These Terms apply to all services provided by Dispensed Solutions (“Services”) where information is collected from or about you, or where data from or about you is used. Services include retail sales and age verification at stores branded or owned by Dispensed Solutions (“Stores”), as well as physical delivery of products to you (“Delivery Service”). Services also include digital services provided through the Internet website located at www.MyHavenStores.com (the “Website” or “Site”), applications or software provided online or in conjunction with the Website, and electronic communications sent to you by Dispensed Solutions or its partners (collectively, “Digital Services”).
By using Dispensed Solutions Services, you signify that you have read, understood, and agree to be bound by this Agreement, whether or not you are a registered user of our Services. If you do not agree, do not use Company’s Services, including its Website.
No Use of the Services by Persons Under 21 Permitted
Our Services are intended for a mature audience. The Company intends only persons who are 21 years or older to use the Services, including the Website. You agree that by using the Services, you represent that you are at least 21 years old and that you are legally able to enter into this Agreement.
By using Company’s Services, including the Website, you agree to be bound by the Company’s Legal Disclaimers published on the Website that are expressly incorporated into this Agreement by this reference. To access the Legal Disclaimers, visit the Website at www.MyHavenStores.com, and then click on the Legal Disclaimers hyperlink.
You must create an account and provide certain information about yourself (become a “Member”) in order to use some of the features that are offered through the Services. You can create an account for some Services on the Website, or by visiting a Company retail store. Some Services may also be available via a social login from your authorized social networking service account (Facebook or Google or Instagram or similar “social networking” services, each an “SNS”). If you wish to access the Service via your SNS credentials, you must have a valid account on the SNS through which you connect to the Services, which will then enable you to complete registration on the Services. Your membership account gives you access to the Services and functionality that we may establish and maintain from time to time and at our sole discretion. You may use your account settings to control your Member Profile.
When you sign up to become a Member, you must complete the registration process by providing the complete and accurate information requested on the registration forms. You may also be asked to provide your email address and/or phone number, as well as choose a username and password. Member accounts are limited to one account per person. You may not create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple Membership Accounts. Additionally, you may not impersonate someone else.
You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, password, or personal information of someone else at any time. You agree to notify the Company immediately of any unauthorized use of your account, username, or password. You are solely responsible for any and all use of your account, and the activity that occurs on your account.
Dispensed Solutions shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
Note that opting out may prevent you from receiving email messages regarding updates, improvements, or special offers.
Note that if you provide your email address to Haven, you consent to receive service messages (“Service Messages”) from Haven, which includes notices about Haven’s communications, your inquiries to Haven, your transactions, and other notices, including notices required by law, in lieu of postal mail. You may not opt out of Service Messages, since Dispensed Solutions may be legally required to inform you of important facts.
Mobile Device Use
By providing your email address or phone number to Dispensed Solutions via the Internet or in person, you are consenting to receive marketing communications from Dispensed Solutions on your phone or other mobile device via email or SMS text messages until you opt out. Communications may be sent to your email address, to the mobile number associated with your mobile device, or both.
In the event you elect to opt-out of communications to your mobile device, you may receive an additional message from the Service confirming your election.
The Company does not warrant that the text messaging service controlling messages to your mobile device will be uninterrupted or error free.
You are responsible for paying mobile network carrier fees, taxes, and other charges related to the receipt of email and SMS text messages from Company to your mobile device.
Though you may access the Service via a mobile device, Company shall not be liable for any delay in performing or failure to perform any obligation hereunder by circumstances beyond our reasonable control including (without limitation) any technical problems beyond the control of Company such as (for example) defects, congestion or failures of capacity or otherwise in the public data or telephone or mobile carrier network or caused by atmospheric interference, your mobile device being turned off for an extended period of time so that messages are not retained, or your being unable to obtain mobile network coverage.
Product Purchases, Billing, and Payment
You acknowledge that Company may charge a fee for the use of any Services, provided that Company notifies you of any such fee before you incur it. Subject to the foregoing, you agree to pay any fees incurred by you, including fees for products or delivery you order via the Services. Fees owed depend on the specific type and quantity of Company products, services, information, or deliverables (collectively “Products”) ordered. Payment of fees shall not be contingent on any events other than the receipt of the ordered Products. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by you. If payment is not current, Company may immediately cease to provide any and all Services to you.
When ordering Products or using our Services, you must provide accurate and complete information as requested in order for us to process your transaction. It is your responsibility to promptly provide us with any contact or billing information changes or updates (including phone number, email address, physical address, credit card numbers, etc.). Account updates should be made by contacting us at privacy@MyHavenStores.com.
All sales are final, non-cancelable, and non-refundable except as expressly set forth in this Agreement or as otherwise determined by us in our sole discretion.
All prices specified in descriptions of the Services are recommended retail prices. Prices are current at the time of publication and are subject to change without notice. All pricing is in United States dollars.
You are responsible for paying any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with Products you purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Company reserves the right to collect such taxes or other fees from you at any time.
At its sole discretion, Dispensed Solutions may offer you rewards points when you purchase Dispensed Solutions products. Rewards points can only be applied toward purchases, and cannot be redeemed for cash. If you delete your Dispensed Solutions customer profile, any points you have accrued will become inaccessible and unredeemable.
Exchanges and Refunds
For a limited time determined by us, we may offer exchanges for some cannabis or apparel goods you purchase from us, provided they remain in their original and perfect saleable condition. See the Dispensed Solutions Exchange and Refunds Policy on the Dispensed Solutions website, or call your nearest store for current exchange details. Note that all sale items are final and cannot be exchanged. No refunds are permitted on sale items, nor on items that cannot be resold in perfect, unused condition.
If you send or post information (“User Content”) to Dispensed Solutions or its Services, including photos, messages, or commentary, you grant Dispensed Solutions a perpetual worldwide license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, sell, transfer, or reformat your User Content without limitation, notice, or compensation to you. The Company has the right but not the obligation to monitor and edit or remove any activity or User Content in its sole and absolute discretion.
<h3<Compliance with Intellectual Property Laws
When accessing the Website or using other Dispensed Solutions Services, you agree to obey by the law and to respect the intellectual property rights of others. Your use of our Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by all laws regarding copyright ownership and the use of intellectual property, and you shall be solely responsible for and indemnify the Company against and damages resulting from, any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your login information. The burden of proving that any content does not violate any laws or third party rights rests solely with you.
The Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website and its other Services. The Company has adopted a policy that provides for the immediate suspension and/or termination of any Website or other Services user who is found to have infringed on the rights of the Company or of a third party, or otherwise violated any intellectual property laws or regulations. The Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, knowledge, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material; (d) information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You agree not to use any automated systems, including, without limitation, “robots,” “spiders,” “web crawlers,” “screen scrapers,” “page scrapers,” “offline readers,” “bot” or “Denial of Service” (DoS) traffic generators, or similar tools that access the Website or other Digital Services in a manner that sends more request messages to our network than a human can reasonably produce in the same period of time by using a conventional online web browser.
You will not attempt to gain unauthorized access to any portion or feature of Company’s Services, including its Website, or any other databases or systems or networks connected to these services, or to any of the services offered on or through the Website, by hacking, password “mining,” or any other illegitimate means.
Accessing, collecting, and/or harvesting Members’ information stored on the Website or in other Digital Services, including, but not limited to, their personally identifiable information, are prohibited.
You agree not to frame the Dispensed Solutions Website or other Digital Services in browser frames, or otherwise reroute or alter content from Company’s Digital Services en route to a visitor’s browser.
You agree not to use any portion of the Services as a source or destination for unsolicited bulk messages or unsolicited commercial messages.
You agree not to impersonate Company employees in any electronic message sent to Company or its Members.
Appropriate legal action will be taken for any illegal or unauthorized use of the Services.
The Company hereby disclaims all warranties. Haven’s Services, including, but not limited to, its Website, in-store services, delivery, and rewards, are provided on an “as is” and “as available” basis. The Services are provided without warranties of any kind. You assume the risk of any and all damage or loss from use of, or inability to use, the Services, whether they are provided in-person or through the Internet. To the maximum extent permitted by law, the company expressly disclaims any and all warranties, express or implied, regarding the Services, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or noninfringement. Without limiting the foregoing, the Company, its Affiliate entities, subsidiaries, and licensors do not warrant that the content within the Services is accurate, reliable, or correct; that the Services will meet your requirements; that the Services will be available at any particular time or location; that the Services will be uninterrupted, secure, or error-free; that any defects in the Services will be corrected; or that the Services are free of viruses or other harmful content. Any content downloaded or otherwise obtained through the use of the Services is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download.
The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, and the Company will not be a party to or in any way monitor any transaction between you and any third-party providers of products or services.
The Company’s liability to you is limited. To the maximum extent permitted by law, in no event shall the Company, its Affiliate entities, officers, directors, employers, agents or licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages of any kind (including, but not limited to, damages for lost profits, goodwill, use, lost data, or other intangible losses) regardless of the foreseeability of those damages, arising out of or in connection with your use of, or inability to use, the Services.
To the maximum extent permitted by applicable law, the Company assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content provided by or in relationship to the Services; (ii) any unauthorized access to or use of our servers and/or any and all personal information stored therein; (iii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services, including any purchases made therein; (iv) any interruption or cessation of transmission to or from the Services; (v) any bugs, viruses, worms, trojan horses, ransomware, malware, or the like that may be transmitted to or through the Services by any third party; (vi) user content that is defamatory, offensive, infringing, or user conduct that is illegal. In no event shall the Company, its Affiliate entities, officers, directors, employers, agents or licensors be liable to you for any claims, proceedings liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to the Company hereunder.
This limitation of liability section shall apply regardless of whether the alleged damages arise out of breach of contract, tort, or any other legal theory or form of action, even if the Company has been advised of the possibility of such damage.
The Company has no control over, and no liability for, any third party websites or materials. The Company works with a number of partners and affiliates whose Internet sites may be linked with our Digital Services, including our Website. Because neither the Company nor our Digital Services have control over the content and performance of these partner and affiliate sites, the Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and the Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of our Digital Services including our Website, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that the Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content. Your dealings with or participation in promotions of advertisers to which you opt-in and/or find on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that the Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
The Company imposes certain restrictions on your permissible use of the Services, including the Website. You are prohibited from violating or attempting to violate any security features of the Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, test, or exploit vulnerabilities of the Services, including the Website, or any associated system or network, or to breach security or authentication measures without proper written authorization from the head of the Company’s Information Security department; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus or other malware to the Services, or overloading, flooding, spamming, mail bombing, crashing, or denying service to the Services; (d) using the Services to send unsolicited e-mail or text messages, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header, email header, mobile device identifier, or any part of the header information in any e-mail or text message or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing its Services. Any violation of system or network security may subject you to civil and/or criminal liability.
All trademarks, service marks, and trade names of the Company used in its Services, including on its Website, are trademarks or registered trademarks of Next Gen IP, LLC.
Governing Law and Arbitration
Class Action Waiver
Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action.
Your access and continued use of the Website signifies your explicit consent to this waiver.
If any part of this Agreement is found by a court to be invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.
Nothing contained on the Dispensed Solutions Website, or presented by any other Services, should be understood as granting you a license to use
any of the trademarks, service marks, or logos owned by the Company or by any third party.
Availability and Use Outside of the United States
The Services are controlled, offered and operated from facilities in the United States. The Company makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found in, on, and through the Services are solely directed to individuals located in the United States. Nothwithstanding the foregoing, the Company retains all rights, including all intellectual property rights, to the Services and the content therein, throughout the world.
The Company may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email or text message notice, written or hard copy notice, or through conspicuous posting of such notice on the Website or on other Services, as determined by Company in our sole discretion, and even if you have opted out of other communications. Company reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in this Agreement.
California User Notice
Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
HAVEN SOCIETY TERMS & CONDITIONS
The HAVEN SOCIETY is intended for personal use only. Commercial use is prohibited. This program is not targeted towards, nor intended for use by, anyone under the age of 21.
HAVEN SOCIETY is one way in which DS endeavors to reward and thank loyal customers for patronizing our business, and purchasing products at DS retail locations “Stores”. Members of HAVEN SOCIETY are able to earn and accumulate “Points” that can be redeemed for HAVEN SOCIETY benefits, also known as “Rewards,” at participating DS Stores in the State of California. Unfortunately, not all Stores have the ability to award Points or honor Rewards at this time.
JOINING HAVEN SOCIETY
There is 1 (one) way to enroll in HAVEN SOCIETY and begin accumulating Points:
Join HAVEN SOCIETY by visiting a DS retail location and making a qualifying purchase. The registration process may require that you provide the following information: email address, physical address, telephone number, birthday, name, and marketing preferences.
The benefits that are available to you through HAVEN SOCIETY are based on the number of “Points” that you earn. You can earn Points by making qualifying purchases in person at participating DS Stores.
You will earn Points based on the value of your purchase at the rate of two (2) Points for each One Dollar ($1.00) you spend at participating DS Stores, some exclusions apply. Taxes, tips, donations, and fees, including without limitation, shipping and handling fees, gift wrapping fees, delivery fees, and bag fees, may also be excluded and ineligible for Point accrual. Points may be earned and awarded in fractional amounts depending on the value of your purchase. Generally, Points for qualifying purchases from participating Stores are automatically added to your account within twenty-four (24) hours. From time to time, we, or others acting with our permission, may offer you special promotions that offer you “Promotional Points.” Promotional Points, such as “bonus” Points, will be awarded as described in the applicable promotional offer and will be subject to any additional terms set forth in the promotional offer.
If you void a purchase made at an DS store, DS will deduct the Points that you were awarded for that purchase, potentially resulting in a negative Point balance on your account. If you return merchandise that you purchased, DS will deduct Points from your account.
HAVEN SOCIETY LEVELS
You can view and track your Point balance and available Rewards at a DS location by asking a sales associate and providing your identifying information. DS reserves the right to change the number of benefit levels and to change the benefits and Rewards associated with each level in its sole discretion at any time.
To qualify for the birthday Reward, you must join HAVEN SOCIETY at least seven (7) days before your birthday and have made at least one Point-earning transaction. Your birthday Reward will be automatically added to your account on your birthday (that is, the birthday date of record that you provided in your DS account information), and is valid only on that date. You will receive only one (1) birthday Reward regardless of the number of accounts you have.
There are no membership fees associated with HAVEN SOCIETY. Points accumulated under the program are promotional and have no cash value.
Your Points, Rewards, and your account under HAVEN SOCIETY are personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one (1) HAVEN SOCIETY account that is personal to you.
Without notice to you, DS also reserves the right to “unregister” and make ineligible for the HAVEN SOCIETY account that has been inactive for two (2) consecutive years.
Inactive is defined as no Points earned. In the event that your account is unregistered or rendered inactive, then all accumulated Points in your account are void.
DS reserves the right to terminate, discontinue or cancel the HAVEN SOCIETY at any time and in its sole discretion without notice to you.
The Program is available at participating retail locations in California and is open to U.S. residents at least 21 years of age, or U.S. Residents at least 18 years of age with a valid medical card, subject to applicable state and local laws. Membership is limited to individuals only and is limited to one account per individual. Membership will not be available to corporations, businesses, charities, partnerships, enterprises or anyone other than an individual, unless written approval is received in advance from Haven, in its discretion. If you are not eligible, you are prohibited from accessing, using and registering for the Program. Employees of Haven, its affiliates and subsidiaries are eligible to become Members of the Program, but may be excluded from certain promotions. Dispensed Solutions may refuse to offer or continue offering Program access or services to any person and may change its eligibility criteria from time to time in its sole discretion. Dispensed Solutions may refuse to accept any application to register as a Member in its sole discretion.
Enrollment and Qualifying Purchases
Customers may enroll in the Program at any participating Haven store by supplying the following information: First name, Last name, and e-mail. Customers enrolled in the Program (“Members”) will receive one (1) point for every dollar spent before taxes on all Qualifying Purchases. A Qualifying Purchase shall mean all purchases made at any participating Dispensed Solutions retail store (including in-store pick-up orders placed on Haven.com and delivery, if applicable) with the exception of gift cards, purchases made prior to the effective date and other merchandise designated as a special promotion. Qualifying Purchases are determined at Haven’s sole discretion. Points have no cash value and may not be redeemed in partial increments, for merchandise or any other value. Earned points will post to a Member’s account within twenty-four (24) hours of the in-store purchase date and will remain pending prior to the twenty-four (24) hour requirement. A Member may check their point balance with an in-store hospitality associate or via periodic Program emails sent to the Member’s email address.
For every two hundred (200) points earned, a $5 reward (“Reward”) is issued. For each Reward issued, two hundred (200) points will automatically be deducted from the Member’s earned points. Rewards are redeemable at all participating Dispensed Solutions Stores. Reward redemptions will be deducted from a Member’s purchase before taxes. Multiple Rewards concurrently in a Member’s account may be combined on any single purchase. Rewards can be redeemed with other discounts, promotions or offers except where noted otherwise. A Reward will be deducted from the purchase price subtotal after a promotion or discount is applied and before taxes. Rewards are not transferable, valid to purchase a gift card, price adjustments, and/or redeemable for cash.
Points earned will expire if a Member’s does not make a Qualifying Purchase within twelve (12) months of the date of issue. Rewards will expire, if not redeemed, within sixty (60) days of the date of issue. Points earned from a purchase that is later returned may be deducted from the Member’s account at the time of a return transaction. In the event a Member elects to opt-out of Dispensed Solutions Services, opt out of the Program or request that the Member’s data be deleted, all accrued points will expire.
Participation in the Program is a privilege granted to Members, and as such may be revoked, suspended, or terminated at any time by Dispensed Solutions for any reason. If your Program membership is terminated, all points associated with your membership and any membership benefits will be forfeited immediately upon termination. If your membership is terminated due to fraudulent activity or noncompliance with these Terms and Conditions, in addition to immediately forfeiting all points and membership benefits, you cannot participate in or rejoin the Program, and Dispensed Solutions reserves all rights to pursue damages caused by the fraudulent activity or noncompliance.
Points and Rewards are not transferable and may not be combined among Members or conveyed by any means to anyone, including through a Member’s estate, and may not pass to a Member’s successors and assigns. Accrued Points do not constitute property of the Member. Accrued Points are not transferable by the Member upon death.
Program Changes and Terminations
We reserve the right to change or terminate the Program, or any part thereof, at any time without notice and without further obligations to Members, including, but not limited to modifications which: a) govern how points are earned on and after the date of change; or b) change the value of Rewards. No points will be earned or redeemed after the effective date of termination. Any and all changes and/or amendments to these Terms and Conditions will become binding upon all Members immediately.
Unless Member has expressly opted out of receiving marketing communications, Dispensed Solutions will communicate with Members about Member promotions and other marketing materials via mail, e-mail, and other channels.
Member is responsible and liable for any applicable sales, use, or other taxes which may result from Member’s participation in the Program.
Release of Liability
By agreeing to participate in the Program, you release Haven, its parent and subsidiaries and affiliate entities and vendors, and each of their respective directors, officers, employees and agents (collectively “Released Parties”) from all liability with respect to the misdirection or misuse of any points or Rewards, or the use of any Reward by any individual other than the Member who earned the Reward. You further agree through your agreement to participate in the Program to release the Released Parties from and against any and all claims, damages, losses, liabilities and other expenses (including, without limitation, attorney’s fees and expenses) relating to your participation in the Program, use of the Rewards, or agreement to any of these Terms and Conditions.
Warranties and Disclaimers
The Program may be unavailable, inaccurate or interrupted from time-to-time for a variety of reasons. We are not responsible for any unavailability, interruptions or errors of the Program or its features. Dispensed Solutions is not responsible for unauthorized use of points. Dispensed Solutions may from time to time request information from you to confirm your identity before it will allow use of your points.
The Released Parties make no warranty or condition, express or implied, including, but not limited to, any warranties or conditions of merchantability or fitness for a particular purpose with respect to the Program, membership in the Program, or any products or services related to the Program, including the Rewards. YOU AGREE THAT PARTICIPATION IN THE PROGRAM, MEMBERSHIP IN THE PROGRAM, AND USE OF ANY PRODUCTS OR SERVICES RELATED TO THE PROGRAM, INCLUDING ALL BENEFITS AND REWARDS IN CONNECTION WITH THE PROGRAM, IS ENTIRELY AT YOUR OWN RISK. PROGRAM PRODUCTS, SERVICES, BENEFITS AND REWARDS ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, DISPENSED SOLUTIONS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE PROGRAM, AND THE DISPENSED SOLUTIONS WEBSITES. TO THE FULLEST EXTENT PERMITTED BY LAW, DISPENSED SOLUTIONS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS OFFERED BY THIRD PARTIES, RECEIVED THROUGH OR ADVERTISED IN THE PROGRAM, ON THE DISPENSED SOLUTIONS WEBSITES OR AT THE DISPENSED SOLUTIONS STORES. TO THE FULLEST EXTENT PERMITTED BY LAW, DISPENSED SOLUTIONS DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE PROGRAM, DISPENSED SOLUTIONS WEBSITES AND DISPENSED SOLUTIONS MARKETING MATERIALS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
Limitation on Damages
UNDER NO CIRCUMSTANCES SHALL DISPENSED SOLUTIONS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF DISPENSED SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR MISUSE OF THE DISPENSED SOLUTIONS WEBSITES OR THE PROGRAM, FROM YOUR INABILITY TO USE THE DISPENSED SOLUTIONS WEBSITES, THE PROGRAM, FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE DISPENSED SOLUTIONS WEBSITES OR THE PROGRAM, OR FROM ANY OTHER CLAIM RELATING IN ANY WAY TO THE PROGRAM OR THESE TERMS AND CONDITIONS. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY THIRD-PARTY SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE DISPENSED SOLUTIONS WEBSITES, THE PROGRAM, OR ANY LINKS ON THE DISPENSED SOLUTIONS WEBSITES AS WELL AS BY REASON OF ANY THIRD-PARTY INFORMATION, ADVICE, OR ADVERTISEMENT. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. CERTAIN OTHER JURISDICTIONS DO NOT PERMIT LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO INDEMNIFY AND HOLD HAVEN, ITS OFFICERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, AGENTS, SERVICE PROVIDERS, VENDORS, SUPPLIERS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEY FEES AND COURT COSTS, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF YOUR SUBMISSIONS; ANY THIRD-PARTY EVENT, WEBSITE OR ORGANIZATION; YOUR MISUSE OF THE DISPENSED SOLUTIONS WEBSITE OR THE PROGRAM; YOUR VIOLATION OF THE TERMS AND CONDITIONS; YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES HEREIN; OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
All Program designs, text, graphics, logos, images, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress, and/or intellectual property in such materials are owned by Haven.
To the fullest extent permitted by law, any claim or dispute arising out of or relating to the Program and/or these Terms and Conditions will be governed by and construed under the substantive laws of the State of California, without reference to conflict-of-laws considerations. FURTHER, ANY DISPUTE RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OR THE PROGRAM, INCLUDING CLAIMS BASED ON STATE OR FEDERAL STATUTES, SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN LOS ANGELES, CALIFORNIA. SUCH PROCEEDINGS SHALL BE CONDUCTED UNDER THE PREVAILING RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR’S AWARD SHALL BE BINDING AND FINAL AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. UNDER THIS AGREEMENT, DISPENSED SOLUTIONS AND MEMBER UNDERSTAND AND AGREE THAT THEY ARE GIVING UP THEIR RIGHT TO A COURT OR JURY TRIAL. DISPENSED SOLUTIONS AND MEMBER FURTHER AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THIS PROVISION SHALL NOT APPLY IF MEMBER HAS IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE ANY COMPANY INTELLECTUAL PROPERTY RIGHTS, IN WHICH CASE COMPANY MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF CALIFORNIA. MEMBER CONSENTS TO EXCLUSIVE JURISDICTION AND VENUE IN THESE COURTS.
If any provision of these Terms is held to be unlawful, or for any reason, unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
Marijuana and Federal Law Disclaimer; Assumption of Liability
MARIJUANA IS A SCHEDULE 1 CONTROLLED SUBSTANCE UNDER THE CONTROLLED SUBSTANCE ACT (21 U.S.C. 802) (“CSA”) AND THE CULTIVATION, DISTRIBUTION, AND POSSESSION OF MARIJUANA IS A CRIME UNDER FEDERAL LAW. KEEP ALL MARIJUANA AND MARIJUANA PRODUCTS OUT OF REACH OF CHILDREN AND ANIMALS. INTOXICATING EFFECTS OF MARIAUNA AND MARIJUANA PRODUCTS MAY BE DELAYED UP TO TWO (2) HOURS. USE OF MARIJUANA WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL. CONSUMPTION OF MARIJUANA AND MARIJUANA PRODUCTS IMPAIRS YOUR ABILITY TO DRIVE AND OPERATE MACHINERY, PLEASE USE EXTREME CAUTION.
YOU ASSUME THE RISK OF ANY-AND-ALL DAMAGE OR LOSS INCURRED AS A RESULT OF YOUR CONSUMPTION OF MARIJUANA OR MARIJUANA PRODUCTS OBTAINED FROM ANY DISPENSED SOLUTIONS STORE. ALTHOUGH THE DISPENSED SOLUTIONS WEBSITE AND EMPLOYEES OF DISPENSED SOLUTIONS STORES MAY PROVIDE INFORMATION REGARDING THE MARIJUANA AND MARIJUANA PRODUCTS AVAILABLE FROM EACH DISPENSED SOLUTIONS LOCATION, INCLUDING BUT NOT LIMITED TO POTENCY, PHARMACOLOGICALLY ACTIVE INGREDIENTS, SOURCE OF CULTIVATION, RECOMMENDED USES AND BENEFITS, AND ALL OTHER DESCRIPTIONS OR INFORMATION (COLLECTIVELY “MARIJUANA INFORMATION”), SUCH MARIJUANA INFORMATION SHOULD IN NO WAY BE CONSTRUED AS MEDICAL ADVICE. ALL MARIJUANA INFORMATION IS PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE UNDER ANY CIRCUMSTANCE. ALWAYS CONSULT YOUR PRIMARY CARE PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER PRIOR TO USING MARIJUANA OR A MARIJUANA PRODUCT FOR TREATMENT OF A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR FAIL TO SEEK IT FOLLOWING RECEIPT OF MARIJUANA INFORMATION FROM THE SITE OR A DISPENSED SOLUTIONS LOCATION WHERE YOUR USE OF MARIJUANA IS TO TREAT A MEDICAL CONDITION. DISPENSED SOLUTIONS AND EACH DISPENSED SOLUTIONS LOCATION CANNOT GUARANTEE THE ACCURACY OF ANY MARIJUANA INFORMATION PROVIDED ON THE SITE; DO NOT RELY ON SUCH MARIJUANAINFORMATION.
A Member may opt out of the Program at any time by emailing privacy@MyHavenStores.com.
For questions or comments about the Program, please email privacy@MyHavenStores.com.