TERMS OF SERVICE
1. USING THE SERVICES
What We Offer. We connect licensed medical cannabis users ages 18 and over (“Medical Users”) and adult cannabis users ages 21 and over (“Adult Users”) with our licensed distributor partners (our “Licensed Partners”) and third-party vendors to obtain the medication and/or other goods they need. These products include, but are not limited to, cannabis and cannabis-derived products (collectively, the “Products”). We also, where eligible, connect you with services to deliver the Products to you. You acknowledge that the Service may be provided by any combination of: (i) our affiliates, Licensed Partners, and subsidiaries; (ii) independent third-party providers, including licensed dispensaries and their agents; and/or (iii) us and our agents. Go Erba LLC. is licensed by the Bureau of Cannabis Control as a transport-only distributor for both adult and medicinal use. We do not cultivate, process, manufacture, package, test, label, or sell the Products.
Licensed Partners. Certain of the Products that appear on our website are sold using inventory stored by our Licensed Partners. These Products may be labeled as such on the Product page. When you see that label on a Product page, it means that one of our Licensed Partners is a distributor of the Product, and conducts testing, quality control, and (as may be required) label updates for the Product, as required of distributors by law. We do not verify, authenticate, audit, or otherwise test these Products ourselves, and you should not consider this label as a certificate or endorsement of any kind by us. However, the label means that our Licensed Partner has guaranteed to you, as our customers, that they perform such testing and quality control measures on their inventory of the Product as may be required by State law. Where the label does not appear on the Product page, it means that we purchase it from a third-party vendor other than a Licensed Partner.
Delivery. We offer delivery services for eligible users in accordance with applicable law. To be eligible for delivery, the delivery address must be a physical address (not a P.O. Box) in the State of California, and our delivery drivers (“Drivers”) must be able to reach your address without leaving the State of California. The delivery address cannot be on public land or land leased by a public agency, or to land held in trust by the United States for a tribe or individual tribal member. The delivery address cannot be a school providing instruction to grades Kindergarten through 12th grade, a daycare center, or a youth center. We reserve the right to cancel any order if, in our sole and absolute discretion, we determine that we are unable to deliver to the requested address. Drivers drive unmarked vehicles equipped with GPS technology. We are unable to deliver the Products by passing them through a window to you or using contact-free delivery methods. At the time of delivery, you must provide proof of your identity as requested by us and/or the Driver. If you are a Medical User purchasing the Products for medicinal purposes, this proof of identity will include a valid, California-issued medical cannabis ID card. We reserve the right to cancel the delivery if, in our sole and absolute discretion, we determine that you have not provided us with adequate proof of your identity. You acknowledge that if we cancel your delivery for failure to provide us with adequate proof of your identity and/or for your request of delivery to an ineligible
address, we may charge you or only issue a partial refund in order to compensate us for our Driver’s time and efforts. We, along with our Licensed Partners and third-party vendors, reserve the right to limit, at our sole discretion, the Products you may order using our Service at any given time or over any particular time period.
Charges and Payments. Any charges and/or fees you incur using our Service are due immediately. Where applicable, payments will be automatically delivered to the appropriate vendor, Licensed Partner, or third-party provider. We reserve the right to change our prices and fees for the Service and the Products at any time. The pricing on our website and in any promotional materials we provide may not reflect retail pricing available at our Licensed Partners’ or third-party vendors’ retail locations or originating location. We do not honor promotions or coupons created by our Licensed Partners or third-party vendors unless specifically noted otherwise. Certain purchases may be governed by other terms of sale in addition to those contained here. All such additional terms are incorporated here by reference.
Refunds. ALL SALES ARE FINAL WITH NO REFUNDS, including the Products and all other applicable fees, unless otherwise indicated at checkout or as otherwise required by applicable law or determined by us in our sole discretion. If you qualify for a return in our sole discretion, your inquiries and returns should be directed to us as outlined below.
2. DISPUTE RESOLUTION
Governing Law and Venue. Subject to and without waiving the arbitration provision below, this Agreement shall be exclusively governed by and construed in accordance with the laws of California without regard to its conflict of law principles, and the proper venue for any judicial action arising out of or related to this Agreement shall be the state and federal courts located in California (a “Court of Competent Jurisdiction”). You and Company stipulate to, and waive any objection to, the personal jurisdiction and venue of such courts and submit to extraterritorial service of process. If you reside outside the U.S. and bring a Claim against Company outside the U.S., applicable laws may authorize you to bring a Claim against Company, which shall be brought in your individual capacity only and not in any class action, in the forum where you reside.
Arbitration Provision. If you and Company cannot resolve a Claim through informal negotiations, any Claim shall be finally and exclusively resolved by binding arbitration. “Claim(s)” means any claim or dispute between the parties and/or their parents, subsidiaries, affiliated entities or persons, employees, agents, members, partners, officers, owners, managers, directors, independent contractors, manufacturers, licensors, beneficiaries, successors, and/or assigns, and each of their owners and/or agents (collectively, “Company Entities” who shall be third-party beneficiaries of this Agreement where referenced) arising out of or related to this Agreement or the Service. This arbitration provision is reciprocal, and any election to arbitrate by one party shall be final and binding on the other. This arbitration provision, including the interpretation and enforcement of this provision, shall be governed by the Federal Arbitration Act.
The arbitration shall be commenced and conducted through JAMS (www.jamsadr.com) under its Streamlined Rules, as modified by this arbitration provision. The parties shall each participate in the selection of a neutral arbitrator pursuant to the Streamlined Rules. If JAMS is unavailable to arbitrate, you and Company agree to arbitrate using an alternative arbitral forum. All remedies available to the parties under applicable laws shall remain available in arbitration. All issues, including the interpretation and enforceability of this arbitration provision, shall be determined by the arbitrator. Unless you and Company agree otherwise in writing, the final arbitration hearing shall take place in person at the JAMS facility located in or nearest to your city of residence, provided that either party may elect to have the arbitration conducted by video conference or
telephone. If you initiate arbitration against Company, you will be required to pay an initial fee of $250 (unless you qualify for a waiver), and all other arbitration costs (including any remaining Case Management Fee and fees for the arbitrator’s services) shall be paid as determined by the arbitrator. If Company initiates arbitration against you, Company shall pay all costs associated with the arbitration. Regardless, you and Company will each pay your own attorney’s fees and costs unless an award of attorney’s fees is available under applicable statute.
The arbitrator’s award will consist of a written statement stating the disposition of each Claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Either party may seek relief in a Court of Competent Jurisdiction to stay proceedings pending arbitration, to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator, or for injunctive relief in aid of arbitration. You agree that without this provision, you would have the right to sue in court with a jury trial.
Waiver of Class Actions. YOU AND COMPANY (INCLUDING ANY THIRD-PARTY BENEFICIARIES) MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THIS WAIVER IS A MATERIAL PROVISION. UNLESS YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PARTY’S CLAIMS; AND THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIMS.
3. DISCLAIMERS & LIMITATION OF LIABILITY
Application. This Section applies to the fullest extent permitted by applicable laws. Some jurisdictions may not allow the exclusion of certain warranties or the limitation of certain damages, so some of the below terms may not apply to you. Company, its affiliates, and their owners and agents, are intended third-party beneficiaries of this Section. No advice or information obtained by you through the Service or otherwise shall alter the terms stated in this Section.
Disclaimer of Warranties. COMPANY, ON BEHALF OF ITSELF AND COMPANY AFFILIATES, AND THEIR OWNERS AND AGENTS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, IN ADDITION TO ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THE SERVICE IS PROVIDED “AS IS.” NEITHER COMPANY NOR ITS AFFILIATED ENTITIES OR AGENTS WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED OR ERROR-FREE. NEITHER COMPANY NOR ITS AFFILIATED ENTITIES OR AGENTS WARRANTS THAT ANY OF THE PRODUCTS MEET CERTAIN CHARACTERISTICS, CONTAIN CERTAIN ADVERTISED PERCENTAGES OF CANNABIS DERIVATIVES, OR WILL RESULT IN ANY MEDICAL OUTCOMES.
Limitation of Liability. IN NO EVENT SHALL COMPANY OR AFFILIATES, OR THEIR OWNERS OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FAILURE TO MEET ANY DUTY (INCLUDING GOOD FAITH, REASONABLE CARE, NEGLIGENCE, OR OTHERWISE),
REGARDLESS OF THE FORESEEABILITY OF THE LOSS OR DAMAGES OR NOTICE OTHERWISE. THESE LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER THE LOSS OR DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER THEORY OR FORM OF ACTION. YOU AGREE THAT THIS SECTION REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. WITHOUT LIMITING OTHER PROVISIONS, IN NO EVENT WILL COMPANY OR ITS AFFILIATED ENTITIES OR AGENTS BE LIABLE TO YOU FOR ANY CLAIMS EXCEEDING $100 OR THE AMOUNT OF FEES YOU PAID IF GREATER.
4. ASSUMPTION OF RISK
Your Assumption of Risk. You knowingly and freely assume all risk when using the Service. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Company and its parents, subsidiaries, affiliated companies, employees, agents, officers, owners, directors, successors, and assigns (who shall be third-party beneficiaries of this provision) from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages, loss, or harm, whether to you or to third parties, that may result from your access to or use of the Service.
Acknowledgment of Federal Law. You expressly acknowledge that the Service and the Products are for residents with laws regulating legal use of cannabis only, and that it is your responsibility to know your state and local laws governing your purchase and use of cannabis. Under the federal laws of the United States of America, cannabis, for any use (including medical) is illegal, and that individuals are subject to arrest and/or prosecution for possession, cultivation, and/or transportation of cannabis by federal officers. Interstate transportation of cannabis is a federal offense.
Acknowledgment of Other Risks. You further expressly acknowledge that the Products may contain a number of substances with potentially harmful health effects, including (but not limited to) cannabis and its derivatives. These substances, if detected in your blood and/or urine, may affect your rights and subject you to criminal and civil liability, even when state and local laws authorize the consumption of cannabis. You expressly acknowledge that it is your responsibility, and not ours, to familiarize yourself with the potential consequences of your decision to use and/or consume the Products.
5. MODIFICATION & TERMINATION
Errors. The Service may contain errors, inaccuracies, and omissions, which Company may correct at any time but has no obligation to do so. Company may modify or discontinue the Service, including any products, descriptions, and prices, at any time. Company is not responsible for the accuracy or completeness of all content provided with the Service, and content is provided for general information only. Company makes efforts to display product photographs and information accurately, but we cannot guarantee that your display will be accurate.
Termination. Company may terminate this Agreement, the Service, and your account, at any time for any reason without prior notice. If you wish to terminate this Agreement, you should cease using the Service. Sections 2, 3, 8, and 9 shall expressly survive any termination of this Agreement.
6. YOUR USE OF THE SERVICE
Your Qualifications. By using the Service, you warrant that you: (i) are at least 18 years old if you are a Medical User and 21 years old if you are an Adult User; (ii) reside in the United States or one of its territories; and (iii) are otherwise able (pursuant to local and state law) to access and utilize our Services. You warrant that all information you provide in connection with your use of the Service is current, complete, and accurate and that you will update that information as necessary. You are responsible for maintaining the confidentiality of any credentials and information used in connection with the Service, and you agree to notify Company immediately of any unauthorized use of the same. We reserve the right to suspend or terminate your use of the Service, including your account, and to suspend or cancel your account for a violation of this Agreement or any applicable laws.
Limited License. Subject to your compliance with this Agreement and applicable laws, Company grants you a non-exclusive, non-sublicensable, revocable, non-transferable, limited license to access and use the Service solely for your personal access and use in the manner intended by the Service. This license does not allow you to otherwise reproduce, copy, modify, reverse engineer, sell, or exploit any portion of the Service. Upon termination of this Agreement, your account, or as otherwise directed by Company, this limited license shall immediately cease, and you must stop accessing and using the Service.
Your Account. To use parts of the Service, such as to access your order history and address book, you must use an account. You represent and warrant that all account information you provide is current, complete, and accurate and that you will update that information as necessary. You are responsible for maintaining the confidentiality of your account information, and you agree to notify Company immediately of any unauthorized use of your account. We reserve the right to refuse, suspend, or terminate your account and right to use the Service, or take such other action as we deem necessary in our discretion at any time for any reason subject to applicable laws.
Communications with Company. By providing your email address or communicating with us, you expressly consent to receiving our marketing communications. Providing consent to promotional communications is not a condition of purchasing any goods or services. You can unsubscribe from marketing communications at any time by following the unsubscribe instructions in each communication or by contacting us as outlined below. If you unsubscribe from advertising content, we may still send you non-promotional communications, such as updates to these Terms.
Prohibited Conduct. You are prohibited from doing or attempting to do the following, either by yourself or assisting another, in connection with your access to or use of the Service:
a) Using the Service in any manner not intended (including any commercial re-sale use and/or purchasing the Products on behalf of or with the intention of providing them to a third party);
b) Using the Service in any manner that violates these Terms or any applicable law;
c) Providing false, misleading, or inaccurate information to Company or anyone else;
d) Impersonating or otherwise misrepresenting affiliation with any person or entity;
e) Using any engine, software, tool, agent, or other device or mechanism (including spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information;
f) Accessing content or data not intended for you or that you are not authorized to access;
g) Probing, scanning, or testing the vulnerability of the Service or any associated system or network, or breaching security or authentication measures without proper authorization;
h) Interfering with the Service (including through malware or exploiting vulnerabilities);
i) Forging, modifying, or falsifying any network packet or protocol header or metadata; and
j) Modifying, reverse engineering, or disassembling the source code used by Company.
Indemnification. You are responsible for your account and actions. As such, you shall defend, indemnify, and hold harmless Company and Company Entities from and against all claims, actions, demands, causes of action, and other proceedings, including attorney’s fees, arising out of or related to your account, your actions, or your violation of these Terms or applicable laws.
7. THIRD-PARTY SERVICES
The Service may be linked with or refer to the services, websites, platforms, content, information, goods, services, or tools of third parties (collectively, “Third-Party Services”), some of which may have established relationships with Company and some of which do not. Company has not reviewed and does not control Third-Party Services. Company does not represent, warrant, or endorse any Third-Party Services, or the accuracy, completeness, usefulness, lawfulness, or quality of Third-Party Services. Company does not test, manufacture, label, or otherwise make any warranties, implied or otherwise, with respect to Products provided by third parties. Third-Party Services should not necessarily be relied upon, and their third-party authors are solely responsible for their content. Company shall not be liable or responsible for any loss or damage resulting from your reliance on Third-Party Services, including (but not limited to) labels and descriptions of the Products. We encourage you to research and verify any claims made by third parties regarding the Products.
8. INTELLECTUAL PROPERTY
Company’s Intellectual Property Company, Company’s name and logo, Company’s website domain(s), and all content and other materials available through the Service (collectively, the “Company IP”), exclusive of your content and third-party content, are the trademarks, copyrights, intellectual property, and proprietary content of and owned by Company or its licensors and suppliers. Neither your use of the Service nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the Company IP. You agree that any goodwill in the Company IP generated as a result of your use of the Service will inure to the benefit of Company, and you agree to assign, and do assign, all such goodwill to Company. You shall not at any time, nor shall you assist others to, challenge Company’s right, title, or interest in, or the validity of, the Company IP. All rights not expressly granted in this Agreement are reserved by Company. We reserve the right to terminate your account
Intellectual Property for Third-Party Services. Content provided by third parties may be subject to intellectual property protections. Neither your use of the Service nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, content provided by third parties.
This Agreement is the entire agreement between Company and you concerning the Service. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. Should any part of this Agreement be declared invalid, void, or unenforceable by the arbitrator or Court of Competent Jurisdiction, such decision shall not affect
the validity of any remaining portion of this Agreement, which shall remain in full force and effect, and this Agreement is severable. A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach. This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of Company. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Except where expressly stated herein, there are no third-party beneficiaries to this Agreement. The headings in this Agreement are for convenience only. These Terms apply to the fullest extent permitted by applicable laws. You may have other rights and remedies not outlined above. These Terms and any offers are void where prohibited. Neither party will be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond that party’s reasonable control, including “acts of God,” labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, pandemics, epidemics, earthquake, storms, or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
10. CONTACT US
Our company information is below:
4808 Sunrise Dr
Martinez, CA 94553
Customer support inquiries and returns should be directed through the Contact Us form or to: email@example.com