PART 1 – TERMS OF SERVICE ACKNOWLEDGMENT
Welcome to The Artist Tree! Your privacy is particularly important to us and something we take seriously. Please read through our terms and conditions of service (“Terms of Service”) before accessing or using our website, which is operated by The Artist Tree and its affiliates (“The Artist Tree”, “Company”, “we”, “us”, and “our”). The Terms of Service is a binding agreement between you and The Artist Tree. The agreement governs your access to The Artist Tree website, products, and any services supplied by us through our website or otherwise (collectively and together with the website, the “Services”). Any new features or information added to our website shall be subject to these Terms of Service. We reserve the right to modify or discontinue our website and services without notice and shall not be liable to you or any third party for any modification, suspension, or discontinuance of our Services. We further reserve all rights not expressly granted to you in the Terms of Service.
By using, accessing, or browsing our website, you agree to be bound by the Terms of Service. If you do not agree to be bound by the entirety of the Terms of Service, you may not access our Services. If you are dissatisfied with our website or with our Terms of Service, your sole remedy is to discontinue using our website. Use of this website by any person where such use would be contrary to law is forbidden.
The Terms of Service and any policies or operating rules posted by us on our website or in respect to our products and services constitutes the entire agreement and understanding between you and The Artist Tree. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of our Services constitutes acceptance of any changes. Ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. The Terms of Service shall operate to the fullest extent permissible by law.
There is no joint venture, partnership, employment, or agency relationship created between you and The Artist Tree as a result of these Terms of Service or through the use of our Services. Upon our request, you agree to furnish us with any documentation, substantiation or releases necessary to verify your compliance with these Terms of Service. You cannot assign, transfer, or sublicense these Terms of Service without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent.
PART 2 –USER INFORMATION
To use certain features of our website, you must complete a registration process by providing information such as your age, e-mail address, username, and password. You are responsible for ensuring the confidentiality of your username and password. You may not use the account, username, or password of anyone else, nor create duplicate accounts. You must provide accurate information during the registration process and must update the information if it should change. You represent and warrant that you are at least (1) 18 years of age with a valid Medical Marijuana Identification Card or physician’s recommendation or (2) 21 years of age to access our website and products.
We are not liable for any loss because of someone else using your account, username, or password, either with or without your knowledge. You may be held liable for losses incurred by us due to someone else’s use of your account, username, or password. We reserve the right to terminate your registration or to refuse services to you, without prior notice, at any time, and for any reason.
PART 3 – WEBSITE CONTENT
Except as otherwise expressly granted to you in these Terms of Service all content on this website including text, logos, graphics, photographs, images, trademarks, and other is owned by The Artist Tree and is subject to copyright and intellectual property rights. All graphics, logos, names, and designs are registered or common law trademarks and are the exclusive property of The Artist Tree.
Content on the website is for your information and personal use only and may not be used, copied, reproduced, distributed, broadcast, licensed, or otherwise exploited for any commercial purpose without the express permission of The Artist Tree.
Content is provided for general information use only and should not be relied upon. Any reliance on content is at your own risk. We are not responsible if content is not accurate, complete, or current, and we reserve the right to modify the content at any time. We make no promise that the Services will meet your requirements, and we cannot guarantee that the Services will be fault free. If a fault occurs in our Services, please report it to us via email at [email protected].
PART 4 – THIRD-PARTY LINKS
We may provide links to third party websites or services for you to access. The third-party links may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. We are not liable or responsible for any third-party materials or websites or for any harm or damages related to the purchase or use of goods, services, content, or any other transactions made in connection with any third-party websites. Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third-party.
PART 5 – USER CONTENT, COMMENTS AND FEEDBACK
All comments, feedback, suggestions, and ideas submitted or offered to The Artist Tree via our website shall be our property. We take no responsibility and assume no liability for content posted by you or any third party, and we make no representations regarding the truthfulness of such content.
You warrant that, by posting content, you own the rights to the content and are authorized to post, distribute, and display such content. You agree that we may publish or disclose your name in connection with such content, and that such content does not violate the rights of any third party. You further agree that no content submitted by you to our website is libelous, unlawful, abusive, obscene, or contains any computer virus that could affect the operations of our website.
The Artist Tree will not tolerate certain social media conduct by users of our Services whether indirectly or directly targeting or relating to The Artist Tree, its members, officers, directors, employees, personnel, or agents. In the event you engage in any prohibited conduct The Artist Tree reserves its full legal rights to pursue legal damages against you.
We may, but have no obligation to, monitor, edit or remove content that we deem to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or in violation of our Terms of Service.
PART 6 – NOTIFICATIONS, TEXT MESSAGES, AND EMAILS
If you create an account and provide us with your cell phone number, you agree and consent to receive certain text messages from us regarding our website, products, and services. These text messages may relate to the website’s operations or include promotional messages. Standard text messaging rates will be applied by your mobile device carrier to any text messages sent by us. You will have the option to opt out of receiving text messages by replying “STOP.”
Text messages may be generated by automatic telephone dialing systems. You hereby waive your right to pursue all claims under the Telephone Consumer Protection Act (“TCPA”). To the extent any claim cannot be waived, you agree that any claim against The Artist Tree shall be arbitrated on an individual rather than a class action basis and in accordance with the Governing Law and Arbitration provisions of these Terms of Service.
By providing us with your email address, you agree that we may send you emails concerning our Services. You will have the option to opt out of such emails by following instructions to unsubscribe included in each email.
PART 7 – TYPOGRAPHICAL ERRORS AND INACCURACIES
There may be information on our website that contains typographical errors, inaccuracies or omissions relating to product descriptions, promotional offers, pricing, delivery charges, product availability, or other matters. We reserve the right to correct any such errors or inaccuracies and to change or update information on our website accordingly.
We undertake no obligation to update, amend or clarify information on our website except as required by law.
PART 8 – CANNABIS SAFETY
Our website contains information about cannabis products intended for sale and consumption in the State of California. You acknowledge that cannabis is currently a Schedule I controlled substance under the Controlled Substances Act and possession, cultivation, and distribution of cannabis is federally illegal. Any questions regarding the legality of cannabis shall be directed to independent legal counsel. Any activities or business you engage in relating to cannabis shall be done at your own risk.
By using our website, you acknowledge that information provided on the website is for educational and informational purposes only. It is not intended as medical advice nor as an exhaustive list of all possible uses, directions, or adverse effects. Always heed the advice of your doctor or medical professional. Do not operate motor vehicles or machinery while under the influence of cannabis. If you are pregnant or may be pregnant, breastfeeding, suffering from a health condition, or taking prescription medications, consult a physician or other health care professional prior to using cannabis.
In accordance with Proposition 65, you acknowledge that cannabis and cannabis smoke contains chemicals, such as, but not limited to, arsenic, benzene benzo[a]pyrene, cadmium, hexavalent chromium, formaldehyde, lead, and nickel that have been proven to cause cancer. You and other users of our Services are solely responsible for the use of such product and the consequences of such use.
PART 9 – PICKUP, DELIVERY, AND PAYMENTS
You may have the ability to order cannabis products for pickup or delivery through our website. Any order placed through our website (“Order”) is considered an offer to buy. We may choose to cancel or not accept any Order in our sole discretion. If we make a change or cancel an Order, we may attempt to notify you by contacting the e-mail address or phone number provided at the time the order was made.
All prices posted on our website are subject to change without notice. Posted prices do not include local or state taxes or charges for shipping and handling. All such taxes and charges will be added to your product total and will be itemized in your cart and on your receipt. We are not responsible for pricing or other errors in any offer by us and we reserve the right to cancel orders arising from such errors. We further reserve the right to limit the quantities of any Services that we offer and to discontinue any product at any time.
All sales shall be considered final, non-cancelable, and non-refundable except as expressly set forth below. You agree to pay for all orders placed through our website and for all costs and expenses of collection, including attorney’s fees, in the event of a failure to pay. In the event you dispute the amount or validity of any payments made to The Artist Tree, you must notify us within fifteen (15) days of payment, of any such dispute by mail or email at the addresses listed below. Failure to notify us of any dispute within fifteen (15) days of payment constitutes your waiver of any claims related to the disputed payment.
PART 10 – PROHIBITED USES
In addition to prohibitions stated elsewhere in this Terms of Service, you are prohibited from using our website for (1) any unlawful purpose; (2) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (3) to harass, abuse, insult, harm, defame, slander, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (4) to collect or track the personal information of others; (5) to spam, phish, pharm, pretext, spider, crawl, or scrape; (6) for any obscene or immoral purpose; or (7) to interfere with or circumvent the security features of the website.
PART 11 –INDEMNIFICATION AND LIMITATIONS ON LIABILITY
You expressly agree to defend, indemnify, and hold harmless The Artist Tree and its affiliates, employees, and officers against all claims, including reasonable attorney fees, relating to your use of our Services.
You further agree that your use of our Services will be at your sole risk and that to the fullest extent permitted by law, The Artist Tree and its affiliates, employees and officers disclaim all warranties express or implied in connection with our Services. We expressly do not warrant your use of the website will be error free, uninterrupted, or free of viruses and we shall not be liable for any direct or indirect loss or damages, punitive or other, resulting from your use of our Services. The Artist Tree shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond The Artist Tree’s reasonable control. Notwithstanding anything to the contrary contained herein, The Artist Tree and its affiliates’ liability will be limited to the greater of the amount paid by you, if any, to The Artist Tree for the period of one (1) month prior to the cause of action or Ten Dollars ($10).
PART 12 – GOVERNING LAW AND ARBITRATION
These Terms of Service covering our Services shall be governed by and construed in accordance with the laws of the state of California. Nothing in these Terms of Service shall prevent The Artist Tree and its affiliates from seeking injunctive or other equitable relief, payment of amounts due, or enforcement of an award before any court having jurisdiction over any person.
The Artist Tree and you agree to submit to the nonexclusive personal jurisdiction of the courts located in Los Angeles, California.
In the event of a dispute with The Artist Tree, you agree to contact The Artist Tree in good faith to resolve the dispute. All offers, promises, and statements, whether oral or written shall be confidential, privileged and inadmissible provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
If the dispute has not been resolved after thirty (30) days, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or in any way relating to these Terms of Service and/or our Services by binding arbitration rather than in court in Los Angeles, California before one arbitrator jointly selected by the parties. If the parties are unable to agree upon an arbitrator within thirty (30) days of a party’s notice of intention to arbitrate, the parties shall agree to use the American Arbitration Association as an appointing authority. The arbitration shall be held in Los Angeles, California in accordance with the American Arbitration Association’s Commercial Arbitration Rules. In any arbitration arising out of or related to this Agreement, the parties shall share the arbitrator’s fee and any filing fees equally. The arbitrator shall award the prevailing party its attorneys’ fees and costs but shall not grant punitive damages. Judgment on the award may be entered in any state court having appropriate jurisdiction. The parties understand that by agreeing to binding arbitration, they are giving up rights that they may otherwise have to trial by a court or jury, and all rights of appeal. This section will not preclude the parties hereto from seeking injunctive relief and/or provisional remedies in aid of arbitration from a state court of appropriate jurisdiction.
PART 13 – CLASS ACTION WAIVER
Any dispute 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 Services signifies your explicit consent to this waiver.
PART 14 – NON-WAIVER/SEVERABILITY
No waiver of any breach of any provision of these Terms of Service shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
The provisions of these Terms of Service are intended to be severable. If for any reason, any provision or part of a provision of these Terms of Service shall be held invalid, void, or unenforceable in whole or in part that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.
PART 15 – COMPLAINTS
If any complaint with The Artist Tree is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
PART 16 – ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting our website, sending us emails, and completing online forms constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on our website satisfy any legal requirement that such communication be in writing. You agree to the use of electronic signatures, contracts, orders, and other records, and to electronic receipt of notices, policies, and records of transactions. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Part 17 – CONTACT INFORMATION
Any feedback, questions, or comments about the Terms of Service should be sent to The Artist Tree at [email protected]. All notice required under the Terms of Service shall be made in writing by mail to:
The Artist Tree
11330 Ventura Blvd.
Studio City, CA 91604