Your Terms and Conditions section is like a contract between you and your customers. You make information and services available to your customers, and your customers must follow your rules.
Common items in a terms and conditions agreement allow you to:
ACCOUNTS, REGISTRATION & ORDERS
1. To access most features of our Service, you must register for an account. When you register for an account, you will be required to provide us with some information about yourself, such as your name, email address, address and phone number.
2. You agree in advance that your are 21 or older and that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at email@example.com.
2. To complete account activation you will be required to verify your email, phone number and/or both.
IN SHORT, ALL OF THE ABOVE MEANS - You will need to register for an account and provide VALID personal information in order to order Product and use our service. ANY ACCOUNT USING A FICTITIOUS NAME, EMAIL, PHONE NUMBER OR ADDRESS WILL BE DELETED AND BANNED.
ORDERS, PAYMENT AND REFUNDS
1. All orders must be paid in advance of order fulfillment.
2. All orders must be paid at time of placement. Any unpaid orders will be deleted at 11:59p.m. each day.
3. ALL SALES ARE FINAL.
All taxes are included in the price displayed. You pay what you see.
1. Receipt of Products - Our delivery drivers will only deliver Products to the User that scheduled the delivery or an individual identified by the User as the authorized recipient when placing the order on the Service, subject to any legal requirements preventing a User from designating an authorized recipient (including age requirements).
2. Order Changes - Order changes may only be made prior to shipment. Changes can be made by reaching out to firstname.lastname@example.org or via the Contact Form. If the order is already being packaged, has already been forwarded to a delivery driver or has already been fulfilled, no changes will be accepted.
3. Delivery Cancellation by User - User may cancel one (1) delivery per calendar year prior to delivery without any charges or fees. For any future cancellation, the User may be subject to a $25 cancellation and restocking fee, or banned from use of our service.
4. Changes to Delivery Date - Note that we may change the delivery times by any delivery driver at any time, if necessary. We will provide you with notice of the rescheduled delivery. Additionally, though we do our best to get your order to you as quickly as possible, we cannot control delivery speeds of any shipped orders with USPS or OnTrac.
The Services, Products and information provided on this website are not intended nor recommended as a substitute for professional medical advice. The information and Products provided through the Services are not provided for medical or educational purposes, but for recreational purposes (unless provided pursuant to a physician’s prescription). Members with a subscription for the Products or Users of the Services who intend to use Products for medical purposes should always seek the advice of your physician or other qualified health provider regarding any medical condition or treatment. Nothing contained on this website is intended to be used for medical diagnosis or treatment.
You must be at least 21 years old use our Service. By agreeing to these Terms, you represent and warrant to us that: (i) you are at least 21 years old (ii) you are a legal resident of the state in which you receive the delivery and a legal resident of the United States; you have not previously been suspended or removed from the Service; and (iii) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. A User must be a natural person to use the Services. Corporations, associations, partnerships, trust or any other legal entity different from a natural person may not use this Service.
THIRD PARTY TERMS
1. Carrier Service. Your access to use the Service may be subject to separate third party terms of service and fees, including your mobile network operator’s terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility.
2. Third Party Services and Linked Websites. We may provide tools through the Service that enable you to export information, including User Content, to third party services. By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third party services are not under our control, and we are not responsible for any third party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content.
3. Open Source Software. The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute such components (“Open Source Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining such Open Source Components under the applicable third-party licenses or to limit your use of such Open Source Components thereunder.
Export Control. You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that the Products, Services or any related technical data or any direct product derived from the Products, Services or related technical data is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Services, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
2. Government Warning. THE PRODUCTS AVAILABLE TO ORDER FROM RETAILERS THROUGH THE SERVICES CONTAIN CANNABIS, A SCHEDULE I CONTROLLED SUBSTANCE. KEEP OUT OF REACH OF CHILDREN AND ANIMALS. CANNABIS PRODUCTS MAY ONLY BE POSSESSED OR CONSUMED BY PERSONS 21 YEARS OF AGE OR OLDER UNLESS THE PERSON IS A QUALIFIED PATIENT. THE INTOXICATING EFFECTS OF CANNABIS PRODUCTS MAY BE DELAYED UP TO TWO HOURS. CANNABIS USE WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL. CONSUMPTION OF CANNABIS PRODUCTS IMPAIRS YOUR ABILITY TO DRIVE AND OPERATE MACHINERY. PLEASE USE EXTREME CAUTION. Although these products have been third-party tested, they have not been tested under the Medicinal and Adult Use Cannabis Regulation and Safety Act. These statements have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure, or prevent any disease.
3. California Proposition 65. Because California is special and requires it's own notifications, please note that we are required to inform you that the Products provided through the Services can expose you to chemicals including cannabis smoke, which is known to the state of California to cause cancer. For more information, go to www. P65Warnings.ca.gov.
4. Compliance. While using the Services and Products, you acknowledge and agree that you shall comply with all applicable local, state and federal laws and regulations. If utilizing this service outside of an area where clearly regulated, you acknowledge and verify IN ADVANCE that you are doing so via the S.204 Right to Try Act, that you understand the S.204 Right to Try Act and have met the S.204 Right to Try Act qualifications. We can not and do NOT verify your S.204 Right to Try status, and by using our service you accept full responsibility for this action in all circumstances. To learn more about the S.204 Right to Try Act you may visit: http://righttotry.org/
BY USING THE SERVICE YOU AGREE NOT TO:
A. use the Service for any illegal purpose or in violation of any local, state, national, or international law;
B. transfer or sell the Products provided through the Services to any third party;
C. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
D. post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
E. interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
F. interfere with the operation of the Service or any User’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another User of the Service; (c) collecting personal information about another User or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
G. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
H. sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials; or
I. attempt to do any of the acts described in this Section or assist or permit any person in engaging in any of the acts described in this Section.
MODIFICATION OF TERMS
We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you will be required to accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this section, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
TERM, TERMINATION AND MODIFICATION OF SERVICE
1. Term. These Terms are effective beginning when you accept the Terms or download, install, access or use the Service, and ending when terminated as set for in the section above.
2. Termination. If you violate any provision of these Terms, your account and these Terms automatically terminate. In addition, Hot ZaZa! may, at its sole discretion, terminate these Terms, your account on the Service or suspend or terminate your access to the Service at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at email@example.com.
3. Effect of Termination. Upon termination of these Terms: (i) your license rights will terminate and you must immediately cease all use of the Service; (ii) you will no longer have access to your account; (iii) you must remit to Hot ZaZa! any unpaid amounts due prior to termination; and (iv) upon termination of these Terms, all payment obligations accrued prior to termination will survive.
4. Modification of the Service. Hot ZaZa! reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service.
You are responsible for your use of the Products and Services, and, to the fullest extent permitted by law, you will defend and indemnify Hot ZaZa! and all officers, directors, employees, consultants, affiliates, subsidiaries, agents, and the retail and delivery partners who offer Products through the Services from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs (“Claims”) brought by any third party, organization or agency arising out of or connected with: (a) your use of, or misuse of, the Service not in compliance with these Terms; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those Claims.
HOT ZAZA! IS NOT RESPONSIBLE OR LIABLE FOR: (I) USERS OR ANY OTHER INDIVIDUAL’S USE OF THE PRODUCTS AND/OR SERVICES; OR (II) THE SELLING OR DELIVERY OF THE PRODUCTS BY ANY RETAIL PARTNER OR DELIVERY SERVICE VIA THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, HOT ZAZA! DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. TO THE FULLEST EXTENT PERMITTED BY LAW, HOT ZAZA! DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF OR THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR HOT ZAZA! ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE HOT ZAZA! ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE OR ILLNESS THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE OR PRODUCTS, AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE(S) USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THE MATERIALS OR CONTENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HOT ZAZA! OR ANY ASSOCIATED ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HOT ZAZA! OR ANY ASSOCIATED ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY TO YOU OF HOT ZAZA! OR ANY ASSOCIATED ENTITIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO HOT ZAZA! (IF ANY) FOR A MEMBERSHIP IN THE 12 MONTHS PRIOR TO THE EVENT(S) OR CIRCUMSTANCES GIVING RISE TO CLAIM; OR (B) $100.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
These Terms, and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and HOT ZAZA! regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
1. Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and HOT ZAZA! submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Sacramento County, California for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in California, United States of America, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
2. Force Majeure. HOT ZAZA! shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, pandemnic or epidemic, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
3. Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
5. Contact Information. The Service is offered by HOT ZAZA!, located in Arcata, California 95521. You may contact us by emailing us at firstname.lastname@example.org.