Terms and Conditions

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 contact@hotzaza.com.

3. 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 FOUND TO BE USING A FICTITIOUS NAME, EMAIL, PHONE NUMBER OR ADDRESS WILL BE DELETED AND BANNED.

ORDERS, PAYMENT, FULFILLMENT  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 auto-deleted by our system at 11:59p.m. each day.

3. ORDER CANCELLATION. We will allow order cancellation PRIOR to payment acceptance without any effect on your account if you contact us the same day you place the order. We will allow order cancellation after payment has been made if you contact us within 12 hours of placing your order AND your order HAS NOT BEEN FILLED. A $10 restock fee will be deducted from your payment refund for paid order cancellation.

4. ORDER FULFILLMENT. Though most times orders are filled the same or next business day, order fulfillment is guaranteed to occur within 2 (two) days of order placement Monday through Friday. **Orders placed AFTER business hours - 9:00am to 7:00pm - are considered to have been placed the NEXT business day** All orders placed AFTER 7:00pm on Friday through Sunday are filled the following Monday.

5. ALL SALES ARE FINAL.  Once your order has been received/delivered, this sale is concluded and we will under no circumstances exchange or replace any product(s). Please note that if your elected method of receipt of your order is a 3rd party delivery carrier (not in person pick-up or a Hot ZaZa authorized delivery driver), we cannot be responsible for the order once is has left our possession and the sale is concluded.

6. Defective Products. In the extremely RARE case that a product received is defective, the customer must notify us THE SAME DAY THE ORDER IS RECEIVED, AND THE CUSTOMER IS REQUIRED TO PROVIDE INDISPUTABLE EVIDENCE OF THE CLAIM. We do NOT produce/manufacture, design/formulate or package any of the products provided, and each brand we carry is a licensed company who is required to function under extremely strict and highly  regulated State guidelines. These guidelines require fully automated transparency in the areas of product weight, strain type, lab results, ingredients, packaging, labeling and much more, and thus the chances of a defective product being provided to us by any brand we carry is very, very low.

7. OUT OF STOCK PRODUCT REPLACEMENT. Our order volume and inventory turn around is exceptionally high. We do our best to update product availability on our menu, however there are times in which we may run out of stock of an item ordered prior to receiving order payment and the order being fulfilled. To maintain efficiency and meet the service expectations of our customers, when this occurs we will (at our discretion) take one of the two following actions in order to expedite fulfillment of all orders:

     a) If you have a valid and current phone number on file: During slower times, Customer Service MAY message you to apprise you that the product is out of stock and request you choose a replacement. When this occurs your order will be put on temporary hold until we have received your response. If we do not received a response from you prior to the close of the business day, a replacement product that is as close as possible to the original product ordered will be chosen for you. In all cases, any replacement products chosen will be of  the same preferred  brand (when possible) and of EQUAL or HIGHER quality and value.

     b) If you DO NOT have a valid and current phone number on file: If we do not have a phone number on file (capable of accepting messages) a replacement product (same brand (when possible) and of EQUAL or HIGHER quality and value) will automatically be chosen on your behalf. As this is a frequent occurrence, we employ a fully  trained, certified and highly skilled  interpener (cannabis sommolier) to make these choices. If our interpener determines we do NOT have a suitable replacement product in immediate stock, we will then credit your account for the full product amount and a code will be issued to you that may be applied at checkout during your next order.

     c)  IF YOU DO NOT WANT ANY PRODUCT REPLACEMENTS CHOSEN FOR YOU, YOU ARE REQUIRED TO ENTER THIS IN THE ORDER NOTES AT CHECKOUT. Otherwise, your agreement to product placement is always assumed.

** IMPORTANT - IF YOU DO NOT WISH US TO CHOOSE ANY REPLACEMENT PRODUCTS FOR YOU, THIS MUST BE EXPRESSLY STATED WITHIN  THE "ORDER NOTES" WHEN THE ORDER IS PLACED. A REPLACEMENT PRODUCT CHOSEN DOES NOT QUALIFY AS A DEFECTIVE PRODUCT AND NO EXCHANGE OR REFUND WILL BE ISSUED. NO EXCEPTIONS. **

TAXES

All taxes are included in the price displayed. You pay what you see with no surprises at checkout.

DELIVERY PROCEDURES

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 -  As previously stated above, order changes may only be made prior to shipment. Changes can be made by  reaching out to contact@hotzaza.com 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 $10 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.

5. NO SIGNATURE REQUIRED - all orders delivered via USPS or OnTrac are sent with the signature waived. If  you wish a signature to be required, please include this in the "order notes" and notify us IMMEDIATELY upon placing the order. A $2.95 fee (from the carrier) will apply.

6. PACKAGE LIABILITY - Though your package is insured and we WILL work with you to resolve any issue that may arise with any carrier, we cannot and do not accept responsibility for the handling of packages during transit, misplacement of the package by the carrier at delivery or theft of any package after delivery occurs. NO EXCEPTIONS.

MEDICAL NOTICE

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. 

ELIGIBILITY

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.

4. All package Carriers have their own Terms of Use of which you will be subject to and are outside of our control.

REGULATORY PROCEDURES

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/ 

PROHIBITED CONDUCT

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  contact@hotzaza.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.

INDEMNITY

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.

DISCLAIMER/NO WARRANTY

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.

LIMITED LIABILITY

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.

GENERAL TERMS

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.

4. Consent to Electronic  Communications. By using the Service, you consent to receiving certain electronic communications from us. Please read our Privacy Policy to learn more about our  electronic communications practices. You agree that any notices,  agreements, disclosures, or other communications that we send to you  electronically will satisfy any legal communication requirements,  including that those communications required to be in writing.

5. Contact Information. The Service  is offered by HOT ZAZA!, located in Arcata, California 95521. You may contact us by emailing us at contact@hotzaza.com.