99 HIGH TIDE TERMS OF SERVICE
Last Changes to Website Terms of Service: September 4, 2020
Please read these terms and conditions of service (“Terms of Service”) carefully before accessing or using this website. These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and 99 High Tide, Inc. (“Company” or “99 High Tide” or “we” or “us” or “our”), governing your access to and use of the (https://malibu99hightide.com/) website as well as any other media form, media channel, mobile application or mobile website related or connected thereto (collectively, the “Site”), and any products (“Products”) or services supplied by or on behalf of us through the Site (collectively, “Services”). Supplemental terms and conditions or documents that may be posted on the Site from time to time, and any new features or tools that are added to the Site shall also be subject to and are hereby expressly incorporated into these Terms of Service by reference.
By accessing, browsing, or otherwise using the site, you agree to be bound and to abide by the terms and conditions set forth below. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. If you do not agree to be bound by all of the terms and conditions contained herein, you may not access or use the Site or the Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, modify, or replace any part of these Terms of Service in our sole discretion by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. By accessing this Site or using our Services following any such change, you agree to adhere to and be bound by the Terms of Service as modified.
Information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Persons who choose to access the Site from such locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
USERS WITH QUESTIONS REGARDING THE LEGALITY OF CANNABIS AGREE THEY HAVE CONTACTED INDEPENDENT LEGAL COUNSEL OF THEIR CHOOSING OR HAVE KNOWINGLY CHOSEN TO WAIVE THAT RIGHT BEFORE USING THIS SITE OR SERVICES.
SECTION 2 – SAFETY ACKNOWLEDGMENT
On our Site, we provide information about Products. Our Site may collect information about a user’s experiences and preferences related to the consumption of cannabis or cannabis products. You acknowledge that, as it pertains to cannabis, Our products are only for residents of California. Cannabis is a Schedule I controlled substance under the Controlled Substances Act, and, therefore, the possession, cultivation and distribution thereof, or conspiring with or assisting others to do the same, is federally illegal and can result in significant criminal and civil penalties. You further acknowledge that medical use is not recognized as a valid defense under federal laws regulating cannabis, and that the interstate transportation of cannabis is a federal offense. ENGAGING IN ACTIVITIES OR BUSINESS RELATED TO CANNABIS IS AT YOUR OWN RISK.
By using this Site, you acknowledge the information contained in these Terms of Service, the information provided on this Site, within any of Company’s social media pages or channels, and all of the documentation and literature included with any product identified on the Site, was developed for informational and educational purposes only. In no way is any of the information contained in these Terms of Service or elsewhere on the Site intended to be a medical or prescriptive guide or a substitute for informed medical advice or care, nor is it intended to cover all possible uses, directions, precautions, or adverse effects. These Products and any statements made regarding these Products have not been evaluated or approved by the U.S. Food and Drug Administration (FDA) for any indication, including safety and efficacy. You should never delay seeking or disregard advice from a medical professional based on something you have read on the Site. Do not operate vehicles or machinery while under the influence of cannabis. If you are pregnant or may be pregnant, breastfeeding, suffering from a known health condition, or taking any prescription medications, you should consult a physician or other health care professional prior to using cannabis. You and any other user of any product on the Site are solely responsible for the use of such product and the consequences of such use. Any illegal use or resale of any products listed on the Site could subject you to fines, penalties and/or imprisonment under state and federal law.
SECTION 3 – REGISTRATION AND USER INFORMATION
As stated above, in creating a Member Account, you will be asked to provide a username and password. You are solely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You are also solely responsible for any and all activities that occur under your registration or your User Information. You agree to notify us immediately of any unauthorized use of your account, username, or password.
You agree that you will not create more than one account. By registering and obtaining an account you affirm you will follow the Terms of Service. Your registration constitutes your consent to enter into agreements with us electronically.
We shall not be liable for any loss that you incur as a result of someone else using your account, username, or password, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives 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 to you, at any time and for any or no reason.
SECTION 5 – DELIVERY AND PICK-UP ORDERS, PAYMENT AND REFUND POLICY
99 High Tide may provide users with the ability to transmit orders for cannabis-related products and arrange for delivery or pick-up of such products. You agree that any order you place through the Site (each, an “Order”) is an offer to buy, under these Terms of Service, all Products and Services listed in your Order. We must accept all Orders before we are obligated to sell the Products or Services to you. Acceptance of your Order and the formation of the contract of sale between us and you will not take place unless and until you have received your Order confirmation email. We may choose not to accept any Order, or cancel any Order, in our sole discretion. If we make a change to or cancel an Order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. You agree to pay for all Orders you place through the Site. By purchasing a Product using the Site, you agree to be bound by these Terms.
In the event you dispute the amount or validity of any payments made to Company, you must notify us within ten (10) days of payment, of any such dispute by mail or email at the address or email address listed below. You expressly agree that your failure to notify Company of any dispute within ten (10) days of payment will constitute your express waiver of any claims related to the disputed payment. You agree that you will pay all costs and expenses of collection, including attorneys’ fees, incurred by Company in the event of failure to make payment.
All prices posted on this Site are subject to change without notice. The price charged for a Product or Service will be the price in effect at the time the Order is placed and will be set out in your Order confirmation email. Price increases will only apply to Orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your Order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any Orders arising from such errors.
All sales are final, non-cancelable, and non-refundable except as expressly set forth in these Terms of Service.
We reserve the right to limit the quantities of any Products or Services that we offer. We reserve the right to discontinue any Product at any time. Any offer for any Product or Service made on this Site is void where prohibited. We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – CONTENT
All content included on this Site, including without limitation, text, images, photographs, graphics, logos, button icons, trademarks, software, source code, databases, functionality, mobile applications, website designs, audio, and video (“Content”) is owned by or licensed by 99 High Tide and subject to copyright and other intellectual property rights under applicable laws. All graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of ours, and is the exclusive property of 99 High Tide. No right, title, or interest in any materials or software is transferred to you as a result of use of this Site. You may neither actually nor attempt (nor otherwise authorize, encourage, or support others) to circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Site or its operations.
Content on the Site is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, duplicated, distributed, transmitted, broadcast, displayed, sold, resold, licensed, or otherwise exploited for any commercial purpose that is not expressly permitted and authorized with the prior written consent of the respective owners. Provided that you are eligible to use the Site, you are granted a limited, nonexclusive, revocable license to access and make personal, non-commercial use of the Site and the Content in accordance with these Terms of Service. We reserve all rights not expressly granted to you in and to the Site and Content.
We are not responsible if Content is not accurate, complete, or current. The Content is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on Content is at your own risk. We reserve the right to modify the Content at any time, but we have no obligation to update any information on our Site.
SECTION 7 – THIRD-PARTY LINKS
Certain Content, Products, and Services available via our Site may include materials from third parties. Third-party links on this Site 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 for any third-party materials or websites. We do not warrant and are not liable or responsible for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 8 – USER CONTENT, COMMENTS AND FEEDBACK
You agree that information provided to us by our visitors may be inaccurate or can change with little or no notice. 99 High Tide is not responsible for inaccurate information provided by visitors to the 99 High Tide Site. We take no responsibility and assume no liability for any User Content posted by you or any third party.
You agree that we may publish or otherwise disclose your name in connection with your User Content in our sole and absolute discretion. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content and are authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. You agree that User Content submitted by you to the Site will not violate any right of any third party, including copyright, trademark, privacy or other personal proprietary right(s). You further agree that no User Content submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site, Services, or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any User Content. You are and shall remain solely responsible any User Content you make.
We may, but have no obligation to, monitor, edit or remove User Content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or in violation of any party’s intellectual property or these Terms of Service.
SECTION 9 – PUSH NOTIFICATIONS, TEXT MESSAGES, AND EMAILS
If you create a Member Account and provide us with your cell phone number, you agree and consent to receive certain text messages from us regarding the Site, Products and Services. These text messages may relate to the Site’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” to any text message sent by us. After requesting to opt out, you may receive text messages from us for just a brief time while your request is processed.
Company text messages may be generated by automatic telephone dialing systems and you hereby waive your right to pursue any claims (including any claim that arises while your request to opt out is pending) under the Telephone Consumer Protection Act (“TCPA”). To the extent any claim under the TCPA cannot be waived, by using the Site or Services, you are agreeing that any claim against Company that cannot be waived, but which arises under the TCPA (including any claim that arises while your request to opt out is pending), will be arbitrated on an individual, and not on a class or representative, basis, 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 Site and Services, as well information related to third parties. You will have the option to opt out of such emails by following instructions to unsubscribe, which will be included in each email.
SECTION 10 – MODIFICATIONS
We reserve the right at any time to modify or discontinue the Site, the Service (or any part or Content thereof) and Products without notice at any time. We shall not be liable to you or to any third party for any modification, change, suspension or discontinuance of the Site, Service or Products.
SECTION 11 – PERSONAL INFORMATION
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, Product delivery charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Orders if any information in the Site or Service or on any related website is inaccurate at any time without prior notice (including after you have submitted an Order).
We undertake no obligation to update, amend or clarify information on the Site or related to the provision of any Product, Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or Service or on any related website, should be taken to indicate that all information in the Site or Service or on any related website has been modified or updated.
SECTION 13 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site, Service, or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Sie, Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of our Site, Services, or any related website for engaging in any of the prohibited uses.
SECTION 14 – DISCLAIMERS AND LIMITATION OF LIABILITY
YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW. COMPANY, ITS AFFILIATES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site or any hyperlinked website or featured in any banner or other advertising, and company will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Notwithstanding anything to the contrary contained herein, Company and its affiliates’ liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the greater of (a) the amount paid, if any, by you to COMPANY for the services during the period of one (1) month prior to any cause of action arising, and (b) five dollars ($5).
SECTION 15 – INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COMPANY, ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, INTERNS, AGENTS, DISTRIBUTORS, AND VENDORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES ARISING FROM OR RELATING TO YOUR USE OF THE SITE, YOUR BREACH OF ANY OF THESE TERMS OF SERVICE OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY. Notwithstanding the foregoing, company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify company, and you agree to cooperate, at your expense, with company’s defense of such claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
SECTION 16 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of California, exclusive of conflict or choice of law rules. Nothing in these Terms of Service will prevent Company from seeking injunctive or other equitable relief, payment of amounts due, or enforcement of an award before any court having jurisdiction over any person or otherwise over such subject matter.
Each of 99 High Tide and you agrees to submit to the nonexclusive personal jurisdiction of the courts located within Malibu, California, and waives any objection to the laying of venue of any litigation in said courts.
SECTION 17 – ARBITRATION
In the event of any dispute with Company, you agree to first contact Company to attempt in good faith to resolve the dispute. All offers, promises, conduct and statements, whether oral or written, made in the course of negotiation to resolve the dispute by any of the parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, 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 (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or in any way relating to these Terms of Service, the Site, Services or Products, including the determination of the scope or applicability of this agreement to arbitrate, or the alleged breach thereof, by binding arbitration, rather than in court, in Malibu, California, before one arbitrator jointly selected by the parties; provided that, 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 Malibu 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.
SECTION 18 – 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 Site, Products or Services signifies your explicit consent to this waiver.
SECTION 19 – 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 in any applicable jurisdiction, 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.
SECTION 20 – ACKNOWLEDGMENT; OTHER TERMS
These Terms of Service and any policies or operating rules posted by us on this Site or in respect to any Products and Services constitute the entire agreement and understanding between you and us and govern your use of the Site, Products and any Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 22 – ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, using the Services, sending us emails, and completing online forms constitute 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 the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. 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.
SECTION 23 – ACCESSIBILITY
We recognize the need to develop electronic and information technology (“E&IT”) products and services that are accessible and usable by all people, including those with disabilities and special needs. We provide technical and customer support to accommodate the needs of users with disabilities and address issues related to the accessibility of 99 High Tide’s Site and Services.
These services include:
- Customer Technical Support to answer general and/or technical questions
For our dedicated helpline, please call 1.310.399.5311
- Product Documentation
Users may download free documentation, reference materials, and user guides at (https://malibu99hightide.com/ada/). In addition, users may request product documentation and reference materials in alternate formats.
SECTION 24 – CALIFORNIA USERS AND RESIDENTS
If any complaint with us 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.
SECTION 25 – MISCELLANEOUS
The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. These Terms of Service operate to the fullest extent permissible by law. These Terms of Service and your account may not be assigned by you without our express written consent. Company may assign any or all of its rights and obligations to others at any time. Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Company’s reasonable control. There is no joint venture, partnership, employment or agency relationship created between you and Company as a result of these Terms of Service or use of the Site or Services. Upon Company’s request, you agree to furnish Company any documentation, substantiation or releases necessary to verify your compliance with these Terms of Service. You agree that these Terms of Service will not be construed against Company by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
This Site is operated by 99 HighTide. All notice required or permitted under these Terms of Service shall be made in writing by mail to:
22775 Pacific Coast Hwy
Malibu, CA, 90265
SECTION 26 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to [email protected]