Terms of Use

Last updated: June 19, 2020

Welcome Jardín Premium Cannabis Dispensary!

These terms and conditions of use (“Terms of Use”) cover your use of and access to the website located at https://jardinlasvegas.com/ (“Site”), which is owned and operated by Jardín Premium Cannabis Dispensary and its affiliates (collectively, “Jardín”, “we”, “us”, or “our”). This Site provides an e-commerce platform and information related to Jardín’s products and services and other general topics regarding the cannabis industry.  

Please read these Terms of Use carefully and in their entirety, as these Terms of Use include important information about your legal rights, remedies, and obligations. Feel free to contact us if you have any questions about these Terms of Use. 

By using or accessing this Site, you are agreeing to these Terms of Use and our Privacy Policy. References to “you”, “your”, and similar terms are construed accordingly in these Terms of Use to mean users and visitors of this Site. Certain aspects of this Site or other Jardín services may be subject to additional guidelines, terms, or rules, which will be posted on this Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms of Use. If you do not agree to these Terms of Use, you should not use or access this Site.

THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH IN SECTION 16 ENTITLED "GOVERNING LAW AND ARBITRATION" BELOW, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST JARDÍN ON AN INDIVIDUAL BASIS, MEANING YOU CANNOT BRING CLAIMS AGAINST JARDÍN IN COURT, AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION WAIVER IN ARBITRATION. PLEASE READ IT CAREFULLY AS IT IMPACTS YOUR LEGAL RIGHTS.

 

Availability

Jardín operates and offers its products and services from facilities in the United States. Jardín makes no representations that this Site or Content (as defined below) is appropriate or available for use in locations outside the United States. Access to and use of this Site and/or its services is limited exclusively to users located in states within the United States where the Jardín products and services are available. Those who access this Site from jurisdictions where we do not offer any products or services, do so at their own risk. 

You represent that you are not a person barred from enrolling for and/or receiving our products and services under the laws of the United States or other applicable jurisdictions in which you may be located.

 

Our Content and Intellectual Property Rights

This Site may contain text, images, software (including images or files incorporated in or generated by the software or data accompanying such software), photographs, video, graphics, audio, features, data, designs, computer programs, source and object code, documentation, illustrations, animations, databases, logos, domain names, trade names, trade identities, and other such similar content (collectively, “Content”). Unless otherwise expressly identified, Content is owned by us or by our third-party licensors. Content may be protected by United States and international copyright, trademark, and other laws. You may browse this Site and download Content solely for your personal use, provided you keep intact all copyright and other proprietary notices. Except as expressly permitted, you may not modify, copy, reproduce, republish, upload, post, transmit, hyperlink to or from, or distribute in any way Content from this Site, including code and software underlying this Site, nor may you sell, transfer, or otherwise use this Site or Content in commerce or for any public or commercial endeavor without our prior and express written consent. We may in our sole discretion make changes to Content at any time without notice.

 

Regulatory Notices

United States (Federal)

Marihuana remains a Schedule I drug. The cultivation, processing, sale, and possession of marihuana and products containing marihuana, the manufacture, sale, and possession of marihuana paraphernalia, and advertising the sale of marihuana, marihuana products, and cannabis paraphernalia are illegal under the federal laws of the United States and certain state laws. You are responsible for complying with the applicable laws regarding marihuana in your jurisdiction. All Jardín marihuana products are intended for personal use only in the jurisdiction in which they are sold. Products sold by Jardín are not intended for resale or interstate transport.

Nevada Residents 

Products containing marijuana can impair concentration, coordination and judgment. Do not operate a vehicle or machinery under the influence of this drug. Cannabis products may be unlawful outside of the State of Nevada. Warning: Cannabis products may have intoxicating effects and may be habit forming. Smoking is hazardous to your health. There may be health risks associated with consumption of cannabis products. Cannabis products should not be used by women who are pregnant or breast feeding. Cannabis products are for use only by the person named on the label of the dispensed product. Keep out of the reach of children. Marijuana can impair concentration, coordination and judgment. Do not operate a vehicle or machinery under the influence of this drug. CONCENTRATED CANNABIS PRODUCTS: Caution: When eaten or swallowed, the intoxicating effects of this drug may be delayed by 2 or more hours.

Except for medical marijuana patients, possession of over 1 ounce of usable marijuana, one-eighth ounce of concentrated marijuana, an edible marijuana product containing more than 3,500 milligrams of THC or a combination of the three which exceeds the legal limit is prohibited. Transportation of marijuana or marijuana products across state lines is prohibited.

 

Consult with Professionals 

This Site and the materials on this Site, including Content are provided for informational purposes only and we make no claims with respect to the use or consumption of any of our products. Do not act upon this information without seeking guidance from an attorney, medical professional, or other applicable, qualified professional. Any information on this Site is not intended to provide medical nor legal advice. Information on this Site is not intended to assess, diagnosis, nor specifically treat any medical condition(s) or concerns. Information provided on this Site is also not intended to provide legal advice in relation to the cannabis industry nor any other industry.

Do not operate vehicles or dangerous equipment 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 your primary care physician or other qualified health care professional prior to using cannabis. These statements have not been evaluated by the Food and Drug Administration. None of the products made available by Jardín are intended to diagnose, treat, cure, or prevent any disease.

 

Accuracy of Information and Prices

We attempt to ensure that information provided through this Site, including Content, is complete, accurate and, current. Except as prohibited by applicable law, we make no representation as to the completeness, accuracy, or currency of any information provided through this Site, including without limitation, Content. Jardín shall not be responsible for any errors or omissions on this Site. We reserve the right to amend errors or to update product information at any time without prior notice. Additionally, we may at our sole discretion withdraw, suspend, or discontinue any functionality or feature of this Site, among other things. 

This Site may provide you with pricing for products that we carry in our dispensary. The prices displayed for products available for purchase via this Site may only represent the applicable retail prices, and may not consist of other applicable charges (e.g., taxes and delivery fees). Before you complete an order, all such applicable charges will be provided to you. The pricing shown to you through use of this Site may only be good for purchases made through this Site and may differ from in-store pricing. Additionally, products shown on this Site may appear differently than at our dispensary. Not all products shown on this Site are available in our dispensaries/retail establishments, as some products can only be found online. 

Please note that the current price for and availability of a product may differ from the price displayed when the product was first placed in your shopping cart. Prices and availability are current at the time of publication and are subject to change without notice. All pricing is in United States dollars.

 

Discounts  

This Site may display, include, or make available discounts and other special or promotional offers. These discounts or offers on this Site may be subject to additional terms, conditions, or restrictions under applicable law, regardless of whether such additional terms, conditions or restrictions are expressly included on this Site. Note that an updated grand total, that includes any discounts or offers, may not be reflected on this Site and may be given prior to delivery or upon arrival at our dispensary. 

 

Pick-up Orders and Deliveries 

This Site permits you to order products for pick-up or delivery through a platform powered by Courier Plus Inc. (d/b/a “dutchie”). Additionally, you must create an account with dutchie in order to access and use certain features of its services. Your use of and account on dutchie’s platform is subject to dutchie’s terms and conditions, and you agree to comply with such terms when using the platform. You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account or use of dutchie’s services. 

When ordering products through this Site, you must provide accurate and complete information as requested in order for us to process your transaction. It is your responsibility to promptly provide us with any contact or billing information changes or updates, as applicable. When an order for delivery is placed, it will be delivered to an address designated by you so long as that delivery address is compliant with any applicable delivery restrictions set forth by us or applicable law. All orders are subject to acceptance by us, and we will confirm such acceptance by a phone call. For more information on our deliveries, please review our delivery FAQ.

Prior to pick-up or delivery, we reserve the right, without prior notice, to cancel or limit the order quantity on any product or service and/or to refuse service to anyone. We may limit or prohibit orders that, in our sole judgment and discretion, are placed by dealers, resellers, or distributors, appear to be in violation of these Terms of Use or applicable law, or are processed as a result of any fraudulent or misleading activity. In the event we alter or cancel an order, we will attempt to notify you via the contact information provided at the time you placed your order. Also, we may require verification of information prior to the acceptance and/or delivery of any order.

All sales are final, non-cancelable, and non-refundable except as expressly set forth in these Terms of Use or as otherwise determined by us in our sole discretion. You are responsible for paying any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase of any products or services, which we reserve the right to collect at any time after your purchase, to the extent applicable.

 

Exchanges and Refunds 

Returns will only be accepted if the product is unopened and returns must be completed at the dispensary. A Jardín employee will determine if the return is accepted. 

 

User Conduct and Responsibilities

You are required to comply with all applicable federal, state, and local laws in connection with your use of this Site. As a condition of your use of this Site, you agree that you will not use this Site for any purpose that is unlawful or prohibited by these Terms of Use. You agree that you will only provide information in connection with any and all other uses of this Site that is true and accurate, identifies only you, and is not false, misleading, or otherwise an impersonation of any person or entity. 

Additionally, you agree not to, without limitation: 

You represent, warrant, and agree that you will comply with the above acceptable use requirements. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation. 

 

Your Submissions 

 You may choose to submit questions, feedback, comments, suggestions, and other information through this Site or via email which may include text, photos, audio, code, forms and agreements, files, videos, images, and other materials (“Submissions”). By providing us Submissions you give Jardín, its sub-licensees, and successors and assigns a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works from any Submissions provided through this Site. You acknowledge and agree that this license includes a right for Jardín to make such Submissions available to other companies, organizations, or individuals with whom Jardín has relationships, and to use such Submissions in connection with any inquiries or comments. 

 

Privacy 

We take your privacy very seriously. Please read our Privacy Policy for information on how your personal information provided in connection with your use of this Site will be handled. By accepting these Terms of Use you are also accepting the terms of our Privacy Policy, which are incorporated herein by reference for all applicable purposes.

 

Electronic and Telephonic Communications 

When you use this Site, or send e-mails, messages (e.g., via our Intercom Messenger), and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us including via e-mail, text messages, phone calls, social media, and push notifications at the email address or telephone number (including mobile number) you provided. You agree that all agreements and consents can be signed electronically and all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.

We may send and receive text messages through cellular telephone operators or other networks, and the level of reliability may vary. We are not responsible for the timeliness or final delivery of text messages, as that is outside our control and is the responsibility of the cellular telephone operator or other networks. Your carrier may charge standard messaging, data, and other fees, and you are responsible for those charges. Notwithstanding the foregoing, we will use your mobile number in accordance with our Privacy Policy. Please read our Privacy Policy to learn more about our communications practices. 

IF YOU WISH TO OPT OUT OF MARKETING EMAILS FROM US, YOU CAN UNSUBSCRIBE BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE MARKETING EMAIL ITSELF. IF YOU WISH TO OPT OUT OF TEXT MESSAGES FROM US, YOU CAN DO SO BY TEXTING THE APPLICABLE KEYWORD PROVIDED IN THE TEXT MESSAGE(S), FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. You understand and agree that you may continue to receive communications from us while we process your opt-out requests, and you may also receive a communication confirming the receipt of your opt-out requests.

 

Third Party Sites

This Site may contain links, references, and other forms of connectivity to websites, platforms, and applications maintained and controlled by third parties (“Third Party Sites”). Inclusion of any link to Third Party Sites does not imply an endorsement or recommendation of any material, substance, information, practice, or the owner or proprietor of such Third Party Sites by Jardín. Jardín makes no representations or warranties of any kind as to the accuracy, currency, or completeness of any content or information contained in Third Party Sites and shall have no liability for any damages or injuries of any kind arising from such content or information contained in Third Party Sites. If you decide to access any Third Party Sites linked to by this Site, you do so entirely at your own risk. You should refer to the terms and policies of any Third Party Sites you use to determine your rights and responsibilities. 

 

Indemnification

You agree to defend, indemnify, reimburse, and hold harmless Jardín and its parents, subsidiaries, shareholders, and affiliated entities, its third party contractors, and its and their respective members, managers, officers, directors, representatives, employees, agents, successors, designees, licensees, sublicensees, and assigns from and against any and all liability, loss, damages, judgments, costs, and expenses (including reasonable attorneys’ fees, costs and expenses, and court costs) arising out of or related to: (i) your use of this Site and Content; (ii) your violation, breach, or alleged breach of these Terms of Use or our Privacy Policy; and (iii) your violation or alleged or threatened violation of any laws, rules, or regulations, or any rights of a third party, including, without limitation, any trademark, copyright, patent, trade secret, defamation, right of privacy or publicity, or moral rights of any third party, arising from your Submissions. 

 

Warranties Disclaimer, Limitation of Liability, and Assumption of Risk

THIS SITE, INCLUDING ALL SOFTWARE, FUNCTIONS, MATERIALS, CONTENT, AND INFORMATION, IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. JARDÍN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, MERCHANTABILITY OF COMPUTER PROGRAMS, DATA ACCURACY, SYSTEM INTEGRATION, AND INFORMATIONAL CONTENT. JARDÍN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THIS SITE, THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE CONTENT ON THIS SITE OR ANY OTHER WEBSITES LINKED TO THIS SITE. CONTENT AND ANY OTHER MATERIALS OF THIS SITE MAY BE OUT OF DATE, AND JARDÍN MAKES NO COMMITMENT TO UPDATE CONTENT ON THIS SITE. JARDÍN DOES NOT AND CANNOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THIS SITE, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. JARDÍN DOES NOT WARRANT THAT THIS SITE OR ANY ASSOCIATED SOFTWARE, MATERIALS, CONTENT, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THIS SITE OR ANY ASSOCIATED SOFTWARE, MATERIALS, CONTENT, OR SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JARDÍN OR THROUGH OR FROM THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. 

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL JARDÍN BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE USE, INABILITY TO USE, OR RESULTING FROM THE USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, CONTENT, SOFTWARE, OR OTHER INFORMATION CONTAINED IN ANY OR ALL SUCH WEBSITES, INCLUDING WITHOUT LIMITATION, ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH, OR FROM THIS SITE, WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF CONTENT OR OTHER INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THIS SITE, OUR CONTENT, OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.

You assume the risk of any and all damage or loss incurred as a result of your consumption of marijuana or cannabis products obtained through this Site.

 

Governing Law and Arbitration

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Nevada excluding its conflict of law rules.

Any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules by a sole arbitrator. The parties hereto shall endeavor to agree upon the arbitrator, and if they fail to do so within twenty-one (21) days of the commencement of the arbitration, the appointment shall be made by the AAA in accordance with the Commercial Arbitration Rules. The place, or legal seat of arbitration, shall be New York, and the language of the arbitration shall be English.

You may only bring claims in your individual capacity on your own behalf, and not in any representative capacity or on behalf of any class or purported class, and no arbitration you commence hereunder may be joined with or include any claims by any other persons. Each party shall bear its own arbitration filing fees.

The arbitrator shall issue a reasoned award and shall have the power to grant any interim or provisional measures that the arbitrator deems appropriate, including, but not limited to, injunctive relief and specific performance, and any interim or provisional measures ordered by the arbitrator may be specifically enforced by any court of competent jurisdiction as a final award. Nothing herein, however, shall authorize the arbitrator to act as amiable compositeurs or to proceed ex aequo et bono. Each party hereto retains the right to seek interim measures from a judicial authority, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The arbitrator shall award the prevailing party, if any as determined by the arbitrator, its reasonable costs, including reasonable attorney’s fees. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction. No information concerning an arbitration, beyond the names of the parties, their counsel or the relief requested, may be unilaterally disclosed to a third party by any party unless required by law. Any documentary or other evidence given by any party or witness in any arbitration shall be treated as confidential by any party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any third party (other than a witness or expert), except as may be required by law. Any party who commences any judicial proceeding in connection with an arbitration initiated hereunder shall endeavor to have the judicial record of any such proceeding sealed to the extent permitted by law.

 

No Third Party Rights and Assignment

Unless expressly stated in these Terms of Use to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, Jardín, and our successors and assigns. Nothing in these Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you and Jardín and our successors and assigns, nor shall any provision give any third parties any right of subrogation or action over against you, Jardín, and our successors and assigns.

You may not assign your rights or delegate your obligations under these Terms of Use without the prior written consent of Jardín. We shall have the right to assign these Terms of Use in whole or in part to any person or business entity.

 

Force Majeure

We will not be deemed to be in breach of these terms or liable for any breach of these Terms of Use or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, pandemics/epidemics, or other disaster.

 

Changes 

Jardín reserves the right to modify these Terms of Use from time to time in its sole discretion, effective upon posting. In the event of such changes, we will post the changes on this Site and/or notify you via email. Any use of this Site after such changes shall be deemed an acceptance of those changes. You should periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound.

 

Miscellaneous 

These Terms of Use, together with our Privacy Policy, set forth the entire understanding and agreement of you and Jardín as to the subject matter hereof and supersede all prior proposals, discussions, or agreements (oral and written) with respect to such subject matter. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to antecedent, subsequent, or similar breaches.

Your use of this Site is independent of Jardín and not as an employee, agent, partner, or joint-venturer with Jardín for any purpose. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

 

Contact

Address: 2900 E. Desert Inn Road, Las Vegas, NV 89121
Phone: (702) 331-6511
Email: info@JardinCannabis.com

 


Copyright ©2020 Jardín Premium Cannabis Dispensary All rights reserved.