Effective: July 15, 2020
Thank you for visiting Discount Caregivers dba DC Collective’s (“DC Collective”) website, www.dccollective.com (the “Website”). This Terms of Service Agreement (“Agreement”) describes the terms and conditions that govern your use of the Website.
Acceptance of This Agreement
By using or accessing the Website, you hereby expressly acknowledge and agree to be bound by all of the terms and conditions of this Agreement. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use the Website.
Amendments to This Agreement
DC Collective may, in its sole discretion, modify or update this Agreement, or any policies relating to the Website, from time to time. Please review this page periodically to ensure you are up-to-date with any changes. Any changes to this Agreement or associated policies will be published through the Website and are effective upon the publishing of said modification or update. If we make material changes to this Agreement, we will notify you via the email address associated with your Account or by posting a notice on the Website. Continued use of the Website after any such changes shall constitute your acceptance of such changes.
For the purposes of this Agreement, the terms “cannabis” and “marijuana” are interchangeable, will be deemed under this Agreement to have the same legal meaning and significance, and do not encompass industrial hemp and products derived therefrom. “Industrial hemp” is defined by the Agriculture Improvement Act of 2018 as any part of the Cannabis sativa L. plant that contains less than 0.3 percent delta-9 tetrahydrocannabinol on a dry weight basis.
DISCLAIMERS & ACKNOWLEDGMENTS
Acknowledgment of Federal Law
DC Collective operates under California law. You expressly acknowledge and understand that marijuana (cannabis) is listed on Schedule I of the United States Controlled Substances Act. Under the federal laws of the United States of America, manufacturing, distributing, dispensing or possession of marijuana is illegal, and individuals are subject to arrest and/or prosecution for doing so. Pursuant to the Agricultural Improvement Act of 2018, industrial hemp is not listed on Schedule 1 of the Controlled Substances Act. You further acknowledge that medical use is not recognized as a valid defense under federal laws regarding marijuana. You also acknowledge and understand that the interstate transportation of marijuana is a federal offense.
Acknowledgment of State Law
You expressly acknowledge, agree, and understand that the use, possession, cultivation, manufacturing, transportation, and distribution of cannabis is illegal in your state of residence and in the state you are located unless all participants are acting completely within the scope of the state’s applicable laws.
Acknowledgment of the Laws of Your Location
While the Website may be accessed from various locations, the online ordering function is currently available only to users in certain states, cities, counties, municipalities, and jurisdictions, determined at the sole discretion of DC Collective (“Service Area”). In all scenarios, you must abide by and follow the applicable laws of the state, city, county, municipality, or jurisdiction in which you are located in order to use the Website. You expressly acknowledge, agree, understand, and assume full responsibility for cooperating with the laws of your place of location while using the Website. DC Collective reserves the right to determine or change its Service Area in its sole discretion at any time.
You expressly acknowledge, agree, and understand that any statements relating to cannabis goods, accessories or any other products available on the Website (“Products”) have not been evaluated by the FDA. Neither the Products nor the ingredients in any of the Products have been approved or endorsed by the FDA or any regulatory agency. The Products available on the Website are not intended to diagnose, treat, cure, mitigate, or prevent any medical condition, illness, or disease in humans or animals. The information provided is designed for educational purposes only and is not intended to be a substitute for informed medical advice or care. If you are pregnant, nursing, taking medication, or have a medical condition, we suggest consulting with a physician before using any Products.
USING THE WEBSITE
Your User Account
You agree to maintain accurate, complete, and up-to-date information in your Account and that we and others may rely on your information as accurate, current and complete. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired identification on file, may result in your inability to access or use the Service.
You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by DC Collective in writing, you may only possess one Account.
Your participation in using the Website is for your sole, personal use. You agree that you are the sole authorized user of your Account, and you may not assign or otherwise transfer your Account to any other person or entity. Any attempt by another individual to use your Account may result in your inability to use the Service, and/or suspension from the Website. You are responsible for the use of your Account and Website expressly disclaims any liability arising from the unauthorized use of your Account. If you suspect unauthorized access of your Account or any other breach of security, you agree to notify us immediately.
By registering for an Account, you acknowledge and agree that DC Collective must maintain certain data, including personal identifying information, for business, legal and/or operational purposes, including to prevent account abuse, or as otherwise permitted under applicable law. Any remaining personal identifying information not necessary for this task will be deleted from your Account in a reasonable amount of time following the request.
You must be at least 21 years old to use the Website or be over the age of 18 with a valid medical cannabis recommendation. By using the Website, you expressly represent and warrant that you are at least 21 years old, are legally entitled to enter into this Agreement, and have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You agree that if you are not of Qualifying Age while located in any Service Area, you are prohibited from using, and will not attempt to use, the Service.
By entering into this Agreement or using the Website, you expressly consent and agree to accept and receive communications from DC Collective that you transact with, including via email, text message, and calls to the cellular telephone number you provided to DC Collective regarding your orders and transactions.
Electronic Records & Signatures
You agree that your electronic signature on the Website is the legal equivalent of your manual or paper signature. You consent to receive any communications, records, receipts, notices, agreements, documents, and disclosures provided by DC Collective regarding your Account and the Website electronically (collectively, “Electronic Communications”). We may provide these Electronic Communications to you via the Website, email, text message, or other electronic communications.
In order to access and retain Electronic Communications, you will need at least the following computer hardware and software:
- A device with an Internet connection
- A current web browser with cookies enabled
- A valid email address
- Storage space to save past Electronic Communications on your device or an installed printer to print Electronic Communications
In order for us to send you Electronic Communications, you must ensure your contact information and email address is true, accurate and complete at all times. You acknowledge and agree DC Collective will be deemed to have provided Electronic Communications to you even if your contact information on file is incorrect, out of date, blocked by your service provider, or you are otherwise are unable to receive Electronic Communications. You can update your contact information at any time by logging into your Account and updating your profile settings.
Charges, Billing, & Refunds
You understand and acknowledge that you may incur fees or charges from DC Collective in connection with the goods purchased through the Website (“Charges”). All Charges will be identified in your cart prior to or during checkout, and in your receipt.
DC Collective may change any Charges at its sole discretion and reserves the right to determine final prevailing pricing. Please note that pricing information published on the Website may not accurately reflect pricing. DC Collective may, at its sole discretion, make promotional offers with differing features and/or Charges to any individual or User. Such offers, unless made to you, have no bearing whatsoever on your use of the Website.
You may receive Promotions (defined below) that you can apply toward payment of certain Charges. Promotions are only valid for use on the Website and are not transferable or redeemable for cash except as required by law. Additional restrictions on Promotions may apply as communicated to you in a relevant promotion.
All Charges are due immediately and are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Website, DC Collective’s decision to terminate your usage, any disruption to the Website, or any other reason whatsoever. If you are dissatisfied with any of the Products you receive, please contact [email protected].
DC Collective attempts to be as accurate as possible in Product descriptions or images for Products available through the Website. However, DC Collective is not a brand and does not itself package, test, or label the Products available on the Website. DC Collective does not warrant that Product descriptions, images, or other content available on the Website is accurate, complete, reliable, current, or error-free.
You acknowledge and agree that amounts in Product descriptions on the Website are averages or estimates, and that amounts may vary for individual items, packages, or orders that you receive. amounts on the Website include without limitation the level (by weight, mass, volume, or percentage) of THC, CBD, other cannabinoids, and terpenes in a Product, the total weight, mass, or volume of a Product, the size, number of individual items, or servings, in a Product, and any other unit of measurement related to a Product.
DC Collective may, in its sole discretion, make available certain promotions or offers, which may at times be redeemed by entering promotional codes, that may confer discounts, price reductions, features, and benefits, subject to any additional terms that DC Collective establishes (“Promotions”). Each Promotion is a limited time offer and is valid only for the time specified therein. Unless otherwise specified on the Promotion itself, you may only use one Promotion per Account, per day.
Each Promotion (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, resold or transferred in any manner, made available to the general public (whether posted to a public form or otherwise) or combined with any other offers unless otherwise permitted by DC Collective; (iii) may only apply to qualifying items and may require a minimum dollar order purchase; (iv) may be modified, disabled, or withdrawn by DC Collective at any time for any reason or no reason without liability to DC Collective; (v) is not valid for cash or credit, has no monetary value, and cannot be applied after an order is submitted; (vi) may expire prior to your use; and (vii) is void where prohibited by law. If you violate any of the Promotion terms, the Promotion will be invalid.
Unless otherwise indicated by DC Collective, Promotions do not apply to taxes, fees, or any Charges other than Retail Price. Taxes and fees may apply to the full value of Products subsequently reduced in price by a Promotion.
Mobile Data Fees & Usage
DC Collective is not responsible for any fees or usage charges related to your access of the Website. Your mobile network’s data and messaging rates and fees may apply if you access or use the Website from a device. You are solely responsible for acquiring and updating compatible hardware or devices necessary to access and use the Website and any updates thereto. DC Collective does not guarantee that the Website, or any portion thereof, will function on any particular network, hardware, or devices.
PRIVACY & CONFIDENTIALITY
With respect to your use of the Website, you agree you will not:
- Access the Website using unauthorized means, unauthorized applications, or an unauthorized device; or transmit any content that attempts to gain unauthorized access to DC Collective’s computer systems, networks, servers, software, hardware, telecommunications equipment, or any other internal or external DC Collective infrastructure (the “DC Collective Network”)
- Interfere with, disrupt, diminish the quality or performance of, or impair the functionality of the Website or the DC Collective Network, or transmit any Content designed to do the same
- Surreptitiously intercept or expropriate any system, data, personal information, or any portion of the DC Collective Network or the Website
- Use the Website in any way that infringes DC Collective’s or a third party’s rights, including intellectual property rights, copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy
- Modify, adapt, translate, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Website or the DC Collective Network
- Rent lease, lend, sell, redistribute, license or sublicense the Website or access to any portion of the Website
- Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, crawl, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Website
- “Frame” or “mirror” any part of the Website without DC Collective’s prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose
- Use the Website to design or develop a competitive or substantially similar product or service
- Use the Website to copy or extract any features, functionality, or Content
- Transfer or sell your Account, password, username, or identification to any other party
Disclaimer Of Warranties
DC COLLECTIVE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE WEBSITE. DC COLLECTIVE DOES NOT REPRESENT OR WARRANT THAT: (A) THE USE OF THE WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE DC COLLECTIVE NETWORK OR OTHER ASPECTS OF THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE WEBSITE IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY DC COLLECTIVE. DC COLLECTIVE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE WEBSITE, AND ANY THIRD-PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
BY USING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE INTRODUCED TO A THIRD PARTY THAT MAY POSE HARM OR RISK TO YOU OR OTHER THIRD PARTIES. YOU ARE ADVISED TO TAKE REASONABLE PRECAUTIONS WITH RESPECT TO INTERACTIONS WITH THIRD PARTIES ENCOUNTERED IN CONNECTION WITH THE USE OF THE WEBSITE.
The Website may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. DC Collective does not guarantee the availability or uptime of the Website. You acknowledge and agree that the Website may be unavailable at any time and for any reason (e.g., due to scheduled maintenance or network failure). Further, delivery services may be subject to limitations, delays, and other problems inherent in physical delivery, and DC Collective is not responsible for any delays, delivery failures, or other damages, liabilities, or losses resulting from such problems.
Limitation Of Liability
IN NO EVENT SHALL DC COLLECTIVE, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “DC COLLECTIVE” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU OR ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). DC COLLECTIVE SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE, OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE WEBSITE, OR ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING ON THE WEBSITE.
YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
DC Collective may give notice by means of a general notice on the Website, email, telephone, or text message. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting or 12 hours after sending (if sent by email). You may give notice to DC Collective (such notice shall be deemed given when received by DC Collective) at any time by sending an email to: [email protected] Please specify the reason for the email in the subject line so it can be forwarded to the proper person.
This Agreement may not be assigned by you without the prior written approval of DC Collective but may be assigned without your consent by DC Collective to: (i) an acquirer of assets; (ii) a successor by merger; or (iii) any third party that assumes DC Collective’s rights and obligations under this Agreement. Any purported assignment in violation of this section shall be void.
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Website nor any technical data related thereto nor any direct product thereof 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 Website, 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.
Term For Cause Of Action