TERMS OF SERVICE

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Terms of Service

Welcome to Shangri-La Dispensaries!  Please read these Terms of Service (“Terms”) and the Arbitration Agreement Carefully.  The following agreement (“Agreement” or “Terms of Service”) describes the terms on which Shangri-La Technology LLC dba Shangri-La Dispensaries on behalf of itself, subsidiaries, and affiliates (“Publisher”) offers you access to its services.

TERMS

The websites, mobile sites, applications, or associated products, software, any loyalty program (“Program”) and/or other services, events, or programs (collectively, the “Services”) are copyrighted work belonging to, and owned or operated by Shangri-La Dispensaries and its affiliates (referred here in as “Publisher”, “us”, “our”, or “we”), including, without limitation to, References to “user”, “you”, and “your” refer to you, a user of our website  (“Site”) and/or services.  By accessing, visiting, browsing, using, or attempting to interact with any part of this Site, or other publisher software, services, or websites (collectively “services”), you agree that you have read, understand, and agree to be bound by this Agreement.

Publisher reserves the right, with or without notice to you, to make changes to this Agreement by posting the most recent version on this Site.  Please access and review these Terms of Service regularly.  It is your responsibility to check this page periodically for changes.  Continued use of any part of this Site constitutes your acceptance of such changes.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY IMPACTS YOUR LEGAL RIGHTS.  ANY DISPUTES REGARDING THESE TERMS SHALL BE SETTLED BY MANDATORY ARBITRATION, MEANING YOU CANNOT BRING CLAIMS AGAINST US IN COURT, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST PUBLISHER ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

These Terms shall be governed and construed in accordance with the laws of Missouri, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our service, and supersede and replace any prior agreements we might have had between us regarding the service.

IMPORTANT DISCLAIMERS

This Site and the Services are offered and available only where permitted by law.  This Site and the Services are strictly limited to users who are: a) 21 years of age or older, or  b) 18 and in possession of a valid medical marijuana registration card.  By using the Services, you represent and warrant that you are 21 years of age or older, or if you are 18 that you have a valid medical marijuana registration card.  If you do not meet this age requirement, you must not access or use the Services.  Certain parts of this Site may be subject to heightened age or other eligibility requirements.  If you are asked to verify your age or other eligibility requirements, you must not misrepresent your age. 

All Information contained on this Site and services is for informational purposes only.  Content posted by us on any website, kiosk, mobile application, social media channel, third-party content service, or advertisement is for informational purposes only.  We do not endorse and are not responsible for the accuracy or reliability of, any opinion, advice, statement, or other information made on this Site or services, including user content and third-party materials (each as defined below).  We are not responsible for your relationship with any dispensary, retail location, health care provider, any third-party, or other users of this Site or services.

We do not offer medical advice.  Any information accessed through this Site and services, or within any of our social media pages or channels is for informational and educational purposes only, is not intended to be a substitute for medical advice, diagnosis, or treatment, and is not intended to cover all possible uses, directions, precautions, or adverse effects.  Such information includes, without limitation, third-party materials, user content, and our generated content derived from user.  The information on this Site and services and provided via our social media pages and channels should not be used for the diagnosis or treatment of any medical condition.  Always consult a qualified healthcare professional if you have any questions about a medical condition.  Never disregard professional medical advice or delay in seeking it because of something you have ready on this Site, services, or on our social media pages and channels.

Acknowledgement of Federal Law: User expressly acknowledges that Company is for residents of states and localities with laws regulating  medical or the recreational use of cannabis only and that medical cannabis collectives and patients are established pursuant to their respective local laws.  Marijuana is included on Schedule 1 under the United States Controlled Substances Act.  Under the federal laws of the United States of America, manufacturing, distributing, dispensing or possess of marijuana is illegal, and individuals are subject to arrest and/or prosecution for doing so.  User further acknowledges that medical use is not recognized as a valid defense under federal laws regarding marijuana.  User also acknowledges that the interstate transportation of marijuana is a federal offense.

DO NOT USE THIS SITE FOR MEDICAL EMERGENCIES. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL A PHYSICIAN, QUALIFIED HEALTHCARE PROFESSIONAL, OR 911 IMMEDIATELY.  UNDER NO CIRCUMSTANCES SHOULD YOU ATTEMPT SELF-TREATMENT BASED ON ANYTHING THAT YOU HAVE READ OR SEEN ON THE SITE.

RESTRICTIONS ON USE

You may use this site for purposes expressly permitted by this Site, and you agree to comply with all applicable laws and regulations in using this Site. As a condition of your use of Publisher’s Site, you warrant to Publisher that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Users will not (and will not authorize or cooperate with any party):

  1. Take any action that imposes an unreasonable load on this Site’s infrastructure;
  2. Use any device, software, or routine to interfere or attempt to interfere with the proper working or security of this Site or any activity being conducted on this Site;
  3. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or making up this Site;
  4. Use or attempt to use spiders, robots, avatars, intelligent agents, or any other extraction or navigation search except for the normal browser in retrieving information from this Site;
  5. Aggregate, copy, or duplicate any of the materials or information available from this Site except for a small amount of materials and information temporarily required for an ordinary single use of this Site;
  6. Access data not intended for the individual user;
  7. Delete or alter any material posted by any other person or entity;
  8. Frame or link to any of the materials or information available from this Site;
  9. Use or post the proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
  10. Advocate illegal activity or discuss an intent to commit an illegal act;
  11. Engage in any action in connection with this Site to violate any law or attempt to violate any law;
  12. Use a buying agent or purchasing agent to make purchases on this Site;
  13. Sell or otherwise transfer your profile;
  14. Use this Site as part of any effort to compete with us or otherwise use this Site for any revenue-generating endeavor or commercial enterprise;
  15. Attempt to bypass any measures of this Site designed to prevent or restrict access to this Site or any portion of this Site;
  16. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of this Site to you;
  17. Disparage, tarnish, or otherwise harm, in our opinion, us and/or this Site;
  18. Use this Site in a manner that violates or is inconsistent with the rules of a contest, raffle, or other promotion contained within or offered through this Site;
  19. Use this Site in a manner inconsistent or in violation of these Terms of Use, or any applicable laws or regulations.

PUBLISHER RESERVES THE RIGHT AT ALL TIMES TO DISCLOSE ANY AND ALL INFORMATION AS NECESSARY TO SATISFY ANY APPLICABLE LAW, REGULATION, LEGAL PROCESS OR GOVERNMENTAL REQUEST, OR TO EDIT, REFUSE TO POST OR TO REMOVE ANY INFORAMTION OR MATERIALS, IN WHOLE OR IN PART, IN ITS SOLE DISCRETION.

COOKIES

This Site and service uses “cookies” to help personalize your online shopping experience.  A cookie is a text file that is placed on your hard disk by a web page server.  Cookies cannot be used to run programs or deliver viruses to your device.  Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.  One of the primary purposes of cookies is to help us to provide the best user experience by remembering certain information about you, including your preferences.  You have the ability to accept or decline cookies.  Most web browsers automatically accept cookies, but you can modify your browser settings to decline cookies.  (If you decline cookies, you may not have access to full experience all of the interactive features of the Service.)

USER DATA

We will maintain certain data that you transmit to this Site for the purpose of managing the performance of this Site, as well as data relating to your use of this Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using this Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

TERMS OF SALE(S)

Purchases made through the Service are subject to these Terms of Service.  Publisher uses third-party e-commerce and payment services to offer Services through this Site.  By using this Site, you agree to additional rules, terms of service, privacy policies, or other terms and conditions when registering for purchases or other Services provided through this Site or by third-party service providers.  Do not use this Site if you do not agree to these additional terms, privacy policies, or other terms and conditions.

You understand, accept, and agree that the payment facility provided by us is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through cash on delivery, collection, and remittance facility for transactions on this Site using the existing authorized banking infrastructure and debit card payment gateway networks.  Further, by providing payment facility, we are neither acting as trustees nor acting in fiduciary capacity with respect to the transaction or the transaction price.  You acknowledge that we will not be liable for any damages, interests, or claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price which is beyond our control.  You also understand, accept, and agree that we may use the services of one or more third parties to provide the Service and process your transactions (each a “Provider”).  We are not a selling agent in connection with any sale or purchase by you of goods or services to any person.  We have no control over the quality, fitness, safety, reliability, legality, or any other aspect of any good or service that you may purchase or sell using this Site.

You authorize us to hold, receive and disburse funds in accordance with your payment instructions, whether provided to us directly or through a Provider’s application, and whether to us in our own capacity or in our capacity as payment processor acting on behalf of sellers of goods or services and other third parties that have appointed us as agent for the limited purpose of receiving payments. Your authorization permits us (a) to debit or credit your balance, a bank account, any credit card, debit card, or other payment cards that we accept, or any other payment method we accept, or (b) to process payment transactions that you authorize by generating a paper draft or an electronic funds transfer. When you instruct us to pay a user, you authorize and order us to commit your payment (less any applicable fees or other amounts we may collect under this Agreement) to that user. We may limit the recipient’s ability to use or withdraw the committed funds for a period of time we have agreed with the recipient.

We reserve the right to refuse to process transactions by buyers with a prior history of questionable charges including without limitation breach of any agreements by buyer with us or breach/violation of any law or any charges imposed by issuing bank or breach of any policy.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same debit card, and/or orders that use the same billing and/or shipping address. In the event that 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. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

We may delay notifying the payment confirmation (i.e. informing merchant to dispatch), if Publisher deems suspicious or for buyers conducting high transaction volumes to ensure safety of the transaction and transaction price. In addition, we may hold transaction price and we may not inform merchant to dispatch or remit transaction price to law enforcement officials (instead of refunding the same to buyer) at the request of law enforcement officials or in the event the buyer is engaged in any form of illegal activity.

Rewards and/or loyalty program points and redemptions are subject to change, without prior notice to you.

RETURN POLICY. All sales are final, and no refunds will be issued.

USER CONTENT

We welcome you to provide feedback, comments, ideas, and suggestions for improvements, enhancements, and modifications to this Site, which may include text, photos, audio, code, forms and agreements, files, videos, images, and other materials (“User Content”). You may submit User Content by messaging us, or contacting us via the contact information provided below. You acknowledge and agree that all User Content you give us (i) will be treated as non-confidential and (ii) will be the sole and exclusive property of Publisher. Without limiting the foregoing, you acknowledge that your User Content may be disseminated or used by Publisher for any purpose whatsoever, including developing, improving and marketing products. You hereby irrevocably transfer and assign to Publisher all of your rights, title, and interest in and to all User Content, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such User Content.

In addition to the User Conduct Guidelines above, your User Content may not: • infringe on any rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights, trade secrets, or any other intellectual property or proprietary rights; • violate any law, statute, ordinance, or regulation; • be defamatory, libelous, slanderous, or threatening; • contain offensive language or images, including sexually explicit content that is pornographic, obscene, harmful to minors, or constitute violations of child pornography or child sexual exploitation laws; • denigrate any ethnic, racial, sexual, or religious group by stereotypical depiction or otherwise; • exploit images or the likeness of any individual other than yourself (except where you have obtained express permission from such other individual(s) for such exploitation); • promote physical harm of any kind against any individual or group or characterize violence as acceptable, glamorous, or desirable; • provide instructional information about illegal activities; or • contain any viruses or other programming routines that may detrimentally interfere with computer systems or data, whether those of Publisher or any third party.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting this Site, sending us emails or text messages, engaging in chats, 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, text message, and on this Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, TEXT MESSAGES, 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. To opt out or change your preferences, visit this Site and edit your preferences or reply to text with STOP to cancel. Carrier message and data rates apply. Publisher disclaims all liability for delayed or undelivered messages. Electronic communication frequency varies based on user activity.

CONTACT US

If you have questions or concerns, please submit those here or mail to 1401 Creekwood Pkwy, Columbia, MO 65202.

WARNINGS

Cannabis may not be consumed in a Public Place or on the premises of a licensed dispensary. A “Public Place” means any public or private property, or portion of public or private property, that is open to the general public, including but not limited to, sidewalks, streets, bridges, parks, schools, and businesses. However, for purposes of designating a non-public place within a public place, the owner or entity with control of any such property may, but is not required to, provide one (1) or more enclosed, private spaces where one (1) qualifying patient and, if required by the owner or entity with control of any such property, a representative of such owner or entity, may congregate for the qualifying patient to consume medical marijuana. The qualifying patient may be accompanied by the family of the qualifying patient, the qualifying patient’s primary caregiver, and/or the qualifying patient’s physician. The owner or entity with control of any such property may provide such a space by individual request or designate such a space for ongoing use and may limit use of medical marijuana in that space to uses that do not produce smoke. Any such permission shall be given in writing and provided to the qualifying patient or publicly posted prior to a qualifying patient’s use of medical marijuana in that space.

The cannabis products described on this Site have not been evaluated, analyzed, or approved by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. Cannabis and marijuana-infused products are not food. Products containing cannabis were produced in a cannabis facility not subject to public health inspection that may also process common food allergens and such product have not been produced or inspected pursuant to federal food safety laws. There is limited information on the side effects of using such products, and there may be associated health risks with consumption of cannabis products. Please use extreme caution. Our products contain cannabis, and intoxication following use may be delayed 2 or more hours. Cognitive and physical impairment may result from the use of marijuana or marijuana-infused products which can impair concentration, coordination and judgment. Do not operate a vehicle, aircraft, dangerous device, boat, machinery, or other similar vehicles, machines, and devices under the influence of this drug.

Smoking is hazardous to your health and products that contain cannabis can expose you or those around you to chemicals including cannabis smoke and THC, which are known to cause cancer and birth defects. CANNABIS USE WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL. Vaping cannabis-derived products containing THC has been associated with cases of severe lung injury, leading to difficulty breathing, hospitalization, and even death.

Cannabis products may have intoxicating effects and may be habit forming. The Substance Abuse and Mental Health Services Administration’s National Helpline is a confidential, free, 24-hour-a-day, 365-day-a-year, information service, in English and Spanish, for individuals and family members facing mental and/or substance use disorders. This service provides referrals to local treatment facilities, support groups, and community-based organizations. Callers can also order free publications and other information and can be reached at 1-800-662-4357. For resources for concerns about addiction, you can contact 211.org or dial 988 by phone. If you have a concern that an error may have occurred in the dispensing of your medical marijuana, you may contact the Missouri Department of Health and Senior Services, using the contact information found at medicalmarijuana.mo.gov.