Effective Date: October 19, 2022
Last Materially Updated: October 19, 2022
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH IN SECTION 17 ENTITLED “GOVERNING LAW AND DISPUTE RESOLUTION” BELOW, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST PAOFW ON AN INDIVIDUAL BASIS, MEANING YOU CANNOT BRING CLAIMS AGAINST PAOFW IN COURT, AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION WAIVER IN ARBITRATION. PLEASE READ IT CAREFULLY AS IT IMPACTS YOUR LEGAL RIGHTS.
Please read these Terms and Conditions (“Terms”) carefully prior to using the websites, mobile sites, applications, or associated products, software, or any loyalty program (“Program”) and/or other services, events, or programs (collectively, the “Services”) owned and operated by PA Options for Wellness, Inc. (“PAOFW”, “us”, “our”, or “we”) and its affiliates (“Affiliates”) (collectively, the “Sites”). References to “you” and “your” refer to you, a user of the Sites. View the portion of these Terms containing terms and conditions specific to the PAOFW Loyalty Program.
1. Regulations in the Cannabis Industry
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. See Section 20 for additional information. All PAOFW marihuana products are intended for personal use only in the jurisdiction in which they are sold. Products sold by PAOFW are not intended for resale or interstate transport.
2. You Should Seek Advice from Your Own Professional Advisers
The Sites and the materials on the Sites, including PAOFW Content (defined below) have been prepared by PAOFW for informational purposes only and PAOFW makes no claims with respect to the use or consumption of any PAOFW products. Do not act upon this information without seeking guidance from an attorney, medical professional, or other applicable, qualified professional. The information on the Sites is not intended to provide medical nor legal advice. Information on the Sites is not intended to assess, diagnosis, nor specifically treat any individual’s medical problem(s) or concerns. Information on the Sites 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 medical marijuana. If you are pregnant or may be pregnant, breastfeeding, suffering from a known health condition, or taking any prescription medications, you should consult your physician or other health care professional prior to using medical marijuana. These statements have not been evaluated by the Food and Drug Administration. None of the products made available by PAOFW are intended to diagnose, treat, cure, or prevent any disease. You acknowledge and agree that no partnership is formed through these Terms or your use of the Sites or participation in any Services and that neither you nor PAOFW has the power or the authority to obligate or bind the other.
3. PAOFW Content
Content on the Sites that is provided by PAOFW and its licensors, including, but not limited to, certain graphics, photographs, images, screenshots, text, digitally downloadable files, audio, videos, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“PAOFW PAOFW Content”) is the property of PAOFW and its licensors, and is protected in the U.S. and internationally under state and federal trademark, copyright, and other intellectual property laws.
You agree not to download, display, or use any PAOFW Content located on the Sites for any publications, in public performances, on websites other than the Sites for any other commercial purpose, in connection with products or services that are not those of PAOFW, in any other manner that is likely to cause confusion among consumers, that disparages or discredits PAOFW and/or its licensors, that dilutes the strength of PAOFW’s or its licensor’s property, or that otherwise infringes PAOFW’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any PAOFW Content.
By entering and/or using the Sites you acknowledge and agree that any name, logo, trademark, or service mark contained on the Sites and all PAOFW Content is owned or licensed by PAOFW and may not be used by you without prior written approval. Nothing contained in the Sites shall be construed as granting a license or other rights under any patent, trademark, copyright, or other intellectual property of PAOFW.
4. Accuracy of Information, Products, and Pricing
We attempt to ensure that information provided through the Sites, including PAOFW 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 the Sites. PAOFW shall not be responsible for any errors or omissions on the Sites; however, when we discover an error we will endeavor to correct it as soon as possible and notify any customers who we are aware are materially impacted. We reserve the right to amend errors or to update product information at any time without prior notice.
Not all products that appear on the Sites are offered for sale in all states. Certain products may not be available in your jurisdiction. Products shown on the Sites may appear differently in the dispensary/at the retail establishment.
The Sites may provide you with pricing for products that are carried by us both in the dispensary/at the retail establishment and/or online. The prices displayed (in U.S. dollars) for products available for purchase via the Sites may only represent the applicable retail prices, and may not consist of taxes, delivery fees, or other applicable charges. Before you complete an order, all such applicable charges will be provided to you. The pricing shown to you through use of the Sites may only be good for purchases made through the Sites and may differ from in-store/dispensary pricing.
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. Price and availability information is subject to change without notice.
5. Discounts and Special Offers
The Sites may display, include, or make available coupons, special offers, promotional codes, giveaways, samples, and other offers from PAOFW (“Deals”). PAOFW displays these Deals on the Sites as a form of advertisement. All Deals 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 the Sites.
6. Orders and Deliveries
The Sites may consist of features or links to third-party sites permitting you to place an order with us for either pick-up at one of our dispensaries/retail establishments or for delivery. 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 through the Sites or otherwise. All orders are subject to acceptance by us, and we will confirm such acceptance in a communication to you. We are not responsible for deliveries that are delayed due to events that are beyond our control, but we will strive to provide you with a seamless delivery process. Not all products shown on the Sites are available in our dispensaries/retail establishments, as some products can only be found online.
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 any user. For example, we may limit or prohibit orders that, in our sole judgment, appear to be placed in violation of these Terms or applicable law, are processed as a result of any fraudulent or misleading activity, or are placed by dealers, resellers, or distributors. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the contact information provided at the time the order was made. We also may require verification of information prior to the acceptance and/or delivery of any order.
7. Account(s) Creation and Maintenance
In order to use certain features of the Sites (e.g., to use any e-commerce-related services) or participate in the Services, you may be required to create one or more Account(s) with PAOFW (“Account(s)”) and provide certain information about yourself. You represent and warrant that all registration information you submit is truthful and accurate, and that you will maintain the accuracy of such information at all times. You may not create more than one Account(s) per Account(s) type.
You agree that you are solely responsible for maintaining the confidentiality of your Account(s) login information and are fully responsible for all activities that occur under your Account(s). You agree to immediately notify PAOFW of any unauthorized use, or suspected unauthorized use, of your Account(s) or any other breach of security. PAOFW cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
PAOFW may suspend or terminate access to your Account(s) in its sole and absolute discretion. In the case that your Account(s) is terminated, these Terms shall remain, to the extent applicable, in full force and effect.
8. User Conduct Guidelines
Any time you access or use the Sites or participate in the Services, you are required to comply with our User Conduct Guidelines, as set forth below. You are not authorized to access or use the Sites:
- to systematically retrieve information or content to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- if you are not able to form legally binding contracts (for example, if you are under 18);
- if you are a person barred from receiving our products or Services under the laws of the United States or other applicable jurisdiction; or
- for any other purposes that are not expressly permitted by these Terms.
Further, you may not:
- access, copy, distribute, share, publish, use or store, or prepare derivative works from any PAOFW Content or content that belongs to another user or to a third party, including works covered by any copyright, trademark, patent, or other intellectual property right, except with prior express permission of the person or entity holding the rights to license such use;
- circumvent our systems, policies, including by attempting to access or use the Sites or Services if you have been temporarily or permanently prohibited or blocked from using the Sites or Services;
- access, search, collect information from, or otherwise interact with the Sites by “scraping,” “crawling” or “spidering” the Sites, by the use of any software, device, script or robot, or by any other means (automated or otherwise) other than through the currently available, published interfaces that are provided by PAOFW, unless you have been specifically authorized to do so in a separate agreement with PAOFW;
- use, display, mirror or frame the Sites, or any feature, functionality, tool or content of the Sites or Services, PAOFW’s name, any PAOFW trademark, logo or other proprietary information, without PAOFW’s express written consent;
- interfere with, disrupt, damage or compromise the Sites, Services, or our systems or the access of any user, host or network in any way, including through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology or by overloading, flooding, spamming, mail-bombing the Sites, or otherwise imposing an unreasonable or disproportionately large load on the Sites;
- access, tamper with, or use non-public areas of any of the Sites, Services, PAOFW’s computer systems, or the technical delivery systems of PAOFW’s providers;
- probe, scan, or test the vulnerability of any system or network of PAOFW or its providers, or breach or circumvent any security or authentication measures of such system or network;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by PAOFW or any of PAOFW’s providers or any other third party to protect the Sites;
- forge any TCP/IP packet header or any part of the header information in any e-mail or posting, or in any way use the Sites to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the code or software used to provide the Sites;
- export or re-export the Sites, except in compliance with the export control laws and regulations of any relevant jurisdictions;
- post reviews on the Sites or Services or any of PAOFW’s social media pages or channels that are not based on your own personal experiences, not factual in nature, or based on secondhand, nonpersonal experience;
- resell for commercial purposes products purchased through use of the Sites or Services or resell or make commercial use of the Sites, Services, or PAOFW Content;
- violate any federal, state or local laws, rules or regulations or infringe the rights of any third party, including, any intellectual property, privacy or publicity-related rights in connection with your access to or use of the Sites or use of the Services;
- otherwise abuse the Sites or Services or breach the Terms; or
- attempt to do any of the foregoing, or advocate, encourage or assist any third party in doing any of the foregoing.
You represent, warrant, and agree that you shall comply with the above User Conduct Guidelines. 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, including without limitation, the immediate removal of your information or related materials from the Sites and/or Services and termination of your Account(s).
9. User Content
We welcome and encourage you to provide feedback, comments, ideas, and suggestions for improvements, enhancements, and modifications to the Sites and/or Services, 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 PAOFW. Without limiting the foregoing, you acknowledge that your User Content may be disseminated or used by PAOFW for any purpose whatsoever, including developing, improving and marketing products. You hereby irrevocably transfer and assign to PAOFW 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.
You agree to sign and deliver such documents, and otherwise provide such assistance, as may reasonably be required from time to time to perfect PAOFW’s rights in such improvements, enhancements and modifications.
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 PAOFW or any third party.
10. Electronic and Telephonic Communications
When you use the Sites, participate in the Services, or send e-mails, messages (e.g., via our chatbot feature), and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us (e.g., newsletters and updates) 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.
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.
11. Modification and Suspension
We reserve the right, at any time in our sole discretion and without notice to you, to modify, suspend or discontinue the Sites, the Services, and PAOFW Content. We may also impose rules for and limits on use of the Sites or restrict your access to all or part of the Sites or Services without notice or penalty. You agree that, to the fullest extent allowed by applicable law, we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Sites, the Services, or PAOFW Content.
These Terms will survive any termination, discontinuation, or cancellation of the Sites, Services, or your Account(s).
12. Warranties by Users
You represent and warrant to PAOFW that you have the power and authority to accept and agree to these Terms, and you own or control all of the rights necessary to grant the rights and licenses granted herein.
BY ENTERING AND/OR USING THE SITES OR PARTICIPATING IN THE SERVICES YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION AND SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE MADE WITH RESPECT TO THE SITES, SERVICES, OR ANY INFORMATION OR SOFTWARE THEREIN OR PROVIDED IN CONNECTION THEREWITH (INCLUDING BUT NOT LIMITED TO PAOFW CONTENT), OR ANY WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE SITES, SERVICES OR THE PAOFW CONTENT, THAT USE OF THE SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY PAOFW CONTENT.
14. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:
- YOUR USE OF THE SITES AND SERVICES ARE AT YOUR OWN RISK;
- YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE HANDLING, STORAGE, USE AND CONSUMPTION OF ALL PRODUCTS SOLD OR DISTRIBUTED THROUGH THE SITES OR SERVICES. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY ALLERGIES YOU MAY HAVE AND VERIFYING PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. YOU ARE RESPONSIBLE FOR READING AND UNDERSTANDING ALL WARNING LABELS THAT ACCOMPANY ANY PRODUCTS;
- UNDER NO CIRCUMSTANCE (INCLUDING NEGLIGENCE), SHALL PAOFW OR ANY OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES OR SERVICES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND (INCLUDING LEGAL FEES, EXPERT FEES, OR OTHER DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, FROM THE SERVICES OR THROUGH THE ACCESS TO, INABILITY TO ACCESS, USE OF, OR BROWSING OF THE SITES OR THROUGH YOUR DOWNLOADING OF ANY PAOFW CONTENT OR OTHER MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITES, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS EVEN IF PAOFW HAS BEEN ADVISED OF SUCH INCIDENTS; AND
- PAOFW IS NOT RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND PAOFW’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO FORCE MAJEURE EVENTS (DEFINED HEREIN), COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE SERVICES OR SITES’ RECORDS, PROGRAMS, OR SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, PAOFW’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS (US$100).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE PAOFW FROM AND AGAINST ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OR THE SERVICES PROVIDED HEREUNDER. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
THE LIMITATIONS SET FORTH IN THIS SECTION 14 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY PRODUCTS YOU PURCHASE FROM US, OR FOR OUR FRAUD, GROSS NEGLIGENCE, OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PAOFW AND YOU, AND WILL SURVIVE AND APPLY EVEN IF YOUR REMEDIES ARE FOUND OR ALLEGED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
To the maximum extent not prohibited by applicable law, you agree to release, defend, indemnify, and hold PAOFW, its parent, subsidiaries, Affiliates, licensors and service providers, and its and their officers, directors, shareholders, agents, employees and representatives (individually and collectively, the “PAOFW Entities“), harmless (collectively, “indemnify” or any variation thereof) from and against any claims, liabilities, damages, losses, costs and expenses, including, any bodily injury, illness, death or damage to any real or personal property, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs, arising out of or relating to or in any way connected with (i) the Services and/or your access to or use of the Sites, including any and all PAOFW Content and any features, functionality, tools, and promotions available on and through the Sites, (ii) your breach of the Terms, including any violation of national, federal, state or local or other applicable laws, rules or regulations or any infringement or misappropriation of the rights of any third party, and (iii) your gross negligence or willful misconduct.
You agree that, at PAOFW’s option, you will conduct the defense of any such claim or action; provided that, notwithstanding our election that you to conduct the defense, (i) PAOFW may nevertheless participate in such defense or settlement negotiations and pay its own costs associated therewith, and (ii) you will not enter into any settlement or other compromise without the prior written approval of PAOFW (which approval shall not be unreasonably withheld), unless such settlement or other compromise includes a full and unconditional release of the relevant parties from all liabilities and other obligations in respect of such claim or action.
No person or entity shall be entitled to any form of indemnification at any time, except as provided by the Terms.
16. Users; Third-Party Websites
Though users are required by the Terms to provide accurate information, we do not guarantee the completeness or accuracy of any information provided by any user, including the user’s purported identity, credentials or background. We recommend that you exercise due diligence when deciding to communicate or interact with another user, and we will not be responsible or liable for any damage or harm resulting from your interactions with other users.
Although the Sites may be linked to other sites, PAOFW is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By entering the Sites, you acknowledge and agree that PAOFW has not reviewed all the sites linked to the Sites and is not responsible for the content of any off-site pages or any other site linked to the Sites. Your linking to any other off-site pages or other sites is at your own risk. You should refer to the terms and policies governing any other sites that you use to determine your rights and responsibilities.
17. Governing Law and Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND PAOFW HAVE AGAINST EACH OTHER ARE RESOLVED.
YOU ACKNOWLEDGE THAT, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION 17, YOU ARE WAIVING THE RIGHT TO GO TO COURT AND HAVE A CLAIM HEARD BY A JUDGE OR JURY.
The Terms shall be governed by and interpreted in accordance with the laws of the State of Illinois without regard to Illinois’ conflict of law principles or the United Nations Convention on Contracts for the International Sale of Goods, which are hereby expressly excluded.
All disputes, claims, controversies and matters arising out of or relating to these Terms, the breach thereof, or any transactions hereunder, including any questions of arbitrability (“Claims”), shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (“AAA 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 AAA Rules. The place, or legal seat of the arbitration, shall be Chicago, Illinois, and the language of the arbitration shall be English. Each party shall be exclusively responsible for paying its own arbitration filing fees, which the arbitrator may later allocate as set forth below.
EACH PARTY AGREES THAT ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS ON THAT PARTY’S OWN BEHALF AND NOT IN ANY REPRESENTATIVE CAPACITY OR ON BEHALF OF ANY SORT OF CLASS OR PURPORTED CLASS, AND NO ARBITRATION COMMENCED HEREUNDER MAY BE JOINED WITH OR INCLUDE ANY CLAIMS BY ANY OTHER PERSONS. FOR THE AVOIDANCE OF DOUBT, EACH PARTY HEREBY WAIVES THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FURTHER, UNLESS BOTH YOU AND PAOFW OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.
The arbitrator shall issue a reasoned award and, subject to the limitation of liability set forth above, 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, to proceed ex aequo et bono, or to exercise rights of jura novit curia. 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.
Both you and we agree that if PAOFW makes any amendment to this “Governing Law and Dispute Resolution” Section in the future, that amendment will not apply to any claim that was filed in a legal proceeding against PAOFW prior to the effective date of the amendment. However, the amendment will apply to all other disputes or claims governed by this Section that have arisen or may arise between you and PAOFW. We will notify you of amendments to this Section by posting the amended Terms on the Sites. If you do not agree to the amended terms, you must cease using the Sites and/or participating in the Services immediately. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and PAOFW in accordance with the provisions of this “Governing Law and Dispute Resolution” Section as of the date you first accepted the Terms (or accepted any subsequent changes to the Terms).
18. Miscellaneous Provisions
From time to time we may invite users to refer friends, family, or acquaintances to PAOFW. Any such referral program will be subject to the additional Referral Program Terms.
If any provision of these Terms shall be deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms constitute the entire agreement between you and PAOFW regarding the use of the Sites and PAOFW Content and participation in the Services, and supersede and replace any prior agreements you and PAOFW might have had regarding the Sites, PAOFW Content, and Services. By using the Sites or participating in the Services, you represent that you are capable of entering into a binding agreement.
Nothing in these terms shall affect your statutory rights. PAOFW may (in its sole discretion) decline to enter into any correspondence, except as otherwise stated in these Terms.
19. Contact Us
If you have any questions or concerns, please contact PAOFW at email@example.com.
You can also reach us at:
PA Options for Wellness
50 Perry Avenue
Perry Innovation Park
Duncannon, PA 17020
20. Jurisdictional Notices
Products that contain marijuana are for medicinal use only. Such products must be kept in the original containers in which it was dispensed. These products might impair the ability to drive or operate heavy machinery. Women should not consume during pregnancy or while breastfeeding except on the advice of the practitioner who issued the certification and, in the case of breastfeeding, the infant’s pediatrician. Keep out of reach of children. Any unauthorized use is unlawful and will subject the purchaser to criminal penalties.
21. Changes To These Terms
PAOFW reserves the right to revise and update these Terms at any time and for any reason, with or without notice or obligation. Your use of the Sites or Services after we post any changes constitutes your agreement to those changes and your agreement to be bound by any such revisions. In addition to posting the updated Terms, we reserve the right in our sole discretion to notify you of such revisions via email, if provided. You agree to periodically review these Terms to ensure you are familiar with the most recent version. You agree that you do not have any rights in the Sites and that PAOFW will have no liability to you if the Sites or Services are discontinued or your ability to access the Sites or participate in the Services are restricted.
22. Loyalty Program Terms and Conditions
22.1. How To Sign Up
Subject to the terms and conditions herein, the Program is automatically available to PAOFW -qualified patients and caregivers.
By signing up for the Program, Customer will receive text/email communications from PAOFW. Customers may opt out of text/email communication at any time, but will still remain part of the Program. By checking the box, providing a mobile phone number and signing up for the Program, Customer consents to receive recurring marketing text and email messages at the phone number provided via an automatic delivery system and/or artificial/pre-recorded voice calls from PAOFW and its Affiliates. Consent is not required as a condition of any purchase. Message and data rates may apply.
Upon enrollment and subject to compliance with applicable law, Customer may receive, at the sole and reasonable discretion of PAOFW, as set forth in detail below, free PAOFW -branded merchandise (not including Customers in Massachusetts, Ohio, or Pennsylvania where such merchandise is prohibited), exclusive offers, communications, and early previews of PAOFW products.
To sign up, prospective Customer must (1) create an Account for the Program, providing all information requested, including a valid name and contact information, including email, address, or phone number (“Loyalty Account”), (2) sign or acknowledge the PAOFW Loyalty Form; and (3) save wallet (“Wallet”) to phone/computer.
Only one (1) Loyalty Account per person/phone number. Any person attempting to obtain or use more than one Loyalty Account, phone number, identity, registration, or log-in, may be disqualified from participating in the Program in PAOFW’s sole discretion. PAOFW is not responsible for any incorrect or inaccurate information supplied by any Customer. You represent and warrant that all registration information you submit is truthful and accurate, and that you will maintain the accuracy of such information at all times. You may not create more than one Loyalty Account. As part of the Program enrollment, you will be required to provide your name, date of birth, zip code, and phone number.
To cancel your Loyalty Account, please email PAOFW at firstname.lastname@example.org.
22.2 How To Accrue Points
Customers will accrue one (1) loyalty point (each, a “Point”) for every $1 spent on the total qualifying purchase of both medical marijuana and medical marijuana ancillary products (net of discounts, returns, credits, delivery fees, and taxes) made at any participating, qualifying PAOFW dispensaries in PA when the transaction is rung under Customer’s Loyalty Account, except as set forth in detail herein.
There is no maximum on the amount of Points a Customer can earn.
From time to time, and in PAOFW’s sole discretion, PAOFW may offer other methods of accruing and redeeming Points. Any methods of accruing and redeeming Points are subject to these Terms and any additional terms listed on the Wallet or otherwise presented in connection with the description of the applicable Point accruing and redeeming method, if any (“Additional Terms”). Not all accrual activities will be available to all Customers. Accrual and/or redemption rates may vary from state to state where the Program is available, in PAOFW’s sole discretion. In the event of any conflict between these Terms and any Additional Terms, the Additional Terms shall control. We reserve the right, at any time in our sole discretion and without notice to you, to modify, suspend or discontinue the Program. We may also impose rules for and limits on membership to the Program or restrict your access to the Program without notice or penalty. You agree that, to the fullest extent allowed by applicable law, we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Program.
22.3 How To Redeem Points
Points are deducted from the Customer’s Loyalty Account balance at the time of redemption.
In the event of a dispute concerning the identity of a Customer, the Customer will be declared the registered Loyalty Account holder of the phone number associated with the Loyalty Account, but only if that person meets all other eligibility criteria.
Points earning and redemption will be state specific and may vary from state to state. Points may not be transferred between states. Loyalty points earning and redemption will be shared within a state and can be earned and redeemed across stores within the same state.
The Points are exclusive to the participating, qualifying, PAOFW retail stores and cannot be used in non- PAOFW retail stores or non-participating, non-qualifying PAOFW retail stores.
Unless otherwise specified, Points can be redeemed in the following increments: Please have dispensary management update.
All redemptions are subject to applicable law. PAOFW IS NOT RESPONSIBLE FOR ANY POINTS THAT CANNOT BE REDEEMED IN ACCORDANCE WITH THE TERMS DUE TO RESTRICTIONS IMPOSED BY APPLICABLE LAW.
Points are non-transferable and can be redeemed only by the Customer associated with the Loyalty Account. The Customer name on the Loyalty Account must match the valid picture ID (driver’s license, passport, etc.) that matches the name printed on the Loyalty Account presented at the time of purchase. If the ID does not correspond to the Loyalty Account name, the Points cannot be redeemed.
Points will not be refunded with returns if Points were redeemed during such transaction.
Points have no cash value and cannot be credited to a Loyalty Account or redeemed for cash.
Points are not valid on and cannot be redeemed for: (1) Previous purchases; or (2) taxes or processing charges.
Points cannot be sold or otherwise bartered.
PAOFW reserves the right to alter and/or discontinue the Program at any time without notice.
If the total sale is greater than the Points being redeemed, Customer must provide payment prior to completing the transaction.
Customer shall have the responsibility of ensuring that his or her Points are properly credited. If a Customer believes that Points were not properly accrued to his or her Loyalty Account, the Customer must notify PAOFW and any claim for Points not credited accurately must be received by PAOFW within six (6) months of the date of claimed accrual of Points. PAOFW shall have no liability for any printing, production, typographical, mechanical or other errors or for any delay or failure to credit Points to Customer’s Loyalty Account.
22.4 Disqualifying Activities
PAOFW is entitled to take any action it considers appropriate in its sole discretion, including removing or suspending your Loyalty Account and canceling Points accrued if we detect any disqualifying activity concerning your Loyalty Account including but not limited to:
(i) engaging in illegal or fraudulent activities;
(ii) supplying or attempting to supply false or misleading information, or making a misrepresentation to PAOFW;
(iii) selling, assigning, transferring or acquiring, or offering to sell, assign, transfer or acquire any Points other than in accordance with these terms and conditions; or
(iv) excessive accruing of Points (via fraud or other means).
22.5 Other Terms
THE PROGRAM IS SUBJECT TO APPLICABLE LAW AND APPROVAL BY INDIVIDUAL U.S. STATES. PAOFW IS NOT RESPONSIBLE FOR ANY POINTS THAT CANNOT BE REDEEMED IN ACCORDANCE WITH THE TERMS DUE TO RESTRICTIONS IMPOSED BY APPLICABLE LAW. PAOFW RESERVES THE RIGHT TO DISCONTINUE THE PROGRAM, FOR ANY REASON, AT ANY TIME, WITHOUT NOTICE.
The PAOFW Entities are not responsible for: (a) misdirected, late, lost, garbled, unintelligible, damaged, stolen, non-delivered or postage-due communications or other Program-related materials whether caused by Customers, wireless carriers, Internet Service Providers (“ISP”) or unauthorized human intervention; (b) any damage to a Customer’s or other person’s computer system or digital device which is caused or occasioned by participating in the Program or attempting to redeem Points; (c) technical difficulties or failures of any kind including, but not limited to, lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet, digital device or wireless carriers, websites or other connections, availability or accessibility problems arising in connection with or over the course of the Program; (d) miscommunications, failed, jumbled, scrambled, delayed, dropped, interrupted, lost, non-delivered or misdirected computer, telephone, digital device, email, mobile or cable transmissions or hardware, software, program or programming malfunctions, failures or difficulties of any kind including, but not limited to: malfunctions, interruptions or disconnections in transmissions or connections, phone lines, network hardware or software, computers, equipment, programming errors, cable, satellite, cellular tower, or ISP or wireless carriers; (e) any technical malfunctions, failures or difficulties, printing errors, clerical, typographical or other errors in these Terms, any Program advertisement, on the Wallet or other materials; (f) any errors or failures of any kind, whether human, mechanical, clerical, electronic, interruption of power, digital, mobile or technical in nature, or unauthorized human intervention; (g) any incorrect or inaccurate information, whether caused by tampering or hacking, or by any equipment or programming associated with, or utilized in the Program, including, without limitation, redemptions that are submitted by automated computer programs or other illegitimate means; or (h) the incorrect or inaccurate capture of information or the failure to capture or loss of any information.
If you have any questions or concerns regarding the Program, please contact PAOFW at (815) 900 – 2128.
PAOFW reserves the right to terminate a Customer’s Program membership, and void any Points accumulated in such Loyalty Account(s), if, in PAOFW’s sole discretion, the Customer appears to have violated any of the Terms or any applicable law, or earns Points via deception, forgery, fraud, or commit any other abuse of the Program. PAOFW reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
PAOFW reserves the right, without prior notice and at any time, to terminate the Program, in whole or in part, or modify or suspend the Program, or any portion thereof, in any way, if it determines, in its sole discretion, that the Program is impaired or corrupted or that fraud, breach of confidentiality, or technical problems, failures or malfunctions have destroyed or severely undermined the integrity and/or feasibility of the Program.
PAOFW reserves the right, in its sole discretion, to cancel, change, modify or discontinue the Program, in whole or in part, including any terms, rules, features, benefits, rewards, conditions of participation, the Point accruing/accumulation ratio, the Point redemption policy, and the Point expiration policy, or any other aspect of the Program, in whole or in part, at any time, with or without advance notice, even though changes may affect the value of the Points and rewards already accumulated. PAOFW may make changes to any element of the Program to correct for typographical, printing or other errors and you waive any rights relating to same. Any changes will become effective immediately upon posting the revisions. At all times, Customers are solely responsible for remaining knowledgeable about and in compliance with these Terms. Your use of Points after we post any changes constitutes your agreement to those changes and your agreement to be bound by any such revisions.
Only the type and quantity of Points described in these Terms will be awarded.
This Section 22 will survive any termination, discontinuation, or cancellation of the Program or your Loyalty Account.