Website Terms and Conditions of Use 

 

Ownership of Site; Agreement to Terms of Use 

These Terms and Conditions of Use (the "Terms of Use") apply to the Columbia Care website located at www.columbia.care, and all associated sites linked to www.columbia.care by Columbia Care Inc., its subsidiaries, and affiliates (collectively, the "Site"). The Site is the property of Columbia Care Inc. ("Columbia Care"). BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. 

Columbia Care reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. If you comply with these Terms of Use, Columbia Care grants you a personal, non-exclusive, non-transferable, limited right to enter and use the Site. 

Eligibility 

The Site is intended solely for users who are (i) twenty-one (21) years of age and older; or (ii) eighteen (18) and in possession of a valid medical marijuana registration card. You represent and warrant either that you are twenty-one (21) years of age or older, or if you are eighteen (18) that you have a valid medical marijuana registration card. Certain parts of the Site may be subject in whole or in part to heightened age and/or other eligibility requirements. As such, you may be asked to verify that you meet the heightened age and/or other eligibility requirements during your use of the Site and you hereby agree that you shall not misrepresent your age.  

Privacy Policy 

Your use of the Site is subject to Columbia Care’s Privacy Policy, which can be found here www.columbia.care/privacy-policy. Please review our Privacy Policy, which, in conjunction with these Terms of Use, governs the Site and informs users of our data collection practices.  Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. 

Purchases; Other Terms and Conditions 

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions, or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site, the latter terms shall control with respect to your use of that portion of the Site. 

Columbia Care may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Columbia Care makes no commitment to update the materials on the Site with respect to such products and services. 

Content 

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Columbia Care, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. 

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Columbia Care’s express prior written consent. 

We attempt to ensure that the information available on the Site at any time is accurate. However, we will not be held liable for any errors or omissions. We use commercially reasonable measures to correct errors and omissions as quickly as practicable after becoming aware or being notified of these. All images should be used only as a guide or representation of the item. All drawings, descriptions, and specifications of goods on the Site are for the sole purpose of giving an approximate description of products. We may also change, suspend, or discontinue any aspect of the Site, including the availability of any features, information, database, or content or restrict access to parts or all of the Site without notice or liability. We reserve the right to: modify or withdraw, temporarily or permanently, the Site (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Site. 

Links to Other Sites 

To provide increased value to our users, the Site may contain links to other independent third-party Web sites ("Linked Sites"). You acknowledge and agree that, as you have chosen to enter the Linked Sites, Columbia Care is not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for: the privacy practices of such websites; the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources, or; the use which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources. 

Notice Regarding Medical Advice  

The Site does not provide medical advice. Nothing stated or posted on the Site is intended to be, and must not be taken to be, the practice of medicine. The Site Content is for informational purposes only. The Site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of information you have obtained through the Site.  

Your Use of the Site 

You may not use the Site for any of the following purposes: disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material; transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or similar; breaches any relevant laws, regulations or code of practice; gaining unauthorized access to other computer systems; interfering with any other person’s use or enjoyment of the Site; breaching any laws concerning the use of public telecommunications networks; interfering or disrupting networks or websites connected to the Site; and making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner. We reserve the right to refuse to post material on the Site or to remove material already posted on the Site. 

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Columbia Care server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means. 

You may not use any automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.  

You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. 

Disclaimer 

COLUMBIA CARE DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. COLUMBIA CARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COLUMBIA CARE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY COLUMBIA CARE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST COLUMBIA CARE FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. 

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action. 

Limitation of Liability 

Except where prohibited by law, in no event will Columbia Care be liable to you for any indirect, incidental, consequential, exemplary, or punitive damages, including lost profits, even if Columbia Care has been advised of the possibility of such damages.  

If, notwithstanding the other provisions of these Terms of Use, Columbia Care is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Columbia Care’s liability shall in no event exceed $1,000.00.  

Indemnity 

You agree to indemnify and hold Columbia Care, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Columbia Care by any third party due to or arising out of or in connection with your use of the Site. 

Governing Law; Dispute Resolution 

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of New York without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in New York County, New York, and waive any objection to such jurisdiction or venue.  Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.  

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Columbia Care with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Columbia Care with respect to such use are hereby superseded and cancelled.  Columbia Care’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Columbia Care of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Columbia Care and you or any other party be deemed to modify any provision of these Terms of Use.  

Available Only Where Permitted by Law 

The products and services described on the Site are only offered in jurisdictions where they may be legally offered for sale. The Site is not intended for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would be contrary to local law or regulation.