Last Materially Updated: July 19, 2019
Effective Date: August 20, 2019
Terms
Please read these Website Terms of Service carefully. By accessing this Website, (including, the websites of www.verdantcreationswv.com and its affiliates operating in the United States, which collectively are referred to as “Verdant Creations,” with all such websites collectively being referred to as “this Website”), you agree to be bound by these Website Terms of Service. These Terms of Service (the “Terms of Service”, “TOS” or “Agreement”) set forth the legal terms and conditions governing your use of our Website located at https://www.shop.verdantcreations.com and any other online and mobile websites, blogs and interactive applications operated by Verdant Creations (collectively, the “Site”) (unless a different policy is provided on a particular site, application or service, in which case such different policy shall govern and control). Verdant Creations may amend these Website Terms of Service, from time to time without notice to you by posting the most recent version on this Website. Please access and review these Website Terms of Service regularly. If you find any of the terms or conditions of these Website Terms of Service unacceptable to you at any time, please discontinue your use of this Website. By continuing to access this Website after the date of any amendments to these Website Terms of Use, you agree to be bound by the amended Website Terms of Service.
Certain sections or pages on this Website may contain separate terms, conditions, disclosures or disclaimers, which are in addition to the Website Terms of Service. In the event of a conflict, the additional terms, conditions, disclosures and disclaimers will govern for those sections or pages. These Website Terms of Service are in addition to those that apply to any accounts or services you may have with Verdant Creations.
Restrictions on Use
The information provided on this Website and any other holding interest of Verdant Creations, is not to be reproduced or used for any purpose other than for your own personal information and visual representation without the written consent of Verdant Creations.
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.
Use of the Website
You agree that you will not engage in any activities related to this Website that are contrary to applicable law, regulations or the terms of any agreements you may have with Verdant Creations its vendors, or other third parties in connection with your use of this Website. You further agree to establish commercially reasonable security procedures and controls to protect any of your confidential information. Further, you agree not to misuse this Website or its contents. If you need accommodations in order to use this Website, please contact our customer service staff by sending an e-mail to the e-mail address, or calling the telephone number, located at “Contact me” on this Website.
Verdant Creations grants you a non-exclusive, non-transferable, limited right and license to access, use and privately display the Site and the materials thereon for your personal use only, provided that you comply fully with these TOS. You have no right to sublicense the license rights granted in this section. You shall not interfere (or permit the use of your account by a third party to interfere) or attempt to interfere with the operation or use of the Site by other members in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means. Except as permitted above, this Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of Verdant Creations.
Notice Regarding Medical Advice
THIS SITE DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE SITE MATERIALS, SUCH AS TEXT, GRAPHICS, IMAGES, AND INFORMATION OBTAINED FROM THIS SITE ARE 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 THIS SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
Use of Information Included on this Website
All information provided on this Website is intended for informational purposes only. All information is believed to be reliable, but is not warranted to be accurate, timely or complete, nor is any information intended to constitute advice. Many factors unknown to Verdant Creations may affect the applicability of any statement or comment made on the Website to your particular circumstances.
Information Collection and Use
While using the Website, you may be asked to provide certain Personally Identifiable Information (“PII”) and Personal Health Information (“PHI”) that can be used to contact or identify you. PII may include, but is not limited to, your email address, name, phone number, driver’s license, and postal address (“Personal Information”). PHI may include but is not limited to your medical cannabis card. Additionally, we collect payment details, information about the order you initiate, and information about the device and browser you use.
This information is collected for the purpose of providing the Service, identifying and communicating with you, responding to your requests/inquiries, servicing your purchase orders, authentication, payment and improving our services.
Billing and Payment
Customers may place orders with various dispensaries via Verdant Creations online platform, but Verdant Creations does not request customer debit card information online and does not process payments online at the time of ordering. Upon pickup of your order, you may pay in cash or by debit card. Verdant Creations delivery drivers will only accept cash payments.
Disclaimer of Warranty and Limitation of Liability
VERDANT CREATIONS AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY, COMPLETENESS, QUALITY, ADEQUACY OR CONTENT OF ANY INFORMATION OR TOOL ON THIS WEBSITE OR ANY OTHER WEBSITE LINKED OR REFERENCED ON THIS WEBSITE, AND EXPRESSLY DISCLAIM LIABILITY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE OR ANY OTHER WEBSITE LINKED OR REFERENCED ON THIS WEBSITE.
SUCH INFORMATION OR TOOL IS PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED CONDITIONS AND WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE PROVISIONS REGARDING IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
VERDANT CREATIONS AND ITS AFFILIATES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, LOST PROFITS OR PROSPECTIVE ECONOMIC ADVANTAGE, RESULTING FROM ANY USE OR MISUSE OF THIS WEBSITE OR ANY OTHER WEBSITE LINKED OR REFERENCED ON THIS WEBSITE, OR RELIANCE ON THE INFORMATION, DOCUMENTS, SOFTWARE OR CONTENT HEREOF OR THEREOF, IN CONNECTION WITH ANY NEGLIGENCE< FAILURE OF PEROFMRANCE, ERROR, DELAY, DEFECT, VIRUS, SYSTEM FAILURE, OR ANY INCOMPATABILITY BETWEEN THE WEBSITE AND YOUR SITE ACCESSING PROGRAM, OR ANY PROBLEM CAUSED OUTSIDE VERDANT CREATIONS OR ITS AFFILIATES CONTROL,EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH ARE REASONABLY FORSEEABLE.
Indemnification
BY USING THE SITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN; YOUR USE OF THIS SITE AND/OR THE MATERIAL IN VIOLATION OF THESE TERMS OF USE; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR VERDANT CREATIONS’S USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN VERDANT CREATIONS’S DEFENSE OF ANY CLAIM. VERDANT CREATIONS RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF VERDANT CREATIONS.
Privacy
Please see Privacy Policy for more information.
Submissions
All information submitted to Verdant Creations via this Website shall be deemed the property of Verdant Creations. Verdant Creations will be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information a visitor to this Website provides to Verdant Creations through this Website. Verdant Creations shall not be subject to any obligations of confidentiality regarding submitted information except as expressly agreed by Verdant Creations executing a confidentiality agreement or as otherwise required by law.
Available Only Where Permitted by Law
The products and services described this Website are only offered in jurisdictions where they may be legally offered for sale. This Website 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.
Hyperlinks are Not Endorsements
Links to other websites or references to other products, services or publications do not imply the endorsement or approval of such websites, products, services or publications by Verdant Creations. Third party websites reached through links from this Website may also have privacy and security policies different from Verdant Creations and may provide less security. Verdant Creations is not responsible for the collection, use, or security of information by companies outside of Verdant Creations that may be linked to on this Website. If you choose to access any software available through links from this Website, you should take reasonable and appropriate precautions to scan for computer viruses and ensure compatibility of the software with your specific computer system. You should also ensure that you have a complete and current backup of the information contained on your computer system prior to installing such software. Please review the privacy and security policies of websites reached through links from this Website.
Copyrights, Trademarks, & Restrictions
The Website and all of the content it contains, or may in the future contain, including but not limited to text, video, pictures, graphics, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property (collectively, the “Material”) that relates to the Website are owned by or licensed by Verdant Creations or other third parties and are protected from any unauthorized use, copying and dissemination by copyright, trademark and other intellectual property and non-intellectual property laws and by international treaties.
Except as expressly permitted in writing by Verdant Creations, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute or exploit, in whole or in part, any of the Material. Nothing contained in these Terms of Service or on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of Verdant Creations or such third party that may own the Material or intellectual property displayed on the Site.
UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED. Any use of the Material other than as permitted by this Agreement will violate this Agreement and may infringe upon our rights or the rights of the third party that owns the affected Material. You agree to report any violation of this Agreement by others of which you become aware. You are advised that Verdant Creations will aggressively enforce its rights to the fullest extent of the law. Verdant Creations may add, change, discontinue, remove or suspend the display of or access to any of the Material at any time, without notice and without liability.
Copyright © www.verdantcreationswv.com All Rights Reserved.
All information at this Website is protected under the copyright laws of the United States and other countries. In addition, certain information may have been copyrighted by others. Unless otherwise specified, no one has permission to copy, redistribute, reproduce or republish in any form, any information found at this Website. Inquiries about permission should be directed to:
Contact
www.verdantcreationswv.com
generalwv@verdantcreations.com
No Resale/Exploitation
You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Site for any commercial purpose. Non-United States Residents: Verdant Creations operates the Website in the United States. Verdant Creations makes no representation that the Materials are appropriate or available for use in locations other than the United States. If you access the Site from locations outside of the United States, you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Enforceability
In the event any part of this Website is declared by any court or other judicial or administrative body to be null, void or unenforceable, said provision shall survive to the extent it is not so declared, and all other provisions of this Website shall remain in full force and effect.
Governing Law
Use of this Website shall be governed by applicable United States of America federal and state laws.