TERM OF USE

Last Modified: February 2024

Acceptance of the Terms of Use

These Website Terms of Use constitute a binding agreement (“Terms,” “Terms of Use,” or “Agreement”) between you and the Oakfruitland family of companies, including without limitation West Coast Premium Medz, Inc., a California corporation, and OFL Delivery Sacramento LLC, a California limited liability company (collectively, “we” “us” or the “Company”).

The Terms, together with any documents they expressly incorporate by reference, govern your access to and use of this website, including any content, functionality, and products or services (the “Services”) offered on or through this website (the “Website”). Services include retail sales and age verification at stores branded or owned by the Company, as well as physical delivery of products to you. Services also include digital services provided through the Website, applications or software provided online or in conjunction with the Website, and electronic communications sent to you by the Company or its partners.

PLEASE CAREFULLY READ THESE TERMS OF USE, WHICH INCLUDE AN ARBITRATION AGREEEMENT AND CLASS ACTION WAIVER. BY USING THE WEBSITE OR COMPANY SERVICES, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT, WHETHER OR NOT YOU ARE A REGISTERED USER OF OUR SERVICES. IF YOU DO NOT AGREE TO THE TERMS OR CANNOT ABIDE BY THE TERMS, DO NOT USE COMPANY’S SERVICES, INCLUDING ITS WEBSITE.

A complete statement of the Company’s current Privacy Policy can be found on the Website at here. By using Company’s Services, including the Website, you agree to be bound and abide by the Company’s Privacy Policy that is expressly incorporated into this Agreement by this reference.

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

No Use by Persons Under 21 Years Permitted

This Website is offered and available to users who: (A) are either (i) twenty-one (21) or older; or (ii) eighteen (18) or older and in possession of a valid medical marijuana identification card or physician’s recommendation; (B) reside in the State of California; and (C) can willingly and knowingly enter into legally binding contracts under applicable law. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Modifications to Terms

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out below will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Please note the date on which these Terms were last updated. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you. You are responsible ensuring that all persons who access the Website through your internet connection or computer are aware of these Terms of Use and comply with them.

Modifications to Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

We reserve the right to withdraw or amend this Website, and any product, service or material we offer or provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

Accounts and Account Security

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, found at the internet address first mentioned above, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. Some Services may also be available via a social login from your authorized social networking service account (Facebook or Google or Instagram or similar “social networking” services, each an “SNS”). If you wish to access the Service via your SNS credentials, you must have a valid account on the SNS through which you connect to the Services, which will then enable you to complete registration on the Services.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you will exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You are solely responsible for any and all use of your account, and the activity that occurs on your account. You are entirely responsible for maintaining the confidentiality of your password.

You may not use the account, username, password, or personal information of someone else at any time. You may not create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. Additionally, you may not impersonate someone else. The Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

Email and Mobile Device Communications

By providing your email address or phone number to the Company via the Internet or in person, you are consenting to receive marketing communications from the Company until you opt out, including SMS text messages to your mobile devices. You can opt out of marketing communications at any time by sending your request to contact email address provided below in accordance with the rules published in Company’s Privacy Policy, or by clicking the “Unsubscribe,” “Opt Out,” “Cancel,” or “Stop” links in promotional communications you receive, if such links are present. Opting out may prevent you from receiving email messages regarding updates, improvements, or special offers.

Note that if you provide your email address to Company, you consent to receive service messages (“Service Messages”) from Company, which includes notices about Company’s communications, your inquiries to Company, your transactions, and other notices, including notices required by law, in lieu of postal mail. You may not opt out of Service Messages, since the Company may be legally required to inform you of important facts.

You are responsible for paying mobile network carrier fees, taxes, and other charges related to the receipt of email and SMS text messages from Company to your mobile device. Though you may access the Service via a mobile device, Company shall not be liable for any delay in performing or failure to perform any obligation hereunder by circumstances beyond our reasonable control including (without limitation) any technical problems beyond the control of Company such as (for example) defects, congestion or failures of capacity or otherwise in the public data or telephone or mobile carrier network or caused by atmospheric interference, your mobile device being turned off for an extended period of time so that messages are not retained, or your being unable to obtain mobile network coverage.

If you change or deactivate the phone number you provided to us, you agree to update your account information as soon as practical to help prevent us from inadvertently communicating with anyone who acquires your phone number. You agree that texts, calls, or prerecorded messages may be generated by automatic telephone dialing systems and hereby waive your right to pursue any claims arising under the Telephone Consumer Protection Act (“TCPA”). To the extent any claim under the TCPA is deemed non-waivable, you agree that by using the services or accessing the Site, any such non-waivable claim arising under the TCPA will be arbitrated per the Arbitration section below.

Terms of Sale

Any purchases through this Website or other transactions for the sale of goods or services formed through the Website, or resulting from visits made by you to the Website or Company’s physical location(s), are governed by these Terms of Sale.

Order Acceptance and Cancellation.

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

Prices and Payment Terms.

Prices posted on this Website may be different than prices offered by us at our physical locations. All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices may not include taxes or charges for delivery. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

We may offer from time to time promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

Terms of payment are within our sole discretion. Payment of fees is not contingent on any events other than the receipt of the ordered products or services. Any costs incurred in collection of delinquent undisputed amounts, including attorney fees or court costs, are your responsibility.

When ordering products or using our services, you must provide accurate and complete information as requested in order for us to process your transaction. It is your responsibility to promptly provide us with any contact or billing information changes or updates (including phone number, email address, physical address, credit card numbers, etc.).

You represent and warrant that (i) any payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored any payment provider you use, and (iv) you will pay charges incurred by you at the posted prices, including delivery charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.

All sales are final, non-cancelable, and non-refundable except as expressly set forth in these Terms of Use or as otherwise determined by us in our sole discretion.

You are responsible for paying any applicable sales, excise or use tax, duties, or other governmental taxes or fees payable in connection with products or services you purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Company reserves the right to collect such taxes or other fees from you at any time.

Deliveries; Risk of Loss

For delivery orders, we will arrange for shipment of the products to you. You will pay any applicable delivery charges specified during the ordering process. Title and risk of loss pass to you upon delivery. Delivery times and dates are estimates only and cannot be guaranteed. We are not liable for any delays in delivery.

Additional Terms

Additional terms and conditions may also apply to specific portions, services, or features of the Website, including but not limited to terms on: (i) exchanges and refunds, (ii) rewards programs, and (iii) special offers or discounts. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Acknowledgement of Federal Law

You expressly acknowledge that the Company’s Services are for residents with laws regulating medical or the recreational use of cannabis only and that medical cannabis collectives and patients are established pursuant to their respective State’s laws. Cannabis is included on Schedule 1 of the Controlled Substances Act. Under the federal laws of the United States of America, manufacturing, distributing, dispensing or possession of cannabis is illegal, and individuals are subject to arrest and/or prosecution for doing so. You further acknowledge that medical use is not recognized as a valid defense under federal laws regarding cannabis. You also acknowledge that the interstate transportation of cannabis is a federal offense.

Acknowledgement of California Law

You expressly acknowledge that the use, possession, cultivation, transportation and distribution of cannabis is illegal in California unless all participants are acting completely within the scope of California’s medical and adult-use cannabis laws, including, but not limited to the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), and any amendments thereto.

PROP 65 WARNING: PRODUCTS SOLD BY THE COMPANY CONTAINING CANNABIS CONTAIN CHEMICALS KNOWN TO THE STATE OF CALIFORNIA TO CAUSE CANCER, OR BIRTH DEFECTS OR OTHER REPRODUCTIVE HARM.

You acknowledge that the Company has warned you of such potential harm and that you are aware of such potential harm.

Acknowledgement of the Laws of User’s State of Residency

The Company has its principal place of business is California. Even though the Website may be accessed outside of California, the services offered by the Company are available only to users located in California. In all events, you must abide by and follow the laws of the state in which you are a resident. You expressly acknowledge and assume full responsibility for cooperating with the laws of the state of your residency.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

· Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

· You may store files that are automatically cached by your Web browser for display enhancement purposes.

· You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

· If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

· Modify copies of any materials from this site.

· Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

· Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks and No Licenses

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners. Nothing contained on this Website, or presented by any other Services, should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by the Company or by any third party. You must not use such intellectual property without the prior written permission of the Company.

If you have evidence, knowledge, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material; (d) information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s at the email address provided below.

User Content

If you send or post information (“User Content”) to the Company or its Services, including photos, messages, or commentary, you grant the Company a perpetual worldwide license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, sell, transfer, or reformat your User Content without limitation, notice, or compensation to you. The Company has the right but not the obligation to monitor and edit or remove any activity or User Content in its sole and absolute discretion.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

· In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

· For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

· To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

· To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

· To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

· Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

· Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

· Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

· Use any device, software, or routine that interferes with the proper working of the Website.

· Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

· Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

· Otherwise attempt to interfere with the proper working of the Website.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

This Website may provide certain social media features that enable you to:

· Link from your own or certain third-party websites to certain content on this Website.

· Send emails or other communications with certain content, or links to certain content, on this Website.

· Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

· Establish a link from any website that is not owned by you.

· Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

· Link to any part of the Website other than the homepage.

· Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

The Company has no control over, and no liability for, any third party websites or materials. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. This includes links contained in advertisements, including banner advertisements and sponsored links. The Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and the Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of our Services including our Website, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that the Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content. Your dealings with or participation in promotions of advertisers to which you opt-in and/or find on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that the Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

Geographic Restrictions

The owner of the Website is based in the State of California in the United States. We provide this Website for use only by persons located in the United States and, specifically, California. We make no claims that the Website or any of its content is accessible or appropriate outside of California or the United States. Access to the Website may not be legal by certain persons or in certain states or countries. If you access the Website from outside California or the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

ALL PRODUCTS AND SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

YOU AFFIRM THAT COMPANY IS NOT LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF A MANUFACTURER’S OR OTHER THIRD PARTY’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

Additional Disclaimers

Cannabis and Cannabis Product Disclaimer

CANNABIS IS A SCHEDULE 1 CONTROLLED SUBSTANCE UNDER THE CONTROLLED SUBSTANCE ACT (21 U.S.C. 802) (CSA) AND THE CULTIVATION, DISTRIBUTION, AND POSSESSION OF CANNABIS IS A CRIME UNDER FEDERAL LAW. KEEP ALL CANNABIS AND CANNABIS PRODUCTS OUT OF REACH OF CHILDREN AND ANIMALS. INTOXICATING EFFECTS OF CANNABIS AND CANNABIS PRODUCTS MAY BE DELAYED UP TO TWO (2) HOURS. USE OF CANNABIS WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL. CONSUMPTION OF CANNABIS AND CANNABIS PRODUCTS IMPAIRS YOUR ABILITY TO DRIVE AND OPERATE MACHINERY, PLEASE USE EXTREME CAUTION.

Assumption Of Liability

YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS INCURRED AS A RESULT OF YOUR CONSUMPTION OF CANNABIS OR CANNABIS PRODUCTS OBTAINED FROM THE COMPANY. ALTHOUGH THE WEBSITE AND EMPLOYEES OF COMPANY MAY PROVIDE INFORMATION REGARDING THE CANNABIS AND CANNABIS PRODUCTS AVAILABLE FROM COMPANY, INCLUDING BUT NOT LIMITED TO POTENCY, PHARMACOLOGICALLY ACTIVE INGREDIENTS, SOURCE OF CULTIVATION, RECOMMENDED USES AND BENEFITS, AND ALL OTHER DESCRIPTIONS OR INFORMATION (COLLECTIVELY “CANNABIS INFORMATION”), SUCH CANNABIS INFORMATION SHOULD IN NO WAY BE CONSTRUED AS MEDICAL ADVICE. ALL CANNABIS INFORMATION IS PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE UNDER ANY CIRCUMSTANCE. ALWAYS CONSULT YOUR PRIMARY CARE PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER PRIOR TO USING CANNABIS OR A CANNABIS PRODUCT FOR TREATMENT OF A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR FAIL TO SEEK IT FOLLOWING RECEIPT OF CANNABIS INFORMATION FROM THE WEBSITE OR COMPANY LOCATION IF YOUR USE OF CANNABIS IS TO TREAT A MEDICAL CONDITION. THE COMPANY CANNOT GUARANTEE THE ACCURACY OF ANY CANNABIS INFORMATION PROVIDED ON THE WEBSITE; DO NOT RELY ON SUCH CANNABIS INFORMATION.

ANY PRODUCT INFORMATION BELONGING TO COMPANY CLIENTS OR ANY THIRD PARTY THAT MAY BE PROVIDED ON OUR WEBSITE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. DO NOT RELY ON SUCH PRODUCT INFORMATION.

Limitation on Liability

THE COMPANY’S LIABILITY TO YOU IS LIMITED.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE INDIVIDUAL PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising out of or related to it (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website must be instituted exclusively in the courts of the State of California, in each case located in the City and County of San Francisco, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your state or country of residence or any other relevant state or country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Class Action Waiver

Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. Your access and continued use of the Website signifies your explicit consent to this waiver.

Arbitration

At Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Use, use of the Website, or products or services offered on the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the JAMS Comprehensive Arbitration Rules and Procedures applying California law. If the Company requires arbitration, the following terms will apply:

The arbitrator will have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. The parties agree to arbitrate solely on an individual basis and that this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of this arbitration agreement will remain in force.

You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to Company within 60 days of the date you first utilize the Website. Opting out of this agreement to arbitrate has no effect on the other provisions of these Terms of Use or any other agreement between you and the Company.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, including our Privacy Policy, constitute the sole and entire agreement between you and Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

California Consumer Rights Notice

California Civil Code Section 1789.3 requires the following specific consumer rights notice be provided to California Website users: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

Opting Out

Any person may opt out of receiving marketing communications at any time by emailing delivery01@oakfruitland.com.

Your Comments and Concerns

This website is operated by Oakfruitland, 1940 Embarcadero, Oakland, CA 94606.

All feedback, comments, requests for technical support, notices, and other communications relating to the Website should be directed to: delivery01@oakfruitland.com

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BERRIES AND CREAM | Gummy