Terms of Use | Blissful Reset Heali

This constitutes a binding agreement ("Terms," "Terms of Use," or "Agreement") between you and Blissful Reset Healing Center, a Colorado company, (“Company").

These Terms apply to all services provided by COMPANY ("Services") where information is collected from or about you, or where data from or about you is used. Services include retail sales and age verification at stores branded or owned by COMPANY ("Stores"), as well as physical delivery of products to you ("Delivery Service"). Services also include digital services provided through the Internet website located at www.blissfulreset.com (the "Website" or "Site"), applications or software provided online or in conjunction with the Website, and electronic communications sent to you by COMPANY or its partners (collectively, "Digital Services").

By using COMPANY Services or accessing the Website after the “Last Updated Date”, you affirm that you are of legal age to enter into this Agreement, and 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, do not use Company's Services, including its Website.

You may not order or obtain products from the Website if you (a) do not agree to these terms, (b) are not at least 21 years of age, (c) able to legally consent to form a binding contract with COMPANY, or (d) are prohibited from accessing or using this Website or any of this Website’s contents or goods by applicable law.

PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS OR CLASS ACTIONS..

This Agreement is published on the Company's Website at www.blissfulreset.com. To access it, visit the Website, and click on the "Terms of Use" hyperlink, or visit: https:// www.blissfulreset.com/termsofuse.

The Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of the Company’s current Privacy Policy can be found on the Website by visiting www.blissfulreset.com, and then clicking on the Privacy Policy hyperlink, or by visiting: https:// www.blissfulreset.com

By using Company's Services, including the Website, you agree to be bound by the Company's Privacy Policy that is expressly incorporated into this Agreement by this reference.

Legal Disclaimers

By using Company's Services, including the Website, you agree to be bound by the Company's Legal Disclaimers published on the Website that are expressly incorporated into this Agreement by this reference. To access the Legal Disclaimers, visit the Website at www.milehighmycolabs.com, and then click on the Legal Disclaimers hyperlink.

Account Information

You must create an account and provide certain information about yourself (become a “Member”) in order to use some of the features that are offered through the Services. You can create an account for some Services on the Website, or by visiting a licensed cannabis dispensary. 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. Your membership account gives you access to the Services and functionality that we may establish and maintain from time to time and at our sole discretion. You may use your account settings to control your Member Profile if applicable.

When you sign up to become a Member, you must complete the registration process by providing the complete and accurate information requested on the registration forms. You may also be asked to provide your email address and/or phone number, as well as choose a username and password. Member accounts are limited to one account per person. You may not create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple Membership Accounts. Additionally, you may not impersonate someone else. 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 agree to notify the Company immediately of any unauthorized use of your account, username, or password. You are solely responsible for any and all use of your account, and the activity that occurs on your account. 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 Communications

By providing phone number to COMPANY via the Internet or in person, you are consenting to receive marketing communications from COMPANY via email or SMS text messages until you opt out. Communications may be sent to your email address, to the mobile number associated with your mobile device, or both. Note that if you provide your email address or mobile number to COMPANY, you consent to receive service messages ("Service Messages") from COMPANY, which includes notices about COMPANYSs 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 COMPANY may be legally required to inform you of important facts.

You can opt out of marketing communications at any time by sending your request to info@milehighmycolabs.com 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. In the event you elect to opt-out of communications to your mobile device, you may receive an additional message from the Service confirming your election. Note that opting out may prevent you from receiving email messages regarding updates, improvements, or special offers.

The Company does not warrant that the text messaging service controlling messages to your mobile device will be uninterrupted or error free.

Standard messaging and data rates apply. 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 defects, congestion, failures of mobile network and mobile data capacity, 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.

Product Purchases, Billing, and Payment

You acknowledge that Company may charge a fee for the use of any Services, provided that Company notifies you of any such fee before you incur it. Subject to the foregoing, you agree to pay any fees incurred by you, including fees for products or delivery you order via the Services. Fees owed depend on the specific type and quantity of Company products, services, information, or deliverables (collectively “Products”) ordered. Payment of fees shall not be contingent on any events other than the receipt of the ordered Products. All prices, discounts, and promotions posted on the Site are subject to change without notice. Prices posted on this Site may be different than prices offered by us and other retailers both on the internet and at physical locations. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by you. If payment is not current, Company may immediately cease to provide any and all Services to you

We may offer from time to time promotions on the Site 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.

When ordering Products or using our Services, you must provide accurate and complete information as requested in order for us to process your transaction. We accept most major credit cards and debit cards for online orders. If ordering directly from the Website, you represent and warrant that (i) the credit or debit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit or debit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order. 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.). Account updates should be made by contacting us at info@milehighmycolabs.com.

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

All prices specified in descriptions of the Services are recommended retail prices. Prices are current at the time of publication and are subject to change without notice. All pricing is in United States dollars.

You are responsible for paying any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with Products 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.

Shipments; Delivery; Title and Risk of Loss

We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.

Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipment

Rewards Program

At its sole discretion, COMPANY may offer you rewards points when you purchase COMPANY products. Rewards points can only be applied toward purchases and cannot be redeemed for cash. If you delete your COMPANY customer profile, any points you have accrued will become inaccessible and unredeemable.

Exchanges and Refunds

For a limited time determined by us, we may offer exchanges for some cannabis or apparel goods you purchase from us, provided they remain in their original and perfect saleable condition. See the COMPANY Exchange and Refunds Policy on the COMPANY website, or call your nearest store for current exchange details. Note that the sale of all discounted and promotional items are final and cannot be exchanged. COMPANY items purchased in licensed cannabis dispensaries are subject to the purchase locations return and/or exchange policy. No refunds are permitted on discounted and promotional items, nor on items that cannot be resold in perfect, unused condition.

User Content

If you send or post information (“User Content”) to COMPANY or its Services, including photos, messages, or commentary, you grant 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.

Intellectual Property

This site and all of its contents (the “Content”) are the sole property of COMPANY. This includes the graphics, logos, interface, layout, design, sounds, text, color scheme, blog posts, press releases, product names, product descriptions, ingredient lists, trademarks, software code, menus, and all other materials on this site. You are not entitled to use, in any way, any of the intellectual property on this site for any reason without the written permission of COMPANY prior to such use.

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non transferable, non-sublicensable license to access and make personal and non-commercial use of the Content on this site. This license does not allow you to resell or make any commercial use of the site, its Contents or our products sold through the site; make any derivative use of any of our Content; download, copy, or other use any Content or account information for the benefit of any third party; or use any data mining, robots, or similar data gathering and/or extraction tools. All rights not expressly granted to you in this Agreement are reserved and retained by us or our licensors, suppliers, publishers, rightsholders, or other content providers. No Content on, or product sold through, this site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior express written consent. You may not misuse our products or Content. You may use our site only as permitted by law and this Agreement. The licenses we have granted you terminate if you do not comply with this Agreement.

This site may contain logos, trademarks, or other intellectual property belonging to third parties not affiliated with COMPANY. You are responsible for complying with all legal obligations and the intellectual property policies related to any use by you of any third party’s intellectual property displayed on this site. You agree to indemnify and hold harmless COMPANY for any use by you of any third party’s intellectual property or proprietary information displayed on this site.

The Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website and its other Services. The Company has adopted a policy that provides for the immediate suspension and/or termination of any Website or other Services user who is found to have infringed on the rights of the Company or of a third party, or otherwise violated any intellectual property laws or regulations. The Company’s policy is to investigate any allegations of copyright infringement brought to its attention. 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 designated agent at: COMPANY Corporation, Attn: Website Administrator, 1135 Westminster Ave. Suite J. Alhambra, CA. 91803 or via email at info@milehighmycolabs.com

Trademarks

All trademarks, service marks, and trade names of the Company used in its Services, including on its Website, are trademarks or registered trademarks of the Company.

Restrictions

You agree not to use any automated systems, including, without limitation, "robots," "spiders," "web crawlers," "screen scrapers," "page scrapers," "offline readers," "bot" or "Denial of Service" traffic generators, or similar tools that access the Website or other Digital Services in a manner that sends more request messages to our network than a human can reasonably produce in the same period of time by using a conventional online web browser.

You will not attempt to gain unauthorized access to any portion or feature of Company's Services, including its Website, or any other databases or systems or networks connected to these services, or to any of the services offered on or through the Website, by hacking, password "mining," or any other illegal means.

Accessing, collecting, and/or harvesting Members' information stored on the Website or in other Digital Services, including, but not limited to, their personally identifiable information, are prohibited.

You agree not to frame the COMPANY Website or other Digital Services in browser frames, or otherwise reroute or alter content from Company's Digital Services enroute to a visitor's browser.

You agree not to use any portion of the Services as a source or destination for unsolicited bulk messages or unsolicited commercial messages.

You agree not to impersonate Company employees in any electronic message sent to Company or its Members.

Appropriate legal action will be taken for any illegal or unauthorized use of the Services.

Violations

The Company reserves the right to terminate your use of the Website and/or other Services in its sole and absolute discretion and without notification or compensation to you. To ensure that the Company provides a high-quality experience for you and for other users of the Services, you agree that the Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Services. The Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but the Company reserves the right to terminate your account or your access to the Services immediately, with or without notice to you, and without liability to you, if the Company believes that you have violated any of the Terms of Use, furnished the Company with false or misleading information, or interfered with use of the Website or other Services.

No Warranties

THE COMPANY HEREBY DISCLAIMS ALL IMPLIED WARRANTIES. COMPANY’S SERVICES, INCLUDING, BUT NOT LIMITED TO, ITS WEBSITE, IN-STORE SERVICES, DELIVERY, AND REWARDS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SERVICES, WHETHER THEY ARE PROVIDED IN-PERSON OR THROUGH THE INTERNET. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY, ITS AFFILIATE ENTITIES, SUBSIDIARIES, AND LICENSORS DO NOT WARRANT THAT THE CONTENT WITHIN THE SERVICES IS ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL CONTENT. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limited Liability

The Company’s liability to you is limited. To the maximum extent permitted by law, in no event shall the Company, its Affiliate entities, officers, directors, employers, agents or licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages of any kind (including, but not limited to, damages for lost profits, goodwill, use, lost data, or other intangible losses) regardless of the foreseeability of those damages, arising out of or in connection with your use of, or inability to use, the Services.

To the maximum extent permitted by applicable law, the Company assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content provided by or in relationship to the Services; (ii) any unauthorized access to or use of our servers and/or any and all personal information stored therein; (iii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services, including any purchases made therein; (iv) any interruption or cessation of transmission to or from the Services; (v) any bugs, viruses, worms, trojan horses, ransomware, malware, or the like that may be transmitted to or through the Services by any third party; (vi) user content that is defamatory, offensive, infringing, or user conduct that is illegal. In no event shall the Company, its Affiliate entities, officers, directors, employers, agents or licensors be liable to you for any claims, proceedings liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to the Company hereunder.

This limitation of liability section shall apply regardless of whether the alleged damages arise out of breach of contract, tort, or any other legal theory or form of action, even if the Company has been advised of the possibility of such damage.

Affiliated Websites

The Company has no control over, and no liability for, any third party websites or materials. The Company works with a number of partners and affiliates whose Internet sites may be linked with our Digital Services, including our Website. Because neither the Company nor our Digital Services have control over the content and performance of these partner and affiliate sites, 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 Digital 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. The Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

Prohibited Uses

The Company imposes certain restrictions on your permissible use of the Services, including the Website. You are prohibited from violating or attempting to violate any security features of the Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, test, or exploit vulnerabilities of the Services, including the Website, or any associated system or network, or to breach security or authentication measures without proper written authorization from the head of the Company's Information Security department; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus or other malware to the Services, or overloading, flooding, spamming, mail bombing, crashing, or denying service to the Services; (d) using the Services to send unsolicited e-mail or text messages, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header, email header, mobile device identifier, or any part of the header information in any e-mail or text message or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing its Services. Any violation of system or network security may subject you to civil and/or criminal liability.

Indemnity

You will indemnify and hold COMPANY and its subsidiaries, affiliates, licensors, content providers, employees, agents, officers, directors, and contractors (collectively, the “Indemnified Parties”) harmless from any breach of this Agreement by you, including any use of intellectual property other than as expressly authorized by COMPANY. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, attorney’s fees, and expert witness fees of the Indemnified Parties in connection therewith. You will indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from use of the Services.

Governing Law

These Terms of Use shall be construed in accordance with and governed by the laws of the State of Colorado, without reference to their rules regarding conflicts of law provision or rule (whether of the State of Colorado or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Colorado.

Waiver of the Defense of Illegality

YOU HEREBY AGREE TO WAIVE ANY DEFENSE AGAINST THE ENFORCEMENT OF THIS AGREEMENT BY US ARISING OUT OF THE DOCTRINE OF ILLEGALITY UNDER FEDERAL LAW AND/OR ANY PUBLIC POLICY ARGUMENTS SURROUNDING THE SUBJECT MATTER OF THIS AGREEMENT OR ANY PRODUCTS PURCHASED FROM US.

Arbitration

YOU AND COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

Any dispute, claim, interpretation, controversy, or issues of public policy arising out of or related to this Agreement, including the determination of the scope or applicability of this Section, that is arbitrable will be determined exclusively by arbitration held in and will be governed exclusively by the Colorado Revised Arbitration Act, §§ 13-22-201, et seq., C.R.S. (the “CRAA”).

The arbitrator will be selected from the roster of arbitrators at Judicial Arbiter Group, Inc. in Denver, Colorado (“JAG”), unless the Parties agree otherwise. If the Parties do not agree on the selection of a single arbitrator within ten days after a demand for arbitration is made, then the arbitrator will be selected by JAG from among its available professionals. Arbitration of all disputes and the outcome of the arbitration will remain confidential between the Parties except as necessary to obtain a court judgment on the award or other relief or to engage in collection of the judgment.

The Parties irrevocably submit to the exclusive jurisdiction of the state courts located in Denver, Colorado, with respect to this agreement to compel arbitration, to confirm an arbitration award or order, or to handle court functions permitted under the CRAA. The Parties irrevocably waive defense of an inconvenient forum to the maintenance of any such action or other proceeding. The Parties may seek recognition and enforcement of any Colorado state court judgment confirming an arbitration award or order in any United States state court or any court outside the United States or its territories having jurisdiction with respect to recognition or enforcement of such judgment.

The Parties waive (i) any right of removal to the United States federal courts and (ii) any right in the United States federal courts to compel arbitration, to confirm any arbitration award or order, or to seek any aid or assistance of any kind.

Prior to resolution or a decision by the arbitrator, each party shall bear its own costs and expenses and an equal share of the arbitrators expenses and administrative fees of arbitration. The arbitrator shall award all costs, reasonable attorneys' fees, and expenses of the arbitration proceeding to the substantially prevailing party, as determined by the arbitrator.

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

Severability Waiver

If any part of this Agreement is found by a court to be invalid, illegal, or unenforceable, that provision will be deemed severed from this Agreement and will not affect the validity or enforceability of the remaining provisions of this Agreement.

No License

Nothing contained on the COMPANY 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.

Modifications

The Company may, in its sole and absolute discretion and without notice, (a) revise these Terms of Use; (b) modify the Website and/or other Services; and (c) discontinue the Website and/or Services at any time or from time to time. The Company shall post any revision to these Terms of Use to the Website, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Website periodically to be aware of any revisions. You agree that, by continuing to use or access the Website following notice of any revision, you shall abide by any such revision.

Availability and Use Outside of the United States

The Services are controlled, offered, and operated from facilities in the United States. The Company makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found in, on, and through the Services are solely directed to individuals located in the State of California. Notwithstanding the foregoing, the Company retains all rights, including all intellectual property rights, to the Services and the content therein, throughout the world.

Notification Procedures

The Company may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email or text message notice, written or hard copy notice, or through conspicuous posting of such notice on the Website or on other Services, as determined by Company in our sole discretion, and even if you have opted out of other communications. Company reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in this Agreement.

California User Notice

Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: 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.

Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

No Waivers

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of COMPANY.

No Third-Party Beneficiaries.

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

Entire Agreement

Our order confirmation, this Agreement, our Legal Disclaimers, and our Privacy Policy will be deemed the final and integrated agreement between you and COMPANY on the matters contained in this Agreement.

Natural Medicine Disclaimer and Release of Liability

You acknowledge and accept Company has agreed to provide certain goods and services related to Natural Medicines. Natural Medicines are those plants and fungi now legal under Colorado state law under the Natural Medicine Health Act (“NMHA”), also known as Proposition 122, codified in C.R.S. § 12-170-101 et seq. These Natural Medicines remain illegal under federal law. Company is not encouraging the violation of any law by you. You are responsible for obtaining independent legal advice as to the legality and other risks associated with Natural Medicines.

The Services outlined in this Agreement are intended to strictly comply with all relevant provisions of the NMHA. You acknowledge that Company is not selling or being compensated in any way for Natural Medicines and you are only paying for the Company’s Services. You also understand and acknowledge that the use of Natural Medicines, such as psilocybin, may involve risks to Releasor including, but not limited, to: (i) risks inherent in the nature of the Natural Medicines as explained below, and (ii) risks caused or complicated by any mental, physical or emotions conditions any Releasor may have.

Being fully informed as to risks and in consideration of the Services, You forever release, indemnify, and hold harmless Company from any and all claims, counterclaims, damages, defenses, setoffs, recoupments, debts, demands, causes of action, suits, obligations, losses, costs, expenses, and liabilities of any nature whatsoever, in law or in equity, whether known or unknown, fixed or contingent, including but not limited to those arising from the Services and Natural Medicines. You covenant not to sue Company, or any of Company’s principals, contractors, or agents, and you waive any right of recovery, whether known or unknown, that You may have to bring a claim or a lawsuit against Company for any personal injury, death, damage to personal property or other injury arising from the Services and Natural Medicines, whether arising from a theory of any tort, including negligence, or any other theory in law or equity. The Release shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.