Terms and Conditions
Last updated: July 5, 2019
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://airganja.com website (the “Service”) operated by Ganjarunner, Inc. (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access the Service.
By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email or text message we may send.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be required to supply certain information relevant to your Purchase including, without limitation, your name, your delivery location address, your credit card number, the expiration date of your credit card, your billing address, your shipping information, your driver’s license or other form of identification, and, if applicable, proof of your status as a medical cannabis patient. You will be asked to verify your identity, age, and if applicable, medicinal cannabis patient status by the delivery driver delivering your products.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. We make every effort to ensure that the information we provide about the products featured by retailers on the Service does not vary from the product information required to be disclosed on their respective labels in compliance with applicable California laws and regulations, and that the origin of all such products is identified by the name and state license number of the retailer delivering the product to you. However, because we rely on third party retail partners to provide this information to us, from time to time the information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. That said, we endeavor to ensure that all products featured on the Service comply in all respects with applicable California laws and regulations, including required packaging and labeling, and you agree to alert us immediately if you receive any products fail to comply. Additional information on these requirements is available at https://cannabis.ca.gov/consumers/
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, trademarks, intellectual rights, proprietary rights, or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (ii) 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; (iii) 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 us to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (v) 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 (vi) 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 us at email@example.com.
You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your account and password. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to copy, use, modify, publicly perform, publicly display, reproduce, edit, transmit, translate, reformat, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms, and that you will not be compensated for any Content.
Ganjarunner, Inc. has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Ganjarunner, Inc. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
You agree not to upload, download, display, perform, transmit, or distribute Content that is libelous, defamatory, obscene, pornographic, abusive, threatening, or advertises or otherwise solicits funds or is a solicitation for goods or services.
When you create an account with us, you guarantee that you are above the age of 21, or you are above the age of 18 and are legally eligible to purchase medical cannabis. You guarantee that you are legally able to agree to be bound by these Terms. You also guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. Note that age requirements for accessing the Services may be different under the cannabis laws and regulations applicable to your location; some jurisdictions will not permit you to access the Services unless you are 21, with or without a medical cannabis recommendation.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Ganjarunner, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Ganjarunner, Inc.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Ganjarunner, Inc.
Ganjarunner, Inc. has no control over, has no liability for, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Ganjarunner, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Ganjarunner, Inc. and its licensee and licensors, and their employees, contractors, agents, affiliates, consultants, representatives, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall Ganjarunner, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; (iv) someone else using your passing, either with or without your knowledge; and (v) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY DELIVERY SERVICES PROVIDED BY A CANNABIS RETAILER.
WE WAIVE, TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, ANY LIABILITY FOR THE PURCHASE, SALE, TRANSPORTATION, DELIVERY, OR USE OF ANY ITEM PURCHASED USING THE SERVICE, INCLUDING WITHOUT LIMITATION ANY CANNABIS PRODUCT. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICE COMPLIES WITH ALL APPLICABLE STATE AND LOCAL LAWS AND REGULATIONS.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. You assume the risk of any and all damage or loss from use of, or inability to use, the Service.
Ganjarunner, Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR FROM THE SERVICE SHALL CREATE ANY WARRANTY OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS.
ACKNOWLEDGMENT OF FEDERAL LAW. You expressly acknowledge and agree that use of the Service is subject to federal, state, and local law, and that such laws vary among states and localities. You further acknowledge and agree that, notwithstanding any laws in your state which allow you to access the Service, cannabis is included on Schedule 1 under the United States Controlled Substances Act, and that under the federal laws of the United States (the “U.S. Laws”), possessing cannabis is federally unlawful. You further acknowledge that the interstate transportation of cannabis is a federal crime, and you agree that any purchases you make via the Service are for your own lawful use under applicable state laws, and that you will not resell any products, or transport any products outside of your state.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in California in all disputes arising out of or related to the use of the Service.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.