Elevated San Francisco Terms of Service
Last Updated: December 15, 2020.
Welcome to Elevated San Francisco. Elevated San Francisco (“Elevated San Francisco”, “we” or “us”) offers various services to you through our website (www.elevatedsf.com), conditioned on your agreement to the following Terms of Service. Your use of the website constitutes your agreement to these Terms of Service. These Terms of Service are subject to change at any time, without prior notice. You are responsible for reviewing these Terms of Service regularly.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION, INCLUDING THE DISPUTE RESOLUTION SECTION WHICH CONTAINS A MUTUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRES THAT YOU AND PURPLE STAR RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS.
Subject to the terms and conditions of this Agreement, Elevated San Francisco will provide you with access to the Services during the term of this Agreement. The “Service” includes any services provided to you through www.elevatedsf.com (“Site”) or otherwise provided to you by Elevated San Francisco.
2. Age Minimum
You must be at least 21 years old to use the Services. By using the Services, you represent and warrant that you are at least 21 years old and have the authority and capacity to enter into and abide by the Terms of Service. Users over the age of 18 but under 21 may, in certain circumstances, be permitted to order medical cannabis with a valid doctor’s recommendation pursuant to the laws of your jurisdiction. Elevated San Francisco reserves the right to determine a minimum age for any user and you agree that you will not use or attempt to use the service unless you are of qualifying age.
3. Disclaimers & Acknowledgements
You expressly agree and acknowledge that Elevated San Francisco is a licensed medical or adult-use cannabis retailer. You expressly acknowledge and understand that cannabis is listed on Schedule I of the United States Controlled Substances Act. Under the laws of the United States of America, manufacturing, distributing, dispensing or possession of marijuana is illegal, and individuals are subject to arrest and/or prosecution for doing so. You acknowledge that medical use is not recognized as a valid defense under federal laws regarding cannabis and that the interstate transportation of marijuana is a federal offense.You expressly acknowledge and understand that the use, possession, cultivation, manufacturing, transportation, and distribution of cannabis is illegal in your state of residence and where you are located unless done in complete compliance with the state’s laws.
4. Use of Third Party Services
As a part of our Service, we may offer integrations with web sites and applications operated by various third parties and are not responsible or liable for any acts or omissions created or performed by these third parties, including any difficulties accessing their services. We provide such integrations for your convenience and reference only. We do not operate or control in any way any information, software, products or services available on such web sites or applications. Our inclusion of an integration with a web site or an application does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
5. Disclaimers and Limitations
The Service is provided “As is.” Elevated San Francisco and its affiliates disclaim any warranty of any kind, express or implied, as to any matter relating to the Services including without limitation the implied warranties of merchantability and fitness for a particular purpose.
WE AND/OR OUR SUPPLIERS, ARE NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE.
We are not responsible for any errors or delays caused by an incorrect email address provided by you or other technical problems beyond our reasonable control. It is your responsibility to ensure that Elevated San Francisco has updated email addresses and contact information.
7. Cancellation and Termination
You can give us notice to terminate this Agreement by providing notice 30 days in advance. Termination shall not affect any rights or obligations of the parties, including the payment of amounts due, which have accrued up to the date of such termination.
Elevated San Francisco reserves the right in its sole discretion, and without any prior notice, to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any/all current and future use of the Service. Elevated San Francisco shall not be liable to you or any third party for any modification or discontinuation of the Service.
You may unsubscribe from any further marketing communications from us at any time by delivering a written notice addressed to firstname.lastname@example.org. You shall be responsible for ensuring delivery of the notice to us. You may also unsubscribe by clicking the Email Preferences link or the opt-out link in any of our emails. We shall not be obligated to store any data or files for more than ninety (90) days after termination of your access to the Service. Notwithstanding any request to unsubscribe from emails, Elevated San Francisco may still email you regarding administrative matters, such as billing and/or changes to our service or Terms of Service.
8. Data Fees & Usage
Elevated San Francisco is not responsible for any fees or usage charges you incur using the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services.
You understand and acknowledge that you may incur fees or charges from Elevated San Francisco or other third parties in connection with the goods and services purchased or facilitated through the Services. All charges will be identified in your cart prior to or during checkout.
10. Dispute Resolution
Any claim or controversy arising out of or relating to the use of our Service, to the goods or services provided by us, or to any acts or omissions of other users for which you may contend we are liable, including but not limited to any claim or controversy (“Dispute”), shall be finally, and exclusively, settled by arbitration in San Francisco, California, from which arbitration there shall be no appeal. The arbitration shall be held before one arbitrator. The arbitrator shall be selected pursuant to the AAA rules. The arbitrator shall apply the substantive law of the state of California, except that the interpretation and enforcement of this arbitration provision shall be governed by the U.S. Federal Arbitration Act. To begin the arbitration process, a party must make a written demand therefore. Each party shall bear its own costs and attorneys’ fees. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOU ACKNOWLEDGE AND AGREE THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and we otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.
11. Class Action/Jury Trial Waiver
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. THE FOREGOING WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
By entering into this Agreement and using the Services, you agree to defend, indemnify and hold Elevated San Francisco, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, users, employees, attorneys and agents harmless from and against any and all third-party claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with this agreement.
13. Intellectual Property
All contents of the Service are the intellectual property of Elevated San Francisco, except those contents specifically attributed to its third party affiliates. Elevated San Francisco shall own all right, title, and interest in and to Service, including all modifications, improvements, upgrades, and derivative works thereto. No intellectual property rights are assigned or transferred by Elevated San Francisco hereunder.
IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS, PLEASE EXIT THIS WEBSITE AND SERVICE IMMEDIATELY.