Terms And Conditions
Last modified: JUNE 29TH, 2022
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR GOODS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE 21 YEARS OF AGE OR OLDER, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS, AND THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS AND CONDITIONS, (B) ARE NOT AT LEAST 21 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE STATE OR LOCAL LAW.
These terms and conditions (these “Terms”) apply to the purchase of goods or services through https://kushcartpdx.com/ (the “Site”). These Terms are subject to change by Kush Cart, LLC (referred to as “Kush Cart”, “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the Last Updated Date will constitute your acceptance of and agreement to such changes.
Acknowledgement of Federal Law.
By placing an order through the Site or otherwise using the Site, you expressly acknowledge that Kush Cart is for residents of Oregon operating in compliance with Oregon state and local laws, regulations, and policies regarding cannabis, including, medical and recreational marijuana, and hemp. Marijuana is classified as a Schedule I controlled substance under the United States Controlled Substances Act (21 U.S.C. § 801 et seq.). Under the federal laws of the United States of America, manufacturing, distributing, dispensing or possession of marijuana is illegal, and individuals are subject to arrest and prosecution based on their involvement with any Schedule I substance including marijuana. You acknowledge that compliance with Oregon law is not recognized as a valid defense under federal laws regarding cannabis. You also acknowledge that the interstate transportation of marijuana is a federal offense.
The Site is a forum for Kush Cart to connect with customers in Oregon. Users who register with the Site may use the Site to inform and interact with other users about their products, prices, services, inventory, equipment, and other commercial activities related to marijuana and hemp. Use of the Site is conditioned on compliance with Oregon cannabis laws and regulations. Use of Site to sell, buy, distribute, receive, donate or otherwise transfer marijuana, hemp, paraphernalia, or other cannabis-related products in violation Oregon law and regulations is strictly prohibited.
Order Acceptance, Cancellation and Delivery.
You agree that your order is an offer to buy, under these Terms, all goods and services listed in your order. All orders must be accepted by us or we will not be obligated to fulfill your order. 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 on your order.
Kush Cart may provide delivery to you if you are located at a residence in the city limits of Portland, Oregon. You may use the Site to verify that your address qualifies for delivery. Kush Cart reserves the right to cancel a delivery at any time. Kush Cart may only deliver to a residence. Deliveries are strictly prohibited to dormitories, hotels, motels, bed & breakfasts, or other commercial businesses. If Kush Cart is unable to verify your delivery address, or if there are safety concerns arising out of the route or destination of the delivery address, your order will be cancelled. You must show a valid form of identification showing that you are 21 or older, or 18 years or older if you are an OMMP patient, upon delivery of any product purchased on the Site. Kush Cart will verify your age by checking your identification and, if applicable, your OMPP card. Kush Cart may only make one delivery to one residence per day. You cannot make an order on behalf of someone else.
Prices and Payment Terms.
All prices, discounts, and promotions posted on this Site are subject to change without notice. The price 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 do not include taxes or charges for shipping and handling, if applicable. All such taxes and charges will be added to your order 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. 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 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.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. You represent, warrant, and covenant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit 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, if any, regardless of the amount quoted on the Site at the time of your order.
Kush Cart partners with payment processors, such as CanPay and Stronghold. Check the Site to view our current payment options. By placing an order on the Site using a payment processor, you agree to abide by their applicable terms and conditions.
To the extent not prohibited by applicable law, payments are non-refundable and we do not provide refunds or credits unless specifically authorized by Kush Cart. Drivers do not have the authority or ability to coordinate returns. Visit the return page on the Site to submit a request for a return or refund.
Manufacturer’s Warranty and Disclaimers.
We do not manufacture or control any of the products or services offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Site. However, the products and services offered on our Site are covered by the manufacturer’s warranty as detailed in the product’s description on our Site and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty.
ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, 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.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE TO YOU, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
Limitation of Liability.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
The limitation of liability set forth above shall (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct or (B) death or bodily injury resulting from our acts or omissions.
Goods Not for Resale or Export.
You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within Portland, Oregon in the United States.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Governing Law and Jurisdiction.
This Site is operated from the United States. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the state of Oregon without giving effect to any choice or conflict of law provision or rule (whether of the state of Oregon or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the state of Oregon.
Dispute Resolution and Binding Arbitration.
YOU AND KUSH CART 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 CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND KUSH CART ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
Any dispute, controversy or claim arising out of or in any way related to these terms and conditions or any transaction on this Website which cannot be amicably resolved by the parties shall be solely and finally settled by confidential arbitration administered by the Arbitration Service of Portland in accordance with its then in effect commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a single arbitrator sitting in Portland, Oregon. If the parties do not agree on an arbitrator, each party will designate an arbitrator and the arbitration will be held before a third arbitrator selected by the arbitrators designated by the parties. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of Oregon. The decision of the arbitrators shall be in writing with written findings of fact and shall be final and binding on the Parties. The arbitrator shall be empowered to award money damages, but shall not be empowered to award consequential damages, indirect damages, special damages, exemplary damages, punitive damages or specific performance. In the event of any action or proceeding at law or in equity between the parties to enforce any of the provisions these terms and conditions, the unsuccessful party to such action or proceeding shall pay to the successful party all costs and expenses, including reasonable attorneys’ fees, incurred by such successful party. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to these terms and conditions.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR KUSH CART 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 or 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.
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.
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 Kush Cart.
No Third-Party Beneficiaries.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To Us. To give us notice under these Terms, you must contact us as follows: (i) by personal delivery, overnight courier, or registered or certified mail to Kush Cart LLC at 5100 SE Harney Dr. Portland, OR, 97206. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Changes to the 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.
The owner of the Website is based in the State of Oregon in the United States. You are responsible for ensuring that any products and services purchased on the Site are legal to purchase and possess in the jurisdictions where they will be shipped. Products and services on this Site may not be legal in your local jurisdiction and you are responsible for compliance with local laws. You are encouraged to consult with an attorney regarding any questions related to any product or service offered for sale on this Site.