Please read these terms and conditions of service (“Terms of Service”) carefully before accessing or using this website. These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Pure Lowell, Inc. dba Smyth Cannabis Co. and its respective subsidiaries, parents and affiliates (collectively, “Smyth” or “Company” or “we” or “us” or “our”). The Terms of Service govern your use of any of our past, present or future (a) websites that link to the Terms of Service , including, without limitation, the website located at https://smythcannabis.com as well as any other media form, media channel, mobile application or mobile website related or connected thereto (collectively, the “Sites”) and (b) content, information, functionality, products or services made available on or through the Sites ((a) and (b) are referred to collectively herein as the “Services”). Please read the Terms of Service carefully before using the Sites or any of the Services.
ARBITRATION NOTICE: SECTION 19 OF THESE TERMS OF SERVICE CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT REQUIRES YOU AND SMYTH’S TO RESOLVE ALL DISPUTES WITH EACH OTHER ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. PLEASE READ THESE TERMS CAREFULLY.
Acceptance of Terms
Changes to Terms of Service
We may update the Sites and these Terms of Service at any time. Your continued access or use of the Sites or our Services after we update these Terms of Service constitutes your acceptance of and agreement to be bound by the terms of the amended Terms of Service. We encourage you to review these Terms of Service on a regular basis to ensure you are familiar with the current version. Certain provisions of these Terms of Service may be superseded by expressly designated legal notices or terms located on particular pages on the Sites or the Services.
Use of the Sites
Information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Persons who choose to access the Sites from such locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. We make no representations that the products or Services made available through the Sites will be available or appropriate in every jurisdiction in which the Sites may be accessed or Services utilized. You access the Sites and purchase products at your own risk, and you are responsible for compliance with all applicable laws, rules, regulations, and treaties.
You acknowledge that, to the extent it pertains to cannabis, our products are only available to residents of the State of Massachusetts and only to the extent permitted by such laws. Cannabis is a Schedule I controlled substance under the federal Controlled Substances Act, and, therefore, the possession, cultivation and distribution thereof, or conspiring with or assisting others to do the same, is federally illegal and can result in significant criminal and civil penalties. You further acknowledge that medical use is not recognized as a valid defense under federal laws regulating cannabis, and that the interstate transportation of cannabis is a federal offense. ENGAGING IN ACTIVITIES OR BUSINESS RELATED TO CANNABIS IS AT YOUR OWN RISK. USERS WITH QUESTIONS REGARDING THE LEGALITY OF CANNABIS AGREE THEY HAVE CONTACTED INDEPENDENT LEGAL COUNSEL OF THEIR CHOOSING OR HAVE KNOWINGLY CHOSEN TO WAIVE THAT RIGHT BEFORE USING THE SITES OR SERVICES.
You assume the risk of any-and-all damage or loss incurred as a result of your consumption of cannabis or cannabis products. Although the Services may provide information regarding cannabis and cannabis products, including, without limitation, 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 nor is it intended to cover all possible uses, directions, precautions, or adverse effects. 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 Services or a licensee where your use of cannabis is to treat a medical condition. We cannot guarantee the accuracy of any Cannabis Information and you should not rely on such Cannabis Information.
Please consult your healthcare professional about potential interactions or other possible complications before using any product. If you are pregnant, nursing, or diagnosed with a heart condition, allergies, or other medical conditions, seek the advice and assistance of a physician or trained health professional prior to using cannabis. If you believe or suspect that you have a medical problem, promptly contact your doctor or health care provider. Smyth’s shall not be held liable for medical or other claims made by third parties or customer testimonials relating to the safety, use, or efficacy of our products.
Our products are not intended for use in the diagnosis, cure, mitigation, treatment, or prevention of any disease or illness. These products and any statements made regarding these products have not been evaluated or approved by the U.S. Food and Drug Administration for any indication, including safety and efficacy.
Keep all cannabis and cannabis products out of reach of children and animals. Use of cannabis while pregnant or breastfeeding may be harmful. Intoxicating effects of cannabis and cannabis products may be delayed up to two (2) hours. Consumption of cannabis and cannabis products impairs your ability to drive and operate machinery. Do not operate vehicles or machinery while under the influence of cannabis.
Content is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, duplicated, distributed, transmitted, broadcast, displayed, sold, resold, licensed, or otherwise exploited for any commercial purpose that is not expressly permitted and authorized with the prior written consent of the respective owners. Provided that you are eligible to use the Sites, you are granted a limited, nonexclusive, revocable license to access and make personal, non-commercial use of the Sites and the Content in accordance with these Terms of Service. We reserve all rights not expressly granted to you in and to the Sites and Content.
We are not responsible if Content is not accurate, complete, or current. The Content is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on Content is at your own risk. We reserve the right to modify the Content at any time, but we have no obligation to update any information on our Sites.
User Content, Comments & Feedback
Electronic & Telephonic Communications
When you use the Site, participate in the Services, or send emails, messages and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us (e.g., newsletters and updates) including via email, text messages, phone calls, social media, and push notifications at the email address or telephone number (including mobile number) you provided. You agree that all agreements and consents can be signed electronically and all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.
IF YOU WISH TO OPT OUT OF MARKETING EMAILS FROM US, YOU CAN UNSUBSCRIBE BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE MARKETING EMAIL ITSELF. IF YOU WISH TO OPT OUT OF TEXT MESSAGES FROM US, YOU CAN DO SO BY REPLYING TO ANY ONE OF THE MESSAGES WITH “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. You understand and agree that you may continue to receive communications from us while we process your opt-out requests, and you may also receive a communication confirming the receipt of your opt-out requests.
Delivery/Pick-up Orders, Payment & Refund Policy
Smyth’s may provide users with the ability to transmit orders for cannabis-related products and arrange for delivery or pick-up of such products. You agree that any order you place through the Sites (each, an “Order”) is an offer to buy, under these Terms of Service, all products and Services listed in your Order. We must accept all Orders before we are obligated to sell the products or Services to you. Acceptance of your Order and the formation of the contract of sale between us and you will not take place unless and until you have received your Order confirmation email. We may choose not to accept any Order, or cancel any Order, in our sole discretion. If we make a change to or cancel an Order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. You agree to pay for all Orders you place through the Sites. By purchasing a product using the Sites, you agree to be bound by these Terms.
In the event you dispute the amount or validity of any payments made to Smyth Cannabis Co., you must notify us within ten (10) days of payment, of any such dispute by mail or email at the address or email address listed below. You expressly agree that your failure to notify Company of any dispute within ten (10) days of payment will constitute your express waiver of any claims related to the disputed payment. You agree that you will pay all costs and expenses of collection, including attorneys’ fees, incurred by Smyth Cannabis Co. in the event of failure to make payment.
All prices posted on the Sites 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 do not include taxes or charges for shipping and handling. 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 are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any Orders arising from such errors.
All sales are final, non-cancelable, and non-refundable except as expressly set forth in these Terms of Service.
We reserve the right to limit the quantities of any products or Services that we offer. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on the Sites is void where prohibited. We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Certain Content, products or services available on the Sites or through our Services may require you to register with us or provide us with certain information (including Personal Information) before you are able to gain access to same (a “Smyth’s Account”). Should you elect not to provide us with such information, you may not be able to access said Content, products or services or participate in certain features of the Sites or our Services.
In the event you are required to create an account to access any part of the Sites or Services, you must treat your account information (including, without limitation, your username, password, and any other piece of information required as part of our security procedures) as confidential, and you must not disclose the foregoing to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person or entity with access to the Services 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 agree to be responsible for any use of the Services or portions of it using your username, password, or other security information. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time, if you have violated any provision of the Terms.
Links to Third Party Websites
THE CONTENT ON THE SITES OR OUR SERVICES IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Our obligations with respect to our products and services are governed solely by the agreements under which they are provided and nothing on the Sites or the Services should be construed to alter such agreements. We further do not warrant the accuracy and completeness of the Content on the Sites or the Services. We may make changes to the Content on the Sites or the Services, or to the products and services described therein, including the prices therefore, at any time without notice. The Content on the Sites or our Services may be out of date, and we make no commitment to update the Content on the Sites or our Services. Information published on the Sites or our Services may refer to products, programs or services that are not available in your jurisdiction.
Limitation of Liability
IN NO EVENT WILL WE, OUR SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED ON THE SITES OR IN OUR SERVICES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST REVENUE, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITES, OUR SERVICES, ANY WEBSITES LINKED TO THE SITES, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH SITES OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE CONTENT, MATERIALS, INFORMATION OR SERVICES FROM THE SITES OR OUR OTHER SERVICES RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITES OR OUR OTHER SERVICES ARE ONLY OFFERED IN THE JURISDICTION WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION AND CONTENT ON THE SITES OR OUR OTHER SERVICES IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE AN OFFER OR SOLICITATION.
YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE HANDLING, STORAGE, USE AND CONSUMPTION OF ALL PRODUCTS SOLD OR DISTRIBUTED THROUGH THE SITES OR SERVICES. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY ALLERGIES YOU MAY HAVE AND VERIFYING PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. YOU ARE RESPONSIBLE FOR READING AND UNDERSTANDING ALL WARNING LABELS THAT ACCOMPANY ANY PRODUCTS.
We are committed to making our Sites accessible and usable by all people, including those with disabilities and special needs. We provide technical and customer support to accommodate the needs of users with disabilities and address issues related to the accessibility of our Sites and Services. If you have difficulty using or accessing any element of the Sites or the Services or if you have any feedback regarding accessibility of the Sites or the other Services, please feel free to contact us at firstname.lastname@example.org.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of Massachusetts, exclusive of conflict or choice of law rules. Nothing in these Terms of Service will prevent Company from seeking injunctive or other equitable relief, payment of amounts due, or enforcement of an award before any court having jurisdiction over any person or otherwise over such subject matter.
Arbitration & Venue
Waiver of Jury Trial
THE PARTIES HERETO HEREBY WAIVE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TRIAL BY JURY IN ANY LITIGATION IN ANY COURT WITH RESPECT TO, IN CONNECTION WITH, OR ARISING OUT OF THIS AGREEMENT OR THE VALIDITY, INTERPRETATION OR ENFORCEMENT HEREOF. THE PARTIES HERETO AGREE THAT THIS SECTION IS A SPECIFIC AND MATERIAL ASPECT OF THIS AGREEMENT AND WOULD NOT ENTER INTO THIS AGREEMENT IF THIS SECTION WERE NOT PART OF THIS AGREEMENT.
Class Action Waiver
To the fullest extent permitted by applicable law, no arbitration under the Terms of Service shall be joined to an arbitration involving any other party subject to the Terms of Service, whether through class arbitration proceedings or otherwise. You agree to an arbitration on an individual basis. IN ANY DISPUTE, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS 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 (1) 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.
Timing of Claims
Any cause of action or claim you may have with respect to the Sites or Services or any product or service acquired thereunder must be commenced within one (1) year after the claim or cause of action arises.
We may, in our sole discretion, terminate or suspend your use or access to the Sites, the Content, our Services or your Smyth’s Account for any reason.
The Section headings set forth in these Terms of Service are for convenience only and have no legal or contractual effect.
Electronic Communications, Transactions & Signatures
Visiting the Sites, using the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Sites, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
If you have any questions about these Terms of Service, the Sites, Services, or the Content contained herein you may contact us:
- By telephone: (978) 455-0186,
- By email: email@example.com,
- By mail: 683 Rogers Street, Lowell, MA 01852
We do not guarantee that we will receive all such communications and shall not, subject to applicable laws, be required to read, act or respond to any such email or other form of contact. Please note, your email communications to us may not be secure and shall not be treated as confidential.
Last Changes to Website Terms of Service: November 28, 2022