Are you
Twenty One
have a colorado
medical card?

SORRY,
YOU MUST BE AT LEAST 21 YEARS OLD.

OR A VALID MEDICAL MARIJUANA PATIENT.

NATIVE ROOTS TERMS OF USE

Welcome  to  the  Native Roots website located at  www.nativerootsdispensary.com (the  “Site”).  The  Site  is  a copyrighted work belonging  to Native Roots (“Company”, “us”, “our”, and “we”).  Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such  additional terms, guidelines,  and  rules  are  incorporated by reference  into these Terms.  By accessing, viewing, or using the content, material or any products or services available on or through this Site, you indicate that you understand these Terms  of Use (“Terms”).

THESE TERMS  SET  FORTH THE  LEGALLY  BINDING TERMS  AND  CONDITIONS THAT GOVERN YOUR USE OF THE SITE.  BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE  ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE  RIGHT, AUTHORITY, AND CAPACITY  TO ENTER INTO  THESE TERMS  (ON BEHALF  OF  YOURSELF OR THE  ENTITY THAT YOU  REPRESENT).   YOU MAY NOT ACCESS OR USE THE  SITE  OR ACCEPT  THE  TERMS  IF YOU ARE NOT AT LEAST 18 YEARS OLD.  IF YOU DO NOT AGREE WITH ALL OF THE  PROVISIONS  OF THESE TERMS,  DO NOT ACCESS AND/OR USE THE  SITE.

1.            ACCOUNTS

1.1          Account Creation.  In order to use certain features, including online orders and purchases, of the Site, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. Account information is maintained and processed through third party providers. You are subject to such third party’s terms and conditions, as applicable. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. The Company may suspend or terminate your Account in accordance with Section 8.

1.2          Account  Responsibilities.    You  are  responsible  for  maintaining  the  confidentiality of your Account login information and are fully responsible for all activities that occur under your Account.  You agree to immediately notify the Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

2.            ACCESS TO THE SITE

2.1          License.   Subject to these Terms,  the  Company  grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use.

2.2          Certain Restrictions.   The  rights granted to you in these Terms  are subject to the following restrictions: (a) you shall not license, sell, rent,  lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether  in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer  any part of the Site; (c) you shall not access the Site in order  to build a similar or competitive  website, product,  or service; and (d) except as expressly  stated herein, no part of the Site may be copied, reproduced,  distributed, republished,  downloaded,  displayed, posted or transmitted in any form or by any means.  Unless otherwise  indicated, any future release, update, or other addition to functionality  of the Site shall be subject to these Terms.   All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.

2.3          Modification.  The Company reserves  the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you.  You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.

2.4          No  Support or Maintenance.   You acknowledge  and  agree  that the  Company  will have  no obligation to provide you with any support or maintenance in connection with the Site.2.5          Ownership. Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual  property  rights, including copyrights,  patents, trademarks, and trade secrets, in the Site and its content are owned  by the  Company  or approved  third parties  such as the  Company’s affiliates or suppliers. Neither these Terms  (nor your access to the Site) transfers to you or any third party any rights,  title or interest in or to such intellectual property rights, except for the limited access rights expressly  set forth in Section 2.1. The Company and its licensors  reserve  all rights not granted in these Terms.   There  are no implied licenses granted under these Terms.

3.            USER CONTENT

3.1          User Content.  “User Content” means any and all information and content that a user submits to, or uses with, the Site (e.g., content in the user’s account).  You are solely responsible  for your User Content.   You assume all risks associated with use of your User Content, including  any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You represent and warrant that your User Content does not violate our Acceptable Use Policy as provided for in Section

3.3. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed

by the Company.  Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy.  The Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice.  You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

3.2          License.  You hereby grant (and you represent and warrant that you have the right to grant) to the Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide  license to reproduce,  distribute, publicly display and perform,  prepare  derivative works  of, incorporate into other  works,  and otherwise  use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User  Content in the Site.   You irrevocably  waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

3.3          Acceptable Use Policy.   The following terms constitute our “Acceptable Use Policy”:

(a)          You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy  right,  right  of publicity, or  any  other intellectual property   or  proprietary right; (ii) that is unlawful, harassing,   abusive,  tortious,  threatening,  harmful,   invasive  of  another’s  privacy,  vulgar,   defamatory,  false, intentionally misleading, trade libelous, pornographic,  obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group  or individual or is otherwise  objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

(b)          In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the  Site unsolicited  or unauthorized advertising, promotional materials, junk  mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii)  use the Site to harvest, collect, gather or assemble information or data regarding other  users, including  e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden  on servers  or networks connected to the Site, or violate the regulations,  policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated  agents or scripts to produce multiple accounts on the Site, or to generate  automated searches,  requests,  or  queries  to (or  to strip,  scrape,  or  mine  data  from)  the Site (provided,  however,  that we conditionally grant to the operators  of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose  of and solely to the extent necessary  for creating publicly available searchable indices of the materials, but not caches or archives of such materials).

3.4          Enforcement.  We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other  provision  of these Terms  or otherwise  create liability for us or any other  person.  Such action mayinclude removing or modifying your User Content, terminating your Account in accordance with Section 10, and/or reporting you to law enforcement authorities.

3.5          Feedback.  If you provide  the  Company  with any feedback or suggestions regarding the Site (“Feedback”), you assign to the Company all rights in such Feedback and agree that the Company shall have the right to use and fully exploit such Feedback  and related  information  in any manner  it deems appropriate.    The Company will treat any Feedback you provide to the Company as non-confidential and non-proprietary.  You agree that you will not submit to the Company any information or ideas that you consider to be confidential or proprietary.

4.            INDEMNIFICATION.  

You agree to indemnify and hold the Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising  out of (a) your use of the Site, (b) your violation  of these Terms,  (c) your violation  of applicable laws or regulations or (d) your User Content.  The Company reserves  the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.  You agree not to settle any matter without the prior written consent of the Company.  The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

5.            THIRD-PARTY LINKS & ADS; OTHER USERS

5.1          Third-Party Links  & Ads.   The  Site may contain  links to third party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of the Company, and the Company is not responsible for any Third-Party Links & Ads.  The Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When  you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including  the third party’s privacy and data gathering practices.  You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links

& Ads.

5.2          Release.  You hereby  release and forever discharge  the Company (and our officers, employees, agents, successors,  and assigns)  from, and hereby  waive and relinquish,  each and every past, present and future dispute, claim, controversy,  demand, right,  obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property  damage), that has arisen or arises directly or indirectly  out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or  any  Third-Party Links  & Ads).    IF  YOU  ARE  A  CALIFORNIA RESIDENT,  YOU  HEREBY  WAIVE CALIFORNIA   CIVIL  CODE   SECTION  1542  IN  CONNECTION WITH  THE   FOREGOING,  WHICH STATES:  “A GENERAL  RELEASE  DOES  NOT  EXTEND TO  CLAIMS  WHICH THE  CREDITOR DOES NOT  KNOW  OR SUSPECT TO  EXIST  IN HIS OR HER  FAVOR AT  THE  TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN  BY HIM OR HER MUST  HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE  DEBTOR.”

6.            NO MEDICAL ADVICE.  

The contents of the Site, including  any text, graphics, images or information obtained from the Site (collectively the “Content”) are for informational  purposes only. Medical marijuana products are not intended to diagnose, treat, cure, or prevent any disease. The Content is not intended  to be a substitute for professional medical advice, counseling, diagnoses, or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition.

7.            PRIVACY  POLICY. 

Any personal  information you provide to us on the Site is subject to our “Privacy Policy.” For  more information, click here to view the Privacy  Policy, which is incorporated into these Terms  by reference.

8.            DISCLAIMERS

THE  SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND THE  COMPANY (AND OUR SUPPLIERS) EXPRESSLY  DISCLAIM  ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND,WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF  MERCHANTABILITY, FITNESS  FOR  A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.  WE  (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE  SITE  WILL  MEET YOUR  REQUIREMENTS, WILL  BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER  HARMFUL CODE,  COMPLETE, LEGAL,  OR  SAFE.   IF  APPLICABLE  LAW  REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST  USE.

SOME  JURISDICTIONS  DO  NOT  ALLOW  THE   EXCLUSION OF  IMPLIED  WARRANTIES, SO  THE ABOVE   EXCLUSION  MAY   NOT   APPLY   TO   YOU.      SOME   JURISDICTIONS  DO   NOT   ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE  ABOVE LIMITATION MAY NOT APPLY TO YOU.

9.            LIMITATION ON LIABILITY

TO THE  MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT  SHALL THE  COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL  OR PUNITIVE DAMAGES  ARISING  FROM  OR RELATING TO THESE TERMS  OR YOUR USE OF, OR INABILITY TO USE, THE  SITE,  EVEN IF THE  COMPANY  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO  THE  MAXIMUM EXTENT PERMITTED  BY LAW,  NOTWITHSTANDING  ANYTHING TO  THE CONTRARY CONTAINED HEREIN, OUR LIABILITY  TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO  THIS  AGREEMENT (FOR  ANY  CAUSE  WHATSOEVER AND  REGARDLESS OF  THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE  EXISTENCE OF MORE  THAN  ONE CLAIM WILL  NOT  ENLARGE  THIS  LIMIT.  YOU AGREE   THAT OUR  SUPPLIERS  WILL   HAVE  NO  LIABILITY   OF  ANY  KIND  ARISING   FROM   OR RELATING TO THIS AGREEMENT.

SOME  JURISDICTIONS  DO  NOT  ALLOW  THE   LIMITATION OR  EXCLUSION OF  LIABILITY   FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE  ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

10.          TERM AND TERMINATION. 

Subject to this Section, these Terms  will remain in full force and effect while you use the Site.  We may suspend or terminate your rights  to use the Site (including your Account) at any time for any reason  at our sole discretion, including  for any use of the Site in violation of these Terms.    Upon termination of your rights  under  these Terms,  your Account and right to access and use the Site will terminate immediately.   You understand that any termination of your Account may involve deletion of your User  Content associated with your Account from our live databases.  The Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content.  Even after your rights under these Terms  are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through 2.5, Section 3 and Sections 4 through 10.

11.          COPYRIGHT POLICY

The Company respects the intellectual property of others and asks that users of our Site do the same.  In connection with our Site, we have adopted and implemented a policy respecting  copyright law that provides for the removal of any infringing  materials  and for the termination, in appropriate  circumstances,  of users of our online Site who are repeat infringers of intellectual property  rights, including copyrights. If you believe that one of our users is, through the  use of our  Site, unlawfully  infringing  the  copyright(s)  in a work, and wish to have the  allegedly  infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
 

  1.     your physical or electronic signature;
  2.     identification of the copyrighted work(s) that you claim to have been infringed;
  3.     identification of the material on our services that you claim is infringing  and that you request us to remove;
  4.     sufficient information  to permit us to locate such material;
  5.     your address, telephone number, and e-mail address;
  6.    a statement that you have a good faith belief that use of the objectionable material is not authorized  by the copyright owner, its agent, or under the law; and
  7.   a statement that the information  in the notification is accurate, and under penalty of perjury, that you are either the owner  of the copyright that has allegedly been infringed  or that you are authorized to act on behalf of the copyright  owner.

Please  note that, pursuant to 17 U.S.C. § 512(f), any  misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining  party to liability for any damages,  costs  and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

The designated Copyright Agent for the Company is: Compliance Department
Designated Agent: Kelly Archer
Address of Agent: 3150 South Sheridan Blvd., Denver, CO Telephone: 303-830-4770
Email: [email protected]

12.          GENERAL

12.1        Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by prominently posting notice of the changes on our Site. Any changes to these Terms  will be effective upon thirty (30) calendar days following our posting of notice of the changes on our Site.  These changes will be effective immediately for new users of our Site.  Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement  to be bound by the terms and conditions of such changes

12.2        Export. The  Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical  data acquired from the Company, or any products utilizing such data, in violation of the United States export laws or regulations.

12.3        Disclosures.   The  Company  is located at the  address  in Section  10.8. If you are  a California resident, you may report  complaints to the Complaint Assistance Unit of the Division of Consumer Product  of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

12.4        Electronic Communications.  The communications between you and the Company use electronic means,  whether you  use  the  Site or  send  us  emails,  or  whether the  Company  posts  notices on  the  Site or communicates  with you via email. For  contractual purposes, you (a) consent to receive communications  from the Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other  communications that the  Company  provides  to you electronically satisfy any legal requirement that such communications  would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

12.5        Entire Terms. These Terms  constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right  or provision of these Terms  shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.  If any provision of these Terms is, for any reason, held to be invalid  or unenforceable,  the other provisions  of these Terms  will be unimpaired  and the invalid  or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.  This agreement does not establish any partnership, joint venture or agency between the Company and you. These Terms,  and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred  by you without the  Company’s  prior  written  consent, and  any  attempted assignment, subcontract,delegation, or transfer in violation of the foregoing  will be null and void.  The  Company may freely assign these

Terms.   The terms and conditions set forth in these Terms  shall be binding upon assignees.

12.6        Copyright/Trademark Information.  Copyright © 2017 NATIVE ROOTS. All rights reserved.  All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks  without our prior written consent or the consent of such third party which may own the Marks.

12.7        Choice   of  Law.  These   Terms,   the  interpretation  and  execution  of  these  Terms,   and  the relationship  between you and us, shall be governed  and construed  in accordance with the laws of Colorado. Any claim or dispute arising either directly or indirectly out of these Terms shall be brought  before a court of competent jurisdiction in the City and County of Denver, Colorado.

12.8        Acknowledgment of Federal Law and  State Law. You expressly  acknowledge that Marijuana is included on Schedule 1 of the United  States Controlled Substances Act. We are principally located in Colorado. In all events, you must  abide by and follow of the laws of the state in which you are a resident. You expressly acknowledge and assume full responsibility for cooperating  with the laws of the state of your residence.

12.9        Contact Information:

Native Roots
Telephone: 303-830-4770
Email: [email protected]

media inquiries
[email protected]


COPYRIGHT © Native Roots 2017