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Terms of Service

PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY AS IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICES PROVIDED ON THIS WEBSITE, AS WELL AS ANY PRODUCTS OR SERVICES AVAILABLE FOR PURCHASE THROUGH THIS WEBSITE. AS PART OF THESE TERMS, ALL DISPUTES ARE REQUIRED TO BE ATTEMPTED TO BE RESOLVED THROUGH ARBITRATION, AND ALL OTHER ACTIONS, INCLUDING CLASS ACTIONS ARISING FROM THE USE OF THIS WEBSITE OR ANY SERVICES PROVIDED THROUGH THE WEBSITE ARE HEREBY WAIVED.

  1. Introduction

Thank you for using the Cottonmouth Dispensary website! Located in Runnemede, New Jersey, Cottonmouth is a licensed adult-use cannabis dispensary engaged in the dispensing or retail sale of adult-use cannabis, or cannabis products, produced under the regulatory oversight of the New Jersey Cannabis Regulatory Commission. The following Terms of Service (‚ÄúTerms‚ÄĚ) govern the use of the Cottonmouth Dispensary website, www.getcottonmouth.com, regardless of whether accessed online, via mobile device, or by any other means. These Terms of Service also extend to all use of any interactive features, cookies, widgets, plug-ins, content, downloads, and other online services offered on the website or other services controlled by Cottonmouth Dispensary LLC, which link to these Terms of Service. By utilizing any services covered by the Terms of Service, you also acknowledge and accept Cottonmouth Dispensary‚Äôs Privacy Policy and consent to the collection and use of your data in accordance with our Privacy Policy. For reference, Cottonmouth Dispensary LLC‚Äôs privacy policy can be found here: getcottonmouth.com/privacy-policy.

All individuals who wish to use any of the services of Cottonmouth Dispensary LLC (‚ÄúCottonmouth Dispensary‚Äôs Online Services‚ÄĚ) described above are requested to carefully read the entire Terms of Service, as these Terms constitute a legally binding agreement between you and Cottonmouth Dispensary LLC. Each time you access or use Cottonmouth Dispensary‚Äôs Online Services, you agree to be bound by and comply with these Terms. Do not use the Service if you do not agree. Without the limitations set forth in these Terms of Service, Cottonmouth Dispensary LLC would not offer or be able to offer any of Cottonmouth Dispensary‚Äôs Online Services. In some instances, both these Terms of Service and additional guidelines, rules, or terms of use may apply. These Terms may differ depending on the service or product sought. Additional terms also apply to any rewards program offered by Cottonmouth Dispensary LLC. In instances where additional terms apply, the Terms of Service located below (the ‚ÄúTerms‚ÄĚ) control unless otherwise specifically stated in the additional terms.

  1. Federally Illegal Status, Non-FDA Approved Product, and Medical Advice Disclaimer

MARIJUANA REMAINS A FEDERALLY ILLEGAL SCHEDULE I DRUG EVEN WHEN LEGAL UNDER STATE LAW. ANY SERVICES OFFERED BY COTTONMOUTH DISPENSARY LLC ARE INTENDED ONLY FOR PERSONS AGE 21 OR OLDER WHO ARE LOCATED SOLELY WITHIN THE STATE OF NEW JERSEY, AND ALL CANNABIS PRODUCTS ARE INTENDED FOR CONSUMPTION ONLY WITHIN THE STATE OF NEW JERSEY AND IN FULL COMPLIANCE WITH ALL LAWS, RULES, AND REGULATIONS OF THE STATE OF NEW JERSEY. ANY INFORMATION PROVIDED ON ANY OF COTTONMOUTH DISPENSARY’S ONLINE SERVICES SHOULD IN NO WAY BE CONSIDERED A REPLACEMENT FOR MEDICAL ADVICE AND ACTION TO CURE, TREAT, OR PREVENT DISEASES OF ANY NATURE. ALWAYS CONSULT YOUR PHYSICIAN BEFORE TRYING ANY CANNABIS PRODUCT. PRODUCTS SOLD AT COTTONMOUTH DISPENSARY LLC HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO TREAT, CURE, OR PREVENT ANY DISEASE, SYMPTOM, OR ILLNESS.

  1. Use of Website

a. Eligibility: You must be at least 21 years old to access or use our website. By accessing or using any of Cottonmouth Dispensary’s Online Services, you represent and warrant that you are at least 21 years old.

b. Compliance: By accessing or using any of Cottonmouth Dispensary’s Online Services, you agree to comply with all applicable laws, regulations, and rules regarding your use of Cottonmouth Dispensary’s Online Services.

c. Prohibited Conduct: By accessing or using any of Cottonmouth Dispensary’s Online Services, you agree not to engage in any of the following prohibited activities:

  • Using any of Cottonmouth Dispensary‚Äôs Online Services for any illegal purpose or in violation of any local, state, national, or international law;
  • Attempting to gain unauthorized access to our website, servers, or networks;
  • Interfering with or disrupting the integrity or performance of any of Cottonmouth Dispensary‚Äôs Online Services;
  • Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
  • Harassing, intimidating, or threatening any other users of the website;
  • Uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website;
  • Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the website, or which, in our sole discretion, exposes us or any of our users, affiliates, or any other third party to any liability or detriment of any type.

d. User-Generated Feedback: Cottonmouth Dispensary may offer users of Cottonmouth Dispensary‚Äôs Online Services the opportunity to make available or submit through Cottonmouth Dispensary‚Äôs Online Services, messages, texts, files, comments, responses, information, content, results, reviews, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, ‚ÄúUser-Generated Content‚ÄĚ). Cottonmouth Dispensary may allow you to do this through Contact Us, email, and other communications functionality. Subject to the rights and license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content, and you remain ultimately responsible for it.

e. Non-Confidentiality of Your User-Generated Content: Except as otherwise described in Cottonmouth Dispensary‚Äôs Privacy Policy or any additional terms, you agree that: (a) your User-Generated Content will be treated as non-confidential, regardless of whether the Content is marked ‚Äúconfidential,‚ÄĚ ‚Äúproprietary,‚ÄĚ or any similar marking, and will not be returned; and (b) Cottonmouth Dispensary does not assume any obligation of any kind concerning your or any third party‚Äôs User-Generated Content. Upon Cottonmouth Dispensary‚Äôs request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms or any additional terms. You acknowledge that the internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User-Generated Content may not be secure, and you will consider this before submitting any User-Generated Content and do so at your own risk.

f. Wireless Features and Text Message Communications: Cottonmouth Dispensary’s Online Services offer features and/or services that are available to you via your wireless device or through text messaging. Standard messaging, data, and other fees may be charged by your carrier to participate in wireless features. These fees may appear on your wireless bill or be deducted from your prepaid balance. Your carrier may prohibit or restrict certain wireless features, and some features may be incompatible with your carrier or wireless device. We recommend checking with your carrier to find out what plans are available and how much they cost. If you have any questions regarding these issues, then please contact your carrier. By registering for services provided via wireless service or through text messaging, you agree to the services or features for which you are registered, we may send communications to your wireless device regarding us or other parties. Further, we may collect information related to your use of the wireless features. For services you have registered for, you agree to notify us of any changes to your wireless contact information (including phone number) and update your accounts on Cottonmouth Dispensary’s Online Services to reflect the changes.

g. Termination of Services: Cottonmouth Dispensary LLC may immediately suspend or terminate the availability of the Cottonmouth Dispensary’s Online Services (or any components within), in whole or in part, for any reason, in Cottonmouth Dispensary’s sole discretion, and without advance notice or liability.

  1. Intellectual Property

a. Content: All content included on the Cottonmouth Dispensary website, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, page layout, underlying code, and software, is the property of Cottonmouth Dispensary or its vendors or licensors and is protected by copyright, trademark, and other laws.

b. Trademarks: The Cottonmouth Dispensary name and logo, as well as other marks, logos, and names of Cottonmouth Dispensary products and services, are trademarks of Cottonmouth Dispensary LLC. You agree not to display or use these trademarks in any manner without our prior written permission.

  1. Third-Party Links

Our website may contain links to third-party websites or services that are not owned or controlled by Cottonmouth Dispensary. We have no control over and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Cottonmouth Dispensary 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 the use of or reliance on any such content, goods, or services available on or through any such websites or services.

  1. Disclaimer of Warranties

YOUR USE OF THE COTTONMOUTH DISPENSARY WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

  1. Limitation of Liability

IN NO EVENT SHALL COTTONMOUTH DISPENSARY LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE COTTONMOUTH DISPENSARY WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  1. Marijuana and Federal Law Disclaimer; Assumption of Liability

MARIJUANA IS A SCHEDULE 1 CONTROLLED SUBSTANCE UNDER THE CONTROLLED SUBSTANCE ACT (21 U.S.C. 802) (‚ÄúCSA‚ÄĚ) AND THE CULTIVATION, DISTRIBUTION, AND POSSESSION OF MARIJUANA IS A CRIME UNDER FEDERAL LAW. KEEP ALL MARIJUANA AND MARIJUANA PRODUCTS OUT OF REACH OF CHILDREN AND ANIMALS. INTOXICATING EFFECTS OF MARIJUANA AND MARIJUANA PRODUCTS MAY BE DELAYED UP TO TWO (2) HOURS. USE OF MARIJUANA WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL. CONSUMPTION OF MARIJUANA AND MARIJUANA PRODUCTS IMPAIRS YOUR ABILITY TO DRIVE AND OPERATE MACHINERY, PLEASE USE EXTREME CAUTION. YOU ASSUME THE RISK OF ANY-AND-ALL DAMAGE OR LOSS INCURRED AS A RESULT OF YOUR CONSUMPTION OF MARIJUANA OR MARIJUANA PRODUCTS OBTAINED FROM COTTONMOUTH DISPENSARY LLC‚ÄôS STORES OR OTHER SERVICES.

  1. Dispute Resolution

Certain portions of this Section 9 are deemed to be a ‚Äúwritten agreement to arbitrate‚ÄĚ pursuant to the Federal Arbitration Act. You and Cottonmouth Dispensary LLC agree that the parties collectively intend that this Section 9 satisfies the ‚Äúwriting‚ÄĚ requirement of the Federal Arbitration Act.

a. Required Resolution Attempts and Excluded Claims: The parties hereby collectively agree that all controversies, allegations, or claims arising out of or relating to use of Cottonmouth Dispensary LLC‚Äôs Online Services, the Content of the services, User-Generated Content, these Terms of Service, or any other additional terms, must first undergo a resolution attempt conducted in accordance with this section prior to any party seeking any other legal action. The parties agree to send a written notice to the other party which provides the receiving party with a reasonable description of the Dispute, along with a proposed resolution of the Dispute. All notices sent by Cottonmouth Dispensary LLC will be sent to the most recent contact information that has been provided to us. However, both parties expressly agree that if no such contact information exists or if such information is not current, then Cottonmouth Dispensary LLC will have no obligation to provide notice. Notices intended to be provided to Cottonmouth Dispensary LLC pursuant to this section must be sent via email to: [email protected]. For a period of forty-five (45) days from the date of receipt of notice from the other party, Cottonmouth Dispensary LLC and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or Cottonmouth Dispensary LLC to resolve the Dispute on terms with which either party, at their sole discretion, is not comfortable.

b. Binding Arbitration: If a Dispute cannot be resolved as set forth in Section 9(A), then ANY AND ALL DISPUTES ARISING BETWEEN YOU AND COTTONMOUTH DISPENSARY LLC, WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT (INCLUDING, BUT NOT LIMITED TO, FRAUD, ANY OTHER INTENTIONAL TORT OR NEGLIGENCE), COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY OR ANY OTHER LEGAL OR EQUITABLE THEORY, WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SERVICE OR ADVERTISING AVAILABLE ON OR THROUGH THE SERVICE. For U.S. residents, the Federal Arbitration Act (‚ÄúFAA‚ÄĚ), not state law, shall govern the arbitrability of all disputes between Cottonmouth Dispensary LLC and you regarding these Terms (and any additional terms) and the Service, including the ‚ÄúNo Class Action Matters‚ÄĚ section below. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. Any Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules (‚ÄúRules‚ÄĚ) of the American Arbitration Association (‚ÄúAAA‚ÄĚ), except as modified herein, and the arbitration will be administered by the AAA. If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling to set a hearing then either party may elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (‚ÄúJAMS‚ÄĚ) using JAMS‚Äô streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of Cottonmouth Dispensary LLC consent to in writing. If an in-person arbitration hearing is required and you are a U.S. resident, then it will be conducted in Runnemede, New Jersey. Parties will split the administrative and arbitrator‚Äôs fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Cottonmouth Dispensary LLC to pay a greater portion or all of such fees and costs in order for this Section 9 to be enforceable, then Cottonmouth Dispensary LLC will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitration will be conducted by a single arbitrator who will apply and be bound by these Terms and any additional terms, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party‚Äôs individual claim. All issues are for the arbitrator to decide, except for issues relating to the scope and enforceability of the arbitration and class action waiver provisions, which are for the court‚Äôs determination. This arbitration provision shall survive termination of these Terms or the Service. You can obtain AAA and JAMS procedures, rules, and fee information as follows: AAA: 800.778.7879 and http://www.adr.org and JAMS: 800.352.5267 and http://www.jamsadr.com.

c. Limited Time to File Claims: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF EITHER PARTY WANTS TO ASSERT A DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 9(A)) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES, OR IT WILL BE FOREVER BARRED. Commencing means, as applicable: (a) by delivery of written notice as set forth above in Section 9(A); (b) filing for arbitration as set forth in Section 9(B); or (c) filing an action in state, Federal or provincial court.

d. Injunctive Relief: The foregoing provisions of this Section 9 shall not apply to any legal action taken by Cottonmouth Dispensary LLC to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Cottonmouth Dispensary Online Services, any Content, your User-Generated Content, and/or Cottonmouth Dispensary LLC’s intellectual property rights (including those that may be in dispute), Cottonmouth Dispensary LLC’s operations, and/or Cottonmouth Dispensary LLC’s products or services.

e. No Class Action Matters: YOU AND COTTONMOUTH DISPENSARY LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or proceedings involving any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public or other persons or entities similarly situated. However, if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in Section 9(B) to arbitrate will not apply, and the Dispute must be brought exclusively in court pursuant to Section 9(F). Notwithstanding any other provision of this Section 9, any and all issues relating to the scope, interpretation, and enforceability of the class action waiver provisions contained herein (as described in this ‚ÄúNo Class Action Matters‚ÄĚ section) are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.

f. Jurisdictional Issues: Unless arbitration is required as described above or for the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute arising hereunder may only be initiated in either state or Federal court within Camden County, New Jersey. Consequently, both parties consent to the exclusive personal jurisdiction and venue of such courts for such matters.

g. Small Claims Matters Are Excluded from Arbitration Requirement: Notwithstanding the foregoing, either party may bring qualifying claims of Disputes (but not Excluded Disputes) in small claims court of competent jurisdiction.

  1. Waiver of Injunctive or Other Equitable Relief

IF YOU CLAIM TO HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, YOU ACKNOWLEDGE THAT SUCH LOSSES, DAMAGES, AND INJURIES WILL NOT BE CONSIDERED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR ANY OTHER EQUITABLE RELIEF. THEREFORE, YOU AGREE NOT TO SEEK, AND YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER-GENERATED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY COTTONMOUTH DISPENSARY LLC (INCLUDING YOUR LICENSED USER-GENERATED CONTENT) OR A LICENSOR OF COTTONMOUTH DISPENSARY LLC.

  1. Other General Provisions

a. Cottonmouth Dispensary‚Äôs Consent or Approval: Any consent, approval, or determinations made at the ‚Äúsole discretion‚ÄĚ as provided for or required by these Terms of Service for Cottonmouth Dispensary LLC may only be provided in writing by an Officer or legal representative of Cottonmouth Dispensary LLC.

b. Indemnification: You agree to defend, indemnify, and hold Cottonmouth Dispensary LLC, as well as all officers, employees, and contractors harmless from any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any of the above parties, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your User-Generated Content; (ii) your use of the Service and your activities in connection with the Service, including your participation in our rewards program; (iii) your breach or alleged breach of these Terms or any additional terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (v) information or material transmitted through your device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Cottonmouth Dispensary LLC’s use of the information you submit (including your User-Generated Content). You agree to cooperate fully in the defense of any Claims and Losses. Notwithstanding the foregoing, Cottonmouth Dispensary LLC retains the exclusive right to settle, compromise, and pay any and all Claims and Losses. Cottonmouth Dispensary LLC reserves the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Cottonmouth Dispensary LLC.

c. Operation of Service; Availability of Products and Services; International Issues. The Service is operated in New Jersey, United States, and is intended exclusively for users located within New Jersey. Cottonmouth Dispensary LLC makes no representation that Cottonmouth Dispensary’s Online Services are appropriate or available for use beyond the state of New Jersey. If you choose to access Cottonmouth Dispensary’s Online Services from other locations, you do so at your own initiative and are responsible for compliance with applicable local laws regarding online conduct and acceptable content. We reserve the right to limit the availability of the Service and/or the provision of any content, program, product, service, or feature described or available on the Service to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, or feature that we provide. These Terms are not governed by the Convention on Contracts for the International Sale of Goods.

d. Severability; Interpretation. If any provision of these Terms, or any additional terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the additional terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the additional terms, which will remain in full force and effect. To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word ‚Äúincluding‚ÄĚ is used in these Terms or any additional terms, the word will be deemed to mean ‚Äúincluding, without limitation.‚ÄĚ The summaries of provisions and section headings are provided for convenience only and shall not limit the full terms.

e. Communications. As permitted by applicable law, when you communicate with us electronically, such as via email, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

f. Investigations; Cooperation with Law Enforcement; Termination; Survival. Cottonmouth Dispensary LLC reserves the right, without any limitation, to: (i) investigate any suspected breaches of its service’s security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any additional terms, (iii) investigate any information obtained by Cottonmouth Dispensary LLC in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and any additional terms, and (vi) discontinue the Service, in whole or in part, or, except as may be expressly set forth in any additional terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason, and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to Cottonmouth Dispensary LLC under these Terms or any additional terms. Upon suspension or termination of your access to Cottonmouth Dispensary’s Online Services, or upon notice from Cottonmouth Dispensary LLC, all rights granted to you under these Terms or any additional terms will cease immediately, and you agree that you will immediately discontinue use of Cottonmouth Dispensary’s Online Services. The provisions of these Terms and any additional terms (including the terms applicable to User-Generated Content), which, by their nature, should survive your suspension or termination will remain in effect. This includes the rights and licenses granted to Cottonmouth Dispensary LLC in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.

g. Assignment: Cottonmouth Dispensary LLC may assign its rights and obligations under these Terms and any additional terms, in whole or in part, to any party at any time without any notice. These Terms and any additional terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Cottonmouth Dispensary LLC.

h. No Waiver. Except as expressly set forth in these Terms or any additional terms: (i) no failure or delay by you or Cottonmouth Dispensary LLC in exercising any of rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any additional terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced. For avoidance of doubt, nothing herein shall be construed to restrict Cottonmouth Dispensary LLC’s right to amend these Terms or any additional terms as otherwise permitted in those agreements.

i. Connectivity. You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Service, and you will be responsible for all charges related to them.

  1. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey without regard to its conflict of law provisions.

  1. Changes to Terms

Cottonmouth Dispensary reserves the right to revise these Terms at any time without prior notice. By using this website, you are agreeing to be bound by the then-current version of these Terms.

  1. Contact Us

If you have any questions or concerns regarding our Terms of Service, please contact us at [email protected].