Terms and Conditions & Privacy Policy

Terms and Conditions

Last Updated: September 13, 2023

These Terms apply to all digital services provided through the Internet website located at www.harvestsociety.com (the “Website” or “Site”) where information is collected from or about you, or where data from or about you is used in conjunction with electronic communications sent to you by Harvest Society and its affiliated entities and brands (“Company”, “We”, or “Us”). Services include product ordering, delivery, age verification and cash back rewards (collectively, the “Services”) made available to an individual consumer (“you” or “your”) through the Website.

By using the Site, you signify that you have read, understood, and agree to be bound by this Agreement, whether or not you are a registered user of our Services. If you do not agree, do not use Company’s Services, including its Website.

PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE COMPANY’S SERVICES, INCLUDING ITS WEBSITE, TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.

This Agreement is published on the Company’s Website at www.harvestsociety.com. To access it, visit the Website, and click on the “Terms of Use” hyperlink, or visit: https:// harvestsociety.com/terms-of-use/.

By using Company’s Services, or by accessing the Website, you acknowledge that you have read these terms of use, and Company’s Privacy Policy included here by reference, and agree to be bound by them.

Privacy Policy

The Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of the Company’s current Privacy Policy can be found on the Website by visiting www.harvestsociety.com, and then clicking on the Privacy Policy hyperlink, or by visiting: https:// harvestsociety.com/privacy-policy/

By using Company’s Services, including the Website, you agree to be bound by the Company’s Privacy Policy that is expressly incorporated into this Agreement by this reference.

Changes to the Terms of Service

The Company may modify these Terms of Service from time to time in its sole and absolute discretion and without the duty to notify you of such modification. All changes are effective immediately when posted and apply to all access to and utilization of the Website therafter. For all changes, we will post the amended Terms on this Website page and indicate at the top of the page the date the Agreement was last revised. Your continued use of our Services after any such changes constitutes your acceptance of the new Terms of Service. It is your responsibility to periodically review these Terms of Service as they are binding to you. If at any time you find these Terms of Service unacceptable, do not use or access (or continue to use or access) the Services.

Age Restrictions

The Company intends only persons who are 21 years or older to be permitted to use the Services, including the Website. You agree that by using the Services, you represent that you are at least 21 years old and that you are legally able to enter into this Agreement.

Accounts

In order to use some Services offered through the Website, you are required to create an account and provide certain information to us which can include but is not limited to your name, email address and/or phone number. When you sign up to create an account, you must provide complete, accurate and current information on the registration forms. Failure to do so will constitute as a breach of the Terms and may result in the immediate termination of your account on the Website.

Accounts are limited to one account per person. The use of an account or personal information of someone else at any time is strictly forbidden. You agree to not disclose your password to any third party. You hold the sole responsibility for maintaining the confidentiality of your password. All use of your account and the activity that occurs on your account is entirely your responsibility. You agree to notify the Company immediately regarding any unauthorized use of your account or breach in your account security.

The Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by the Company and its affiliates due to someone else’s use of your account and password.

Electronic Communications

Some Services when using the Website include but are not limited to communications between you and the Company through electronic means. When you send the Company an email, whether notices are posted to the Site, or when we communicate with you via email, you consent to receive communications in electronic form.

By providing your email address, you agree that the Company may send you emails concerning our Site and Services (“Service Messages”). You may not opt out of Service Messages since Harvest Society may be legally required to inform you of important facts.

Should you choose to opt in to marketing communications , you are consenting to receive messages such as updates, improvements and/or special offers. You may opt out of marketing communications at any time.

Rewards Program

The Company may offer you a rewards program (the “Program”) and rewards points anytime you purchase products. These points can only be applied towards purchases and cannot be redeemed for cash. Should you delete your account on the Website at any time, you sacrifice the rights to access or use any points you have accrued.

We reserve the right to change or terminate the Program, or any part thereof, at any time without notice and without further obligations to Members, including, but not limited to modifications which: a) govern how points are earned on and after the date of change; or b) change the value of Rewards.

No points will be earned or redeemed after the effective date of termination. Any and all changes and/or amendments to these Terms and Conditions will become binding upon all Members immediately.

Points and Rewards are not transferable and may not be combined among Members or conveyed by any means to anyone, including through a Member’s estate, and may not pass to a Member’s successors and assigns. Accrued Points do not constitute property of the Member. Accrued Points are not transferable by the Member upon death.

Points earned will expire if a Member does not make a Qualifying Purchase within twelve (12) months of the date of issue. Once a sufficient number of points are earned to convert into a monetary Reward, those Rewards will expire, if not redeemed, within ninety (90) days of the date the Reward was earned and issued. Points earned from a purchase that is later returned may be deducted from the Member’s account at the time of a return transaction. In the event a Member elects to opt-out of Harvest Society services, opt out of the Program or request that the Member’s data be deleted, all accrued points will expire.

Termination

We may terminate or suspend access to the Website and its Services immediately and without any prior notice or liability to you, for any reason whatsoever, including without limitation if you breach the Terms, provided the Company with false or misleading information, or if you interfered with use of the Website and its Services.

Geographic Restrictions

The Company and its Services are controlled, offered and operated from facilities in the United States. The Company makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found in, on, and through the Services are solely directed to individuals located in the United States. Nothwithstanding the foregoing, the Company retains all rights, including all intellectual property rights, to the Services and the content therein, throughout the world. If you access the Website from outside the United States, you do so own your own initiative and are responsible for compliance with local laws.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, and other third party affiliates are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary right laws.

These Terms of Service permit you to use the Website for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on our Website.

No Warranties

The Company hereby disclaims all warranties. Harvest Society services, including, but not limited to, its Website, delivery, and rewards, are provided on an “as is” and “as available” basis. The Services are provided without warranties of any kind. You assume the risk of any and all damage or loss from use of, or inability to use, the Services, whether they are provided in-person or through the Internet. To the maximum extent permitted by law, the company expressly disclaims any and all warranties, express or implied, regarding the Services, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or noninfringement. Without limiting the foregoing, the Company, its Affiliate entities, subsidiaries, and licensors do not warrant that the content within the Services is accurate, reliable, or correct; that the Services will meet your requirements; that the Services will be available at any particular time or location; that the Services will be uninterrupted, secure, or error-free; that any defects in the Services will be corrected; or that the Services are free of viruses or other harmful content. Any content downloaded or otherwise obtained through the use of the Services is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download.

Governing Law

To the fullest extent permitted by law, any claim or dispute arising out of or relating to the Program and/or these Terms and Conditions will be governed by and construed under the substantive laws of the State of California, without reference to conflict-of-laws considerations. FURTHER, ANY DISPUTE RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OR THE PROGRAM, INCLUDING CLAIMS BASED ON STATE OR FEDERAL STATUTES, SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN LOS ANGELES, CALIFORNIA. SUCH PROCEEDINGS SHALL BE CONDUCTED UNDER THE PREVAILING RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR’S AWARD SHALL BE BINDING AND FINAL AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. UNDER THIS AGREEMENT, HARVEST SOCIETY AND MEMBER UNDERSTAND AND AGREE THAT THEY ARE GIVING UP THEIR RIGHT TO A COURT OR JURY TRIAL. HARVEST SOCIETY AND MEMBER FURTHER AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THIS PROVISION SHALL NOT APPLY IF MEMBER HAS IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE ANY COMPANY INTELLECTUAL PROPERTY RIGHTS, IN WHICH CASE COMPANY MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF CALIFORNIA. MEMBER CONSENTS TO EXCLUSIVE JURISDICTION AND VENUE IN THESE COURTS.

Limitation on Liability

To the maximum extent permitted by law, in no event shall the Company, its Affiliate entities, officers, directors, employers, agents or licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages of any kind (including, but not limited to, damages for lost profits, goodwill, use, lost data, or other intangible losses) regardless of the foreseeability of those damages, arising out of or in connection with your use of, or inability to use, the Services.

To the maximum extent permitted by applicable law, the Company assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content provided by or in relationship to the Services; (ii) any unauthorized access to or use of our servers and/or any and all personal information stored therein; (iii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services, including any purchases made therein; (iv) any interruption or cessation of transmission to or from the Services; (v) any bugs, viruses, worms, trojan horses, ransomware, malware, or the like that may be transmitted to or through the Services by any third party; (vi) user content that is defamatory, offensive, infringing, or user conduct that is illegal. In no event shall the Company, its Affiliate entities, officers, directors, employers, agents or licensors be liable to you for any claims, proceedings liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to the Company hereunder.

This limitation of liability section shall apply regardless of whether the alleged damages arise out of breach of contract, tort, or any other legal theory or form of action, even if the Company has been advised of the possibility of such damage.

Indemnification

You agree to defend, indemnify and hold harmless the Company and its affiliates against from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Services, including the Website, any other party’s access and use of the Services with your unique Member account credentials (username, password), your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Company will notify you of any such claim, loss, liability, or demand, provided that the Company’s failure to notify you shall in no way eliminate or otherwise modify the Company’s rights to indemnification hereunder.

Class Action Waiver

Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action.

Your access and continued use of the Website signifies your explicit consent to this waiver.

Severability Waiver

If any part of this Terms of Service is found by a court to be invalid, illegal, or unenforceable, the remaining provisions of the Terms of Service will continue in full force and effect.

No License

Nothing contained on the Website, or presented by any other Services, should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by the Company or by any third party.

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) (“CSA”) 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 ANY HARVEST SOCIETY SERVICE. ALTHOUGH THE SITE, HARVEST SOCIETY PROMOTIONAL CONTENT, OR HARVEST SOCIETY REPRESENTATIVES MAY MAKE STATEMENTS REGARDING THE MARIJUANA AND

MARIJUANA PRODUCTS AVAILABLE FROM HARVEST SOCIETY, INCLUDING BUT NOT LIMITED TO, POTENCY, PHARMACOLOGICALLY ACTIVE INGREDIENTS, SOURCE OF CULTIVATION, RECOMMENDED USES, POSSIBLE BUT UNPROVEN BENEFITS, AND ALL OTHER DESCRIPTIONS OR INFORMATION (COLLECTIVELY “MARIJUANA INFORMATION”), SUCH STATEMENTS SHOULD IN NO WAY BE CONSTRUED AS MEDICAL ADVICE. THESE STATEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. HARVEST SOCIETY PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE OR AILMENT. HARVEST SOCIETY DOES NOT MAKE ANY HEALTH CLAIMS ABOUT ITS PRODUCTS SOLD, AND RECOMMENDS CONSULTING WITH A QUALIFIED MEDICAL DOCTOR OR PHYSICIAN PRIOR TO CONSUMING HARVEST SOCIETY-PROVIDED PRODUCTS OR PREPARING A TREATMENT PLAN. ALL MARIJUANA INFORMATION IS PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE UNDER ANY CIRCUMSTANCE.

Contact Us

You are welcome to send all questions, feedback, comments and requests for support regarding communications relating to the website to our Support team by emailing support@harvestsociety.com.