Updated October 17, 2020
These Terms apply to all services provided by N’Bliss (“Services”) where information is collected from or about you, or where data from or about you is used. Services include retail sales and age verification at stores branded or owned by N’Bliss (“Stores”), as well as physical delivery of products to you (“Delivery Service”). Services also include digital services provided through the Internet website located at https://nblisscannabis.com/ (the “Website” or “Site”), applications or software provided online or in conjunction with the Website, and electronic communications sent to you by N’Bliss or its partners (collectively, “Digital Services”).
By using N’Bliss Services, 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.
No Use of the Services by Persons Under 21 Permitted
Our Services are intended for a mature audience. The Company intends only persons who are 18 years or older to use the Services, including the Website. You agree that by using the Services, you represent that you are at least 18 years old and that you are legally able to enter into this Agreement.
By using Company’s Services, including the Website, you agree to be bound by the Company’s Legal Disclaimers published on the Website that are expressly incorporated into this Agreement by this reference. To access the Legal Disclaimers, visit the Website at https://nblisscannabis.com/, and then click on the Legal Disclaimers hyperlink.
You must create an account and provide certain information about yourself (become a “Member”) in order to use some of the features that are offered through the Services. You can create an account for some Services on the Website, or by visiting a Company retail store. Some Services may also be available via a social login from your authorized social networking service account (Facebook or Google or Instagram or similar “social networking” services, each an “SNS”). If you wish to access the Service via your SNS credentials, you must have a valid account on the SNS through which you connect to the Services, which will then enable you to complete registration on the Services. Your membership account gives you access to the Services and functionality that we may establish and maintain from time to time and at our sole discretion. You may use your account settings to control your Member Profile.
When you sign up to become a Member, you must complete the registration process by providing the complete and accurate information requested on the registration forms. You may also be asked to provide your email address and/or phone number, as well as choose a username and password. Member accounts are limited to one account per person. You may not create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple Membership Accounts. Additionally, you may not impersonate someone else.
You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, password, or personal information of someone else at any time. You agree to notify the Company immediately of any unauthorized use of your account, username, or password. You are solely responsible for any and all use of your account, and the activity that occurs on your account.
N’Bliss 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, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
Note that opting out may prevent you from receiving email messages regarding updates, improvements, or special offers.
Note that if you provide your email address to N’Bliss, you consent to receive service messages (“Service Messages”) from N’Bliss, which includes notices about N’Bliss’s communications, your inquiries to N’Bliss, your transactions, and other notices, including notices required by law, in lieu of postal mail. You may not opt out of Service Messages, since N’Bliss may be legally required to inform you of important facts.
Mobile Device Use
By providing your email address or phone number to N’Bliss via the Internet or in person, you are consenting to receive marketing communications from N’Bliss on your phone or other mobile device via email or SMS text messages until you opt out. Communications may be sent to your email address, to the mobile number associated with your mobile device, or both.
In the event you elect to opt out of communications to your mobile device, you may receive an additional message from the Service confirming your election.
The Company does not warrant that the text messaging service controlling messages to your mobile device will be uninterrupted or error free.
You are responsible for paying mobile network carrier fees, taxes, and other charges related to the receipt of email and SMS text messages from the Company to your mobile device.
Though you may access the Service via a mobile device, Company shall not be liable for any delay in performing or failure to perform any obligation hereunder by circumstances beyond our reasonable control including (without limitation) any technical problems beyond the control of Company such as (for example) defects, congestion or failures of capacity or otherwise in the public data or telephone or mobile carrier network or caused by atmospheric interference, your mobile device being turned off for an extended period of time so that messages are not retained, or your being unable to obtain mobile network coverage.
Product Purchases, Billing, and Payment
You acknowledge that Company may charge a fee for the use of any Services, provided that Company notifies you of any such fee before you incur it. Subject to the foregoing, you agree to pay any fees incurred by you, including fees for products or delivery you order via the Services. Fees owed depend on the specific type and quantity of Company products, services, information, or deliverables (collectively “Products”) ordered. Payment of fees shall not be contingent on any events other than the receipt of the ordered Products. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by you. If payment is not current, Company may immediately cease to provide any and all Services to you.
When ordering Products or using our Services, you must provide accurate and complete information as requested in order for us to process your transaction. It is your responsibility to promptly provide us with any contact or billing information changes or updates (including phone number, email address, physical address, credit card numbers, etc.). Account updates should be made by visiting the N’Bliss dispensary location of your choosing.
All sales are final, non-cancelable, and non-refundable except as expressly set forth in this Agreement or as otherwise determined by us in our sole discretion. Due to Missouri State Regulations & DHSS standards, N’Bliss cannot accept returns or exchanges for products that have been opened or tampered with in any way.
All prices specified in descriptions of the Services are recommended retail prices. Prices are current at the time of publication and are subject to change without notice. All pricing is in United States dollars.
You are responsible for paying any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with Products you purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Company reserves the right to collect such taxes or other fees from you at any time.
At its sole discretion, N’Bliss may offer you rewards points when you purchase N’Bliss products. Rewards points can only be applied toward purchases, and cannot be redeemed for cash. If you delete your N’Bliss customer profile, any points you have accrued will become inaccessible and unredeemable.
Exchanges and Refunds
For a limited time determined by us, we may offer exchanges for some cannabis or apparel goods you purchase from us, provided they remain unopened and in their original and perfect saleable condition. See or call your nearest N’Bliss store for current exchange/refund details. Note that all sale items are final and cannot be exchanged. No refunds are permitted on sale items, nor on items that cannot be resold in perfect, unused condition.
If you send or post information (“User Content”) to N’Bliss or its Services, including photos, messages, or commentary, you grant N’Bliss a perpetual worldwide license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, sell, transfer, or reformat your User Content without limitation, notice, or compensation to you. The Company has the right but not the obligation to monitor and edit or remove any activity or User Content in its sole and absolute discretion.
Compliance with Intellectual Property Laws
When accessing the Website or using other N’Bliss Services, you agree to obey by the law and to respect the intellectual property rights of others. Your use of our Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by all laws regarding copyright ownership and the use of intellectual property, and you shall be solely responsible for and indemnify the Company against and damages resulting from, any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your login information. The burden of proving that any content does not violate any laws or third party rights rests solely with you.
The Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website and its other Services. The Company has adopted a policy that provides for the immediate suspension and/or termination of any Website or other Services user who is found to have infringed on the rights of the Company or of a third party, or otherwise violated any intellectual property laws or regulations. The Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, knowledge, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material; (d) information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at: Nirvana Investments, LLC Attn: Website Administrator, 893 Bolger Court., Fenton, Missouri 63026, or via email at firstname.lastname@example.org.
You agree not to use any automated systems, including, without limitation, “robots,” “spiders,” “web crawlers,” “screen scrapers,” “page scrapers,” “offline readers,” “bot” or “Denial of Service” (DoS) traffic generators, or similar tools that access the Website or other Digital Services in a manner that sends more request messages to our network than a human can reasonably produce in the same period of time by using a conventional online web browser.
You will not attempt to gain unauthorized access to any portion or feature of Company’s Services, including its Website, or any other databases or systems or networks connected to these services, or to any of the services offered on or through the Website, by hacking, password “mining,” or any other illegitimate means.
Accessing, collecting, and/or harvesting Members’ information stored on the Website or in other Digital Services, including, but not limited to, their personally identifiable information, are prohibited.
You agree not to frame the N’Bliss Website or other Digital Services in browser frames, or otherwise reroute or alter content from Company’s Digital Services en route to a visitor’s browser.
You agree not to use any portion of the Services as a source or destination for unsolicited bulk messages or unsolicited commercial messages.
You agree not to impersonate Company employees in any electronic message sent to Company or its Members.
Appropriate legal action will be taken for any illegal or unauthorized use of the Services.
The Company hereby disclaims all warranties. N’Bliss’s Services, including, but not limited to, its Website, in-store services, 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.
The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, and the Company will not be a party to or in any way monitor any transaction between you and any third-party providers of products or services.
The Company’s liability to you is limited. 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.
The Company has no control over, and no liability for, any third party websites or materials. The Company works with a number of partners and affiliates whose Internet sites may be linked with our Digital Services, including our Website. Because neither the Company nor our Digital Services have control over the content and performance of these partner and affiliate sites, the Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and the Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of our Digital Services including our Website, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that the Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content. Your dealings with or participation in promotions of advertisers to which you opt-in and/or find on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that the Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
The Company imposes certain restrictions on your permissible use of the Services, including the Website. You are prohibited from violating or attempting to violate any security features of the Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, test, or exploit vulnerabilities of the Services, including the Website, or any associated system or network, or to breach security or authentication measures without proper written authorization from the head of the Company’s Information Security department; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus or other malware to the Services, or overloading, flooding, spamming, mail bombing, crashing, or denying service to the Services; (d) using the Services to send unsolicited e-mail or text messages, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header, email header, mobile device identifier, or any part of the header information in any e-mail or text message or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing its Services. Any violation of system or network security may subject you to civil and/or criminal liability.
All contents of the Services, including the Website, are Copyright 2019-2022, Nirvana Investments, LLC, 893 Bolger Court, Fenton, Missouri 63026. All rights reserved.
All trademarks, service marks, and trade names of the Company used in its Services, including on its Website, are trademarks or registered trademarks of the Company.
Governing Law and Arbitration
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.
If any part of this Agreement is found by a court to be invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.
Nothing contained on the N’Bliss 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.
Availability and Use Outside of the United States
The Services are controlled, offered and operated from facilities in the State of Missouri, 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.
The Company may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email or text message notice, written or hard copy notice, or through conspicuous posting of such notice on the Website or on other Services, as determined by Company in our sole discretion, and even if you have opted out of other communications. Company reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in this Agreement.
N’Bliss Insiders Rewards Program
Effective Date: 10/17/20
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE N’BLISS INSIDERS REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THEN DO NOT ACCESS OR PARTICIPATE IN THE N’BLISS BUDS REWARDS PROGRAM.
The Program is available at participating retail locations in Missouri and is open to U.S. residents at least 18 years of age, or U.S. Residents at least 18 years of age with a valid Missouri Medical Patient ID Card, subject to applicable state and local laws. Membership is limited to individuals only and is limited to one account per individual. Membership will not be available to corporations, businesses, charities, partnerships, enterprises or anyone other than an individual, unless written approval is received in advance from N’Bliss, in its discretion. If you are not eligible, you are prohibited from accessing, using and registering for the Program. Employees of N’Bliss, its affiliates and subsidiaries are eligible to become Members of the Program, but may be excluded from certain promotions. N’Bliss may refuse to offer or continue offering Program access or services to any person and may change its eligibility criteria from time to time in its sole discretion. N’Bliss may refuse to accept any application to register as a Member in its sole discretion.
Enrollment and Qualifying Purchases
Customers may enroll in the Program at any participating N’Bliss store by supplying the following information: First name, Last name, mobile phone number, and e-mail. Customers enrolled in the Program (“Members”) will receive one (1) point for every dollar spent before taxes on all Qualifying Purchases. A Qualifying Purchase shall mean all purchases made at any participating N’Bliss retail store (including in-store pick-up orders placed on nblisscannabis.com and delivery, if applicable) with the exception of gift cards, purchases made prior to the effective date and other merchandise designated as a special promotion. Qualifying Purchases are determined at N’Bliss’s sole discretion. Points have no cash value and may not be redeemed in partial increments, for merchandise or any other value. Earned points will post to a Member’s account within twenty-four (24) hours of the in-store purchase date and will remain pending prior to the twenty-four (24) hour requirement. A Member may check their point balance with an in-store Wellness Specialist or via the N’Bliss Loyalty Wallet that can be saved to the Members mobile device.
Rewards are earnable and redeemable at all participating N’Bliss Stores. Reward redemptions will be deducted from a Member’s purchase before taxes. Multiple Rewards concurrently in a Member’s account cannot be combined on any single purchase. Rewards may be redeemed with other discounts, promotions or offers except where noted otherwise. A Reward will be deducted from the purchase price subtotal after a promotion or discount is applied and before taxes. Rewards are not transferable, valid to purchase a gift card, price adjustments, and/or redeemable for cash.
Points earned will expire if a Member’s does not make a Qualifying Purchase within twelve (12) months of the date of issue. Rewards available may be added, changed, re-valued, or deleted at any time at the sole discretion of N’Bliss. 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 N’Bliss services, opt out of the Program or request that the Member’s data be deleted, all accrued points will expire.
Participation in the Program is a privilege granted to Members, and as such may be revoked, suspended, or terminated at any time by N’Bliss for any reason. If your Program membership is terminated, all points associated with your membership and any membership benefits will be forfeited immediately upon termination. If your membership is terminated due to fraudulent activity or noncompliance with these Terms and Conditions, in addition to immediately forfeiting all points and membership benefits, you cannot participate in or rejoin the Program, and N’Bliss reserves all rights to pursue damages caused by the fraudulent activity or noncompliance.
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.
Program Changes and Terminations
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.
Unless Member has expressly opted out of receiving marketing communications, N’Bliss will communicate with Members about Member promotions and other marketing materials via mail, e-mail, and other channels.
Member is responsible and liable for any applicable sales, use, or other taxes which may result from Member’s participation in the Program.
Release of Liability
By agreeing to participate in the Program, you release N’Bliss, its parent and subsidiaries and affiliate entities and vendors, and each of their respective directors, officers, employees and agents (collectively “Released Parties”) from all liability with respect to the misdirection or misuse of any points or Rewards, or the use of any Reward by any individual other than the Member who earned the Reward. You further agree through your agreement to participate in the Program to release the Released Parties from and against any and all claims, damages, losses, liabilities and other expenses (including, without limitation, attorney’s fees and expenses) relating to your participation in the Program, use of the Rewards, or agreement to any of these Terms and Conditions.
Warranties and Disclaimers
The Program may be unavailable, inaccurate or interrupted from time-to-time for a variety of reasons. We are not responsible for any unavailability, interruptions or errors of the Program or its features. N’Bliss is not responsible for unauthorized use of points. N’Bliss may from time to time request information from you to confirm your identity before it will allow use of your points.
The Released Parties make no warranty or condition, express or implied, including, but not limited to, any warranties or conditions of merchantability or fitness for a particular purpose with respect to the Program, membership in the Program, or any products or services related to the Program, including the Rewards. YOU AGREE THAT PARTICIPATION IN THE PROGRAM, MEMBERSHIP IN THE PROGRAM, AND USE OF ANY PRODUCTS OR SERVICES RELATED TO THE PROGRAM, INCLUDING ALL BENEFITS AND REWARDS IN CONNECTION WITH THE PROGRAM, IS ENTIRELY AT YOUR OWN RISK. PROGRAM PRODUCTS, SERVICES, BENEFITS AND REWARDS ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, N’BLISS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE PROGRAM, AND THE N’BLISS WEBSITES. TO THE FULLEST EXTENT PERMITTED BY LAW, N’BLISS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS OFFERED BY THIRD PARTIES, RECEIVED THROUGH OR ADVERTISED IN THE PROGRAM, ON THE N’BLISS WEBSITES OR AT THE N’BLISS STORES. TO THE FULLEST EXTENT PERMITTED BY LAW, N’BLISS DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE PROGRAM, N’BLISS WEBSITES AND N’BLISS MARKETING MATERIALS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
Limitation on Damages
UNDER NO CIRCUMSTANCES SHALL N’BLISS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF N’BLISS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR MISUSE OF THE N’BLISS WEBSITES OR THE PROGRAM, FROM YOUR INABILITY TO USE THE N’BLISS WEBSITES, THE PROGRAM, FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE N’BLISS WEBSITES OR THE PROGRAM, OR FROM ANY OTHER CLAIM RELATING IN ANY WAY TO THE PROGRAM OR THESE TERMS AND CONDITIONS. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY THIRD-PARTY SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE N’BLISS WEBSITES, THE PROGRAM, OR ANY LINKS ON THE N’BLISS WEBSITES AS WELL AS BY REASON OF ANY THIRD-PARTY INFORMATION, ADVICE, OR ADVERTISEMENT. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. CERTAIN OTHER JURISDICTIONS DO NOT PERMIT LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO INDEMNIFY AND HOLD N’BLISS, ITS OFFICERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, AGENTS, SERVICE PROVIDERS, VENDORS, SUPPLIERS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEY FEES AND COURT COSTS, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF YOUR SUBMISSIONS; ANY THIRD-PARTY EVENT, WEBSITE OR ORGANIZATION; YOUR MISUSE OF THE N’BLISS WEBSITE OR THE PROGRAM; YOUR VIOLATION OF THE TERMS AND CONDITIONS; YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES HEREIN; OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
All Program designs, text, graphics, logos, images, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress, and/or intellectual property in such materials are owned by N’Bliss.
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 Missouri, 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 ST. LOUIS COUNTY, MISSOURI. 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, N’BLISS AND MEMBER UNDERSTAND AND AGREE THAT THEY ARE GIVING UP THEIR RIGHT TO A COURT OR JURY TRIAL. N’BLISS 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 MISSOURI. MEMBER CONSENTS TO EXCLUSIVE JURISDICTION AND VENUE IN THESE COURTS.
If any provision of these Terms is held to be unlawful, or for any reason, unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
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 MARIAUNA 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 N’BLISS STORE. ALTHOUGH THE N’BLISS WEBSITE AND EMPLOYEES OF N’BLISS STORES MAY PROVIDE INFORMATION REGARDING THE MARIJUANA AND MARIJUANA PRODUCTS AVAILABLE FROM EACH N’BLISS LOCATION, INCLUDING BUT NOT LIMITED TO POTENCY, PHARMACOLOGICALLY ACTIVE INGREDIENTS, SOURCE OF CULTIVATION, RECOMMENDED USES AND BENEFITS, AND ALL OTHER DESCRIPTIONS OR INFORMATION (COLLECTIVELY “MARIJUANA INFORMATION”), SUCH MARIJUANA INFORMATION SHOULD IN NO WAY BE CONSTRUED AS MEDICAL ADVICE. 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. ALWAYS CONSULT YOUR PRIMARY CARE PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER PRIOR TO USING MARIJUANA OR A MARIJUANA PRODUCT FOR TREATMENT OF A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR FAIL TO SEEK IT FOLLOWING RECEIPT OF MARIJUANA INFORMATION FROM THE SITE OR A N’BLISS LOCATION WHERE YOUR USE OF MARIJUANA IS TO TREAT A MEDICAL CONDITION. N’BLISS AND EACH N’BLISS LOCATION CANNOT GUARANTEE THE ACCURACY OF ANY MARIJUANA INFORMATION PROVIDED ON THE SITE; DO NOT RELY ON SUCH MARIJUANAINFORMATION.
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