Terms and Conditions

IMPORTANT! THESE TERMS OF SERVICE (TOS) GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY OUR COMPANY. BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY OUR COMPANY AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.

Access To This Site

YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE FALLS WITHIN THE CHILD ONLINE PRIVACY ACT (COPA) AND IS NOT MONITORED AS DOING SO.To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If our Company believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time, without notice.

Restrictions On Use

You may use this site for purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose, without our Company’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyperlink to this site, without the express prior written permission of an authorized representative of our Company. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with our Company in causing any unauthorized co-branding, framing or hyperlinking immediately to cease.

Proprietary Information

The material and content (hereinafter referred to as the “Content”) accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by our Company is the proprietary information of our Company or the party that provided the Content to our Company, and our Company or the party that provided the Content to our Company retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of our Company, or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates our Company’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

Hyperlinks

This site may be hyperlinked to other sites which are not maintained by, or related to, our Company. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with this site or our Company. Our Company has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyperlinks are to be accessed at the user’s own risk, and our Company makes no representations or warranties about the content, completeness or accuracy of these hyperlinks or the sites hyperlinked to this site. Further, the inclusion of any hyperlink to a third-party site does not necessarily imply endorsement by our Company of that site.

Submissions

You hereby grant to our Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to our Company through this site (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Our Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations.Our Company will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth on this site.

Disclaimer

You understand that our Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. Our Company does not assume any responsibility or risk for your use of the Internet.The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Company. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.YOUR USE OF THIS SITE IS AT YOUR OWN RISK. The Content is provided “as is” and without warranties of any kind, either expressed or implied. Our Company disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, TITLE, OR NON-INFRINGEMENT. Our Company does not warrant that the functions OR CONTENT contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Our Company does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and Company may make changes or improvements at any time. You, and not our Company, assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. Our COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Company does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.

Limitation On Liability

THIS COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.

Indemnity

You will indemnify and hold the Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

Trademarks

Trademarks, service marks, and logos appearing in this site are the property of Company or the party that provided the trademarks, service marks, and logos to Company. Company and any party that provided trademarks, service marks, and logos to Company retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.

Information You Provide

You may not post, send, submit, publish, or transmit in connection with this site any material that:

    • you do not have the right to post, including proprietary material of any third party;
    • advocates illegal activity or discusses an intent to commit an illegal act;
    • vulgar, obscene, pornographic, or indecent;
    • does not pertain directly to this site;
    • threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
    • seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
    • infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
    • violates any law or may be considered to violate any law;
    • impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
    • solicits funds, advertisers or sponsors;
    • includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
    • disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
    • includes MP3 format files;
    • amounts to a ‘pyramid’ or similar scheme;
    • disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
    • contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.

Although under no obligation to do so, our Company reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action or inaction by Company or such third party with respect to any submission.

Security

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Company will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Company considers insecure, Company will be entitled to require the password to be changed and/or terminate your account.You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of these Terms of Use.Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER [COMPANY] OR LAW ENFORCEMENT AUTHORITIES.

Miscellaneous

These Terms of Use will be governed and interpreted pursuant to the laws of California, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in California in connection with any dispute between you and Company arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in California. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. Company may revise these Terms of Use at any time by updating this posting.

Kushy Plus Terms of Use

We operate within the BCC regulations. You may review the latest regulations in detail by visiting https://www.bcc.ca.gov/law_regs.

Kushy Punch (“Our”, “KP”, “Company”, “We” ) has set forth the Terms of Use as a binding agreement for all services in connection with our website, https://www.kushypunch.com. You agree that you have read, understood and agree to our Terms of Use Agreement for our services whether you are a registered member or visitor from all devices, including desktop, laptop or mobile devices. KP reserves the right to amend this agreement at our sole discretion as changes in cannabis policy or within our company occur. If any changes are made to the Terms of Use the date at the top of the page will indicate the updated revision. It is your responsibility to review these Terms of Use periodically.

Age

You agree that you are at least 18 years old with a valid “medical marijuana recommendation” or 21 years or older for all “recreational” users. You further agree that all the information that you have provided is accurate, truthful and that you are legally able to enter into this agreement.

Delivery Options

Kushy Punch does not offer delivery. We offer the ability for your orders to be taken and fulfilled by our licensed delivery partners. Our licensed retail partners offer same-day or next-day delivery depending on your location. Our delivery areas may change as our coverage area and logistical capabilities expand.

KP licensed partners offer delivery to your residence or place of employment. You are required to be present to receive your order when your driver arrives.  Your driver will verify your ID, payment method and collect a signature. If you are not present, your driver will wait for a maximum of 5 minutes before leaving. In the event that you were not able to receive your package, your order will be rescheduled for the following day. After three failed delivery attempts, your order may be cancelled and refunded.

Deliveries can not be made to publicly owned land such as government buildings or offices, parks or schools. All deliveries must be to a physical address within the state of California.

Privacy Policy

Our Company respects your personal information and takes privacy very seriously. KP’s complete privacy policy may be viewed by clicking here.

California Only

Our services are currently only accessible within the State of California. Access to our website or services should not be confused or construed as doing business outside the state or jurisdictions of California.

Kushy Plus Account Information

You must create an account to become a registered member and use our licensed delivery partner’s services by providing necessary information about yourself, including:

  • Valid government issued identification, such as a drivers license, state issued ID card, Military ID or US passport;

  • Current Medical Marijuana Recommendation (NOT REQUIRED IF YOU ARE 21 YEARS OF AGE OR OLDER) issued by a medical doctor; recommendations are further verified for legitimacy;

  • ALL RECREATIONAL CANNABIS MEMBERS (WITHOUT A VALID MEDICAL MARIJUANA RECOMMENDATION) MUST BE 21 YEARS OR OLDER.

  • ANYONE OVER 18 YEARS AND UNDER 21 OF AGE MUST HAVE A VALID MEDICAL MARIJUANA RECOMMENDATION ISSUED FROM A MEDICAL DOCTOR. ALL RECOMMENDATIONS ARE VERIFIED.

  • Selfie with identification; photo must be clear and easy to match ID photo with your face; safety for our delivery employees is of the highest importance;

  • Email address; you give permission to KP to use your email address for all service-type notices, including legal notices or disclosures required by law, order information, delivery updates, marketing messages, specials, discounts, offers or other required information. You may opt out by clicking the ”unsubscribe” link at the bottom of the sent email. You may also unsubscribe by sending an email to info@kushypunch.com;

  • Phone Number; the number MUST be your phone number. You agree to receive SMS or text messages for delivery related messages as well as promotional sale alerts.

  • Billing Address; Kushy Punch does not process and/or save nor store any debit or credit card information. It is your responsibility to provide accurate billing information matching your payment method billing information;

  • Delivery Address; Your delivery address must be within our delivery zone. Simply type your zip code into our zip code checker at https://www.kushypunch.com/shop-licensed-delivery/ to determine if your address is within our delivery zone options. We may ask for additional proof of address (POR) during your initial sign up process or if a licensed delivery partner determines it necessary for added safety or fraud protection.

Your membership account gives you access to the services and functionality that Kushy Punch’s licensed partners offer, as well as access to your account settings and Member Profile.

You must provide accurate information requested.You may not use the account, username, or password of someone else at any time. You agree to notify Kushy Punch immediately of any unauthorized use of your account, user name, or password. You are solely responsible for any and all use of your account, and the activity that occurs on your account. You are entirely responsible for maintaining the confidentiality of your password. You can not create multiple accounts nor impersonate someone else.

Limited Liability

Kushy Punch, KP’s affiliate entities, owners, officers, directors, employers, employees, agents, 3rd party affiliates or licensors in no event shall be liable for any direct, indirect, incidental, punitive, consequential or any other damages of any sort (including, but not limited to damages from any cannabis products, data, use, lost profits or any other intangible losses) and under any circumstance surrounding those damages, originating around or within your use or inability to use, our website or services.

KP and  affiliate entities assume no liability or responsibility for mistakes, errors, or inaccuracies of content on our website or service; including but not limited to any unauthorized access to or use of our servers and/or any and all personal information stored therein; personal injury or property damage, of any nature whatsoever, resulting from your access to and use of of our  services, including any purchases made therein; any incident from time using our online services to the actual delivery and thereafter; any bugs, viruses, worms, trojan horses, or the like that may be transmitted to or through our services by any third party; user content that is defamatory, offensive, infringing, or user conduct that is illegal. In no event shall KP, affiliate KP  entities, officers, directors, employers, employees, agents or licensors be liable to you for any claims, obligations, damages, losses or costs in an amount exceeding the amount you paid to the KP.

California User Notice

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

Proposition 65 Notice

In 2009, the CA Office of Environmental Health Hazard Assessment added marijuana smoke to its list of chemicals known to cause cancer. Members hereby acknowledge and accept receipt of this notice.

Food and Drug Administration (FDA) Disclaimer

Statements pertaining to products have not been evaluated by the Food and Drug Administration (FDA). These products are not intended to diagnose, treat, cure, or prevent any disease. Members hereby acknowledge and accept receipt of this notice.

Acknowledgement

You agree and and are bound to these terms of use by using our service and website.