Agreement Between Member and Tree of Health. (“Tree of Health”)

 

TERMS OF OUR SERVICE.

 

The Tree of Health Website is comprised of various Web pages operated by Tree of Health, who maintains this Website (www.treeofhealthca.com) as a service to our Members who are interested in Medicinal Cannabis products.  The Tree of Health Website is intended to be informative, and access to this Website is governed by the terms and conditions set forth herein and all applicable laws.

 

Through registration as a Member on its Website, Tree of Health (a) receives information from medicinal cannabis patients and members, (b) performs member pre-verification checks to ensure compliance with all applicable laws and regulations, and (c) provide a virtual environment, such as a website and mobile app, through which patients and lawfully operated businesses, cooperatives, and delivery services may establish a relationship for the provision of medicinal cannabis.

 

The Tree of Health Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Tree of Health Web Site constitutes your agreement to all such terms, conditions, and notices.  You acknowledge and agree that all content and material on this Website, including but not limited to, text and images, is protected by copyrights, trademarks, service marks or other intellectual property rights and laws.  Except as expressly authorized in writing by Tree of Health, you agree not to sell, license, rent, modify, distribute, copy, reproduce, or transmit materials or content from the Tree of Health website. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than thirty (30) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

 

 

AGREEMENT TO ABIDE BY ALL APPLICABLE CALIFORNIA CANNABIS LAWS

 

You expressly acknowledge and agree that you are fully responsible for cooperating with all laws regarding the use, possession, cultivation, transportation, and distribution of cannabis. You further acknowledge that any of these activities may be illegal under California law unless all participants are acting entirely within the scope of relevant laws, including but not limited to MAUCRSA. You further acknowledge that you understand that the use, possession, cultivation, transportation, and/or distribution of cannabis is illegal under federal law and that individuals are subject to arrest and/or prosecution by federal officials. You acknowledge and agree that Tree of Health neither provides nor has any obligation to provide any legal protections, such as indemnification, concerning any civil, criminal, or administrative proceeding, investigation, litigation, or prosecution. By Agreeing to the terms of service for Tree of Health and/or using any Service of Tree of Health, you represent and warrant that you are at least 21 years of age, or at least 18 years of age and have a valid physician's recommendation under the laws of California. All of the foregoing are referred to as the “Agreement.”

 

Tree of Health has its principal place of business in The Bay Area of California. If you are not a resident and qualified patient of at least 18 years of age within the State of California, you must be at least 21 years of age. Questions regarding Cannabis Law can be found at (https://cannabis.ca.gov/)

 

 

CONDITIONS OF USE

 

Our services may not be used by or for the benefit of minors: By using the Services, you represent and warrant that you are at least 21 years of age, or as an adult of at least 18 years of age who as a qualified medicinal cannabis patient or as a primary caregiver for a qualified patient, and that you will not facilitate any minor in using our Services.

 

Registration Obligations: You are required to register with us to access our services. If you choose to register for the Service, you agree to provide and maintain valid, accurate, current, and complete information about yourself as prompted by the Service’s registration form. Registration data and specific other information about you are governed by our Privacy Policy. Registration as a Member and subsequent approval by Tree of Health shall grant Member access to our services. Registration as a Member of Tree of Health shall not confer any right other than access to Tree of Health’s services through its Website.

 

User Conduct: The Services are to be used only for personal use in compliance with applicable state and local laws. Your participation in using the Service is for your sole, personal use, as a Member. You agree that you may not and shall not authorize others to use your user status; that you may not and shall not assign or otherwise transfer your user account to any other person or entity; and that you may not and shall not share with or distribute to any third party any medical and/or adult-use cannabis provided to you from or through us, except to the extent you are the primary caregiver for a qualified patient. By using the Service, you further agree that:

 

1.    You will not impair the proper operation of the network;

2.    You will not try to harm the Service in any way whatsoever;

3.    You will keep secure and confidential your account password or any identification we provide you which allows access to the Service and its content;

4.    You will provide us with whatever proof of identity reasonably requested for the use of the Service;

5.    You will at all times act in full compliance with the laws of the state of California pertaining to medicinal cannabis;

6.    You will at all times use the Service SOLELY as an adult of at least 21 years of age, or as an adult of at least 18 years of age who as a qualified medicinal cannabis patient or as a primary caregiver for a qualified patient;

7.    You will comply with the terms of the Membership Agreement;

8.    You will keep your medicinal cannabis physician recommendation current for so long as you are a Member; and

9.    You will not distribute or sell cannabis and related products purchased from Tree of Health.

 

 

 

MATERIALS PROVIDED TO TREE OF HEALTH OR SHARED FROM THE TREE OF HEALTH WEBSITE

 

Tree of Health does not claim ownership of the materials you provide to Tree of Health (including feedback and suggestions) or post, upload, input, or submit to any Tree of Health Website or its associated services ("Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Tree of Health, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

 

No compensation will be paid with respect to the sharing of Tree of Health content to your Submission, as provided herein. Tree of Health is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Tree of Health’s sole discretion.

 

By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

 

PERSONAL AND NON-PERSONAL DATA AND INFORMATION

 

Tree of Health respects the privacy of our users. By using the Application or the Service, you agree that Tree of Health may collect personal and non-personal information. The use of personal data is outlined in Tree of Health’s Privacy Policy, which is entirely incorporated herein by reference.

 

 

COMMUNICATIONS

 

By becoming a User, you expressly consent and agree to accept and receive communications from Tree of Health and/or Dispensaries that you transact with, including via e-mail, text message, calls, and push notifications to the cellular telephone number you provided to us. (Tree of Health may contact you by telephone, text (SMS), or multimedia (MMS) messages at that phone number, and you hereby consent to receive such communications for transactional, operational, or informational purposes) By consenting to being contacted by the Company, you understand and agree that you may receive notifications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of the Company, its affiliated companies and/or Drivers, including but not limited to: operational communications concerning your User account or use of Tree of Health Services, updates concerning new and existing, discussions relating to promotions run by us or third party Dispensaries, and news concerning the Company and industry developments. IF YOU WISH TO OPT-OUT OF PROMOTIONAL EMAILS, TEXT MESSAGES, OR OTHER COMMUNICATIONS, YOU MAY OPT-OUT BY FOLLOWING THE UNSUBSCRIBE OPTIONS PROVIDED TO YOU. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You acknowledge that you are not required to consent to receive promotional messages as a condition of using Tree of Health’s Service. However, you recognize that opting out of receiving text messages or other communications may impact your service from Tree of Health.

 

 

ORDERS AND DELIVERY SAFETY

 

No matter you should always feel safe and comfortable when joining the Tree of Health.

If you are involved in an incident that you believe threatens your safety, please first call the local authorities by dialing 911 or your local non-emergency assistance line. Then, please contact us by emailing info@treeofheatlhca.com, with “ATTN: Security” in the subject line. A member of the Tree of Health team will quickly reach out to you.

 

 

PAYMENTS AND REFUND POLICY

 

Any fees that the Company may charge you for the Application or Service are due immediately and are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to end your usage, the disruption caused to our Application or Service either planned, accidental or intentional, or any reason whatsoever. The Company reserves the right to determine final prevailing pricing. Please note the pricing information published on the website may not reflect the current pricing.

 

The Company, at its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. The Company may change the fees for our Service or Application, as we deem necessary for our business. We encourage you to check back at our website periodically if you wish to learn more regarding how we charge for the Service of Application.

 

 

Full payment is required when a customer places an order. Upon request you may be required to provide proof of Identification to the Delivery Agent. All orders should be signed for as received item’s order - before agent leaving the premise. All payments must be made in Full by the member who placed the order.

 

 

Cancellation Policy. In the event you need to cancel your order, please do so immediately. Send an email to orders@treeofhealthca.com including your Order Number and stating your intention to cancel the order WITHIN 5 MINUTES of making the purchase in order to avoid incurring any reprocessing or missed delivery fees. You should expect a canceled-order confirmation email right away (please check your spam folder). We highly recommend calling our facility at 510-766-6256 if you are unsure about the status of your cancelation.

 

If you do happen to miss the 5-minute window there will be a reprocessing fee of 5% of the Total Order amount charged to the card used to place the order – this is to cover the cost of damaged packaging from attaching your Patient label to the ordered product. If you still haven’t successfully cancelled the order by the time the product(s) are loaded and out on delivery, then a delivery fee will be charged as well.

 

 

RETURN POLICY

 

All sales are final. Tree of Health is not responsible for exchanges due to user error, personal taste or preferences. Defective merchandise or products may be returned, exchanged or refunded if we are notified within three days of the original delivery date. All faulty items must have the original packaging to receive refund/exchange. Defective vape cartridges must meet all the above requirements and have a minimum of 80% of the oil remaining in order to receive a refund/exchange. We reserve the right to refuse service to anyone.

 

To request a Return or Exchange, fill out and submit the following form:

 

https://goo.gl/forms/1UvQM1JkyuRUZpMc2

 

 

LINKS TO THIRD PARTY INTERACTIONS

 

Tree of Health Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Tree of Health and Tree of Health is not responsible for the content of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Tree of Health is not responsible for webcasting or any other form of transmission received from any Linked Site.  Tree of Health is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement Tree of Health of the site or any association with its operators.

 

 You may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their products and/or services through the Application or Service. In particular, the Company is not a party to any transaction that a User may enter into with a Dispensary or third-party payment processor.  Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party.

 

The Company may rely on third-party advertising and marketing supplied through the Application or Service and other mechanisms to subsidize the Application or Service. By agreeing to these terms and conditions, you agree to receive such advertising and marketing.  The Company may compile and release information regarding you and your use of the Application or Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.

 

 

LIABILITY DISCLAIMER

 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE TREE OF HEALTH’S WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TREE OF HEALTH AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE TREE OF HEALTH WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE TREE OF HEALTH WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICINAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

 

TREE OF HEALTH AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE TREE OF HEALTH WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. TREE OF HEALTH AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TREE OF HEALTH AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF TREE OF HEALTH WEB SITE, WITH THE DELAY OR INABILITY TO USE THE TREE OF HEALTH WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE TREE OF HEALTH WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE TREE OF HEALTH WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TREE OF HEALTH OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE TREE OF HEALTH WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE TREE OF HEALTH WEBSITE.

 

SERVICE CONTACT:  INFO@TREEOFHEALTHCA.COM

 

 

TERMINATION/ ACCESS RESTRICTION

 

TREE OF HEALTH reserves the right, in its sole discretion, to terminate your access to the TREE OF HEALTH Web Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in California, U.S.A. in all disputes arising out of or relating to the use of the TREE OF HEALTH Web Site. Use of the TREE OF HEALTH Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and TREE OF HEALTH as a result of this agreement or use of the TREE OF HEALTH Web Site. TREE OF HEALTH’S performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TREE OF HEALTH’S right to comply with governmental, court and law enforcement requests or requirements relating to your use of the TREE OF HEALTH Web Site or information provided to or gathered by TREE OF HEALTH with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and TREE OF HEALTH with respect to the TREE OF HEALTH Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TREE OF HEALTH with respect to the TREE OF HEALTH Web Site. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relate to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

 

 

COPYRIGHT AND TRADEMARK NOTICES

 

All contents of the Tree of Health Web Site including but not limited to text, design, graphics, interfaces, or code are Copyright 2017 by Tree of Health, Inc.  All rights reserved.  All trademarks, service marks, and trade names are trademarks or registered trademarks and are proprietary to Tree of Health, or other respective owners that have granted Tree of Health license to use such marks.

 

 

TRADEMARKS

 

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

 

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

 

Any rights not expressly granted herein are reserved.

 

Notices and Procedures for Making Claims of Copyright Infringement

 

According to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

 

INDEMNIFICATION

 

Upon a request by Tree of Health, you agree to defend, indemnify and hold harmless Tree of Health and its affiliates and their directors, officers, employees and agents against any claims, demands, actions, damages or other liabilities, including expenses and attorney's fees, that arise from your use of this website. Tree of Health reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Tree of Health in asserting any available defenses.

 

 

BINDING ARBITRATION AND CLASS-ACTION WAIVER

 

You agree to binding individual arbitration before the American Arbitration Association under the Federal Arbitration Act and agree not to sue in court in front of a judge or jury.  You understand that through individual arbitration, a neutral arbitrator will decide and the arbitrator’s decision will be final except for limited appeal rights under the Federal Arbitration Act.  Additionally, as a condition of use of the Tree of Health, you understand and agree that class action lawsuits, class-wide arbitrations, private attorney general actions, and any other proceeding where an individual act in a representative capacity is not allowed.  You further understand and agree that individual proceedings cannot be combined for any reason whatsoever without the express consent of all parties involved.

 

Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as outlined in the AAA Rules

 

 

GENERAL

 

This website is intended for Member of Tree of Health, Only those members of Tree of Health are permitted and receive any products from Tree of Health.

 

The statements made regarding these products have not been evaluated by the Food and Drug Administration. The efficacy of these products has not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure or prevent any disease. All information presented here is not meant as a substitute for or alternative to information from healthcare practitioners. Please consult your healthcare professional about potential interactions or other possible complications before using any product. The Federal Food, Drug, and Cosmetic Act require this notice.

 

PROP 65 WARNING: CANNABIS PRODUCTS CONTAIN CHEMICALS KNOWN TO THE STATE OF CALIFORNIA TO CAUSE CANCER AND BIRTH DEFECTS OR OTHER REPRODUCTIVE HARM.

 

Contact Us

 

If you have any questions about these Terms of Use, please contact us at: INFO@TREEOFHEALTHCA.COM