TERMS & CONDITIONS

Last updated 07/29/24

This site is operated by Silverleaf Cannabis Co., also referred to as Silverleaf (together with any affiliates, “Silverleaf Cannabis Co.,” “we,” or “us”). These Terms & Conditions (“Terms”) apply solely to your access to, and use of, the website operated by Silverleaf and other websites, mobile sites, and other online services that link to these Terms and are operated by Silverleaf Cannabis Co. (the “Site” or “Sites”).

 

Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms. By accessing, viewing, or using the content, material, or any products or services available on or through this Site, you indicate that you understand these Terms.

 

THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AN ACTIVE MEMBER OF THE MONTANA MEDICAL MARIJUANA PROGRAM. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.

 

All questions or comments about the Sites or site content should be directed to us.

1. DISCLAIMERS

 

1.1 Disclaimer. THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND THE COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

2. ACCESS TO THE SITE

 

2.1 License. Subject to these Terms, the Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use.

 

2.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to the functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.

 

2.3 Modification. The Company reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.

 

2.4 No Support or Maintenance. You acknowledge and agree that the Company will have no obligation to provide you with any support or maintenance in connection with the Site.

 

2.5 Ownership. Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by the Company or approved third parties such as the Company’s affiliates or suppliers. Neither these Terms nor your access to the Site transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. The Company and its licensors reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

 

2.6 Acknowledgment of Medical Need. By accessing this Site you confirm you are a member of the Montana Medical Marijuana Program and all of the information contained inside this Site is intended only for active patients of the Montana Medical Marijuana Program.

 

2.7 Content. By accessing this Site and any of the Company’s subsidiary sites, pages, or locations of content you accept the information, pictures, and assets in the site as information that you requested to view. You accept that information related to medical marijuana or cannabis that can be accessed via the Company’s Site, Company’s subsidiary sites, pages, or locations of content has been requested to view by you, a Montana Medical Marijuana Program patient or provider.

3. ACCOUNTS

 

3.1 Account Creation. In order to use certain features, including online orders and purchases, of the Site, you may have to register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. Account information is maintained and processed through third-party providers. You are subject to such third party’s terms and conditions, as applicable. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site if the Site offers public Accounts. The Company may suspend or terminate your Account in accordance with Section 8.

 

3.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify the Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

4. USER CONTENT

 

4.1 User Content. “User Content” means any and all information and content that a User submits to, or uses with, the Site (e.g., content in the User’s account). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You represent and warrant that your User Content does not violate our Acceptable Use Policy as provided for in this Section.

 

4.2 You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by the Company. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. The Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

 

4.3 License. You hereby grant (and you represent and warrant that you have the right to grant) to the Company an irrevocable, nonexclusive, royalty-free and fully-paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site, subsidiary sites, pages, or locations of content. You irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

 

4.4 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”: (a) You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party. (b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other Users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site, whether through password mining or any other means; (vi) harass or interfere with any other User’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site.

 

4.5 Enforcement. We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities) if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. You acknowledge that Silverleaf Cannabis Co. may monitor and access your User Content and any information related to your use of the Site. Silverleaf Cannabis Co. reserves the right to delete any data or information stored on Silverleaf Cannabis Co.’s servers or systems that we deem unacceptable at our sole discretion.

 

4.6 Feedback. If you provide the Company with any feedback or suggestions regarding the Site (“Feedback”), you assign to the Company all rights in such Feedback and agree that the Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. The Company will treat any Feedback you provide to the Company as non-confidential and non-proprietary. You agree that you will not submit to the Company any information or ideas that you consider to be confidential or proprietary.

5. THIRD-PARTY LINKS & ADS; OTHER USERS

 

5.1 Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of the Company, and the Company is not responsible for any Third-Party Links & Ads. The Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.

 

5.2 Release. You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads).

6. INDEMNIFICATION & LIMITATION OF LIABILITY

 

6.1 User Liability. TO THE EXTENT ALLOWED BY LAW, THE COMPANY (AND OUR SUPPLIERS) SHALL NOT BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF OBTAINING SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES THAT ARISE FROM OR RELATE TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF THE COMPANY HAS BEEN WARNED ABOUT THE POSSIBILITY OF SUCH DAMAGES. USING THE SITE IS AT YOUR OWN RISK, AND YOU WILL BE RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.

 

6.2 Company’s Limited Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, DESPITE ANYTHING CONTRARY IN THESE TERMS, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE CAUSE OR FORM OF ACTION, WILL NEVER EXCEED FIFTY US DOLLARS (U.S. $50). THE PRESENCE OF MULTIPLE CLAIMS WILL NOT INCREASE THIS LIMIT. YOU ALSO AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT.

 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

6.3 Indemnification. You agree to defend, indemnify, and hold the Company (and its officers, employees, and agents) harmless from any claims, demands, or expenses, including legal fees, made by any third party due to or arising out of (a) your use of the Site, (b) your breach of these Terms, (c) your violation of applicable laws or regulations, or (d) your User Content. The Company reserves the right, at your expense, to assume exclusive defense and control of any matter for which you must indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the Company’s prior written consent. The Company will make reasonable efforts to inform you of any such claim, action, or proceeding as soon as it becomes aware of it.

7. NO MEDICAL ADVICE

 

7.1 Not Intended as Medical Advice. The content available on the Site, including text, graphics, images, or any other information (collectively referred to as the “Content”), is provided for informational purposes only. Medical marijuana products are not intended to diagnose, treat, cure, or prevent any disease. The Content should not be considered a substitute for professional medical advice, counseling, diagnosis, or treatment. Always consult with your physician or another qualified healthcare professional if you have any questions regarding a medical condition.

8. PRIVACY POLICY

 

8.1 Privacy Policy. Any personal information you provide to us through the Site is governed by our “Privacy Policy.” Please review our Privacy Policy, which is incorporated into these Terms by reference, to understand how we collect, use, and disclose user information. You agree not to provide us with anyone else’s personal information unless you have the legal right to do so and have informed the individual about our Privacy Policy.

9. COPYRIGHT POLICY

 

9.1 Copyright/Trademark Information. Copyright © Silverleaf Cannabis Co. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Site are our property or that of third parties. You are not allowed to use these Marks without our prior written consent or the consent of the third party that owns the Marks.

 

9.2 Intellectual Property of the Company and Others. The Company respects the intellectual property rights of others and expects users of our Site to do the same. We have implemented a policy that complies with copyright law, which includes the removal of infringing materials and, in appropriate circumstances, the termination of users who repeatedly infringe on intellectual property rights, including copyrights. If you believe that a user of our Site is unlawfully infringing on your copyright(s) and wish to have the infringing material removed, you must provide the following information in the form of a written notification (in accordance with 17 U.S.C. § 512(c)) to our designated Copyright Agent:

 

  • Your physical or electronic signature;
  • Identification of the copyrighted work(s) you claim have been infringed;
  • Identification of the material on our services that you claim is infringing and that you request us to remove;
  • Sufficient information to allow us to locate such material;
  • Your address, telephone number, and email address;
  • A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the copyright owner or authorized to act on behalf of the copyright owner.

 

9.3 Misrepresentation. Please be aware that, under 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification will subject the complaining party to liability for any damages, costs, and attorney’s fees incurred by us in connection with the written notification and the allegation of copyright infringement.

 

9.4 Copyright Agent. The designated Copyright Agent for the Company is: Silverleaf Cannabis Co.


Designated Agent:


Address of Agent:


Telephone:


Email:

10. GENERAL

 

10.1 Changes. These Terms may be revised occasionally. If we make significant changes, we may not notify you beforehand. The Company and its Third-party Affiliates reserve the right to alter any aspect of the Site at any time without notice. Any revisions to these Terms will take effect immediately upon being published on our Site and will apply to new users right away. Continued use of our Site after such changes indicates your acknowledgment of and agreement to the modified Terms and Conditions.

 

10.2 Export. The Site may be subject to U.S. export control laws and other countries’ export or import regulations. You agree not to export, re-export, or transfer any U.S. technical data obtained from the Company or any products utilizing such data, in violation of U.S. export laws or regulations.

 

10.3 Disclosures. The Company is located at 703 W Mendenhall St Suite C, Bozeman, MT 59715. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs at 400 R Street, Sacramento, CA 95814, or by calling (800) 952-5210.

 

10.4 Electronic Communications. Communications between you and the Company are conducted electronically, whether through the Site or via email. For contractual purposes, you (a) consent to receive communications from the Company electronically; and (b) agree that all Terms, conditions, agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirements for such communications to be in writing. This does not affect your non-waivable rights.

 

10.5 Choice of Law. These Terms, their interpretation and execution, and the relationship between you and us shall be governed by the laws of Montana. Any claims or disputes arising from these Terms shall be brought before a court of competent jurisdiction in the City and County of Bozeman, Montana.

 

10.6 Acknowledgment of Federal and State Law. You acknowledge that marijuana is classified as a Schedule 1 substance under the United States Controlled Substances Act. We are based in Montana, and you must comply with the laws of your state of residence. You take full responsibility for adhering to the laws of your state.

 

10.7 Compliance with Controlled Substances Act. All products sold through any public online or e-commerce store on this Site contain 0.3% THC or less, in compliance with federal law under the Controlled Substances Act (CSA), 21 U.S.C. 801.

11. TERM AND TERMINATION

 

11.1 Term. These Terms will remain effective while you use the Site, subject to this Section. We reserve the right to suspend or terminate your access to the Site (including your Account) at our sole discretion, for any reason, including violations of these Terms. Upon termination of your rights under these Terms, your Account and access to the Site will be terminated immediately. You acknowledge that any termination of your Account may involve the deletion of your User Content from our live databases. The Company will not be liable to you for any termination of your rights under these Terms, including the termination of your Account or the deletion of your User Content. Certain provisions of these Terms will remain in effect even after your rights are terminated.

 

11.2 Entire Agreement. These Terms represent the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Section titles in these Terms are for convenience only and hold no legal or contractual significance. The term “including” means “including without limitation.” If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full effect, and the invalid or unenforceable provision will be modified to be valid and enforceable to the fullest extent permitted by law. This agreement does not create any partnership, joint venture, or agency relationship between you and the Company. You may not assign, subcontract, delegate, or transfer your rights and obligations under these Terms without the prior written consent of the Company. Any attempted assignment, subcontract, delegation, or transfer in violation of the above will be null and void. The Company may freely assign these Terms. These Terms shall be binding upon assignees.

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