Terms and Conditions
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH IN SECTION 17 ENTITLED “GOVERNING LAW AND DISPUTE RESOLUTION” BELOW, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST DOC MIKE’S ON AN INDIVIDUAL BASIS, MEANING YOU CANNOT BRING CLAIMS AGAINST DOC MIKE’S IN COURT, AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION WAIVER IN ARBITRATION. PLEASE READ IT CAREFULLY AS IT IMPACTS YOUR LEGAL RIGHTS.
Please read these Terms and Conditions (“Terms”) carefully before using the websites, mobile sites, applications, or associated products, software, or any loyalty program (“Program”) and/or other services, events, or programs (collectively, the “Services”) owned and operated by Doc Mike’s (“Doc Mike’s”, “us”, “our”, or “we”) and its affiliates (“Affiliates”) (collectively, the “Sites”). References to “you” and “your” refer to you, a user of the Sites. To view the portion of these Terms containing terms and conditions specific to the Doc Mike’s Loyalty Program, click here.
The Sites and Services provide products, software, and other resources related to products and Services available at Doc Mike’s retail locations or via e-commerce and other general information regarding the cannabis industry. Your use of the Sites and any features on the Sites, or participating in any Services, are subject to these Terms, which we may update from time to time. By accessing the Sites in any way, including, without limitation, browsing the Sites, using any information on the Sites, submitting information to Doc Mike’s via the Sites, and/or participating in any Services, you agree to and are bound by these Terms, and you acknowledge that information you provide or that we collect about you will be processed as described in our Privacy Policy.
Certain features of the Sites may be subject to additional guidelines, terms, or rules, which will be posted on the Sites in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms. If you do not agree to these Terms, do not use the Sites or participate in any Services. Doc Mike’s provides the Sites and Services for use only by persons located within the United States. Doc Mike’s makes no representation that the Sites or their content is appropriate or available for use in locations outside the United States. If we collect or create medical information about you because you are a medical cannabis user, then our Notice of Privacy Practices (“NPP”) will also apply to that information. In the event of a conflict between our Privacy Policy and the NPP, the NPP will control.
- REGULATIONS IN THE CANNABIS INDUSTRY Cannabis remains a Schedule I drug. The cultivation, processing, sale, and possession of cannabis and products containing cannabis, the manufacture, sale, and possession of cannabis paraphernalia, and advertising the sale of cannabis, cannabis products, and cannabis paraphernalia are illegal under the federal laws of the United States and certain state laws. You are responsible for complying with the applicable laws regarding cannabis in your jurisdiction. See Section 20 for additional information. All Doc Mike’s cannabis products are intended for personal use only in the jurisdiction in which they are sold. Products sold by Doc Mike’s are not intended for resale or interstate transport.
- YOU SHOULD SEEK ADVICE FROM YOUR OWN PROFESSIONAL ADVISERS The Sites and the materials on the Sites, including Doc Mike’s Content (defined below) have been prepared by Doc Mike’s for informational purposes only and Doc Mike’s makes no claims with respect to the use or consumption of any Doc Mike’s products. Do not act upon this information without seeking guidance from an attorney, medical professional, or other applicable, qualified professional. The information on the Sites is not intended to provide medical or legal advice. Information on the Sites is not intended to assess, diagnose, or specifically treat any individual’s medical problem(s) or concerns. Information on the Sites is also not intended to provide legal advice in relation to the cannabis industry or any other industry.
- Do not operate vehicles or dangerous equipment while under the influence of cannabis. If you are pregnant or may be pregnant, breastfeeding, suffering from a known health condition, or taking any prescription medications, you should consult your physician or other healthcare professional prior to using cannabis. These statements have not been evaluated by the Food and Drug Administration. None of the products made available by Doc Mike’s are intended to diagnose, treat, cure, or prevent any disease. You acknowledge and agree that no partnership is formed through these Terms or your use of the Sites or participation in any Services and that neither you nor Doc Mike’s has the power or the authority to obligate or bind the other.
- DOC MIKE’S CONTENT Content on the Sites that is provided by Doc Mike’s and its licensors, including, but not limited to, certain graphics, photographs, images, screenshots, text, digitally downloadable files, audio, videos, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“Doc Mike’s Content”) is the property of Doc Mike’s and its licensors and is protected in the U.S. and internationally under state and federal trademark, copyright, and other intellectual property laws.
- You agree not to download, display, or use any Doc Mike’s Content located on the Sites for any publications, in public performances, on websites other than the Sites for any other commercial purpose, in connection with products or services that are not those of Doc Mike’s, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Doc Mike’s and/or its licensors, that dilutes the strength of Doc Mike’s or its licensor’s property, or that otherwise infringes Doc Mike’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any Doc Mike’s Content.
- By entering and/or using the Sites, you acknowledge and agree that any name, logo, trademark, or service mark contained on the Sites and all Doc Mike’s Content is owned or licensed by Doc Mike’s and may not be used by you without prior written approval. Nothing contained in the Sites shall be construed as granting a license or other rights under any patent, trademark, copyright, or other intellectual property of Doc Mike’s.
- ACCURACY OF INFORMATION, PRODUCTS, AND PRICING We attempt to ensure that information provided through the Sites, including Doc Mike’s Content, is complete, accurate, and current. Except as prohibited by applicable law, we make no representation as to the completeness, accuracy, or currency of any information provided through the Sites. Doc Mike’s shall not be responsible for any errors or omissions on the Sites; however, when we discover an error we will endeavor to correct it as soon as possible and notify any customers who we are aware are materially impacted. We reserve the right to amend errors or to update product information at any time without prior notice.
- Not all products that appear on the Sites are offered for sale in all states. Certain products may not be available in your jurisdiction. Products shown on the Sites may appear differently in the dispensary/at the retail establishment.
- The Sites may provide you with pricing for products that are carried by us both in the dispensary/at the retail establishment and/or online. The prices displayed (in U.S. dollars) for products available for purchase via the Sites may only represent the applicable retail prices and may not consist of taxes, delivery fees, or other applicable charges. Before you complete an order, all such applicable charges will be provided to you. The pricing shown to you through use of the Sites may only be good for purchases made through the Sites and may differ from in-store/dispensary pricing.
- Please note that the current price for and availability of a product may differ from the price displayed when the product was first placed in your shopping cart. Price and availability information is subject to change without notice.
- DISCOUNTS AND SPECIAL OFFERS The Sites may display, include, or make available coupons, special offers, promotional codes, giveaways, samples, and other offers from Doc Mike’s (“Deals”). Doc Mike’s displays these Deals on the Sites as a form of advertisement. All Deals may be subject to additional terms, conditions, or restrictions under applicable law, regardless of whether such additional terms, conditions, or restrictions are expressly included on the Sites.
- ORDERS AND DELIVERIES The Sites may consist of features or links to third-party sites permitting you to place an order with us for either pick-up at one of our dispensaries/retail establishments or for delivery. When an order for delivery is placed, it will be delivered to an address designated by you so long as that delivery address is compliant with any applicable delivery restrictions set forth by us through the Sites or otherwise. All orders are subject to acceptance by us, and we will confirm such acceptance in a communication to you. We are not responsible for deliveries that are delayed due to events that are beyond our control, but we will strive to provide you with a seamless delivery process. Not all products shown on the Sites are available in our dispensaries/retail establishments, as some products can only be found online.
- Prior to pick-up or delivery, we reserve the right, without prior notice, to cancel or limit the order quantity on any product or service and/or to refuse service to any user. For example, we may limit or prohibit orders that, in our sole judgment, appear to be placed in violation of these Terms or applicable law, are processed as a result of any fraudulent or misleading activity, or are placed by dealers.
