Terms of Service
Last modified: 06/22/2023
These Terms of Service ("Terms") govern your use of Aery Edibles LLC’s (“Aery Edibles,” “Company,” “Us” or “We”) website (“Website”), and by accessing our Website, you agree to these Terms. These Terms also incorporate our Privacy Policy, which explains how we collect, use, and share your information.
Please read these Terms carefully and fully before accessing or using our Website. If you do not agree to all these Terms or our Privacy Policy, you must not access or use our Website. We reserve the right to modify these Terms at any time without notice. All changes will take effect immediately upon posting to the Website.
Permitted Users
The Website is intended for use and access by individuals who are 21 years or older. By using this Website, you represent that you are at least 21 years old and that you are legally able to enter into this agreement. Use of the Website by persons under 21 is strictly prohibited. We do not intentionally collect any information from persons under the age of 21 in compliance with the Child Online Privacy Act (COPA).
To access some of the resources on our Website, you may be asked to provide certain details or other information. By providing such information, you represent that all the information you provide is correct, current, and complete. We reserve the right to refuse you access to this Website or any of its resources, and to terminate or suspend your access at any time, without notice, if we believe the information you provide is not accurate, current, or complete.
Intellectual Property Rights
Unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Aery Edibles or any affiliated third party is strictly prohibited.
All content on this site, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of Aery Edibles or its affiliated brands and content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Aery Edibles, and protected by international copyright laws.
Aery Edibles's trademarks and trade dress may not be used in connection with any product or service that is not Aery Edibles's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Aery Edibles. All other trademarks not owned by Aery Edibles or its subsidiaries that appear on this site are the property of their respective owners.
Limited License & Site Access
Aery Edibles grants you a limited license to access and make personal use of this Website. The material and content available on our Website is our proprietary information or the proprietary information of the party that provided the Content to us, and we or the party that provided the Content to us retain all rights, title, and interest in the Content.
You may create a hyperlink to our homepage, provided the link does not portray Aery Edibles, its brands and affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any of Aery Edibles's logos or proprietary graphics as part of the link without express written permission.
The Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Aery Edibles, except that you may print a copy of the Content solely for your personal use. In doing so, you must not alter or remove any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Unauthorized modification or use of the Content, except as expressly provided in these Terms, violates Aery Edibles's intellectual property rights. Any unauthorized use terminates the permission or license granted by Aery Edibles.
Indemnity
You agree to indemnify and hold harmless Aery Edibles, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (collectively referred to as the "Indemnified Parties") from any breach or unauthorized use that arises from (1) your access to or use of the Website, including to obtain cannabis products; (2) your misuse of any material, data, or other information downloaded or otherwise obtained from the Website; or (3) your violation of these Terms of Use. You acknowledge that the Indemnified Parties will have no liability in connection with such breach or unauthorized use, and you agree to indemnify them for any resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees. You will also indemnify the Indemnified Parties against any claims brought by third parties arising out of your use of the information accessed from this Website.
If you are a resident of California, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
California Proposition 65
In accordance with California's Proposition 65, we are required to provide a warning to California consumers regarding products containing certain chemicals. The following Proposition 65 warning applies to the products depicted or offered for sale on or through our Website: WARNING: This product can expose you to chemicals including beta-myrcene, known to the State of California to cause cancer, and THC (Δ⁹-Tetrahydrocannabinol or Delta-9-Tetrahydrocannabinol), known to cause reproductive harm. For more information, visit www.P65Warnings.ca.gov. We strive to present our products responsibly and encourage our customers to make informed purchasing decisions, including learning more about Proposition 65. For more information about Proposition 65, please visit www.oehha.ca.gov.
Information You Provide Any personal information you submit through this Website will be treated in accordance with our Privacy Policy.
If we offer opportunities for public comment or other submissions, you are prohibited from posting, sending, submitting, publishing, or transmitting any material that:
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You do not have the right to post, including proprietary material of any third party;
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Advocates illegal activity or discusses intent to commit an illegal act;
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Is vulgar, obscene, pornographic, or indecent;
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Does not pertain directly to this Website;
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Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
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Seeks to exploit or harm children by exposing them to inappropriate content or asking for personally identifiable details;
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Infringes any intellectual property or other rights of any entity or person, including violating copyrights or trademarks or their rights of publicity;
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Violates any law or may be considered to violate any law;
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Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
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Advertises any commercial endeavor or otherwise engages in any commercial activity except as specifically authorized on this Website;
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Solicits funds, advertisers or sponsors;
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Includes programs containing viruses, worms, or Trojan horses designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications;
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Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users can type, or otherwise affects the ability of other people to engage in real-time activities via this Website;
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Includes MP3 format files;
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Amounts to a 'pyramid' or similar scheme;
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Disobeys any policy or regulations established from time to time regarding the use of this Website or any networks connected to this Website;
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Contains hyperlinks to other Websites containing content that falls within the descriptions set forth above.
While we are not obligated to do so, we reserve the right to monitor the use of this Website to ensure compliance with these Terms of Use and to remove or refuse any submissions for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Aery Edibles nor any third party providing Content to Aery Edibles will assume or have any liability for any action or inaction by Aery Edibles or such third party with respect to any submission.
Security
We value the security and integrity of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or misuse your personal information. Therefore, you acknowledge and agree that you provide your personal information at your own risk.
Passwords for this website are for individual use only. You will be responsible for securing your password. Aery Edibles has the right to monitor your password and, at its discretion, require you to change it. If Aery Edibles considers your password insecure, we may require you to change it and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this website to compromise security or tamper with system resources 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, Aery Edibles reserves the right to release your details to system administrators at other websites to assist them in resolving security incidents. We reserve the right to investigate suspected violations of these Terms of Use.
Aery Edibles cooperates fully with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS AERY EDIBLES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY AERY EDIBLES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER AERY EDIBLES OR LAW ENFORCEMENT AUTHORITIES.
Governing Law
These Terms of Use are governed by the laws of the State of California, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in California in connection with any dispute between you and Aery Edibles arising out of these Terms of Use. Both parties agree that the exclusive venue for any dispute arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in Sonoma County, California. If any part of these Terms of Use is deemed unlawful, void, or unenforceable, that part will be considered 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 website will govern the items to which they pertain.
Disputes
Any dispute related in any way to your visit to this website or to the products you purchase or receive through Aery Edibles must be submitted to confidential mediation in California, United States. However, if you have in any manner violated or threatened to violate Aery Edibles’ intellectual property rights, Aery Edibles may seek injunctive or other appropriate relief in any state or federal court in the state of California, United States. You consent to exclusive jurisdiction and venue in such courts.
In the event mediation is unsuccessful, within thirty (30) calendar days of mediation, the dispute shall be finally settled by binding arbitration administered pursuant to JAMS’ Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Any dispute submitted to final, binding arbitration will be heard in Santa Rosa, California, by a single arbitrator mutually chosen by the parties in writing, who will be a retired judge or litigator with five (5) years or more of experience with claims similar to the dispute.
Notwithstanding the above, for any actual, alleged, or threatened violation of confidentiality or violation of Aery Edibles’ intellectual property or other proprietary rights, Aery Edibles may immediately resort to court proceedings in a court of competent jurisdiction to seek immediate injunctive relief.
The parties agree that they must initiate arbitration within one (1) year after any dispute arose; otherwise, the dispute is permanently barred.
Termination
Aery Edibles reserves the right to modify or discontinue the website, or modify or terminate your account or your access to this website at its sole discretion, for any reason, with or without liability to you or any third party.
Electronic Communications
These Terms of Use and any other documentation, agreements, notices, or communications between you and Aery Edibles may be provided to you electronically to the extent permissible by law. Please keep a copy of all documentation, agreements, notices, and other communications for your reference.
Contact Us
Please direct any questions and concerns regarding these Terms of Use to us by email at info@aeryedibles.com
Copyright © 2023 by Aery Edibles, LLC. All rights reserved.