Kush Standard Terms of Use


STANDARD TERMS AND CONDITIONS OF USE


These standard terms and conditions of use (the “Terms of Use”) govern your purchase of all products and services offered by Kush, whether through the Site, a Kush representative or in person, including your use and access to and use of all Kush Sites. By using the Kush Site(s), you affirm that you are of legal age to enter into these Terms of Use. If you violate or do not agree to these Terms of Use, then your access to and use of the Kush Sites is unauthorized.


For purposes of these Terms of Use:


The term “Kush” shall mean Kush Supply Co. LLC, Kush Energy, LLC, KushCo Holdings, Inc., and their parent(s), subsidiaries and affiliates, including without limitation, their directors, officers, employees, agents, suppliers, vendors, contractors, and licensors.


The term “Site(s)” shall mean the website located at www.kushsupplyco.com and all associated sites linked to www.kushsupplyco.com by Kush around the world, including without limitation www.kushbottles.com, www.kushco.com.


The term “customer”, “user”, “you” or ““your” shall mean any user or purchaser (including without limitation their agents, affiliates, successors and permitted assigns) of products and services offered by Kush.


The term “sales order” shall mean any purchase order, sales order or sales receipt produced for the purchase of products and services through Kush.


The Site is the sole and exclusive property of Kush.


BY USING THIS SITE AND/OR PLACING A SALES ORDER YOU EXPRESSLY AGREE TO EACH AND ALL THE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE DO NOT USE THE SITE AND/OR PLACE A SALES ORDER.


IMPORTANT: THESE TERMS OF USE CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND KUSH ARE EACH GIVING UP RIGHTS TO SUE EACH OTHER IN COURT, INCLUDING WITHOUT LIMITATION, CLASS ACTIONS OF ANY KIND.


UPDATES: Kush reserves the right to modify, add or remove sections, portions or provisions of these Terms of Use at any time in its sole discretion. It is the sole responsibility of any user to check our Terms of Use for any changes. Use of the Site and/or placing a sales order following any changes will mean that you accept and agree to such changes.


USER ACCOUNT AND SECURITY


You may be required to open an account to use certain features and services offered through the Site. You certify that the any information (including product descriptions, reviews, comments, messages, communications, feedback, submissions, suggestions, questions, data, content, materials and other information) you provide on or through the Sites is accurate and that the information you provide on or through the Sites is complete. It is your sole responsibility to maintain the confidentiality of the information you hold for your account, including without limitation, your password and for any and all activity that occurs using your account. Please notify Kush immediately of any unauthorized use of your account or password, or any other breach of security. You will be held liable for losses incurred by Kush or any other user of or visitor to the Site due to unauthorized use of your account. Kush cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. Your account may be restricted or terminated for any reason, at Kush’s sole discretion.


PRIVACY


To view Kush’s Privacy Policy, click here.


PURCHASES; TERMS AND CONDITIONS


Please note, if provided in writing by Kush, additional terms and conditions may apply to purchases of products or services and/or features of the Site, all of which terms are made a part of these Terms of Use by this reference. In the event of a conflict between these Terms of Use and the terms posted to a specific portion of the Site or for any products or services offered by Kush, the Terms of Use shall control with respect to your use of that portion of the Site or the specific service and/or sales order. Kush may modify its product or services and prices offered on the Site or by a Kush representative at any time. The materials on the Site or presented by a Kush representative with respect to products and services may potentially be outdated and Kush makes no representation or warranty to update the materials on the Site or materials shared with a customer with respect to such products and services.


Pricing or availability errors may occur on the Site or sales materials presented by a Kush representative. Online pricing (if applicable) may not be valid for purchases and shipments located outside of the contiguous 48 United States, including for buyers located in Alaska, Hawaii, Guam, American Samoa, Puerto Rico or the U.S. Virgin Islands (in the event Kush elects, in its sole and absolute discretion, to sell any products or services in or to these regions). The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell our products or services. Kush reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Kush. Kush may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.


Kush reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied. Kush also reserves the right, at our sole discretion, to prohibit sales to certain dealers or resellers.


Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the Site(s). You agree that Kush is not a party to any such agreement, nor is Kush responsible for the content, accuracy, or unavailability of any method used for payment.


PAYMENT TERMS & NO SETOFF


Unless agreed upon in writing by Kush, you shall make payment in full in United States Dollars to Kush prior to shipment of such products in accordance with terms of each sales order. Unless agreed upon in writing, you shall make all payments for any products and services by wire transfer, personal check, cashier’s check or as otherwise agreed to by Kush. You shall pay interest on all late payments at the lesser of the rate of 3% per month or the highest rate permissible under applicable law, calculated daily and compounded monthly. You shall reimburse Kush for all costs incurred in collecting any late payments, including, without limitation, reasonable attorneys' fees and court costs. In addition to all other remedies available under these Terms of Use or at law (which Kush does not waive by the exercise of any rights), if you fail to pay any amounts when due, Kush may (a) suspend the delivery of any products or services, (b) reject your sales order or cancel accepted sales order. You shall not, and acknowledge that you will have no right, under these Terms of Use, any applicable sales order, any other agreement, document or law, to withhold, offset, recoup or debit any amounts owed (or to become due and owing) to Kush, whether pursuant to these Terms of Use or otherwise, against any other amount owed (or to become due and owing) to it by Kush, whether relating to Kush's breach or non-performance of these Terms of Use or any other agreement between you or any of your affiliates.


TITLE TO PRODUCTS


Until you pay Kush in full, title to the products shall remain in Kush’s name and Kush shall have a purchase money security interest in the products. If you shall default in any payments, Kush shall have all the rights as holder of such title or as such secured party under the Uniform Commercial Code and/or any other law then in force. If Kush repossesses the products, Kush may resell the products after ten (10) days' prior written notice to you. Kush may file one or more financing statements to perfect its security interests. If necessary, you shall execute such financing statements upon request.


RETURN OF THE PRODUCTS


No products shall be returned to Kush without Kush’s written authorization. You may be subject to our standard restocking charge on all products returned to Kush without cause.


LIMITED WARRANTIES AND LIABILITY


KUSH MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED WITH RESPECT TO THE SITE, PRODUCTS AND/OR ANY SERVICES PROVIDED BY KUSH, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE; OR (D) ANY CHANGES IN APPLICABLE LAW.


ALL CONTENT, PRODUCTS AND SERVICES PROVIDED ON THE SITE OR THROUGH A KUSH REPRESENTATIVE ARE DELIVERED “AS-IS” AND MAY BE SUBJECT TO CHANGE WITHOUT NOTICE. KUSH DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY KUSH PRODUCTS OR SERVICES OFFERED OR SOLD. YOU ASSUME ALL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES CONTAINED THEREIN. YOUR SOLE REMEDY AGAINST KUSH FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.


IN NO EVENT SHALL KUSH BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, OR IN CONNECTION WITH USE OF THE SITE AND/OR THE SALE OR PURCHASE OF PRODUCTS OR SERVICES, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT KUSH WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (D) THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.


IN NO EVENT SHALL KUSH’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS SITE AND/OR PURCHASE OF PRODUCTS OR SERVICES, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO KUSH BY SUCH CUSTOMER FOR THE PRODUCTS AND SERVICES SOLD.


COMPLIANCE OF PRODUCTS OR SERVICES


Kush does not represent or warrant that any Content, products or services offered on the Site or by a Kush representative or otherwise are compliant with applicable law, including without limitation, heavy metal rules and regulations (as applicable), specific compliance language, words, phrases, disclaimers or symbols or other requirements and regulations for such products or services. It is recommended that you contact separate and independent counsel to obtain advice with respect to any question, issue or problem, including without limitation, any compliance inquiry. Kush cannot guaranty the current status, accuracy, completeness of any Content, product or service or any compliance thereof.


INDEMNIFICATION


The customer shall indemnify, defend and hold harmless Kush and its officers, directors, employees, agents, affiliates, successors and permitted assigns (collectively, "Indemnified Party") against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, fees and the costs of enforcing any right to indemnification and the cost of pursuing any insurance providers, incurred by Indemnified Party, relating to or resulting from any claim of a third party or arising out of or occurring in connection with use of this Site and/or any purchase of the products and services from Kush.


COMPLIANCE WITH LAW


You hereby represent and warrant the following (i) that you are acting in compliance with and shall comply with all applicable laws, regulations and ordinances; (ii) you shall use the products provided by Kush or its authorized agent(s) in conformance with recognized industry and professional standards (iii) you have used your own independent skill and expertise in connection with the selection and use of the products or services purchased through Kush; (iv) you possess the skill and expertise in the handling, storage, transportation, treatment, use and disposal of the products purchased through Kush; (v) you will ensure that the products you purchase from or through Kush are safe for your intended use and that the products are handled in a safe and professional manner; and (iv) you are an authorized purchaser of the products and/or services sold by Kush. Any customer or user shall have and maintain in effect all the licenses, permissions, authorizations, consents and permits (the “Requisite Licenses”) that it needs to carry out its obligations to purchase any products or services through the Site, a Kush representative or in person. In the event Kush requests any customer or user to provide the Requisite Licenses, said customer or user shall promptly comply with such request.


CHOICE OF LAW, FORM, AND DISPUTE RESOLUTION


PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing the Sites constitutes your acceptance of this arbitration provision. Please read it carefully as it provides that you and Kush will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the arbitration provision.


You agree that all matters arising out of or relating to access to or use of the Site and/or the purchase of any good or services through the Site, a Kush representative or in person are governed by, and construed in accordance with, the laws of the State of California, without regard to the conflict of law provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of California. Any customer of Kush and/or user of the Site irrevocably and unconditionally agrees that it will not commence any action, litigation or proceeding of any kind whatsoever against Kush in any way arising out of or relating to access to or use of the Site and/or the purchase of any good or services through the Site, a Kush representative or in person, and any dispute, claim or controversy arising out of or relating to such or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by final, binding arbitration in Orange County, California before three (3) arbitrators; provided, however, that each party retains its right to seek injunctive relief under applicable law in a state court located in Orange County, California. The arbitration shall be administered by JAMS pursuant to JAMS' Streamlined Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.


VIOLATION OF TERMS OF USE


Kush reserves the right to and may disclose any information we have about you, if Kush, in its sole and absolute discretion, determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site or any purchase of products or services through the Site, a Kush representative or in person, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Kush’s rights or property, or the rights or property of Kush’s customers and/or visitors and users of the Site. Kush reserves the right at all times to disclose any information that Kush, in its sole and absolute discretion, deems necessary to comply with any applicable law, regulation, legal process or governmental or quasi-governmental request.


Kush shall have the right to preserve any communication by you with Kush through the Site or otherwise or any service offered on or through the Site, a Kush representative or in person, and may also disclose such data if required to do so by law or Kush, in its sole and absolute discretion, determines that such preservation or disclosure is reasonably necessary to (1) enforce these Terms of Use, (2) comply with any form of legal process, (3) respond to claims that any such data violates the rights of any third-party, or (4) protect the rights, property or personal safety of Kush, its employees, users of or visitors to the Site, and the public.


Kush may in its sole and absolute discretion, without prior notice, terminate any user or customer’s access to the Site or the sale of any Kush products or services. The customer or user also hereby agrees that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause Kush irreparable harm, for which monetary damages would be inadequate, and you consent to Kush obtaining any injunctive or equitable relief that Kush deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that Kush may have at law or in equity.


EXPORT POLICY


You acknowledge that any and all products or services licensed or sold through the Site, a Kush representative or in person are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received, and you agree to comply with all applicable laws. You agree, represent, and warrant that no products, services or Content will be accessed from, downloaded in, released in, carried to, transferred to, transshipped through, exported to, or re-exported (collectively “Transferred”) to any territory (or national resident thereof), person, entity, or organization to which such products, services or Content could not be Transferred directly from the United States or by a U.S. person without a license, including without limitation to any person on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List.


CONTENT


All content, including but not limited to, text, graphics, interfaces, digital media, photographs, trademarks, logos (collectively, “Content”), including the design and expression, and arrangement of such Content is owned, controlled or licensed by or to Kush and is protected by various intellectual property rights and laws, including trade dress, copyright, patent and trademark laws. Except as expressly provided in these Terms of Use, no part of the Site or Content may be copied, replicated, republished, publicly displayed, encoded, transferred or distributed to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Kush’s express prior written consent.


THIRD-PARTY SITES


References on the Sites to any names, marks, products, or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services. Kush is not responsible for the content of any third-party linked site or any link contained in a linked site, including any third-party social media or mobile app platform with which the Sites operate or otherwise interact, nor is Kush responsible for the acts or omissions of any operator of any such site or platform. Your use of any such third-party site or platform is at your own risk and will be governed by such third party's terms and policies (including its privacy policy).


PROMOTIONS


Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Sites may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will govern.


KUSH ENERGY


Any purchase of Kush Energy products, including without limitation, isobutane, n-butane, propane, ethanol, premixes, custom blends, dry ice, and other solvents is subject to the following additional terms and conditions:


Unless otherwise specified, cylinders, fittings, caps, and totes covered by these Terms of Use are rented by Kush to you at Kush’s current daily rates, beginning with the date of delivery. Rental charges are assessed as of the last day of each month or at the start of each annual lease period, as applicable. Each refillable cylinder may be subject to a cylinder deposit fee, as established by Kush from time to time. Kush will refund the deposit fee when you return the applicable product to Kush, unless the product’s condition is deemed to be unfit for reuse, as determined by Kush, which determination shall be irrefutable sixty (60) days after the product was returned to Kush. You shall not permit cylinders or other storage containers furnished hereunder to be filled with any product not furnished by Kush or its authorized agent. You shall return, in a good and non-contaminated condition: (a) all cylinders, with valves closed, complete with caps and fittings; (b) totes; and shall pay Kush the replacement value of: (1) any lost or damaged cylinders, caps, fittings or totes and for any loss or damage caused by you (or your agents) contamination; or (2) those cylinders, fittings, caps, or totes not returned to Kush within sixty (60) days from date of shipment to the you (other than those subject to an annual lease) or, if damaged and the damage can be repaired, the cost of making such repair. Your payment for such charges for damaged, lost or destroyed cylinders, caps, fittings, or totes shall not give you any ownership interest in the storage containers.


YOU ACKNOWLEDGE THAT THERE MAY BE HAZARDS ASSOCIATED WITH THE USE OF KUSH ENERGY PRODUCTS, THAT YOU UNDERSTAND SUCH HAZARDS, AND THAT IT IS THE RESPONSIBILITY OF YOU TO WARN AND PROTECT ALL THOSE EXPOSED TO SUCH HAZARDS. YOU SHALL HAVE THE SOLE RESPONSIBILITY FOR DETERMINING THE SUITABILITY OF ANY OF KUSH’S PRODUCTS FOR YOUR CONTEMPLATED USE.


Kush may, in addition, to the title and risk provision above, retain as rental any payments received by Kush on account of the purchase price of the products, whether your default shall have occurred before or after delivery. You shall not cover, modify or remove any identification or other indicia of Kush’s ownership on any rental equipment. Title to all rental equipment shall remain in Kush’s name.


CUSTOMER INSURANCE


You hereby agree to maintain appropriate insurance to adequately cover their respective risks for purchase of products from Kush, with coverage amounts commensurate with levels in their respective markets.


MISCELLANEOUS


In connection with the Site, you will not: make available through or in connection with the Site any virus, worm, “Trojan horse”, “Easter egg”, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment; harvest or collect information about users of the Site; interfere with or disrupt the operation of the Site or the systems, servers, or networks used to make the Site available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure or policy of such servers or networks; restrict or inhibit any other person from using the Site; reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Site except as expressly authorized in these Terms of Use, without Kush’s express prior written consent; reverse engineer, decompile, or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law; remove any copyright, trademark, or other proprietary rights notice from the Site; frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, unless you obtain Kush’s express prior written consent to do so; systematically download and store any Content; use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Content, or reproduce or circumvent the navigational structure or presentation of the Site, without Kush’s express prior written consent; you will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited or cause to be a violation of these Terms of Use.


If any term or provision of these Terms of Use are held invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms of Use or invalidate or render unenforceable such term or provision in any other jurisdiction. Such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use to effect the original intent of Kush as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.


Any failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Kush of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Kush and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.


If you find an error or notice something that does not look quite right on the Sites, we would appreciate it if you let us know by contacting us.


CONTACT INFORMATION:


Phone: (888) 920-5874


11958 Monarch Street,


Garden Grove, CA 92841