STANDARD TERMS AND CONDITIONS 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.
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.
PURCHASES; TERMS AND CONDITIONS
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). In addition, any prices or quotes may be considered preliminary and subject to change until any final artwork, color files or targets are received by Kush and samples are made. 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
Shipping dates provided by Kush to the Customer are estimates only. Kush is not responsible for any delays, loss or damage that occurs during shipping. Kush is not liable for delays or product seizures by U.S. Customs and Border Protection or any related government entity. Kush may, in its sole discretion, without liability or penalty, make partial shipments of goods to Customer. The quantity of any installment of goods as recorded by Kush on dispatch from Kush’s place of business is conclusive evidence of the quantity received by the Customer on delivery unless the Customer can provide conclusive evidence proving the contrary. Kush shall not be liable for any non-delivery of any goods or services pursuant to an applicable sales order (even if caused by the Kush’ negligence) unless the Customer gives written notice Kush of the non-delivery within five (5) calendar days of the date when such goods or services (pursuant to the applicable sales order) would in the ordinary course of events have been received. Any liability of Kush, and the Customer’s sole remedy therefor, for non-delivery of the goods or services pursuant to the applicable sales order shall be limited to Kush delivering such goods and/or services within a reasonable time or adjusting the sales order respecting such goods or services to reflect the actual quantity delivered.
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. All shipments shall be inspected within ten (10) days of receipt. Any claims for defects, manufacturing errors or non-compliance with specifications must be submitted in writing to Kush within ten (10) days of receipt of the products or services.
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. Kush sells only product packaging and accessories and is not responsible for the ultimate product contents, including the legal compliance of such product contents, with which any customer chooses to fill its Kush packaging products.
Kush is not responsible for product compatibility with any products and/or services sold to you, including without limitation, product/package compatibility, stability, functionality, decoration adhesion, leakage testing, drop tests and ship tests. Kush strongly recommends the Customer perform compatibility testing and line trials on all components of goods or services purchased prior to commencing production or filling any products purchased through Kush. Upon written request, Kush may provide samples of products based on the item and quantity need (subject to sampling charges as determined by Kush from time to time).
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.
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.
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.
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:
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.
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.
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.
Phone: (888) 920-5874
6261 Katella Ave, Suite 250, Cypress CA 90630
Last Updated: November 16, 2020