STANDARD TERMS AND CONDITIONS OF USE
THIS AGREEMENT 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 IN CLASS ACTIONS OF ANY KIND.
USER ACCOUNT AND SECURITY
You may be required to open an account to use certain features and services offered through the Site. It is your sole responsibility to maintain the confidentiality of the information you hold for your account, including 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.
PURCHASES; TERMS AND CONDITIONS
Kush may modify its product or services and prices offered on the Site or by a Kush representative at any time without notice. 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materials on the Site or presented by a Kush representative with respect to products and services may potentially be outdated and Kush makes no representation or warranty to update the materials on the Site or materials shared with a customer with respect to such products and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. 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. Pricing for products may be different on the Site or from prices available by Kush representatives.
LIMITED WARRANTIES AND LIABILITY
KUSH MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED WITH RESPECT TO THE SITE, GOODS 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, GOODS 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 GOODS OR SERVICES OFFERED OR SOLD. THE CUSTOMER ASSUMES 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 GOODS 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 GOODS 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, goods or services offered on the Site by a Kush representative or otherwise are compliant with applicable law, including without limitation, heavy metal rules, requirements and regulations such goods or services. Any customer of Kush goods or services or user of the Site should contact their attorney 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.
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 goods and services from Kush.
COMPLIANCE WITH LAW
Any user or customer of Kush goods and/or services affirms that it is acting in compliance with and shall comply with all applicable laws, regulations and ordinances. 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 goods 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
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.
You acknowledge that any and all goods 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 goods, 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 goods, 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.
When you access a non-Kush website including through this Site, please understand that these sites are independent from Kush, and that Kush has no control over the content of such websites and does not give any warranty with respect to such websites.
Phone: (888) 920-5874
11958 Monarch Street, Garden Grove, CA 92841