Terms and Conditions

Terms and Conditions

Please read these terms carefully before using our services

Last Updated: February 2, 2023

Age 21+

Binding Contract

Delivery Only

Arbitration

Introduction

Thank you for visiting our site. By placing an order for goods or services from this website or otherwise using this website (the "services"), you are agreeing to be bound by these Terms and Conditions (the "terms"). By agreeing to the terms of service you are entering into a binding contract. This contract applies to the use of, purchase and sale of products and services through www.medleafdelivery.com (the "Site").

Important

These Terms are subject to change by Medleaf, LLC without prior written notice at any time. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.

1Duty to Review Before Using Our Site

This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that apply to you as a user of any portion of our site. Please read it carefully.

Arbitration Agreement

THE TERMS OF SERVICE REQUIRE THAT ANY DISPUTE OR CLAIM BETWEEN YOU AND US BE RESOLVED EXCLUSIVELY THROUGH BINDING INDIVIDUAL ARBITRATION. BY AGREEING TO THESE TERMS OF SERVICE YOU ARE EXPRESSLY WAIVING AND RELINQUISHING THE RIGHT TO INITIATE OR PARTICIPATE IN A LAWSUIT AGAINST US. YOU ARE ALSO WAIVING AND RELINQUISHING THE RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION LAWSUIT OR A CLASS-WIDE ARBITRATION.

YOU MAY NOT USE OUR SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE YOUNGER THAN 18 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

2Compliance With Applicable Law

Compliance with applicable law is important to us. We are strictly regulated by state laws, and recognize the legal disconnect between state cannabis laws and the federal designation of cannabis as a Schedule I controlled substance through the Controlled Substance Act (21 U.S.C. 802) ("CSA").

(a) You are hereby advised that the use and possession of cannabis may be enforced as a violation of the CSA. In connection with your use of our site, you, together with us, accept the risks of enforcement of the Controlled Substances Act.

(b) By and through the use of our Site, including placing an order for goods or services, you affirm and certify that you are of legal age to enter into this agreement, that your use of cannabis is permitted by state law, and that you accept and agree to be bound by these terms and conditions.

(c) You further agree that you will reasonably assist us in our continuing efforts to comply with Applicable Law. Your reasonable assistance may include, but is not limited to, providing valid identification when requested, providing a valid physician's recommendation when applicable, allowing us to record you while onsite in any of our stores, allowing us to record your personal information prior to admittance to any of our stores or prior to completing an online order.

3Age Verification

California Code of Regulations

You are hereby advised of Section 15404 OF TITLE 4 OF THE CALIFORNIA CODE OF REGULATIONS ("CCR") WHICH STATES, A LICENSED RETAILER SHALL ONLY SELL ADULT-USE CANNABIS GOODS TO INDIVIDUALS WHO ARE AT LEAST TWENTY-ONE (21) YEARS OF AGE AFTER CONFIRMING THE CUSTOMER'S AGE AND IDENTITY BY INSPECTING A VALID FORM OF IDENTIFICATION PROVIDED BY THE CUSTOMER.

Acceptable forms of identification include:

  • A document issued by a federal, state, county, or municipal government that contains the name, date of birth, height, gender, and photo of the person
  • A valid identification card issued to a member of the Armed Forces
  • A valid passport issued by the United States or by a foreign government

4Order Acceptance and Cancellation

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

5Prices and Payment Terms

(a) Prices posted on this Site may be different than prices offered by us at our physical store locations. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed. Posted prices do not include taxes or charges for delivery and handling.

(b) We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms.

(c) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, may require payment of cash for all purchases. You represent and warrant that the payment information you supply to us is true, correct and complete.

6Delivery and Related Authorizations

The following apply if you have elected to have goods delivered.

(a) Any delivery address you provide to us (i) will not be land owned or rented by the United States of America, (ii) will be land which you are authorized to use to receive cannabis goods, (iii) will appear as a physical address on standard GPS systems, and (iv) will be within the state of California.

(b) You will pay all delivery and handling charges specified during the ordering process.

(c) At the time of delivery, you will present valid photo identification and or valid physician's recommendation(s) as required by applicable law.

(d) Delivery times are estimates only and cannot be guaranteed. We are not liable for any delays in delivery.

(e) You represent and warrant that any cannabis goods which are purchased for delivery are for use by you and you alone, and you will not resell, share, or provide the cannabis goods to any other person.

Express Consent to Call or Text

By providing a telephone number in connection with any orders you place through our site, you expressly authorize us to deliver to you, or cause to be delivered to you, called advertisements or telemarketing messages using an automatic telephone dialing system or an artificial or prerecorded voice or text message ("Telemarketing"), to the phone numbers you provide.

7Limitation of Liability

Liability Limit

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE GOODS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

8Goods Not for Resale or Export

You represent and warrant that you are buying goods or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the State of California.

9Privacy

We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

10Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities, terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes.

11Governing Law and Jurisdiction

This Site is operated from the state of California, United States of America. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule.

12Dispute Resolution and Binding Arbitration

BY USING OUR SITE TO ORDER, YOU, ALONG WITH US, ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.

ANY CLAIM, DISPUTE OR CONTROVERSY BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF GOODS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING INDIVIDUAL ARBITRATION.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules. The Federal Arbitration Act will govern the interpretation and enforcement of this section.

13Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this is null and void.

14Notices

To You: We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide, (ii) sending a text message or phone call to the number you provide subject to these Terms, or (iii) by posting to the Site.

To Us: To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier, or certified mail to Medleaf, LLC.

15Accessibility

You acknowledge and agree that you are accessing our site for the primary purpose of obtaining state-legal cannabis goods which may be of a medical nature. If you have any difficulty accessing our Site you agree to reach us by phone or email in order to assist you remotely just as we would if you were a customer in our store prior to escalating any accessibility issue.

16Proposition 65 Warning

WARNING

Inhalation of cannabis flower and vapable cannabis oil can expose you to chemicals including cannabis (marijuana) smoke and Δ9-tetrahydrocannabinol, which are known to the State of California to cause cancer and birth defects or other reproductive harm.

Consuming edible cannabis products can expose you to chemicals including acrylamide, which are known to the State of California to cause cancer and birth defects or other reproductive harm as well as Δ9-tetrahydrocannabinol (Δ9-THC) which is known to the State of California to cause birth defects or other reproductive harm.

For more information go to www.P65Warnings.ca.gov.

17Contact Information

If you have questions about these Terms of Service, please contact us:

Customer Service

(1-833-366-7633)

Legal Department

San Diego, CA 92101

Questions About Our Terms?

We're here to help clarify any questions you may have about our Terms of Service.