Last Updated: March 3, 2016
Welcome to the Euphoria Wellness, LLC (“Euphoria”) website (the “Site”). Euphoria Wellness provides access to the site and related services (such as online ordering via the to you subject to the notices, terms, and conditions set forth in this agreement (the “Agreement”). ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
USE OF SITE
Subject to the terms and conditions of this Agreement, Euphoria hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for items sold on the Site and not for any commercial use or use on behalf of any third party. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. Euphoria reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
Content provided on this site is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health related condition. Euphoria makes no representations about the suitability, reliability, availability, timeliness and accuracy of the information, products, services and related graphics obtained on the Site and Online Ordering Application for any purpose.
We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. YOU ARE PROHIBITED FROM SHARING YOUR PASSWORD AND/OR IDENTIFICATION ASSIGNED TO YOU. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
When you use the Site, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site or through our other services. You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirements that such communications be in writing.
ACKNOWLEDGMENT OF RESPONSIBILITY BY PATIENTS AND CAREGIVERS
If you are a medical marijuana patient or caregiver, and order or purchase medical marijuana from Euphoria, you acknowledge that marijuana, including medical marijuana, is federally illegal and that you are responsible for conferring with independent legal counsel regarding any associated risks. You also acknowledge that, as a medical marijuana establishment licensed in Clark County, Nevada, Euphoria requires strict compliance with all applicable Nevada and local applicable laws and regulations. Accordingly, you are responsible for compliance with all applicable Nevada and local laws regarding medical marijuana applicable to patients and caregivers, including but not limited to, the bar on redistributing medical marijuana and bars on public consumption.
NO UNLAWFUL USE
You represent and warrant that you are at least 18 years old and represent and warrant that any information you submit is true and correct. Further, if you use Online Ordering to purchase medical cannabis, you represent and warrant that you are authorized to do so and agree to comply with all applicable Nevada and local laws.
The Site may contain links to other Web Sites (“Linked Sites”). Any such Linked Sites are provided for informational purposes only, they are not under Euphoria’s control, and Euphoria is not responsible for the contents of any Linked Site.
The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in without prior explicit consent.
RISK OF LOSS; OTHER TERMS OF SALE
All medical cannabis sales are final. No returns, refunds or exchanges are allowed for medical cannabis purchases. However, if you have a complaint about product quality or other concerns please contact: Orders@EuphoriaWellnessNV.com
Euphoria Wellness will issue a refund in the form of in-store merchandise credit for all other items except medical cannabis when each of the following conditions have been met:
- The merchandise must be in its original unused condition unless there is manufacturer’s defect.
- The merchandise must be accompanied with original Euphoria Wellness receipt.
- The merchandise will be accepted for return for (30) calendar days for the date of purchase.
- Online orders will be canceled after 60 minutes of inactivity within the online shopping cart.
- Inventory and prices change frequently and without notice. Availability is not guaranteed.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
INTERNATIONAL ACCESS AND ACCESS FROM OUTSIDE THE STATE OF NEVADA
This Site may be accessed from countries other than the United States. This Site contains products or references to products that are only available in the State of Nevada. If you access and use this Site outside Nevada you are responsible for complying with your local laws and regulations.
DISCLAIMER, LIMITATION OF LIABILITY, AND TYPOGRAPHICAL ERRORS
The information, software, products and services included in or available through this Site and Online Ordering Application may include inaccuracies or typographical errors. Changes are periodically modified, added and maintained. Euphoria makes no representations or warranties of any kind, express or implied, as to the operation of this Site, the content of this Site, or products included on this site.
Information received should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
Further, In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed.
You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.
No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
We reserve the right to change this Site and these terms and conditions of its use at any time without notice.
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
Please send any questions or comments regarding this Site to: Euphoria Wellness | 3140 Polaris Ave. Ste. 7 | Las Vegas, NV 89102