Please read these Terms and Conditions (these “Terms”) carefully. All Services provided by Mercy Wellness of Cotati (Mercy) to Customer shall be governed by these Terms and Conditions. By using this website, you agree to be bound by these Terms and Conditions, regardless of any purchase. These Terms and Conditions may be amended or changed by Mercy without notice.
1. Definitions.
The following terms shall have the meanings given to them below. Other terms are defined in other sections of these Terms. Such other defined terms are identified by being in bold text and flanked by quotation marks. Such other terms shall have the meanings so assigned to them whenever used in these Terms.
“Account(s)” means the Customer account(s) enabling a person to access and use the Store Website, including both administrator accounts and user accounts.
“Agreement” means these Terms together with all Service Orders and Supplemental Terms for Services governed by these Terms or that otherwise reference these Terms and that are entered into between Mercy and the Customer.
“Charges” means amounts charged by Mercy to Customer for the Services in accordance with the Agreement.
“Customer” means the any person using this Store Website regardless of whether a purchase is made.
“Customer Data” means all data, works and materials, including Customer Personal Information: uploaded to or stored on the Store Website by the Customer; transmitted by the Store Website at the instigation of the Customer; supplied by the Customer to Mercy for uploading to, transmission by, or storage on the Store Website; or generated by the Store Website as a result of the use of the Services by the Customer (but excluding anonymized customer data where no personal identifiable information is available to the viewer, analytics data and anything relating to the use of the Store Website and server log files).
“Customer Personal Information” means any Personal Information that is processed by Mercy on behalf of the Customer pursuant to these Terms.
“Data Protection Laws” means all applicable laws relating to the processing and/or protection of Personal Information.
“Documentation” means the documentation for the Services produced by Mercy and delivered or made available by Mercy to Customer.
“Federal Cannabis Law” means federal laws of the United States regulating marijuana or cannabis as included on Schedule 1 under the United States Controlled Substances Act, including any such federal laws of the United States pertaining to manufacturing, distributing, dispensing or possession of marijuana or cannabis.
“Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, or otherwise under or related to any patent, copyright, trademark, business names, trade names, know-how, trade secret, database protection, or other intellectual property laws, and all similar or equivalent rights or forms of protection, including but not limited to any application or right of application for such rights.
“Mobile App” means the mobile application known as the Alpine IQ Native App Extension
“Personal Information” means any information relating to, capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular natural person or household, including, without limitation, any inferences drawn therefrom or derivatives thereof, or any other information that is regulated as “personal data” or “personal information” under applicable law.
“Sensitive Personal Information” means any of the following: (i) credit, debit or other payment card data subject to the Payment Card Industry Data Security Standards (“PCI DSS”), or other financial account numbers or credentials; (ii) patient, medical or other protected health information regulated by the Health Insurance Portability and Accountability Act (“HIPAA”); (iii) social security numbers, driver’s license numbers or other government ID numbers; (iv) any information deemed to be “special categories of data” of an EU resident (as defined in European Union Regulation 2016/679); or (v) other personal or sensitive information subject to regulation or protection under the Gramm-Leach-Bliley Act, Children’s Online Privacy Protection Act or similar foreign or domestic Laws.
“Service Order” means any order for Services placed by Customer via the self-service signup form located at https://lab.alpineiq.com/joinMembers/1241 (is this correct?) and accepted by Mercy as evidenced by the order confirmation sent by Mercy to Customer and any other written order for Services placed by Customer and accepted in writing by Mercy.
“Services” means any services that the Mercy provides to Customer, or has an obligation to provide to the Customer, under the Agreement, which may include Store Website, Supplemental Services, and Support Services.
“Term” means the period commencing on the Effective Date and continuing until termination of the Agreement.
2. Mercy Wellness Store Website Usage.
2.1. Subject to the Customer’s compliance with the Terms and Conditions, Mercy hereby grants to the Customer permission to use the Store Website by means of a Supported Web Browser during the Term. Mercy shall use commercially reasonable efforts to maintain the availability of the Store Website to the Customer but does not guarantee 100% availability.
2.2. Except to the extent expressly permitted by the Agreement or as otherwise required by law, the permission granted by Mercy to Customer under Section 2.1 is subject to the following additional prohibitions and limitations:
(a) Customer must not permit any unauthorized person to access or use the Store Website;
(b) Customer must not use the Store Website to provide services to third parties;
(c) Customer must not republish or redistribute any content or material from the Store Website;
(d) Customer must not make any alteration to the Store Website;
(e) Customer must not use the Store Website in any way that causes, or may cause, damage to the Store Website or impairs the availability or accessibility of the Store Website;
(f) Customer must not use the Store Website in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity; and
(g) Customer acknowledges that prices may change without notice and that Mercy reserves the right to modify prices or discontinue a product at any time without notice and Mercy shall not be responsible or liable to Customer for any modification, price change, suspension or discontinuance of a product.
2.4. Customer must comply with Terms and Conditions and must ensure that all persons using the Store Website for or on behalf of the Customer or by means of an Account comply with the Terms and Conditions.
3. Customer Comments.
3.1. Customer may submit comments, reviews or suggestions (“Comment”) to Mercy, solicited or unsolicited. Mercy is under no obligation to publish or respond to any Comments. Mercy has the unrestricted right to publish, edit, or otherwise use any Customer comments.
3.2. Customer agrees not to submit and Comments that are obscene, defamatory, objectionable, or that violate another person’s intellectual property.
3.3. Customer agrees not to use an assumed identity or the identity of another person for the purpose of submitting Comments.
4. Supplemental Services.
The parties may mutually agree that Mercy may provide for access to the Store Website through a mobile app (“Supplemental Services”). Any such Supplemental Services shall be subject to and governed by these Terms.
5. Support Services.
5.1. Subject to Mercy’s right to suspend or terminate Services for non-payment of Charges owed by Customer, Mercy shall provide Support Services to the Customer during Business Hours. The Support Services shall be provided by Mercy with reasonable skill and care.
5.2. Mercy may make available to Customer an email-based help desk, and Customer may use the help desk for the purposes of requesting and, where applicable, receiving Support Services.
5.3. Mercy shall respond promptly to all requests for Support Services made by the Customer through the help desk and work diligently to resolve any repeatable error or malfunction so submitted, but Mercy does not guarantee resolution by any particular time of any matter so submitted.
6. Privacy and Data Protection.
Customer’s personal information and data protection are governed by our Privacy Policy.
7. Warranty
THE PARTIES HEREBY DISCLAIM, ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, DATA ACCURACY, SYSTEMS INTEGRATION, PERFORMANCE, OPERATION, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
7.1. Customer acknowledges that complex software is never wholly free from defects, errors, and bugs; and subject to the other provisions of these Terms, Mercy gives no warranty or representation that the Services will be wholly free from defects, errors, and bugs.
7.2. Customer acknowledges that complex software is never entirely free from security vulnerabilities; and subject to the other provisions of these Terms, Mercy gives no warranty or representation that the Services will be entirely secure.
7.3. Customer acknowledges that the Services are designed to be compatible only with that software and those systems specified as compatible; and Mercy does not warrant or represent that the Services will be compatible with any other software or systems.
7.4. Violation of Federal Cannabis Laws shall not be, on its own and without connection to a violation of any other applicable law or term of the Agreement, considered a breach of these Terms, or any party’s obligations hereunder, including references to applicable law and/or illegal conduct, where such party is otherwise in material compliance with all state, local, and/or California laws pertaining to the sale, manufacture, licensing, production, and possession of cannabis and marijuana.
7.5. Neither party will be liable to the other in respect of any loss of revenue or income, loss of profits, anticipated savings, loss of use or production, loss of business, contracts, or opportunities, or any special, indirect, or consequential damages.
7.6. Mercy will not be liable for the monetary value or regulations related to loyalty points systems and or bookkeeping of such systems via ledgers. Any such loyalty points systems, ledgers, or rewards points recorded or offered by the Services are for purely informational purposes, and do not represent any actual value owed, held, or maintained by Mercy. Mercy does not guarantee the accuracy of any such ledgers or loyalty or rewards points systems.
7.7. The limitations in this Section shall not apply to the parties’ respective indemnification obligations under the Agreement.
8. Indemnification. You agree to indemnify, defend and hold harmless Mercy, any subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
9. No Waiver. No breach of any provision of the Agreement shall be waived except with the express written consent of the non-breaching party. The failure of a party to insist upon strict adherence to any term of the Agreement shall not be considered waiver of such party’s rights or deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of the Agreement.
10. Severability. If any provision of the Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of the Agreement will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
11. Applicable Law. The laws of the State of California, without giving effect to its conflict or choice of law rules, govern all matters arising under or related to this Agreement.
12. Dispute Resolution
12.1. If any dispute arises under or with respect to the Agreement, Mercy and Customer shall first attempt to resolve the dispute through negotiation. If the parties cannot resolve the dispute after 30 days of negotiation, then the parties shall submit the dispute to binding arbitration before a single arbitrator in accordance with the American Arbitration Association’s Commercial Arbitration Rules. The arbitration shall be conducted in Cotati, California, and judgment on the award may be entered in any court having jurisdiction. Notwithstanding the foregoing or anything in the Agreement to the contrary, Mercy may pursue a claim for non-payment of Charges in any jurisdiction or venue without condition or delay.
12.2. TO THE EXTENT ALLOWED BY LAW, (A) EACH PARTY WAIVES ANY RIGHT TO PURSUE DISPUTES ON A CLASS-WIDE BASIS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR TO ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING, AND (B) WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
13. Amendments
Mercy reserves the right to make changes to these Terms and Conditions from time to time by updating the Website. No other notice will be provided to the Customer. It is the customer’s obligation to review the Terms and Conditions prior to each use.