Website and Loyalty Program Terms

Effective Date: May 4, 2023
Last Updated: May 4, 2023

THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH IN SECTION 18 ENTITLED “GOVERNING LAW AND DISPUTE RESOLUTION” BELOW, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST DELTA 88 ON AN INDIVIDUAL BASIS, MEANING YOU CANNOT BRING CLAIMS AGAINST DELTA 88 IN COURT, AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION WAIVER IN ARBITRATION. PLEASE READ IT CAREFULLY AS IT IMPACTS YOUR LEGAL RIGHTS.

Please read these Terms and Conditions (“Terms”) carefully prior to using the websites, mobile sites, applications, or associated products, software, or any loyalty program (“Program”) and/or other services, events, or programs (collectively, the “Services”) owned and operated by DELTA 88 LLC(“DELTA 88”, “DELTA 88,” “us”, “our”, or “we”) and its affiliates (“Affiliates”) (collectively, the “Sites”). References to “You” and “Your” refer to You, a user of the Sites. To view the portion of these Terms containing terms and conditions specific to the DELTA 88 Loyalty Program.

The Sites and Services provide products, software, and other resources related to products and Services available at DELTA 88 retail locations or via e-commerce and other general information regarding the cannabis industry. Your use of the Sites and any features on the Sites, or participating in any Services, are subject to these Terms, which we may update from time to time. By accessing the Sites in any way, including, without limitation, browsing the Sites, using any information on the Sites, submitting information to DELTA 88 via the Sites, and/or participating in any Services, You agree to and are bound by these Terms, and You acknowledge that information You provide or that we collect about You will be processed as described in our Privacy Policy. Certain features of the Sites may be subject to additional guidelines, terms, or rules, which will be posted on the Sites in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms. If You do not agree to these Terms, do not use the Sites or participate in any Services. DELTA 88 provides the Sites and Services for use only by persons located within the United States. DELTA 88 makes no representation that the Sites or their content is appropriate or available for use in locations outside the United States.

1. REGULATIONS IN THE CANNABIS INDUSTRY

Marihuana (sometimes also referred to as “marijuana”) remains a Schedule I drug. The cultivation, processing, sale, and possession of marihuana and products containing marihuana, the manufacture, sale, and possession of marihuana paraphernalia, and advertising the sale of marihuana, marihuana products and cannabis paraphernalia are illegal under the federal laws of the United States and certain state laws. You are responsible for complying with the applicable laws regarding marihuana in Your jurisdiction. See Section 20 for additional information. All DELTA 88 marijuana products are intended for personal use only in the jurisdiction in which they are sold. Products sold by DELTA 88 are not intended for resale or interstate transport.

2. YOU SHOULD SEEK ADVICE FROM YOUR OWN PROFESSIONAL ADVISERS

The Sites and the materials on the Sites, including DELTA 88 Content (defined below) have been prepared by DELTA 88 for informational purposes only and DELTA 88 makes no claims with respect to the use or consumption of any DELTA 88 products. Do not act upon this information without seeking guidance from an attorney, medical professional, or other applicable, qualified professional. The information on the Sites is not intended to provide medical nor legal advice. Information on the Sites is not intended to assess, diagnose, nor specifically treat any individual’s medical problem(s) or concerns. Information on the Sites is also not intended to provide legal advice in relation to the cannabis industry nor any other industry.

Do not operate vehicles or dangerous equipment while under the influence of cannabis. If You are pregnant or may be pregnant, breastfeeding, suffering from a known health condition, or taking any prescription medications, You should consult Your physician or other health care professional prior to using cannabis. These statements have not been evaluated by the Food and Drug Administration. None of the products made available by DELTA 88 are intended to diagnose, treat, cure, or prevent any disease. You acknowledge and agree that no partnership is formed through these Terms or Your use of the Sites or participation in any Services and that neither You nor DELTA 88 has the power or the authority to obligate or bind the other.

3. DELTA 88 CONTENT

Content on the Sites that is provided by DELTA 88 and its licensors, including, but not limited to, certain graphics, photographs, images, screen shots, text, digitally downloadable files, audio, videos, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“DELTA 88 Content”) is the property of DELTA 88 and its licensors, and is protected in the U.S. and internationally under state and federal trademark, copyright, and other intellectual property laws.

You agree not to download, display, or use any DELTA 88 Content located on the Sites for any publications, in public performances, on websites other than the Sites for any other commercial purpose, in connection with products or services that are not those of DELTA 88, in any other manner that is likely to cause confusion among consumers, that disparages or discredits DELTA 88 and/or its licensors, that dilutes the strength of DELTA 88’s or its licensor’s property, or that otherwise infringes DELTA 88’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any DELTA 88 Content.

By entering and/or using the Sites You acknowledge and agree that any name, logo, trademark, or service mark contained on the Sites and all DELTA 88 Content is owned or licensed by DELTA 88 and may not be used by You without prior written approval. Nothing contained in the Sites shall be construed as granting a license or other rights under any patent, trademark, copyright, or other intellectual property of DELTA 88.

4. ACCURACY OF INFORMATION, PRODUCTS, AND PRICING

We attempt to ensure that information provided through the Sites, including DELTA 88 Content, is complete, accurate, and current. Except as prohibited by applicable law, we make no representation as to the completeness, accuracy, or currency of any information provided through the Sites. DELTA 88 shall not be responsible for any errors or omissions on the Sites; however, when we discover an error we will endeavor to correct it as soon as possible and may notify any customers who we are aware are materially impacted. We reserve the right to amend errors or to update product information at any time without prior notice.

Not all products that appear on the Sites are offered for sale in all states. Certain products may not be available in Your jurisdiction. Products shown on the Sites may appear differently in the dispensary or retail establishment.

The Sites may provide You with pricing for products that are carried by us both in the dispensary or retail establishment and/or online. The prices displayed (in U.S. dollars) for products available for purchase via the Sites may only represent the applicable retail prices, and may not consist of taxes, delivery fees, or other applicable charges. Before You complete an order, all such applicable charges will be provided to You. The pricing shown to You through use of the Sites may only be good for purchases made through the Sites and may differ from dispensary or retail pricing.

Please note that the current price for and availability of a product may differ from the price displayed when the product was first placed in Your shopping cart. Price and availability information is subject to change without notice.

5. DISCOUNTS AND SPECIAL OFFERS

The Sites may display, include, or make available coupons, special offers, promotional codes, giveaways, samples, and other offers from DELTA 88 (“Deals”). DELTA 88 displays these Deals on the Sites as a form of advertisement. All Deals are subject to these Terms and conditions and may be subject to additional terms, conditions, or restrictions under applicable law, regardless of whether such additional terms, conditions, or restrictions are expressly included on the Sites.

6. ORDERS AND DELIVERIES

The Sites may consist of features or links to third-party sites permitting you to place an order with us for either pick-up at one of our dispensaries/retail establishments or for delivery. When an order for delivery is placed, it will be delivered to an address designated by You so long as that delivery address is compliant with any applicable delivery restrictions set forth by us through the Sites or otherwise. You are responsible for all shipping costs specified on the order page. All orders are subject to acceptance by us, and we will confirm such acceptance in communication with you. We are not responsible for deliveries that are delayed due to events that are beyond our control, but we will strive to provide You with a seamless delivery process. Shipping and delivery dates are only estimations and are not guaranteed. Not all products shown on the Sites are available in our dispensaries/retail establishments, as some products can only be found online.

Prior to pick-up or delivery, we reserve the right, without prior notice, to cancel or limit the order quantity on any product or service and/or to refuse service to any user. For example, we may limit or prohibit orders that, in our sole judgment, appear to be placed in violation of these Terms or applicable law, are processed as a result of any fraudulent or misleading activity, or are placed by dealers, resellers, or distributors. In the event we make a change to or cancel an order, we will attempt to notify You by contacting the contact information provided at the time the order was made. We also may require verification of information prior to the acceptance and/or delivery of any order.

With the exception of those products marked as final sale or non-returnable, DELTA 88 will accept the return of a product within 30 days of a purchase, less the cost of shipping, handling, and repackaging. Products will only be accepted if You provide proof of purchase and the items are returned in the same condition in which they were shipped. You are responsible for the cost of returns. To submit a return [describe process] to obtain a merchandise return number and return address. No returns will be honored without a valid merchandise return number.

7. ACCOUNT(S) CREATION AND MAINTENANCE

In order to use certain features of the Sites (e.g., to use any e-commerce related services) or participate in the Services, You may be required to create one or more Account(s) with DELTA 88 (“Account(s)”) and provide certain information about Yourself. You represent and warrant that all registration information You submit is truthful and accurate and that You will maintain the accuracy of such information at all times. You may not create more than one Account(s) per Account(s) type.

You agree that You are solely responsible for maintaining the confidentiality of Your Account(s) login information and are fully responsible for all activities that occur under Your Account(s). You agree to immediately notify DELTA 88 of any unauthorized use, or suspected unauthorized use, of Your Account(s) or any other breach of security. DELTA 88 cannot and will not be liable for any loss or damage arising from Your failure to comply with the above requirements.

DELTA 88 may suspend or terminate access to Your Account(s) at its sole and absolute discretion. In the case that Your Account(s) is terminated, these Terms shall remain, to the extent applicable, in full force and effect.

8. USER CONDUCT

Any time You access or use the Sites or participate in the Services, You are required to comply with our User Conduct Guidelines, as set forth below. You are not authorized to access or use the Sites:

• to systematically retrieve information or content to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
• if You are not able to form legally binding contracts;
• if you are under the age of 21. 
• if You are a person barred from receiving our products or Services under the laws of the United States or other applicable jurisdiction; or
• for any other purposes that are not expressly permitted by these Terms.

Further, You may not:

• access, copy, distribute, share, publish, use, or store any DELTA 88 Content for purposes that are inconsistent with our Privacy Policy, or otherwise violate the privacy rights or any other rights of other users or any other third party, including by disclosing, selling, renting, distributing, or exposing any DELTA 88 Content to a third party, using it for marketing purposes, or otherwise using it for any purposes unrelated to the Sites or Services;
• access, copy, distribute, share, publish, use or store, or prepare derivative works from any DELTA 88 Content or content that belongs to another user or to a third party, including works covered by any copyright, trademark, patent, or other intellectual property right, except with prior express permission of the person or entity holding the rights to license such use;
• circumvent our systems, policies, including by attempting to access or use the Sites or Services if You have been temporarily or permanently prohibited or blocked from using the Sites or Services;
• access, search, collect information from, or otherwise interact with the Sites by “scraping,” “crawling” or “spidering” the Sites, by the use of any software, device, script or robot, or by any other means (automated or otherwise) other than through the currently available, published interfaces that are provided by DELTA 88, unless You have been specifically authorized to do so in a separate agreement with DELTA 88;
• use, display, mirror or frame the Sites, or any feature, functionality, tool or content of the Sites or Services, DELTA 88’s name, any DELTA 88 trademark, logo or other proprietary information, without DELTA 88’s express written consent;
• interfere with, disrupt, damage or compromise the Sites, Services, or our systems or the access of any user, host or network in any way, including through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology or by overloading, flooding, spamming, mail-bombing the Sites, or otherwise imposing an unreasonable or disproportionately large load on the Sites;
• access, tamper with, or use non-public areas of any of the Sites, Services, DELTA 88’s computer systems, or the technical delivery systems of DELTA 88’s providers;
• probe, scan, or test the vulnerability of any system or network of DELTA 88 or its providers, or breach or circumvent any security or authentication measures of such system or network;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by DELTA 88 or any of DELTA 88’s providers or any other third party to protect the Sites;
• forge any TCP/IP packet header or any part of the header information in any e-mail or posting, or in any way use the Sites to send altered, deceptive or false source-identifying information;
• attempt to decipher, decompile, disassemble or reverse engineer any of the code or software used to provide the Sites;
• export or re-export the Sites, except in compliance with the export control laws and regulations of any relevant jurisdictions;
• post reviews on the Sites or Services or any of DELTA 88’s social media pages or channels that are not based on Your own personal experiences, not factual in nature, or based on secondhand, non-personal experience;
• resell for commercial purposes products purchased through use of the Sites or Services or resell or make commercial use of the Sites, Services, or DELTA 88 Content;
• Export any products purchased obtained through use of the Site, Services, or DELTA 88 Content. 
• violate any federal, state or local laws, rules or regulations or infringe the rights of any third party, including, any intellectual property, privacy or publicity-related rights in connection with Your access to or use of the Sites or use of the Services;
• otherwise abuse the Sites or Services or breach the Terms; or
• attempt to do any of the foregoing, or advocate, encourage, or assist any third party in doing any of the foregoing.

By using and continuing to use the Site or Services, you represent, warrant, and agree that You shall comply with the above User Conduct Guidelines. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that You have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of Your information or related materials from the Sites and/or Services and termination of Your Account(s).

9. USER CONTENT

We welcome and encourage You to provide feedback, comments, ideas, and suggestions for improvements, enhancements, and modifications to the Sites and/or Services, which may include text, photos, audio, code, forms and agreements, files, videos, images, and other materials (“User Content”). You may submit User Content by messaging us, or contacting us via the contact information provided below. You acknowledge and agree that all User Content You give us (i) will be treated as non-confidential, and (ii) will be the sole and exclusive property of DELTA 88. Without limiting the foregoing, You acknowledge that Your User Content may be disseminated or used by DELTA 88 for any purpose whatsoever, including developing, improving and marketing products. You hereby irrevocably transfer and assign to DELTA 88 all of Your rights, title, and interest in and to all User Content, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights You may have in such User Content.

You agree to sign and deliver such documents and otherwise provide such assistance, as may reasonably be required from time to time to perfect DELTA 88’s rights in such improvements, enhancements, and modifications.

In addition to the User Conduct Guidelines above, Your User Content may not:

• infringe on any rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights, trade secrets, or any other intellectual property or proprietary rights;
• violate any law, statute, ordinance, or regulation;
• be defamatory, libelous, slanderous, or threatening;
• contain offensive language or images, including sexually explicit content that is pornographic, obscene, harmful to minors, or constitute violations of child pornography or child sexual exploitation laws;
• denigrate any ethnic, racial, sexual, or religious group by stereotypical depiction or otherwise;
• exploit images or the likeness of any individual other than Yourself (except where You have obtained express permission from such other individual(s) for such exploitation);
• promote physical harm of any kind against any individual or group or characterize violence as acceptable, glamorous, or desirable;
• provide instructional information about illegal activities; or
• contain any viruses or other programming routines that may detrimentally interfere with computer systems or data, whether those of DELTA 88 or any third party.

10. ELECTRONIC AND TELEPHONIC COMMUNICATIONS

When You use the Sites, participate in the Services, or send e-mails, messages (e.g., via our chatbot feature), and other communications from Your desktop or mobile device to us, You are communicating with us electronically. By providing any means of contact such as email or phone number, You are consenting to receive communications from us (e.g., newsletters and updates) including via e-mail, text messages, phone calls, social media, and push notifications at the email address or telephone number (including mobile number) You provided. You agree that all agreements and consents can be signed electronically and all notices, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such notices and other communications be in writing. You agree that you are the subscriber of the means of contact, or otherwise have actual authority to consent to receiving communications. 

We may send and receive (recurring) text messages through cellular telephone operators or other networks, and the level of reliability may vary. Consent to receive such message is not required as a condition of purchasing any goods or Services. We are not responsible for the timeliness or final delivery of text messages, as that is outside our control and is the responsibility of the cellular telephone operator or other networks. Your carrier may charge standard messaging, data, and other fees, and You are responsible for those charges. Notwithstanding the foregoing, we will use Your mobile number in accordance with our Privacy Policy. Please read our Privacy Policy to learn more about our communications practices.

IF YOU WISH TO OPT OUT OF MARKETING EMAILS FROM US, YOU CAN UNSUBSCRIBE BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE MARKETING EMAIL ITSELF. IF YOU WISH TO OPT OUT OF TEXT MESSAGES FROM US, YOU CAN DO SO BY TEXTING THE APPLICABLE KEYWORD PROVIDED IN THE TEXT MESSAGE(S), FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. You understand and agree that You may continue to receive communications from us while we process Your opt-out requests, and You may also receive a communication confirming the receipt of Your opt-out requests.

11. MODIFICATION AND SUSPENSION

We reserve the right, at any time in our sole discretion and without notice to You, to modify, suspend or discontinue the Sites, the Services, and DELTA 88 Content. We may also impose rules for and limits on the use of the Sites or restrict Your access to all or part of the Sites or Services without notice or penalty. You agree that, to the fullest extent allowed by applicable law, we will not be liable to You or to any third party for any modification, suspension, or discontinuance of the Sites, the Services, or DELTA 88 Content.

These Terms will survive any termination, discontinuation, or cancellation of the Sites, Services, or Your Account(s).

12. WARRANTIES BY USERS

You represent and warrant to DELTA 88 that You have the power and authority to accept and agree to these Terms, and You own or control all of the rights necessary to grant the rights and licenses granted herein.

13. DISCLAIMERS

BY ENTERING AND/OR USING THE SITES OR PARTICIPATING IN THE SERVICES YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION AND SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE MADE WITH RESPECT TO THE SITES, SERVICES, OR ANY INFORMATION OR SOFTWARE THEREIN OR PROVIDED IN CONNECTION THEREWITH (INCLUDING BUT NOT LIMITED TO DELTA 88 CONTENT), OR ANY WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE SITES, SERVICES OR THE DELTA 88 CONTENT, THAT USE OF THE SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY DELTA 88 CONTENT.

14. DISCLAIMER OF WARRANTY

ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) 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.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

15. LIMITATION OF LIABILITY

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, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

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 PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DELTA 88 AND YOU, AND WILL SURVIVE AND APPLY EVEN IF YOUR REMEDIES ARE FOUND OR ALLEGED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.

16. INDEMNIFICATION

To the maximum extent not prohibited by applicable law, You agree to release, defend, indemnify, and hold DELTA 88, its parent, subsidiaries, Affiliates, licensors and service providers, and its and their officers, directors, shareholders, agents, employees and representatives (individually and collectively, the “DELTA 88 Entities“), harmless (collectively, “indemnify” or any variation thereof) from and against any claims, liabilities, damages, losses, costs and expenses, including, any bodily injury, illness, death or damage to any real or personal property, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs, arising out of or relating to or in any way connected with (i) the Services and/or Your access to or use of the Sites, including any and all DELTA 88 Content and any features, functionality, tools, and promotions available on and through the Sites, (ii) Your breach of the Terms, including any violation of national, federal, state or local or other applicable laws, rules or regulations or any infringement or misappropriation of the rights of any third party, and (iii) Your gross negligence or willful misconduct.

You agree that, at DELTA 88’s option, You will conduct the defense of any such claim or action; provided that, notwithstanding our election that You to conduct the defense, (i) DELTA 88 may nevertheless participate in such defense or settlement negotiations and pay its own costs associated therewith, and (ii) You will not enter into any settlement or other compromise without the prior written approval of DELTA 88 (which approval shall not be unreasonably withheld) unless such settlement or other compromise includes a full and unconditional release of the relevant parties from all liabilities and other obligations in respect of such claim or action.

No person or entity shall be entitled to any form of indemnification at any time, except as provided by the Terms.

17. USERS; THIRD PARTY WEBSITES

Though users are required by the Terms to provide accurate information, we do not guarantee the completeness or accuracy of any information provided by any user, including the user’s purported identity, credentials or background. We recommend that You exercise due diligence when deciding to communicate or interact with another user, and we will not be responsible or liable for any damage or harm resulting from Your interactions with other users.

Although the Sites may be linked to other sites, DELTA 88 is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By entering the Sites, You acknowledge and agree that DELTA 88 has not reviewed all the sites linked to the Sites and is not responsible for the content of any off-site pages or any other site linked to the Sites. Your linking to any other off-site pages or other sites is at Your own risk. You should refer to the terms and policies governing any other sites related to or associated with this Site that You use to determine Your rights and responsibilities in regard to those sites.

18. GOVERNING LAW AND DISPUTE RESOLUTION

YOU AND DELTA 88 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. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by these Terms. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Each Party is responsible for its own attorney's fees. Any fees administered by AAA will be shared equally among the Parties. 

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR DELTA 88 WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention, do so within 60 days of your purchase. Notice must be provided to [contact] and the notice must include your full name, address, and order number. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

19. MISCELLANEOUS PROVISIONS

You may be given the ability to provide us with personally identifiable information on certain areas of the Sites or in conjunction with participation in the Services. Please read our Privacy Policy for more information about our information collection and use practices.

From time to time we may invite users to refer friends, family, or acquaintances to DELTA 88. Any such referral program will be subject to the additional Referral Program Terms.

If any provision of these Terms shall be deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

These Terms constitute the entire agreement between You and DELTA 88 regarding the use of the Sites and DELTA 88 Content and participation in the Services and supersede and replace any prior agreements You and DELTA 88 might have had regarding the Sites, DELTA 88 Content, and Services. By using the Sites or participating in the Services, You represent that You are capable of entering into a binding agreement.

We will not be deemed to be in breach of these Terms or liable for any breach of these Terms or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, pandemics/epidemics, or other disaster (each a “Force Majeure” event or occurrence).

Nothing in these Terms shall affect Your statutory rights except as otherwise agreed. DELTA 88 may (in its sole discretion) decline to enter into any correspondence, except as otherwise stated in these Terms.

You may not assign any of your rights or delegate any of your obligations under these Terms without prior written consent of DELTA 88. Any such waiver or delegation is void ab initio. 

20. CONTACT US

If You have any questions or concerns, please contact DELTA 88 at support@delta88.vip.

21. JURISDICTIONAL NOTICES

21.1 California

GOVERNMENT WARNING: OUR PRODUCTS CONTAIN CANNABIS, A SCHEDULE I CONTROLLED SUBSTANCE. KEEP OUT OF REACH OF CHILDREN AND ANIMALS. CANNABIS MAY ONLY BE POSSESSED OR CONSUMED BY PERSONS 21 YEARS OF AGE OR OLDER UNLESS THE PERSON IS A QUALIFIED PATIENT. CANNABIS USE WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL. CONSUMPTION OF CANNABIS IMPAIRS YOUR ABILITY TO DRIVE AND OPERATE MACHINERY. PLEASE USE EXTREME CAUTION. Medical marijuana products are for medical use only.

WARNING: Products that contain cannabis can expose You to chemicals including cannabis smoke and THC, which are known to the State of California to cause cancer and birth defects.

21.2 Connecticut

Products containing cannabis may be habit forming. Keep out of reach from children.

21.3 Florida

It is illegal to transfer medical marijuana to another person. KEEP OUT OF REACH OF CHILDREN AND ANIMALS. PRODUCTS CONTAINING CANNABIS HAVE NOT BEEN PRODUCED OR INSPECTED PURSUANT TO FEDERAL FOOD SAFETY LAWS.

21.4 Illinois

Products containing medical cannabis were produced in a medical cannabis cultivation center not subject to public health inspection that may also process common food allergens. Edible cannabis products are medical cannabis-infused products and not food. Products that contain medical cannabis are intended for consumption by registered qualifying patients only. Smoking is hazardous to Your health. CAUTION: Our products contain cannabis, and intoxication following use may be delayed 2 or more hours. Products that contain cannabis were produced in a facility that cultivates cannabis, and that may also process common food allergens. MEDICAL MARIJUANA: Products that contain cannabis are for medical use and not for resale or transfer to another person.

21.5 Maryland

The contents of cannabis products may be lawfully consumed only by a qualifying patient named on an attached label. It is illegal for any person to possess or consume the contents of the package other than the qualifying patient. It is illegal to transfer the package or contents to any person other than a transfer by a caregiver to a qualifying patient. Keep the package and its contents away from children other than a qualifying patient. The Maryland Poison Control Center can be reached at 1-800-222-1222.

21.6 Massachusetts

The impairment effects of edible products may be delayed by two hours or more. Our cannabis products have not been analyzed or approved by the FDA. There is limited information on the side effects of using such products, and there may be associated health risks. Marijuana use during pregnancy and breast-feeding may pose potential harms. It is against the law to drive or operate machinery when under the influence of such products. KEEP CANNABIS PRODUCTS AWAY FROM CHILDREN.

21.7 Minnesota

Our cannabis products have not been analyzed or approved by the United States Food and Drug Administration. There is limited information on the side effects of using such products, and there may be associated health risks. Do not drive or operate heavy machinery when under the influence of cannabis products. KEEP cannabis products OUT OF REACH OF CHILDREN. Medical cannabis is for therapeutic use only. Diversion of such products is unlawful and may result in the revocation of the patient’s registration.

21.8 Nevada

Products containing marijuana can impair concentration, coordination and judgment. Do not operate a vehicle or machinery under the influence of this drug. Cannabis products may be unlawful outside of the State of Nevada. Warning: Cannabis products may have intoxicating effects and may be habit forming. Smoking is hazardous to Your health. There may be health risks associated with consumption of cannabis products. Cannabis products should not be used by women who are pregnant or breast feeding. Cannabis products are for use only by the person named on the label of the dispensed product. Keep out of the reach of children. Marijuana can impair concentration, coordination and judgment. Do not operate a vehicle or machinery under the influence of this drug. CONCENTRATED CANNABIS PRODUCTS: Caution: When eaten or swallowed, the intoxicating effects of this drug may be delayed by 2 or more hours.

21.9 New Jersey

Products that contain cannabis are for medical use by a qualifying patient only and are not for resale. These products have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.

21.10 New York

Medical marihuana products must be kept in the original container in which they were dispensed and removed from the original container only when ready for use by the certified patient. Keep secured at all times. May not be resold or transferred to another person. Medical marihuana products might impair the ability to drive. KEEP SUCH PRODUCTS AWAY FROM CHILDREN (unless medical marihuana product is being given to the child under a practitioner’s care). Medical marihuana products are for medicinal use only. Women should not consume during pregnancy or while breastfeeding except on the advice of the certifying practitioner, and in the case of breastfeeding mothers, including the infant’s pediatrician.

21.11 Ohio

Cannabis products may be unlawful outside of the State of Ohio. Edible Product Caution: When eaten or swallowed, the effects and impairment caused by this drug may be delayed. Warning: Cannabis products may cause impairment and may be habit-forming. Smoking medical marijuana is not permitted in the State of Ohio. There may be health risks associated with consumption of cannabis products. Cannabis products should not be used by women who are pregnant or breastfeeding. Cannabis products are for use only by the person named on the label of the dispensed product. Keep out of reach of children. Marijuana can impair concentration, coordination and judgment. Do not operate a vehicle or machinery under the influence of this drug. If You have a concern that an error may have occurred in the dispensing of Your medical marijuana, You may contact the State of Ohio Board of Pharmacy, using the contact information found at medicalmarijuana.ohio.gov.

21.12 Pennsylvania

Products that contain cannabis are for medicinal use only. Such products must be kept in the original containers in which it was dispensed. These products might impair the ability to drive or operate heavy machinery. Women should not consume during pregnancy or while breastfeeding except on the advice of the practitioner who issued the certification and, in the case of breastfeeding, the infant’s pediatrician. Keep out of reach of children. Any unauthorized use is unlawful and will subject the purchaser to criminal penalties.

21.13 Rhode Island

Products that contain marijuana are for medicinal use only. Such products must be stored in a securely locked cabinet away from children. It is unlawful to transport products containing marijuana outside of Rhode Island. Products containing medical marijuana are for medical use by a registered patient only, and are not for resale. For medical marijuana products intended to be smoked or vaporized, be aware that smoking and vaping are hazardous to Your health, and vaping can expose You to toxic chemicals that may lead to death. The effects of medical marijuana infused products may be delayed by 3 or more hours. Do not eat or smoke topical medical marijuana products. Marijuana has intoxicating effects and may be habit forming and addictive. Do not operate a vehicle or machinery under the influence of marijuana. Marijuana should not be used by women that are pregnant or breastfeeding. Early and frequent cannabis use has been associated with the onset of psychosis.

21.14 Virginia

Products that contain cannabis are for medical use by a qualifying patient only and are not for resale. These products have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.

22. CHANGES TO THESE TERMS

DELTA 88 reserves the right to revise and update these Terms at any time and for any reason, with or without notice or obligation. Your use of the Sites or Services after we post any changes constitutes Your agreement to those changes and Your agreement to be bound by any such revisions. In addition to posting the updated Terms, we reserve the right in our sole discretion to notify You of such revisions via email, if provided. You agree to periodically review these Terms to ensure You are familiar with the most recent version. You agree that You do not have any rights in the Sites and that DELTA 88 will have no liability to You if the Sites or Services are discontinued or Your ability to access the Sites or participate in the Services are restricted.

23. LOYALTY PROGRAM TERMS & CONDITIONS

Your enrollment in the Program is subject to these Terms, which we may update from time to time. By joining the Program You agree to and are bound by the terms, conditions, policies, and notices contained in these Terms, and You acknowledge that information will be processed as set forth in Our Privacy Policy. If You do not agree to these Terms, do not enroll in the Program.

23.1. How To Sign Up

Subject to the terms and conditions herein, the Program is automatically available to DELTA 88-qualified patients, caregivers, and adult-use purchasers 21 years of age and older who are either: (i) new DELTA 88 customers or (ii) existing customers who enroll in this Program that opt-in to the Program via our REWARDS PAGE (“Customer”).

By signing up for the Program, Customers will receive text/email communications from DELTA 88. Customers may opt out of text/email communication at any time, but will still remain part of the Program. By checking the box, providing a mobile phone number, and signing up for the Program, the Customer consents to receive recurring marketing text and email messages at the phone number provided via an automatic delivery system and/or artificial/pre-recorded voice calls from DELTA 88 and its Affiliates. Consent is not required as a condition of any purchase. Message and data rates may apply. Customers may opt out of communications by the instructions provided in the communication medium (email, SMS, etc.). Customer affirms that they are the subscriber to the communication medium, or have actual authority to consent to receiving communications on the communication medium. 

Upon enrollment and subject to compliance with applicable law, Customer may receive, at the sole and reasonable discretion of DELTA 88, as set forth in detail below, free DELTA88.VIP-branded merchandise (not including Customers in Massachusetts or Ohio where such merchandise is prohibited), exclusive offers, communications, and early previews of DELTA 88 products.

To sign up, prospective Customers must (1) create an Account for the Program, providing all information requested, including a valid name and contact information, including email, address, or phone number (“Loyalty Account”)

Only one (1) Loyalty Account per person/phone number. Any person attempting to obtain or use more than one Loyalty Account, phone number, identity, registration, or log-in, may be disqualified from participating in the Program at DELTA 88’s sole discretion. DELTA 88 is not responsible for any incorrect or inaccurate information supplied by any Customer. You represent and warrant that all registration information You submit is truthful and accurate, and that You will maintain the accuracy of such information at all times. You may not create more than one Loyalty Account. As part of the Program enrollment, You will be required to provide Your name, date of birth, zip code, and phone number.

To cancel Your Loyalty Account, please email DELTA 88 at SUPPORT@DELTA88.VIP

23.2 How To Accrue Points

Customers will accrue one (1) loyalty point (each, a “Point”) for every $1 spent on the total qualifying purchase of both cannabis and non-cannabis products (net of discounts, returns, credits, delivery fees, and taxes) made at any participating, qualifying DELTA 88 dispensaries in CA, CT, FL, IL, MD, MA, MN, NV, NJ, NY, OH, PA, RI, and VA (and such other states as may be designated by DELTA 88 in its discretion, subject to such states’ applicable legal requirements) when the transaction is rung under Customer’s Loyalty Account, except as set forth in detail herein. In Massachusetts, discounts are only allowed for medical patients and are prohibited for adult-use purchasers. Points may only be added to a Loyalty Account at the time of the qualifying transaction.

Except for DELTA 88 dispensaries in New Jersey, Points may be used and combined with other valid DELTA 88 offers.

Customers can track Points by signing in to their loyalty page with their email and password.

There is no maximum on the amount of Points a Customer can earn. Customer does not have an entitlement to, or property interest in Points. Any Points accrued by a customer may be canceled at DELTA 88’s discretion. 

From time to time, and in DELTA 88’s sole discretion, DELTA 88 may offer other methods of accruing and redeeming Points. Any methods of accruing and redeeming Points are subject to these Terms and any additional terms listed on the Rewards Page or otherwise presented in connection with the description of the applicable Point accruing and redeeming method if any (“Additional Terms”). Not all accrual activities will be available to all Customers. Accrual and/or redemption rates may vary from state to state where the Program is available, at DELTA 88’s sole discretion. In the event of any conflict between these Terms and any Additional Terms, the Additional Terms shall control. We reserve the right, at any time in our sole discretion and without notice to You, to modify, suspend or discontinue the Program. We may also impose rules for and limits on membership to the Program or restrict Your access to the Program without notice or penalty. You agree that, to the fullest extent allowed by applicable law, we will not be liable to You or to any third party for any modification, suspension, or discontinuance of the Program.

23.3 How To Redeem Points

Points are deducted from the Customer’s Loyalty Account balance at the time of redemption.

In the event of a dispute concerning the identity of a Customer, the Customer will be declared the registered Loyalty Account holder of the phone number associated with the Loyalty Account, but only if that person meets all other eligibility criteria.

Points earning and redemption will be state-specific and may vary from state to state. Points may not be transferred between states. Loyalty points earning and redemption will be shared within a state and can be earned and redeemed across stores within the same state.

The Points are exclusive to the participating, qualifying, DELTA 88 retail stores and cannot be used in non-DELTA 88 retail stores or non-participating, non-qualifying DELTA 88 retail stores.

Your Points will expire and be removed from Your Loyalty Account after 365 consecutive days of having no qualifying purchase in Your Loyalty Account. Any qualifying purchase posted to Your Loyalty Account will extend Your Point(s) expiration date for 365 days from the posting date.

Unless otherwise specified, Points can be redeemed in the form of a discount on purchases made with DELTA 88. Points do not have a monetary value and cannot be exchanged for cash or its equivalent.

All redemptions are subject to applicable law. DELTA 88 IS NOT RESPONSIBLE FOR ANY POINTS THAT CANNOT BE REDEEMED IN ACCORDANCE WITH THE TERMS DUE TO RESTRICTIONS IMPOSED BY APPLICABLE LAW.

Points are non-transferable and can be redeemed only by the Customer associated with the Loyalty Account. The Customer name on the Loyalty Account must match the valid picture ID (driver’s license, passport, etc.) that matches the name printed on the Loyalty Account presented at the time of purchase. If the ID does not correspond to the Loyalty Account name, the Points cannot be redeemed.

Points must be redeemed in a single transaction and will be surrendered to DELTA-88 at the time of purchase. If the entire redemption amount is not used, any unused Points are forfeited. The unused Points cannot be credited to any Loyalty Account, redeemed for cash or merchandise credit.

In Ohio, points can only be redeemed for non-cannabis products

Points will not be refunded with returns if Points were redeemed during such transaction.

Points have no cash value and cannot be credited to a Loyalty Account or redeemed for cash.

Points are not valid on and cannot be redeemed for: (1) Previous purchases; or (2) taxes or processing charges. Points cannot be earned on previous purchases or taxes and processing fees. 

Lost or stolen Points will not be replaced. You agree that You are solely responsible for maintaining the confidentiality of Your Loyalty Account login information and are fully responsible for all activities that occur under Your Loyalty Account. You agree to immediately notify DELTA-88 of any unauthorized use, or suspected unauthorized use, of Your Loyalty Account or any other breach of security. DELTA-88 is not liable for any loss or damage arising from Your failure to comply with the above requirements. DELTA-88 may suspend or terminate access to Your Loyalty Account in its sole and absolute discretion. In the case that Your Loyalty Account is terminated, these Terms shall remain, to the extent applicable, in full force and effect.

Points cannot be sold or otherwise bartered.

DELTA 88 reserves the right to alter and/or discontinue the Program at any time without notice.

If the total sale is greater than the Points being redeemed, the Customer must provide payment prior to completing the transaction.

Customer shall have the responsibility of ensuring that his or her Points are properly credited. If a Customer believes that Points were not properly accrued to his or her Loyalty Account, the Customer must notify DELTA 88 and any claim for Points not credited accurately must be received by DELTA 88 within six (6) months of the date of claimed accrual of Points. DELTA 88 shall have no liability for any printing, production, typographical, mechanical or other errors or for any delay or failure to credit Points to Customer’s Loyalty Account.

23.4 Disqualifying Activities

DELTA 88 is entitled to take any action it considers appropriate in its sole discretion, including removing or suspending Your Loyalty Account and canceling Points accrued if we detect any disqualifying activity concerning Your Loyalty Account including but not limited to:

(i) engaging in illegal or fraudulent activities;

(ii) supplying or attempting to supply false or misleading information, or making a misrepresentation to DELTA 88;

(iii) selling, assigning, transferring or acquiring, or offering to sell, assign, transfer or acquire any Points other than in accordance with these Terms and conditions; or

(iv) excessive accruing of Points (via fraud or other means).

23.5 Other Terms

THE PROGRAM IS SUBJECT TO APPLICABLE LAW AND APPROVAL BY INDIVIDUAL U.S. STATES. DELTA 88 IS NOT RESPONSIBLE FOR ANY POINTS THAT CANNOT BE REDEEMED IN ACCORDANCE WITH THE TERMS DUE TO RESTRICTIONS IMPOSED BY APPLICABLE LAW. DELTA 88 RESERVES THE RIGHT TO DISCONTINUE THE PROGRAM, FOR ANY REASON, AT ANY TIME, WITHOUT NOTICE.

The DELTA 88 Entities are not responsible for: (a) misdirected, late, lost, garbled, unintelligible, damaged, stolen, non-delivered or postage-due communications or other Program-related materials whether caused by Customers, wireless carriers, Internet Service Providers (“ISP”) or unauthorized human intervention; (b) any damage to a Customer’s or other person’s computer system or digital device which is caused or occasioned by participating in the Program or attempting to redeem Points; (c) technical difficulties or failures of any kind including, but not limited to, lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet, digital device or wireless carriers, websites or other connections, availability or accessibility problems arising in connection with or over the course of the Program; (d) miscommunications, failed, jumbled, scrambled, delayed, dropped, interrupted, lost, non-delivered or misdirected computer, telephone, digital device, email, mobile or cable transmissions or hardware, software, program or programming malfunctions, failures or difficulties of any kind including, but not limited to: malfunctions, interruptions or disconnections in transmissions or connections, phone lines, network hardware or software, computers, equipment, programming errors, cable, satellite, cellular tower, or ISP or wireless carriers; (e) any technical malfunctions, failures or difficulties, printing errors, clerical, typographical or other errors in these Terms, any Program advertisement, on the Wallet or other materials; (f) any errors or failures of any kind, whether human, mechanical, clerical, electronic, interruption of power, digital, mobile or technical in nature, or unauthorized human intervention; (g) any incorrect or inaccurate information, whether caused by tampering or hacking, or by any equipment or programming associated with, or utilized in the Program, including, without limitation, redemptions that are submitted by automated computer programs or other illegitimate means; or (h) the incorrect or inaccurate capture of information or the failure to capture or loss of any information.

If You have any questions or concerns regarding the Program, please contact DELTA 88 at support@delta88.vip

DELTA 88 reserves the right to terminate a Customer’s Program membership, and void any Points accumulated in such Loyalty Account(s), if, in DELTA 88’s sole discretion, the Customer appears to have violated any of the Terms or any applicable law, or earns Points via deception, forgery, fraud, or commit any other abuse of the Program. DELTA 88 reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law and these Terms. 

DELTA 88 reserves the right, without prior notice and at any time, to terminate the Program, in whole or in part, or modify or suspend the Program, or any portion thereof, in any way, if it determines, in its sole discretion, that the Program is impaired or corrupted or that fraud, breach of confidentiality, or technical problems, failures or malfunctions have destroyed or severely undermined the integrity and/or feasibility of the Program.

DELTA 88 reserves the right, in its sole discretion, to cancel, change, modify or discontinue the Program, in whole or in part, including any terms, rules, features, benefits, rewards, conditions of participation, the Point accruing/accumulation ratio, the Point redemption policy, and the Point expiration policy, or any other aspect of the Program, in whole or in part, at any time, with or without advance notice, even though changes may affect the value of the Points and rewards already accumulated. DELTA 88 may make changes to any element of the Program to correct for typographical, printing or other errors and You waive any rights relating to same. Any changes will become effective immediately upon posting the revisions. At all times, Customers are solely responsible for remaining knowledgeable about and in compliance with these Terms. Your use of Points after we post any changes constitutes Your agreement to those changes and Your agreement to be bound by any such revisions.

Only the type and quantity of Points described in these Terms will be awarded.

This Section 22, and all other Terms, will survive any termination, discontinuation, or cancellation of the Program or Your Loyalty Account.