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Terms of Use Silver Stem Fine Cannabis™ Website and Loyalty Program

By accessing the Silver Stem Fine Cannabis™ website (“Website”), and/or participating in our Company loyalty program, you agree to these Terms of Use.

 

These Terms of Use form a legally binding agreement between you, and any entity you represent, and Sistem IP LLC d/b/a Silver Stem Fine Cannabis, including its corporate affiliates.  Sistem IP LLC and its corporate affiliates are sometimes referred to as “we,” or collectively as the “Company,” and the end user is referred to as “you” or the “User. 

 

The Company reserves the right to change or modify these Terms of Use at any time by giving notice on this page, and by continuing to use this Website you agree to any updated or modified Terms of Use.  The Company recommends that the Users check this page often, referring to the date of the last modification listed at the bottom. If you object to any terms of this Terms of Use—or if you are not at least twenty-one years of age or a medical cannabis patient or caregiver of at least eighteen years of age--you should cease using this Website and any related applications immediately.

 

The content of this web site is owned by the Company and protected by applicable copyright, trademark and common law.  The Company grants you a limited, revocable,  non-transferable, non-commercial license to access the website for your personal use only.  The Company grants the User permission to temporarily download one copy of this website for personal, non-commercial use only.  The Company reserves and and all rights not expressly granted herein.

 

YOU MUST BE AT LEAST TWENTY-ONE YEARS OF AGE, OR AN AUTHORIZED MEDICAL PATIENT OR CAREGIVER EIGHTEEN YEARS OR OLDER, TO ACCESS THE SILVER STEM WEBSITE AND TO ENROLL IN ANY COMPANY LOYALTY PROGRAM OR USE ANY APPLICATION PROVIDED BY THE COMPANY OR ANY THIRD PARTY ACTING ON THE COMPANY’S BEHALF.

 

ALL CONTENT AND FUNCTIONALITY ON THE WEBSITE, OR THAT IS OFFERED VIA ANY COMPANY EMAIL, NEWSLETTER, PROMOTION OR APPLICATION, IS OFFERED “AS-IS, WHERE-IS” AND THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES ARISING OUT OF OR RELATED TO SUCH CONTENT OR FUNCTIONALITY TO THE FULLEST EXTENT OF THE LAW, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 

 

YOUR AGREEMENT TO THESE TERMS OF USE WILL SURVIVE YOUR DISCONTINUATION OF USE OF THE WEBSITE OR ANY PRODUCTS OR SERVICES PROVIDED BY THE COMPANY OR ANY THIRD PARTY ACTING ON THE COMPANY’S BEHALF. 

 

  1. Privacy Policy

Your use of the Website and participation in any Company loyalty program is subject to our Privacy Policy, which you may access here.

 

  1. Links to third-party websites; third-party content

The Website may contain links to third-party websites and content provided by third parties such as product manufacturers or vendors.  You should review the applicable terms of service and privacy policy of any third-party website prior to accessing the site’s content or providing information to the site.  The Company makes no representations or warranties regarding the content or functionality of any third-party website, or the accuracy or completeness of any content provided by any third-party, and expressly disclaims any liability arising out of or related to your use of any third-party website or any third-party content.

 

  1. Indemnification; Limitation of Liability

You agree to indemnify and hold harmless the Company (including its employees, officers, owners, attorneys, agents and contractors, attorneys) from and against any claim or liability of any nature whatsoever arising out of or related to your use of the Website.  

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE ANY RIGHT TO CLAIM ANY SPECIAL OR PUNITIVE DAMAGES AGAINST THE COMPANY, OR ANY DAMAGES ARISING OUT OF OR RELATED TO A CLAIM FOR LOST PROFITS, AND EXPRESSLY AGREE THAT THE COMPANY’S MAXIMUM LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR ANY EMAIL, NEWSLETTER, CONTENT OR APPLICATION PROVIDED BY THE COMPANY WILL BE CAPPED IN THE AMOUNT OF TEN DOLLARS ($10 USD).  THIS DAMAGES CAP WILL APPLY TO ANY AND ALL SUCH CLAIMS, REGARDLESS OF THE NUMBER OF CLAIMS OR THE THEORY OF RECOVERY.

 

  1. Loyalty Program; Accounts

The Company may offer various promotions or discounts in connection with our “Silver Seeds” customer loyalty program, or other loyalty programs.  The Company may offer points, discounts and promotions in exchange for the ability to track the purchases of participants in the loyalty program.  Loyalty program points, rewards or incentives have no cash value and may not be exchanged for cash.  The Company reserves the right to update or modify the terms of any promotion, rewards or loyalty program, or to discontinue any rewards, promotion or loyalty program, in its sole and absolute discretion.

 

You hereby grant to the Company a non-exclusive, perpetual, royalty-free and fully transferable and sublicensable license to use, modify and/or aggregate any information, data, feedback, suggestions or content that you share with the Company.  The Company may use this information or content for purposes including to provide services to customers or to improve the Company’s products or services, or the products or services of any of the Company’s authorized third-party providers, partners or contractors.  Your provision of any such data, feedback, suggestions, or content is subject to the Company’s Privacy Policy, which you can review by clicking the link above.    

 

You should keep the login information for any account that you create private and not share your login information with any other person.  The Company makes no warranties regarding the security of its website or data storage, or the security of any services offered by third-parties that provide services to the Company.

 

  1. No Medical Advice

The Website or other materials distributed by the Company may contain information or articles regarding specific products or services, or general health and wellness information.  This content is provided for informational and entertainment purposes only and is not intended as medical advice.    You should speak with your physician or other healthcare professional regarding any medical conditions or health concerns that you may have, and prior to starting, discontinuing or modifying your use of any drug, supplement, exercise program or diet program.   No content or statements on the Website, or in any Company advertisement, bulletin, email, promotion, or app, should be construed as medical advice, or as a claim that any products or services offered by the Company are effective to diagnose, treat or cure any medical or health condition of any kind.

 

  1. Third-Party Content or Links

The Website, the Company’s mobile app, or emails or other communications from the Company may contain content provided by third parties or links to third-party websites.  The Company makes no representations or warranties regarding the correctness, completeness or accuracy of any content or information provided by any third party, and expressly disclaims any warranties regarding the same.  Similarly, the Company makes no representations or warranties regarding the safety or security of any website or application provided by any third party.  Your use of any third-party application or website will be subject to such third-party’s privacy policy and terms of use, and you should carefully review such terms of use and privacy policies prior to accessing any third-party website or downloading or using any third-party application or software program.

 

  1. Choice of Law; Venue

Your use of the Website and these Terms of Use are governed by Colorado law and venue for any legal action arising out of or related to your use of the Website will lie exclusively in the state courts of Colorado sitting in the City and County of Denver, Colorado.  This choice of law and venue provision will also apply to your use of any application or service provided by the Company unless the terms of use or privacy policy of a Company-authorized third-party company providing such application or service specify otherwise, in which case the choice of law and/or venue provisions in the terms of use or privacy policy of the third party providing such application or service will control.

 

  1. Contact Information

Any inquiries or notices related to your use of the Website, any customer loyalty program, any company emails or newsletters, or these Terms of Use should be sent via email to: info@silverstemcannabis.com

By providing this contact information, the Company does not waive the requirement of in-person hand delivery for service of process for any lawsuit or other litigation or legal action.

 

  1. Entire Terms; Severability

Your Agreement to these Terms of Use and the Company’s Privacy Policy represents the entire agreement between you and the Company regarding these matters.  No modification or waiver of these terms of use or the Privacy Policy will be effective against the Company unless it is set forth in a writing signed by the Company’s Chief Executive Officer or legal counsel.

 

If any provision of these terms of Use or the Privacy Policy is  declared void or unenforceable by a court of competent jurisdiction the remaining terms and provisions will remain in full force and effect to the fullest extent permitted by law.

 

  1. Federal Illegality

You expressly waive the right to claim that any portion of the terms of use or Privacy Policy are void or unenforceable due to the illegality of marijuana under federal law.  You agree to follow all laws of the state in which you reside with regard to your possession and use of marijuana.

 

  1. Copyright

The Website and its contents are copyright 2024 Sistem IP LLC dba Silver Stem, all rights reserved.  The Company reserves all statutory and common law rights  associated with use of the Company and its corporate affiliates’ trademarks and trade names. 

 

Effective November 7, 2024