Last updated: February 7, 2021
These Terms include an Arbitration provision that governs any disputes between you and us. This provision makes it mandatory that the parties submit disputes which are not otherwise resolved to a neutral third-party arbitrator for a binding decision and will eliminate your right to pursue a claim through a trial in a court by a judge or jury and substantially affect your rights, by preventing you from bringing, joining or participating in class or consolidated proceedings.
1. Use of the Site and the Services. Subject to your compliance with these Terms, BCD grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal, non-commercial use of the Site and the Services. This license does not include any resale or commercial use of the Site or Services; any derivative use of the Site or Services; or any use of data mining, robots, or similar data gathering and extraction tools. “Services” includes all of the content featured or displayed on or in any BCD Property, including without limitation product descriptions, images, text, graphics, photographs, video, sound, and illustrations (“Content”). You may not copy, reproduce, republish, upload, post, transmit, distribute, or modify any Content in any way, including on any other web site or network computer environment, as a “hot” link on or to any other web site, or in advertising or publicity pertaining to distribution of materials on the Site, without BCD’s prior written consent. You may not create any link from another web site to any page on the Site, or run or display any Content in frames or through similar means on another web site without our prior written permission. Any permitted links to the Site must comply with all applicable laws, rule and regulations. You may not misuse any BCD Property or the Services. You may use the BCD Properties, Services, and Products only as permitted by law. The license granted in these Terms terminates if you do not comply with these Terms or any Service Terms.
2. Age and ID Requirements. You must be at least 21 years of age or a qualified medical marijuana patient in the state of Washington to use any BCD Property, and you will comply with our Policy for in-Store identification. We may cancel your order(s) and/or otherwise refuse service to you if you do not provide us with a form of Acceptable ID as listed in our Policy, or in our sole discretion at any time.
3. Acknowledgment of Federal Law. You acknowledge that under the federal laws of the United States of America, manufacturing, distributing, dispensing or possession of marijuana may be illegal, and individuals may be subject to arrest and/or prosecution for doing so, even when the conduct is permissible under local and state law. You further acknowledge that medical use is not recognized as a valid defense under federal laws regarding marijuana, and that the interstate transportation of marijuana is a federal offense.
4. Product Purchases. Purchases of Products you make through the BCD Properties are subject to our Returns Policy. Descriptions of Products offered on the BCD Properties are content of our third-party suppliers, and we do not warrant that Product descriptions are accurate, complete, reliable, current, or error-free. Despite our best efforts, a small number of Products may be mispriced. If the correct price of an item is higher than the stated price, we will, at our discretion, either contact you for instructions before confirming your order, or cancel your order and notify you of the cancellation. Your order is not confirmed until we send you an e-mail or text message confirming the order, and we do not charge your card until you complete your purchase and pick up your order in a Store.
5. Account Registration and Security. If required to register to use any aspect of any BCD Property, you will: (a) provide true, accurate, current and complete information as prompted by the registration page (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. You may be required to be logged in to your account and have a valid payment method associated with it. If we have a reasonable belief that information you provide may not meet these standards, we may suspend or terminate your account and refuse all current or future use of any or all BCD Properties. You are solely responsible for the security and confidentiality of your password and account and for all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to log on to the Site using your account information or use your account information in any Store. You will immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. We may provide Registration Data, user content, usage records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business).
7. User Communications, Reviews, and Other Content. If you submit any reviews, comments, photos, videos, or other content or communications to us or through the BCD Properties, such content or communication may not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and may not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content you submit. If you do post content or submit material, and unless we indicate otherwise, you grant BCD a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant BCD the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify BCD for all claims resulting from content you supply. BCD has the right but not the obligation to monitor and edit or remove any activity or content. BCD takes no responsibility and assumes no liability for any content posted by you or any third party.
8. Electronic Communications.
8.1 Phone Calls/Text Messaging. By agreeing to these Terms, you agree and consent to be contacted at the phone number you provide by text message and/or by autodialer or artificial or prerecorded voice for any purpose, including marketing, by BCD and anyone acting on its behalf. Consent not required to purchase. These messages may include transactional messages about your Product orders, as well as marketing and other promotional messages. Messages we send may include but are not limited to: operational communications concerning your account or use of the BCD Properties or Services, information about orders you place for Products, updates concerning new and existing features on the BCD Properties, and notices about promotions we offer. Standard text messaging charges from your cell phone carrier may apply to text messages we send. You agree that texts, calls, or prerecorded messages may be generated by automatic telephone dialing systems, and you hereby waive your right to pursue any claims arising under the Telephone Consumer Protection Act (“TCPA”). You understand and agree that any telephone calls between you and BCD (including any BCD representatives or agents) may be monitored or recorded.
8.2 Opt-Out. You may opt out of receiving promotional text messages from BCD at any time by replying STOP to a promotional text message from BCD. You may opt out of receiving all text messages from BCD at any time by deleting your account or by replying STOP to any text message from BCD. However, you will not be able to place orders on the Site without agreeing to receive transactional text messages. You may continue to receive text messages for a short period while BCD processes your request, and you may also receive a text message confirming the receipt of your opt-out request.
8.3 Email. When you use a BCD Property or the Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. We may communicate with you electronically, and you consent to receive electronic communications such as e-mails, texts, and mobile push notices from us. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
9. Copyright and Trademarks. All Content, such as text, graphics, logos, button icons, images, audio clips, video, and software is the property of BCD or its licensor(s) and is protected by copyright law. The compilation of all Content is the exclusive property of BCD and is protected by copyright law. Graphics, logos, and trade and service names of BCD included in or made available through any BCD Property are trademarks or trade dress of BCD and are protected by trademark laws. You may not use any BCD Content (including any trademark or service mark) without our prior written consent. Other trademarks that appear on any BCD Property are the property of BCD’s supplier(s) or licensor(s).
10. Disclaimer of Warranties and Limitation on Liability. BCD DOES NOT OFFER MEDICAL ADVICE. ANY INFORMATION ACCESSED THROUGH THE BCD PROPERTIES IS FOR INFORMATIONAL PURPOSES ONLY, IS NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND IS NOT INTENDED TO COVER ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS, OR ADVERSE EFFECTS. SUCH INFORMATION INCLUDES, WITHOUT LIMITATION, THIRD-PARTY MATERIALS SUCH AS PRODUCT DESCRIPTIONS AND LABELS, AND USER CONTENT. THE INFORMATION ON THE BCD PROPERTIES SHOULD NOT BE USED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. ALWAYS CONSULT A QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON ANY BCD PROPERTY.
THE BCD PROPERTIES, SERVICES, AND ALL INFORMATION, CONTENT, MATERIALS, AND PRODUCTS MADE AVAILABLE TO YOU THROUGH THE BCD PROPERTIES ARE PROVIDED BY BCD ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BCD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BCD PROPERTIES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BCD PROPERTIES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BCD PROPERTIES, SERVICES, AND PRODUCTS IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, BCD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BCD DOES NOT WARRANT THAT THE BCD PROPERTIES, SERVICES OR CONTENT, OR ELECTRONIC COMMUNICATIONS SENT FROM BCD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, BCD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY BCD PROPERTY, SERVICE, CONTENT, OR FROM ANY PRODUCTS AVAILABLE THROUGH ANY BCD PROPERTY, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
11. Arbitration. Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause will survive termination of these Terms.
11.1 Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to these Terms and/or your relationship with us or with any subsidiary, parent or affiliate company or companies, contractors, vendors, or agents of ours, including, but not limited to: (i) claims that arose before this or any prior agreement between you and us, or which may hereafter arise; (ii) claims that are the subject of prior, pending, or future purported class action litigation; and (iii) claims that may arise after the termination of these Terms. Any such dispute or claim (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court.
11.2 Arbitration Procedures. For all disputes or claims, whether pursued in court or arbitration, you must first send a written description of your claim by sending us an email at [email protected] to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. If, after providing us an opportunity to resolve the dispute, your dispute or claim has not been resolved within 60 days, then, and only then, will you have the option to continue to pursue the dispute or claim through binding arbitration or, solely to the extent provided below, in court.
The arbitration of any dispute or claim will be conducted in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules (as applicable), as modified by these Terms. The AAA Rules and information about arbitration and fees are available online at www.adr.org. You and we agree that these Terms evidence a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms as a court would. Any arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
11.3 Costs of Arbitration. Upon filing of the arbitration demand, we will pay all filing, administration and arbitrator fees other than the initial $200 filing fee, and for claims of less than $1,000, we will reimburse you for the filing fee within 30 days of receiving a written request from you. Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. However, for claims under $10,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, we agree not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law.
11.4 Class Action Waiver and Jury Waiver. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated, or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.
12. Notice and Procedure for Making Claims of Copyright Infringement. If you believe any Content available through the Site infringes your copyright, you may notify us using the notice procedure for claimed infringement under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. Sect. 512(c)(2)). We respond quickly to the concerns of rights owners about any alleged infringement, and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content.
You may submit written claims of copyright infringement to our Copyright Agent at:
BCD Enterprises Inc.
16053 Aurora Ave N Ste B
Shoreline, WA 98133
phone: (206) 801-7756
e-mail: [email protected]
Written claims of copyright infringement must include the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
13. COVID-19 Guidance and Protocols. Given the increasing COVID-19 cases in our region, we will take all necessary precautions to protect you and our employees at all times. We follow the current federal, state, and local guidance regarding the COVID-19 pandemic and, as a result, the below guidelines may change over time.
13.1 Face Masks or Cloth Facial Coverings Required. Everyone is required to wear a face mask or cloth facial covering at all times while inside our Stores, including guests, employees, and all other people. There are no exceptions. If you are unable to wear a face mask or cloth facial covering due to a disability or medical condition, please contact us to discuss an alternative arrangement. We are happy to provide accommodations such as: (1) a designated representative may pick up on your behalf (while wearing a face mask or cloth facial covering); or (2) we will meet you outside to provide you with your order. However, if you attempt to enter our Store without a face mask or cloth facial covering, you will be asked to leave immediately.
13.2. Social Distancing Required. You must practice “social distancing” at all times to enter our Stores, in order to reduce the risks of exposure to COVID-19. Social distancing means you must maintain a safe distance between you and other people not from your household, and requires that you maintain a minimum of six feet from other people not from your household in both indoor and outdoor spaces.
13.3 Additional Criteria and Guidance. BCD has put in place preventative measures to reduce the spread of COVID-19; however, we cannot guarantee that you will not become infected with COVID-19 through contact with us or others in our Stores. You may not enter any Store if any of the following applies to you; and by entering a Store, you certify that you do not fall into any of the following categories:
- You currently or within the past fourteen (14) days have experienced any symptoms associated with COVID-19, which include fever, cough, and shortness of breath among others;
- You have traveled at any point in the past fourteen (14) days either internationally or interstate; or
- You believe that you may have been exposed to a someone with a confirmed or suspected case of COVID-19; or you have been diagnosed with COVID-19 and are not yet cleared as non-contagious by state or local public health authorities or the health care team responsible for your treatment.
14. RELEASE AND WAIVER. YOU HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE BCD AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES (THE “RELEASED PARTIES”), FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES CAUSED BY THE NEGLIGENCE, FAULT OR CONDUCT OF ANY KIND ON THE PART OF THE RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO DEATH, BODILY INJURY, ILLNESS, ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, WHICH YOU, YOUR HEIRS, ASSIGNEES, NEXT OF KIN AND/OR LEGALLY APPOINTED OR DESIGNATED REPRESENTATIVES, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON YOUR BEHALF, WHICH ARISE OR MAY HEREAFTER ARISE FROM YOUR ENTRY INTO ANY BCD STORE.