Bighorn Weed Co. Terms of Service

Last Updated: July 19, 2023

Effective Date: December 24, 2022

INTRODUCTION

Welcome to bighornweed.com, a technology platform connecting licensed cannabis producers (“Farm Partners”) with verified consumers (“Consumers”). This Terms of Service Agreement (“Agreement”) describes the terms and conditions that govern your use of bighornweed.com and its associated services, and constitutes a legal, binding agreement between you, Bighorn Ventures LLC, and its subsidiaries and affiliates (collectively, “Bighorn Weed Co.” or “BWC”).

THE DISPUTE RESOLUTION SECTION OF THIS AGREEMENT CONTAINS A MUTUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRES YOU AND BWC TO RESOLVE DISPUTES WITH EACH OTHER ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION OF THIS AGREEMENT CAREFULLY. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

Acceptance Of This Agreement

By using or accessing bighornweed.com, you hereby expressly acknowledge and agree to be bound by all of the terms and conditions of this Agreement. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use bighornweed.com.

In addition to reviewing this Agreement, please review the BWC Privacy Policy (“Privacy Policy”), the BWC Online Payment Terms, (collectively, the “BWC Terms”) each of which are incorporated by reference herein. If you do not agree to abide by the BWC Terms, you automatically opt out of and are prohibited from using bighornweed.com. If you violate the provisions of the BWC Terms, BWC may, in its sole discretion, suspend, discontinue, or change your account or any aspect of your access to or use of bighornweed.com in whole or in part. By continuing to use bighornweed.com, you agree to the BWC Terms and any future amendments and additions to the BWC Terms as published from time to time on bighornweed.com.

Amendments To This Agreement

BWC may, in its sole discretion, modify or update this Agreement, or any policies relating to bighornweed.com, from time to time. Please review this page periodically to ensure you are up-to-date with any changes. Any changes to this Agreement or associated policies will be published via bighornweed.com, and are effective upon the publishing of said modification or update. If we make material changes to this Agreement, we will notify you via the email address associated with your Account or by posting a notice on bighornweed.com. Continued use of bighornweed.com after any such changes shall constitute your acceptance of such changes.

Terminology

For the purposes of this Agreement, the terms “cannabis” and “marijuana” are interchangeable, will be deemed under this Agreement to have the same legal meaning and significance, and do not encompass industrial hemp and products derived therefrom. “Industrial hemp” is defined by the Agriculture Improvement Act of 2018 as any part of the Cannabis sativa L. plant that contains less than 0.3 percent delta-9 tetrahydrocannabinol on a dry weight basis.

Bighornweed.com

You may access services BWC provides through the BWC website located at bighornweed.com. Use of bighornweed.com may include ordering and receiving medical or adult-use cannabis and cannabis accessories via delivery from BWC, a licensed cannabis retailer and courier in the state of New Mexico (“Delivery Services”).

DISCLAIMERS & ACKNOWLEDGMENTS

Acknowledgment of Federal Law

BWC operates under the laws of the state of New Mexico. You expressly acknowledge and understand that marijuana (cannabis) is listed on Schedule I of the United States Controlled Substances Act. Under the federal laws of the United States of America, manufacturing, distributing, dispensing or possession of marijuana is illegal, and individuals are subject to arrest and/or prosecution for doing so. Pursuant to the Agricultural Improvement Act of 2018, industrial hemp is not listed on Schedule 1 of the Controlled Substances Act. You further acknowledge that medical use is not recognized as a valid defense under federal laws regarding marijuana. You also acknowledge and understand that the interstate transportation of marijuana is a federal offense.

Acknowledgment of State Law

You expressly acknowledge, agree, and understand that the use, possession, cultivation, manufacturing, transportation, and distribution of cannabis is legal in the state of New Mexico.

Acknowledgment of the Laws of Your Location

While bighornweed.com may be accessed from various locations, the Service is currently available only to Customers located in certain areas determined at the sole discretion of BWC (“Service Area”). In all scenarios, you must abide by and follow the applicable laws of the state, city, county, municipality, or jurisdiction in which you are located in order to use bighornweed.com. You expressly acknowledge, agree, understand, and assume full responsibility for cooperating with the laws of your place of location while using bighornweed.com. BWC reserves the right to determine or change its Service Area in its sole discretion at any time.

Health Information

You expressly acknowledge, agree, and understand that any statements relating to cannabis goods, accessories or any other products available on bighornweed.com (“Products”) have not been evaluated by the FDA. Neither the Products nor the ingredients in any of the Products have been approved or endorsed by the FDA or any regulatory agency. The Products available on bighornweed.com are not intended to diagnose, treat, cure, mitigate, or prevent any medical condition, illness, or disease in humans or animals. The information provided is designed for educational purposes only and is not intended to be a substitute for informed medical advice or care. If you are pregnant, nursing, taking medication, or have a medical condition, we suggest consulting with a physician before using any Products.

USING BIGHORNWEED.COM

Your User Account

In order to use most aspects of bighornweed.com, Consumers must register for and maintain an active personal User account (“Account”). Account registration requires you to submit to BWC certain information related to you that BWC collects from you, through your use of bighornweed.com, and from third parties as detailed in the Privacy Policy (“User Data”). To register an Account, you may be required to submit User Data, including personally identifiable information (“PII”) such as your name, phone number, email address, date of birth, or government-issued ID (i.e. driver’s license, state ID card, or passport). You grant BWC permission to collect and maintain your User Data, and to disclose the User Data you provide to third parties for verification purposes and to facilitate your use of bighornweed.com as detailed in the Privacy Policy or any “just-in-time” disclosures describing our data collection, use, and sharing practices of specific parts of bighornweed.com. A “just-in-time” notice may provide more information about our privacy practices, or provide you with additional choices about how we process your PII and/or User Data.

You agree to maintain accurate, complete, and up-to-date information in your Account and that we and others may rely on your information as accurate, current and complete. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired identification on file, may result in your inability to access or use the Service.

You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by BWC in writing, you may only possess one Account.

Your participation in using bighornweed.com is for your sole, personal use. You agree that you are the sole authorized user of your Account, and you may not assign or otherwise transfer your Account to any other person or entity. Any attempt by another individual to use your Account may result in your inability to use the Service, and/or suspension from bighornweed.com. You are responsible for the use of your Account and BWC expressly disclaims any liability arising from the unauthorized use of your Account. If you suspect unauthorized access of your Account or any other breach of security, you agree to notify us immediately.

BWC reserves the right, in its sole discretion, to set the requirements for, or to suspend, disable, deny access to, or disallow the registration of your Account for any reason. If you believe your inability to access your Account or bighornweed.com has been made in error, please contact shop@bighornweed.com. You acknowledge and agree that BWC shall not be liable to you or any third party for any termination of your access to bighornweed.com. The terms and conditions of this Agreement and the BWC Terms shall survive and endure beyond any termination, deletion, or suspension of your Account, or if you cease using bighornweed.com.

If you wish to terminate, delete, suspend, or otherwise disable your Account or use of bighornweed.com, please contact shop@bighornweed.com. By registering for an Account, you acknowledge and agree that BWC must maintain certain User Data, including PII, for business, legal and/or operational purposes, including to prevent account abuse, or as otherwise permitted under applicable law. Any remaining PII not necessary for this task will be deleted from your Account in a reasonable amount of time following the request. For further information on our privacy practices and how we handle your User Data, please review the Privacy Policy.

Age Restrictions

You must be at least 18 years old to use bighornweed.com, and must be at least 21 years old to use bighornweed.com to order, receive, or facilitate delivery of adult-use cannabis. By using bighornweed.com you expressly represent and warrant that you are at least 18 years old, are legally entitled to enter into this Agreement, and have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. Users over the age of 18 but under 21 may, in certain circumstances determined by BWC, be permitted to order medical cannabis with a valid doctor’s recommendation pursuant to the laws of your jurisdiction. You acknowledge that BWC reserves the right to determine a minimum age for any User or Service Area in its sole discretion (“Qualifying Age”). You agree that if you are not of Qualifying Age while located in any Service Area, you are prohibited from using, and will not attempt to use, the Service.

BWC Communications

By entering into this Agreement or using bighornweed.com, you expressly consent and agree to accept and receive communications from BWC and/or Drivers that you transact with, including via email, text message, calls, and push notifications to the cellular telephone number you provided to BWC.

By consenting to being contacted, you understand and agree that you may receive communications (including those generated by automatic telephone dialing systems and/or which will deliver pre recorded messages) sent by or on behalf of BWC including but not limited to: operational or transactional communications concerning your Account or use of bighornweed.com; updates concerning new or existing features of bighornweed.com; communications concerning Promotions (defined below) run by BWC; and news or industry developments concerning BWC. Standard text messaging charges applied by your cell phone carrier will apply to text messages you receive.

IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, UNSUBSCRIBE FROM BWC’S PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF, INCLUDING CLICKING THE UNSUBSCRIBE LINK PROVIDED AT THE BOTTOM OF THE EMAIL. IF YOU WISH TO OPT OUT OF PUSH NOTIFICATIONS YOU MAY DO SO THROUGH YOUR DEVICE SETTINGS. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES TO THE PHONE NUMBER YOU RECEIVED THE MESSAGE FROM.

YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING BIGHORNWEED.COM. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM BWC (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), PLEASE CONTACT CUSTOMER SUPPORT BY SENDING AN EMAIL TO SHOP@BIGHORNWEED.COM. HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF BIGHORNWEED.COM.

Electronic Records & Signatures

You agree that your electronic signature on bighornweed.com is the legal equivalent of your manual or paper signature. You consent to receive any communications, records, receipts, notices, agreements, documents, and disclosures provided by BWC regarding your Account and bighornweed.com electronically (collectively, “Electronic Communications”). We may provide these Electronic Communications to you via bighornweed.com, email, text message, push notification, chat, customer support, or other electronic communications.

In order to access and retain Electronic Communications, you will need at least the following computer hardware and software:

  • A device with an Internet connection

  • A current web browser with cookies enabled

  • A valid email address

  • Storage space to save past Electronic Communications on your device or an installed printer to print Electronic Communications

In order for us to send you Electronic Communications, you must ensure your contact information and email address is true, accurate and complete at all times. You acknowledge and agree BWC will be deemed to have provided Electronic Communications to you even if your contact information on file is incorrect, out of date, blocked by your service provider, or you are otherwise are unable to receive Electronic Communications. You can update your contact information at any time by logging into your Account and updating your profile settings, or by contacting shop@bighornweed.com.

You can withdraw your consent to receive Electronic Communications at any time by sending us an email with the subject line “Withdrawing E-Sign Consent” to shop@bighornweed.com. However, if you withdraw your consent to receive Electronic Communications, BWC reserves the right to immediately close your Account as we may be unable to properly facilitate your legal use of bighornweed.com.

Charges, Billing, & Refunds

You understand and acknowledge that you may incur fees or charges from BWC connection with the goods and services purchased or facilitated through bighornweed.com (“Charges”). All Charges will be identified in your cart prior to or during checkout, and in your receipt. Such Charges may include some combination of the following:

  • Retail Price. The “Retail Price” of goods and accessories are displayed with that item on bighornweed.com. The displayed Retail Price may include discounts, promotions, and price reductions at the sole discretion of BWC. At checkout, the combined Retail Price of goods and accessories is the subtotal of an order as shown in your cart.

  • State Taxes. BWC charges applicable “State Taxes,” such as cannabis excise taxes, on sales of goods and accessories, pursuant to state laws and regulations.

  • Sales Tax. BWC charges applicable “Sales Tax” or “Gross Receipts Tax” on all sales of goods and accessories. Sales tax may be based on the city, county, municipality, or other jurisdictional location of your delivery address, pursuant to applicable laws and regulations.

  • Other Taxes. You may be charged additional taxes based on applicable laws and regulations. Such taxes may vary depending on the laws and regulations in place at the time of your purchase.

  • Delivery Fee. You may be charged a “Delivery Fee” for each order you place.

  • Tips. You may elect to “Tip” your Driver in cash or through bighornweed.com where available.

  • Other Fees. Additional fees and charges may apply to your orders as determined by BWC The description of any such fees will be available at checkout. Your bank may also charge additional fees.

BWC may change any Charges at its sole discretion and reserves the right to determine final prevailing pricing. Please note that pricing information published on bighornweed.com may not accurately reflect pricing. BWC may, at its sole discretion, make promotional offers with differing features and/or Charges to any individual or Customer. Such offers, unless made to you, have no bearing whatsoever on your use of bighornweed.com.

You may receive Promotions (defined below) or Referral Codes (defined below) that you can apply toward payment of certain Charges. Promotions or Referral Codes are only valid for use on bighornweed.com, and are not transferable or redeemable for cash except as required by law. Additional restrictions on Promotions or Referral Codes may apply as communicated to you in a relevant promotion.

All Charges are due immediately and are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of bighornweed.com, BWC’s decision to terminate your usage, any disruption to bighornweed.com, or any other reason whatsoever. If you are dissatisfied with any of the Products you receive, please contact shop@bighornweed.com.

A third-party payment processor (“Payment Vendor”) may bill your purchase of Products purchased through bighornweed.com. Payment Vendor services may require you to visit, enter information into, or create an account with the Payment Vendor’s application, website, or platform, separate and distinct from bighornweed.com. By entering your payment, banking, or other billing information, you authorize BWC to send that information to or through the applicable Payment Vendor to charge your form of payment. The processing of payments, authorizations, holds, credits, and refunds will be subject to the terms and conditions and privacy policy of the Payment Vendor. 

Product Descriptions

BWC attempts to be as accurate as possible in Product descriptions or images for Products available through bighornweed.com. BWC does not warrant that Product descriptions, images, or other Content (defined below) available on bighornweed.com is accurate, complete, reliable, current, or error-free.

You acknowledge and agree that Amounts (defined below) in Product descriptions on bighornweed.com are averages or estimates, and that Amounts may vary for individual items, packages, or orders that you receive. Amounts on bighornweed.com include without limitation the level (by weight, mass, volume, or percentage) of THC, CBD, other cannabinoids, and terpenes in a Product, the total weight, mass, or volume of a Product, the size, number of individual items, or servings, in a Product, and any other unit of measurement related to a Product.

Promotions

BWC may, in its sole discretion, make available certain promotions or offers, which may at times be redeemed by entering promotional codes, that may confer discounts, price reductions, features, benefits, related to the Service, subject to any additional terms that BWC establishes (“Promotions”). Each Promotion is a limited time offer and is valid only for the time specified therein. Unless otherwise specified on the Promotion itself, you may only use one Promotion per Account, per day.

Each Promotion (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, resold or transferred in any manner, made available to the general public (whether posted to a public form or otherwise) or combined with any other offers unless otherwise permitted by BWC; (iii) may only apply to qualifying items and may require a minimum dollar order purchase; (iv) may be modified, disabled, or withdrawn by BWC at any time for any reason or no reason without liability to BWC; (v) is not valid for cash or credit, has no monetary value, and cannot be applied after an order is submitted; (vi) may expire prior to your use; and (vii) is void where prohibited by law. If you violate any of the Promotion terms, the Promotion will be invalid.

BWC, at its sole discretion, reserves the right to issue Promotions with different features, discounts, offers, or deals to any Users or groups of Users determined solely by BWC. These Promotions, unless made to you, shall have no bearing whatsoever on your use of BWC, or any Promotions offered to you.

Unless otherwise indicated by BWC, Promotions do not apply to taxes, fees, or any Charges other than Retail Price. Taxes and fees may apply to the full value of Products subsequently reduced in price by a Promotion.

Referral Codes

BWC may, in its sole discretion, create referral links or codes (“Referral Codes”) that may be redeemed for discounts on future Services, or other features or benefits related to the Service, subject to any additional terms that BWC establishes. You agree that Referral Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, resold, or transferred in any manner, made available to the general public (whether posted to a public form or otherwise) or combined with any other referral codes, promotional codes or other promotions, discounts, coupons, or any other BWC offers, unless in each case expressly permitted by BWC; (iii) may be disabled or withdrawn by BWC at any time for any reason or no reason without liability to BWC; (iv) may only be used pursuant to the specific terms set forth in the Program Rules; (v) are not valid for cash or credit; and (vi) may expire prior to your use. BWC reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Referral Codes by you or any other User in BWC’s sole discretion, including, without limitation, in the event that BWC determines or believes that the use of the referral system or use or redemption of the Referral Code was in error, fraudulent, illegal, or otherwise in violation of the Program Rules. The Program Rules are incorporated herein by reference. Please refer to them for the full terms and conditions applicable to your use of Referral Codes.

Mobile Data Fees & Usage

BWC is not responsible for any fees or usage charges related to your access of bighornweed.com. Your mobile network’s data and messaging rates and fees may apply if you access or use bighornweed.com from a device. You are solely responsible for acquiring and updating compatible hardware or devices necessary to access and use bighornweed.com and any updates thereto. BWC does not guarantee that bighornweed.com, or any portion thereof, will function on any particular network, hardware, or devices.

Mobile Terms of Service

Bighorn Weed Co.

Last updated: July 19, 2023

The Bighorn Weed Co. mobile message service (the "Service") is operated by Bighorn Weed Co. (“Bighorn Weed Co.”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Bighorn Weed Co.’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Bighorn Weed Co. through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Bighorn Weed Co.. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18666681038 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Bighorn Weed Co. mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18666681038 or email shop@bighornweed.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

PRIVACY & CONFIDENTIALITY

Confidential Information

You agree not to use, disclose, or permit disclosure of, for any purpose other than as stated in this Agreement, (i) any technical, financial, strategic, and other proprietary and confidential information or data relating to BWC’s business, operations, and properties; (ii)  the User Data, PII, or any other information or data related to any other User; (iv) any non-public information of BWC or any User that such party designates as being proprietary or confidential, or of which the other party should reasonably know that it should be treated as confidential (collectively, “Confidential Information”).

You agree that all Confidential Information shall remain the exclusive property of the disclosing party. You agree not to disclose or permit disclosure of any Confidential Information to third parties for any purpose except as permitted under the BWC Terms, to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information, to prevent Confidential Information from falling into the public domain, and to return or destroy all Confidential Information of the disclosing party upon termination of this Agreement or at the request of the disclosing party subject to applicable law. In the event Confidential Information is required to be disclosed pursuant to the order or requirement of a court administrative agency, or other governmental body, you agree to provide prompt notice of such court order or requirement to BWC to enable BWC to seek a protective order or otherwise prevent or restrict such disclosure.

Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it: (i) is or becomes part of the public domain at a time it is intentionally disclosed by BWC or has entered the public domain through no act or omission on the part of the receiving party; (ii) was possessed by the receiving party prior to the date of this Agreement without an obligation of confidentiality; (iii) is disclosed to the receiving party by a third party having no obligation of confidentiality with respect thereto; or (iv) is required to be disclosed pursuant to law, court order, subpoena or governmental authority, provided the receiving party notifies the disclosing party thereof and provides the disclosing party a reasonable opportunity to contest or limit such required disclosure.

User Privacy

BWC may collect User Data as detailed in the Privacy Policy. By entering into this Agreement, you affirmatively agree to BWC’s collection, use, and sharing of your information and data as described in the Privacy Policy and any subsequent and future updates thereto. You understand that BWC may retain your User Data for business, legal, regulatory, safety and other purposes after this Agreement is terminated, and agree to BWC’s use of your User Data.

Restricted Activities

With respect to your use of bighornweed.com, you agree you will not:

  • Impersonate any person or entity

  • Stalk, threaten, or otherwise harass any person, or carry any weapons

  • Violate any law, statute, rule, permit, ordinance, or regulation

  • Post, email, upload, deploy, send, or otherwise make available (“Transmit”) any text, graphics, images, music, software, audio, video, code, files, programs, information or other materials (“Content”) that is unlawful, harmful, threatening, abusive, harassing, hateful, violent, pornographic, defamatory, libelous, invasive of another’s privacy, harmful to minors in any way, or otherwise offensive

  • Transmit any Content that advertises any illegal service or the sale of any items which are prohibited by the laws of your state of location, or any other jurisdiction of your location

  • Access bighornweed.com using unauthorized means, unauthorized applications, or an unauthorized device; or Transmit any Content that attempts to gain unauthorized access to BWC’s computer systems, networks, servers, software, hardware, telecommunications equipment, or any other internal or external BWC infrastructure 

  • Interfere with, disrupt, diminish the quality or performance of, or impair the functionality of bighornweed.com or Transmit any Content designed to do the same

  • Surreptitiously intercept or expropriate any system, data, personal information, or any portion of bighornweed.com

  • Use bighornweed.com in any way that infringes BWC’s or a third party’s rights, including intellectual property rights, copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy

  • Modify, adapt, translate, reverse engineer, decipher, decompile, or otherwise disassemble any portion of bighornweed.com 

  • Rent lease, lend, sell, redistribute, license or sublicense bighornweed.com or access to any portion of bighornweed.com

  • Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, crawl, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of bighornweed.com or its contents

  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through bighornweed.com

  • “Frame” or “mirror” any part of bighornweed.com without BWC’s prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose

  • Use bighornweed.com to design or develop a competitive or substantially similar product or service

  • Use bighornweed.com to copy or extract any features, functionality, or Content

  • Link directly or indirectly to any other websites

  • Transfer or sell your Account, password, username, or identification to any other party

  • Discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation

LICENSING AND INTELLECTUAL PROPERTY

Intellectual Property Ownership

BWC (and its licensors where applicable) owns all intellectual property rights in and related to bighornweed.com absolutely and in their entirety. You acknowledge that any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you relating to bighornweed.com are non-confidential and shall become the sole property of BWC. This Agreement is not a sale and does not convey to you any rights of ownership in or related to bighornweed.com, or any intellectual property rights owned by BWC. Any trademarks, logos, service marks, company or product names displayed through bighornweed.com are trademarks of BWC or third parties, and no right or license is granted to use them.

Other than as specifically permitted by BWC, you are not permitted to use or reference in any manner BWC’s, its Farm Partners, or any of their licensors’ company names, logos, product and service names, trademarks, service marks, trade dress, copyrights or other indicia of ownership, alone and in combination with other letters, punctuation, words, symbols and/or designs for any commercial purposes.

You agree that you will not: (i) try to register or otherwise use and/or claim ownership in any of the BWC Marks and Names, alone or in combination with other letters, punctuation, words, symbols and/or designs, or in any confusingly similar mark, name or title, for any goods and services; (ii) take any other action that would jeopardize or impair BWC’s rights as owner of the BWC Marks and Names or the legality and/or enforceability of the BWC Marks and Names, including, challenging or opposing BWC’s ownership in the BWC Marks and Names; or (iii) use the BWC Marks or Names on or in connection with any product, service, or activity that is in violation of any law, statute, government regulation or standard. Violation of this license may result in immediate termination of your license, at the sole discretion of BWC.

DISPUTE RESOLUTION

Agreement to Arbitrate

YOU AND BWC MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY CLAIM OR DISPUTE AGAINST EACH OTHER ON AN INDIVIDUAL BASIS IN ARBITRATION. This will prohibit you from bringing any class, collective, or consolidated action against BWC, and will also prohibit you from participating in or recovering relief under any current or future such actions brought against BWC by someone else. Arbitration is more informal than a lawsuit in court: there is no judge or jury in arbitration; discovery in arbitration may be more limited than discovery in litigation; and court review of an arbitration award is limited. This agreement to arbitrate (“Arbitration Agreement”) also applies to claims between you and BWC’s Third-Party Providers, and such Third-Party Providers will be considered intended third party beneficiaries of this Arbitration Agreement.

You and BWC agree that any dispute, claim, or controversy, whether based on past, present or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof); bighornweed.com; Content currently or previously available on or through bighornweed.com; any Products currently or previously available on bighornweed.com; your relationship with BWC; your User Data; the threatened or actual suspension, deactivation, or termination of your Account or this Agreement; payments made by you or any payments made or allegedly owed to you; any Promotions, referral benefits, or other offers; and any other federal and state statutory and common law claims (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. All disputes concerning the arbitrability of a Dispute (including disputes about the scope, applicability, enforceability, legality, revocability, or validity of the Arbitration Agreement) will be decided by the arbitrator, except as expressly provided herein.

YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU AND BWC ARE EACH WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ANY AND ALL DISPUTES, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT.

Prohibition Of Class Actions And Non-individualized Relief

You acknowledge and agree that you and BWC are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class, collective, or consolidated proceeding. Further, unless both you and BWC otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class, collective, consolidated or representative proceeding.

Arbitration Rules And Governing Law

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 this Agreement. The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879 or any subsequent applicable telephone number. The Federal Arbitration Act (“FAA”) will govern the interpretation and enforcement of this Arbitration Agreement. It is your and BWC’s intent that the FAA and AAA Rules will preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue will be resolved under the laws of the State of New Mexico. This Agreement governs to the extent it conflicts with the AAA Rules or FAA.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The AAA provides a form Demand for Arbitration and a separate form for New Mexico residents at adr.org. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of New Mexico and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location And Procedure

Unless you and BWC otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and BWC submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The prevailing party in arbitration will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.

Fees

Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.

Severability 

If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision will be severed from this Arbitration Agreement, (2) severance of the unenforceable or unlawful provision will have no impact on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis, and (3) to the extent that any Disputes must therefore proceed on a class, collective, consolidated or representative basis, such Disputes must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. In any case in which the Dispute proceeds on a class, collective, consolidated or representative basis and there is also a final judicial determination that this Arbitration Agreement is unenforceable as to a portion (but not all) of such Dispute, then such portion of the Dispute will be severed from any remaining claims and the remainder will be enforced in arbitration on an individual basis as to all other Disputes to the fullest extent possible. Except as otherwise provided herein, this “Arbitration Agreement” section will survive any termination of this Agreement.

Changes

Notwithstanding the provisions of the modification-related provisions above, if BWC changes this Arbitration Agreement after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending us a notice to shop@bighornweed.com with “Legal” in the subject line within 30 days of the date such change became effective, as indicated above or in the date of BWC’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and BWC in accordance with the provisions of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement). If you do not opt out by the deadline, you are agreeing to the arbitration process as set forth in the new Agreement.

MISCELLANEOUS

Indemnification

By entering into this Agreement and using bighornweed.com, you agree to defend, indemnify and hold BWC, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys and agents harmless from and against any and all third-party claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) your violation or breach of any term of this Agreement, or any applicable law or regulation, whether or not referenced herein; (ii) your violation of any rights of any third party, including Users, Retailers, Brands, or other Third-Party Providers; (iii) your use or misuse of bighornweed.com or Products available therein; (iv) if you are a Driver, your actions or omissions arising from the performance of Delivery Services or access or use of the Driver App.

Disclaimer Of Warranties

BWC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF BIGHORNWEED.COM. BWC DOES NOT REPRESENT OR WARRANT THAT: (A) THE USE OF BIGHORNWEED.COM WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) BIGHORNWEED.COM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH bighornweed.com WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN BIGHORNWEED.COM WILL BE CORRECTED, OR (F) BIGHORNWEED.COM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BIGHORNWEED.COM IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY BWC. BWC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF bighornweed.com. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF bighornweed.com, AND ANY THIRD-PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

BY USING bighornweed.com, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE INTRODUCED TO A THIRD PARTY THAT MAY POSE HARM OR RISK TO YOU OR OTHER THIRD PARTIES. YOU ARE ADVISED TO TAKE REASONABLE PRECAUTIONS WITH RESPECT TO INTERACTIONS WITH THIRD PARTIES ENCOUNTERED IN CONNECTION WITH THE USE OF bighornweed.com.

Delays

bighornweed.com may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. BWC does not guarantee the availability or uptime of bighornweed.com. You acknowledge and agree that bighornweed.com may be unavailable at any time and for any reason (e.g., due to scheduled maintenance or network failure). Further, Delivery Services from Retailers may be subject to limitations, delays, and other problems inherent in physical delivery, and neither BWC nor Third-Party Providers are responsible for any delays, delivery failures, or other damages, liabilities, or losses resulting from such problems.

Limitation Of Liability

IN NO EVENT SHALL BWC, INCLUDING ITS LICENSORS, AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “BWC” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU OR ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). BWC SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE, OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, BIGHORNWEED.COM, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE BIGHORNWEED.COM, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER, RETAILER, BRAND, SPONSOR, OR OTHER THIRD-PARTY PROVIDER WHOSE ADVERTISING APPEARS ON BIGHORNWEED.COM OR IS REFERRED THROUGH BIGHORNWEED.COM, EVEN IF BWC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND DAMAGES. ACCORDINGLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Notice

BWC may give notice by means of a general notice on bighornweed.com, email, telephone, text message or by written communication sent by first class mail or pre-paid post to your address on record in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to BWC (such notice shall be deemed given when received by BWC) at any time by sending an email to: shop@bighornweed.com. Please specify the reason for the email in the subject line so it can be forwarded to the proper department.

Assignment

This Agreement may not be assigned by you without the prior written approval of BWC but may be assigned without your consent by BWC to: (i) a parent or subsidiary; (ii) an acquirer of assets; (iii) a successor by merger; or (iv) any third party that assumes BWC’s rights and obligations under this Agreement. Any purported assignment in violation of this section shall be void.

Export Control

You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither bighornweed.com nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using bighornweed.com, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Term For Cause Of Action

You and BWC agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of bighornweed.com or the BWC Terms must be filed within one (1) year after such claim or cause of action arose. Otherwise such claim or cause of action is permanently barred.

GENERAL

No joint venture, partnership, employment, or agency relationship exists between you, BWC, or any third party as a result of this Agreement or use of bighornweed.com. If any provision of the Agreement is held to be invalid or unenforceable, you and BWC agree that such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of BWC to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by BWC in writing.

This Agreement constitutes the entire agreement between you and BWC and governs your use of bighornweed.com, superseding any prior agreements between you and BWC. This Agreement and the relationship between you and BWC shall be governed by the laws of the State of New Mexico without regard to its conflict of law provisions. In the event that either you or BWC commence a court action, any such action shall be brought exclusively in the state or federal courts located in Santa Fe, New Mexico, and you and BWC both submit to personal jurisdiction there. The section titles or headings in this Agreement are for convenience only and have no legal or contractual effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.