Terms of Use

1. Acceptance of Terms

Welcome to Elysium Herbals ("Company," "we," "our," or "us"). By accessing or using our website, mobile application, or cannabis delivery services (collectively, the "Services"), you agree to be bound by these Terms of Use ("Terms"). These Terms constitute a legally binding agreement between you and Elysium Herbals.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE OUR SERVICES.

2. Age Requirement and Eligibility

2.1 Minimum Age

You must be at least 21 years of age to access or use our Services. By using our Services, you represent and warrant that you are 21 years of age or older.

2.2 Verification

We reserve the right to verify your age and identity at any time. You agree to provide valid, government-issued identification upon request. Failure to provide verification may result in suspension or termination of your account and cancellation of orders.

2.3 Geographic Restrictions

Our Services are only available in jurisdictions where cannabis possession, sale, and delivery are legal. You represent that you are located in a jurisdiction where cannabis is legal for medical or recreational use. We reserve the right to refuse service to any location where cannabis is not legal.

3. Account Registration

3.1 Account Creation

To use our Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Not sharing your account with others

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms, fraudulent activity, or any other reason we deem appropriate. You may close your account at any time by contacting customer service.

4. Orders and Purchases

4.1 Product Availability

All products are subject to availability. We reserve the right to limit quantities, discontinue products, or refuse orders at our discretion. Prices are subject to change without notice.

4.2 Order Acceptance

Your order constitutes an offer to purchase. We reserve the right to accept or reject your order for any reason, including but not limited to:

• Product availability
• Errors in product or pricing information
• Delivery location restrictions
• Failure to verify age or identity
• Suspected fraudulent activity
• Violation of purchase limits imposed by law

4.3 Payment

Payment is due at the time of order. We accept credit cards, debit cards, and other payment methods as indicated. You authorize us to charge your payment method for all purchases. All sales are final unless otherwise stated in our Refund Policy.

4.4 Delivery

Delivery times are estimates and not guaranteed. You must be present to receive delivery and provide valid identification. We reserve the right to refuse delivery if:

• The recipient appears intoxicated or impaired
• Valid identification cannot be provided
• The delivery address is not as specified in the order
• We suspect the order is not for the account holder's personal use

5. Product Information and Medical Disclaimer

5.1 Product Descriptions

We strive to provide accurate product descriptions, including THC/CBD content, strain information, and effects. However, individual experiences may vary. Product information is for informational purposes only.

5.2 Medical Disclaimer

5.3 Health Warnings

• Cannabis use may impair your ability to drive or operate machinery
• Cannabis should not be used by pregnant or breastfeeding women
• Cannabis may have adverse effects when combined with alcohol or other drugs
• Keep all cannabis products away from children and pets
• Start with low doses and wait for effects before consuming more

6. Prohibited Uses

You agree NOT to use our Services for any of the following purposes:

• Purchasing cannabis for anyone under 21 years of age
• Reselling or distributing cannabis products
• Transporting cannabis across state lines
• Using cannabis in violation of state or local laws
• Providing false information during registration or purchase
• Attempting to circumvent age verification systems
• Using our Services for any illegal purpose
• Interfering with the security or proper functioning of our Services
• Attempting to access accounts or data belonging to others
• Uploading viruses, malware, or other harmful code

7. Intellectual Property Rights

7.1 Ownership

All content on our Services, including but not limited to text, graphics, logos, images, videos, software, and compilation thereof (collectively, "Content"), is the property of Elysium Herbals or its licensors and is protected by copyright, trademark, and other intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal, non-commercial purposes. You may not:

• Copy, modify, or create derivative works of our Content
• Distribute, transmit, or publicly display our Content
• Use our Content for commercial purposes without written permission
• Remove copyright or proprietary notices from our Content
• Reverse engineer or decompile any software

8. User-Generated Content

If you submit reviews, comments, or other content ("User Content"), you grant us a worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, and display such User Content. You represent that:

• You own or have the right to submit the User Content
• The User Content does not violate any third-party rights
• The User Content does not contain defamatory, obscene, or illegal material

We reserve the right to remove any User Content at our discretion.

9. Disclaimers and Limitation of Liability

9.1 Service "As Is"

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

9.2 Limitation of Liability

To the maximum extent permitted by law, Elysium Herbals shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising from your use of our services.

9.3 Maximum Liability

Our total liability to you for any claims arising from these Terms or your use of our Services shall not exceed the amount you paid us in the six (6) months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless Elysium Herbals, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising from:

• Your violation of these Terms
• Your use of our Services
• Your violation of any law or third-party rights
• Any User Content you submit
• Your misuse of cannabis products purchased through our Services

11. Compliance with Cannabis Laws

Cannabis remains illegal under federal law. Our Services are provided in compliance with applicable state and local cannabis laws. By using our Services, you acknowledge and agree that:

• You will only use cannabis in compliance with state and local laws
• You will not transport cannabis across state or international borders
• You understand the legal risks associated with cannabis use
• We are not responsible for any legal consequences you face
• You will comply with all purchase limits imposed by law
• You will not use cannabis on federal property

12. Dispute Resolution and Arbitration

12.1 Informal Resolution

Before filing a claim, you agree to contact us at [email protected] to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 60 days.

12.2 Binding Arbitration

If informal resolution fails, any dispute arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration shall take place in Los Angeles, California.

12.3 Class Action Waiver

You agree to bring claims only in your individual capacity and not as a plaintiff or class member in any class action or representative proceeding.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal action arising from these Terms must be brought in the state or federal courts located in Los Angeles County, California.

14. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website with a new "Last Updated" date. Your continued use of our Services after changes are posted constitutes acceptance of the modified Terms. We encourage you to review these Terms periodically.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be replaced with a valid provision that most closely reflects the intent of the original provision.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on our Services, constitute the entire agreement between you and Elysium Herbals regarding your use of our Services.

17. Contact Information

For questions about these Terms, please contact us: