Terms of Service
Effective 10/1/23
This constitutes a binding agreement (“Terms,” “Terms of Use,” or “Agreement”) between you and High Caliber Direct, a Corporation, doing business as “Green Scorpion” (“Green Scorpion,” “us,” “we,” or the “Company”).
These Terms apply to all services provided by Green Scorpion (“Services”) where information is collected from or about you, or where data from or about you is used. Services include retail sales and age verification at stores owned by Green Scorpion (“Stores”), as well as physical delivery of products to you (“Delivery Service”). Services also include digital services provided through the Internet website located at www.GreenScorpionOrganics.com (the “Website” or “Site”), applications or software provided online or in conjunction with the Website, and electronic communications sent to you by Green Scorpion, its partners, or affiliates (collectively, “Digital Services”).
By using Green Scorpion Services, you signify that you have read, understood, and agree to be bound by this Agreement, whether or not you are a registered user of our Services. If you do not agree, do not use Green Scorpion’s Services, including its Website.
PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE COMPANY’S SERVICES, INCLUDING ITS WEBSITE, TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.
This Agreement is published on Green Scorpion’s Website at www.GreenScorpionOrganics.com. To access it, visit the Website, and click on the “Terms of Use” hyperlink, or visit: [Your Website URL for Terms of Use]
By using Green Scorpion’s Services or by accessing the Website, you acknowledge that you have read these terms of use, and Green Scorpion’s Privacy Policy included here by reference, and agree to be bound by them.
Privacy Policy
High Caliber Direct respects your privacy and permits you to control the treatment of your personal information. A complete statement of High Caliber Direct’s current Privacy Policy can be found on the Website by visiting www.GreenScorpionOrganics.com and then clicking on the Privacy Policy hyperlink or by visiting https://www.greenscorpionorganics.com/privacy-policy
By using High Caliber Directs’ Services, including the Website, you agree to be bound by High Caliber Directs’ Privacy Policy that is expressly incorporated into this Agreement by this reference.
Changes to Terms of Use
High Caliber Direct may modify these Terms of Use from time to time in its sole and absolute discretion and without the duty to notify you of such modification. If we do this, we will post the amended Terms on this Website page and indicate at the top of the page the date the Agreement was last revised. Your continued use of our Services after any such changes constitutes your acceptance of the new Terms of Use. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, do not use or access (or continue to use or access) the Services.
No Use of the Services by Persons Under 18 Permitted
Our Services are intended for a mature audience. High Caliber Direct intends only persons who are 18 years or older to use the Services, including the Website. You agree that by using the Services, you represent that you are at least 18 years old and that you are legally able to enter into this Agreement.
Legal Disclaimers
By using High Caliber Directs’ Services, including the Website, you agree to be bound by the Company’s Legal Disclaimers published on the Website that are expressly incorporated into this Agreement by this reference. To access the Legal Disclaimers, visit the Website at www.GreenScorpionOrganics.com and then click on the Legal Disclaimers hyperlink or by visiting: https://www.greenscorpionorganics.com/legal-disclaimer
Please make sure to replace “[Your Website URL for Privacy Policy]” and “[Your Website URL for Legal Disclaimers]” with the actual URLs of your Privacy Policy and Legal Disclaimers pages on your website. As with any legal document, it’s essential to review the text to ensure it accurately reflects your company’s policies and practices and complies with relevant laws.
Account Information
You must create an account and provide certain information about yourself (“Register,” “Sign-up”) to access some of the features offered through our Services at High Caliber Direct. You can create an account for some of our Services on our Website, or by visiting a High Caliber Direct retail store. Some Services may also be accessible through social login options from your authorized social networking service account (e.g., Facebook, Google, Instagram, or similar “social networking” services, each referred to as an “SNS”). If you choose to access the Services via your SNS credentials, you must have a valid account with the SNS that you can use to complete registration on our Services. Your registration account provides access to the Services and the functionality we may establish and maintain from time to time, at our sole discretion. You can manage your Account Profile through your account settings.
When you sign up to register, you must complete the process by providing the complete and accurate information requested on the registration forms. You may also be asked to provide your email address and/or phone number, and choose a username and password. Registration accounts are limited to one account per person. You may not create or use an account on behalf of anyone other than yourself, use an email address other than your own, or create multiple accounts. Additionally, you may not impersonate someone else.
You are entirely responsible for maintaining the confidentiality of your password. You must not use the account, username, password, or personal information of another person at any time. You agree to notify High Caliber Direct immediately of any unauthorized use of your account, username, or password. You are solely responsible for any and all use of your account, as well as the activity that occurs on your account.
High Caliber Direct shall not be liable for any loss you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by High Caliber Direct, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
Account Information
You must create an account and provide certain information about yourself (“Register,” “Sign-up”) to access some of the features offered through our Services at High Caliber Direct. You can create an account for some of our Services on our Website, or by visiting a High Caliber Direct retail store. Some Services may also be accessible through social login options from your authorized social networking service account (e.g., Facebook, Google, Instagram, or similar “social networking” services, each referred to as an “SNS”). If you choose to access the Services via your SNS credentials, you must have a valid account with the SNS that you can use to complete registration on our Services. Your registration account provides access to the Services and the functionality we may establish and maintain from time to time, at our sole discretion. You can manage your Account Profile through your account settings.
When you sign up to register, you must complete the process by providing the complete and accurate information requested on the registration forms. You may also be asked to provide your email address and/or phone number, and choose a username and password. Registration accounts are limited to one account per person. You may not create or use an account on behalf of anyone other than yourself, use an email address other than your own, or create multiple accounts. Additionally, you may not impersonate someone else.
You are entirely responsible for maintaining the confidentiality of your password. You must not use the account, username, password, or personal information of another person at any time. You agree to notify High Caliber Direct immediately of any unauthorized use of your account, username, or password. You are solely responsible for any and all use of your account, as well as the activity that occurs on your account.
High Caliber Direct shall not be liable for any loss you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by High Caliber Direct, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
Email Communications
By providing your email address to High Caliber Direct or Green Scorpion via the Internet or in person, you are consenting to receive marketing communications from High Caliber Direct or Green Scorpion until you opt out. You can opt out of marketing communications at any time by sending your request to customersupport@greenscorpionca.com in accordance with the rules published in High Caliber Directs’ Privacy Policy.
Please be aware that opting out of marketing communications may prevent you from receiving email messages regarding updates, improvements, or special offers.
Additionally, if you provide your email address to High Caliber Direct or Green Scorpion, you consent to receive service messages (“Service Messages”) from High Caliber Direct or Green Scorpion. These Service Messages include notices about our communications, your inquiries to us, your transactions, and other legally required notices, which may be provided via email in lieu of postal mail. Please note that you may not opt out of Service Messages, as High Caliber Direct or Green Scorpion may be legally obligated to inform you of important matters.
Mobile Device Use
By providing your email address or phone number to High Caliber Direct or Green Scorpion via the Internet or in person, you are consenting to receive marketing communications from High Caliber Direct or Green Scorpion on your phone or other mobile device via email or SMS text messages until you opt out. Communications may be sent to your email address, to the mobile number associated with your mobile device, or both.
You can opt out of marketing communications at any time by sending your request to customersupport@greenscorpionca.com in accordance with the rules published in High Caliber Directs’ Privacy Policy, or by clicking the “Unsubscribe,” “Opt Out,” “Cancel,” or “Stop” links in promotional communications you receive, if such links are present.
In the event you elect to opt-out of communications to your mobile device, you may receive an additional message from the Service confirming your election.
High Caliber Direct or Green Scorpion does not warrant that the text messaging service controlling messages to your mobile device will be uninterrupted or error-free.
You are responsible for paying mobile network carrier fees, taxes, and other charges related to the receipt of email and SMS text messages from High Caliber Direct or Green Scorpion to your mobile device.
Though you may access the Service via a mobile device, High Caliber Direct or Green Scorpion shall not be liable for any delay in performing or failure to perform any obligation hereunder by circumstances beyond our reasonable control, including (without limitation) any technical problems beyond the control of High Caliber Direct or Green Scorpion such as defects, congestion, or failures of capacity or otherwise in the public data or telephone or mobile carrier network or caused by atmospheric interference, your mobile device being turned off for an extended period of time so that messages are not retained, or your being unable to obtain mobile network coverage.
Product Purchases, Billing, and Payment
You acknowledge that High Caliber Direct or Green Scorpion may charge a fee for the use of any Services, provided that High Caliber Direct or Green Scorpion notifies you of any such fee before you incur it. Subject to the foregoing, you agree to pay any fees incurred by you, including fees for products or delivery you order via the Services. Fees owed depend on the specific type and quantity of High Caliber Direct or Green Scorpion products, services, information, or deliverables (collectively “Products”) ordered. Payment of fees shall not be contingent on any events other than the receipt of the ordered Products. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by you. If payment is not current, High Caliber Direct or Green Scorpion may immediately cease to provide any and all Services to you.
When ordering Products or using our Services, you must provide accurate and complete information as requested in order for us to process your transaction. It is your responsibility to promptly provide us with any contact or billing information changes or updates (including phone number, email address, physical address, credit card numbers, etc.). Account updates should be made by contacting us at customersupport@greenscorpionca.com
All sales are final, non-cancelable, and non-refundable except as expressly set forth in this Agreement or as otherwise determined by us in our sole discretion.
All prices specified in descriptions of the Services are recommended retail prices. Prices are current at the time of publication and are subject to change without notice. All pricing is in United States dollars.
You are responsible for paying any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with Products you purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and High Caliber Direct or Green Scorpion reserves the right to collect such taxes or other fees from you at any time.
Exchanges and Refunds
All cannabis sales are final. We want you to feel satisfied with every order you place. If for any reason you are not happy with your purchase, please reach out to our Support Team (by using the live chat feature located at the bottom right side of your screen) and we will do our best to make it right. In most cases, we can offer store credit or replacement for a new faulty item. We’re unable to accept exchanges based on characteristics such as the look, feel, taste, smell, or general performance of the product; however, we take into consideration exchange requests when hardware, such as a pod, battery, or cartridge, is damaged or defective. Exchanges are not guaranteed and remain at the full discretion of High Caliber Direct or Green Scorpion. We do not offer refunds.
User Content
If you send or post information (“User Content”) to High Caliber Direct or Green Scorpion or its Services, including photos, messages, or commentary, you grant High Caliber Direct or Green Scorpion a perpetual worldwide license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, sell, transfer, or reformat your User Content without limitation, notice, or compensation to you. High Caliber Direct or Green Scorpion has the right but not the obligation to monitor and edit or remove any activity or User Content in its sole and absolute discretion.
Compliance with Intellectual Property Laws
When accessing the Website or using other High Caliber Direct or Green Scorpion Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of our Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by all laws regarding copyright ownership and the use of intellectual property, and you shall be solely responsible for and indemnify High Caliber Direct or Green Scorpion against any damages resulting from any violations of relevant laws and any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your login information. The burden of proving that any content does not violate any laws or third party rights rests solely with you.
Copyright Infringement
High Caliber Direct or Green Scorpion has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website and its other Services. High Caliber Direct or Green Scorpion has adopted a policy that provides for the immediate suspension and/or termination of any Website or other Services user who is found to have infringed on the rights of High Caliber Direct or Green Scorpion or of a third party or otherwise violated any intellectual property laws or regulations. High Caliber Direct or Green Scorpion’s policy is to investigate any allegations of copyright infringement brought to its attention.
If you have evidence, knowledge, or have a good faith belief that your rights or the rights of a third party have been violated and you want High Caliber Direct or Green Scorpion to delete, edit, or disable the material in question, you must provide High Caliber Direct or Green Scorpion with all of the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit High Caliber Direct or Green Scorpion to locate the material;
(d) information reasonably sufficient to permit High Caliber Direct or Green Scorpion to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
(e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
High Caliber Direct, Inc.
Attn: Website Administrator
16176 Beaver Rd
Adelanto, California 92530
Email: customersupport@greenscorpionca.com
Telephone: (909) 235-7994
Restrictions
You agree not to use any automated systems, including, without limitation, “robots,” “spiders,” “web crawlers,” “screen scrapers,” “page scrapers,” “offline readers,” “bot,” or “Denial of Service” (DoS) traffic generators, or similar tools that access the Website or other Digital Services in a manner that sends more request messages to our network than a human can reasonably produce in the same period of time by using a conventional online web browser.
You will not attempt to gain unauthorized access to any portion or feature of High Caliber Direct or Green Scorpion’s Services, including its Website, or any other databases or systems or networks connected to these services, or to any of the services offered on or through the Website, by hacking, password “mining,” or any other illegitimate means.
Accessing, collecting, and/or harvesting Members’ information stored on the Website or in other Digital Services, including, but not limited to, their personally identifiable information, is prohibited.
You agree not to frame the High Caliber Direct or Green Scorpion Website or other Digital Services in browser frames or otherwise reroute or alter content from High Caliber Direct or Green Scorpion’s Digital Services en route to a visitor’s browser.
You agree not to use any portion of the Services as a source or destination for unsolicited bulk messages or unsolicited commercial messages.
You agree not to impersonate High Caliber Direct or Green Scorpion employees in any electronic message sent to High Caliber Direct or Green Scorpion or its Customers.
Appropriate legal action will be taken for any illegal or unauthorized use of the Services.
Violations
High Caliber Direct or Green Scorpion reserves the right to terminate your use of the Website and/or other Services in its sole and absolute discretion and without notification or compensation to you. To ensure that High Caliber Direct or Green Scorpion provides a high-quality experience for you and for other users of the Services, you agree that High Caliber Direct or Green Scorpion or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Services. High Caliber Direct or Green Scorpion does not intend to disclose the existence or occurrence of such an investigation unless required by law, but High Caliber Direct or Green Scorpion reserves the right to terminate your account or your access to the Services immediately, with or without notice to you, and without liability to you, if High Caliber Direct or Green Scorpion believes that you have violated any of the Terms of Use, furnished High Caliber Direct or Green Scorpion with false or misleading information, or interfered with the use of the Website or other Services.
No Warranties
High Caliber Direct or Green Scorpion hereby disclaims all warranties. High Caliber Direct or Green Scorpion’s Services, including, but not limited to, its Website, in-store services, delivery, and rewards, are provided on an “as is” and “as available” basis. The Services are provided without warranties of any kind. You assume the risk of any and all damage or loss from the use of, or inability to use, the Services, whether they are provided in-person or through the Internet.
To the maximum extent permitted by law, the company expressly disclaims any and all warranties, express or implied, regarding the Services, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or noninfringement. Without limiting the foregoing, High Caliber Direct or Green Scorpion, its Affiliate entities, subsidiaries, and licensors do not warrant that the content within the Services is accurate, reliable, or correct; that the Services will meet your requirements; that the Services will be available at any particular time or location; that the Services will be uninterrupted, secure, or error-free; that any defects in the Services will be corrected; or that the Services are free of viruses or other harmful content. Any content downloaded or otherwise obtained through the use of the Services is downloaded at your own risk, and you will be solely responsible for any damage to your computer system or loss of data that results from such download.
High Caliber Direct or Green Scorpion does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, and the Company will not be a party to or in any way monitor any transaction between you and any third-party providers of products or services.
Limited Liability
High Caliber Direct or Green Scorpion’s liability to you is limited. To the maximum extent permitted by law, in no event shall High Caliber Direct, its Affiliate entities, officers, directors, employers, agents, or licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages of any kind (including, but not limited to, damages for lost profits, goodwill, use, lost data, or other intangible losses) regardless of the foreseeability of those damages, arising out of or in connection with your use of, or inability to use, the Services.
To the maximum extent permitted by applicable law, High Caliber Direct or Green Scorpion assumes no liability or responsibility for any:
(i) errors, mistakes, or inaccuracies of content provided by or in relation to the Services;
(ii) any unauthorized access to or use of our servers and/or any and all personal information stored therein;
(iii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services, including any purchases made therein;
(iv) any interruption or cessation of transmission to or from the Services;
(v) any bugs, viruses, worms, trojan horses, ransomware, malware, or the like that may be transmitted to or through the Services by any third party;
(vi) user content that is defamatory, offensive, infringing, or user conduct that is illegal.
In no event shall High Caliber Direct, its Affiliate entities, officers, directors, employers, agents, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount you paid to High Caliber Direct or Green Scorpion hereunder.
This limitation of liability section shall apply regardless of whether the alleged damages arise out of breach of contract, tort, or any other legal theory or form of action, even if High CaliberDirect or Green Scorpion has been advised of the possibility of such damage.
Affiliated Websites
High Caliber Direct or Green Scorpion has no control over, and no liability for, any third-party websites or materials. High Caliber Direct or Green Scorpion works with a number of partners and affiliates whose Internet sites may be linked with our Digital Services, including our Website. Because neither High Caliber Direct nor our Digital Services have control over the content and performance of these partner and affiliate sites, High Caliber Direct makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and High Caliber Direct assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of our Digital Services, including our Website, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that High Caliber Direct makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third-party content. Your dealings with or participation in promotions of advertisers to which you opt-in and/or find on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that High Caliber Direct shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
Prohibited Uses
High Caliber Direct imposes certain restrictions on your permissible use of the Services, including the Website. You are prohibited from violating or attempting to violate any security features of the Services, including, without limitation:
(a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
(b) attempting to probe, scan, test, or exploit vulnerabilities of the Services, including the Website, or any associated system or network, or to breach security or authentication measures without proper written authorization from the head of High Caliber Directs’ Information Security department;
(c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus or other malware to the Services, or overloading, flooding, spamming, mail bombing, crashing, or denying service to the Services;
(d) using the Services to send unsolicited e-mail or text messages, including, without limitation, promotions, or advertisements for products or services;
(e) forging any TCP/IP packet header, email header, mobile device identifier, or any part of the header information in any e-mail or text message or in any posting using the Services; or
(f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by High Caliber Direct in providing its Services. Any violation of system or network security may subject you to civil and/or criminal liability.
Indemnity
You agree to indemnify and hold harmless High Caliber Direct or Green Scorpion for certain of your acts and omissions. You agree to indemnify, defend (with counsel approved by High Caliber Direct or Green Scorpion), and hold harmless High Caliber Direct, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Services, including the Website, any other party’s access and use of the Services with your unique Member account credentials (username, password), your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. High Caliber Direct or Green Scorpion will notify you of any such claim, loss, liability, or demand, provided that High Caliber Directs’ or Green Scorpion’s failure to notify you shall in no way eliminate or otherwise modify High Caliber Directs’ or Green Scorpion’s rights to indemnification hereunder.
Copyright
All contents of the Services, including the Website, are Copyright 2018-2022 High Caliber Direct or Green Scorpion. All rights reserved.
Trademarks
All trademarks, service marks, and trade names of High Caliber Direct or Green Scorpion used in its Services, including on its Website, are trademarks or registered trademarks of High Caliber Direct or Green Scorpion.
Governing Law and Arbitration
These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. Except for disputes brought in small claims court, all disputes between you and Green Scorpion arising out of, relating to, or in connection with the Services, including the Website, shall be determined by arbitration in the County and City of Los Angeles, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. If this arbitration provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in the County and City of Los Angeles, California. You hereby accept the exclusive jurisdiction of such court for this purpose.
OPT-OUT NOTICE: IF YOU ARE A NEW USER OF THE SERVICES, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO customersupport@greenscorpionca.com (“OPT-OUT NOTICE”) OR VIA U.S. MAIL TO: High Caliber Direct, Inc. [Address], [City], [State] [ZIP Code]. THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU SIGNED UP FOR SERVICES FOR THE FIRST TIME, AS RECORDED BY GREEN SCORPION’S SYSTEMS THAT TRACK SIGN-UPS. In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address associated with your Member account to which the opt-out applies to: customersupport@greenscorpionca.com. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms of Use will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
BY AGREEING TO THESE TERMS OF USE, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED IN THIS SECTION).
Governing Law and Arbitration
These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. Except for disputes brought in small claims court, all disputes between you and Green Scorpion arising out of, relating to, or in connection with the Services, including the Website, shall be determined by arbitration in the County and City of Los Angeles, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. If this arbitration provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in the County and City of Los Angeles, California. You hereby accept the exclusive jurisdiction of such court for this purpose.
OPT-OUT NOTICE: IF YOU ARE A NEW USER OF THE SERVICES, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO customersupport@greenscorpionca.com (“OPT-OUT NOTICE”) OR VIA U.S. MAIL TO: High Caliber Direct, Inc. [Address], [City], [State] [ZIP Code]. THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU SIGNED UP FOR SERVICES FOR THE FIRST TIME, AS RECORDED BY GREEN SCORPION’S SYSTEMS THAT TRACK SIGN-UPS. In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address associated with your Member account to which the opt-out applies to: customersupport@greenscorpionca.com. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms of Use will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
BY AGREEING TO THESE TERMS OF USE, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED IN THIS SECTION).
Class Action Waiver
Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative, or private attorney general legal action.
Your access and continued use of the Green Scorpion Website signifies your explicit consent to this waiver.
Severability Waiver
If any part of this Agreement is found by a court to be invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.
No License
Nothing contained on the Green Scorpion Website, or presented by any other Services, should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Green Scorpion or by any third party.
Modifications
Green Scorpion, operating under High Caliber Direct, Inc, may, in its sole and absolute discretion and without notice, (a) revise these Terms of Use; (b) modify the Website and/or other Services; and (c) discontinue the Website and/or Services at any time or from time to time. Green Scorpion shall post any revision to these Terms of Use to the Website, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Website periodically to be aware of any revisions. You agree that, by continuing to use or access the Website following notice of any revision, you shall abide by any such revision.
Availability and Use Outside of the United States
The Services are controlled, offered, and operated from facilities in the United States by Green Scorpion, a subsidiary of High Caliber Direct, Inc. Green Scorpion makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found in, on, and through the Services are solely directed to individuals located in the United States. Notwithstanding the foregoing, Green Scorpion retains all rights, including all intellectual property rights, to the Services and the content therein, throughout the world.
Notification Procedures
Green Scorpion may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email or text message notice, written or hard copy notice, or through conspicuous posting of such notice on the Website or on other Services, as determined by Green Scorpion in our sole discretion, and even if you have opted out of other communications. Green Scorpion reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in this Agreement.
California User Notice
Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Marijuana and Federal Law Disclaimer; Assumption of Liability
MARIJUANA IS A SCHEDULE 1 CONTROLLED SUBSTANCE UNDER THE CONTROLLED SUBSTANCE ACT (21 U.S.C. 802) (“CSA”) AND THE CULTIVATION, DISTRIBUTION, AND POSSESSION OF MARIJUANA IS A CRIME UNDER FEDERAL LAW. KEEP ALL MARIJUANA AND MARIJUANA PRODUCTS OUT OF REACH OF CHILDREN AND ANIMALS. INTOXICATING EFFECTS OF MARIJUANA AND MARIJUANA PRODUCTS MAY BE DELAYED UP TO TWO (2) HOURS. USE OF MARIJUANA WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL. CONSUMPTION OF MARIJUANA AND MARIJUANA PRODUCTS IMPAIRS YOUR ABILITY TO DRIVE AND OPERATE MACHINERY, PLEASE USE EXTREME CAUTION.
YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS INCURRED AS A RESULT OF YOUR CONSUMPTION OF MARIJUANA OR MARIJUANA PRODUCTS OBTAINED FROM ANY GREEN SCORPION STORE. ALTHOUGH THE GREEN SCORPION WEBSITE AND EMPLOYEES OF GREEN SCORPION MAY PROVIDE INFORMATION REGARDING THE MARIJUANA AND MARIJUANA PRODUCTS AVAILABLE FROM EACH GREEN SCORPION LOCATION, INCLUDING BUT NOT LIMITED TO POTENCY, PHARMACOLOGICALLY ACTIVE INGREDIENTS, SOURCE OF CULTIVATION, RECOMMENDED USES AND BENEFITS, AND ALL OTHER DESCRIPTIONS OR INFORMATION (COLLECTIVELY “MARIJUANA INFORMATION”), SUCH MARIJUANA INFORMATION SHOULD IN NO WAY BE CONSTRUED AS MEDICAL ADVICE. ALL MARIJUANA INFORMATION IS PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE UNDER ANY CIRCUMSTANCE. ALWAYS CONSULT YOUR PRIMARY CARE PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER PRIOR TO USING MARIJUANA OR A MARIJUANA PRODUCT FOR TREATMENT OF A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR FAIL TO SEEK IT FOLLOWING RECEIPT OF MARIJUANA INFORMATION FROM THE SITE OR A GREEN SCORPION LOCATION WHERE YOUR USE OF MARIJUANA IS TO TREAT A MEDICAL CONDITION. GREEN SCORPION AND EACH GREEN SCORPION LOCATION CANNOT GUARANTEE THE ACCURACY OF ANY MARIJUANA INFORMATION PROVIDED ON THE SITE; DO NOT RELY ON SUCH MARIJUANA INFORMATION.
Opting Out
A Member may opt out of the Program at any time by emailing customersupport@greenscorpionca.com.
Contact Us
For questions or comments about the Program, please email customersupport@greenscorpionca.com.
