Lume Cannabis Co - Cannabis in New Light

Lume Cannabis Co.
Website Terms of Use

Effective as of November 6, 2020

These Terms of Use apply to the Lume Cannabis Co. website and related sites (the “Site”). This Site is owned and operated by Lume Cannabis Co. (collectively, “Lume” or “we”).  You should read these Terms of Use carefully. Your access to and use of this Site are governed by these Terms of Use, which are a legally binding contract between you and Lume. In addition, when using a particular service and/or accessing certain materials on or through this Site, you are subject to any additional posted terms, conditions, and rules applicable to the service and/or materials, which are incorporated into these Terms of Use and govern any conflict or inconsistency with these Terms of Use.

BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THE PRIVACY POLICY, PLEASE DO NOT USE THIS WEBSITE OR PROVIDE US WITH YOUR INFORMATION.

Amendments to Terms of Use

Lume reserves the right to change these Terms of Use and any of its other terms, conditions and rules relating to the Site at any time. Lume will notify you of such changes by posting the changes on the Site. You are responsible for regularly reviewing the Site and these Terms of Use regarding such changes. Continued use of the Site after any such changes have been posted shall constitute your agreement to them.

Third Party Service Providers

Lume may use third party service providers to help develop and maintain this Site and to provide specific services offered through this Site. You agree that the terms and conditions set forth in these Terms of Use, inure to the benefit of any third party service providers engaged by Lume. All references to Lume are deemed to include its agents and service providers.

Use of Site and Materials

Through this Site, Lume may make available to you certain audio and visual materials contained or displayed in or made available through the Site (collectively, “Materials”). Lume and its licensors grant to you a personal, non-exclusive, non-transferable right to access, view, download, print, use and display the Materials solely for your own informational and non-commercial use. In these Terms of Use, all references to the Site shall be deemed to include all Materials unless otherwise expressly indicated. All rights not expressly granted by Lume to you are retained by Lume, and you may not use the Site and/or any element of the Site in any manner or for any purpose not expressly authorized by these Terms of Use. The rights granted to you do not include, and are not applicable to, the design or layout of the Site, which are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

The Site design, text and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions. Unless otherwise indicated, all product and service marks and logos displayed on the Site are subject to the trademark rights of Lume, its affiliates, or its business partners. You shall not: (a) remove or destroy any proprietary rights marks or legends on or in the Site; (b) modify, enhance, adapt, translate, or create derivative works of the Site; (c) republish, post, transmit, transfer, distribute, assign, sublicense, rent, lease or sell the Site; (d) decompile, disassemble or reverse engineer the Site; (e) reproduce or make copies of the Site; (f) “frame” or “mirror” the Site on any other server or Internet-based device; and/or (g) access, view, download, print, use and/or display the Site for any commercial or other money-making purpose; (h) use any data mining, robots, or similar data gathering and extraction tools; or (i) use any meta tags or any other “hidden text” utilizing Lume’s name or trademarks without our express written consent. You acknowledge that certain elements of the Site are, or may in the future be, licensed to Lume by third parties and that the availability of such elements may cease automatically, without notice or liability on the part of Lume.  Our trademarks cannot be used without an express, written license agreement. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Lume. All other trademarks not owned by Lume that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Lume.

Lume and/or its licensors own and shall retain all rights, title and interests, including all intellectual property rights, in and to the Site, and all elements thereof. Except for the express licenses granted to you herein, you neither have nor acquire any rights, title or interests in or to the Site, or any element thereof.

Eligibility

The Site is intended for individuals who are at least 21 years old.  You represent and warrant that you are of legal age to form a binding contract. Lume may, in its sole discretion, refuse to offer the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

Pricing and Orders

If you wish to purchase any product or service made available through the Site (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, your government issued ID or driver’s license, medical card information, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

Unless otherwise specified, all prices listed on our Site are in U.S. Dollars. The prices and availability of products are subject to change without notice. If we discover an error in either pricing or availability, we will seek to correct it. We reserve the right to revoke any offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted). Pricing for our products and accessories are listed without applicable tax, which will be calculated at the time of order.

Orders placed on our Site are processed by our third party service provider, Dutchie, and are subject to Dutchie’s terms (available here).  You must be 21 or older or possess a valid medical marijuana patient card to order from our Site.  The person placing the order must be present at the time of order receipt and must provide a government-issued ID and, where applicable, valid medical marijuana patient card (or email confirming Michigan medical card within 10 days of receipt).  At this time, we only accept cash payments.

Feedback

If you provide Lume with any comments, suggestions or other feedback with respect to the products, the Site or any component thereof (collectively, “Feedback”), Lume, without any restrictions, has the right but not the obligation, to use such Feedback in any way, including incorporating such Feedback into the products or the Site, without obligation to you.  Lume will be the owner of, and free to use for any purpose, any ideas, concepts, know-how, or materials developed by or on behalf of Lume resulting from your Feedback, including, without limitation, any modifications or enhancements to the products or the Site.

Prohibited Behaviors

Your ability to use this Site depends on your compliance with the conduct guidelines set forth in these Terms of Use. If you fail to conduct yourself appropriately, we may revoke your privileges to use all or a portion of this Site and/or take other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. The following is a non-inclusive list of behaviors that are not permitted on the Site. You agree not to engage in:

  1. Hacking, phishing, spamming, scamming, identity theft, fraud, forgery, deception, virus or malware distribution, network attacks, and interference with any other user’s use of the Site.
  2. The unauthorized access, monitoring, collection, or use of data, systems or networks.
  3. Transmitting, distributing or storing illegal or fraudulent information or material or information or material that will infringe or otherwise violate any privacy, intellectual property, publicity or other personal rights including, any copyright, patent, trademark, trade secret or other proprietary right.
  4. Offensive activities such as harassment or transmitting or distributing content that is inappropriate, obscene, defamatory, threatening, abusive, that advocates violence, or that violates a law, regulation, or public policy.

In addition, you must comply with all applicable laws, rules and regulations related to your use of the Site, including data protection and privacy laws and laws relating to the possession and use of cannabis.

Privacy

We have a policy that addresses privacy. Your use of our Site is subject to it. Please read our Privacy Policy so that you understand the parameters of privacy when using our Site. Keep in mind, however, that the information you voluntarily post on this Site or post about us or our products and services on other sites, are public and are not protected under our Privacy Policy.  We reserve the right to monitor some, all, or none of the areas of this Site for adherence to these Terms of Use.

Third Party Information

When you are on the Site, you could be directed to other sites that are beyond Lume’s control. Lume is not responsible for the content of any linked site or any link contained in a linked site owned or controlled by a third party. Lume provides such links only as a convenience to you. Lume has not endorsed, tested or verified any information, programs, companies, or products on sites to which it links. If you decide to access any third party sites linked to this Site or provide any personally identifiable information to such, you do so subject to the terms and policies applicable to those sites and entirely at your own risk.

Territory

Lume operates this Site from the State of Michigan in the United States. Lume makes no representation that content and materials on this Site and its products and services are legal or appropriate for use outside the United States. Please keep in mind that this Site may not conform with the laws of your state or country. If you access this Site from outside the State of Michigan, you do so at your own risk. You may not use the Site in violation of United States laws and regulations.

Disclaimer of Warranties; Limitation of Liability

EXCEPT AS OTHERWISE SET FORTH HEREIN, THIS SITE, INCLUDING ALL MATERIALS, INFORMATION AND OTHER CONTENT AVAILABLE ON OR THROUGH THIS SITE, IS PROVIDED BY LUME “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CONTINUED AVAILABILITY, QUALITY, ACCURACY AND/OR SYSTEM COMPATIBILITY. IN ADDITION, NO WARRANTIES SHALL ARISE FROM ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.

YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. BY USING THIS SITE, YOU ASSUME ALL OF THE RISKS ASSOCIATED WITH SUCH USE, AND YOU EXPRESSLY RELEASE LUME, AND ITS THIRD PARTY INFORMATION AND SERVICE PROVIDERS, FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LOSSES ARISING FROM OR CONNECTED WITH SUCH RISKS. THE INFORMATION PROVIDED ON THIS SITE IS PROVIDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATIONAL PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR A SPECIFIC PRODUCT OR COURSE OF ACTION. YOU ACKNOWLEDGE THAT: THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS AND THE SITE MAY BECOME INOPERABLE OR OTHERWISE UNAVAILABLE FOR PERIODS OF TIME. ALTHOUGH LUME MAY UPDATE THIS SITE, SOME OF THE INFORMATION MAY BE OUT OF DATE OR CONTAIN OTHER ERRORS. LUME DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION POSTED OR ANY OPINION, ADVICE OR STATEMENT DISPLAYED ON THIS SITE.

REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IN NO EVENT SHALL LUME, ITS AFFILIATES, ITS LICENSORS AND/OR ITS SERVICE PROVIDERS BE LIABLE OR RESPONSIBLE TO YOU IN ASSOCIATION WITH THE SITE, OR YOUR USE THEREOF, FOR ANY: (A) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF THEY ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOST EXPECTANCY OR BUSINESS INTERRUPTIONS. ANY CLAIM RELATED TO THE SITE MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT THAT GAVE RISE TO THE CLAIM.  LUME SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DELAY OR FAILURE IN THE SITE, OR ANY COMPONENT THEREOF, OR YOUR ABILITY TO ACCESS OR USE THE SITE, RESULTING FROM CAUSES OUTSIDE OF LUME CONTROL, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, ACCIDENTS, STRIKES, FIRES, WAR OR ACTS OF GOD.

Some jurisdictions may not permit the disclaimers of warranties or limitations of liability set forth in these Terms of Use, so the above limitations may not apply to you.  To the extent such warranties or liabilities cannot be disclaimed but can be limited under the laws of your state, we limit such warranties and/or liabilities to the maximum extent permitted by applicable law.

Indemnity

You agree to indemnify, defend and hold harmless Lume, and its parents, subsidiaries, affiliates, officers, agents, co-branders, partners, licensors, and employees, from and against any alleged claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site, your connection to this Site, your violation of these Terms of Use or any other applicable policy, your violation of any rights of another, or breach of any representation or warranty made by you under these Terms of Use. You are solely responsible for your actions when using this Site, including, but not limited to, costs incurred for Internet access.

Termination

Lume may terminate your access to this Site at any time and for any reason without prior notification. We may also, in our sole discretion and at any time, with or without notice, discontinue this Site or any portion of it, restrict the time the Site is available, or restrict the amount of use permitted. You agree that we may terminate or restrict your access to this Site under these Terms of Use or under any other applicable policy without prior notice. We reserve the right to bar any further access to this Site. Provisions that survive termination of these Terms of Use are those relating to ownership, limitations of liability, indemnification and others which by their nature are intended to survive.

Applicable Law, Severability and Waiver

In order to ensure consistency in the interpretation and enforcement of these Terms of Use and Lume’s rights in the Site, these Terms of Use will be governed exclusively by Washington law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You expressly agree that any litigation or dispute arising between you and Lume related, in any way, to the Site and/or these Terms of Use, and/or any and all disputes, actions, claims, or causes of action related thereto, shall be initiated and maintained before the Circuit Court for King County, Washington or the United States District Court for the Western District of Washington.  You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent necessary to be valid and enforceable, and all other provisions of these Terms of Use shall remain in full force and effect.

The failure of Lume to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Lume in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party’s right or remedy will affect the other provisions of these Terms of Use.

How to Contact Us

If you have questions about these Terms of Use or our products generally, please contact us as follows:

Lume Cannabis Co.
769 Chicago Road, Floor 2
Troy, Michigan 48083
United States of America
Email: contact@lume.com
Text: 248-595-9844