TERMS AND CONDITIONS
Effective date: 1st November 2023
1. Introduction
Welcome to Miller’s Marijuana. These Terms and Conditions govern your use of the Miller’s Marijuana website and mobile application. By accessing or using our website and app, you agree to be bound by these terms, which are designed to ensure a safe and compliant environment for all users.
2. Acceptance of Terms
By using the Miller’s Marijuana website and app, you confirm that you have read, understood, and agree to these Terms and Conditions in full. If you do not agree with these terms, you should not use our website or app. We reserve the right to update these terms at any time, and continued use of the website and app signifies acceptance of the updated terms.
3. Acknowledgment of Federal Illegality
While cannabis is legalized for recreational and medicinal use in Washington State, it remains illegal under federal law, specifically the Controlled Substances Act. Users must acknowledge this legal discrepancy. Miller’s Marijuana disclaims any liability arising from illegal activities, including but not limited to the illegal sale and shipment of marijuana across state lines.
4. Age and Location Confirmation
Users of the Miller’s Marijuana website and app must warrant and represent that they are of legal age (21+ for recreational users, 18+ for medical marijuana cardholders) and reside in a state where cannabis use is legal. Users may be required to provide proof of age and residency. We disclaim liability for unauthorized use by underage or non-resident users.
5. Medical Advice Disclaimer
Miller’s Marijuana does not provide medical advice. Information available on our website and app, including but not limited to content relating to the benefits and use of cannabis, should not be taken as medical advice. Always consult with a qualified health provider regarding any medical condition or treatment.
6. Use Restrictions
Users agree not to use the Miller’s Marijuana website and app for any unlawful purposes. This includes but is not limited to, engaging in activities that are harmful, threatening, abusive, harassing, defamatory, or infringing on others' rights. Users must not use the website and app to transmit malware, spam, or engage in fraudulent activities. Unauthorized commercial use of the service is strictly prohibited unless a prior written agreement is obtained from Miller’s Marijuana.
7. Cannabis-Related Provisions
Users must not utilize the Miller’s Marijuana website and app to promote or encourage over-consumption or misuse of cannabis. Any representation of cannabis as having restorative or therapeutic effects without scientific backing is prohibited. Content targeting individuals under the legal age for cannabis use, or suggesting the involvement of such individuals, is strictly forbidden.
8. User Content
All content created, uploaded, or shared by users on the Miller’s Marijuana website and app (referred to as "User Content") remains the intellectual property of the respective users. However, by submitting User Content, you grant Miller’s Marijuana a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, display, and distribute such content concerning the operation of the website and app. You assert and warrant that you have the legal right to post and authorize the use of any User Content you provide.
9. User Profiles
Users may create profiles on the Miller’s Marijuana website and app to facilitate interactions and transactions. While we may assist in profile creation, users are solely responsible for their profiles' content and accuracy. We reserve the right to remove or disable profiles that violate these Terms and Conditions without notice.
10. User Submissions
Any feedback, comments, or suggestions you provide to Miller’s Marijuana regarding the website and app are non-confidential and shall become the sole property of Miller’s Marijuana. We are entitled to the unrestricted use and dissemination of these submissions for any purpose, without acknowledgment or compensation to you.
11. Third-Party Services and Sites
The Miller’s Marijuana website and app may contain links to third-party websites or resources. Your interactions with these third parties are solely between you and the third party. Miller’s Marijuana is not responsible for any loss or damage incurred as a result of such dealings or as a result of the presence of third-party links on our service.
12. Storage and Access
Miller’s Marijuana reserves the right to limit access to and storage of data on the website and app. Accounts that are inactive for an extended period may be deleted at our discretion. We are not liable for any loss of data or content due to account deletion or any service limitations.
13. Modifications to Terms and Service
Miller’s Marijuana reserves the right, at our sole discretion, to modify these Terms and Conditions and any aspect of the website and app services without prior notice. Continued use of the service following any such changes constitutes acceptance of the new terms and services.
14. Termination of Use
Miller’s Marijuana may terminate or suspend your access to our website and app at any time, without notice and liability, for any reason, including breach of these Terms and Conditions. Upon termination, your right to use the service will immediately cease. If you wish to terminate your account, you may simply discontinue using the service.
15. Proprietary Rights
The Miller’s Marijuana website and app, including all content, graphics, interfaces, and code, are protected under intellectual property laws. Miller’s Marijuana retains all rights not expressly granted to users. Users must not use any content from our website and app in any way other than as expressly permitted by these Terms or with prior written permission from Miller’s Marijuana. All trademarks, logos, and service marks displayed on the website and app are the property of Miller’s Marijuana or their respective owners.
16. Disclaimer of Warranties
Miller’s Marijuana provides the website and app on an "as is" and "as available" basis without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the website and app will be uninterrupted, secure, or free from errors or omissions.
17. Limitation of Liability
To the fullest extent permitted by law, Miller’s Marijuana shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the website and app. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses.
18. Indemnification
You agree to indemnify and hold harmless Miller’s Marijuana and its officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from your use of the website and app, your violation of these Terms, or your violation of any rights of a third party.
19. Copyright and Intellectual Property Claims
Miller’s Marijuana respects the intellectual property rights of others and expects users to do the same. We have a policy of responding to notices of alleged copyright infringement in compliance with applicable laws. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the necessary information as outlined in these Terms.
20. General Information
These Terms, together with any additional terms and policies referenced herein, constitute the entire agreement between you and Miller’s Marijuana. The Terms govern your use of the website and app and supersede any prior agreements between you and Miller’s Marijuana regarding the subject matter. These Terms may be amended only by a written document signed by an authorized representative of Miller’s Marijuana.
21. Governing Law
These Terms and your use of the Miller’s Marijuana website and app shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of law.
22. Payment Terms
If any services on the Miller’s Marijuana website or app require payment, these terms will govern such transactions. All prices, fees, and any applicable taxes and service charges are stated in U.S. dollars unless otherwise noted. Miller’s Marijuana reserves the right to adjust prices and fees at any time. All payments are to be made using the methods offered on the website and app. Users must ensure that sufficient funds are available to complete any transaction.
23. Product Descriptions and Availability
Miller’s Marijuana endeavors to provide accurate and up-to-date information about the products and services offered on the website and app. However, we do not guarantee the accuracy or completeness of such information. Availability of products and services is subject to change without notice. Miller’s Marijuana reserves the right to modify, discontinue, or limit the availability of any product or service at any time.
24. Specific Advertising Warnings
All cannabis-related advertisements must include the following mandatory government warnings as required by Washington State law:
"This product has intoxicating effects and may be habit forming."
"Marijuana can impair concentration, coordination, and judgment. Do not operate a vehicle or machinery under the influence of this drug."
"There may be health risks associated with consumption of this product."
"For use only by adults twenty-one and older. Keep out of the reach of children".
25. Signage and Billboard Regulations
Our signage and billboards comply with Washington State regulations. They will not exceed the size limits and will only contain our business name, location, and nature of business, without any depictions of cannabis or appeal to minors. Billboards must also state that cannabis can only be purchased and possessed by adults over 21 years old.
26. Promotional Restrictions
Miller’s Marijuana adheres to Washington State laws prohibiting the giveaway of cannabis products or coupons. Special offers and promotions may be communicated through email or text lists.
27. Sale of Branded Merchandise
Miller’s Marijuana sells legal cannabis products and paraphernalia. Branded non-cannabis merchandise is available for sale on our website or through a separate entity.
28. Local Jurisdiction Compliance
We commit to complying with all local laws and regulations regarding cannabis advertising, which may include additional restrictions beyond state requirements.
29. Online Advertising and Sales
Our website adheres to Washington State regulations by not appealing to or soliciting individuals under the age of 21. All cannabis products must be purchased in-store, in compliance with state laws.
30. Dispute Resolution
In the event of any dispute arising out of or in connection with these Terms, the parties agree to engage in good faith negotiations to resolve the dispute. If the dispute cannot be resolved through negotiation, the parties agree to resolve the dispute through binding arbitration in accordance with the rules of the American Arbitration Association, rather than in a court. The arbitration shall be conducted in the State of Washington, and the decision of the arbitrator shall be final and binding on both parties.
31. Contact Information
For any inquiries or concerns related to these Terms and Conditions, please reach out to us at:
Phone: (360) 861-4300
Email: MillersMarijuanaElma@hotmail.com