Terms

Terms of service

Please read the following Terms of Use and End User Agreement (collectively, the “Terms of Use”) carefully.

1. Acceptance of the Terms of Use

The Terms of Use, together with our Website Privacy Policy, which may be located and reviewed at www.supurb.com (the “Privacy Policy”), which is expressly incorporated herein by reference, together with all additional documents incorporated by reference herein, constitute a legal agreement between you and Supurb Solutions LLC (“Supurb,” the “Company,” “we,” or “us”), and shall govern your access to and use of www.supurb.com (the “Website), any affiliated mobile application(s) (the “App”), and/or the purchase or receipt of goods or services through use of the Website or App (the “Services”). BY USING THE WEBSITE, THE APP, OR ANY SERVICES, OR BY CLICKING TO ACKNOWLEDGE YOUR ACCEPTANCE OR AGREEMENT TO THE TERMS OF USE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT, AND AGREE TO BE BOUND AND ABIDE BY, THE TERMS OF USE, INCLUDING FUTURE AMENDMENTS AND ADDITIONS TO THE TERMS OF USE (AND/OR THE INCORPORATED PRIVACY POLICY) WHICH MAY BE MADE AND PUBLISHED FROM TIME TO TIME ON THE WEBSITE AND/OR APP. IF YOU DO NOT AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE (INCLUDING THE ABOVE-REFERENCED PRIVACY POLICY), DO NOT ACCESS, INSTALL, OR OTHERWISE UTILIZE THE WEBSITE, APP, OR ANY SERVICES OFFERED THEREBY.

The Website, App, and/or any associated Services are offered and available only to users who are 18 years of age or older, reside in the United States or any of its territories or possessions, and otherwise are able, pursuant to applicable state and local law, to access and utilize the Website, App, and/or any Services associated therewith. If you do not meet any of these requirements, you must not access or otherwise use the Website, App, and/or Services.

2. Changes to the Terms of Use

We may, in our sole discretion, update or revise the Terms of Use at any time. Changes are effective immediately when posted to the Website and/or App, and apply to all access and use of the Website, App, and/or Services after your first visit to or use of the Website, App, and/or Services after the “Last Revised” date set forth at the end of the Terms of Use.

Your continued use of the Website, App, and/or Services following the posting of revised Terms of Use (and/or Privacy Policy) means you conclusively accept and agree to such changes. You are expected to check this page frequently, and specifically, but without limitation, each time you access and/or utilize the Services, so you are aware of any changes.

3. Terms of Service

A. Services Offered by or Through Website or App

Supurb is a service that connects qualifying medical marijuana patients and/or designated caregivers with licensed dispensary partners to obtain the medication and other goods and/or services they need. Such goods and Services may include, but are not limited to, medical marijuana products. You acknowledge that the Services may be made by (a) certain of Supurb’s subsidiaries and affiliates; and/or (ii) independent third party providers, including licensed medical marijuana dispensaries and their dispensary agents. Supurb is not a licensed dispensary as defined by the Arizona Medical Marijuana Act, A.R.S. § 36-2801 et seq., and A.A.C. Title 9, Chapter 17. Deliveries of medical marijuana products are made only by licensed dispensary agents, and Supurb does not set pricing or maintain any inventory of medical marijuana to or for qualified patients or designated caregivers. Supurb may perform and provide certain logistics services through the Website and/or App on behalf of or in conjunction with its licensed dispensary partners, including, but not limited to, pre-verification checks, identification checks, quantity and other eligibility-related verifications, provision of certain patient education and support materials, or collection, recordation, and/or transmission of information for recordkeeping and/or entry into the medical marijuana electronic verification system, among other things.

You expressly acknowledge and agree that: (i) you will not use the Website, App, or Services if you are not fully able and legally competent to agree to these Terms of Use; (ii) you will only use the Website and/or App for lawful purposes, will not make any false misrepresentations in doing so, and will not use the Website and/or App for sending or storing any unlawful material or for fraudulent purposes; (iii) you will only use the Website, App, or Services for your own use and will not resell the Website, App, or provision of Services to a third party or otherwise utilize the Website, App, or provision of Services for commercial purposes or personal financial gain; (iv) you will keep secure and confidential your account password or any identification we provide you which allows access to the Website, App, and/or Services; (v) you will only use an access point or data account that you are authorized to use; (vi) you will provide whatever proof of identity may be requested by us or, as appropriate, a dispensary agent, including appropriate state-issued identification when a delivery arrives to confirm you are the identified cardholder; (vii) the Company or the licensed dispensary agent may decline your delivery request for any reason at its sole discretion; (viii) use of the Website, App, and/or the provision of Services, may result in charges to you for goods or services you receive from Supurb and/or an independent third party provider, including a licensed dispensary and/or its dispensary agent, which charges you will be responsible for and which shall become due and owing in full at the time an order for goods and/or services is submitted via the Website or App, irrespective of whether payment is collected upon submission of the order or upon delivery of the goods or services; and (ix) the Company may charge certain fees at its sole discretion for access to and/or use of the Website, App, and/or provision of certain Services, which may, in some instances, be assessed in addition to the purchase price of goods or services listed on the Website and/or App, provided, however, that Supurb will use reasonable efforts to inform you of any such fees or additional charges assessed with a particular order or otherwise.

Supurb makes no representation as to any laws, rules, or regulations of Arizona or any other jurisdiction regarding the sale, service, transportation, or delivery of goods or services (including, without limit, the Services) to a customer/consumer, including you. Supurb shall not be liable for any loss or damage arising from your failure to comply with the terms set forth in these Terms of Use or to comply with applicable law. Supurb explicitly reserves the right to refuse access to the Website, App, or Services at any time, without notice, for your failure to abide by the terms as set forth in herein or to comply with applicable law.

ALWAYS SEEK THE ADVICE OF A QUALIFIED MEDICAL PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR QUALIFYING CONDITION. DO NOT DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION ON THE WEBSITE, APP, VIA PROVISION OF THE SERVICES, OR ON ANY THIRD-PARTY DISPENSARY PARTNER WEBSITES OR APPS. RELIANCE ON ANY SUCH INFORMATION IS AT YOUR OWN RISK.

B. License

Subject to your compliance with these Terms of Use, Supurb grants you a personal, limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Website, App, and Services, for your personal use on a device you own or control. You may not download or install the App on a device you do not own or control and may not distribute or make the App available for download and/or installation over a network whereby it could be used by multiple devices simultaneously. Any rights not expressly granted herein are reserved by Supurb.

C. Access and Use of Website, App, and Services

We reserve the right to withdraw or amend the Website, App, and any service or material we provide on the Website, including, without limitation, the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website, App, and/or Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, App, and/or Services, or the entire Website, App, and/or Services, to users, including registered users.

To access the Website, App, or some of the resources they offer, including, without limit, the Services, you will be asked to provide certain registration details or other information. It is a condition of your use of the Website, App, and provision of Services that all the information you provide on the Website and/or App is correct, current, accurate, and complete. Unless otherwise agreed to in writing by Supurb, you may only maintain one user account. You agree that all information you provide to register with this Website, App, or otherwise, including but not limited to through the use of any interactive features on the Website or App, is governed by the incorporated Privacy Policy, and you consent to all actions we take with respect to your information consistent with the Privacy Policy. Proper identification and credentials must be shown upon delivery of Services ordered via the Website and/or App. Supurb and/or the appropriate licensed dispensary, its agent, or any other third-party provider retains the right to refuse service to anyone for any reason. Deliveries will be made only to locations permitted by applicable law. Supurb and/or the appropriate licensed dispensary, its agent, or other third-party provider retains the right to limit deliveries to certain locations and/or location-types for any reason. Supurb and/or its licensed dispensary partners, their agents, and other third-party vendors retain the right, at their sole discretion, to set a limit to how much a patient may order at any given time or over any particular time period.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or App, or any portions thereof, and/or utilize any Services, using your user name, password, or other security or identifying information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit and log out from your account at the end of each session. You should exercise particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or any other personally identifying information.

We expressly retain exclusive right to disable any user, user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use, or any applicable state or local laws, rules, or regulations applicable to the Website, App, and/or Services.

4. Payment and Charges

Any charges and fees incurred by your use of the Website or App, whether for goods or Services provided by Supurb or a licensed dispensary partner or other third-party vendor or service provider, are due immediately. Payments for goods and/or Services will be automatically delivered to the appropriate vendor, licensed dispensary/retailer, and/or third-party provider by or on behalf of Supurb. As between you and Supurb, Supurb reserves the right to establish, remove and/or revise certain charges or fees for any or all Services or goods obtained through use of the Services at any time in Supurb’s sole discretion. Certain fees, such as the Cancellation Fee, and surge pricing or convenience fees, may be collected and retained by Supurb as applicable, at Supurb’s sole discretion. You acknowledge and agree that fees applicable in certain areas may increase substantially during times of high demand, or otherwise. Supurb and/or the licensed dispensaries/retailers reserve the right to determine final prevailing pricing. The pricing information published on the Website or App may not reflect prevailing pricing at the licensed dispensaries’/retailers’ applicable or originating location. Any promotional offers made to you shall have no bearing on these Terms of Use or your future use of the Website, App, or Services. Supurb and/or the licensed dispensary/retailer vendors, as appropriate, may change the fees for provision of the Services and/or cost of goods at their sole discretion.

Certain purchases through the Website or App, or other transactions for the sale of goods, services, and/or information formed through the Website or App, and/or by use of the Services, may be governed by certain terms of sale in addition to those contained herein. In such instances, those terms hereby expressly incorporated by reference into these Terms of Use. Additional terms and conditions may also apply to specific portions, services, or features of the Website, App, and/or Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

5. Intellectual Property Rights and Uses

The Website, App, and/or Services, and the contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement) thereof, are owned by the Company, its licensors, licensees, third-party business partners, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws, among other applicable protections, as appropriate.

These Terms of Use permit you to use the Website, App, and/or Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website or App, or otherwise take any action(s) inconsistent with the Company’s ownership interests. By accessing the Website or App, you do not acquire any rights or licenses under Supurb’s (or its licensors’) patents, patent applications, copyrights, trade secrets, trademarks, or other intellectual property rights on account of these Terms of Use.

You must not access or use for any commercial purposes any part of the Website, App, or any goods, services, or materials available through the Website, including, without limit, the Services. If you wish to make any use of material on the Website, App, and/or provision of the Services other than as set forth herein, address your request to: info@supurb.com, with the subject line, “TERMS OF USE DEVIATION REQUEST.”

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website, App, and/or Services in breach of the Terms of Use, your right to use the Website, App, and Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website, App, or Services, or any content on the Website, App, and/or through provision of the Services, is transferred to you, and all rights not expressly granted herein or otherwise are reserved by the Company. Any use of the Website, App, and/or Services not expressly permitted by these Terms of Use is a breach of the Terms of Use and may, among other things, violate applicable copyright, trademark, proprietary information, and other laws.

A. Other Intellectual Property

The Company name, related names, all logos, product and service names, designs and slogans, including, without limitation, “Weed deliver to you,” are trademarks and/or other intellectual property rights belonging to the Company or its affiliates or licensors only. You must not use such marks without the express prior written permission and consent of the Company. All other names, logos, product and service names, designs and slogans on the Website or App are the trademarks of their respective owners.

B. Prohibited Uses

You may use the Website, App, and/or Services only in accordance with these Terms of Use and in compliance with all applicable laws, rules, and regulations as more specifically set forth herein. You agree not to use the Website, App, and/or Services:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries), to the extent not otherwise explicitly covered herein with respect to, without limitation, the legality of purchasing, possessing, and/or using marijuana for medicinal purposes in accordance with applicable state and local law, and the associated conflict with federal, international, and other laws, that do or may prohibit such behavior and/or actions. 
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise. 
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set forth herein. 
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter(s),” “spam,” or any other similar solicitation. 
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or user names associated with any of the foregoing). 
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, App, and/or Services, or which, as determined by us, may harm the Company or users of the Website, App, and/or Services in any way.  Additionally, you agree not to:
    • Use the Website, App, and/or the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, App, and/or Services, including their ability to engage in real time activities through the Website. 
    • Use any robot, spider or other automatic device, process or means to access the Website or App for any purpose, including monitoring or copying any of the material on the Website. 
    • Use any manual process to monitor or copy any of the material on the Website or App or for any other unauthorized purpose without our prior written consent. 
    • Use any device, software or routine that interferes with the proper working of the Website, App, and/or Services. 
    • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. 
    • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or App, the server on which the Website or App is stored, or any server, computer or database connected to the Website or App. 
    • Attack the Website or App via a denial-of-service attack or a distributed denial-of-service attack. 
    • Otherwise attempt to interfere with the proper working of the Website or App. 

6. Acknowledgement of Federal Law

You expressly acknowledge that the Website, App, and/or the Services are for residents with laws regulating medical use of marijuana only and that medical cannabis collectives and patients are established pursuant to their respective state and local laws. Under the federal laws of the United States of America, marijuana, for any use, is illegal, and that individuals are subject to arrest and/or prosecution for possession, cultivation or transportation of marijuana by federal officials. You further expressly acknowledge that medical marijuana is not recognized as a valid defense under federal laws. You also acknowledge that the interstate transportation of marijuana is a federal offense.

7. Acknowledgement of Arizona Law

You expressly acknowledge that the use, possession, cultivation, transportation, and distribution of cannabis is illegal in Arizona unless all participants are acting completely within the scope of Arizona’s medical cannabis laws as set forth in the Arizona Medical Marijuana Act, A.R.S. §§ 36-2801 et seq., and all associated laws, rules, and regulations.

8. User Contributions

The Website and/or App may contain message boards, personal profiles, forums, and other interactive features (collectively, “Interactive Services”) that allow registered users to post, submit, publish, display or transmit to other registered users or persons (hereinafter, a “post”) content or materials (collectively, “User Contributions”) on or through the Website or App. All User Contributions must comply with the Content Standards set out herein.

Any User Contribution you post will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website or App, you grant us and our affiliates, service providers, and business partners, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates, business partners, and service providers, and each of our/their respective licensees, successors, or assigns.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website or App.

A. Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion. 
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including, without limitation, if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company. 
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. 
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. 
  • Terminate or suspend your access to all or part of the Website, App, and/or the Services for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or App. YOU EXPRESSLY WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, BUSINESS PARTNERS, AND SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE SUCCESSORS, ASSIGNS, MEMBERS, MANAGERS, SHAREHOLDERS, DIRECTORS, OR OTHER AGENTS, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATION(S) AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATION(S) BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot and do not undertake to review material before it is posted on the Website or App, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

All information we collect on the Website and/or App is subject to our Privacy Policy. By using the Website and/or App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.