Website Terms of Use

 

 

PTCE, Inc.

 

 

 

Website Terms of Use

 

 

1. Overview

These terms of use (“Terms of Use”) are entered into between you and PTCE, Inc. (“Commencement Bay Cannabis,” “we,” or “us”). The Terms of Use govern your access to and use of the Commencement Bay Cannabis website, https://staging.commencementbaycannabis.com, and any other website, social media pages, apps, or other digital medium owned or operated by Commencement Bay Cannabis (the “Site”), including any content, functionality, services, and products offered on or through the Site.

By using the Site, you consent to and agree to be bound by and comply with these Terms of Use. Commencement Bay Cannabis may terminate your ability to use the Site without notice if you do not comply with the Terms of Use. If you do not agree to these Terms of Use, you must not access or use the Site.

 

Commencement Bay Cannabis reserves the right to make changes to the Site and to the Terms of Use at any time. All changes are effective immediately when posted. Your continued use of the Site following the posting of the revised Terms of Use means that you accept and agree to the changes.

 

All information Commencement Bay Cannabis collects on this Site is subject to our Privacy Notice posted at the Site. By accessing or using our Site or products, you also acknowledge having read our Privacy Notice, which contains details relating to our collection, use, and disclosure of your Personal Information (as defined in our Privacy Notice).

 

All Site Content (as defined in Section 10 below) is current as of the date it is posted on the Site to the best of Commencement Bay Cannabis’s knowledge.

 

2. Limited License and Prohibited Uses

Commencement Bay Cannabis grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive license to access and use the Site Content as an informative resource and to engage in transactions while using the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display, or performance of Site Content without prior permission of Commencement Bay Cannabis is strictly prohibited. You may not download, print, copy, distribute, or otherwise use Site Content for commercial purposes, including publication, sale, or personal gain. You may not remove any Marks (as defined in Section 10 below) or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Site Content.

 

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree that you will not:

• Use the Site in any way that violates any applicable law or regulation.
• Use the Site for the purpose of exploiting, harming, or attempting to exploit or harm anyone in any way.
• Send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Terms of Use.
• Transmit or procure the sending of any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• Impersonate or attempt to impersonate Commencement Bay Cannabis, any Commencement Bay Cannabis employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by Commencement Bay Cannabis in its sole discretion, may harm Commencement Bay Cannabis or users of the Site or expose them to liability.
• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
• Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any material on the Site or for any other unauthorized purpose without Commencement Bay Cannabis’s prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Site.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Site.

 

This Site is intended for adults over the age of 21. For more information, please see our Privacy Notice.

 

3. Account Registration

For some aspects of our Site, you may need to or be able to register an account with us. It is a condition of your use of the Site that all information you provide is complete, current, and accurate. Commencement Bay Cannabis can terminate your registration at any time for any reason.   

 

4. Use and Protection of Login Credentials

You are responsible for maintaining the confidentiality of your username and password (“Login Credentials”). You are responsible for all uses of your account and Login Credentials, whether or not authorized by you. You agree to notify Commencement Bay Cannabis immediately of any unauthorized access to or use of your account or Login Credentials or any other breach of security. Commencement Bay Cannabis reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in Commencement Bay Cannabis’s opinion, you have violated any provision of these Terms of Use.

 

5. Mobile App

Commencement Bay Cannabis may provide services through a mobile application (“App”), including an App developed for the Apple Inc. (Apple) and Alphabet Inc. (Android) mobile platforms. Apple Inc., and Alphabet Inc., are not responsible for the App or content. The App is an extension of the Site and is subject to these Terms of Use. The App may collect Personal Information from you. Please refer to our Privacy Notice for more information on how we handle such Personal Information.

Your use of any App shall be governed both by these Terms of Use and our Privacy Notice, and by any end user license agreement or other agreement specific to a particular App. 

 

In order to use the App, your device must satisfy certain system requirements, as found on the Apple and Google app marketplaces. We and/or our licensors or service providers may, from time to time in our or their sole discretion, develop and provide App updates, which may include upgrades, modifications, supplements, or new versions of the App, including to distribute bug fixes, patches, other error corrections, and/or new features or feature improvements (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. However, neither Commencement Bay Cannabis nor our licensors or service provides have any obligation to provide any Updates or technical or end user support, or to continue to provide or enable any particular features or functionality. Commencement Bay Cannabis disclaims any and all liability relating to your failure to install any updates.

 

6. Purchases and Exchanges

We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions or pricing for products are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any products at any time. Any offer for any products made on our Site is void where prohibited.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer name or account. In the event we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or address and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

 

In the event of a defective cartridge, we allow cartridges to be exchanged within one (1) week of purchase. The defective cartridge must be accompanied by the original receipt and packaging. No other product returns are accepted.

 

7. Special Offers and Promotions

We may offer promotions and discounts. Some of these offers are only available to our loyalty program members. A member who has opted in to receive text messages may receive additional promotions and discounts via text message. While we may provide general information about the availability of these promotions and discounts on our Site, the specific terms and exclusions for these offers are provided contemporaneously with the advertised promotion or discount.

 

8. Errors, Inaccuracies, and Omissions

Occasionally, there may be information on the Site that contains errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We have made every effort to display as accurately as possible the colors and images of our products that appear on the Site. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order), but we have no obligation to update any information on our Site. The Site Content should never be relied upon as the sole basis for making any decisions to purchase products from Commencement Bay Cannabis. Any reliance on the Site Content is at your own risk, and you assume any and all risks associated with your purchase decisions.

 

9. Feedback and Testimonials

You are under no obligation to provide any reviews, comments, suggestions, ideas, feedback, and recommendations (“Feedback”) to us. By providing any Feedback to Commencement Bay Cannabis, you grant us and our service providers, and each of their and our licensees, successors, and assigns the perpetual right to use, reproduce, modify, perform, display, distribute, create derivative works, and otherwise disclose to third parties any such material for any purpose.

 

If you submit Feedback to us, you represent and warrant that:

• You own or control all rights in and to the Feedback and have the right to grant the license granted above to us and our service providers, and each of their licensees, successors, and assigns.
• All of your Feedback does and will comply with these Terms of Use.
• You understand and acknowledge that you are responsible for any Feedback you submit or contribute, and you, not Commencement Bay Cannabis, have full 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 Feedback.

 

10. Intellectual Property

The Site and its entire contents, data, features, and functionality (including but not limited to text, graphics, video, logos, button icons, databases, and images) (“Site Content”) are the property of Commencement Bay Cannabis or its licensors and are protected by copyright, trademark, and other intellectual property laws, except as indicated below.

 

The Commencement Bay Cannabis name and related logos are trademarks and service marks (“Marks”) of Commencement Bay Cannabis.  Commencement Bay Cannabis Marks may not be used without advance written permission of Commencement Bay Cannabis, including in connection with any product or service that is not provided by Commencement Bay Cannabis, in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents Commencement Bay Cannabis. Other products or company names mentioned on the Site may be trademarks or service marks of their respective owners.

If you believe that any content on the Site violates your intellectual property rights, please notify Commencement Bay Cannabis as described in Section 11.

 

11. Copyright

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim by contacting our designated Copyright Agent at [email protected] or:

 

Copyright Agent

Commencement Bay Cannabis

3700 Pacific Hwy. E, Suite 409

Fife, WA 98424

 

Please see 17 U.S.C. § 512(c)(3) for the general requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages including, but not limited to, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

 

We may, at our sole discretion, limit access to the Site and/or terminate the account of any user who repeatedly infringes any intellectual property rights of others.

 

12. Third Party Content

This Site may include content provided by third parties. All statements and opinions expressed by third parties are solely the opinions and the responsibility of the person or entity providing those materials. Those materials do not necessarily reflect the opinion of Commencement Bay Cannabis. Commencement Bay Cannabis is not responsible for the content or accuracy of any materials provided by any third parties.

 

13. Links To Other Web Sites

Commencement Bay Cannabis may provide links to external web sites for the convenience of Site users. The inclusion of an external link on this Site does not constitute or imply support or endorsement of any kind. Commencement Bay Cannabis does not control those web sites, is not responsible for their content or function, and is not responsible for any loss or damage that may arise from your use of them. If you decide to access the third party sites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use and the privacy notice for such Sites.

 

14. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE SITE AND TRANSACTIONS RELATED TO THE SITE ARE AT YOUR SOLE RISK. WHILE COMMENCEMENT BAY CANNABIS ATTEMPTS TO PRESENT ACCURATE INFORMATION ON THE SITE, THIS SITE IS PROVIDED ON AN “AS-IS” BASIS. COMMENCEMENT BAY CANNABIS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR CONTENT OF THIS SITE OR ANY OTHER SITE TO WHICH IT IS LINKED. TO THE EXTENT PERMITTED BY LAW, COMMENCEMENT BAY CANNABIS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES OF NON-INFRINGEMENT OF ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.

 

15. Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, COMMENCEMENT BAY CANNABIS, ITS DIRECTORS, ITS CONTRACTORS, AND ITS EMPLOYEES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OR MISUSE OF THIS SITE, ANY SITE FOR WHICH IT PROVIDES LINKS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE AND CONSEQUENTIAL DAMAGES. YOUR SOLE REMEDY UNDER THESE TERMS OF USE IS TO STOP USING THE SITE. COMMENCEMENT BAY CANNABIS WILL NOT BE LIABLE FOR ANY REASON IF ALL OR ANY PART OF THE SITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD.

 

COMMENCEMENT BAY CANNABIS’S MAXIMUM LIABILITY, WHETHER BY STATUTE, IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ITS CONTENTS WILL NOT EXCEED $100.

 

16. Indemnification

You agree to defend, indemnify and hold harmless Commencement Bay Cannabis, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any liabilities, damages, judgments, awards, losses, costs, third-party claims, expenses and fees (including reasonable attorneys’ fees), arising from or relating to your violation of these Terms of Use or your use or misuse of the Site, including, but not limited to, your content and any use of the Site Content and services other than as expressly authorized in these Terms of Use.

 

17. Limitation of Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

18. Injunctive Relief

You agree that a breach of these Terms of Use will cause irreparable injury to Commencement Bay Cannabis for which monetary damages would not be an adequate remedy and Commencement Bay Cannabis shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security.

 

19. Waiver and Severability

No waiver by Commencement Bay Cannabis of a term or condition set forth in these Terms of Use shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Commencement Bay Cannabis to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of the Terms of Use will continue in full force and effect.

 

20. Entire Agreement

The Terms of Use constitute the sole and entire agreement between you and Commencement Bay Cannabis with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

 

21. Term and Termination

These Terms of Use will remain in full force and effect while you use the Site. Even after you are no longer a user of the Site, those provisions of these Terms that by their nature are intended to survive will remain binding on you.

You agree that Commencement Bay Cannabis, in its sole discretion, may suspend or terminate your access to the Site (or any part thereof) for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom. 

 

22. Applicable Law, Binding Arbitration, and Class Action Waiver

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

 

The laws of the Puyallup Tribe will govern these Terms of Use and any disputes under them, without giving effect to any principles of conflicts of laws.

 

The parties will negotiate in good faith to resolve expeditiously on a mutually acceptable negotiated basis between appropriate management personnel or individual for each party any dispute between them that may arise. The parties may, by mutual consent, retain a mediator to aid in their attempt to resolve any dispute, although any opinion expressed by a mediator will be strictly advisory and will not be binding on the parties, nor will any opinion, statement, or proposed resolution expressed by the mediator or the parties be admissible in any proceeding. Costs of the mediation will be borne equally by the parties, except that each party will be responsible for its own expenses. Should any dispute, except for matters relating to the enforcement of Commencement Bay Cannabis’s intellectual property rights, not be resolved pursuant to this paragraph of these Terms, despite such good faith efforts, then the parties agree to submit to arbitration administered by JAMS. You will need to pay JAMS $250 and we will pay all other costs. The arbitrator(s) will be neutral and you will have a reasonable opportunity to participate in the process of choosing the arbitrator(s). The arbitration proceedings will be held on the Puyallup Indian Reservation, Tacoma, Washington, although you may appear electronically, if you live more than 60 miles away. During the arbitration proceedings, the parties may need to exchange non-privileged information relevant to the dispute. Any arbitration award may be entered in a court of competent jurisdiction. In the alternative to arbitration, you may seek remedies in small claims court.

 

All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user. The arbitrator may award costs and fees to the prevailing party if it is determined that the other party submitted a claim with no reasonable basis or filed any claim in bad faith.

 

You are giving up the right to litigate a dispute with Commencement Bay Cannabis before a judge or jury. If a dispute arises, you must give Commencement Bay Cannabis written notice and an opportunity to resolve it. Your notice must include your name, your address, a written description of the dispute, and a specific description of the relief you are seeking. If Commencement Bay Cannabis does not resolve the dispute within 45 days after receiving your notice and the parties do not agree to retain a mediator, you may pursue arbitration by sending a written demand for arbitration to Commencement Bay Cannabis at the address listed in Section 23.

 

You may opt out of the agreement to arbitrate by providing written notice of your intention to do so to Commencement Bay Cannabis at the address listed in Section 23 no later than 60 days after initial acceptance of these Terms.  The procedure spelled out herein is the only way to opt out of arbitration, and any attempts to opt out after the deadline set forth herein will be ineffective. Notwithstanding your decision to opt out of arbitration, you still waive the ability to participate in any class or representative litigation.

 

 

23. Communications and Contact Information

Commencement Bay Cannabis may contact you regarding these Terms of Use or the Privacy Notice using any contact information you provide, or by any other means if you do not provide contact information. If you no longer wish to receive communications from Commencement Bay Cannabis, you can click on the “unsubscribe link” provided in such communications or contact us at the address below.

For all other feedback, comments, requests for technical support, and other communications relating to the Site, these Terms of Use, and the Privacy Notice, please contact us at [email protected] or by mail at:

 

Commencement Bay Cannabis

3700 Pacific Hwy. E, Suite 409

Fife, WA 98424

 

 

The Effective Date of these Terms of Use is December 2023.