Craft Cannabis, Inc. - Website Terms of Use

  1. Overview

These terms of use (“Terms of Use”) are entered into between you (“you” and “your”) and Craft Cannabis, Inc. (“Craft Cannabis,” “we,” or “us”).  The Terms of Use govern your access to and use of the Craft Cannabis website at https://craftcannabis.com/ including any content, functionality and services offered on or through it (the “Site”).

By using the Site, you agree to be bound and abide by these Terms of Use.  Craft 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.

Craft 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 Craft Cannabis collects on this Site is subject to our Privacy Notice posted at the Site here.  By using the Site, you consent to all actions taken by us with respect to your Information in compliance with the Privacy Notice.  The Privacy Notice is incorporated into and governed by these Terms of Use.  To the extent there is a conflict, the Terms of Use supersede the Privacy Notice.

All Site Content (as defined below) is current as of the date it is posted on the Site to the best of Craft Cannabis knowledge.

You must be 21 years of age to use the Site. The Site is only intended for residents of the State of Washington.

  1. 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 Craft Cannabis or its licensors and are protected by copyright, trademark and other intellectual property laws, except as indicated below.

The Craft Cannabis name and related logos are trademarks and service marks (“Marks”) of Craft Cannabis.  Craft Cannabis Marks may not be used without advance written permission of Craft Cannabis, including in connection with any product or service that is not Craft Cannabis, in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents Craft 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 Craft Cannabis as described in Section 18.

  1. Limited License And Prohibited Uses

Craft Cannabis grants you a personal, royalty-free, non-assignable, and non-exclusive license to access and use the Site Content in the United States only as an informative resource 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 Craft 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 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” or “spam” or any other similar solicitation.
  • Impersonate or attempt to impersonate Craft Cannabis, a Craft Cannabis employee, another user or any other person or entity (including, without limitation, by using e-mail 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 Craft Cannabis, may harm Craft 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 of the material on the Site or for any other unauthorized purpose without Craft Cannabis 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 not intended for children under 13 years of age.  Craft Cannabis does not knowingly collect Information from children under 13.  If you are under 13, do not use this Site or provide any Information about yourself to Craft Cannabis, including your name, address, telephone number or email address.

  1. Account Registration

To access portions of the Site, you may be asked to provide registration details or other Information.  It is a condition of your use of the Site that all Information you provide is complete, current, and accurate.  All Information you provide to register with the Site or otherwise is governed by our Privacy Notice, and you consent to all actions Craft Cannabis takes with respect to your Information consistent with our Privacy Notice.

  1. Use and Protection of Login Credentials

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

  1. Communications

Upon opting in to receiving text messages through our loyalty program’s enrollment form, you agree and consent to Craft Cannabis and those acting on its behalf sending you text (SMS) messages at the phone number you have provided. These messages may include operational messages about your use of the Site or services, as well as marketing or other promotional messages. Standard text messaging charges applied by your cell phone carrier will apply to all text messages we send. Your agreement to receive promotional texts is not a condition of purchase of any goods or services offered by Craft Cannabis. If you change or deactivate the phone number you provided to Craft Cannabis, you agree to update your account information as soon as practical to help prevent us from inadvertently communicating with anyone who acquires your phone number. You agree that texts, calls, or prerecorded messages may be generated by automatic telephone dialing systems and hereby waive your right to pursue any claims arising under the Telephone Consumer Protection Act (“TCPA”). To the extent any claim under the TCPA is deemed unwaivable, you agree that by using the services or accessing the Site, any such unwaivable claim arising under the TCPA will be arbitrated per Section 17 below.

  1. 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 Craft Cannabis.  Craft Cannabis is not responsible for the content or accuracy of any materials provided by any third parties.

  1. Links To Other Web Sites

Craft 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.  Craft 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.

  1. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE SITE AND CONDUCTING TRANSACTIONS RELATED TO IT ARE AT YOUR SOLE RISK. WHILE CRAFT CANNABIS ATTEMPTS TO PRESENT ACCURATE INFORMATION ON THE SITE, THIS SITE IS PROVIDED ON AN “AS-IS” BASIS.  CRAFT 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, CRAFT CANNABIS DISCLAIMS ALL 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.

CRAFT CANNABIS DOES NOT OFFER MEDICAL ADVICE. ANY INFORMATION ACCESSED THROUGH THE SITE OR THROUGH ANY OF CRAFT CANNABIS ASSOCIATED SOCIAL MEDIA PAGES IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY.

YOU EXPRESSLY ACKNOWLEDGE THAT CRAFT CANNABIS IS FOR RESIDENTS OF WASHINGTON STATE, WHICH HAS LAWS REGULATING MEDICAL OR RECREATIONAL USE OF CANNABIS. YOU FURTHER ACKNOWLEDGE THAT UNDER FEDERAL LAW MARIJUANA IS ILLEGAL, AND CONDUCT INCLUDING, BUT NOT LIMITED TO, THE MANUFACTURING, DISTRIBUTING, DISPENSING, OR POSSESSION OF MARIJUANA CAN SUBJECT INDIVIDUALS TO ARREST AND/OR PROSECUTION FOR DOING SO.

  1. Limitation of Liability

CRAFT CANNABIS, ITS DIRECTORS, AND ITS EMPLOYEES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR 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.  CRAFT 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.

CRAFT CANNABIS 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 CONTENT, WILL NOT EXCEED $100.

  1. Indemnification

You agree to defend, indemnify and hold harmless Craft 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 out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your  content, any use of the Site Content, and services and products other than as expressly authorized in these Terms of Use.

  1. Limitation On 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 THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRED, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  1. Injunctive Relief

You agree that a breach of these Terms of Use will cause irreparable injury to Craft Cannabis for which monetary damages would not be an adequate remedy and Craft 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 or prove damages.

  1. Waiver And Severability

No waiver by Craft 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 Craft 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, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

  1. Entire Agreement

The Terms of Use and our Privacy Notice constitute the sole and entire agreement between you and Craft 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.

  1. 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, certain provisions of these Terms that by their nature are intended to survive will remain in effect, including sections 1, 2, 5, 6, 9-18, and the Privacy Notice.

You agree that Craft Cannabis, in its sole discretion, may suspend or terminate any account or 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.

  1. 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 State of Washington will govern these Terms of Use and any disputes under them, without giving effect to any principles of conflicts of laws.

Any controversy or claim arising out of or relating to this agreement, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, then in effect.  This arbitration provision is governed by the Federal Arbitration Act.  The arbitration proceedings shall be held in King County, Washington.

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.

  1. Communications and Contact Information

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

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:

Craft Cannabis
ATTN: Legal Department
8603 NE Andresen Road
Vancouver, WA 98665
EFFECTIVE DATE: March 2, 2021

Craft Cannabis, Inc. - Privacy Notice

    1. Overview

    Craft Cannabis, Inc. (“Craft Cannabis,” “we,” “us,” and “our”) respects your privacy and is committed to protecting it through compliance with this Privacy Notice (“Privacy Notice”).  This Privacy Notice describes the types of Information we may collect from you when you visit the website at https://craftcannabis.com/ (“Site”), and that you may provide in electronic messages between you and the Site.  It also describes our practices for collecting, using, maintaining, protecting, and disclosing that Information.

    Please read this Privacy Notice carefully to understand our policies and practices regarding your Information and how we will handle it.  If you do not agree with our policies and practices, do not use the Site.  By accessing or using the Site, you agree to this Privacy Notice.

    Craft Cannabis may change this Privacy Notice at any time, at its discretion.  Your continued use of the Site after we make changes is deemed to be acceptance of those changes, so please check the Privacy Notice periodically for updates.

    This Privacy Notice is subject to and governed by the Craft Cannabis Terms of Use (“Terms of Use”) available at the Site here.

    1. The Types of Information That Craft Cannabis Collects About You and How Craft Cannabis Collects Information About You

    Craft Cannabis may collect two types of information from you when you visit the Site: Personal Information and Non-Personal Information (collectively “Information”).

    • “Personal Information” refers to data by which you may be personally identified, such as name, e-mail address, and telephone number.
    • “Non-Personal Information” means data that is about you, but does not identify you specifically. If you do nothing during your visit to our Site but browse, read pages, or view content, we will gather and store Information about your visit that does not identify you personally.

    We collect Information:

    • Directly from you when you provide it to us.
    • Through our business-to-business communications with you.
    • Automatically as you navigate through the Site.

    Information You Provide Directly to Craft Cannabis.  The Information that you provide us directly through our Site may include:

    • Information that you provide by filling in forms on our Site, including our “Contact” form or our loyalty program enrollment form. We may also ask you for Information when you report a problem with our Site. And it may be necessary for you to provide us with Information so we can communicate with you about an inquiry you have.
    • Records and copies of your correspondence (including email addresses), if you contact us.
    • Your responses to surveys that we might ask you to complete.
    • Details of transactions you carry out through the Site.

    Information Automatically Collected from You.  The Information that Craft Cannabis may automatically collect and store about you when you visit the Site may include:

    • The Internet Protocol Address and domain name used. The Internet Protocol address is a numerical identifier assigned either to your Internet service provider or directly to your computer. We use the Internet Protocol Address to direct Internet traffic to you;
    • The type of browser and operating system you used;
    • The date and time you visited the Site;
    • The web pages or services you accessed at the Site;
    • The website you visited prior to coming to the Site; and
    • Cookies, which are small text files that a web server (such as Craft Cannabis or its chosen web hosting company server) places on a user's computer. When accessing a cookie, Craft Cannabis server reads a number associated with a browser, but is unable to determine any data about a user.  With that number, our web server can tailor its content to the needs of the specific browser, and we can optimize the Site for your use.

    Google Analytics Advertising Features.  We also may have the following Google Analytics Advertising Features Implemented: Demographics and Interest reporting, Remarketing, GDN Impression Reporting and Double Click Campaign Manager.  These features collect data using Google advertising cookies and anonymous identifiers.  Craft Cannabis and third-party vendors use these first-party cookies to access the success of online marketing campaigns, inform future campaigns and improve usability on the Site.  To learn how to opt-out of the Google Analytics Advertising Features we use, please see Google Analytics’ currently available opt-outs for the web at https://tools.google.com/dlpage/gaoptout.

    1. How Craft Cannabis Uses Information It Collects About You and the Purpose for the Collection and Use

    We use Information that we collect about you or that you provide to us, including any Personal Information, for the following purposes:

    • To present our Site and the Site Contents (as defined in the Terms of Use) to you.
    • To provide you with data, products, or services that you request from us. For example, when you provide your email address by contacting us, we are able to use your email address to respond to your comment or question personally.
    • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
    • To notify you about changes to our Site or any products or services we offer or provide though it.
    • To communicate with you regarding our products and services, including for marketing purposes.
    • To personalize our services and advertising to you.
    • To fulfill your orders through our online reservation system.
    • In any other way we may describe when you provide the Information.
    • To fulfill any other purpose for which you provide it.
    • For any other purpose with your consent.
    • To improve our Site and services and to develop new services.

    Site statistics are compiled into traffic reports, which help Craft Cannabis understand, anticipate, and respond to user needs.  If we learn, for example, of heightened interest in certain aspects of Craft Cannabis website, we are likely to highlight that information on the Site home page.  This Information helps us create a better overall experience for Site users.

    Craft Cannabis will retain your Information for as long as necessary to provide the services you have requested, comply with our legal obligations, resolve disputes, enforce our agreements, and other legitimate and lawful business purposes.

    1. How Craft Cannabis Protects Your Information

    We have implemented measures designed to protect your Information from accidental loss and from unauthorized access, use, alteration, and disclosure.  Unfortunately, the internet is not completely secure.  Although we are working to protect your Information, we cannot guarantee the security of your Information either in transmission or when stored.  We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

    1. When Craft Cannabis Shares Your Information

    We may use and disclose Non-Personal Information about our users without restriction.  We may disclose Personal Information that we collect or you provide as described in this Privacy Notice:

    • To our subsidiaries and affiliates, including third party payment facilitators.
    • To contractors, service providers, and other third parties we use to support our business, as described further below.
    • To a buyer or other successor (potential or actual) in connection with a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Craft Cannabis assets, including any related due diligence.
    • To fulfill the purpose for which you provide it.
    • For any other purpose disclosed by us when you provide the Information.
    • With your consent.
    • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
    • To enforce or apply our Terms of Use.
    • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Craft Cannabis or others.

    Except as described above, Craft Cannabis does not sell any of your information.

    1. Third Parties Providing Services On Our Behalf

    We use third parties to host the Site, design and operate the Site features, support our online reservation system, and perform administrative, analytics, payment processing, and communications services.  Services these third parties provide include enabling Craft Cannabis to send you email newsletters and providing information to Craft Cannabis about the use of the Site and viewing of our content.  We may disclose your Information to these companies so they can carry out these services.  These companies are bound by contractual obligations to keep Information confidential.

    1. Information From Children Under 13

    Craft Cannabis complies with the requirements of the Children’s Online Privacy Protection Act and related regulations.  The Site is not directed at children, and Craft Cannabis does not knowingly collect any Information from children under 13 years of age.  If Craft Cannabis learns that a child under 13 years of age has provided Information, Craft Cannabis will delete this Information from its databases.  If you are under 13, do not use this Site or provide any Information about yourself to Craft Cannabis, including your name, address, telephone number or email address. If you become aware that Information of a child under 13 years of age has been provided, please contact us at [email protected]

    1. Links to Other Websites and Services

    We are not responsible for the practices employed by websites or services linked to or from the Site, including the information or content contained therein.  Our Privacy Notice does not apply to third-party websites or services.

    1. Do Not Track

    Some browsers incorporate a "Do Not Track" (“DNT”) feature that, when turned on, signals to websites and online services that you do not want to be tracked.  At this time, the Site does not respond to DNT signals.

    1. Your Choices About Information

    If you choose not to provide Information, you may be unable to access or use all portions of the Site.  We send promotional and marketing communications only with your consent.  If you no longer wish to receive these or other communications, send us an email at [email protected].  You can also stop receiving email communications from us by clicking on the “unsubscribe link” provided in such communications.  You may opt-out of receiving marketing/promotional text messages from Craft Cannabis at any time by replying STOP to a marketing/promotional text message.

    If you opt out of receiving marketing/promotional emails and/or text messages, we may still send you non-promotional emails, such as emails about your accounts or our ongoing business relations. Please report your concerns about collection or use of Personal Information through the Site to [email protected].

    1. Your California Privacy Rights

    California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us at the physical address or email address included below.

    1. How To Contact Us About This Privacy Notice

    To ask questions or comment about this Privacy Notice and our privacy practices, contact us at [email protected] or by mail at:

    Craft Cannabis
    ATTN: Legal Department
    8603 NE Andresen Road
    Vancouver, WA 98665
    EFFECTIVE DATE: March 2, 2021