PLEASE READ THESE WEBSITE TERMS OF SERVICE (THE “TERMS OF SERVICE” OR “TOS”) CAREFULLY. THIS TOS REQUIRES YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US, AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN A CLASS ACTION FORMAT. SEE “DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY” AND “GOVERNING LAW; DISPUTE RESOLUTION” SECTIONS FOR DETAILS.
By entering, accessing, browsing, submitting information to, or otherwise using this Website (defined below), including the websites of its affiliates operating in the United States, which collectively are referred to as “Parkway Dispensary” and all such websites collectively being referred to as “this Website”, you agree to be bound by these Website Terms of Service. As used herein, “we”, “us”, and “our” refer to, individually and collectively as may be applicable, Parkway Dispensary and its operating affiliates in the United States, including, without limitation, The 1937 Group, Ltd. Helios Labs, LLC, Highwaymen Security, LLC, Molly’s Joint, LLC, Molly’s Lounge, LLC.
Certain sections or pages on the Website may contain separate terms, conditions, disclosures, or disclaimers, which are in addition to the Website Terms of Service. In the event of a conflict, the additional terms, conditions, disclosures, and disclaimers will govern those sections or pages. These TOS are in addition to those that apply to any accounts or services you may have with us.
Further, these services offered by Parkway Dispensary through this site are available only to users in the State of Illinois. Only users who reside in those designated states may reserve products through this site.
The owner of the Website is based in the State of Illinois in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Cannabis remains a Schedule I substance. The cultivation, processing, sale, and possession of cannabis and products containing cannabis, the manufacture, sale, and possession of cannabis paraphernalia, and advertising the sale of cannabis, cannabis products and cannabis paraphernalia are illegal under the federal laws of the United States and certain state laws. You are responsible for complying with the applicable laws regarding cannabis in your jurisdiction. All cannabis products are intended for personal use only in the jurisdiction in which they are sold. Distribution to persons under the age of 21 and transportation of cannabis or cannabis products across state lines is strictly prohibited.
Privacy
Our privacy policy located at parkwaydispsensary.com (“Privacy Policy”) governs our collection and use of information we collect about you and your rights in and to such information. By using the Website or any of our products or services, you expressly consent to our Privacy Policy, which is incorporated into this TOS by this reference.
Restrictions and Related Terms
The information provided on the Website and any other holding interest of ours is not to be reproduced, manipulated, copied, derived, distributed or used for any purpose other than for your own personal information and visual representation without our express written consent. You represent and warrant that you will not use any robot, spider, scraper, survey or other automated means to access any web pages or assets contained in the Website, Website Content or Service for any purpose.
You are strictly forbidden from:
Compromising the integrity of the Website. This could include probing, scanning, or testing the vulnerability of the Website system or network.
Tampering with, reverse-engineering, or hacking our services, circumventing any security or authentication measures, or attempting to gain unauthorized access to the services, related systems, networks, or data.
Modifying, disabling, or compromising the integrity or performance of the Website or related systems, network or data.
Deciphering any transmissions to or from the servers running the Website.
Overwhelming or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consumes extraordinary resources (CPUs, memory, disk space, bandwidth, etc.).
Placing orders through the Website that we, in our sole reasonable discretion, are designed to disrupt or interfere with the ordinary management of our inventory or processing of customer orders. Further, subject only to applicable laws and regulations, we reserve the right, in our sole discretion, to limit the quantity of products that you may order through the Website or at any of our store locations.
Misrepresenting yourself or any information you provide to us through the use of the Website or otherwise.
Using the Website to violate the privacy of others, including publishing or posting other people's private and confidential information without their express permission or collecting or gathering other people’s personal information (including account names or information) from our services.
Using the Website to harass or post direct, specific threats of violence against others.
Using the Website for any illegal purpose or violating any laws (including without limitation data, privacy, and export control laws).
Accessing the Website by any means other than our publicly supported interfaces (for example, “scraping”).
Using the Website to generate or send unsolicited communications, advertising, chain letters, or spam.
Soliciting our customers for commercial purposes unless expressly permitted by us in writing.
Disparaging us or our partners, vendors, or affiliates.
Promoting or advertising products or services other than your own without our express prior written authorization.
Eligibility
The Website is intended solely for users who are (i) twenty-one (21) years of age and older; or (ii) eighteen (18) years of age and older and in possession of a valid medical marijuana registration card. You represent and warrant either that you are twenty-one (21) years of age or older, or if you are eighteen (18) years of age or older, that you have a valid medical marijuana registration card. Certain parts of the Website may be subject in whole or in part to heightened age and/or other eligibility requirements. As such, you may be asked to verify that you meet the heightened age and/or other eligibility requirements during your use of the Website or Services, and you hereby agree that you shall not misrepresent your age. Further, you represent and warrant that any party you invite to use the Website or participate in any of the Services with you is also of legal age as described above. Without limiting the foregoing, the Website and Services are unavailable to minors.
Your Details
When you sign up on our website, you will be asked to choose a contact e-mail address, and we will send you an email containing a link to your unique password. If you are a medical cannabis patient, make sure you sign up using the same email address you use for the state’s medical cannabis program. You should keep your password safe and not disclose it to anyone. You should change it immediately if you feel it has been compromised.
We will process the transaction, subject to TOS limitations, and once your order is accepted, the contract will be formed after you make the payment for the goods. Available payment includes cash, credit, or debit card.
Communications
By providing your email address to us, you are consenting to receive e-mail marketing communications from us until you opt-out. You can opt-out of such e-mail marketing communications by following the opt-out instructions you receive in any such e-mail. Note that opting out may prevent you from receiving email messages regarding updates, improvements, or special offers.
Use of the Site
You agree that you will not engage in any activities related to the Website that are contrary to applicable law, regulations or the terms of any agreements you may have with us, our vendors, or other third parties in connection with your use of this Website. You further agree to establish commercially reasonable security procedures and controls to protect any of your confidential information. Further, you agree not to misuse this Website or its contents. If you need accommodations in order to use this Website, please contact our customer service staff by sending an e-mail to the e-mail address or calling the telephone number located at "Contact me" on this Website.
We grant you a non-exclusive, non-transferable, limited right and license to access, use and privately display the Website and the materials thereon for your personal use only, provided that you comply fully with these TOS. You have no right to sublicense the license rights granted in this section. You shall not interfere (or permit the use of your account by a third party to interfere) or attempt to interfere with the operation or use of the Website by other members in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means. Except as permitted above, this Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent.
You are specifically restricted from all of the following:
publishing any Website material in any other media;
selling, sublicensing and/or otherwise commercializing any Website material;
publicly performing and/or showing any Website material;
using this Website in any way that is or may be damaging to this Website;
using this Website in any way that impacts user access to this Website;
using this Website contrary to applicable laws and regulations, or in any way may cause
harm to the Website, or to any person or business entity;
engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
using this Website to engage in any advertising or marketing.
Notice Regarding Medical Advice
THIS SITE DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE SITE MATERIALS, SUCH AS TEXT, GRAPHICS, IMAGES, AND INFORMATION OBTAINED FROM THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THIS SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
Use of Information Included on this Website
All information provided on the Website is intended for informational purposes only. All information is believed to be reliable but is not warranted to be accurate, timely, or complete, nor is any information intended to constitute advice. Many factors unknown to us may affect the applicability of any statement or comment made on the Website to your particular circumstances.
Billing and Payment
Customers may place orders with various dispensaries via this Website, but the website does not request customer debit or credit card information online and does not process payments online at the time of ordering. Upon pickup of your order, you may pay in cash or by debit card.
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
“The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your payment method.
For any undamaged product, simply return it with its included accessories and packaging along with the original receipt (or gift receipt) within 14 days of the date you receive the product, and we will exchange it or offer a refund based upon the original payment method. In addition, please note the following: (i) Products can be returned only in the country in which they were originally purchased; and (ii) the following products are not eligible for return: [cleaners, used products of any sort, opened packages or wraps or papers, gloves, CBD, CBG or DELTA products
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
When we receive a valid warranty claim for a product purchased from us, we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for shipment of repaired or replaced products to customer and customer will be responsible for return shipment of the product to us.
Disclaimer of Warranty and Limitation of Liability
WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, QUALITY, ADEQUACY OR CONTENT OF ANY INFORMATION OR TOOL ON THIS WEBSITE OR ANY OTHER WEBSITE LINKED OR REFERENCED ON THIS WEBSITE, AND EXPRESSLY DISCLAIM LIABILITY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE OR ANY OTHER WEBSITE LINKED OR REFERENCED ON THIS WEBSITE.
SUCH INFORMATION OR TOOL IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED CONDITIONS AND WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE PROVISIONS REGARDING IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, LOST PROFITS, OR PROSPECTIVE ECONOMIC ADVANTAGE, RESULTING FROM ANY USE OR MISUSE OF THIS WEBSITE OR ANY OTHER WEBSITE LINKED OR REFERENCED ON THIS WEBSITE, OR RELIANCE ON THE INFORMATION, DOCUMENTS, SOFTWARE OR CONTENT HEREOF OR THEREOF, IN CONNECTION WITH ANY NEGLIGENCE, FAILURE TO MAINTAIN YOUR ACCOUNT INFORMATION, FAILURE OF PERFORMANCE, ERROR, DELAY, DEFECT, VIRUS, SYSTEM FAILURE, OR ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND YOUR SITE ACCESSING PROGRAM, OR ANY PROBLEM CAUSED OUTSIDE OF OUR CONTROL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH ARE REASONABLY FORESEEABLE. FURTHERMORE, WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES.
Indemnification
BY USING THE SITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN; YOUR USE OF THIS SITE AND/OR THE MATERIAL IN VIOLATION OF THESE TERMS OF USE; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND PARKWAY DISPENSARY’S USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN PARKWAY DISPENSARY’S DEFENSE OF ANY CLAIM. PARKWAY DISPENSARY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF PARKWAY DISPENSARY.
Submissions
All information submitted to Parkway Dispensary via this Website shall be deemed the property of Parkway Dispensary. Parkway Dispensary will be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information a visitor to this Website provides to Parkway Dispensary through this Website. Parkway Dispensary shall not be subject to any obligations of confidentiality regarding submitted information except as expressly agreed by Parkway Dispensary executing a confidentiality agreement or as otherwise required by law.
Available Only Where Permitted by Law
The products and services described on this Website are only offered in jurisdictions where they may be legally offered for sale. This Website is not intended for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would be contrary to local law or regulation.
Copyrights, Trademarks, & Restrictions
The Website and all of the content it contains, or may in the future contain, including but not limited to text, video, pictures, graphics, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property (collectively, the “Material”) that relates to the Website are owned by or licensed by Parkway Dispensary or other third parties and are protected from any unauthorized use, copying and dissemination by copyright, trademark and other intellectual property and non-intellectual property laws and by international treaties
UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING, SCRAPING, SELLING, POST, REVERSE ENGINEER, OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED.
Any use of the Material other than as permitted by this Agreement will violate this Agreement and may infringe upon our rights or the rights of the third party that owns the affected Material. You agree to report any violation of this Agreement by others of which you become aware. You are advised that Parkway Dispensary will aggressively enforce its rights to the fullest extent of the law. We may add, change, discontinue, remove or suspend the display of or access to any of the Material at any time, without notice and without liability.
All information at this Website is protected under the copyright laws of the United States and other countries. In addition, certain information may have been copyrighted by others. Unless otherwise specified, no one has permission to copy, redistribute, reproduce or republish in any form, any information found at this Website. Inquiries about permission should be directed to:
Contact@parkwaydispensary.com
No Resale/Exploitation
You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Website for any commercial purpose. Non-United States Residents: Parkway Dispensary operates the Website in the United States. We make no representation that the Materials are appropriate or available for use in locations other than the United States. If you access the Website from locations outside of the United States, you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Enforceability
In the event any part of this Website is declared by any court or other judicial or administrative body to be null, void or unenforceable, said provision shall survive to the extent it is not so declared, and all other provisions of this Website shall remain in full force and effect.
Governing Law; Dispute Resolution
This TOS will be governed by and construed under the substantive laws of the State of Illinois as if they were a contract wholly entered into and wholly performed within Illinois and without reference to conflict-of-laws considerations.
ANY DISPUTE RELATING IN ANY WAY TO THIS TOS OR THE RELATIONSHIP BETWEEN THE PARTIES SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN COOK COUNTY, ILLINOIS AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT A SINGLE ARBITRATOR WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. IT IS FURTHER AGREED THAT ANY DISPUTE OVER THE SCOPE OF THIS ARBITRATION PROVISION AND ANY DISPUTE AS TO WHETHER A CLAIM IS ARBITRAL SHALL BE SUBMITTED TO THE ARBITRATOR FOR DECISION. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE HAVE A CAUSE OF ACTION IN EQUITY, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY COURT OF COMPETENT JURISDICTION AND YOU CONSENT TO JURISDICTION AND VENUE IN ANY SUCH COURT FOR SUCH PURPOSES. ARBITRATION IN CONNECTION TO THIS TOS SHALL BE CONDUCTED UNDER THE CONSUMER-RELATED DISPUTES SUPPLEMENTARY RULES THEN PREVAILING WITH THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR'S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Force Majeure
Parkway Dispensary will not be liable for lost Product reservations. Product unavailability or nonperformance of any of its obligations hereunder or its performance of the service to the extent that such performance is prevented, prohibited or delayed, or such loss or destruction is caused by any circumstance for reasons beyond its control including without limitation, labor disputes, fire, flood, natural disaster, war blockage, military operations, riot, plant breakdown, power outage, or computer or other equipment failure, provided that Parkway Dispensary completes performance of the service within a reasonable time after such circumstances are resolved.
Changes
From time to time, we may change these Terms. We, at our own discretion, reserve the right to make these changes without notice. You are responsible for regularly reviewing these Terms, and your continued use of the Website following any changes indicates your acceptance of those changes.
Severability
In the event that any provision of these TOS is determined to be unlawful, void, or unenforceable, such provisions shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these TOS, such determination shall not affect the validity and enforceability of any other remaining provision.
Contact Information
Questions about the Terms of Service should be sent to contact@the1937group.com.