Effective July 1, 2023
PLEASE READ THESE TERMS OF SERVICE (“TERMS”) CAREFULLY BEFORE USING OUR WEBSITE. THESE TERMS INCLUDE A MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISION, WARRANTY DISCLAIMERS, AND LIMITS ON OUR LIABILITY THAT DEFINE AND IMPACT YOUR LEGAL RIGHTS. BY ACCESSING THIS WEBSITE IN ANY MANNER YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE.
These Terms of Service ( “Terms” or “Agreement”) set forth the legal terms and conditions governing your use of this website located at www.market-96.com and any other online and mobile website, domain, information portal and social media (collectively “Site” or “Sites”) operated by Blounts&Moore, LLC d/b/a Market 96, Blounts&Moore Holdings Illinois, LLC, or its affiliates (collectively, “B&M/Market 96,” “us,” “our,” or “we”) unless a different policy is provided on a particular site, application or service, in which case such different policy shall govern and control. Users of the Site will be referenced as “you,” “your,” or “guests.” The Site, associated products and services, events, and programs will be collectively referenced as “Services.”
Certain sections or pages on this Site may contain separate terms, conditions, disclosures, or disclaimers, which are in addition to the Terms. In the event of a conflict, the additional terms, conditions, disclosures, and disclaimers will govern those sections or pages. These Site Terms of Service are in addition to those that apply to any accounts or services you may have with us.
The Site is intended solely for users who are 21 years of age and older. You represent and warrant that you are 21 years of age or older. Further, you represent and warrant that any party you invite to use the Site or participate in any of the Services with you is also of 21 years of age or older. The Site and Services are not intended for or available to children or minors.
Cannabis remains a Schedule I drug in the United States. 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, including but not limited to laws regulating possession limits. 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.
The products and services referenced in this Site are only offered in Illinois where they may be legally offered for sale. This Site 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.
NOTICE REGARDING MEDICAL ADVICE
THIS SITE DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. B&M/MARKET 96 MAKES NO CLAIMS WITH RESPECT TO THE USE OR CONSUMPTION OF ANY PRODUCTS. NONE OF THE INFORMATION OR PRODUCTS MADE AVAILABLE BY B&M/MARKET96 ARE INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL PROBLEM OR CONCERN. ALL SITE MATERIALS, INCLUDING BUT NOT LIMITED TO TEXT, GRAPHICS, IMAGES, AND OTHER INFORMATION HAVE BEEN PREPARED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER REGARDING ANY QUESTIONS YOU HAVE ABOUT A MEDICAL CONDITION OR WHETHER YOU SHOULD USE CANNABIS. NEVER DISREGARD OR DELAY SEEKING PROFESSIONAL MEDICAL ADVICE OR CARE BASED UPON INFORMATION YOU OBTAINED THROUGH THIS SITE.
You agree that you will not engage in any activities related to this Site that are contrary to applicable law, regulations or the terms of any agreements you may have with B&M/Market 96, its vendors, or other third parties in connection with your use of this Site. 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 Site or its contents. If you need accommodations in order to use this Site, please contact our customer service staff by sending an e-mail to [email protected]. Please indicate the word “Accommodation” in the subject line.
B&M/Market 96 grants you a non-exclusive, non-transferable, limited right and license to access, use and privately display the Site and the materials thereon for your personal use only, provided that you comply fully with these Terms. 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 Site 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. You represent and warrant that you will not use any automated means to access the web pages or assets contained on the Site, Site Content or Service for any purpose. Except as permitted above, this Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of B&M/Market 96.
ACCURACY OF INFORMATION, PRODUCTS, AND PRICING
We attempt to ensure that information provided through the Site is complete, accurate, and current. Except as prohibited by applicable law, we make no representation as to the completeness, accuracy, or currency of any information provided through the Sites. B&M/Market 96 shall not be responsible for any errors or omissions on the Site; however, when we discover an error we will endeavor to correct it as soon as possible and notify any customers who we are aware are materially impacted. We reserve the right to amend errors or to update product information at any time without prior notice.
Not all products that appear on the Sites are offered for sale in all stores. Products shown on the Sites may appear differently in the dispensary/retail establishment.
The Sites may provide you with pricing for products that are carried by us both in the dispensary/retail establishment and/or online. The prices displayed (in U.S. dollars) for products available for purchase via the Site may only represent the applicable retail prices, and may not consist of taxes, delivery fees, or other applicable charges. Before you complete an order, all such applicable charges will be provided to you. The pricing shown to you through use of the Site may only be good for purchases made through the Site and may differ from in-store/dispensary pricing.
Please note that the current price for and availability of a product may differ from the price displayed when the product was first placed in your shopping cart. Price and availability information is subject to change without notice.
DISCOUNTS AND SPECIAL OFFERS
The Site may display, include, or make available coupons, special offers, promotional codes, giveaways, samples, and other offers from B&M/Market 96 (“Deals”). B&M/Market 96 displays these Deals on the Site as a form of advertisement. All Deals may be subject to additional terms, conditions, or restrictions under applicable law, regardless of whether such additional terms, conditions or restrictions are expressly included on the Site.
The Site may consist of features or links to third party sites permitting you to place an order with us for pick-up at one of our dispensaries/retail establishments. All orders are subject to acceptance by us, and we will confirm such acceptance in a communication to you.
Prior to pick-up, we reserve the right, without prior notice, to cancel or limit the order quantity on any product or service and/or to refuse service to any user. For example, we may limit or prohibit orders that, in our sole judgment, appear to be placed in violation of these Terms or applicable law, are processed as a result of any fraudulent or misleading activity, or are placed by dealers, resellers, or distributors. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the contact information provided at the time the order was made. We also may require verification of information prior to the acceptance of any order.
ACCOUNT(S) CREATION AND MAINTENANCE
In order to use certain features of the Sites (e.g., to use any e-commerce related services) or participate in the Services, you may be required to create one or more Account(s) and provide certain information about yourself. You represent and warrant that all registration information you submit is truthful and accurate, and that you will maintain the accuracy of such information at all times. You may not create more than one Account(s) per Account(s) type.
You agree that you are solely responsible for maintaining the confidentiality of your Account(s) login information and are fully responsible for all activities that occur under your Account(s). You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account(s) or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.We may suspend or terminate access to your Account(s) in its sole and absolute discretion. In the case that your Account(s) is terminated, these Terms shall remain, to the extent applicable, in full force and effect.
Customers may place orders with various Market 96 locations via the Site, but B&M/Market 96 does not request customer debit or credit card information online and does not process payments online at the time of ordering. Upon pick-up of your order, you may pay with cash or debit card.
USE OF INFORMATION INCLUDED ON THE SITE
All information provided on this Site is intended for informational purposes only. All information is believed to be reliable, but is not guaranteed to be accurate, timely or complete, nor is any information intended to constitute advice. Many factors unknown to B&M/Market 96 may affect the applicability of any statement or comment made on the Site to your particular circumstances.
COLLECTION AND USE OF PERSONAL INFORMATION
While using the Site, you may be asked to provide certain Personal Information that can be used to contact or identify you. Identifying Information may include, but is not limited to, your email address, name, date of birth, phone number, residential address, driver’s license or other or any other information you voluntarily provide.
This information is collected for the purpose of providing the Service in accordance with applicable laws and regulations within the jurisdiction, identifying and communicating with you, responding to your requests/inquiries, servicing your purchase orders, authentication, payment and improving our services.
DISCLAIMER OF WARRANTY AND LIMITED LIABILITY
B&M/MARKET 96 DOES NOT WARRANT THE ACCURACY, COMPLETENESS, QUALITY, ADEQUACY OR CONTENT OF ANY INFORMATION OR TOOL ON THIS SITE OR ANY OTHER SITE LINKED OR REFERENCED ON THIS SITE, AND DISCLAIM LIABILITY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE OR ANY OTHER SITE LINKED OR REFERENCED ON THIS SITE.
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.
B&M/MARKET 96 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 SITE OR ANY OTHER SITE LINKED OR REFERENCED ON THIS SITE, OR RELIANCE ON THE INFORMATION, DOCUMENTS, SOFTWARE OR CONTENT HEREOF OR THEREOF, IN CONNECTION WITH ANY NEGLIGENCE, FAILURE OF PERFORMANCE, ERROR, DELAY, DEFECT, VIRUS, SYSTEM FAILURE, OR ANY INCOMPATABILITY BETWEEN THE SITE AND YOUR SITE ACCESSING PROGRAM, OR ANY PROBLEM CAUSED OUTSIDE OF B&M/MARKET 96 CONTROL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH ARE REASONABLY FORSEEABLE.
All information submitted to B&M/Market 96 via this Site shall be deemed the property of B&M/Market 96. B&M/Market 96 will be free to use, for any purpose, any idea, concepts, or techniques contained in information a visitor to this Site provides to B&M/Market 96 through this Site. B&M/Market 96 shall not be subject to any obligations of confidentiality regarding submitted information except as expressly agreed by B&M/Market 96 executing a confidentiality agreement or as otherwise required by law.
THIRD PARTY SITES AND HYPERLINKS
Links to other Sites or references to other products, services or publications do not imply the endorsement or approval of such Sites, products, services or publications by B&M/Market 96. Third party Sites reached through links from this Site may also have privacy and security policies different from B&M/Market 96 and may provide less security. B&M/Market 96 is not responsible for the collection, use, or security of information by companies outside of B&M/Market 96 that may be linked to on this Site. If you choose to access any software available through links from this Site, you should take reasonable and appropriate precautions to scan for computer viruses and ensure compatibility of the software with your specific computer system. You should also ensure that you have a complete and current backup of the information contained on your computer system prior to installing such software. Please review the privacy and security policies of Sites reached through links from this Site.
COPYRIGHTS AND RESTRICTIONS
The Site 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 Site are owned by or licensed by B&M/Market 96 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.
Except as expressly permitted in writing by B&M/Market 96, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute or exploit, in whole or in part, any of the Material. Nothing contained in these Terms of Service or on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of B&M/Market 96 or such third party that may own the Material or intellectual property displayed on the Site.
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 B&M/Market 96 will enforce its rights to the fullest extent of the law.
B&M/Market 96 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 Site 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 Site. Inquiries about permission should be directed to [email protected]. Please indicate “Copyright” in the subject line.
NO RESALE OR EXPLOITATION
You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Site for any commercial purpose. Non-United States Residents: B&M/Market 96 operates the Site in the United States. B&M/Market 96 makes no representation that the Materials are appropriate or available for use in locations other than the United States. If you access the Site 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.
In the event any part of this Site 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 Site shall remain in full force and effect.
These Terms of Service 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 THESE TERMS OF SERVICE 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.
HOW TO CONTACT US
96 527 S. Wells Street, Suite 100
Chicago, Illinois, 60607
© Blounts&Moore, LLC 2023