These Terms of Use apply to our websites, microsites, and mobile versions of these websites (the “Website”) that expressly adopt and display or link to these terms of use (the “Terms of Use”), as may be revised from time to time, and that are owned, operated or controlled by Riviera Creek Holdings LLC and its affiliates (“Riviera Creek”, “we”, “our”, or “us”). By accessing and using the Website, the user (“you” or “your”) acknowledges and agrees to accept and be bound by these Terms of Use.
THESE TERMS OF USE CONTAIN A MANDATORY DISPUTE RESOLUTION PROVISION THAT INCLUDES A BINDING ARBITRATION AGREEMENT WITH A CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. THE ARBITRATION PROVISION REQUIRES THAT DISPUTES BE RESOLVED IN INDIVIDUAL ARBITRATION OR SMALL CLAIMS COURT PROCEEDINGS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE REVIEW CAREFULLY.
Cannabis Compliance: Riviera Creek is a licensed cannabis cultivator and processor. We do not provide cannabis directly to individuals. If you want to purchase cannabis products connected with Riviera Creek, please buy only from licensed dispensaries or other authorized retailers and make sure the seller is properly licensed.
Medical Disclaimer: Nothing in the content, products or services offered by Riviera Creek should be considered, or used as a substitute for, medical advice, diagnosis, or treatment. This Website and its services do not constitute the practice of any medical, nursing, or other professional health care advice, diagnosis, or treatment. You should always talk to your health care provider for diagnosis and treatment, including your specific medical needs. Riviera Creek does not represent or warrant that any particular service or product is safe, appropriate, or effective for you. You should always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions.
Content: All Website content, including, without limitation, all text, graphics, audio, video, music, icons, images, hyperlinks, advertising copy, displays, products, HTML code and scripts (collectively, the “Website Content”), and the collection, arrangement and assembly of the Website Content, is the property of Riviera Creek and its sponsors, distributors, or licensors, and is protected by copyright law and other U.S. and international laws and treaties. You are granted no right, title or interest in or to the Website Content other than the limited license expressly set forth in these Terms of Use. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into a website or in any way exploit the Website Content, or any portion thereof, without the express written permission of Riviera Creek.
Use of Website Content: The Website, including all Website Content, is provided as a resource for users to learn more about Riviera Creek and its products. Subject to these Terms of Use, you are hereby granted a non-exclusive, non-transferable, limited, revocable license to access and use the Website and the Website Content for your own non-commercial purposes. All rights not expressly granted are reserved by Riviera Creek and its licensors. This limited license may be revoked at any time for any reason or no reason.
Trademarks: All rights regarding any trademarks, trade names, service marks, logos and/or trade dress (collectively, “Marks”) contained in, or used in connection with, the Website are expressly reserved by Riviera Creek and its licensors. The Marks, and all associated logos or images, are registered and/or common law trademarks, and are protected by U.S. and international laws and treaties. No license with respect to the use of the Marks is granted to you under these Terms of Use or by virtue of your use of the Website. The Marks may not be copied, imitated or used, in whole or in part, without the prior written consent of Riviera Creek or the applicable rights holder.
User Information: Some functionality of the Website may require the transmission of information provided by you (“User Information”). User Information may include, but is not limited to, your name, address, email address, and telephone number. You agree to keep the User Information provided to the Website current at all times and to promptly update such information to the extent of any change. By using such functionality, you consent to the transmission of User Information to Riviera Creek and/or its agents and authorize Riviera Creek and/or its agents to record, process, and store such User Information as necessary for the Website functionality and for the purposes described in the Privacy Policy located here, which is incorporated herein by reference.
Loyalty Program: We offer a loyalty program in connection with the products you purchase from our licensed dispensaries. By enrolling, you agree that:
- Rewards have no cash value.
- Points cannot be transferred.
- Points may expire or be modified if required by law or program changes.
- We may suspend or terminate accounts engaged in fraud, abuse, or misuse.
- We reserve the right to modify, suspend, or discontinue the loyalty program at any time.
- Gift card rewards and third-party rewards are subject to the terms of their respective providers.
The loyalty program is subject to our End User License Agreement made available to users when downloading or accessing our mobile application.
Product Descriptions: Riviera Creek makes all reasonable efforts to display the products for sale at eligible dispensaries as accurately as possible. However, the display and color capabilities of your computer or other device may affect the image actually seen on your screen. Riviera Creek cannot guarantee that your monitor’s display of any product color, texture or detail will be accurate. In addition, Riviera Creek does not warrant that any product descriptions, pricing, availability or other content on the Website are accurate, complete, reliable, current or error free. From time to time, the Website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, and availability. If a product offered on the Website is not as described, your sole remedy is to return it. Riviera Creek reserves the right to revise the price, description, and/or availability of products without notice. In addition, Riviera Creek reserves the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer. Please note that all cannabis purchases must be completed through licensed Ohio dispensaries in accordance with Ohio law, and Riviera Creek does not process returns, exchanges, or refunds for cannabis products. Questions regarding returns should be directed to the dispensary from which the product was purchased.
User Content: The Website may allow you to upload photographs, videos, or other content (“User Content”). You will be solely responsible for the User Content and the consequences of submitting and publishing the User Content via the Website and related Riviera Creek platforms. You will retain ownership of all User Content and hereby grant to Riviera Creek a non-exclusive, royalty-free, transferable, worldwide right and license to use, reproduce, modify, adapt, publish, translate, transmit, distribute and display the User Content via the Website and related Riviera Creek platforms and for our business purposes. You also grant to the other users of the Website and related Riviera Creek platforms a non-exclusive license to access the User Content via the Website and related Riviera Creek platforms, and to use, reproduce, distribute and display such User Content as permitted through the functionality thereof and subject to these Terms of Use. You grant Riviera Creek the right to identify you as the author of any such User Content by name, email address, or screen name, and you acknowledge that Riviera Creek has the right, but is not obligated, to use any such User Content and that Riviera Creek may cease utilizing such User Content at any time for any reason. You agree not to submit, upload, or otherwise make available via the Website any content or materials (i) that are unlawful, threatening, abusive, harassing, defamatory, libelous, obscene, vulgar, profane, injurious to third parties, or which invade another person’s privacy, further the commission or concealment of a crime, or are otherwise objectionable; (ii) infringe the copyright or other intellectual property rights of a third party; or (iii) with respect to which you do not have the rights necessary to transmit and publish such content or materials, or to grant Riviera Creek the license to use such content or materials as described herein. You acknowledge that Riviera Creek has no obligation to monitor or screen User Content submitted to the Website, but that Riviera Creek shall have the right (but not the obligation) to reject, remove or delete any User Content that violates these Terms of Use or that is otherwise objectionable.
Third-Party Content: You understand and agree that Riviera Creek does not control and is not responsible for any content made available on the Website by other users. Your use of, or reliance on, any information contained in such third-party content is at your sole risk. Under no circumstances will Riviera Creek be liable for any such third-party content or for any loss or damage resulting from your use of, or reliance on, such third-party content.
Employment Applications. The Website may allow you to submit an application for employment with Riviera Creek. By submitting an application, you represent that all information and materials you provide are true, accurate, and complete. You authorize Riviera Creek to use, review, retain, and disclose such information to its affiliates, employees, contractors, service providers, and advisors as reasonably necessary to evaluate your application and otherwise consider you for employment opportunities with Riviera Creek.
Links: The Website may include links to third party websites not operated by Riviera Creek. These links are provided for your convenience and in no way signify any endorsement of any such websites or the content thereof. ACCESS TO ANY SUCH LINKED SITE IS AT YOUR OWN RISK, AND RIVIERA CREEK WILL NOT HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO SUCH SITES AND/OR THEIR CONTENT, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH ANY USE OF OR RELIANCE ON ANY SUCH CONTENT, OR ANY GOODS OR SERVICES, AVAILABLE ON OR THROUGH ANY SUCH SITE.
Acceptable Use: Your permitted use of the Website and Website Content is limited to the standard functionality of the Website. In no event may the Website be used in a manner that (i) is unlawful, fraudulent or deceptive, (ii) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any third-party (including, without limitation, the rights of publicity or other proprietary rights), (iii) uses technology or other means not authorized by Riviera Creek to access Website Content, (iv) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment, (v) attempts to gain unauthorized access our systems or user accounts, (vi) encourages conduct that would constitute a criminal offense or that gives rise to civil liability, (vii) attempts to damage, disable or overburden our servers or networks, or (viii) fails to comply with applicable third party terms. You must comply with all applicable third-party terms (e.g., wireless carrier terms of service) at all times while using the Website. Riviera Creek reserves the right, in its sole discretion, to terminate the license granted to you hereunder and/or bring legal action against you if you engage in, or Riviera Creek reasonably believes you have engaged in or are engaging in, use that violates these Terms of Use. Our failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms of Use.
Access: You must obtain at your own expense the equipment, means, device, and services to access the Website. We do not guarantee that the Website will work with all wireless service plans, at all times, or in all geographic locations. When you use the Website, you may incur certain charges from your wireless carrier according to the terms and conditions of your carrier agreement, including without limitation, fees for data, wireless access, and message services. Please check with your carrier to verify whether there are any such fees that may apply to you. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS OR USE THE WEBSITE THROUGH YOUR WIRELESS DEVICE AND FOR BEING IN COMPLIANCE WITH YOUR CARRIER AGREEMENT.
Eligibility; Jurisdiction: You represent and warrant that (i) you are at least 21 years of age or otherwise legally permitted to access cannabis-related information under applicable law and are fully competent and able to enter into these Terms of Use and to abide by the terms hereof; (ii) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist support” country, and (iii) you are not included on any U.S. Government list of prohibited or restricted parties. Riviera Creek provides the Website for use in the United States of America. Riviera Creek does not represent the Website is available or appropriate for use in other jurisdictions. Any access to or use of the Website from other jurisdictions is at your sole risk and you are responsible for complying with all applicable local laws.
Disclaimers: RIVIERA CREEK AND ITS LICENSORS DO NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE WEBSITE CONTENT OR REPRESENT THAT THE WEBSITE OR THE WEBSITE CONTENT IS ERROR-FREE OR CAPABLE OF OPERATING ON AN UNINTERRUPTED BASIS. THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. EXCEPT AS SET FORTH ABOVE, TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU AGREE THAT RIVIERA CREEK SHALL NOT BE RESPONSIBLE FOR ANY DELAY, FAILURE TO DELIVER, FAILURE IN PERFORMANCE OR INTERRUPTION OF SERVICE, RESULTING DIRECTLY OR INDIRECTLY: (A) FROM ACTS OF GOD, ACTS OF ANY GOVERNMENTAL AGENCY, NATURAL DISASTERS, ACTS OF WAR, INSURRECTION OR TERRORISM, STRIKES OR LOCKOUTS, UNAUTHORIZED NETWORK OR COMPUTER INTRUSION, OR INTERNET- OR COMPUTER-RELATED VIRUSES, HACKER ATTACKS OR OTHER AGENTS INTRODUCED BY A THIRD PARTY, FAILURE OF THE INTERNET AND OTHER CONDITIONS BEYOND OUR CONTROL, (B) SOLELY FROM ANY TECHNICAL REQUIREMENT FOR WHICH YOU ARE RESPONSIBLE, OR (C) SOLELY FROM YOUR INTENTIONAL ACTS OR OMISSIONS.
Limitation of Liability: USE OF THE WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, RIVIERA CREEK AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO: (I) USE OR MISUSE OF THE WEBSITE OR THE WEBSITE CONTENT; (II) INABILITY TO ACCESS OR USE THE WEBSITE OR THE WEBSITE CONTENT; (III) ANY LOSS OR CORRUPTION OF DATA OR INFORMATION SUBMITTED VIA THE WEBSITE; (IV) ANY COMMUNICATIONS OR SERVICES PROVIDED BY, OR REQUESTED FROM, RIVIERA CREEK VIA THE WEBSITE; OR (V) ANY PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE RESULTING FROM ACCESS TO OR USE OF THE WEBSITE. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RIVIERA CREEK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnity: Upon request by Riviera Creek, you agree to indemnify, defend and hold harmless Riviera Creek and its employees, contractors, officers, directors, and licensors from and against all claims, suits, demands, damages, liabilities, loss, cost, and expense (including reasonable attorneys’ fees) that arise from: (i) your use or misuse of the Website; (ii) your violation of these Terms of Use; (iii) your violation of any third-party right, including without limitation any copyright, property or privacy right; or (iv) any claim that the User Content resulted in damage to a third-party. Riviera Creek reserves the right, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event you will cooperate with Riviera Creek in asserting any available defenses.
Changes to Website: At any time and without notice to you, Riviera Creek may change or modify the Website, or any features or functions thereof, or may suspend or discontinue the Website, or stop supporting the Website, or any aspect thereof. Any such termination, change, suspension or discontinuance shall be without liability to you.
Changes to Terms; Updates: Riviera Creek reserves the right to change these Terms of Use at any time, and in its sole discretion, by changing these Terms of Use within the Website. Your continued use of the Website after any such changes to these Terms of Use are made available through the Website will constitute your acceptance of those changes. These Terms of Use shall govern any updates to, or supplements or replacements for, the Website unless separate terms are provided in conjunction with such updates, supplements or replacements, in which case such separate terms will apply.
Governing Law: These Terms of Use are governed by the laws of the State of Ohio and applicable federal laws of the United States of America, without giving effect to conflict of laws principles. Any legal action arising from these Terms shall be brought in the state or federal courts located in Franklin County, Ohio, and you consent to the jurisdiction of those courts.
Agreement to Arbitrate: Any civil action, claim, dispute or proceeding arising out of or relating to access to or use of the Website will be resolved exclusively through final and binding arbitration, before a single arbitrator, rather than in court. The arbitrator, and not any federal, state or local court or agency, will have exclusive authority to resolve any dispute arising out of access to or use of the Website, and to arbitrate any part of these Terms of Use, including any claim that all or any part of this section or these Terms is void or voidable.
The arbitration will be conducted by the American Arbitration Association (the “AAA”) exclusively in Columbus, Ohio under the AAA’s rules and procedures, as modified by this section. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org.
You and Riviera Creek will select the arbitrator, and if you and we are unable to reach agreement on selection of the arbitrator within 30 days after the notice of arbitration is served, then the AAA will select the arbitrator. The party requesting arbitration will advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
The arbitrator will decide the substance of all claims exclusively in accordance with the laws of the State of Ohio, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. Judgment upon any award rendered by the arbitrator is final, binding and conclusive upon you and Riviera Creek and your and our respective administrators, executors, legal representatives, successors and assigns, and may only be entered in the state or federal courts of record for Columbus, Ohio.
Prohibition of Class and Representative Actions and Non-Individualized Relief: EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Legal Notice For New Jersey Residents: Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”), N.J.S.A. 56:12-14 et seq., consumers may not be offered any written contract which includes any provision that violates any clearly established legal right of a consumer, or responsibility of a seller, as established by state or federal law. In addition, under the TCCWNA, no consumer contract may state that any of its provisions are or may be void, unenforceable or inapplicable in some jurisdictions without specifying which provisions are or are not void, unenforceable or inapplicable in New Jersey. Therefore, the following provisions of these Terms of Use shall not be applicable to New Jersey residents: (1) the provisions concerning limiting Riviera Creek’s liability for any loss or damage is not applicable to New Jersey residents to the extent Riviera Creek was negligent or has breached its obligation; (2) the provisions concerning the exclusion or limitation of certain damages is not applicable to New Jersey residents with respect to punitive damages, loss of data, and loss of or damage to property; and (3) the provisions concerning the indemnification by You is not applicable to New Jersey residents unless You were negligent or have breached these Terms of Use.
Legal Notice to California Residents: Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Service, please send an email to loyalty@rivieracreek.com. Users may also contact us by writing to 1275 Crescent Street, Youngstown, Ohio 44502. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Contact: Any questions, complaints, or claims regarding the Website may be directed to:
Crescent Street Services
1275 Crescent Street
Youngstown, Ohio 44502
Email: loyalty@rivieracreek.com
