CONDITIONS OF USE
Welcome to HeroJane, an online cannabis delivery shop! HeroJane and its associates provide their services to you subject to the following conditions. By using this website, including by consummating a purchase, you signify that you have read, understood, and agree to be bound by these terms of use, whether or not you are a registered user. Please review them carefully.
Legal Acknowledgments
FEDERAL, STATE AND LOCAL LAW
You expressly acknowledge and accept the risks and consequences of the following and expressly waive any claims against HeroJane arising from the following:
Cannabis is a schedule I controlled substance and is not legal to possess or use under federal law. Similarly, according to the Food and Drug Administration, certain products derived from industrial hemp, which contain Cannabidiol or CBD, are also illegal according to the Food and Drug Administration under the Federal Food and Drug Cosmetic Act.
These products are only intended for use by adults 21 years of age and older and are to be kept out of the reach of children. These are express conditions of purchase. If you are not 21 years of age, or if you share them with persons under 21 years of age, or if you do not secure them for access by children or other minors, you may be subject to criminal prosecution under the laws of the State of California.
Possession, transportation, and sale of cannabis is only legal in California if all applicable laws are followed, and California law does not authorize the resale of any products you purchase from HeroJane. All purchases are intended for personal use only.
It may not be legal for you to transport and possess products you purchase from HeroJane in a jurisdiction outside of California. You are responsible for understanding and abiding by your local jurisdiction’s laws.
HeroJane makes no representations about whether or the extent to which any of the products sold, including CBD products containing no THC, will be detectable on a drug test. If you are regularly subjected to drug tests and your employer has a zero tolerance policy for cannabinoid use, including CBD, then you are advised to not use these products.
HEALTH AND USAGE INFORMATION – DISCLAIMERS AND WARNINGS
Cannabis and even CBD products may have intoxicating effects and may be habit forming. The effects of these products are highly individualized and will depend on a variety of factors, including your usage history, body type, physiology and whether you are also currently using any other medications, supplements or intoxicants. Furthermore, please be advised and reminded that Intoxicating effects of cannabis and cannabis products may be delayed up to two (2) hours, and use of cannabis while pregnant or breastfeeding may be harmful, and cannabis can impair concentration, coordination, and judgment, and it is not advisable to operate a vehicle or machinery under the influence of these products.
There may also be health risks associated with consumption of these products. It is your sole responsibility, and not the responsibility of HeroJane, to make determinations about which products and dosages are appropriate for you, and you are strongly advised to consult with a medical professional before using any products obtained from HeroJane if you are currently taking other medications or supplements. While you may rely on dosage information contained on a product packaging, you are not entitled to, and expressly disclaim, any reliance on any information contained on this website or otherwise conveyed to you by HeroJane concerns what products or dosages may be appropriate for you or to treat a particular medical condition.
HeroJane are not health care professionals and while they have familiarity with the products sold, no one can say whether a particular product will treat a particular ailment, or what dosage may be appropriate for an individual, and you expressly disclaim any reliance to the contrary. You understand that although our website may provide information regarding cannabis and cannabis products including but not limited to: potency, pharmacologically active ingredients, recommended uses and potential palliative benefits, and potential effects, such cannabis information should in no way be construed as medical advice, nor is any such information a claim of a health or medical benefit. You further understand that any health, function, or satisfaction claims about the product’s effectiveness on the website or on the products themselves are not endorsed by the Federal Food and Drug Administration.
HeroJane ensures that any cannabis products it sells certificates of analysis indicating the products comply with State testing requirements, are properly secured, and match your order before delivery. However, HeroJane will not open the product packaging to inspect its contents and is under no legal obligation to do so. If a product, once opened, does not appear to be what you ordered or appears defective, do not consume the product and contact HeroJane immediately at 855-426-5246 for an exchange or refund.
Smoke from cannabis flower contains chemicals, including benzene and lead, which are known to the State of California to cause cancer. For more information go to www.P65Warnings.ca.gov.
Cannabis, cannabis concentrate products, and edibles sold here contain chemicals known to the State of California to cause cancer and birth defects, or other reproductive harm. For more information go to www.p65warnings.ca.gov.
Please refer to individual products for specific warnings concerning California Proposition 65.
Site Access
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You must be 21 years or older to use this website and you affirm the accuracy of all information you provide HeroJane about your age and identity in using this website. HeroJane and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion, including if it determines you have misrepresented your identity or age.
You agree to maintain accurate, complete, and up-to-date information in your account and that we and others may rely on your information as accurate, current and complete. Your failure to maintain accurate, complete, and up-to-date account information, including having an invalid or expired identification on file, may result in your inability to access or use the Service.
ELECTRONIC COMMUNICATIONS
By providing your email address or phone number to HeroJane, you are consenting to receive communications from HeroJane on your phone or other mobile device via email or SMS text messages. Communications may be sent to your email address, to the mobile number associated with your mobile device, or both. You consent to receive communications from us electronically. We may communicate with you electronically, for example by e-mailing a copy of your delivery receipt, or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
To access and retain electronic communication, you will need at least the following: a device with an internet connection, a current web browser with cookies enabled, a valid email address, and storage space to save past electronic communications on your device or a printer to print electronic communications. You must ensure your contact information and email information is true and up-to-date, and you acknowledge and agree that HeroJane will be deemed to have provided electronic communications to you even if your contact information on file is incorrect, out of date, or you are otherwise unable to receive the communications.
Because HeroJane utilizes electronic communication for delivery receipts, to order cannabis or use our other services it is not possible to opt out of our legally required and necessary electronic communications. For optional email such as our newsletter or sales notices, you can opt out by clicking the unsubscribe button at the bottom of the email or signing into your account and navigating to the subscriptions section.
LICENSE
HeroJane grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of HeroJane. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. 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 HeroJane. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of HeroJane and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing HeroJane name or trademarks without the express written consent of HeroJane. Any unauthorized use terminates the permission or license granted by HeroJane. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of HeroJane so long as the link does not portray HeroJane, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any HeroJane logo or other proprietary graphic or trademark as part of the link without express written permission. You may not misuse this Site by knowingly introducing denial-of-service attacks, viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Site, the service on which the Site is stored and/or hosted or any server, computer or database connected to the Site.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of HeroJane or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of HeroJane, with copyright authorship for this collection by HeroJane, and protected by international copyright laws.
TRADE MARKS
HeroJane trademarks and trade dress may not be used in connection with any product or service that is not HeroJane, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits HeroJane. All other trademarks not owned by HeroJane or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by HeroJane or its subsidiaries.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. HeroJane reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant HeroJane and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant HeroJane and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify HeroJane or its associates for all claims resulting from content you supply. HeroJane has the right but not the obligation to monitor and edit or remove any activity or content. HeroJane takes no responsibility and assumes no liability for any content posted by you or any third party.
VIOLATIONS
HeroJane reserves the right to terminate your use of the Website and/or other Services in its sole and absolute discretion and without notification or compensation to you. You agree that HeroJane or its representatives may access and review your account records to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the website. The Company reserves the right to terminate your account or your access to the website immediately, with or without notice to you, and without liability to you, if HeroJane believes that you have violated any of the Terms of Use, furnished the Company with false or misleading information, or interfered with use of the Website.
Purchasing Cannabis Through HeroJane
BILLING
You understand and agree that you will incur charges and fees purchasing cannabis and other products through the HeroJane platform. These charges and fees could include, but are not limited to: retail price, delivery fee, state taxes, and local taxes. These charges and fees will be enumerated and specified on your delivery receipt.
All charges and fees are due immediately and are non-refundable. By purchasing cannabis through HeroJane, you agree to pay the charges and fees enumerated in your delivery receipt and further agree not to cancel any instrument or account to avoid payment of said charges and fees, regardless of your satisfaction with the product. If you are dissatisfied with a product, you should contact us at 855-426-5246 or hello@herojane.com to discuss the matter further.
ELECTRONIC SIGNATURE
You agree that your electronic signature is the legal equivalent of your manual or paper signature. You further agree to sign any hard-copy or electronic receipt as a condition of receiving your cannabis delivery. California State Law may require that HeroJane retain your signature for seven (7) years.
PRODUCT DESCRIPTIONS
HeroJane carefully curates its product selection to offer trusted products from reputable manufacturers and cultivators. Manufacturers, cultivators or distributors submit their own descriptions, including weight and cannabinoid content, and predicted effects, which we display on our website. Additionally, we provide links to the sites of affiliated companies. We attempt to describe products as accurately as possible, but because HeroJane does not create or package our products, and because we obtain the product information from the manufacturer or distributor and the packaging materials, which HeroJane does not prepare, we cannot warrant or guarantee that product descriptions or images are accurate, complete, and error-free. The cultivators, manufacturers and distributors are generally responsible for ensuring the accuracy of its products. If you believe a product once-opened does not comport to its description, please contact HeroJane at 855-426-5246 or at hello@herojane.com prior to use and we will contact the product cultivator, manufacturer or distributor on your behalf.
Furthermore, experiences with cannabis and CBD products vary across dosage and individual tolerance, and their effects or level of impairment for you will be inherently unpredictable until used. All cannabis and CBD products offered by HeroJane you consume at your own risk and if you have any concerns about the product descriptions you are advised to contact the product manufacturer directly.
Finally, we provide links to the site of affiliated companies. These companies may submit their own descriptions and predicted effects for their products for display on our website. We are not responsible for examining, evaluating, or warranting the descriptions for these products. HeroJane does not assume responsibility or liability for the actions, product or content of any third parties. You should carefully review their privacy statements and other conditions of use.
SHIPPING, RETURN AND EXCHANGE POLICY
Please refer to https://goddessdelivers.com/shipping for our shipping policy.
Product purchases are generally on an “as is” basis and final.
If, however, there has been a product recall instituted by the State or by the product supplier, we will contact you immediately to relay that information and instructions for returning the products and either receiving an exchange or a refund.
If upon receipt of a product, you determine prior to opening the packaging that it is not what you ordered according to the delivery receipt, HeroJane will replace the order and exchange out the product for the correct product at no additional cost to you.
Otherwise, HeroJane does not accept exchanges or issue refunds for product dissatisfaction. Please contact HeroJane at hello@herojane.com or 855-426-5246 if you are dissatisfied or there is some sort of problem with your order.
Dispute Resolution
APPLICABLE LAW
By visiting HeroJane, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and HeroJane or its associates. You also agree to waive any claim that you are not liable for any purchases made because the products are illegal under federal law, or to otherwise rely on federal law in any dispute.
ARBITRATION AGREEMENT
Any dispute relating in any way to your visit to HeroJane website, to your use of this website to consummate a transaction or to products you purchase through HeroJane (including the breach, termination, enforcement, interpretation or validity of these terms of use, the HeroJane website platform, content currently or previously available on or through the website, your User Data; the threatened or actual suspension, deactivation, or termination of your Account or this Agreement; payments made by you or any other offers, and any other federal and state statutory and common law claims) shall be submitted to confidential binding arbitration in California, except that, to the extent you have in any manner violated or threatened to violate HeroJane intellectual property rights, HeroJane may seek injunctive or other appropriate relief in any state or federal court in the state of California, USA, and you consent to exclusive jurisdiction and venue in such courts. Furthermore, if you have a claim that is within the jurisdiction of small claims court, then you may bring such a claim but you agree that any such small claim action must be brought within the Small Claims Court of the Los Angeles Superior Court in Los Angeles, CA and you consent to that exclusive jurisdiction for small claims court. This agreement to arbitrate (“Arbitration Agreement”) also applies to claims between you and HeroJane’ affiliate entities, and any such affiliated entities will be considered intended third party beneficiaries of this Arbitration Agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), nd must follow the terms of these Conditions of Use as a court would. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
Any arbitration shall be commenced and conducted exclusively in an arbitration proceeding in the County and City of Los Angeles, California, before a single arbitrator. The arbitration under this agreement shall be administered by the American Arbitration Association under the then-prevailing Consumer Arbitration Rules, which may be found at adr.org or by calling the AAA at 1-800-778-7879 or any subsequent applicable telephone number. The Federal Arbitration Act (FAA) and AAA rules shall govern the interpretation and enforcement of this Arbitration Agreement, and preempt all state laws, except the laws of the State of California which shall govern enforcement of contracts concerning sales of cannabis to consumers, and any other issue not covered by the FAA or AAA rules. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing, the terms of this Agreement shall govern to the extent it conflicts with the AAA Rules or FAA.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. You should send your arbitration claim to 10153 1/2 Riverside Dr 3478, North Hollywood, CA 91602. The AAA provides a form Demand for Arbitration and a separate form for California residents at adr.org. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Any arbitration shall take place in the City and County of Los Angeles, California, unless you and HeroJane otherwise agree.
CLASS ACTION WAIVER
You acknowledge and accept that, to the fullest extent permitted by applicable law, any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. Your access and continued use of the Website signifies your explicit consent to this waiver.
Severability Waiver
If any part of this Agreement is found by a court to be invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.
Miscellaneous Policies
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping policy and Privacy policy posted on this site. These policies also govern your visit to HeroJane. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:
Except as noted elsewhere herein, this site and the products purchased are provided by HeroJane on an “as is” and “as available” basis. HeroJane makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, HeroJane disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. HeroJane will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Without limiting the foregoing, HeroJane, its Affiliate entities, subsidiaries, and licensors do not warrant that the content within the website is accurate; that the products will meet your requirements; that the website services will be available at any particular time or location; that the website services will be uninterrupted, secure, or error-free; that any defects in the website services will be corrected; or that the website services are free of viruses or other harmful content. Any content downloaded or otherwise obtained through the use of the website is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download.
HeroJane’ liability to you is limited. To the maximum extent permitted by law, in no event shall HeroJane, its Affiliate entities, officers, directors, employees, agents or licensors be liable to you for any claims, proceedings liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to the HeroJane, or be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages of any kind (including, but not limited to, damages for lost profits, goodwill, use, lost data, or other intangible losses) regardless of the foreseeability of those damages, arising out of or in connection with your use of, or inability to use, the website.
To the maximum extent permitted by applicable law, the HeroJane assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content provided by or in relationship to the website; (ii) any unauthorized access to or use of our servers and/or any and all personal information stored therein; (iii) personal injury or property damage, of any nature whatsoever, resulting from your access to and purchase of products from the website; (iv) or any bugs, viruses, worms, trojan horses, ransomware, malware, or the like that may be transmitted to or through the website or communications with HeroJane.
This limitation of liability section shall apply regardless of whether the alleged damages arise out of breach of contract, tort, or any other legal theory or form of action.