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LANTERN

TERMS OF SERVICE

Your use of Lanternnow.com and any related offerings ("Service") is subject to these Terms of Service ("Terms") and our Privacy Policy.

THESE TERMS ARE A LEGAL BINDING AGREEMENT BETWEEN YOU AND THE LANTERN GROUP, LLC (“Lantern"). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF ACCEPTING THESE TERMS (AS DESCRIBED BELOW), YOU WILL BE REQUIRED TO USE BINDING ARBITRATION TO RESOLVE DISPUTES WITH LANTERN. BY ACCESSING OR USING THE SERVICES, YOU ARE ACCEPTING THESE TERMS AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THESE TERMS. YOU MAY NOT ACCESS OR USE THE SERVICES OR ACCEPT THESE TERMS IF YOU DO NOT HAVE THE CAPACITY TO ENTER INTO THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SERVICES. IF YOU ARE ACCESSING OR USING THE SERVICES ON BEHALF OF AN ENTITY, IF APPLICABLE, YOU ARE AN AUTHORIZED REPRESENTATIVE OF SUCH ENTITY WITH AUTHORITY TO BIND IT TO THESE TERMS.

LANTERN'S SERVICE IS FOR AUTHORIZED CUSTOMERS ONLY. MAKE SURE YOU ARE ALLOWED TO PURCHASE CANNABIS PRODUCTS IN YOUR STATE BEFORE USING LANTERN'S SERVICE. UNLESS YOU ARE AN AUTHORIZED CUSTOMER, YOU MAY NOT USE LANTERN'S SERVICE. BY USING LANTERN'S SERVICE, YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED CUSTOMER.  

If you have any questions about these Terms, please contact Lantern at support@lanternnow.com.

1.               Lantern's Service

Lantern does not sell, offer to sell or solicit sales of cannabis or cannabis related products, nor does it make deliveries. Lantern's Service enables you to simply search online for cannabis, cannabis related products and accessories (“Products") available for sale by licensed retailers that use Lantern's e-commerce service ("Retailers"). When you search for a Product, the Service shows you its availability, price, product description and other information based on your location and information provided by the Retailers that service your location. If you prefer, you may sort and filter results based on search criteria. Lantern's Service may be limited or not available at all in some places due to local law or other restrictions.

Lantern attempts to ensure that Product descriptions or images for Products available through its Service are as accurate as possible; however, because Lantern does not itself package, test or label the Products available for delivery through its Service or prepare Product description or images, Lantern does not warrant that Product descriptions, images or other content is reliable, accurate, complete or free of errors. You expressly acknowledge, agree and understand that any statements relating to any Products available on the Services have not been evaluated by the Federal Food and Drug Administration (“FDA"). Neither the Products nor the ingredients in any of the Products have been approved or endorsed by the FDA or any regulatory agency. The Products are not intended to diagnose, treat, cure, mitigate or prevent any medical condition, illness or disease in humans or animals. The information provided on the Services is designed for educational purposes only and is not intended to be a substitute for informed medical advice or care. If you are pregnant, nursing, taking medication or have a medical condition, we suggest consulting with a physician before using any Products.

You expressly acknowledge and agree that Lantern (i) is a technology company providing facilitation services; (ii) is not a licensed retail seller of Products or any other type of licensed cannabis business; (iii) does not itself provide delivery services to consumers; (iv) does not employ or contract drivers who provide delivery services; and (v) does not otherwise cultivate, manufacture, package, label, test or sell cannabis. It is the sole responsibility of the Retailer to offer its services to you in a legal and compliant manner, which are facilitated through its use of the Services. Lantern has no responsibility or liability for any Products or delivery services provided to you by Retailers or their drivers.

2.               Account Registration

You agree to keep your account information with Lantern accurate, complete and current.  You agree to use your legal name, actual date of birth, and if applicable information relating to any registration card required by your state or local jurisdiction for you as a consumer, patient or personal caregiver in order to purchase cannabis products (“Identification"), on your account and on all orders you create, or your order may be declined and you may be charged restocking fees. You are responsible for the use of your account, so do not let anyone else use it. Keep your login credentials confidential. If you suspect unauthorized activity notify Lantern immediately at support@lanternnow.com.

If you wish to deactivate your account for any reason, send a request to Lantern at support@lanternnow.com. If Lantern wishes to deactivate your account for any reason, it may do so in its sole discretion without notice to you. Lantern may, but is not obligated to, reactivate an account upon written request to  support@lanternnow.com

You acknowledge that a pre-verification process may need to be completed, whereby the Retailer filling the order must examine the Identification presented by an individual to confirm that the Identification is valid and matches the individual presenting it and must collect other information required by applicable regulations prior to delivering Products.

Special note for Customers in Massachusetts:  As of the date these Terms become effective, only patients, caregivers and caregiving institutions registered with the Commonwealth of Massachusetts may place orders using Lantern's service.  Products are available for sale by licensed Medical Marijuana Treatment Centers.  You may need to complete a pre-verification process.

3.               License and Access

Lantern grants you a limited, personal, nonexclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Service. You may use the Service only as permitted by these Terms and applicable law. All rights not expressly granted in these Terms are reserved and you acknowledge that all intellectual property rights in the Services are owned by Lantern. You may not resell or otherwise make commercial use of the Service or its contents; collect and use any product listings, descriptions or prices; make any derivative use of the Service or its contents; download, copy or otherwise use account information for the benefit of any third party; use data mining, robots or similar data gathering and extraction tools; or otherwise misuse the Service. Any trademarks, logos, service marks, company or product names displayed through the Service are trademarks of Lantern or third parties, and no right or license is granted to use them. This license will terminate if you do not comply with these Terms.

4.               Prices, Taxes and Fees

Prices you see online are good faith estimates by the Retailers. Due to the nature of Products and how they are regulated, the purchase price you will ultimately pay for your order cannot be determined until the time of actual delivery; however, Retailers will use reasonable efforts to set the price of their Products on Lantern. Retailers and their delivery providers may charge you additional fees such as delivery fees, redelivery fees (see Section 8) and restocking fees (see Section 8). Your order, including delivery fees, may also be subject to tax. The amount of the tax depends on things like the specific Products ordered, delivery location and the legal obligations of the Retailer.

When you use the Service, you may incur separate and additional charges by your wireless and internet provider(s).

5.               Changes to Orders

If you wish to change your order for any reason after it has been placed, you may contact Lantern at support@lanternnow.com, but Lantern cannot guarantee that your changes will be accepted by the Retailer. If they are accepted, you will be responsible for any difference in charges and fees resulting from the change(s).

6.               ID Verification; Other Safety Checks

It is the responsibility of the Retailer and any delivery provider they use to verify your identity, including any Identification, and to determine whether it is otherwise safe and appropriate to furnish you with the Products you ordered. The Retailer (or their delivery provider) may require a valid form of photo identification with birthdate, evidence of authorization to purchase cannabis products issued by the relevant regulatory agency(ies) and a signed acknowledgement confirming acceptance at the time of pick-up or delivery. If the Retailer cannot verify your age or identity, if you appear intoxicated or if the situation is otherwise unsafe or inappropriate, they may refuse to furnish you with the Products you ordered.

Cannabis products cannot be left unattended— you as the person who placed the order must be present and must be the one to accept and sign for it. If a Retailer is unable to deliver your product for this or a similar reason, the Retailer may charge a restocking fee (see Section 8). Subsequent delivery attempts are at the discretion of the Retailer and are subject to redelivery fees (see Section 8).

If Lantern believes that your order is fraudulent or unlawful, it may alert the Retailer and suspend your use of the Service.

7.               Retailer Right to Refuse, Cancel and Adjust Orders

A Retailer may refuse, cancel or adjust your order for any reason. If a Product you want is not available, the Retailer will notify you and offer a reasonable substitute. If you accept the substitution, the order total will be adjusted accordingly.

Retailers may be limited to where they can deliver.  If they are not able to deliver to your designated location due to local laws and regulations or their own policy, they will inform you.

Retailers may also limit the number or type of Product(s) they accept in an order. If this happens, the Retailer will notify you and adjust your order. The order total will be adjusted accordingly.

Special note for Customers in Massachusetts:  Retailers can only deliver to your primary residence and are prohibited from delivering Products to dormitories, other on-campus college or university housing, federally subsidized housing, shelters or residential programs.

Special note for Customers in Michigan:   Retailers can only deliver to your physical home address (in the case of qualifying medical patients) or your residential address or a licensed designated consumption establishment (as defined under Michigan regulations) (in the case of adult use customers).

8.               Retailer Right to Refuse Multiple Delivery Attempts and Charge Restocking and Re-delivery Fees

A Retailer or their delivery provider may refuse to deliver your order if they believe that furnishing it to you is illegal, unsafe or inappropriate. If a delivery cannot be made for this or any other reason, you may be charged a restocking fee. Subsequent delivery attempts are at the discretion of the Retailer and are subject to redelivery fees.

9.               Errors

Sometimes Product information, such as images, descriptions, availability, pricing and reviews, contains errors. If a Retailer identifies such an error, they will notify you and offer a reasonable substitute. If you accept the substitute, the order total will be adjusted accordingly.

If you receive a Product that is not as described (or that you did not order), your sole remedy is to notify the Retailer and the Retailer will in its sole discretion either allow you to return the unused Product (within the time period specified by the Retailer) for a refund or provide you with a reasonable substitute. If you accept the substitution, the order total will be adjusted accordingly. (See Section 10 for more information.)

10.            Returns, Refunds and Exchanges

Retailers and the laws and regulations in your state determine whether a return, refund or exchange is available to you. For example, you may be able to return a tainted, recalled or damaged Product for a refund or credit, or exchange it for something else. 

Special note for Customers in MassachusettsIn accordance with state regulations, you must return unused, excess, or contaminated Product to the Retailer from which they purchased the product, for disposal. Retailers will accept the Product returned, but decisions to provide a refund or exchange are made in the applicable Retailer's sole discretion.

11.            Privacy and Communications

Use of the Service is subject to our Privacy Policy. When you use the Service or send e-mails, text messages or other communications from your desktop or mobile device to Lantern or Retailers, you may be communicating with Lantern and Retailers electronically. You consent to receive electronic communications from Lantern and Retailers, and you agree that such electronic communications satisfy any legal requirement that a document be in writing. Lantern will comply with the privacy and patient protection standards established by the Massachusetts Cannabis Control Commission and the Michigan Marijuana Regulatory Agency.

12.            Promotional and Referral Codes

Your eligibility to use promotional or referral codes (or credits) depends on the laws and regulations in your state. The codes are non-transferable, and may be used only with the Service. Codes cannot be redeemed for cash, and expire in one year unless otherwise specified. Lantern, in its sole discretion, decides whether to accept codes created by any third party.

If you attempt to evade restrictions on code redemption, Lantern may decline to redeem your code.

To redeem, enter the applicable promo code in the Order Summary section on the “My Cart" page

Limit one promo code per order

Some promo codes require that you are a new customer and that it is your first order

If you were unable to add the code before completing checkout, you can reach out to our Customer Experience Team at support@lanternnow.com with the code you are trying to use and they will be able to apply it retroactively if you meet all of the requirements for the code

Promo codes expire on the day listed and cannot be applied beyond expiration

Promo codes are valid for a maximum of 1 Year unless otherwise specified

Promo code availability and usage may depend on state and local laws

Any discounts are applied at the point of sale by the licensed dispensary

Terms are subject to change

13.            Lantern Ownership of the Service

Lantern and its licensors own the Service and its contents, including patent, copyright, trade secret, trademark, show-how, know-how and any other US or international intellectual property rights therein.

14.            Content You Provide

You may post reviews, comments, photos, videos and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions or other information, if the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights) or otherwise injurious or objectionable to Lantern or others, and does not contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of a gift or other content. Lantern does not regularly review posted content, but it does reserve the right to remove or edit such content. Lantern may use this content for any purpose, without restrictions, and without notice or compensation, and you acknowledge that any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you relating to the Service are non-confidential and shall become the sole property of Lantern and Lantern may sublicense, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display such content throughout the world in any media. You also grant Lantern the right to use the name you submit in connection with such content.

15.            Third Party Materials

Lantern does not examine, warrant or endorse any third party sites, apps, and content (including data, information, images, descriptions, articles, advertisements, or other products, services and/or materials) to which the Service links, displays, includes or makes available (collectively, “Third-Party Materials") and is not liable for your use of them.

You acknowledge and agree that Lantern is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Lantern does not assume and will not have any liability or responsibility to you or any other person or user for any Third-Party Materials. Third-Party Materials may be subject to their own terms and conditions of use and privacy policies and your use of Third-Party Materials will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Lantern does not endorse and is not responsible or liable for the behavior, features or content of any Third-Party Materials. Third-Party Materials are provided solely as a convenience to you, and you use them entirely at your own risk.  You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Material.

You hereby release and forever discharge Lantern (and its officers, employees, agents, successors and assigns) from, and hereby waive and relinquish your rights with respect to, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other users or Third-Party Materials.

16.            Indemnity

You agree to indemnify and hold Lantern (and its subsidiaries, affiliates, officers, employees and agents) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and/or expenses (including reasonable attorneys' fees) arising from or relating to any claim or demand made by any third party due to or arising out of (i) your use or misuse of the Service, (ii) any content you provide, (iii) your violation of these Terms or (iv) your violation of applicable laws or regulations. Lantern reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Lantern and you agree to cooperate with its defense of these claims. You agree not to settle any matter without Lantern's prior written consent. Lantern will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

17.            Disclaimer of Warranties

USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE AND EVERYTHING RELATED TO IT IS PROVIDED ON AN “AS IS" AND “AS AVAILABLE" BASIS. LANTERN MAKES NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND, SUCH AS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY LANTERN OR ITS AUTHORIZED AGENT OR REPRESENTATIVE WILL BE DEEMED TO CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LANTERN MAKES NO REPRESENTATION OR WARRANTY AS TO WHETHER IT IS LEGAL FOR YOU TO USE OUR SERVICE.

18.            Limitation of Liability

LANTERN IS NOT LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF USE, DATA OR PROFITS OR ANY OTHER DAMAGES OR LOSSES OF ANY KIND. LANTERN IS NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, ILLEGAL OR OTHER CONDUCT OF ANY RETAILER, TRANSPORTATION PROVIDER, ADVERTISER OR OTHER USER OF THE SERVICE. NEITHER LANTERN NOR ANY RETAILER IS LIABLE FOR ANY DAMAGES CAUSED BY WEATHER CONDITIONS AND OTHER “ACTS OF GOD," SUCH AS UNFORESEEABLE DELAYS OR ACCIDENTS, PUBLIC UNREST, CONFISCATION AND NATURAL DISASTERS.

If an arbitrator or a court finds Lantern liable for damages notwithstanding the foregoing, Lantern's total liability for all damages shall not exceed the amount paid by you to Lantern for your use of the Service.

19.            Copyright Dispute Policy

Please review Lantern's Copyright Dispute Policy to report potentially infringing content to Lantern.

20.            Updates

Lantern may update these Terms at any time. Updates are effective as of the “Last updated" date at the end of these Terms. Your use of the Service after an update is your acceptance of the updated Terms. If any part of the Terms are found invalid, void or unenforceable, that part shall be severed and not affect any remaining term or condition.

21.            Dispute Resolution

UNLESS YOU OPT OUT WITHIN 30 DAYS OF ACCEPTING THESE TERMS (AS DESCRIBED BELOW), ANY DISPUTE OR CLAIM RELATING TO THE SERVICE OR THESE TERMS MUST BE RESOLVED WITH BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT. CLAIMS MUST BE BROUGHT WITHIN ONE YEAR OF THE EVENTS GIVING RISE TO THEM, AND ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. YOU AND LANTERN WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. YOU AND LANTERN ARE INSTEAD ELECTING TO HAVE CLAIMS AND DISPUTES RESOLVED BY ARBITRATION. THERE IS NO JUDGE OR JURY IN ARBITRATION. AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD. COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.

To begin the dispute resolution process, notify Lantern of your claim by sending an email to legal@lantern.com or U.S. Postal Service certified mail to The Lantern Group, LLC, Attn: Legal, 334 Boylston Street, Boston, MA 02116. You must include: (i) a description of your claim or dispute; (ii) the specific relief you want; and (iii) your name, address and contact information. If the claim is not resolved within 30 days of your notice, you or Lantern may begin formal arbitration. If Lantern intends to begin arbitration, it will notify you in writing using the contact information you provide.

The American Arbitration Association ("AAA") will conduct the arbitration pursuant to its Commercial Arbitration Rules, Consumer Due Process Protocol, Supplementary Procedures for Resolution of Consumer Related Disputes and these Terms. The AAA's rules are available at https://www.adr.org/ or by calling 1-800-778-7879. All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration clause, but these Terms bind the arbitrator. The AAA's rules govern filing, administrative and arbitrator fees. Unless an arbitrator decides your claims are frivolous, Lantern will reimburse those fees for claims totaling less than $10,000 and will not seek attorneys' fees and costs. You may choose to have the arbitration conducted by telephone, in writing or in person in the Commonwealth of Massachusetts or at another mutually agreed location.

22.            Opting Out of Arbitration

IF YOU DO NOT WANT TO USE ARBITRATION TO RESOLVE YOUR DISPUTES WITH LANTERN, NOTIFY LANTERN IN WRITING OF YOUR DESIRE TO OPT OUT OF ARBITRATION BY SENDING AN EMAIL TO LEGAL@LANTERN.COM OR U.S. POSTAL SERVICE CERTIFIED MAIL TO THE LANTERN GROUP, LLC, ATTN: LEGAL, 334 BOYLSTON STREET, BOSTON, MA 02116. YOU MUST PROVIDE THIS NOTICE WITHIN 30 DAYS OF ACCEPTING THESE TERMS. IF YOU DO NOT OPT OUT WITHIN THE 30-DAY PERIOD, ARBITRATION WILL BE REQUIRED. AGREEING TO ARBITRATION IS AN IMPORTANT DECISION. YOU SHOULD NOT RELY SOLELY ON THE INFORMATION CONTAINED IN THESE TERMS TO MAKE YOUR DECISION, AS IT IS NOT INTENDED TO PROVIDE A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION.

23.            Applicable Law

The laws of the Commonwealth of Massachusetts, excluding its conflicts of law rules and those pertaining to the federal illegality of cannabis, govern these Terms to the extent not preempted by The Federal Arbitration Act. The state courts located in the Commonwealth of Massachusetts shall have jurisdiction over all claims or disputes that are not subject to arbitration. Solicitations, offers, advertisements and communications are void where prohibited.

You must comply with any local or state laws applicable to your use of the Service, such as rules and regulations regarding the sale, service, transportation, import, shipment or delivery of cannabis products.

You expressly acknowledge that you are familiar and assume full responsibility for cooperating with all laws regarding the use, purchase, possession and consumption of medical cannabis. You are responsible for ensuring that your use of this service is compliant with all applicable laws and regulations, as well as any and all privacy policies, agreements or other obligations you may maintain or enter into with applicable third-parties. You acknowledge that cannabis is included on Schedule I under the United States Controlled Substances Act. Under the federal laws of the United States of America, use, possession and consumption of cannabis is illegal, and individuals are subject to arrest and/or prosecution by applicable federal enforcement agencies. You also acknowledge that the interstate transportation of cannabis is a federal offense.

24.            Communications Decency Act

Parental control protections (such as computer hardware, software, or filtering services) may help you limit access to material on the Internet that may be harmful to minors. Such tools are available for purchase online. We have not tested or evaluated these tools and cannot attest to their quality.

Last updated: October 12, 2020