These Terms of Service (“Terms”) govern your access to and use of our services, including our apothecariumnj.com website (“Website”) and other services or policies that link to these Terms. By using the Website you agree to be bound by these Terms.

Who May Use the Services
Privacy
Limitations of Liability
General

1. Who May Use the Services

You may use the Services only if you agree to form a binding contract with TerrAscend NJ LLC and its affiliates /dba/ “The Apothecarium Dispensary” in New Jersey (“Apothecarium”) and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 21 years old, or 18 years of age and a patient of the New Jersey medical marijuana program.

If you are accepting these Terms, you represent and warrant that you are authorized to do so and have the authority to bind any entity you may represent to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to you or any such entity.

2. Privacy

Our Privacy Policy describes how we handle the information you provide to us when you use our Website. You understand that through your use of the Website you consent to the collection and use (as set forth in the Privacy Policy) of this information.

3. Limitations of Liability

By using the Website you agree that the liability of Apothecarium, its affiliates, related companies, officers, directors, employees, agents representatives, partners, and licensors is limited to the greatest extent permissible by law.

4. General

Apothecarium may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be on the Website, will govern our relationship with you. Other than for changes addressing new functions or made for legal reasons, we will notify you 30 days in advance of making effective changes to these Terms that impact the rights or obligations of any party to these Terms, for example via a service notification or an email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

ARBITRATION AND CLASS ACTION WAIVER. Any dispute, claim or controversy arising out of or relating to these Terms of Service or the Website or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in New Jersey before one arbitrator. The arbitration shall be administered by JAMS pursuant to its JAMS' Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. With respect to the cost of the arbitration, when a consumer initiates arbitration against the company, the only fee required to be paid by the consumer is $250, which is approximately equivalent to current Court filing fees. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. To the fullest extent permitted by applicable law, you and Apothecarium each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and Apothecarium each waive any right to a jury trial. As a result, PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS. In no event shall any claim, action or proceeding by you or Sweed be instituted more than one (1) year after the cause of action arose. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and Apothecarium each agree to the exclusive jurisdiction of the Federal and State courts located in New Jersey, and you and Apothecarium each agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable dispute or claim.

In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Apothecarium’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

These Terms are an agreement between you and Apothecarium. If you have any questions about these Terms, please contact us at:

TerrAscend NJ LLC
130 Old Denville Road
Boonton, NJ 07005

or e-mail: privacy@apothecarium.com and write “Terms of Use” in the subject line.

This document was last updated on May 3, 2021
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