Terms & Conditions of Use
Welcome to the 14er website, which is owned and operated by Sustainable Health, LLC, a recreational and medical marijuana retail store and cultivation business located in Boulder, Colorado (doing business as “14er”). This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
1. Agreement
This Terms of Use agreement (the “Agreement”) specifies the terms and conditions for access to and use of the Sustainable Health, LLC website located at 14erboulder.com (the “Site”) and describes the terms and conditions applicable to your access to and use of the Site. This Agreement may be modified at any time by Sustainable Health, LLC upon posting of the modified Agreement, and any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at 14erboulder.com. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
2. Nature of the Site; Online Orders for In-Store Pickup
The Site is provided for informational purposes and to allow you to place an order to reserve products for pickup at our store. The Site is not an e-commerce platform, and no products may be purchased online through the Site. Any order you place through the Site is a request to reserve products for in-store pickup only; it is not a completed sale, and no payment is taken or processed online. All reservations are subject to availability and to verification of eligibility at the time of pickup, and payment for any reserved products is made in person at the store at the time of pickup. Sustainable Health, LLC does not ship any products to consumers by any means.
3. Privacy
Your visit to our Site is also governed by our Privacy Policy. Please review our Privacy Policy at 14erboulder.com/privacy-policy.
4. Eligibility; Age and Location Restrictions
By accessing this Site, you expressly affirm that you are twenty-one (21) years of age or older and that it is legal to access this information in your state. Products may be reserved for in-store pickup only by persons who are twenty-one (21) years of age or older and located in the State of Colorado. Products cannot be purchased online and may only be reserved for pickup in store. You are responsible for abiding by the laws of the state in which you are a resident, and you expressly acknowledge and assume full responsibility for cooperating with the laws of the state of your residence.
5. No Medical Advice
The contents of the Site, including any text, graphics, images, or information obtained from the Site, are for informational purposes only. Marijuana products are not intended to diagnose, treat, cure, or prevent any disease. The content on this Site is not intended to be a substitute for professional medical advice, counseling, diagnoses, or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition before using marijuana products.
6. No Warranties or Guarantees on Products
Sustainable Health, LLC does not offer any warranties or guarantees on its products. All products are provided without warranty of any kind, and nothing on the Site shall be construed as creating any warranty or guarantee with respect to any product.
7. No Subscriptions; No Returns or Refunds
There are no subscription services or recurring billing options offered through the Site. Because no products are sold or paid for online and all payment occurs in store, Sustainable Health, LLC does not offer any returns or refunds through the Site.
8. Ownership
All content included on this Site is and shall continue to be the property of Sustainable Health, LLC or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use, or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
9. Trademarks
Sustainable Health, 14er Holistics, 14er Gardens, 14er Infusions, 14er Brands, and 14er Boulder, and others are either trademarks or registered trademarks of Sustainable Health, LLC. Other product and company names mentioned on this Site may be trademarks of their respective owners.
10. Site Use
Sustainable Health, LLC grants you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Site, reverse engineer or break into the Site, or use materials, products, or services in violation of any law. The use of this website is at the discretion of Sustainable Health, LLC, and Sustainable Health, LLC may terminate your use of this website at any time.
11. Compliance with Laws
You agree to comply with all applicable laws regarding your use of the website. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
12. Loyalty Program
Sustainable Health, LLC may offer a loyalty program that allows enrolled customers to accrue and redeem points or rewards in connection with qualifying in-store purchases. Enrollment in and continued participation in the loyalty program are subject to any eligibility requirements and program rules that Sustainable Health, LLC may establish from time to time. Points and rewards have no cash value, are not redeemable for cash, and are not transferable. Sustainable Health, LLC reserves the right to modify, suspend, or terminate the loyalty program, or any points or rewards accrued under it, at any time and for any reason, with or without notice.
13. Indemnification
You agree to indemnify, defend, and hold Sustainable Health, LLC and our partners, employees, and affiliates harmless from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
14. Disclaimer of Warranties
THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. SUSTAINABLE HEALTH, LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
15. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL SUSTAINABLE HEALTH, LLC BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE. You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
16. Attorney’s Fees
Sustainable Health, LLC shall be entitled to reasonable attorney fees and costs as determined by the Court if it is the prevailing party in any action related to the Site. The prevailing party shall be determined based upon an assessment of which party’s arguments or positions could fairly be said to have prevailed over the other party’s arguments or positions on major disputed issues at trial. Such assessment should include evaluation of the following: the amount of the net recovery, the primary issues disputed by the parties, whether the amount of the award comprises a significant percentage of the amount sought by the claimant, and the most recent settlement positions of the parties.
17. Use of Information
Sustainable Health, LLC reserves the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
18. Applicable Law
You agree that the laws of the State of Colorado, without regard to conflicts of laws provisions, will govern these Terms and Conditions of Use and any dispute that may arise between you and Sustainable Health, LLC or its affiliates. Federal law shall not be a defense to breach of this Agreement.
19. Severability
If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
20. Waiver
The failure of Sustainable Health, LLC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Sustainable Health, LLC must be in writing and signed by an authorized representative of Sustainable Health, LLC.
21. Termination
Sustainable Health, LLC may terminate this Agreement at any time, with or without notice, for any reason.
22. Relationship of the Parties
Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume, or create, in writing or otherwise, any warranty, liability, or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
23. Entire Agreement
This Terms of Use constitutes the entire agreement between you and Sustainable Health, LLC and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Sustainable Health, LLC with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website.
24. Modifications to These Terms
Sustainable Health, LLC may revise this Terms of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.
25. Contact Information
Sustainable Health, LLC 2897 Mapleton Ave, Suite 800, Boulder, CO 80301 303-539-6525 info@14erboulder.com