Last Updated: 03/10/2024

 

Welcome to Duke City Organix. Thank you for visiting. This website, as well as any other media form, media channel, mobile application, or mobile website related or connected thereto (collectively, the “Site") is owned and operated by Watts Industries, LLC (“Company" or “we"). The Site contains original content, text, images, designs, audiovisual materials, software, information, data, advertising, brands, and logos that incorporate intellectual property in which we own exclusive rights, or have the right to use (collectively, the “Content"). Your use of the Site and the Content, as well as any products (“Products”) or services supplied by us or on our behalf, including our text services or services provided through the Site (collectively, “Services”) is subject to these terms and conditions (the “Terms of Use"), which form a binding and enforceable agreement between you and us (the “Agreement"). These Terms of Use are intended to protect our rights so that we can provide you access to the Content on this Site. You agree to be bound by these Terms of Use by remaining on or returning to the Site.

 

When you interact with us through the Site by sending us an email or other electronic communication, we interpret, and you agree, that such communication satisfies any requirement under the law that such communication is legal writing. You further affirm that you are fully able and competent to enter the terms, conditions, obligations, affirmations, representations, and warranties outlined in these Terms of Use, and to abide by and comply with these Terms of Use. These Terms of Use apply to all users of the Site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.

 

USERS WITH QUESTIONS REGARDING THE LEGALITY OF CANNABIS AGREE THEY HAVE CONTACTED INDEPENDENT LEGAL COUNSEL OF THEIR CHOOSING OR HAVE KNOWINGLY CHOSEN TO WAIVE THAT RIGHT BEFORE USING THIS SITE OR SERVICES.

 

We may update this Agreement from time to time without notice. Supplemental terms and conditions or documents that may be posted on the Site from time to time, as well as any new features or tools added to the Site, shall also be subject to and are hereby expressly incorporated into these Terms of Use by reference. Any changes in our Terms of Use will be incorporated into a revised Agreement that we will post on the Site. All visitors must review changes to this Agreement, including any changes to our Privacy Policy. Unless otherwise specified, such changes shall be effective when they are posted. Your access or use of our Site constitutes your agreement to be bound by this Agreement, including any changes that exist when you re-access our Site.

 

IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT OR ANY POSTED GUIDELINES OR RULES, THEN PLEASE LEAVE THIS SITE IMMEDIATELY.

 

1. AGE VERIFICATION

To visit, participate in any activities and/or place an order on our Site you must be at least 21 years of age (or 18 years of age with a valid Medical Marijuana Identification Card or physician’s recommendation). Individuals under the age of 18 (or 21 for applicable Services) are prohibited from creating a Member Account, accessing the Site or Services, and ordering Products.

 

2. PRODUCT DISCLAIMER AND SAFETY ACKNOWLEDGMENT

On our Site, we may provide information about Products. Our Site may collect information about a user’s experiences and preferences related to the consumption of cannabis products. Cannabis is a Schedule 1 controlled substance under the Controlled Substances Act, and, therefore, the possession, cultivation, and distribution thereof, or conspiring with or assisting others to do the same, is federally illegal and can result in significant criminal and civil penalties. You further acknowledge that medical cannabis use is not recognized as a valid defense under federal laws regulating cannabis and that the interstate transportation of cannabis is a federal offense. ENGAGING IN ACTIVITIES OR BUSINESS RELATED TO CANNABIS IS AT YOUR OWN RISK.

 

By using the Site, you acknowledge that the information contained in these Terms of Use, the information provided on this Site, within any of the Company’s social media pages or channels, and all the documentation and literature included with any Product identified on the Site, was developed for informational and educational purposes only. In no way is any of the information contained in these Terms of Use or elsewhere on the Site intended to be a medical or prescriptive guide or a substitute for informed medical advice or care, nor is it intended to cover all possible uses, directions, precautions, or adverse effects. The Food and Drug Administration (“FDA") has not evaluated the statements regarding the Products on our Site. The efficacy of these Products has not been confirmed by FDA-approved research. These Products are not intended to diagnose, treat, cure, or prevent any disease. All information presented here is not a substitute for or alternative to information from health care practitioners. Please consult your healthcare professional about potential interactions or other possible complications before using any Product. The Federal Food, Drug, and Cosmetic Act requires this notice.

 

You should never delay seeking or disregard advice from a medical professional based on something you have read on the Site. Do not operate vehicles or machinery while under the influence of cannabis. Suppose you are pregnant or may be pregnant, breastfeeding, suffering from a known health condition, or taking any prescription medications. In that case, you should consult a physician or other health care professional before using cannabis. You and any other user of any Product on the Site are solely responsible for the use of such Product and the consequences of such use. Any illegal use or resale of any Products listed on the Site could subject you to fines, penalties, and/or imprisonment under state and federal law.

 

3. RESTRICTED LOCATIONS

We do not sell Products that qualify as THC-regulated cannabis material outside of jurisdictions where such activities are legally allowed. We comply with all regulations required by law applicable to our Products. We do not ship THC-containing cannabis Products. Please visit a licensed cannabis retailer to purchase THC-containing Products. Please check back frequently as these restrictions are subject to change.

 

Information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Persons who choose to access the Site from such locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

 

4. INTELLECTUAL PROPERTY

We or our licensors or partners own the intellectual property rights in the Content and materials displayed on the Site. These materials are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws, and we own or control all materials, or a third party that submitted materials to the Site owns the material. Except as expressly authorized by the Site, you may not modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display, or perform, edit, adapt, or create a derivative work of any material, Content or design elements obtained from the Site, including code and software (“Material”).

 

You may use the Site (including such Content and Material) for not-for-profit, non-commercial use but not for commercial purposes. We reserve the right to revoke your right to use the Site Content and Material for any reason upon notice. If you receive such a notice from us, you agree to discontinue such Site use.

 

No right, title or interest in any materials or software is transferred to you because of the use of this Site.

 

TRADEMARKS. Duke City Organix and other select depicted brands are trademarks to which Watts Industries, LLC ("Watts" hereafter) has rights in the U.S., whether federal registration has been pursued ("The Watts Trademarks"). The Watts Trademarks and any related trade dress may not be used without permission from a duly authorized officer of Watts. They may not be used in connection with any product or service that is not a Watts-endorsed or produced Product or service. All other trademarks not owned by Watts that appear on the Site are the property of their respective owners.

 

COPYRIGHTS Certain content on this Site, including but not limited to literary, dramatic, musical, visual, and other artistic works, is protected by U.S. Copyright Law, and you agree that you will not reprint, republish, or distribute any portion of the Content without express written permission to do so.

 

5. DMCA POLICY

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.

 

This Site respects the intellectual property rights of others. If you believe in good faith that materials hosted by the Site infringe your copyright (for example, materials posted by a user in connection with a review), you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. If you believe that your copyright-protected work has been copied and posted on the Site in a way that constitutes copyright infringement, then please get in touch with our DMCA Designated Agent (as identified below), with the following information:

 

An electronic signature of the person authorized to act on behalf of the copyright owner or other intellectual property interest.

 

Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL); Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);Your address, telephone number, and email address; A statement that you have a good faith belief that the disputed use is not authorized or consented to by the copyright or intellectual property owner, its agent, or the law; and A statement, made under penalty of perjury, that the above information in the notice is completely accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.

 

It is our policy that, upon receiving of a valid DMCA notice, we will remove or disable access to allegedly infringing material. There are substantial penalties for false claims (see 17 U.S.C. § 512(f) - providing sanctions for material misrepresentations of copyright infringement).

 

Pursuant to Title II of the DMCA, all claims alleging copyright infringement for material that you believe to be residing on our Site, system or network should be promptly sent in the form of written notice to our designated agent:

 

DESIGNATED AGENT FOR DMCA NOTICES AND PROCESS (THE "DMCA AGENT"): Watts Industries, LLC Attn: Watts DMCA 200 Oak St NE Suite 6, Albuquerque, NM 87106 EMAIL: info@dukecityoganix.com.

 

You may not send other notices or communications to the DMCA Agent, appointed solely to receive notices of claims alleging copyright infringement under the DMCA.

 

FILING A DMCA COUNTER-NOTIFICATION. If you believe a notice of alleged copyright infringement under the DMCA has been wrongly filed against you, you may submit a counter-notification to our DMCA Agent. Specific requirements for a proper counter-notification are set forth in the DMCA (see 17 U.S.C. § 512(g)(3)). A valid counter-notification must be a written communication that includes all of the following elements:

 

A physical or electronic signature; Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification and; Please provide your name, address, and telephone number and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside the U.S., for any judicial district in which the service provider may be found, and that you will accept service of process from the complainant.

 

Upon receipt of a valid counter-notification, we will forward it to the original complainant who submitted the DMCA notice alleging copyright infringement. The original complainant will then have ten days to notify us that it has filed a lawsuit relating to the allegedly infringing material otherwise we will restore the removed material or cease disabling access to it.

 

REPEAT INFRINGER POLICY. Pursuant to Section 512 of the DMCA, it is our policy to terminate the Member Account or other account/access of any repeat copyright infringer in appropriate circumstances.

 

6. USE OF THE SITE

You may not use the Site in any way that is objectionable, unlawful, or impairs the functioning or use of the Site by us or other users. If, in our sole discretion, you violate these Terms of Use, we may suspend, deny or restrict your access to the Site or any Content. Our decision whether to suspend, deny or restrict access in no way limits any other right or remedy that we may have against you. We may take any other action that we deem appropriate to protect ourselves and our users.

 

More specifically, under these Terms of Use, you agree to refrain from, among other things, use of the Site or the Content in a manner that: is threatening, harassing, abusive, defamatory, slanderous, fraudulent, gratuitously violent, obscene, deceptive, pornographic, libelous, harmful to minors, invasive of another's privacy, or racially, ethnically or otherwise offensive, hateful or abusive; infringes or misappropriates our, or a third party's, intellectual property, confidentiality, or other rights; violates export or re-export control laws and regulations;

advocates or solicits violence, criminal conduct or the violation of law or the rights of any third party; distributes advertising or promotional content; compiles, uses, downloads or otherwise copies any user information or usage information (whether or not such information constitutes personally identifiable information), or that impermissibly transmits, provides or otherwise distributes such information to any third party; provides material support, or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources), to any organization designated by the United States Federal Government as a foreign terrorist organization according to Section 219 of the Immigration and Nationality Act;

decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate the Site or that is available through the Site; accesses (or attempts to access) the Site or any of the Content by any means other than through the means that we provide, including without limitation by any automated script or routine, including "robots," "spiders," "offline readers," bots, web crawlers or other means that access the Site or the Content in a manner that sends more request messages to servers in a given period than a human can reasonably produce in the same period by using a conventional online web browser; interferes with or disrupts the Site (or the servers and networks which are connected to the Site), whether via malicious software or otherwise; or

reproduces, duplicates, redisplays, frames, makes copies of, or resells the Site, or any of the Content for any purpose without our express, written permission.

 

You may not use this Site to transmit unsolicited email. You may not send unsolicited emails to this Site or anyone whose email address includes the domain name used on this Site. You may not use our domain name as a pseudonymous return email address for any communications you transmit from another location or service. When using this site, you may not pretend to be someone else—or spoof their identity.

 

You may neither actually nor attempt (nor otherwise authorize, encourage, or support others) to circumvent, re-engineer, decrypt, break, or otherwise alter or interfere with the Site or its operations.

 

Use of any Content or Material for any purpose not expressly permitted in this Agreement is prohibited. For information on requesting permission to use, reproduce or otherwise distribute any of the Site Content or Material for commercial purposes, please send a written electronic request to info@dukecityorganix.com. Decisions to grant or deny permission are within our sole discretion.

 

7. SITE CONTENT DISCLAIMER

Our Site may also contain facts, views, opinions, and statements of third parties, visitors, and other organizations. The Site, its parents, affiliates, and subsidiaries do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through our Site. You acknowledge that any reliance upon any such advice, opinions, statement, or other information shall be at your sole risk, and you agree that the Site, its parents, affiliates, and subsidiaries shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any advice, opinions, statements or other information displayed or distributed on our Site. The Site and its Content do not constitute endorsements or guarantees by the Site of any featured venue or the Products or services available from such venues.

 

Content on the Site is provided to you AS IS for your information and personal use only. It may not be used, copied, reproduced, aggregated, duplicated, distributed, transmitted, broadcast, displayed, sold, resold, licensed, or otherwise exploited for any commercial purpose that is not expressly permitted and authorized with the prior written consent of the respective owners. We are not responsible if the Content is not accurate, complete, or current. The Content is provided for general information only. It should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete, or timely sources of information. Any reliance on the Content is at your own risk. We reserve the right to modify the Content without notice at any time. We shall not be liable to you or to any third party for any modification, change, suspension, or discontinuance of the Site, Services, or Products.

 

Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, promotions, offers, Product delivery charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site or Service or on any related website is inaccurate at any time without prior notice (including after you have submitted an order). We undertake no obligation to update, amend, or clarify information on the Site or related to the provision of any Product, Service, or any related website, including without limitation pricing information, except as required by law. No specified update or refresh date applied in the Site or Service or on any related website should be taken to indicate that all information in the Site or Service or on any related website has been modified or updated.

 

8. YOUR SUBMISSION OF PERSONAL INFORMATION TO THE SITE

To participate in activities on our Site, we may request that you submit certain personally identifiable information about yourself, including, for example, your name and personal contact information (“personal information”). We may also gather certain types of non-personally identifiable information about your visit to protect the security of our members or our Site or to make our Content more enjoyable for all our visitors.

 

All information gathered from visitors by the Site will be governed by our Privacy Policy, which is incorporated in this Terms of Use Agreement by reference. If there is a conflict between the terms of this Agreement and our Privacy Policy terms of the Privacy Policy will prevail. Please carefully review our Privacy Policy (https://www.dukecityorganix.com/privacy-policy) to understand our collection, use, and disclosure practices.

 

9. ELECTRONIC SITE COMMUNICATIONS

The communications between you and us via this Site use electronic means, whether you visit this Site or send us an email, or whether we post notices on this Site or communicate with you via email. For contractual purposes, once you sign up for email notices with the Site, you consent to receive communications from us in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. By providing your email address, you agree that we may send you emails concerning our Site and Services and information related to third parties. You can opt out of such emails by following instructions to unsubscribe, which will be included in each email.

 

If you provide us with your cell phone number and opt-in to our text service, you agree and consent to receive specific text messages regarding the Site, Products, and Services. These text messages may relate to the Site’s operations or include promotional messages. Your mobile device carrier will apply standard text messaging rates to our text messages. You can opt out of receiving text messages by replying “STOP” to any text message sent by us. After requesting to opt out, you may receive text messages from us briefly while your request is processed.

 

Automatic telephone dialing systems may generate company text messages, and you hereby waive your right to pursue any claims (including any claim that arises while your request to opt-out is pending) under the Telephone Consumer Protection Act (“TCPA”). To the extent any claim under the TCPA cannot be waived, by using the Site or Services, you are agreeing that any claim against the Company that cannot be waived but which arises under the TCPA (including any claim that arises while your request to opt-out is pending), will be arbitrated on an individual, and not on a class or representative, basis, in accordance with the Choice of Law and Forum provisions of these Terms of Use.

 

As further detailed in our Privacy Policy, you may unsubscribe from our email list anytime. Instructions to unsubscribe are enclosed in each email, with alternate options specified in our Privacy Policy. Please note that there are some circumstances (e.g., organizational audits) when we may need to contact you even if you unsubscribe. Users also agree to be contacted in this case even if they have unsubscribed.

 

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 

10. REGISTRATION AND MEMBER ACCOUNTS

Registration with the Site’s email list may be required to access certain services, including, without limitation, promotions, special offers, Product discounts, etc. We will handle your registration information in accordance with our Privacy Policy, which you should review prior to registering with us. We encourage you to keep us informed about changes in your personal contact and email information.

 

To register to use certain features of the Site, you may also be required to complete a registration process to obtain a member account (“Member Account”) through our Site or in one of our retail stores. To obtain a Member Account, you may be asked to provide your name, phone number, email address, mailing address, date of birth, interests, and other information. You will then be given the option to create a profile, in response, you may, but are not required to, provide additional information about yourself (“User Information”). You must provide complete and accurate information during the registration process, and you must update this information if and when it changes.

 

By registering with the Site, you agree to receive periodic electronic correspondence from us regarding your Member Account, the Site, our partners and/or any of our Services. You may opt in to receive additional communications from us or our partners.

 

When creating a Member Account, you will be asked to provide a username and password. You are solely responsible for maintaining the confidentiality of your password. You may not use someone else's account, username, or password at any time. You are also solely responsible for any activities that occur under your registration. You agree to notify us immediately of any unauthorized use of your account, username, or password.

 

You agree that you will not create more than one Member Account. By registering and obtaining a Member Account, you affirm that you will follow the Terms of Use. Your registration constitutes your consent to agree with us electronically. We shall not be liable for any loss you incur due to someone else using your account, username, or password, either with or without your knowledge. You may be liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account, username, or password. We reserve the right to terminate your registration or to refuse the Services to you, without prior notice, at any time and for any reason or no reason.

 

11. USER CONTENT

All comments, feedback, suggestions, ideas, submissions, or other information disclosed, submitted, or offered to Duke City Organix on or by this Site or otherwise disclosed, submitted, or offered in connection with your use of this Site (collectively, “User Content”) whether submitted in writing or electronically, shall be and remain Watts property. Such disclosure, submission, or offer of any User Content shall constitute an assignment to Watts of all worldwide rights, titles, and interests in all copyright and other intellectual property in the User Content. Thus, Watts will own exclusively all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise, of any User Content. Watts is and shall be under no obligation: (a) to maintain any User Content in confidence; (b) to pay the user any compensation for any User Content; or (c) to respond to any User Content. However, all actions taken in connection with your User Content will be subject to the limitations set forth in our Privacy Policy.

 

You agree that information provided to us by our visitors may be inaccurate or can change with little or no notice. Watts is not responsible for inaccurate information provided by visitors to the Site. We take no responsibility and assume no liability for any User Content posted by you or any third party.

 

You agree that we may publish or otherwise disclose your name in connection with your User Content in our sole and absolute discretion. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content and are authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. You agree that User Content submitted by you to the Site will not violate any right of any third party, including copyright, trademark, privacy, publicity, or other personal proprietary right(s). You further agree that no User Content submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site, Services, or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any User Content. You are and shall remain solely responsible for any User Content you make.

 

Finally, we ask that you not send us your ideas for our business. Here’s why. We are always thinking and creating, and we may have similar ideas. To avoid any disputes between us relating to ideas that you have submitted to us, you agree that they shall be treated as User Content under these Terms of Use.

 

12. THIRD-PARTY LINKS

Our Site may contain links and pointers to other websites and Internet resources controlled by third parties. These links are provided solely as a convenience to you and do not constitute an endorsement by the Site, their parents, affiliates or subsidiaries of any third-party resources or content. Links do not imply that the Site sponsors is affiliated, or associated with, or otherwise recommends, certifies, or endorses the third-party link or site. Any concerns regarding external links or websites should be directed to the respective website administrator or system operator. In its sole discretion, the Site reserves the right to terminate links with any third parties or other website that they deem inappropriate or inconsistent with the Site. The Site, its parents, affiliates, and subsidiaries make no representations about the content, functionality, or practices of any third-party sites and resources and expressly disclaim any warranties, express or implied, with respect thereto.

 

Generally, we do not object to links to the Site from third-party websites. You may link to the Site using the plain text name of the Site and only link to the home page of the Site. Do not, without our written permission: (a) incorporate any of our Content into your website (e.g., by in-lining or framing); (b) use any of the Watts Trademarks, service marks, taglines, slogans, trade names or any other words or codes identifying Watts, The Watts Trademarks, or the Site in any “meta tag.”

 

13. LEGAL COMPLIANCE

You acknowledge, consent, and agree that we may access, preserve, and disclose the information you have submitted to us, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is permitted by our Privacy Policy or reasonably necessary or appropriate for any of the following reasons: (1) to comply with legal process; (2) to enforce these Terms; (3) to respond to claims that any content violates the rights of third parties; (4) to protect our rights, property, or personal safety, or those of any of our partners, agents and affiliates, our users, and the public; or (5) to address your requests.

 

14. DISCLAIMER OF WARRANTIES

THE INFORMATION ON THE SITE IS PROVIDED “AS IS.” THE SITE DOES NOT WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED ON THE SITE OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

 

ALTHOUGH THE INFORMATION PROVIDED TO VISITORS ON THE SITE IS OBTAINED OR COMPILED FROM SOURCES, WE BELIEVE TO BE RELIABLE, THE SITE CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO VISITORS OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE. NEITHER THE SITE, NOR ANY OF THEIR PARENTS, PARTNERS, AFFILIATES, SUBSIDIARIES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OPERATIONAL OR PROMOTIONAL PROVIDERS, PROGRAM PRODUCERS OR SPONSORS ARE LIABLE OR SHALL HAVE RESPONSIBILITY OF ANY KIND TO ANY VISITOR FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF: (I) ANY FAILURE OR INTERRUPTION OF THIS SITE; (II) ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED IN MAKING THE SITE OR THE DATA CONTAINED HEREIN AVAILABLE TO YOU; (III) ANY OTHER CAUSE RELATING TO YOUR ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THE SITE OR MATERIALS ON THE SITE; (IV) YOUR INTERACTION OR SUBMISSIONS ON THE SITE, INCLUDING, BUT NOT LIMITED TO, RESUMÉ OR EMPLOYMENT SUBMISSIONS OR DIALOGUE BETWEEN HOSTS; OR (V) FROM YOUR FAILURE TO COMPLY WITH THIS AGREEMENT, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF THE SITE OR OF ANY VENDOR PROVIDING SOFTWARE, SERVICE OR SUPPORT. IN NO EVENT WILL THE SITE, ITS PARENTS, PARTNERS, AFFILIATES, SUBSIDIARIES, MEMBERS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND EVEN IF THE SITE, ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. PLEASE BE ADVISED THAT ONCE YOU LEAVE THE SITE, YOUR USE OF THE INTERNET WILL BE GOVERNED BY THE TERMS OF USE AGREEMENTS AND PRIVACY POLICIES, IF ANY, OF THE PARTICULAR SITE THAT YOU ARE ACCESSING, INCLUDING THOSE OF OUR OPERATIONAL PROVIDERS, ADVERTISERS, SPONSORS AND PROMOTIONAL PARTNERS. THE SITE, ITS PARENTS, PARTNERS, AFFILIATES, SUBSIDIARIES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE OR LIABLE FOR THE CONTENT, ACTIVITIES OR PRIVACY PRACTICES OF THE OTHER SITE, OR ANY LOSS OR DAMAGE THAT COULD RESULT FROM LEAVING THE SITE.

 

NEITHER COMPANY NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE, INJURY, CLAIM, OR LIABILITY OF ANY KIND BASED UPON OR RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES OR ANY PRODUCTS, INCLUDING ANY PURCHASES MADE.

 

We reserve the right to limit the quantities of any Products or Services we offer and to discontinue any Product at any time. Any offer for any Product or Service made on this Site is void where prohibited. WE DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATION OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

 

Notwithstanding anything to the contrary contained herein, the Company and its affiliates’ liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the greater of (a) the amount paid, if any, by you to Company for the Products or Services during one (1) month prior to any cause of action arising, and (b) five dollars ($5).

 

15. VIOLATIONS AND INDEMNIFICATION

Your access to, and use of, the Site are subject to these Terms of Use. If you violate any of these Terms of Use, you agree that we may deny you access to the Site. You agree to indemnify, defend and hold harmless us, our affiliates and our licensors, as well as the respective officers, directors, affiliates, employees, or agents of us or any such entities, from and against all losses, expenses, damages and costs, including reasonable attorneys' and experts' fees, arising from or related to claims made by any third party due to or arising out of (a) any content you (or any parties who use your computer, with or without your permission) submit, post or upload to or transmit through the Site, (b) your use of the Site (or use of the Site by any parties who use your computer, with or without your permission), (c) your violation of these Terms of Use or your violation of any laws or regulations or the rights of another through the use of the Site (or such violations by any parties who use your computer, with or without your permission). These indemnity obligations will survive the termination of your relationship with us or your cessation of use of the Site. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you. In this event, you will cooperate with us in asserting any available defenses. If asked to do so, you agree that you will not attempt to access this Site. Your indemnification obligation herein shall survive termination or expiration of these Terms of Use.

 

NOTICE FOR CALIFORNIA USERS. Under California Civil Code Section 1789.3, California Websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

 

16.CHOICE OF LAW AND FORUM

The Site originates from and is in the United States, and this Agreement shall be governed by and construed under the laws of the State of New Mexico, excluding its conflicts of law rules. Any dispute arising out of or relating to this Agreement, or your access or use of the Site will be subject to the exclusive jurisdiction of the courts located within the state of New Mexico, and you hereby submit to the personal jurisdiction of such courts. Suppose any provision in this Agreement is held invalid or unenforceable. In that case, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of this Agreement shall remain in full force and effect. Nothing in these Terms of Use will prevent the Company from seeking injunctive or other equitable relief, payment of amounts due, or enforcement of an award before any court having jurisdiction over any person or otherwise over such subject matter.

 

17. DISPUTE RESOLUTION

This Agreement shall be construed and interpreted per the laws of the State of California, without giving effect to that State's choice-of-law rules. Any claim, controversy or dispute arising out of or relating to this Agreement will be exclusively governed by California law consistent with the California Arbitration Act.

 

You agree to attempt in good faith to settle any controversy between us. If we cannot settle a controversy, you agree to submit in good faith to mediation of the dispute. Any controversy or claim arising out of or relating to this Agreement or the breach thereof that remains unsettled by the Parties through mediation, shall be settled by arbitration in the State of California in accordance with the rules of JAMS then in effect, and judgement upon the award rendered by the arbitrator(s) shall be final and binding upon the parties hereto. You and the Company shall bear their own legal costs incurred in the settlement of any controversy or claim. The arbitration will be kept confidential among you, the Company, JAMS, and the arbitrator(s), except as required in connection with any enforcement of such award or otherwise required by law.

 

YOU HEREBY WAIVE TRIAL BY JURY IN ANY ACTION OR PROCEEDING INVOLVING, DIRECTLY OR INDIRECTLY, ANY MATTER IN ANY WAY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.

 

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, REPRSENTATIVE, OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE SITE, PRODUCTS, OR SERVICES SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.

 

You consent to personal and subject matter jurisdiction in California and agree to accept personal service of process relating to any such disputes. You agree you will not initiate or seek to transfer in any way an action relating to or arising out of the Agreement to any other forum.

 

18. SECURITY MEASURES

Please review our Privacy Policy (https://www.dukecityorganix.com/privacy-policy) for information on our website security measures and protecting your personal information.

 

19. MISCELLANEOUS

These Terms of Use constitute the entire agreement relating to your use of the Site and the subject matter addressed herein. The section titles used in these Terms of Use are for convenience only and have no legal or contractual effect. This Site is located and operated in the United States. We make no claims that the Content or materials displayed, distributed, made available, or accessed through the Site are appropriate or may be downloaded outside of the United States. Access to the Site and/or any Content or such Materials may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

 

If any provision contained herein is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions set forth herein, which shall remain in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.

 

No joint venture, partnership, employment, or agency relationship is created between you and the Company because of these Terms of Use or your use of the Site or Services. Upon the Company’s request, you agree to furnish the Company with any documentation, substantiation, or releases necessary to verify or effectuate your compliance with these Terms of Use.

 

20. CONTACT INFORMATION

If you have questions about these Terms of Use, contact us at info@dukecityorganix.com.