Terms of Use & Service
Pilot Mountain Cannabis conducts its business by offering various products to our customers. These Terms & Conditions (“Terms”) apply to all of your activities engaged with Pilot Mountain Cannabis (e.g., purchasing products, receiving purchase rewards, etc.), including all of its websites (“Services”).
If you live in the United States or Canada, by agreeing to these Terms you are agreeing to waive any and all jury trials and resolve any dispute with Pilot Mountain Cannabis through binding arbitration (see the Dispute Resolution section, below).
Login Credentials
You may need to set up an account with Pilot Mountain Cannabis. You have responsibility for your Pilot Mountain Cannabis account, and you must ensure that all the information you provide Pilot Mountain Cannabis with is accurate, including your e-mail address. You should hold your username and password in strict confidence. If someone other than you obtains and uses your login credentials, Pilot Mountain Cannabis reserves the right to disable your account, without providing you with a refund.
Acknowledgment
Pilot Mountain Cannabis sells certain CBD products that are derived from hemp to individuals aged 21+. It is Pilot Mountain Cannabis’s understanding that such products contain an amount of THC that is within the allowable limits prescribed by federal law and the laws of Pilot Mountain Cannabis’s primary place of business. Pilot Mountain Cannabis does not and shall not guarantee or otherwise represent to you that its products are legal in your state or territory. It is up to you, independently of any effort undertaken by Pilot Mountain Cannabis, to determine the legality of Pilot Mountain Cannabis’s products within your state or territory.
In addition, you should consult with a physician before using any product sold by Pilot Mountain Cannabis. A doctor’s advice should be considered before using any hemp product. Any statements made by Pilot Mountain Cannabis have not been evaluated by the FDA, and any products sold by Pilot Mountain Cannabis are not intended to diagnose, treat, cure, or prevent any disease.
Payment
You agree to pay the fees for Pilot Mountain Cannabis’s Services that you elect to purchase, and you authorize Pilot Mountain Cannabis to charge your debit or credit card or process other forms of payment for those fees. Pilot Mountain Cannabis will not provide refunds, unless Pilot Mountain Cannabis determines, in its sole discretion, that a refund is warranted.
Pilot Mountain Cannabis’s Rights
All rights, title, and interest in and to Pilot Mountain Cannabis’s online presence and its Services, including its website, its existing or future applications, its mobile applications, and its databases are and will remain the exclusive property of Pilot Mountain Cannabis. You cannot use the Pilot Mountain Cannabis name or any of the Pilot Mountain Cannabis trademarks, logos, domain names, marketing materials, or other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Pilot Mountain Cannabis or the Services is entirely voluntary and Pilot Mountain Cannabis is free to use such feedback, comments, or suggestions as it sees fit and without any obligation to you.
In accessing Pilot Mountain Cannabis’s website or utilizing its materials and Services, you agree that you shall not copy, modify, create a derivative work of, reverse engineer, or reverse assemble Pilot Mountain Cannabis’s Services or materials. In addition, you shall not use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as Pilot Mountain Cannabis) to others.
Use of our products by underage persons
Pilot Mountain Cannabis does not knowingly sell products or provide Services to children under the age of twenty-one. If you are under the age of twenty-one, you must not use our Products or Services.
Miscellaneous Terms
You agree that by registering, accessing, or using Pilot Mountain Cannabis’s Services, you are agreeing to enter into a legally binding contract with Pilot Mountain Cannabis that consists of these Terms and Pilot Mountain Cannabis’s Privacy Policy. If you do not agree to these Terms and Pilot Mountain Cannabis’s Privacy Policy, do not register, access, or otherwise use any of Pilot Mountain Cannabis’s Services or Products.
You also agree that these Terms represent the entire understanding between you and Pilot Mountain Cannabis, and they supersede all previous agreements, whether oral or written between you and Pilot Mountain Cannabis. No change or modification of these Terms shall be valid unless the same is in writing and published by Pilot Mountain Cannabis on its website. If any portion of these Terms is found to be invalid or unenforceable, it shall be severable from all other portions of these Terms.
Neither the waiver by Pilot Mountain Cannabis of a breach of or a default under any of the provisions of these Terms, nor the failure by Pilot Mountain Cannabis, on one or more occasions, to enforce any of the provisions of these Terms or to exercise any right or privilege hereunder shall thereafter be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any provisions, rights or privileges hereunder.
Pilot Mountain Cannabis’s Services and products are provided on an “as-is” and “where-is” basis. Pilot Mountain Cannabis makes no representations or warranties about the suitability, reliability, availability, timeliness, or security of the Services or Pilot Mountain Cannabis’s products, and expressly disclaims any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Pilot Mountain Cannabis makes no warranty that you will obtain specific results from the use of the Services. Your use of the Services is entirely at your own risk.
You also agree that Pilot Mountain Cannabis shall not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, as a result of Pilot Mountain Cannabis’s Services or your purchase or use of Pilot Mountain Cannabis’s products. Pilot Mountain Cannabis’s liability to you or any third parties under any circumstance is limited to the total amount paid by you to Pilot Mountain Cannabis over the previous 12-month period before the event giving rise to your claim(s).
You agree to indemnify, defend, and hold harmless Pilot Mountain Cannabis and its members, managers, suppliers, partners, and agents and against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from any actions taken by you that are intentional or negligent. Your indemnification obligation will survive the termination of these Terms and your use of the Services. You also agree that no joint venture, partnership, employment, contractor, or agency relationship exists between you and Pilot Mountain Cannabis.
Dispute Resolution and Class Action Waiver
Your relationship with Pilot Mountain Cannabis and use of Pilot Mountain Cannabis’s Services and materials shall be governed by the laws of the State of North Carolina, and any disputes arising under these Terms shall be adjudicated in North Carolina.
You agree that any controversy or claim arising out of or relating to these Terms or your relationship with Pilot Mountain Cannabis and use of Pilot Mountain Cannabis’s Services and products shall be settled by arbitration administered by the American Arbitration Association in accordance with its Expedited Procedures of the Commercial Arbitration Rules. The arbitration hearing shall take place before a single arbitrator in North Carolina. This agreement to arbitrate shall be enforceable under and subject to the Federal Arbitration Act, 9 U.S.C. Sections 1, et. seq. In addition, no arbitration proceeding hereunder shall be filed or pursued as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or persons similarly situated. Moreover, no arbitration proceeding hereunder shall be consolidated with or joined in any way with, any other arbitration proceeding. THE PARTIES AGREE TO ARBITRATE ON AN INDIVIDUAL BASIS AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
Changes to this document
When Pilot Mountain Cannabis deems it appropriate, it may update these Terms to clarify its practices or to reflect new or different practices. Pilot Mountain Cannabis reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If Pilot Mountain Cannabis makes any material change, it will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through its website. Modifications will become effective on the day they are posted unless stated otherwise.
Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.