Terms of Use

Effective Date: October 9, 2024
Last Updated Date: October 30, 2024

Welcome to Swisher Blunts^TM.

By using the Swisher Blunts website (swisherblunts.com, our “Site”), you agree to the following Terms of Use (“Terms”). References to “you” and “your” refer to you, a user of the Site. “We” (or “us” or “our”) refers to GI-HI Holdings LLC, its owners, subsidiaries, affiliated companies, agents and their directors, officers, employees.

You acknowledge that you are either twenty-one (21) years of age or older, or a registered qualifying medical marijuana patient in the State of Michigan, and in either case, that you are not otherwise legally prohibited from accessing this Site. By using the Site, you certify that you meet those criteria.

THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH IN “ARBITRATION AGREEMENT, CLASS ACTION WAIVER, JURY TRIAL WAIVER, AND FORUM SELECTION CLAUSE” BELOW, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS, MEANING YOU CANNOT BRING CLAIMS AGAINST US IN COURT, AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION WAIVER IN ARBITRATION. PLEASE READ IT CAREFULLY AS IT IMPACTS YOUR LEGAL RIGHTS.

Acknowledgement of Federal Law

By utilizing this Site, you explicitly acknowledge and agree that our products are exclusively designed for the residents of the jurisdiction in which they are sold, for purchase and use in compliance with the applicable laws of that jurisdiction, which permit and regulate adult-use and/or medical cannabis. Despite certain U.S. state laws legalizing and regulating cannabis, it remains categorized as a Schedule I controlled substance under the United States Controlled Substances Act and is still prohibited by certain U.S. state laws. Therefore, under United States federal law, the manufacturing, distribution, dispensing, or possession of cannabis, as well as advertising cannabis for sale remains illegal. You are responsible for complying with the applicable laws regarding cannabis in your jurisdiction. All of our cannabis products are intended for personal use only in the jurisdiction in which they are sold.

Modification of Terms

We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site. You agree that the Site has no obligation to provide any updates or to continue to provide or enable any particular features, functionality, tools or content, and will not be liable with respect to any such modifications or discontinuance.

Consequences of Non-Compliance

Your failure to comply with the Terms may result in the suspension or termination of your access to the Site, and may subject you to civil and criminal penalties.

Intellectual Property

The Site and all of the content on it, except as otherwise specified, contains our owned or licensed property (or that of our affiliates), including all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, and any other images or other materials we place in or on the Site (collectively, the “Content”), and the trademarks, service marks, logos, trade dress, and other protectable intellectual property contained therein (the “Marks”). The Content and the Marks are provided on the Site “as is” for your information only. You shall not copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit any part of the Site, the Content, or the Marks for any commercial or other purpose whatsoever.

This Site uses Google Maps to let you find licensed retailers where our products can be purchased. This feature is provided by Google subject to Google’s Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.htmland Google Privacy Policy athttps://www.google.com/policies/privacy/.

Your Content

By sharing content with us (“Your Content”), you hereby grant us a worldwide, non-exclusive, transferable, sublicensable, royalty-free right and license to use, copy, reproduce, process, adapt, modify, distribute, post, broadcast, publicly perform, publish and display Your Content in any and all media, including to operate the Site and for product development and de-bugging purposes.

You agree that this license includes the right for us to provide, promote, and improve the Site and our products, and to make Your Content available to other companies, organizations or individuals who have a business relationship with us for the syndication, broadcast, distribution or publication of Your Content on other media and services, subject to these Terms.

Such additional uses by us, or other companies, organizations or individuals who partner with us, may be made with no compensation paid to you with respect to Your Content.

We may modify or adapt Your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to Your Content as are necessary to conform and adapt that content to any requirements or limitations of any networks, devices, services or media.

We do not claim any ownership rights in Your Content and nothing in the Terms will be deemed to restrict any rights that you may have to use and exploit any such content, subject only to the licenses granted to us under these Terms.

You acknowledge and agree that you are solely responsible for Your Content, and for any consequences thereof, including the use of Your Content by us or our third-party partners.

You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted in these Terms to Your Content, and that neither Your Content, nor our use of Your Content (or any portion thereof) on or through the Site will infringe, misappropriate, or violate the rights of any person or entity, including patent, copyright, trademark, trade secret, moral rights, industrial rights, database rights or other proprietary or intellectual property rights, rights of publicity or privacy or data protection or contractual rights, or result in the violation of any applicable law or regulation.

User Responsibilities, Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available, including in connection with any commercial endeavors beyond transacting business with us. Further, as a user of the Site, you agree not to:

Systematically retrieve data or other Content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory.
Access, copy, distribute, share, publish, use or store any Site Content, for purposes that are inconsistent with our Privacy Policy , or otherwise violate the privacy rights or any other rights of other Users or any other third party, including by disclosing, selling, renting, distributing or exposing any Site Content to a third party, using it for marketing purposes, or otherwise using it for any purposes unrelated to the Site.
Access, copy, distribute, share, publish, use or store, or prepare derivative works from any part of the Site that belongs to Us, another User or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of the person or entity party holding the rights to license such use.
Use, display, mirror or frame the Site, or any feature, functionality, tool or content of the Site, our name, any trademark, logo or other proprietary information, without our express written consent
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or use or launch any unauthorized script or other software.
Interfere with, disrupt, or create an undue burden on the Site or the networks connected to the Site.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
Delete the copyright or other proprietary rights notice from any Content.
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or any other material whatsoever, including excessive use of capital letters and spamming (continuous posting of repetitive text) that is intended to or could interfere with any aspect of the Site’s security, operation, or user experience. interfere with, disrupt, damage or compromise the Site or our systems or the access of any User, host or network in any way, including through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology or by overloading, flooding, spamming, mail-bombing the Site or otherwise imposing an unreasonable or disproportionately large load on the Site.
Probe, scan, or test the vulnerability of any system or network of us or our providers, or breach or circumvent any security or authentication measures of such system or network.
As we may determine, in our sole opinion, disparage, tarnish, or otherwise harm us, our products, and/or the Site.
Use the Site in a manner inconsistent with any applicable laws or regulations, or with these Terms. You agree that you will not access this Site from any place where the Site or its Content may be illegal, and that you are solely responsible for complying with all appliable local laws.
Access the Site through any means other than the interface we provide for that purpose.
You agree that you will not create content that is defamatory, obscene, pornographic, vulgar, lewd, offensive or unlawful; that promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; is inflammatory, abusive, violent or threatening or promotes violence or actions that are threatening to any other person; promotes illegal or harmful activities or substances.

Site Access

By visiting the Site, you represent and warrant that: (1) you have the legal capacity to, and you agree to, comply with these Terms; (2) you are 21+ years of age or are a registered qualifying medical marijuana patient; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (5) you will not use the Site for any illegal or unauthorized purpose; and (6) your use of the Site will not violate any applicable law or regulation.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING AND USING THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU AND HEREBY RELEASE US AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGES CAUSED BY ANY OF THE FOREGOING.

IN NO EVENT WILL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX-MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. WE WILL NOT BE LIABLE WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Disclaimers

The Site is provided on an as-is basis, without any guarantees or warranties, and you agree that your use of the Site will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site and your use thereof. We do not guarantee that the Site will be uninterrupted, secure, error-free, or free from harmful code or that the Site’s Content will be accurate, reliable, complete, legal, or safe.

We try to display the colors, features, specifications, details, and other characteristics of the products available on the Site as accurately as possible. However, those characterizations are for illustrative purposes only and, as such, the actual products may vary slightly from those characterizations. Further, your device may not accurately reflect the characteristics that we display. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

Warranties by Users

You represent and warrant to us that: you have the power and authority to accept and agree to the Terms; you own or control all of the rights necessary to grant the rights and licenses granted herein; you will not violate any federal, state or local laws, rules or regulations or infringe the rights of any third party, including, any intellectual property, privacy or publicity-related rights, in connection with your access to or use of the Site and; the exercise by us of the rights granted by you hereunder will not cause us to violate any applicable laws, rules or regulations, to infringe the rights of any third party.

Privacy Policy

We care about data privacy and security. Please review Our Site’s Privacy Policy , stating how your data is collected, stored, and protected. Use of this Site is governed by Our Privacy Policy .

Termination of Use

These Terms shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account, including under your name, any alteration or variation of your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive relief.

Arbitration Agreement, Class Action Waiver, Jury Trial Waiver, And Forum Selection Clause

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED.

Any dispute or claim between you, on the one hand, and Us, Our parents, subsidiaries, affiliates, agents, employees, and assigns, on the other hand (“Claims”), will be resolved exclusively by binding arbitration, rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. Claim has the broadest possible meaning and includes disputes based on contract, tort, consumer rights, fraud or other intentional torts, statutes, regulations, common law, or equity. Notwithstanding the foregoing, “Claim” does not include an action to enjoin infringement or other misuse of intellectual property rights, which you or we may file in court.

If a Claim arises, you must first try to resolve it informally. If it remains unresolved after 60 days, both parties agree to resolve it through binding arbitration conducted by a single arbitrator according to the American Arbitration Association’s rules for commercial arbitration. The FAA applies, and the arbitrator’s award may be entered in any court with jurisdiction. We can still seek injunctive or equitable relief in court in Michigan for infringement or violation of its rights. You can still assert claims in small claims court in Michigan on an individual basis. You waive the right to a jury trial and agree to bring Claims only in your individual capacity, not as part of a class or representative proceeding. Unless you and we agree, Claims of two or more people cannot be joined or consolidated in the same arbitration. The arbitrator can award the same damages and relief as a court, following these Terms.

Class action/jury trial waiver. All claims must be pursued individually, and not as part of a class action or representative proceeding. Both parties agree to resolve any claims through confidential arbitration, conducted by a single arbitrator in accordance with the American Arbitration Association (AAA) rules. You and we waive the right to a jury trial and to participate in class actions or representative proceedings.
Pre-arbitration dispute resolution. Parties agree to attempt an informal resolution of disputes, and if unsuccessful, a written notice of dispute must be sent before initiating arbitration.
Confidentiality. All arbitration proceedings and awards shall remain strictly confidential.
Governing law and Award. The arbitrator shall follow the substantive law of the State of Michigan without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Third-Party Links

The Site may contain links to other websites. These links do not indicate, and shall not be deemed to indicate, any affiliation between us and the owners, operators, or content of any such third-party website, or Our endorsement of them in any way. We have no relationship, responsibility, or liability in, for, or related to third party websites, their content or their policies, and your access of such sites is purely at your own risk.

Indemnification

You agree to defend, indemnify, and hold us harmless, including Our subsidiaries, affiliates, and all of Our respective officers, directors, employees, agents, and other representatives from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party, including but not limited to those due to or arising out of: (1) use of the Site; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; and (5) any harmful act toward us or any other user of the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Us, and you agree to cooperate, at your expense, with Our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. If we have agreed to permit you to assume the defense of any claim, you shall not settle or otherwise resolve that claim in any way that causes us or any of the indemnitees hereunder to incur any liability or other prejudice, unless we have expressly authorized you to do so in writing.

User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we may perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, completing online forms, and making Reviews, are among the things that constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and/or via the Site, satisfy any legal requirement that such communication be in writing. You further agree that we are not required to provide you any notice of any electronic communication, including those made through or linked to the Site. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO 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 which 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.

Contact Information

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: privacy@swisherblunts.com.