Terms of Service

Welcome to JointCommerce. These Terms of Service (“Terms”) govern your access to and use of the JointCommerce platform, website, services, and features (collectively, the “Platform”). By accessing or using JointCommerce, you agree to be bound by these Terms, our Privacy Policy, and all applicable laws and regulations.

1. Acceptance of Terms

By accessing or using the JointCommerce platform, website, or any of our services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree to all of these terms, you may not access or use our services.

JointCommerce reserves the right to modify these terms at any time. We will notify registered users of material changes via email or a prominent notice on the platform at least 30 days before changes take effect. Continued use of the platform after such changes constitutes acceptance of the updated terms.

If you do not agree to any modification, you must stop using the platform and close your account before the effective date of the changes.

2. Age Requirements & Eligibility

You must be at least 21 years of age (or 18 years of age with a valid medical cannabis card where applicable under state law) to use the JointCommerce platform. By creating an account or using our services, you represent and warrant that you meet these age requirements.

JointCommerce uses age verification measures in compliance with state cannabis regulations. You agree not to:

• Misrepresent your age or eligibility to access the platform.
• Use the platform if you are not of legal age in your jurisdiction.
• Provide false information during age verification.
• Share your account with anyone under the legal age.

JointCommerce is only available to residents of states where cannabis is legal for recreational or medical use. By using the platform, you represent that you are accessing it from a jurisdiction where cannabis use is legal.

3. Account Registration

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your account information.
• Not create accounts under false identities or for fraudulent purposes.
• Not share your account credentials with others.
• Notify JointCommerce immediately of any unauthorized access to or use of your account.

Account Types & Limitations

• Consumer Account: One per individual. Access to the marketplace, strain database, deals, reviews, and order placement.
• Business Account: One per business entity. Includes dashboard access, analytics, advertising tools, and POS integrations. Business owners may also maintain one consumer account.

We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion, including for violations of these Terms of Service.

4. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Illegal Activities: Using the platform for any unlawful purpose or in violation of local, state, or federal laws.
• Age Fraud: Misrepresenting your age or assisting minors in accessing the platform.
• Fraudulent Transactions: Using stolen payment methods, creating fake accounts, or engaging in payment fraud.
• Platform Abuse: Attempting to reverse engineer, hack, or disrupt the platform's security or functionality.
• Content Violations: Posting false reviews, spam, hate speech, or content that violates intellectual property rights.
• Data Scraping: Using automated tools to scrape, harvest, or copy content from the platform without permission.
• Impersonation: Impersonating any person or entity, or falsely representing your affiliation with any person or entity.
• Cannabis Resale: Purchasing cannabis products for resale or distribution (orders are for personal use only).
• Interstate Commerce: Attempting to transport cannabis products across state lines.

Violation of these prohibitions may result in immediate account termination, legal action, and reporting to law enforcement authorities where appropriate.

5. Cannabis Marketplace Terms

JointCommerce is a non-plant-touching technology platform. We do not grow, manufacture, distribute, sell, or deliver any cannabis products. JointCommerce provides technology services including directory listings, advertising, analytics, and order routing.

All cannabis products listed on the platform are offered and fulfilled solely by licensed dispensaries and brands. JointCommerce makes no representations or warranties regarding the quality, safety, efficacy, or legality of products listed by third-party businesses.

Order Terms

• Orders placed through the platform are contracts between you and the dispensary fulfilling your order, not between you and JointCommerce.
• JointCommerce facilitates the transaction but is not a party to the sale.
• Dispensaries are solely responsible for product quality, fulfillment, and customer service.
• Prices, availability, and product descriptions are provided by dispensaries and may change without notice.
• We charge a 3% transaction fee on order subtotals to dispensaries (not to consumers).

Consumer Payments

Consumer orders are placed through dispensaries directly. You pay the dispensary's listed prices; JointCommerce does not mark up product prices or process consumer payments. Refunds and cancellations are subject to each dispensary's individual return policy.

6. Advertising Terms

Businesses using JointCommerce advertising services (display ads, programmatic campaigns) agree to:

• Comply with all applicable federal, state, and local laws governing cannabis advertising in their jurisdiction.
• Ensure their creative content meets state-specific cannabis advertising regulations (e.g., no cartoon characters, no unsubstantiated health claims).
• Not target audiences under the legal age for cannabis consumption.
• Not make false or misleading claims about products or services.
• Pay advertising fees on a CPM basis (default $7 CPM) or per the terms of their advertising agreement.

JointCommerce reserves the right to reject or remove any advertisement that violates our advertising policies, applicable law, or community standards. We may suspend or terminate advertising accounts for policy violations.

Billing & Refunds

• Display Ad Billing: Charged on a CPM basis. Budgets are consumed as impressions are served.
• Transaction Fee Billing: Dispensaries are invoiced daily for a 3% transaction fee on order subtotals for completed sales facilitated through the platform, payable via ACH (Aeropay).
• Refund Policy: Advertising fees are non-refundable except in cases of verifiable platform errors or billing mistakes. Disputed charges must be reported within 30 days of the charge.

7. Intellectual Property

JointCommerce Intellectual Property

• The JointCommerce platform, logo, design, content, and software are owned by JointCommerce or our licensors and protected by U.S. and international copyright, trademark, and other intellectual property laws.
• You may not copy, modify, distribute, or create derivative works without our written permission.
• All trademarks, service marks, and trade names are the property of JointCommerce or their respective owners.

User-Generated Content

• You retain ownership of content you submit (reviews, photos, comments).
• By submitting content, you grant JointCommerce a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your content in connection with the platform.
• You represent that you have all necessary rights to the content you submit and that it does not violate any third-party rights.
• We may remove content that violates these terms or our content policies.

Copyright Complaints

If you believe content on JointCommerce infringes your copyright, contact us at legal@jointcommerce.com with a DMCA takedown notice including: (1) identification of the copyrighted work, (2) identification of the infringing material, (3) your contact information, (4) a statement of good faith belief, and (5) a statement under penalty of perjury that the information is accurate.

8. Disclaimer of Warranties

THE JOINTCOMMERCE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the maximum extent permitted by applicable law, JointCommerce disclaims all warranties, including but not limited to:

• Merchantability: We do not warrant that products listed by dispensaries are fit for any particular purpose.
• Accuracy: We do not guarantee the accuracy, completeness, or reliability of any content on the platform, including strain information, product descriptions, or pricing.
• Availability: We do not warrant that the platform will be uninterrupted, timely, secure, or error-free.
• Third-Party Content: We are not responsible for the accuracy or legality of content provided by dispensaries, brands, or users.

Any material downloaded or obtained through the platform is at your own risk. JointCommerce is not responsible for any damage to your device or loss of data.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JOINTCOMMERCE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities.
• Loss of data or goodwill.
• Product defects, contamination, or adverse reactions.
• Failure of dispensaries to fulfill orders.
• Unauthorized access to your account.
• Platform errors, downtime, or security breaches.

IN NO EVENT SHALL JOINTCOMMERCE'S TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU PAID TO JOINTCOMMERCE IN THE 12 MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

10. Cannabis-Specific Disclaimers

Federal Law Disclaimer

Cannabis remains a Schedule I controlled substance under federal law. JointCommerce operates only in states where cannabis is legal under state law, but we cannot guarantee protection from federal enforcement.

Health & Safety Disclaimer

• Cannabis products may have intoxicating effects and may be habit-forming.
• Do not operate vehicles or machinery while under the influence of cannabis.
• Keep cannabis products out of reach of children and pets.
• Consult a physician before using cannabis if you are pregnant, nursing, or have a medical condition.
• JointCommerce is not liable for any adverse health effects from cannabis use.

Medical Information Disclaimer

JointCommerce does not provide medical advice. Information on the platform about cannabis effects, strains, and medical uses is for educational purposes only and should not replace professional medical advice, diagnosis, or treatment.

State-Specific Compliance

You are responsible for ensuring your use of the platform and purchase of cannabis products complies with your local laws and regulations.

11. Indemnification

You agree to indemnify, defend, and hold harmless JointCommerce, its officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use or misuse of the Platform.
• Your violation of these Terms of Service.
• Your violation of any applicable law or regulation.
• Your violation of any rights of a third party, including intellectual property or privacy rights.
• Any content you submit, post, or transmit through the Platform.
• Any cannabis products you purchase or consume through dispensaries listed on the Platform.

This indemnification obligation will survive the termination or expiration of these Terms and your use of the Platform.

12. Privacy & Data Protection

Your use of JointCommerce is also governed by our Privacy Policy. By using the platform, you consent to the collection and use of information as described in our Privacy Policy.

Key Privacy Points

• We collect account information, order history, and usage data.
• Medical information is encrypted at rest and in transit.
• We do not sell your personal information to third parties.
• California residents have additional rights under the CCPA (see Privacy Policy and CCPA Notice).

13. Governing Law & Dispute Resolution

These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

Dispute Resolution Process

• Informal Resolution: Before filing a claim, you agree to contact us at legal@jointcommerce.com to attempt to resolve the dispute informally within 30 days.
• Arbitration Agreement: Any disputes that cannot be resolved informally shall be resolved through binding arbitration in Los Angeles County, California, under the rules of the American Arbitration Association.
• Class Action Waiver: You agree to bring claims only in your individual capacity and not as a plaintiff or class member in any class or representative action.
• Exceptions: Either party may seek injunctive relief in court for intellectual property violations or breaches of confidentiality.

Jurisdiction: If arbitration does not apply, any disputes shall be resolved in the state or federal courts located in Los Angeles County, California, and you consent to personal jurisdiction in those courts.

14. Severability

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable from these Terms and shall not affect the validity or enforceability of the remaining provisions. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving its original intent.

15. Entire Agreement

These Terms of Service, together with our Privacy Policy, CCPA Notice, and any other legal notices or agreements published by JointCommerce on the Platform, constitute the entire agreement between you and JointCommerce regarding your use of the Platform.

These Terms supersede any prior agreements, understandings, or arrangements between you and JointCommerce, whether written or oral. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.

16. Changes to Terms

JointCommerce reserves the right to modify these Terms of Service at any time. When we make changes:

• We will update the “Last updated” date at the top of this page.
• We will notify registered users via email at least 30 days before material changes take effect.
• We will display a prominent notice on the platform.

Your continued use of the platform after the effective date of changes constitutes acceptance of the updated Terms of Service. If you do not agree to the changes, you must stop using the platform and close your account before the effective date.

Version History: Previous versions of our Terms of Service are available upon request at legal@jointcommerce.com.

17. Contact Information

If you have questions about these Terms of Service or need to contact us regarding legal matters:

• Email: legal@jointcommerce.com
• Phone: 1-800-JOINT-99 (toll-free)
• Mail: JointCommerce Legal Department, 123 Main St, Los Angeles, CA 90001
• Online: Contact Form

We will respond to all inquiries within 5 business days.