Terms of Service

Terms of Service

Thank you for visiting WWW.MIGHTYTREECO.COM (“the Website”), which is owned and provided by
MIGHTY TREE and is referred to herein as the “Company”
The following terms and conditions govern your access to and use of the Website. If you do not agree to
these terms, or if you do not agree with our Privacy Policy, please do not use the Website or any services
offered by the Website. By using the Website or by clicking to accept or agree to the Terms of Use when
this option is made available to you, you accept and agree to be bound and abide by these Terms of Use
and our Privacy Policy, found at Privacy Policy. If you do not want to agree to these Terms of Use or the
Privacy Policy, you must not access or use the Website.
PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO
MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE
RELATED TO YOUR USE OF ANY OF THE COMPANY’S SERVICES, INCLUDING ITS WEBSITE, TO
BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THE
DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS
THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A
CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.
This Website is offered and available to users who are 21 years of age or older and reside in the United
States or any of its territories or possessions. By using this Website, you represent and warrant that you
are of legal age to form a binding contract with The Company and meet all of the foregoing eligibility
requirements. If you do not meet all of these requirements, you must not access or use the Website.

1. Terms of Use

The Company may revise and update these Terms of Use from time to time in our sole discretion. All
changes are effective immediately when posted, and apply to all access to and use of the Website
thereafter. Your continued use of the Website following the posting of revised Terms of Use means that
you accept and agree to the changes. You are expected to check this page each time you access this
Website so you are aware of any changes, as they are binding on you.

2. Accessing the Website and Account Security

The Company reserves the right to withdraw or amend this Website, and any service or material The
Company provides on the Website, in its sole discretion without notice. The Company will not be liable if
for any reason all or any part of the Website is unavailable at any time or for any period. From time to
time, The Company may restrict access to some parts of the Website, or the entire Website, to users,
including registered users. To access the Website or some of the resources it offers, you may be asked to
provide certain registration details or other information in order to create an account. If you choose, or are
provided with, a user name, password or any other piece of information as part of our security
procedures, you must treat such information as confidential, and you must not disclose it to any other
person or entity. You also acknowledge that your account is personal to you and agree not to provide any
other person with access to this Website or portions of it using your user name, password or other
security information. It is a condition of your use of the Website that all the information you provide on the
Website is correct, current and complete. You agree that all information you provide to register with this
Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions The Company takes with
respect to your information consistent with our Privacy Policy

3. Intellectual Property Rights

The Website and its entire contents, features and functionality including but not limited to all text, content
and documents of the Website, any names, logos, trademarks, service marks, brand identities,
characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property
appearing in the Website, and the organization, compilation, look and feel, illustrations, artwork, videos,
music, software and other works on the website, including the design, selection and arrangement thereof
(“the Content”) are owned by THE COMPANY, its licensors or other providers of such material and are
protected by United States and international copyright, trademark, trade secret and other intellectual
property or proprietary rights laws.

4. Limitations on Use

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must
not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish,
download, store or transmit any of the material on our Website. The Company grants you a non-
exclusive, limited, personal, non-transferable, revocable license to access and use the Content without
right to sublicense, under the following conditions: you shall not, without The Company’s express written
consent: (a) copy, retransmit, modify, disseminate, display, perform, re-use, re-post, broadcast, circulate,
or otherwise distribute the Content, or modify or re-use all or part of the Content, (b) use any trade name,
trademark, or brand name of The Company in metatags, keywords and/or hidden text, (c) create
derivative works from the Content or commercially exploit the Content, in whole or in part, in any way, and
(d) use the Website, the Content, and/or any portion thereof, in any manner that may give a false or
misleading impression, attribution or statement as to The Company, its licensees, or any third party
referenced therein. The Company reserves all other rights. You shall not alter, remove or obscure any
copyright notice, digital watermarks, proprietary legends or any other notice included in the Content.
Except as expressly provided herein, nothing on the Website shall be construed as conferring any license
under The Company’s property rights, whether by estoppel, implication, or otherwise. Notwithstanding
anything herein to the contrary, The Company may revoke any of the foregoing rights and/or your access
to the Website, or any part thereof, including the blocking of your IP Address, at any time without prior
notice. Without limiting the foregoing, The Company has the right to fully cooperate with any law
enforcement authorities or court order requesting or directing The Company to disclose the identity or
other information of anyone posting any materials on or through the Website.
YOU WAIVE AND HOLD HARMLESS The Company AND ITS AFFILIATES, LICENSEES AND SERVICE
PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY The Company/ANY
OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM
ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER The Company
/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES

5. Social Media Sites and Third Party Links

From time to time, the Website may include features and functionality that allow you to interact with other
sites that are not under THE COMPANY’s control (“Linked Site”), including various social media websites
(“Social Media Sites”). THE COMPANY provides these features, functionality and links to you only as
convenience and is not responsible for the contents or transmission of any Linked Site or Social Media
Site or for the terms of use or privacy practices of any Linked Site or Social Media Site. You should
carefully read the policies of any site you visit. Also, in the event that you use any Social Media Site to comment upon THE COMPANY or any of its products, you agree that you will always clearly and
conspicuously disclose any material connection you have with THE COMPANY (if any) or any
consideration you may receive from THE COMPANY in connection with your comment (if any). Under no
circumstances are you authorized to make any claim regarding THE COMPANY or any of its products on
any Social Media Site regardless of any material connection you may have with THE COMPANY or your
receipt of any consideration. If you make any claim regarding THE COMPANY or any of THE
COMPANY’s products on a Social Media Site in violation of the foregoing, you, and not THE COMPANY
shall be the sole author of such claim and shall be solely liable therefore.

6. Content Standards

These content standards apply to any and all User Contributions. User Contributions must in their entirety
comply with all applicable federal, state, local and international laws and regulations. Without limiting the
foregoing, User Contributions must not:
• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent,
hateful, inflammatory or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex,
religion, nationality, disability, sexual orientation or age.
• Promote any illegal or irresponsible use of narcotics.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any
other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that
could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may
be in conflict with these Terms of Use and THE COMPANY’s Privacy Policy
• Be likely to deceive any person. • Promote any illegal activity, or advocate, promote or assist any
unlawful act.
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy
any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions,
barter or advertising.
• Give the impression that they emanate from or are endorsed by THE COMPANY or any other person or
entity, if this is not the case.

7. Reliance on Information Posted

The information presented on or through the Website is made available solely for general information
purposes. THE COMPANY does not warrant the accuracy, completeness or usefulness of this
information. Any reliance you place on such information is strictly at your own risk. THE COMPANY
disclaims all liability and responsibility arising from any reliance placed on such materials by you or any
other visitor to the Website, or by anyone who may be informed of any of its contents.

8. Changes to the Website

THE COMPANY may update the content on this Website from time to time, but its content is not
necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given
time, and THE COMPANY is under no obligation to update such material.

Information About You and Your Visits to the Website

All information THE COMPANY collects on this Website is subject to its Privacy Policy. By using the
Website, you consent to all actions taken by The Company with respect to your information in compliance
with the Privacy Policy.

9. Online Purchases and Other Terms and Conditions

All purchases through THE COMPANY’s site or other transactions for the sale of goods formed through
the Website or as a result of visits made by you are governed by its Terms of Sale, which are hereby
incorporated into these Terms of Use.

10. Geographic Restrictions

The owner of the Website is based in the state of Colorado in the United States. THE COMPANY
provides this Website for use only by persons located in the United States. THE COMPANY makes no
claims that the Website or any of its content is accessible or appropriate outside of the United States.
Access to the Website may not be legal by certain persons or in certain states or countries. If you access
the Website, you do so on your own initiative and are responsible for compliance with federal, state, and
local laws.

11. Disclaimers

You understand that THE COMPANY cannot and does not guarantee or warrant that files available for
downloading from the Internet or the Website will be free of viruses or other destructive code. You are
responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements
for anti-virus protection and accuracy of data input and output, and for maintaining a means external to
our site for any reconstruction of any lost data. THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS
OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER
TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT,
COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF
THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR
DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED
THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY
SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND
“AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY
MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS,
SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT
LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE
COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES
OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR FREE
OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER
THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR
THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL
OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-
INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT
AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE
LAW.

The content of this website, including text, graphics, images, information obtained from contributors, and
all other content, is offered on an informational basis only. No content is intended to be a substitute for
professional medical advice, diagnosis, or treatment. You should always seek the advice and guidance of
a qualified health provider before:

1. Making any adjustment to any medication or treatment protocol you are currently using.
2. Stopping any medication or treatment protocol you are currently using.
3. Starting any new medication or treatment protocol, whether or not it was discussed on this website.
   Marijuana and Marijuana Product Disclaimer:
   Marijuana is a Schedule 1 Controlled Substance under the Controlled Substance Act (21 U.S.C. 802)
   (“CSA”) and the cultivation, distribution, and possession of marijuana is a crime under federal law. Keep
   all marijuana and marijuana products out of reach of children and animals. Intoxicating effects of
   marijuana and marijuana products may be delayed up to two (2) hours. Use of marijuana while pregnant
   or breastfeeding may be harmful. Consumption of marijuana and marijuana products impairs your ability
   to drive and operate machinery, please use extreme caution.
   Assumption Of Liability
   You assume the risk of any-and-all damage or loss incurred as a result of your consumption of marijuana
   or marijuana products obtained from any The Company dispensary or store. Although the Site and
   employees of The Company at dispensaries and stores may provide information regarding the marijuana
   and marijuana products available from each The Company location, including but not limited to potency,
   pharmacologically active ingredients, source of cultivation, recommended uses and benefits, and all other
   descriptions or information (collectively “Marijuana Information”), such Marijuana Information should in no
   way be construed as medical advice. All Marijuana Information is provided for informational and
   educational purposes only and is not intended to be a substitute for medical advice under any
   circumstance. Always consult your primary care physician or other qualified healthcare provider prior to
   using marijuana or a marijuana product for treatment of a medical condition. Never disregard professional
   medical advice or fail to seek it following receipt of Marijuana Information from the Site or a The Company
   location where your use of marijuana is to treat a medical condition. The Company and each The
   Company location cannot guarantee the accuracy of any Marijuana Information provided on the Site; do
   not rely on such Marijuana Information.
   Acknowledgement
   By accessing the Site and the services offered, you acknowledge that you have read and understand
   these legal disclaimers together with The Company’s terms of service and privacy policy.
   Limitation on Liability
   IN NO EVENT WILL THE COMPANY, ITS LICENSEES, SERVICE PROVIDERS, EMPLOYEES,
   AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY
   LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE,
   THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER
   WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER
   WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
   PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND

SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF
BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND
WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR
OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless THE COMPANY, its affiliates, licensors and service
providers, and its and their respective officers, directors, employees, contractors, agents, licensors,
suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards,
losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your
violation of these Terms of Use or your use of the Website, including, but not limited to, your User
Contributions, any use of the Website’s content, services and products other than as expressly authorized
in these Terms of Use or your use of any information obtained from the Website.
BY AGREEING TO THESE TERMS OF USE, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU
MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED IN THIS
SECTION).
Cannabis can impair concentration, coordination, and judgment. Do not operate a vehicle or machinery
under the influence of this drug. This product has intoxicating effects and may be habit forming. There
may be health risks associated with consumption of this product. For use only by adults twenty-one and
older. Keep out of the reach of children. MUST BE 21 OR OLDER TO USE THIS WEBSITE.

MIGHTY TREE welcomes your Questions or Comments regarding the terms:

2268 S Delaware Street
Denver, CO 80223
(720) 642-9600
4755 Lipan Street
Denver, CO 80211
(303) 600-8961
info@mightytreeco.com

Effective as of 06/01/2022