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Terms of Service

Please read these terms of service (“Terms”) carefully as they constitute a legally binding agreement regarding your legal rights, remedies and obligations. These include various disclaimers, limitations of liability, and a dispute resolution clause that governs how disputes will be resolved.

The website at www.marthastewartcbd.com (this “Website”) is owned and operated by Canopy Growth USA, LLC (“Canopy”, “we”, “us”, and “our”). Information contained on this Website is for information purposes only. Access and use of this Website and its related services (the “Services”) are provided to you on condition that you accept these Terms and the Privacy Policy, which is incorporated by reference. By accessing or using this Website or the Services, you agree to these Terms and the Privacy Policy. If you do not agree to these Terms and the Privacy Policy, you may not access or use: (i) this Website; (ii) the Canopy Materials (as defined below); or (iii) any of the Services.

note: these terms CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND CANOPY CAN BE BROUGHT (SEE SECTION 17 BELOW). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO: (1) WAIVE YOUR RIGHT TO A JURY TRIAL, AND (2) SUBMIT CLAIMS YOU HAVE AGAINST CANOPY TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING.

 These Terms, this Website, including the Canopy Materials, and the Services may be amended or otherwise changed from time to time without notice. For the avoidance of doubt, Canopy reserves the right to: (i) revise, modify, supplement or delete any information, materials, services and/or resources contained on this Website; and (ii) make such changes without prior notification to past, current or prospective visitors. It is your responsibility to check for such changes periodically. If you do not agree with any change, you must stop using or accessing this Website. Your continued access or use of this Website or the Services after any such change is posted on this Website will constitute your acceptance of the change.

  1. JURISDICTION
  2. USE OF THIS WEBSITE
  3. INTELLECTUAL PROPERTY
  4. ERRORS AND OMISSIONS
  5. PRIVACY
  6. COMMUNICATIONS THROUGH THIS WEBSITE
  7. YOUR COMMENTS
  8. DISCLAIMER
  9. LIMITATION OF LIABILITY
  10. INDEMNIFICATION
  11. TERM, TERMINATION AND SUSPENSION
  12. ENTIRE AGREEMENT
  13. WAIVER
  14. HEADINGS
  15. ASSIGNMENT
  16. SEVERABILITY
  17. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
  18. CONTACT INFORMATION
  19. PROMOTIONS AND LOYALTY PROGRAMS
  20. RECURRING ORDERS
  1. JURISDICTION

Canopy Growth USA, LLC is a company duly formed and registered in Delaware. Your access and use of this Website is a transaction that shall be deemed to be subject to Delaware law and the federal laws applicable therein. If you access this Website from outside of Delaware, you do so at your own risk and are responsible for compliance with local, national or international laws, including, without limitation, import and export laws. In particular, you understand that this Website, the Services or both may not be available in all jurisdictions and that you are responsible for ensuring that it is lawful for you to use this Website and receive the Services in your jurisdiction.

If you are residing in a jurisdiction where it is forbidden by law to participate in the activities offered by or related to this Website (including the Services), you may not: (i) enter into these Terms; or (ii) access or use this Website or the Services. By accessing or using this Website you are explicitly stating that you have verified in your own jurisdiction that your access and use of this Website and the Services is allowed. 

  1. USE OF THIS WEBSITE

You may only access and use this Website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any criminal law, intellectual property law, privacy law or any other applicable law or regulation. You represent and warrant that you are at least the age of majority in your jurisdiction of residence and are legally capable of entering into a binding contract.

You may not interfere with the security of, or otherwise abuse, this Website, or any system resources, services or networks connected to or accessible through this Website. You may only access or use this Website for lawful purposes. You agree that you will not attempt to, nor permit any third party to, enter restricted areas of Canopy’s computer systems or perform functions that you are not authorized to perform pursuant to these Terms. You are responsible for safeguarding the confidentiality of your username and password that you use to access your member account on our Website. You agree not to disclose your username or password to any third party.  You will immediately notify us of any unauthorized use of your account on this Website.  While accessing or using this Website, you agree to comply with all applicable laws, rules and regulations.

You further agree not to:

  • mirror or frame any part of this Website without Canopy’s express prior written consent; or
  • use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of this Website, without our express prior written consent.
  1. INTELLECTUAL PROPERTY

This Website (including Canopy Materials and the presentation thereof) is the property of Canopy and its licensors, and may be protected by intellectual property laws, including copyright law, trademark law, patent law and other U.S. federal law and the law other applicable jurisdictions.

Subject to these Terms, you are granted a limited license only to display and print the materials and information contained in this Website (collectively, the “Canopy Materials”) for your own personal, non-commercial use; provided that such materials and information are not modified and that copyright and other intellectual property notices are not altered or deleted. You may not create derivative works from or otherwise reproduce, modify, republish or disseminate the Canopy Materials, or any element thereof, in any manner or form whatsoever. Unless you have entered into a separate agreement with Canopy, any other use of the Canopy Materials without Canopy’s written permission is prohibited.

Any unauthorized use regarding publication, copying or modification of information in any of the Canopy Materials, including trademarks, tradenames and design marks, may violate applicable legislation and may result in legal action.

  1. ERRORS AND OMISSIONS

Although Canopy believes the Canopy Materials to be correct at the time they are posted, Canopy: (i) does not warrant the accuracy, completeness or currency of same at all times;  (ii) cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the Canopy Materials on this Website; (iii) cannot and does not approve or endorse any sites, products, or services owned by third parties, even if the Website links to them or is linked from them. Information contained in this Website does not constitute a solicitation or an offering of securities in any jurisdiction.

We have the right, but not the obligation, to correct any errors, inaccuracies or omissions and to change or update the Canopy Materials at any time, without prior notice to you (including after an order has been placed by you).

  1. PRIVACY

We are committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who access or use this Website or the Services. Please see our privacy policy for further details.

You acknowledge and agree that access to and use of this Website and the Services is primarily provided via the Internet and that your information, including personal information, may be transferred across national borders and stored or processed in any country in the world.

By providing your personal information to Canopy, you agree to receive communications from us, our affiliates, or our third-party partners, at any of the phone numbers provided to Canopy by you or on your behalf, and also via email, text message, calls, and push notifications, except where prohibited by law. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.

  1. COMMUNICATIONS THROUGH THIS WEBSITE

The Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Canopy is not liable for any damages related to communications to, or from, this Website or the Services.

  1. YOUR COMMENTS

Feel free to e-mail info@marthastewartcbd.com or otherwise provide us with your comments, suggestions or feedback (“Comments”). Should you do so, you agree that: (i) Canopy and its affiliates have no obligation to you or anyone else concerning such Comments; (ii) such Comments are non-confidential; (iii) Canopy and its affiliates may use, disclose, distribute or copy such Comments (including any ideas, concepts or know-how contained in such Comments) for any purpose and without restriction or obligation to you or to anyone else; and (iv) such Comments are truthful and do not violate the legal rights of others.

  1. DISCLAIMER

THIS WEBSITE, THE SERVICES, THE PRODUCTS AND THE CANOPY MATERIALS ARE PROVIDED ON AN “AS IS”, “WHERE IS”, AND “WITH ALL FAULTS” BASIS, WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS OR USEFULNESS OF THE CANOPY MATERIALS, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.  Canopy reserves the right to limit or eliminate access to this Website, the Services, the Products, and the Canopy Materials in specific geographic areas based on commercial viability, public concerns, or changes in law. 

WE DO NOT REPRESENT OR WARRANT THAT THIS WEBSITE, THE SERVICES, THE PRODUCTS AND THE CANOPY MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

  1. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CANOPY OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SECURITY HOLDERS, PARTNERS OR AGENTS (COLLECTIVELY, THE “CANOPY PARTIES”) BE LIABLE TO YOU FOR ANY:

(A) INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER (EVEN IF ANY OF THE CANOPY PARTIES IS MADE AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES), OR

(B) ANY DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR LOSS OF OPPORTUNITY IN CONNECTION WITH OR RELATED TO ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING FROM, RELATED TO, OR IN CONNECTION WITH

(I) THESE TERMS,

(II) THIS WEBSITE (INCLUDING ANY SITES LINKED FROM OR TO THIS WEBSITE),

(III) THE CANOPY MATERIALS,

(IV) THE SERVICES,

(V) THE PRODUCTS, AND

(VI) YOUR ACCESS, USE, OR RELIANCE OF ANY OF THE FOREGOING, WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN EVERY EVENT, THE CANOPY PARTIES’ TOTAL MAXIMUM AGGREGATE LIABILITY TO YOU IN CONNECTION WITH OR RELATED TO ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING FROM, RELATED TO, OR IN CONNECTION WITH

(I) THESE TERMS,

(II) THIS WEBSITE (INCLUDING ANY SITES LINKED FROM OR TO THIS WEBSITE),

(III) THE CANOPY MATERIALS,

(IV) THE SERVICES,

(V) THE PRODUCTS, AND

(VI) YOUR ACCESS, USE, OR RELIANCE OF ANY OF THE FOREGOING

SHALL BE LIMITED TO THE LESSER OF: (A) TWENTY ($20.00) DOLLARS (USD); AND (B) THE AMOUNTS PAID BY YOU FOR ANY PRODUCTS PURCHASED BY YOU THROUGH THIS WEBSITE IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE FINAL EVENT GIVING RISE TO SUCH LIABILITY.

ANY AMOUNTS YOU PAID FOR SERVICES OR PRODUCTS DO NOT BIND CANOPY TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HERE.CANOPY WOULD NOT HAVE ASSUMED ADDITIONAL LIABILITY OR RISK WITHOUT CHARGING SUBSTANTIAL FEES.

Please note that certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you; and in any such case, our liability will be limited to the maximum extent permitted by law.

  1. INDEMNIFICATION

IN CONSIDERATION FOR ACCESSING OR USING THIS WEBSITE, YOU AGREE TO DEFEND AND INDEMNIFY THE CANOPY PARTIES AGAINST ANY LOSSES, LIABILITIES, CLAIMS, DEMANDS, THREATS, ACTIONS, PROCEEDINGS, EXPENSES (INCLUDING REASONABLE ATTORNEY FEES AND COURT COSTS) IN ANY WAY ARISING FROM, RELATED TO, OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE, INCLUDING IN CONNECTION WITH ANY PRODUCTS OFFERED THROUGH THIS WEBSITE OR THE USE OF ANY INFORMATION CONTAINED IN OR OBTAINED THROUGH THIS WEBSITE, THE SERVICES, YOUR VIOLATION OF THE TERMS OR ANY APPLICABLE LAW OR REGULATION, OR THE POSTING OR TRANSMISSION OF ANY MATERIALS ON OR THROUGH THIS WEBSITE BY YOU, INCLUDING BUT NOT LIMITED TO, ANY THIRD-PARTY CLAIM THAT ANY INFORMATION OR MATERIALS PROVIDED BY YOU INFRINGE UPON ANY THIRD PARTY PROPRIETARY RIGHTS.

  1. TERM, TERMINATION AND SUSPENSION

As above, Canopy may, at its sole discretion, at any time and from time to time, without notice, suspend your ability to use this Website and the Services and/or terminate these Terms or any of the licenses granted hereunder. Upon termination of these Terms, you shall immediately cease and desist from all use of this Website and the Services.

Sections 7, 9, 10, 11, 13, 14, 16 – 18 will survive any termination or expiry of these Terms.

  1. ENTIRE AGREEMENT

These Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms, and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.

  1. WAIVER

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing. 

  1. HEADINGS

Any headings and titles herein are for convenience only.

  1. ASSIGNMENT

If any provision or part thereof of these Terms is wholly or partially unenforceable, the parties, or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

  1. SEVERABILITY

If any provision or part thereof of these Terms is wholly or partially unenforceable, the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

  1. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

Any claims or disputes arising from, related to, or in connection with (i) these Terms, (ii) this Website, (iii) the Canopy Materials, (iv) the Services, (v) the Products, and (vi) your access, use, or reliance of any of the foregoing (each a “Dispute”) will be resolved by arbitration.  You and Canopy mutually agree to waive our respective rights to resolution of disputes in a court of law by a judge or jury.  This agreement to arbitrate is governed by the Federal Arbitration Act (“FAA”); but if the FAA is inapplicable for any reason, then this Arbitration Agreement is governed by the laws of the State of Delaware, including Del. Code tit. 10, § 5701 et seq., without regard to choice of law principles. All disputes concerning the arbitrability of a Claim shall be decided by the arbitrator in the State of Delaware in accordance with the laws in Delaware.

YOU UNDERSTAND AND AGREE THAT YOU AND CANOPY MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND CANOPY BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims.

Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration  Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Agreement. Copies of these rules can be obtained at the AAA’s website (www.adr.org) (the “AAA Rules”). The parties may select a different arbitration administrator upon mutual written agreement.  Unless you and Canopy agree otherwise, any arbitration proceedings will take place virtually or in the county of your residence.  The parties acknowledge and agree that each party will bear fifty percent (50%) of the cost of the arbitration proceeding. The parties shall be responsible for paying their own attorneys’ fees and other costs, if any.

The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.

Nothing in this provision or these Terms prevents your participation in an investigation by a government agency of any report, claim or charge otherwise covered by this arbitration provision. 

  1. CONTACT INFORMATION

If you need to contact us regarding this Website, the Services, the Products or these Terms, please contact us by: (i) phone at 1-833-826-3223; or (ii) mail us at: 501 South Cherry Street, Suite 1100-34, Denver, Colorado 80246.

  1. PROMOTIONS AND LOYALTY PROGRAMS

Canopy, at its sole discretion, may make available promotions, discounts, and loyalty programs with different features to any Users or prospective Users. In addition to the terms and conditions of these Terms, any contests, sweepstakes, surveys, games or similar promotions may be governed by specific rules that are separate from these Terms. By participating in any such promotion, you will become subject to those rules, which may vary from these Terms.  Canopy may also change promotions, discounts, and loyalty programs in its sole discretion, without notification to customers.

Unless otherwise stated, discount codes are valid for all one-time orders on MarthaStewartCBD.com. To redeem, enter the discount code during checkout, click "apply," and your cart's price will be adjusted. Discounts do not apply to gift wrap or to subscription orders.

Codes are valid for one-time use only. Offers may not be combined with any other coupons, discounts, offers, or promotions. Offer valid while supplies last. No substitutions and no rain checks issued. Not valid toward previous purchases. Other restrictions may apply.

Canopy reserves the right to withhold or deduct credits or benefits obtained through a promotion or program in the event that Canopy determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion or program terms or this Agreement. Canopy reserves the right to terminate, discontinue, modify or cancel any promotions or programs at any time and in its sole discretion without notice to you.

  1. RECURRING ORDERS

When you place a recurring order ("subscription") on marthastewartbcd.com, then you confirm that your subscription will automatically renew and your credit card will automatically be charged the subscription price. You will continue to receive your subscription order at the time interval for order shipping and billing that you agreed to in the offer details at the time of original purchase. Recurring orders are subject to price changes on future replenishments. If a gift bag is added to subscription orders, the gift bag will be included with the first order only. 

You can  modify or cancel your subscription at any time, up to three days before your recurring order processes.

To modify or cancel your subscription, contact Customer Care via phone or email.

  • Voicemail can be left at: 1-833-826-3223
  • Agents are in office to respond to emails and voicemails, Monday – Friday 8 a.m. to 7 p.m. EST and closed on Saturday and Sunday
  • Email: info@marthastewartcbd.com

These Terms were last updated on April 10, 2023.

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