The following Terms and Conditions apply to your purchase of goods or services from HighTimes.com, HighTimesInvestor.com, CannabisCup.com, and any other website owned and operated by Trans-High Corporation (“THC”, “us”, “we”, and “our”) and our affiliates. Please review carefully, as your purchase of products and services will be controlled by these Terms and Conditions.
PLEASE NOTE THAT BY AGREEING TO THE TERMS, YOU AGREE THAT YOU ARE REQUIRED TO RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST THC ON AN INDIVIDUAL BASIS IN ARBITRATION, AS SET FORTH IN THE ARBITRATION AGREEMENT IN SECTION 5 BELOW. THIS WILL PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST THC, AND ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION BROUGHT AGAINST THC BY SOMEONE ELSE.
If you do not wish to accept these Terms and Conditions, do not order products or services from this website.
If you wish to purchase any product made available through the website (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION.
You grant to THC the right to provide information you provided in connection with the Transaction to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
2. Text Messaging and Telephone Calls.
You agree that THC may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with this transaction, as well as for marketing purposes. You represent that you are the primary owner/user of any phone number that you have provided in connection with this transaction. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from THC at any time, either by texting the word “STOP” in response to a text using the mobile device that is receiving the messages, or by contacting email@example.com.
3. Site Transactions
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
5. Dispute Resolution and Arbitration Agreement
Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and THC agree to the following dispute resolution procedure for any dispute related to this transaction or to communications between You and THC to telephone numbers provided in conjunction with this transaction.
You and THC agree that we will give up our rights to go to court to assert or defend claims related to or arising from this transaction or any communications between You and THC but instead will resolve our Dispute through binding individual arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
YOU AND THC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN INDIVIDUAL ARBITRATION ONLY AND IN SO DOING YOU AND THC HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY, TO ASSERT OR PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION (EITHER AS A NAMED-PLAINTIFF OR CLASS MEMBER), AND TO ASSERT OR PARTICIPATE IN ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
Unless you and THC otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and THC submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. THC will pay AAA filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000, but if the Arbitrator finds that the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or brought for an improper purpose, then THC can seek recovery of those fees by application to the Arbitrator.
This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act, 9 USC § 1.