Last Updated: July 31, 2024
This Key Cannabis Website (the “Website”) is owned and operated by Elevation Cannabis, LLC (“Elevate MO” or “Elevate Cannabis” or “us” or “we” or “our”). These terms (the “Terms”) govern your access to and use of the website, including any content, functionality and services offered on, through or in combination with the website.
Please read these Terms (“Terms”) carefully before you start to use the Website. By using the Website, or by clicking to accept or agree to the Terms when that option is made available to you, you accept and agree to be bound and abide by these Terms. You may use the Website only for lawful purposes and in accordance with these Terms. If you do not want to agree to these Terms, you must not access or use the Website. By using the Website, you are communicating with us electronically.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES AND A WAIVER OF YOUR CLASS ACTION RIGHTS.
Neither Key nor its representatives are engaged in rendering legal services or other such advice. Content on the Website is not intended to offer legal or medical advice concerning the cannabis industry or the legality, health or safety of the use of cannabis products. Your use of the Website is subject to the additional disclaimers and notices that may appear throughout the Website.
Key and its representatives assume no responsibility for any consequence relating directly or indirectly to any action or inaction based on the information, services, or other material on our Website or any products you purchase using the Website. While we strive to keep the information on this Website accurate, complete and up-to-date, Key and its representatives cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness, or timeliness of the information or services on the Website.
Changes to the Terms
We may make changes to these Terms from time to time in our sole discretion. We may also make improvements or changes in the information, services, products, and other materials on this Website, or terminate this Website at any time. All changes are effective immediately when we post them. Your continued use of the Website following the posting of such changes means that you accept and agree to the changes. You should check back from time to time so that you are aware of any changes to the Terms, as they are binding on you.
Use License
If you are under the age of 18, you may not use this Website.
If you agree to these Terms, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the Website on wireless electronic devices owned or controlled by you, and to access and use the Website on such devices strictly in accordance with the terms and conditions of this Website license contained in these Terms.
The following terms apply when you use an app obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the app: (1) the license granted to you for our appis limited to a non-transferable license to use the app on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable app Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the app as specified in the terms and conditions of this app license contained in these Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the app; (3) in the event of any failure of the app to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the app, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the app; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the app, e.g., if you have a VoIP app, then you must not be in violation of their wireless data service agreement when using the app; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this app license contained in these Terms, and that each app Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this app license contained in these Terms against you as a third-party beneficiary.
Cannabis Industry Regulations
It is your responsibility to adhere to the relevant laws governing marijuana in your jurisdiction. All of our marijuana products are intended exclusively for personal use within the jurisdiction of sale. The products we offer are not intended for resale or interstate transport. Marijuana is classified as a Schedule I drug. U.S. Federal law as well as specific state laws prohibit the cultivation, processing, sale, possession, and advertising the sale of marijuana and marijuana-infused products. Additionally, the manufacture, sale, and possession of cannabis paraphernalia are illegal.
Your Account
If you use this app, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your mobile device, and you agree to accept responsibility for all activities that occur under your account or password. If your status as a user of this app is terminated, you will (i) stop using the app and any information obtained from the app, and (ii) destroy all copies of your account information, password and any information obtained from this app.
Product and Pricing Information
We strive to ensure that the information presented on the Website is comprehensive, precise, and up-to-date. While we make every effort to maintain the completeness and accuracy of information provided through the Website, we do not guarantee accuracy in all instances, as permitted by applicable law. We disclaim responsibility for any errors or omissions on the Website. In the event of an identified error, we will make efforts to rectify it promptly and notify affected customer.
Products displayed on the Website may vary in appearance from those found in the dispensary. Prices displayed in U.S. Dollars for products available for purchase may represent only the retail prices, excluding taxes, fees, or other applicable charges. Prior to finalizing an order, all relevant charges will be disclosed to you.
The current price and availability of a product may deviate from the initially displayed price when the item was added to your shopping cart. Price and availability information are subject to change without prior notice.
The Website or app may feature coupons, special offers, promotional codes, giveaways, or other offerings from Key. These are advertisements, and maybe contingent upon additional terms, conditions, or restrictions in accordance with applicable state law.
Orders
The Website may include a feature that allows you to place orders with us and pick up at one of our dispensaries. All orders are subject to our acceptance, which we will confirm through communication with you. Before pick up, we reserve the right, without prior notice, to cancel or limit the quantity of any product in an order or refuse service to any user. We may restrict or prohibit orders that we find, in our sole judgement, violate these Terms or applicable law, result from fraudulent or deceptive activity, or are placed by dealers, resellers, or distributers. If we modify or cancel an order, we will make efforts to notify you through the contact information provided at the time of order placement. Additionally, we may require verification of information before accepting any order.
No Unlawful or Prohibited Use
As a condition of your use of this Website, you warrant to Key that you will not use this Website for any purpose that is against the law or prohibited by these Terms. If you violate any of these Terms, your permission to use this Website automatically ends.
You may not without our prior written permission use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this Website or accessed through this Website. You may not republish Key content or other content from this Website on another Website or use in-line or other linking to display such content without our permission. You may not introduce viruses, spyware, or other malicious code to this Website. You represent and warrant that you use frequently updated, commercially standard virus protection software to ensure that the system you use to access our Website is virus free.
If you are under the age of 18, you may not use this Website.
You further agree not to:
NOTICE REGARDING MEDICAL ADVICE
THIS WEBSITE DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE SITE MATERIALS, SUCH AS TEXT, GRAPHICS, IMAGES, AND INFORMATION OBTAINED FROM THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THIS WEBSITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
No Warranties; Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND THE SERVICES OFFERED ON THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
WE DO NOT, AND OUR SUPPLIERS DO NOT REPRESENT OR WARRANT 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 OUR WEBSITE 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. WE AND OUR SUPPLIERS EACH DISCLAIM, TO THE EXTENT PERMITTED BY LAW, ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
We have made efforts to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your mobile device’s display of any color will be accurate. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors will be corrected.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ON BEHALF OF US AND OUR SUPPLIERS AND THE WEBSITE DISTRIBUTORS, ALL RESPONSIBILITY FOR ANY DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR CONTENT OR DATA AVAILABLE ON OR THROUGH THE WEBSITE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Key, ITS SUPPLIERS, AND THE WEBSITE DISTRIBUTORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE OR SERVICES; (ii) THE COST OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE WEBSITE OR THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE SERVICES. IN NO EVENT WILL OUR MAXIMUM LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US FOR THE PRODUCTS OR $100, WHICHEVER IS GREATER.
IF YOU ARE DISSATISFIED WITH THE WEBSITE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY AGAINST ONESOURCE, ITS PARTNERS, AFFILIATES, WEBSITE DISTRIBUTORS, SERVICE PROVIDERS, LICENSORS AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS AND ASSIGNS, IS TO DISCONTINUE USING THE WEBSITE.
Use of Submissions
Should you respond with information including feedback or data such as questions, comments, suggestions, or the like regarding the content of this Website, such information will be deemed to be non-confidential. We will have no obligation of any kind with respect to such information and will be free to reproduce, use, disclose, and distribute the information to others without limitation. We will be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating such information.
User Content/Product Reviews
We may offer the opportunity for you to contribute your ideas, comments, questions and other communications from the Website (the “User Content”) in the product review feature of the Website (“User Areas”) that may be offered from time to time and may be operated by Key or by a third party.
We provide the review feature for the convenience of Key, staff and certain other authorized individuals. These areas are merely provided as a forum for enabling participants to communicate about the subjects of interest. Key does not exert editorial control over information or materials posted by third parties in these areas. Key is not responsible for monitoring any materials posted by any third party or for verifying that such information or materials are accurate, timely, reliable, suitable, complete, non-infringing, or free from technical defects. These limitations of warranties and liability apply to all email discussion lists and interactive forums.
We are not liable for any harm caused by the transmission, via the use of a list, of a virus, or other code or programming device affecting your software, hardware, data, or property.
You are solely responsibility for the content of any content that you post and you agree to indemnify and hold Key, its affiliates, officers, and employees harmless from any claim, demand or expense (including attorneys’ fees) due to or arising out of your use of the review function or any information or materials you provide in such review.
You will not (nor cause any third party to) use the Website to perform any illegal activities (including without limitation defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights (such as rights of privacy) of others or immoral activities or any of the following types of activities, without limitation:
You agree to abide by all applicable local, state, and federal laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including without limitation any User Content you create or upload.
You acknowledge that User Content is not endorsed by Key and such user content should not be considered to have been reviewed, screened, or approved by Key. You should exercise discretion before relying on information contained in user content.
We may, in our sole discretion, terminate your password, account (or any part thereof) or use of the Website or app, and remove any User Content from a User Area, at any time and for any or no reason. Key will not be liable to you or any third party for any termination of your access to the Website or deletion of any User Content on the Website.
We may preserve and disclose User Content if required to do so by law or we believe in good faith that such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms, respond to a claim that User Content violates any third party’s rights, or protect the right, property or personal safety of Key, any users of the Website, and the public.
We will not be liable for the collection, use, or disclosure of any personal information by, in, or through a User Area offered by a third party. In such circumstances, you must refer to any Terms of service and privacy statement of the third party offering the User Area.
Subject to applicable law and privacy policy, any communications posted by you in a User Area (including without limitation User Content) are on a non-confidential basis, and we are under no obligation to refrain from reproducing, publishing, or otherwise using them in any way or for any purpose. We are free to use the content of any such communication, including without limitation any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purpose including without limitation developing, manufacturing, and/or marketing goods and services. You will be responsible for the content and information contained in any communication sent by you to this Website or otherwise to Key, including without limitation for its truthfulness and accuracy.
Dispute Resolution
You agree that: (1) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the website or the services provided on the website will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association (“AAA”) Procedures for Consumer-Related Disputes in conjunction with the AAA Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (2) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) The arbitration will be held at the AAA regional office nearest you; (4) The arbitrator’s decision will be controlled by the terms and conditions of this Agreement; (5) The arbitrator will apply Missouri law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law; (6) There will be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) The arbitrator will not have the power to award punitive damages against any party; (8) In the event that the administrative fees and deposits you are required to pay under the AAA rules exceed $125, and you are unable to pay the additional fees and deposits, Company retains the right to forward them to the AAA on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company retains the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision will remain in full force and effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph.
Miscellaneous
This Website is intended to and directed to residents of the United States and all advertising claims contained in this Website are valid only in the United States. These Terms and the resolution of any dispute related to these Terms or this Website will be governed by and construed in accordance with the laws of Missouri, without giving effect to any principles of conflicts of law. Failure by Key to insist upon strict enforcement of any provision of these Terms will not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Website or these Terms must be arbitrated within one (1) year after such claim or cause of action arose or be forever barred. If any of these Terms will be deemed invalid, void, or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining term. You may have greater rights, or some of the provisions may be prohibited, by virtue of state or federal consumer protection laws. In such a case, to such extent, the subject provisions shall not apply to you.
Contact Us
This Website is operated by the Elevation Cannabis, LLC All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: customercare@Keycannabis.com.
Elevation Cannabis and other logos, product and service names are trademarks and service marks owned by or licensed to Elevation Cannabis, LLC or its affiliates (the “Marks”). Without the prior written permission of Company, or its appropriate affiliates, you agree not to display or use in any manner, the Marks.
All other trademarks are the property of their respective owners.
© Copyright 2023 Elevation Cannabis, LLC. All rights reserved.
Effective Date: January 16, 2024
Last Updated on: July 31, 2024
The Key Cannabis Rewards Program is a promotional rewards program offered by Elevation Cannabis, LLC, a Missouri limited liability company (referred to herein, from time to time, as “Elevate Cannabis,” “us,” “we,” and “our”). The following Key Cannabis Rewards Program Terms and Conditions (these “Terms and Conditions”) apply to you if you have enrolled in the Key Cannabis Rewards Program. You consent to any revisions to these Terms and Conditions by remaining a member of the Key Cannabis Rewards Program. These Terms and Conditions are also subject to our Terms of Use and Privacy Policy.
THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES AND A WAIVER OF YOUR CLASS ACTION RIGHTS.
DEFINITIONS
The following terms have the following meanings:
“Key Rewards Account” means your individual account associated with the Key Cannabis Rewards Program in which records relating to available Points are maintained. From time to time, we may refer to your Key Rewards Account as your “Key Wallet” (e.g., when discussing the location in which your Points are stored”).
“Net Qualifying Transactions” means Qualifying Transactions, less any returns, credits, discounts (including from redemption of Points), taxes, fees, or adjustments.
“Points” means the rewards points that accumulate in your Key Rewards Account and can be used as described in these Terms and Conditions.
“Qualifying Transactions” means retail purchases made (i) at any of our Key Cannabis dispensaries; (ii) on our mobile app; or (iii) on our website.
“You” or “your” means each individual who has enrolled in the Key Cannabis Rewards Program.
KEY CANNABIS REWARDS PROGRAM TIERS
The Key Cannabis Rewards Program consists of four tiers: (1) Bronze; (2) Silver; (3) Gold; and (4) Platinum. Your Key Rewards Account begins at the Bronze tier. Higher tiers are achieved based on dollars spent during each calendar year. You may achieve the Silver tier by spending $2,500.00 during any calendar year. You may achieve the Gold tier by spending $5,000 during any calendar year. You may achieve the Platinum tier by spending $10,000 during any calendar year. Spending requirements for any tier are subject to change from time to time without notice.
MAINTAINING YOUR TIER
Tier status is determined based on dollars spent on Net Qualifying Transactions during a calendar year (i.e., January 1 to December 31). Upon achieving the Silver, Gold, or Platinum tiers, your tier status will last until the end of the next calendar year, reverting thereafter to the tier corresponding to the dollars spent on Net Qualifying Transactions made in that calendar year. For example, if you achieve the Platinum tier in year 1, your Platinum-tier status will expire on December 31 of year 2. On January 1 of year 3, your tier status will be determined based on total dollars spent on Net Qualifying Transactions made in year 2.
EARNING POINTS
For every one dollar you spend on a Net Qualifying Transaction, you will receive the amount of Points shown below corresponding to your tier level at the time of purchase:
|
Point Allocation Per Dollar |
Bronze |
Silver |
Gold |
Platinum |
Comments |
|
Net Qualifying Transactions |
1 |
1.5 |
2 |
2.5 |
Points are awarded for the retail amount paid. No Points are awarded for sales tax, fees, etc. |
Dollars spent on Net Qualifying Transactions and any Points earned therefrom will be reflected in your Key Rewards Account within forty-eight (48) hours after making a Qualifying Transaction.
OTHER LIMITATIONS
The Key Cannabis Rewards Program is based on Net Qualifying Transactions. Points are not earned for any transactions that are not Qualifying Transactions. Points are deducted, or otherwise not earned, for any returns, credits, discounts, Points redeemed, and adjustments. Key Cannabis, in its sole discretion, will determine whether any transaction is a Qualifying Transaction. All such determinations by Key Cannabis are final but may be subject to redetermination, at Key Cannabis’ sole discretion. The Key Cannabis Rewards Program is a temporary incentive for loyalty, award, or promotional purposes and is not actual cash or currency, stored value, or account credit. Points cannot be redeemed or exchanged for cash. You have no property interest in the Key Cannabis Rewards Program or Points.
REDEEMING POINTS
Each one hundred (100) Points accumulated in your Key Rewards Account may be redeemed for a five-dollar ($5.00) pre-tax discount on Qualifying Transactions, as illustrated below:
|
Points Redeemed |
Retail Discount |
|
100 |
$5.00 |
|
200 |
$10.00 |
|
300 |
$15.00 |
|
600 |
$30.00 |
|
1000 |
$50.00 |
Points may only be redeemed at our Key Cannabis dispensaries or website.
We reserve the right to prohibit the redemption of Points for any reason, in our sole discretion, including but not limited to the redemption of Points in connection with any other offer, promotion, or discount. Points requirements assigned to any reward are subject to change from time to time without notice. In the event you redeem any unearned Points, or if Points are deducted from your Key Rewards Account causing a negative Points balance, any future Points earned will be reduced in order to account for such unearned Points or eliminate any negative Points balance, as the case may be.
BONUS OFFERS
Bonus offers are special offers for extra Points, discounts, or other rewards that may be offered from time to time. Bonus offers are subject to change or cancelation at any time without notice, at our sole discretion. Please refer to the specific bonus offer information available to you either by text, mobile push notifications, email, or mail, or on our website. For instance, to the extent you add your birthday to your Key Rewards Account, you may receive 200 Points, annually, on your birthday.
EXISTING MEMBERS PRIOR TO EFFECTIVE DATE
Individuals with an active Key Rewards Account prior to the effective date of these Terms and Conditions will keep all Points in their Key Rewards Account on said effective date. Key Cannabis may also double those Points. Unless otherwise specified, such pre-existing Key Rewards Accounts will not need to be re-enrolled in the Key Cannabis Rewards Program.
EXPIRATION OF YOUR POINTS
Your Points are not subject to expiration.
TRANSACTIONS AT THIRD-PARTY RETAILERS EXCLUDED
Purchase of our cannabis or any of our other products at third-party dispensaries or other retailers that carry our products are not Qualifying Transactions and will not earn any Points.
COMMUNICATIONS
Current Points balances are available online to Key Cannabis Rewards Program members here. Elevate Cannabis may also communicate with you via mail, email, text message, or telephone from time to time to alert you to special offers and promotions.
Despite Key Cannabis’ best efforts to ensure accuracy, printing and electronic (e.g., website, mobile application, etc.) errors may occasionally occur. Key Cannabis reserves the right to correct such errors at any time.
ELIGIBILITY
You must provide and maintain a valid mobile phone number to participate in the Key Cannabis Rewards Program, promptly updating your Key Rewards Account with any changes to same. You must be eighteen (18) years or older, and be able to verify same, to participate in the Key Cannabis Rewards Program. By enrolling in the Key Cannabis Rewards Program and providing your mobile phone number and, as applicable, your email address, you acknowledge and expressly consent to receipt of electronic communications from Key Cannabis regarding your Key Rewards Account and promotional offers. The information you provide is subject to Key Cannabis’ Privacy Policy.
If you are no longer eligible for the Key Cannabis Rewards Program, you Key Rewards Account may be terminated and you may be required to forfeit any Points earned. This forfeiture may apply to your entire Points balance.
Key Cannabis may not permit you to redeem your Points if Key Cannabis terminates your Key Rewards Account because of conduct that Key Cannabis deems, in its sole discretion, violates these Terms and Conditions or any applicable law; involves fraud or misuse or abuse of the Key Cannabis Rewards Program; provides benefits not intended by Key Cannabis; or is harmful to Key Cannabis’ interests or the interests of other Key Cannabis Rewards Program members.
Key Cannabis also reserves the right to deny future participation in the Key Cannabis Rewards Program if Key Cannabis deems, in its sole discretion, your conduct violates these Terms and Conditions or any applicable law; involves fraud or misuse or abuse of the Key Cannabis Rewards Program; provides benefits not intended by Key Cannabis; or is harmful to Key Cannabis’ interests or the interests of other Key Cannabis Rewards Program members.
ENFORCING THESE TERMS AND CONDITIONS
Key Cannabis may exercise its rights under these Terms and Conditions at any time. Key Cannabis will not lose rights under these Terms and Conditions because we delay in enforcing them or fail to enforce them. This includes situations where we may enforce our rights under these Terms and Conditions for you, but fail or choose not to enforce our rights under these Terms and Conditions for another customer. At our sole discretion, we may also choose to enforce our rights on one customer but not on another customer without losing any of our rights under these Terms and Conditions.
DISCLAIMER
Key Cannabis is not responsible for inaccuracies in Points accrual; lost, stolen, or otherwise destroyed Points, rewards, etc.; or damages or losses resulting from or arising in connection with the use of any Points or other rewards.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR PARTICIPATION IN THE KEY CANNABIS REWARDS PROGRAM IS AT YOUR SOLE RISK. THE KEY CANNABIS REWARDS PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KEY CANNABIS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
You agree to hold Key Cannabis and its affiliates and any vendors or other providers associated with the Key Cannabis Rewards Program (collectively, our “Affiliates”) harmless if Key Cannabis fails to meet its contractual or other obligations, resulting in Key Cannabis Rewards Program interruption or termination prior to your redeeming your Points or receiving any other rewards. You also agree to hold Key Cannabis and our Affiliates harmless if Key Cannabis or any of our Affiliates files for bankruptcy or otherwise goes out of business prior to receiving, earning, redeeming, or using any Points, benefit, or other reward.
LIMITATION OF LIABLITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ELEVATE CANNABIS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OR THE INABILITY TO USE THE KEY CANNABIS REWARDS PROGRAM. IN NO EVENT WILL OUR MAXIMUM LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID FOR QUALIFYING TRANSACTIONS IN THE THREE (3) MONTHS PRECEDING THE APPLICABLE CLAIM OR $1,000, WHICHEVER IS GREATER.
TERMINATION OR CHANGES TO THE KEY CANNABIS REWARDS PROGRAM
The Key Cannabis Rewards Program, including these Terms and Conditions, may be modified, suspended, or canceled, and the redemption value of already accumulated Points may be changed at any time without notice, restriction, or penalty. The most current version of these Terms and Conditions is available on our website. Points, rewards, or other benefits must be redeemed on or before the Key Cannabis Rewards Program ends. Points may be forfeited due to violations of these Terms and Conditions, in our sole discretion. The Key Cannabis Rewards Program is void where prohibited or restricted by law. You are responsible for any applicable federal, state, or local taxes.
Points or other rewards or benefits accumulated are not your property and, except as specifically provided herein, cannot be bought, sold, or transferred (including upon your death or as part of a domestic relations settlement).
DISPUTE RESOLUTION
You agree that: (1) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the Key Cannabis Rewards Program will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association (“AAA”) Procedures for Consumer-Related Disputes in conjunction with the AAA Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (2) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) The arbitration will be held at the AAA regional office nearest you; (4) The arbitrator’s decision will be controlled by these Terms and Conditions; (5) The arbitrator will apply Missouri law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law; (6) There will be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) The arbitrator will not have the power to award punitive damages against any party; (8) In the event that the administrative fees and deposits you are required to pay under the AAA rules exceed $125, and you are unable to pay the additional fees and deposits, Key Cannabis retains the right to forward them to the AAA on the your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Key Cannabis retains the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision will remain in full force and effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that you have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph.
Why the redirect? Elevate Dispensaries have a new name and website.
Key Cannabis Dispensaries are everything you loved about Elevate Dispensaries, but with a wider selection, streamlined wait times, exclusive specials, and more. Continue to Key Cannabis to see for yourself.
Before we open our virtual doors, we have to ask:
