AGREEMENT TO OUR LEGAL TERMS

We are American Mary (“American Mary,” “Company,” “we,” “us,” or “our”), a Washington State licensed cannabis retailer operating retail locations in Seattle, Washington.

We operate the website https://americanmarywa.com, the American Mary mobile application, online menus, loyalty features, store information pages, promotional content, messaging features, and any other related products or services that link to these Terms and Conditions, collectively referred to as the “Services.”

American Mary provides information regarding Washington State licensed cannabis products and related retail services for adults 21 years of age or older. Our Services may include information about cannabis flower, pre-rolls, infused products, concentrates, edibles, beverages, topicals, accessories, branded merchandise, loyalty rewards, store locations, promotions, online pickup ordering, and other retail-related information.

These Terms and Conditions constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and American Mary concerning your access to and use of the Services. By accessing or using the Services, you agree that you have read, understood, and agreed to be bound by these Terms and Conditions.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.

The Services are intended only for users who are at least 21 years old. Persons under the age of 21 are not permitted to access cannabis-related content, place pickup orders, participate in cannabis-related promotions, use loyalty rewards connected to cannabis purchases, or otherwise use the Services.

We may make changes or modifications to these Terms and Conditions at any time. We will alert you about changes by updating the “Last updated” date above. It is your responsibility to review these Terms periodically. Your continued use of the Services after updated Terms are posted means you accept the updated Terms.

TABLE OF CONTENTS

1. Our Services
2. Cannabis Age Restriction and Legal Compliance
3. No Online Cannabis Sales
4. Accounts, Loyalty, and Customer Information
5. Products, Menus, Deals, and Availability
6. Pickup Orders, Purchases, and Payment
7. Returns and Exchanges
8. Rewards, Discounts, and Promotions
9. Mobile App Features
10. SMS, Push Notifications, and Electronic Communications
11. Privacy Policy
12. Intellectual Property Rights
13. User Submissions, Feedback, and Reviews
14. Prohibited Activities
15. Third-Party Websites and Services
16. Services Management
17. Service Availability, Modifications, and Interruptions
18. Corrections
19. Disclaimer
20. Limitation of Liability
21. Indemnification
22. User Data
23. Term and Termination
24. Governing Law
25. Dispute Resolution
26. Miscellaneous
27. Contact Us
28. OUR SERVICES

1. Our Services

The Services are provided for informational, promotional, loyalty, retail, and customer-service purposes related to American Mary’s licensed cannabis retail locations.

The Services may allow users to view store information, browse menus, view deals, access loyalty information, receive promotional messages, open third-party ordering platforms, contact American Mary, get directions, review store locations, and interact with related features.

The Services are not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation. Persons who access the Services from outside Washington State do so on their own initiative and are solely responsible for compliance with applicable local laws.

The Services are not intended to provide medical advice, legal advice, or professional advice. Cannabis affects individuals differently. You should consult a qualified professional before using cannabis if you have medical questions, are pregnant or nursing, take medications, have a health condition, or are unsure whether cannabis is appropriate for you.

2. CANNABIS AGE RESTRICTION AND LEGAL COMPLIANCE

The Services are intended only for adults 21 years of age or older.

By accessing or using the Services, you represent and warrant that:

You are at least 21 years old;
You have the legal capacity to agree to these Terms;
You will comply with all applicable federal, state, and local laws;
You will not use the Services for any illegal or unauthorized purpose;
You will not attempt to purchase cannabis for any person under 21 years old;
You will not provide cannabis to any person under 21 years old;
You will not attempt to avoid or bypass any age gate, identity check, location restriction, or compliance measure.

A valid, government-issued photo ID is required for cannabis purchases. American Mary reserves the right to deny entry, refuse service, cancel a pickup order, or refuse a sale if we cannot verify your age, identity, or legal eligibility to purchase cannabis.

American Mary may also refuse service to any person who appears intoxicated, presents invalid identification, attempts to purchase beyond legal limits, violates store policy, or otherwise acts in a way that creates legal, safety, or compliance concerns.

3. NO ONLINE CANNABIS SALES

The Services may allow you to view menus, browse products, reserve items, or place pickup orders. However, cannabis is not sold online.

All cannabis purchases must be completed in person at a licensed American Mary retail location. Any online menu, reservation, cart, or pickup feature is not a completed sale. A sale is completed only after in-store ID verification, final product confirmation, payment, and transaction approval.

American Mary does not ship cannabis products. American Mary does not deliver cannabis products. Any pickup order must be collected in person at the applicable licensed retail location.

Product availability, pricing, product details, potency information, images, and promotions shown online may differ from what is available in-store at the time of pickup.

4. ACCOUNTS, LOYALTY, AND CUSTOMER INFORMATION

The Services may allow you to enter, save, or submit information such as your phone number, name, email address, location, or other customer information for loyalty, pickup, messaging, or customer-service purposes.

You agree to provide information that is accurate, current, and complete. You are responsible for updating your information if it changes.

The American Mary mobile app may use a saved phone number or other information to retrieve customer loyalty data, display loyalty points, show reward progress, or allow access to other customer-specific features.

You are responsible for maintaining the confidentiality of your device, account, login information, saved phone number, and any other information used to access your customer profile.

American Mary reserves the right to modify, correct, suspend, or terminate loyalty access, rewards, accounts, pickup orders, or customer records if we believe there has been an error, misuse, fraud, unauthorized access, violation of these Terms, or violation of applicable law.

5. PRODUCTS, MENUS, DEALS, AND AVAILABILITY

We make reasonable efforts to display product information as accurately as possible. However, we do not guarantee that product names, descriptions, images, availability, prices, cannabinoid information, terpene information, potency, strain type, category, packaging, colors, features, or other details will always be accurate, complete, reliable, current, or error-free.

All products are subject to availability. We cannot guarantee that any product displayed through the Services will be available when you arrive at a store.

Prices are subject to change without notice. Promotions are subject to change, expiration, restrictions, and availability. We reserve the right to correct errors or omissions at any time, including after a pickup order has been submitted.

Product photos may not exactly reflect the actual product, packaging, size, color, label, or appearance.

We reserve the right to discontinue, limit, modify, or remove any product, menu item, promotion, deal, reward, or service at any time for any reason.

6. PICKUP ORDERS, PURCHASES, AND PAYMENT

Online pickup orders are requests to reserve products for in-store purchase. They are not completed sales.

All pickup orders are subject to:

Valid government-issued ID verification;
Confirmation that you are 21 years of age or older;
Product availability;
Applicable purchase limits;
Applicable taxes and fees;
Store policies;
Washington State law;
Final approval by American Mary staff.

We reserve the right to refuse, cancel, limit, or modify any pickup order or purchase for any reason, including but not limited to:

Product unavailability;
Incorrect menu information;
Incorrect pricing;
Failure to provide valid ID;
Attempted purchase by or for a person under 21;
Suspected fraud or abuse;
Violation of purchase limits;
Violation of store policy;
Violation of applicable law;
Operational or inventory issues.

Payment methods may vary by location and may change without notice. All payments must be made in-store unless otherwise permitted by applicable law.

All prices are listed in U.S. dollars unless otherwise stated. Taxes and other applicable charges may be added to the final purchase price.

7. RETURNS AND EXCHANGES

Due to the regulated nature of cannabis products, returns and exchanges may be limited or unavailable.

American Mary may consider returns, exchanges, or store credits only where permitted by law and store policy. Examples may include defective products, incorrect items, damaged packaging, or other approved circumstances.

Opened, used, altered, expired, contaminated, or improperly stored products may not be eligible for return or exchange.

All return and exchange decisions are made at the discretion of American Mary management and in accordance with applicable law.

Nothing in this section limits any rights you may have under applicable consumer protection laws.

8. REWARDS, DISCOUNTS, AND PROMOTIONS

American Mary may offer loyalty rewards, points, discounts, daily deals, happy hour promotions, limited-time offers, coupons, store credits, or other promotional programs.

Rewards and promotions are subject to change at any time. They may be limited by store, date, time, product category, inventory, customer eligibility, legal restrictions, purchase limits, or other conditions.

Rewards have no cash value and may not be transferred, sold, exchanged for cash, or combined with other discounts unless expressly permitted by American Mary.

We reserve the right to correct, modify, revoke, or cancel rewards, points, promotions, or discounts if we believe there has been an error, misuse, fraud, abuse, system issue, or violation of these Terms.

Promotions are only valid where permitted by law. American Mary does not guarantee that any deal, discount, or reward shown through the Services will remain available or applicable at the time of purchase.

9. MOBILE APP FEATURES

The American Mary mobile app may provide store information, loyalty information, promotions, notifications, online menu links, location features, directions, reward displays, QR codes, and other features.

Some app features may require internet access, device permissions, location access, notification permissions, or other settings. If you disable permissions, some features may not work properly.

Location-based features may be used to determine whether app access or certain features are available in your area. Location information may be approximate and may not always be accurate.

App content may be updated, modified, removed, or discontinued at any time.

The app may link to third-party platforms, including online menu providers, map applications, social media platforms, review platforms, analytics tools, or other services. Your use of those third-party platforms is governed by their own terms and policies.

10. SMS, PUSH NOTIFICATIONS, AND ELECTRONIC COMMUNICATIONS

By providing your phone number, email address, or other contact information, you consent to receive communications from American Mary. These may include transactional messages, service messages, loyalty messages, pickup-related communications, promotional messages, and other communications related to the Services.

If we offer SMS messaging, message and data rates may apply. Message frequency may vary. You may opt out of promotional SMS messages by replying STOP, where supported. You may receive a message confirming your opt-out.

Opting out of promotional communications may not stop transactional, service-related, account-related, or legally required communications.

Push notifications may include store updates, deal alerts, loyalty updates, app notices, reminders, and promotional content. You can disable push notifications through your device settings.

By using the Services, sending us emails, submitting forms, entering your phone number, placing pickup orders, or interacting with app features, you consent to receive electronic communications. You agree that electronic notices, disclosures, agreements, and communications satisfy any legal requirement that such communications be in writing.

11. PRIVACY POLICY

We care about data privacy and security.

Please review our Privacy Policy at: https://www.americanmarywa.com/american-mary-app-privacy-policy/

By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms by reference.

The Services may collect information such as contact details, loyalty information, app usage data, device information, location information, notification preferences, order-related information, and other data described in our Privacy Policy.

If you access the Services from outside the United States, you understand that your information may be processed in the United States.

12. INTELLECTUAL PROPERTY RIGHTS

The Services, including all website content, mobile app content, software, source code, databases, features, functionality, designs, graphics, logos, images, photographs, videos, text, icons, layouts, menus, product descriptions, brand assets, service marks, trademarks, and other materials, are owned by or licensed to American Mary and are protected by intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes only.

You may not copy, reproduce, aggregate, republish, upload, post, display, encode, translate, transmit, distribute, sell, license, scrape, exploit, or otherwise use any part of the Services for commercial purposes without our prior written permission.

You may not reverse engineer, decompile, disassemble, modify, copy, adapt, or create derivative works based on the Services or any software included in the Services except where permitted by applicable law.

All rights not expressly granted to you are reserved by American Mary.

13. USER SUBMISSIONS, FEEDBACK, AND REVIEWS

The Services may allow you to submit comments, reviews, ratings, feedback, suggestions, questions, photos, messages, or other content.

By submitting content to us, you represent and warrant that:

You own or have the rights to submit the content;
The content is accurate and not misleading;
The content does not violate any law;
The content does not infringe any third-party rights;
The content is not confidential;
The content is not defamatory, abusive, obscene, discriminatory, threatening, harassing, or otherwise inappropriate.

By submitting feedback, suggestions, reviews, comments, or other content, you grant American Mary a non-exclusive, worldwide, royalty-free, fully paid, transferable, sublicensable license to use, copy, display, reproduce, modify, publish, distribute, and create derivative works from that content for business, marketing, operational, promotional, or customer-service purposes.

We may accept, reject, remove, edit, or decline to display user-submitted content at any time and for any reason.

Reviews, comments, and other user content do not necessarily reflect the views of American Mary.

14. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than the purpose for which we make the Services available.

You agree not to:

Use the Services if you are under 21 years old;
Use the Services for any illegal or unauthorized purpose;
Attempt to purchase cannabis if you are under 21;
Attempt to purchase cannabis for someone under 21;
Provide false, inaccurate, or misleading information;
Circumvent age gates, location gates, identity checks, security features, or compliance features;
Use automated scripts, bots, scrapers, crawlers, data mining tools, or similar technologies;
Systematically retrieve data or content from the Services to create a database, directory, or collection;
Interfere with, disrupt, or burden the Services or connected networks;
Upload or transmit viruses, malware, harmful code, spyware, or similar materials;
Attempt to impersonate another person or entity;
Use another person’s account, phone number, loyalty profile, or customer information without authorization;
Harass, intimidate, threaten, abuse, or harm American Mary staff, customers, or other users;
Use information from the Services to compete with American Mary;
Copy, modify, or reverse engineer any software or functionality connected to the Services;
Remove copyright, trademark, or proprietary notices from any content;
Make false reports, false reviews, or misleading claims;
Post or submit content that is unlawful, defamatory, abusive, obscene, discriminatory, or infringing;
Use the Services to advertise or sell unauthorized goods or services;
Use the Services in any manner inconsistent with applicable law or regulation.

We reserve the right to investigate and take appropriate action against anyone who violates these Terms.

15. THIRD-PARTY WEBSITES AND SERVICES

The Services may contain links to third-party websites, platforms, applications, menus, map services, social media platforms, review services, analytics providers, ordering platforms, payment-related tools, or other third-party content.

Third-party websites and services are not owned or controlled by American Mary. We are not responsible for third-party content, accuracy, availability, security, privacy practices, terms, policies, transactions, or services.

The inclusion of a third-party link does not imply endorsement by American Mary.

If you access third-party websites or services, you do so at your own risk. You should review the applicable terms and privacy policies of any third-party service you use.

16. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to:

Monitor the Services for violations of these Terms;
Take appropriate action against anyone who violates these Terms or applicable law;
Refuse, restrict, suspend, or terminate access to the Services;
Remove, disable, or modify content;
Correct errors or inaccuracies;
Limit the availability of any feature, promotion, reward, or service;
Protect the safety, rights, property, and legal compliance of American Mary, our customers, and our staff.

17. SERVICE AVAILABILITY, MODIFICATIONS, AND INTERRUPTIONS

We do not guarantee that the Services will always be available, secure, accurate, complete, uninterrupted, or error-free.

The Services may be unavailable due to maintenance, technical issues, internet outages, app store issues, third-party platform issues, inventory system issues, legal requirements, or events outside our control.

We are not liable for any loss, inconvenience, or damage caused by your inability to access or use the Services.

18. CORRECTIONS

The Services may contain typographical errors, inaccuracies, or omissions, including errors related to product descriptions, pricing, availability, deals, promotions, store hours, store information, loyalty points, product images, or other content.

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

We also reserve the right to cancel, modify, or refuse pickup orders affected by incorrect information.

19. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TO THE FULLEST EXTENT PERMITTED BY LAW, AMERICAN MARY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE OF THE SERVICES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, AND RELIABILITY.

We do not warrant or represent that:

The Services will be accurate, complete, current, or error-free;
The Services will always be available or uninterrupted;
Product information will always match in-store inventory;
Promotions will always be available;
Loyalty information will always be accurate or current;
Third-party platforms will function properly;
The Services will be free of bugs, viruses, or harmful components.

Cannabis products may cause impairment and may affect individuals differently. Do not drive, operate machinery, or engage in unsafe activities while impaired by cannabis.

Keep cannabis products away from children and pets.

Nothing on the Services is intended to diagnose, treat, cure, or prevent any disease. Product information is provided for general informational purposes only and is not medical advice.

20. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, AMERICAN MARY AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, DEVICE ISSUES, SERVICE OUTAGES, PRODUCT UNAVAILABILITY, OR OTHER DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES.

Our total liability to you for any claim arising from or related to the Services will not exceed the amount you paid to American Mary for the specific transaction giving rise to the claim, or $100 if no transaction occurred.

Some laws do not allow limitations on certain warranties or damages. If those laws apply to you, some or all of the above limitations may not apply, and you may have additional rights.

21. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless American Mary, including its owners, officers, employees, contractors, agents, affiliates, service providers, and licensors, from and against any loss, damage, liability, claim, demand, cost, or expense, including reasonable attorneys’ fees, arising out of or related to:

Your use of the Services;
Your violation of these Terms;
Your violation of applicable law;
Your violation of the rights of a third party;
Your submitted content, feedback, reviews, or messages;
Your misuse of loyalty features, rewards, discounts, pickup orders, or promotions;
Your attempt to purchase cannabis unlawfully;
Your attempt to provide cannabis to a person under 21;
Any harmful act toward another user, customer, employee, or agent of American Mary.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification. You agree to cooperate with our defense of such claims.

22. USER DATA

We may maintain certain data that you transmit to the Services for the purpose of managing the Services, loyalty features, customer communications, pickup orders, analytics, performance, security, compliance, and customer support.

Although we may perform routine backups or use third-party service providers, you are responsible for the information you submit and for keeping your own records where appropriate.

You agree that we are not liable for any loss, corruption, delay, error, or unauthorized access involving user data except where liability cannot be excluded by law.

23. TERM AND TERMINATION

These Terms remain in full force and effect while you use the Services.

We may deny access to or use of the Services, suspend or terminate accounts or loyalty access, delete or restrict content, cancel pickup orders, or block access at any time, with or without notice, for any reason, including violation of these Terms or applicable law.

If your access is terminated, you may not create a new account or access the Services using another person’s information without our permission.

Sections that by their nature should survive termination will continue to apply, including intellectual property, disclaimers, limitation of liability, indemnification, governing law, dispute resolution, and miscellaneous provisions.

24. GOVERNING LAW

These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Washington, without regard to conflict of law principles.

25. DISPUTE RESOLUTION

Before filing a formal claim, you agree to first contact American Mary at info@americanmarywa.com and attempt to resolve the dispute informally.

If a dispute cannot be resolved informally, any claim or dispute arising out of or related to these Terms, the Services, or your relationship with American Mary shall be brought in the state or federal courts located in King County, Washington, unless otherwise required by applicable law.

You agree to submit to the personal jurisdiction of those courts.

Nothing in this section prevents American Mary from seeking injunctive or equitable relief to protect its intellectual property, confidential information, security, operations, customers, employees, or legal compliance.

26. MISCELLANEOUS

These Terms and any policies posted by American Mary in connection with the Services constitute the entire agreement between you and American Mary regarding the Services.

Our failure to enforce any right or provision of these Terms does not operate as a waiver of that right or provision.

If any provision or part of a provision of these Terms is found unlawful, void, or unenforceable, that provision or part will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.

We may assign our rights and obligations under these Terms at any time. You may not assign your rights or obligations without our prior written consent.

We are not responsible for any delay, failure, loss, or damage caused by events beyond our reasonable control.

There is no joint venture, partnership, employment, agency, or franchise relationship created between you and American Mary as a result of these Terms or your use of the Services.

These Terms will not be construed against American Mary merely because American Mary drafted them.

27. CONTACT US

To resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

American Mary – Wallingford
321 NE 45th St
Seattle, WA 98105
Phone: (206) 547-7833

American Mary – Ballard
5300 17th Ave NW
Seattle, WA 98107
Phone: (206) 535-7209

American Mary – Belltown
2114 WESTERN AVE STE B
Seattle, WA 98121

Email: tech@americanmarywa.com

Website: https://americanmarywa.com

LEGAL REVIEW NOTE

This Terms and Conditions document is a working draft prepared for American Mary’s website and mobile application. It should be reviewed by qualified legal counsel before publication, especially for cannabis compliance, consumer protection, privacy, SMS marketing, loyalty rewards, arbitration, and Washington State retail cannabis requirements.