Terms of Use

Last updated: July 1, 2024

Welcome to Jardín Premium Cannabis Dispensary!

These terms and conditions of use (“Terms of Use”) cover your use of and access to the website located at https://jardinlasvegas.com/ (“Site”) and the Jardín mobile application (“App”), including any content functionality, products, and services offered on or through the Site or App. The Site and App are owned and operated by DIV Holdings, LLC d/b/a Jardín® and its affiliates (“Jardín”, “we”, “us”, or “our”). The Site and App provide an e-commerce platform and information related to Jardín’s products and services and other general topics regarding the cannabis industry.

Please read these Terms of Use carefully and in their entirety, as these Terms of Use include important information about your legal rights, remedies, and obligations. Feel free to contact us if you have any questions about these Terms of Use.

By using or accessing the Site or App, you are agreeing to be bound by these Terms of Use and our Privacy Policy. References to “you”, “your”, and similar terms are construed accordingly in these Terms of Use to mean users and visitors of the Site or App. Certain aspects of the Site, the App, or other Jardín services may be subject to additional guidelines, terms, or rules, which will be posted on the Site or App in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms of Use. If you do not agree to these Terms of Use, you should not use or access the Site or App.

THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH IN THE SECTION TITLED “GOVERNING LAW AND ARBITRATION” BELOW, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST JARDÍN ON AN INDIVIDUAL BASIS, MEANING YOU CANNOT BRING CLAIMS AGAINST JARDÍN IN COURT, AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION WAIVER IN ARBITRATION. PLEASE READ IT CAREFULLY AS IT IMPACTS YOUR LEGAL RIGHTS.

Availability

Jardín operates and offers its products and services from facilities in the United States. Jardín makes no representations that this Site, App, or Content (as defined below) is appropriate or available for use in locations outside the United States. Access to and use of this Site, App, and/or the services offered on them is limited exclusively to users located in states within the United States where the Jardín products and services are available. Those who access the Site or App from jurisdictions where we do not offer any products or services, do so at their own risk.

By using this Site and App you represent that you are not a person barred from enrolling for and/or receiving our products and services under the laws of the United States or other applicable jurisdictions in which you may be located.

This Site and App are offered and available to individuals who are 21 years of age or older. By using the Site and App you represent and warrant that you meet this age requirement, and if you do not meet it, you must not access or use the Site and App.

Our Content and Intellectual Property Rights

This Site and App may contain text, images, software (including images or files incorporated in or generated by the software or data accompanying such software), photographs, video, graphics, audio, features, data, designs, computer programs, source and object code, documentation, illustrations, animations, databases, logos, domain names, trade names, trade identities, and other such similar content (collectively, “Content”). Unless otherwise expressly identified, all Content is owned by us or by our third-party licensors, and is protected by United States and international copyright, trademark, and other intellectual property or proprietary rights laws. No right, title, or interest in or to the Site, App, or Consent is transferred to you, and all rights not expressly granted are reserved by us.

Jardín, the Jardín logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Jardín or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Site and App are the trademarks of their respective owners.

You may use the Site and App and download Content solely for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Except as expressly permitted, you may not modify, copy, reproduce, republish, upload, post, transmit, hyperlink to or from, or distribute in any way Content from the Site or App, including code and software underlying the Site or App, nor may you sell, transfer, or otherwise use the Site, App, or Content in commerce or for any public or commercial endeavor without our prior and express written consent. We may in our sole discretion make changes to Content at any time without notice.

Regulatory Notices

United States (Federal)

Marihuana remains a Schedule I drug under the Controlled Substances Act. The cultivation, processing, sale, and possession of marihuana and products containing marihuana; the manufacture, sale, and possession of marihuana paraphernalia; and advertising the sale of marihuana, marihuana products, and cannabis paraphernalia are illegal under the federal laws of the United States and certain state laws. You are responsible for complying with the applicable laws regarding marihuana in your jurisdiction. All Jardín marihuana products are intended for personal use only in the jurisdiction in which they are sold. Products sold by Jardín are not intended for resale or interstate transport.

Nevada Residents

Products containing marijuana can impair concentration, coordination and judgment. Do not operate a vehicle or machinery under the influence of this drug. Cannabis products may be unlawful outside of the State of Nevada. Warning: Cannabis products may have intoxicating effects and may be habit forming. Smoking is hazardous to your health. There may be health risks associated with consumption of cannabis products. Cannabis products should not be used by women who are pregnant or breast feeding. Cannabis products are for use only by the person named on the label of the dispensed product. Keep out of the reach of children. Do not operate a vehicle or machinery under the influence of this drug.

CAUTION REGARDING CONCENTRATED CANNABIS PRODUCTS: When eaten or swallowed, the intoxicating effects of this drug may be delayed by 2 or more hours.

Except for medical marijuana patients, possession of over 1 ounce of usable marijuana, one-eighth ounce of concentrated marijuana, an edible marijuana product containing more than 3,500 milligrams of THC, or a combination of the three which exceeds the legal limit is prohibited. Transportation of marijuana or marijuana products across state lines is prohibited.

Consult with Professionals

The Site and App and the materials on the Site and App, including Content, are provided for informational purposes only and we make no claims with respect to the use or consumption of any of our products. Do not act upon this information without seeking guidance from an attorney, medical professional, or other applicable, qualified professional. Any information on the Site and App is not intended to provide medical nor legal advice. Information on the Site and App is not intended to assess, diagnosis, nor specifically treat any medical condition(s) or concerns. Information provided on the Site and App is also not intended to provide legal advice in relation to the cannabis industry nor any other industry. Any illegal use or resale of any products listed on the Site or App could subject you to fines, penalties and/or imprisonment under state and federal law.

Do not operate vehicles or dangerous equipment while under the influence of cannabis. If you are pregnant or may be pregnant, breastfeeding, suffering from a known health condition, or taking any prescription medications, you should consult your primary care physician or other qualified health care professional prior to using cannabis. These statements have not been evaluated by the Food and Drug Administration. None of the products made available by Jardín are intended to diagnose, treat, cure, or prevent any disease.

Accuracy of Information and Prices

We attempt to ensure that information provided through the Site and App, including Content, is complete, accurate and, current. Except as prohibited by applicable law, we make no representation as to the completeness, accuracy, or currency of any information provided through the Site and App, including without limitation, Content. Any reliance you place on such information is strictly at your own risk. Jardín shall not be responsible for any errors or omissions on the Site and App. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site and App, or by anyone who may be informed of any of its contents. We reserve the right to amend errors or to update or remove any information on the Site and App, including Content, at any time without prior notice. Additionally, we may at our sole discretion withdraw, suspend, or discontinue any functionality or feature of the Site or App, among other things.

The Site and App may provide you with pricing for products that we carry in our dispensary. The prices displayed for products available for purchase via the Site and App may only represent the applicable retail prices, and may not consist of other applicable charges (e.g., taxes and delivery fees). Before you complete an order, all such applicable charges will be provided to you. The pricing shown to you through use of the Site and App may only be good for purchases made through the Site and App and may differ from in-store pricing. Additionally, products shown on the Site and App may appear differently than at our dispensary. Not all products shown on the Site and App are available in our dispensary, as some products can only be found online.

Please note that the current price for and availability of a product may differ from the price displayed when the product was first placed in your shopping cart. Prices and availability are current at the time of publication and are subject to change without notice. All pricing is in United States dollars.

Discounts

The Site and App may display, include, or make available discounts and other special or promotional offers. These discounts or offers may be subject to additional terms, conditions, or restrictions, including terms, conditions, or restrictions required by applicable law, regardless of whether such additional terms, conditions or restrictions are expressly included on the Site and App. Note that an updated grand total, that includes any discounts or offers, may not be reflected on the Site and App and may instead be given prior to delivery or upon your arrival at our dispensary.

Pick-up Orders and Deliveries

The Site and App permit you to order products for pick-up or delivery through a platform powered by Courier Plus Inc. (d/b/a “dutchie”). You must create an account with dutchie in order to access and use certain features of its services. Your use of and account on dutchie’s platform is subject to dutchie’s terms and conditions, and you agree to comply with such terms when using the dutchie platform. You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account or use of dutchie’s services.

When ordering products through the Site or App, you must provide accurate and complete information as requested in order for us to process your transaction. It is your responsibility to promptly provide us with any contact or billing information changes or updates, as applicable. When an order for delivery is placed, it will be delivered to an address designated by you so long as that delivery address is compliant with any applicable delivery restrictions set forth by us or applicable law. All delivery orders are subject to acceptance by us, and we will confirm such acceptance by a phone call. For more information about our deliveries, please review our delivery FAQ.

Prior to pick-up or delivery, we reserve the right, without prior notice, to cancel or limit the order quantity on any product or service and/or to refuse service to anyone. We may limit or prohibit orders that, in our sole judgment and discretion, are placed by dealers, resellers, or distributors, appear to be in violation of these Terms of Use or applicable law, or are processed as a result of any fraudulent or misleading activity. In the event we alter or cancel an order, we will attempt to notify you via the contact information provided at the time you placed your order. Also, we may require verification of your information prior to the acceptance, pick-up and/or delivery of any order.

All sales are final, non-cancelable, and non-refundable except as expressly set forth in these Terms of Use or as otherwise determined by us in our sole discretion. You are responsible for paying any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase of any products or services, which we reserve the right to collect at any time after your purchase, to the extent applicable.

Exchanges and Refunds

Returns, exchanges or refunds are not permitted for cannabis products once they have left the dispensary. Returns or exchanges for apparel will only be accepted within 30 days of purchase and must be completed at the dispensary. Apparel must be unopened or with original tags and unworn in order to be returned or exchanged. Jardín, including its employees, has sole discretion to determine if a return or exchange will be accepted.

User Conduct and Responsibilities

You are required to comply with all applicable federal, state, local, and international laws in connection with your use of the Site and App. As a condition of your use of the Site and App, you agree that you will not use the Site and App for any purpose that is unlawful or prohibited by these Terms of Use. You agree that you will only provide information in connection with any and all uses of the Site and App that is true and accurate, identifies only you, and is not false, misleading, or otherwise an impersonation of any person or entity.

Additionally, you agree not to, without limitation:

Use any Content or other information available on the Site or App for any unauthorized purpose;
Interfere with or damage the Site or App or servers or networks connected the Site or App or disobey any requirements, procedures, policies, or regulations of networks connected to the Site or App, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing of electronic mail address information, or similar methods or technology;

Use any robot, spider, or other automatic device, process, or means to access the Site and App for any purpose, including monitoring, copying, downloading, or scraping any of the material on the Site or App;

Upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
Upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
Upload, post, e-mail, or otherwise transmit any materials that you do not have a right to transmit under any law or under any contractual or fiduciary relationships;
Attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by the Site or App;
Harvest or collect Personal Information (as defined in our Privacy Policy) about any other individual who uses the Site or App;
Infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including, but not limited to, such rights of third parties; or
Assist any third party in engaging in any activity prohibited by these Terms of Use.

You represent, warrant, and agree that you will comply with the above acceptable use requirements. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation.

Your Submissions

You may choose to submit questions, feedback, comments, suggestions, and other information through the Site, App, or via email which may include text, photos, audio, code, forms and agreements, files, videos, images, and other materials (“Submissions”). By providing us Submissions you give Jardín, its sub-licensees, and successors and assigns a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works from any Submissions provided through the Site or App for any purpose. You acknowledge and agree that this license includes a right for Jardín to make such Submissions available to other companies, organizations, or individuals with whom Jardín has relationships.

Privacy

We take your privacy very seriously. Please read our Privacy Policy for information on how your personal information provided in connection with your use of the Site and App will be handled. By accepting these Terms of Use you are also accepting the terms of our Privacy Policy, which are incorporated herein by reference for all applicable purposes.

Electronic and Telephonic Communications

When you use the Site or App, sign up for marketing communications from us, or send e-mails, messages (e.g., via our Intercom Messenger), and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us including via e-mail, text messages, phone calls, social media, and push notifications at the email address or telephone number (including mobile number) you provided. You agree that all agreements and consents can be signed electronically and all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.

We may send and receive text messages through cellular telephone operators or other networks, and the level of reliability may vary. We are not responsible for the timeliness or final delivery of text messages, as that is outside our control and is the responsibility of the cellular telephone operator or other networks. Your carrier may charge standard messaging, data, and other fees, and you are responsible for those charges. Notwithstanding the foregoing, we will use your mobile number in accordance with our Privacy Policy. Please read our Privacy Policy to learn more about our communications practices.

IF YOU WISH TO OPT OUT OF MARKETING EMAILS FROM US, YOU CAN UNSUBSCRIBE BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE MARKETING EMAIL ITSELF. IF YOU WISH TO OPT OUT OF TEXT MESSAGES FROM US, YOU CAN DO SO BY TEXTING THE APPLICABLE KEYWORD PROVIDED IN THE TEXT MESSAGE(S), FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. You understand and agree that you may continue to receive communications from us while we process your opt-out requests, and you may also receive a communication confirming the receipt of your opt-out requests.

Third Party Sites

The Site and App may contain links, references, and other forms of connectivity to websites, platforms, and applications maintained and controlled by third parties (“Third Party Sites”). Inclusion of any link to Third Party Sites does not imply an endorsement or recommendation of any material, substance, information, practice, or the owner or proprietor of such Third Party Sites by Jardín. Jardín makes no representations or warranties of any kind as to the accuracy, currency, or completeness of any content or information contained in Third Party Sites and shall have no liability for any damages or injuries of any kind arising from such content or information contained in Third Party Sites. If you decide to access any Third Party Sites linked to by the Site or App, you do so entirely at your own risk. You should refer to the terms and policies of any Third Party Sites you use to determine your rights and responsibilities.

Linking to the Site and App

You may link to the Site and App, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our written consent. We may disable all or any links at any time without notice in our discretion.

You must not cause the Site or App, or portions of either, to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop.

Indemnification

You agree to defend, indemnify, reimburse, and hold harmless Jardín, its parents, subsidiaries, shareholders, affiliated entities, and third party contractors, and its and their respective members, managers, officers, directors, representatives, employees, agents, successors, designees, licensees, sublicensees, and assigns from and against any and all liability, loss, damages, judgments, costs, and expenses (including reasonable attorneys’ fees, costs and expenses, and court costs) arising out of or related to: (i) your use of the Site, App and Content; (ii) your violation, breach, or alleged breach of these Terms of Use or our Privacy Policy; and (iii) your violation or alleged or threatened violation of any laws, rules, or regulations, or any rights of a third party, including, without limitation, any trademark, copyright, patent, trade secret, defamation, right of privacy or publicity, or moral rights of any third party, arising from your Submissions. We reserve the right to control the defense of any claim by a third-party for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.

Warranties Disclaimer, Limitation of Liability, and Assumption of Risk

THE SITE AND APP, INCLUDING ALL SOFTWARE, FUNCTIONS, MATERIALS, CONTENT, INFORMATION, AND ANY SERVICES AND PRODUCTS AVAILABLE THROUGH THE SITE AND APP ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. JARDÍN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, MERCHANTABILITY OF COMPUTER PROGRAMS, DATA ACCURACY, SYSTEM INTEGRATION, AND INFORMATIONAL CONTENT. JARDÍN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THE SITE AND APP, THE USE, VALIDITY, ACCURACY, AVAILABILITY, QUALITY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE CONTENT ON THE SITE OR APP OR ANY OTHER WEBSITES LINKED TO THE SITE OR APP. CONTENT AND ANY OTHER MATERIALS OF THE SITE AND APP MAY BE OUT OF DATE, AND JARDÍN MAKES NO COMMITMENT TO UPDATE CONTENT ON THE SITE AND APP. JARDÍN DOES NOT AND CANNOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THE SITE AND APP, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. JARDÍN DOES NOT WARRANT THAT THE SITE AND APP OR ANY ASSOCIATED SOFTWARE, MATERIALS, CONTENT, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THE SITE AND APP OR ANY ASSOCIATED SOFTWARE, MATERIALS, CONTENT, OR SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JARDÍN OR THROUGH OR FROM THE SITE AND APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL JARDÍN BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE USE, INABILITY TO USE, OR RESULTING FROM THE USE OF THE SITE, APP, ANY WEBSITES LINKED TO THE SITE OR APP, CONTENT, SOFTWARE, OR OTHER INFORMATION CONTAINED IN ANY OR ALL SUCH WEBSITES, INCLUDING WITHOUT LIMITATION, ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH, OR FROM THE SITE AND APP, WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF CONTENT OR OTHER INFORMATION FROM THE SITE OR APP RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SITE OR APP, OUR CONTENT, OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AN APP.

You assume the risk of any and all damage or loss incurred as a result of your consumption of marijuana or cannabis products obtained through the Site or App.

Governing Law and Arbitration

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Nevada excluding its conflict of law rules.

Any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules by a sole arbitrator. The parties hereto shall endeavor to agree upon the arbitrator, and if they fail to do so within twenty-one (21) days of the commencement of the arbitration, the appointment shall be made by the AAA in accordance with the Commercial Arbitration Rules. The place, or legal seat of arbitration, shall be New York, and the language of the arbitration shall be English.

You may only bring claims in your individual capacity on your own behalf, and not in any representative capacity or on behalf of any class or purported class, and no arbitration you commence hereunder may be joined with or include any claims by any other persons. Each party shall bear its own arbitration filing fees.

The arbitrator shall issue a reasoned award and shall have the power to grant any interim or provisional measures that the arbitrator deems appropriate, including, but not limited to, injunctive relief and specific performance, and any interim or provisional measures ordered by the arbitrator may be specifically enforced by any court of competent jurisdiction as a final award. Nothing herein, however, shall authorize the arbitrator to act as amiable compositeurs or to proceed ex aequo et bono. Each party hereto retains the right to seek interim measures from a judicial authority, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The arbitrator shall award the prevailing party, if any as determined by the arbitrator, its reasonable costs, including reasonable attorney’s fees. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction. No information concerning an arbitration, beyond the names of the parties, their counsel or the relief requested, may be unilaterally disclosed to a third party by any party unless required by law. Any documentary or other evidence given by any party or witness in any arbitration shall be treated as confidential by any party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any third party (other than a witness or expert), except as may be required by law. Any party who commences any judicial proceeding in connection with an arbitration initiated hereunder shall endeavor to have the judicial record of any such proceeding sealed to the extent permitted by law.

No Third Party Rights and Assignment

Unless expressly stated in these Terms of Use to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, Jardín, and our successors and assigns. Nothing in these Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you and Jardín and our successors and assigns, nor shall any provision give any third parties any right of subrogation or action over against you, Jardín, and our successors and assigns.

You may not assign your rights or delegate your obligations under these Terms of Use without the prior written consent of Jardín. We shall have the right to assign these Terms of Use in whole or in part to any person or business entity.

Force Majeure

We will not be deemed to be in breach of these terms or liable for any breach of these Terms of Use or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, pandemics/epidemics, or other disaster.

Changes

Jardín reserves the right to modify these Terms of Use from time to time in its sole discretion, effective upon posting. In the event of such changes, we will post the changes on this Site and App and/or notify you via email. Any use of the Site and App after such changes shall be deemed an acceptance of those changes. You should periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound.

Miscellaneous

These Terms of Use, together with our Privacy Policy, set forth the entire understanding and agreement of you and Jardín as to the subject matter hereof and supersede all prior proposals, discussions, or agreements (oral and written) with respect to such subject matter. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to antecedent, subsequent, or similar breaches. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Your use of the Site and App is independent of Jardín and not as an employee, agent, partner, or joint-venturer with Jardín for any purpose.

Contact

All feedback, comments, requests for technical support, and other communications relating to the Site or App should be directed to:

Address: 2900 E. Desert Inn Road, Las Vegas, NV 89121
Phone: (702) 331-6511
Email: [email protected]