TERMS OF SERVICE
Last Changes to Terms of Service: 6 May 2021.
The following terms and conditions (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Lucida, Inc. (collectively, “LucidaClub” or “we” or “us” or “our”), governing your access to and use of the website lucidaclub.com, as well as any other media form, media channel, mobile application (“Mobile App”) or mobile website related or connected thereto (collectively, the “Site”). By visiting our Site, you engage in our “Services” and agree to be bound by these Terms. Supplemental terms and conditions or documents that may be posted on the Site from time to time, are hereby expressly incorporated into these Terms by reference.
Please read these Terms carefully before accessing or using our Site. By accessing, browsing, or otherwise using the Site, you agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced or linked herein. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. If you do not agree to all the terms and conditions contained herein, then you may not access the Site or use any Services.
Any new features or tools which are added to the current Site shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms in our sole discretion by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
By agreeing to these Terms, you represent that you are at least 21 years old and that your use of the Site or Services does not violate any applicable law or regulation, except, as discussed below, federal laws related to marijuana. Any use of the Site or Services by persons under the age of 21 is strictly prohibited.
YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS BY CONTINUING TO USE THE SITE. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, OR TO MODIFICATIONS THAT LUCIDACLUB MAY MAKE TO THESE TERMS IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE SERVICES OR THE SITE. PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY ACCESSING OR USING THE SERVICES, YOU ARE ACCEPTING THESE TERMS AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THESE TERMS. YOU MAY NOT ACCESS OR USE THE SERVICES OR ACCEPT THESE TERMS IF YOU DO NOT HAVE THE CAPACITY TO ENTER INTO THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SERVICES. IF YOU ARE ACCESSING OR USING THE SERVICES ON BEHALF OF AN ENTITY, IF APPLICABLE, YOU ARE AN AUTHORIZED REPRESENTATIVE OF SUCH ENTITY WITH AUTHORITY TO BIND IT TO THESE TERMS.
LUCIDACLUB’S SERVICES ARE FOR CONSUMERS AND CANNABIS BUSINESSES WITH VALID AND GOODSTANDING STATE LICENSES IN CONNECTICUT, MAINE, MASSACHUSETTS, NEW HAMPSHIRE, NEW YORK, RHODE ISLAND AND VERMONT (such businesses collectively referred to as “Licensed Cannabis Businesses”) (consumers and Licensed Cannabis Businesses collectively referred to as “Authorized Customers”) ONLY. UNLESS YOU ARE AN AUTHORIZED CUSTOMER, YOU MAY NOT USE LUCIDACLUB’S SERVICES. BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED CUSTOMER.
LucidaClub does not sell, offer to sell or solicit sales of cannabis, nor does it make deliveries. LucidaClub’s Services enable you to simply search online for cannabis, cannabis related products and accessories (“Products”) available for sale by Licensed Cannabis Businesses that use LucidaClub’s e‑commerce service (“Retailers”), facilitate pick up or delivery, and, where permitted by applicable state and local laws, electronically pay for such Products through a third-party provider. Our Site may collect information about a user’s experiences and preferences related to the consumption of cannabis or cannabis products. Our Site does not collect, and does not advise, encourage or enable a Licensed Cannabis Business to collect, information which must be kept confidential pursuant to the state or local laws applicable to such Licensed Cannabis Business. When you search for a Product, the Services show you its availability, price, product description and other information based on your location and information provided by the Retailers that service your location. If you prefer, you may sort and filter results based on search criteria. LucidaClub’s full suite of Services may be limited or not available at all in some places due to applicable state or local law or other restrictions.
LucidaClub attempts to ensure that Product descriptions or images for Products available through its Services are as accurate as possible. However, as LucidaClub does not itself package, test, label or price the Products available for in-store pick up or delivery, as permitted by applicable state or local law, through its Services nor does LucidaClub prepare Product description or images, LucidaClub does not warrant that Product descriptions, images or other content is reliable, accurate, complete or free of errors. You expressly acknowledge, agree and understand that any statements relating to any Products available on the Services have not been evaluated by the Federal Food and Drug Administration (“FDA”). Neither the Products nor the ingredients in any of the Products have been approved or endorsed by the FDA or LucidaClub. LucidaClub expressly disclaims any statements that suggest the Products are intended to diagnose, treat, cure, mitigate or prevent any medical condition, illness or disease in humans or animals. The information provided on the Services is designed for educational purposes only and is not intended to be a substitute for informed medical advice or care. If you are pregnant, nursing, taking medication or have a medical condition, we suggest consulting with a physician before using any Products.
You expressly acknowledge and agree that LucidaClub (i) is a technology company providing facilitation services; (ii) is not a licensed retail seller of Products or any other type of licensed cannabis business; (iii) does not itself provide delivery services to consumers; (iv) does not employ or contract drivers who provide delivery services; and (v) does not otherwise cultivate, manufacture, package, label, test or sell cannabis. It is the sole responsibility of the Retailer to offer its services to you in a legal and compliant manner, which are facilitated through its use of the Services. LucidaClub has no responsibility or liability for any Products or delivery services provided to you by Retailers or their drivers.
Cannabis is a Schedule I controlled substance under the Controlled Substances Act, and, therefore, the possession, cultivation and distribution thereof, or conspiring with or assisting others to do the same, is federally illegal and can result in significant criminal and civil penalties. You further acknowledge that medical use is not recognized as a valid defense under federal laws regulating to cannabis and that the interstate transportation of cannabis is a federal offense. ENGAGING IN ACTIVITIES, BUSINESS, POSSESSION OR CONSUMPTION RELATED TO CANNABIS IS AT YOUR OWN RISK.
As state above, in creating a User Account, you will be asked to provide a username and password. You are solely responsible for maintaining the confidentiality of your password. You may not use the User Account, username, or password of someone else at any time. You are also solely responsible for any and all activities that occur under your registration or your User Information. You agree to notify us immediately of any unauthorized use of your User Account, username, or password.
You agree that you will not create more than one User Account. By registering and obtaining a User Account you affirm you will follow the Terms and your registration constitutes your consent to enter into agreements with us electronically.
You agree to use your legal name and actual date of birth on your account and on all orders you create, or your order may be declined and you may be charged restocking fees. You are responsible for the use of your account, so do not let anyone else use it. Keep your login credentials confidential. If you suspect unauthorized activity, immediately notify LucidaClub in writing at [email protected]lucidaclub.com.
If you wish to deactivate your account for any reason, send a request to LucidaClub at [email protected]lucidclub.com. If LucidaClub wishes to deactivate your account for any reason, it may do so in its sole discretion without notice to you and for any or no reason. LucidaClub may, but is not obligated to, reactivate an account upon written request to its membership team at [email protected]lucidaclub.com.
We shall not be liable for any loss that you incur as a result of someone else using your User Account, username, password or Identification either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your User Account, username, password or Identification.
License and Access
LucidaClub grants you a limited, personal, nonexclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. You may use the Services only as permitted by these Terms and applicable state and local laws. All rights not expressly granted in these Terms are reserved and you acknowledge that all intellectual property rights in the Services are owned by LucidaClub. You may not resell or otherwise make commercial use of the Services or its contents; collect and use any Product listings, descriptions or prices; make any derivative use of the Services or its contents; download, copy or otherwise use account information for the benefit of any third party; use data mining, robots or similar data gathering and extraction tools; or otherwise misuse the Services. Any trademarks, logos, service marks, company or product names displayed through the Services are trademarks of LucidaClub or third parties, and no right or license is granted to use them. This license will terminate if you do not comply with these Terms.
Prices, Taxes and Fees
Your order, including delivery fees, may also be subject to tax. The amount of the tax depends on things like the legal obligations of the Retailer.
When you use the Service, you may incur separate and additional charges by your wireless and internet provider(s).
Changes to Orders
If you wish to change your order for any reason after it has been placed, you may contact LucidaClub’s membership team at [email protected]lucidaclub.com, but LucidaClub cannot guarantee that your changes will be accepted by the Retailer. If they are accepted, you will be responsible for any difference in charges and fees resulting from the change(s).
ID Verification; Other Safety Checks
It is the responsibility of the Retailer and any delivery provider they use to verify Identification and to determine whether it is otherwise safe and appropriate to furnish you with the Products you ordered. The Retailer may require a valid form of photo identification with birthdate, Identification issued by the applicable governmental agency and a signed acknowledgment confirming acceptance at the time of pick-up or delivery. If the Retailer cannot verify your age or identity, if you appear intoxicated or if the situation is otherwise unsafe or inappropriate, they may refuse to furnish you with the Products you ordered.
Cannabis products cannot be left unattended— you as the person who placed the order must be present and must be the one to accept and sign for it. Subsequent delivery attempts are at the discretion of the Retailer and are subject to redelivery fees.
If LucidaClub believes that your order is fraudulent or unlawful, it may alert the Retailer and suspend your use of the Services.
Retailer Right to Refuse, Cancel and Adjust Orders
A Retailer may refuse, cancel or adjust your order for any reason. If a Product you want is not available, the Retailer will notify you and offer a reasonable substitute. If you accept the substitution, the order total will be adjusted accordingly.
Where delivery is permitted, Retailers can only deliver to the Authorized Customer’s primary residence and are prohibited from delivering Products to dormitories, other on-campus college or university housing, federally subsidized housing, shelters or residential programs.
Retailers may also limit the number or type of Product(s) they accept in an order. If this happens, the Retailer will notify you and adjust your order. The order total will be adjusted accordingly.
Sometimes Product information — such as images, descriptions, availability, pricing and reviews — contains errors. If a Retailer identifies such an error, they will notify you and offer a reasonable substitute. If you accept the substitute, the order total will be adjusted accordingly.
If you receive a Product that is not as described (or that you did not order), your sole remedy is to notify the Retailer and the Retailer will in its sole discretion either allow you to return the unused Product (within the time period specified by the Retailer) for a refund or provide you with a reasonable substitute. If you accept the substitution, the order total will be adjusted accordingly. (See Section 9 for more information.)
Returns, Refunds and Exchanges
Retailers and the laws and regulations in your state determine whether a return, refund or exchange is available to you. For example, you may be able to return a tainted or damaged Product for a refund or credit or exchange it for something else. In accordance with state regulations, Authorized Customers must return unused, excess, or contaminated Product to the Retailer from which they purchased the product, for disposal. Decisions to provide a refund or exchange are made in the applicable Retailer’s sole discretion.
Privacy and Communications
Promotional and Referral Codes
Your eligibility to use promotional or referral codes (or credits) depends on the laws and regulations in your state. The codes are non-transferable, and may be used only with the Service. Codes cannot be redeemed for cash, and expire in one year unless otherwise specified. LucidaClub, in its sole discretion, decides whether to accept codes created by any third party.
If you attempt to evade restrictions on code redemption, LucidaClub may decline to redeem your code.
LucidaClub Ownership of the Service
LucidaClub and its licensors own the Services and its contents, including patent, copyright, trade secret, trademark, show-how, know-how and any other US or international intellectual property rights therein.
Content You Provide
You may post reviews, comments, photos, videos and other content; send other communications; and submit suggestions, ideas, comments, questions or other information, if the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights) or otherwise injurious or objectionable to LucidaClub or others, and does not contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e‑mail address, impersonate any person or entity or otherwise mislead as to the origin of a gift or other content. LucidaClub does not regularly review posted content, but it does reserve the right to remove or edit such content. LucidaClub may use this content for any purpose, without restrictions, and without notice or compensation, and you acknowledge that any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you relating to the Services are non-confidential and shall become the sole property of LucidaClub and LucidaClub may sublicense, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display such content throughout the world in any media. You also grant LucidaClub the right to use the name you submit in connection with such content.
Third Party Materials
LucidaClub does not examine, warrant or endorse any third party sites, apps, and content (including data, information, images, descriptions, articles, advertisements, or other products, services and/or materials) to which the Services link, display, include or make available collectively, (“Third-Party Materials”) and is not liable for your use of them.
You acknowledge and agree that LucidaClub is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. LucidaClub does not assume and will not have any liability or responsibility to you or any other person or user for any Third-Party Materials. Third-Party Materials may be subject to their own terms and conditions of use and privacy policies and your use of Third-Party Materials will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that LucidaClub does not endorse and is not responsible or liable for the behavior, features or content of any Third-Party Materials. Third-Party Materials are provided solely as a convenience to you, and you use them entirely at your own risk. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Material.
You hereby release and forever discharge LucidaClub (and its officers, employees, agents, successors and assigns) from, and hereby waive and relinquish your rights with respect to, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other users or Third-Party Materials.
In addition to other prohibitions as set forth in the Terms, and excepting federal laws that relate to cannabis, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; © to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site and Services or any related website for violating any of the prohibited uses.
You agree to indemnify and hold LucidaClub (and its subsidiaries, affiliates, officers, employees and agents) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and/or expenses (including reasonable attorneys’ fees) arising from or relating to any claim or demand made by any third party due to or arising out of (i) your use or misuse of the Service, (ii) any content you provide, (iii) your violation of these Terms or (iv) your violation of applicable laws or regulations. LucidaClub reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify LucidaClub and you agree to cooperate with its defense of these claims. You agree not to settle any matter without LucidaClub’s prior written consent. LucidaClub will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Disclaimer of Warranties
USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES AND EVERYTHING RELATED TO IT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LUCIDACLUB MAKES NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND, SUCH AS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY LUCIDACLUB OR ITS AUTHORIZED AGENT OR REPRESENTATIVE WILL BE DEEMED TO CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LUCIDACLUB MAKES NO REPRESENTATION OR WARRANTY AS TO WHETHER IT IS LEGAL FOR YOU TO USE OUR SERVICE.
Limitation of Liability
LUCIDACLUB IS NOT LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF USE, DATA OR PROFITS OR ANY OTHER DAMAGES OR LOSSES OF ANY KIND. LUCIDACLUB IS NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, ILLEGAL OR OTHER CONDUCT OF ANY LICENSED CANNABIS BUSINESS, RETAILER, TRANSPORTATION PROVIDER, ADVERTISER OR OTHER USER OF THE SERVICE. NEITHER LUCIDACLUB NOR ANY RETAILER IS LIABLE FOR ANY DAMAGES CAUSED BY WEATHER CONDITIONS AND OTHER “ACTS OF GOD,” SUCH AS UNFORESEEABLE DELAYS OR ACCIDENTS, PUBLIC UNREST, CONFISCATION AND NATURAL DISASTERS.
If an arbitrator or a court finds LucidaClub liable for damages notwithstanding the foregoing, LucidaClub’s total liability for all damages shall not exceed the amount paid by you to LucidaClub for your use of the Service.
LucidaClub may update these Terms at any time. Updates are effective as of the “Last updated” date at the end of these Terms. Your use of the Services after an update is your acceptance of the updated Terms. If any part of the Terms is found invalid, void or unenforceable, that part shall be severed and not affect any remaining term or condition.
Confidential Dispute Resolution
ANY DISPUTE OR CLAIM RELATING TO THE SERVICES OR THESE TERMS MUST BE RESOLVED WITH BINDING CONFIDENTIAL ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT. CLAIMS MUST BE BROUGHT WITHIN ONE YEAR OF THE EVENTS GIVING RISE TO THEM, AND ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. YOU AND LUCIDACLUB WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. YOU AND LUCIDACLUB ARE INSTEAD ELECTING TO HAVE CLAIMS AND DISPUTES RESOLVED BY CONFIDENTIAL ARBITRATION. THERE IS NO JUDGE OR JURY IN ARBITRATION. AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD. COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
To begin the confidential dispute resolution process, notify LucidaClub of your claim by sending an email to [email protected]lucidaclub.com or U.S. Postal Service certified mail to 35 Salem Stree, Swampscott, MA 01907. You must include: (i) a description of your claim or dispute; (ii) the specific relief you want; and (iii) your name, address and contact information. If the claim is not resolved within 30 days of your notice, you or LucidaClub may begin formal confidential arbitration. If LucidaClub intends to begin confidential arbitration, it will notify you in writing using the contact information you provide.
The American Arbitration Association (“AAA”) will conduct the confidential arbitration proceedings pursuant to its Commercial Arbitration Rules, Consumer Due Process Protocol, Supplementary Procedures for Resolution of Consumer Related Disputes and these Terms. The AAA’s rules are available at https://www.adr.org/ or by calling 1−800−778−7879. All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration clause, but these Terms bind the arbitrator. The AAA’s rules govern filing, administrative and arbitrator fees. You may choose to have the arbitration conducted by telephone, in writing or in person in the state in which the dispute or claim originated.
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the state laws of the state of Massachusetts, exclusive of conflict or choice of law rules. The state courts located in the applicable state shall have jurisdiction over all claims or disputes that are not subject to arbitration. Solicitations, offers, advertisements and communications are void where prohibited.
You must comply with any local or state laws applicable to your use of the Services, such as rules and regulations regarding the sale, service, transportation, import, shipment or delivery of cannabis products.
You expressly acknowledge that you are familiar and assume full responsibility for cooperating with all laws regarding the use, possession and consumption of cannabis. You are responsible for ensuring that your use of this service is compliant with all applicable laws and regulations, as well as any and all privacy policies, agreements or other obligations you may maintain or enter into with applicable third parties. User acknowledges that cannabis is included on Schedule I under the United States Controlled Substances Act. Under the federal laws of the United States of America, use, possession and consumption of cannabis is illegal, and individuals are subject to arrest and/or prosecution by applicable federal enforcement agencies. You also acknowledge that the interstate transportation of cannabis is a federal offense.
Communications Decency Act
Parental control protections (such as computer hardware, software, or filtering services) may help you limit access to material on the Internet that may be harmful to minors. Such tools are available for purchase online. We have not tested or evaluated these tools and cannot attest to their quality.
The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms operate to the fullest extent permissible by law. These Terms and your User Account may not be assigned by you without our express written consent. LucidaClub may assign any or all of its rights and obligations to others at any time. LucidaClub shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond LucidaClub’s reasonable control. There is no joint venture, partnership, employment or agency relationship created between you and LucidaClub as a result of these Terms or use of the Site and Services. Upon LucidaClub’s request, you will furnish LucidaClub any documentation, substantiation or releases necessary to verify your compliance with these Terms. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
Address: 35 Salem Street, Swampscott, MA 01907
Phone: +1 (617) 360 7558
Email: [email protected]lucidaclub.com