Terms of Use - MA

DB Delivery MA, LLC d/b/a “Doobie” Terms of Use Policy

Effective as of June 22, 2022

IMPORTANT, READ CAREFULLY:  YOUR USE OF AND ACCESS TO THE WEBSITE AND PRODUCTS AND SERVICES AND ASSOCIATED SOFTWARE, (COLLECTIVELY, THE “SERVICES”) OF DB DELIVERY MA, LLC d/b/a “DOOBIE” AND ITS AFFILIATES (COLLECTIVELY, “DOOBIE”) IS CONDITIONED UPON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS. 

PLEASE REVIEW THOROUGHLY BEFORE ACCEPTING.

BY CLICKING/CHECKING THE “I AGREE” BUTTON/BOX, ACCESSING THE DOOBIE WEBSITE, OR BY UTILIZING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL EXHIBITS, ORDER FORMS, AND INCORPORATED POLICIES (THE “AGREEMENT” OR “TOS”).  THE SERVICES ARE NOT AVAILABLE TO PERSONS WHO ARE NOT LEGALLY ELIGIBLE TO BE BOUND BY THESE TERMS OF SERVICE.

Doobie will provide the Services, and you may access and use the Services according to this Agreement.  Doobie may give the Services through its Affiliates or by using a separate online registration page or order form (“Order Form”).  In that case, the Order Form may contain additional terms and conditions regarding the Services. 

Unless otherwise expressly outlined in any such additional terms and conditions applicable to the specific Services you choose to use, those other terms are now incorporated into this Agreement concerning your use of that Service.

System Requirements.  Use of the Services may require one or more compatible devices, Internet access (fees may apply), and specific software (fees may apply), and may require obtaining updates or upgrades from time to time.  Because use of the Services involves hardware, software, and Internet access, your ability to access and use the Services may be affected by the performance of these factors.  High-speed Internet access is recommended.  You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.

1. DEFINITIONS.

The following definitions will apply in this Agreement, and any reference to the singular includes a reference to the plural and vice versa:
“Affiliate” means, concerning a Party, any entity that directly or indirectly controls, is controlled by or is under common control with that Party. For purposes of this Agreement, “control” means an economic or voting interest of at least fifty percent (50%) or, in the absence of such financial or voting interest, the power to direct or cause the direction of the management and set the policies of such entity.
“Customer” means a customer or potential customer who uses the Services.

2. SERVICES

Doobie will provide the Services described on the Website as reflected on a particular Order Form.  In its sole discretion, Doobie may discontinue the Services or modify the features of the Services from time to time without prior notice.

3. USE OF SERVICES AND YOUR RESPONSIBILITIES

You may only use the Services under the terms of this Agreement. You are solely responsible for your use of the Services. You shall abide by and ensure compliance with all laws in connection with your use of the Services. Use of the Services is void where prohibited.
A. Registration Information. You may be required to provide information about yourself to register for and use the Services. You agree that any such information shall be accurate. You may also be asked to choose a username and password. You are entirely responsible for maintaining your username and password security and agree not to disclose such to any third party.
B. Prohibited Use. You agree that you will not use, and will not permit any other person to use, the Services to: (i) modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of the Services; (ii) knowingly or negligently use the Services in a way that abuses, interferes with, or disrupts Doobie’s networks, your accounts, or the Services; (iii) engage in activity that is illegal, fraudulent, false, or misleading, (iv) transmit through the Services any material that may infringe the intellectual property or other rights of third parties; (v) build or benchmark a competitive product or service, or copy any features, functions or graphics of the Services; or (vi) use the Services to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; (vii) upload or transmit any software, Content or code that does or is intended to harm, disable, destroy or adversely affect performance of the Services in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of Doobie or other users of Services; (viii) engage in any activity or use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Services, or any servers or networks connected to the Services or Doobie’s security systems, (ix) use the Services in violation of any Doobie policy or in a manner that violates applicable law, and you agree that you are solely responsible for compliance with all such laws and regulations.
C. Limitations on Use. You may not reproduce, resell, or distribute the Services or any reports or data generated by the Services for any purpose unless you have been expressly permitted to do so under a separate agreement with Doobie. You may not offer or enable any third parties to display on any website or otherwise publish the Services or otherwise generate income from the Services or use the Services for the development, production or marketing of a service or product substantially similar to the Services.

4. RESPONSIBILITY FOR END USERS

You are responsible for the activities of all third party end users who access or use the Services through your account, and you agree to ensure that any such end user will comply with the terms of this Agreement and any Doobie policies.  Doobie assumes no responsibility or liability for violations.  If you become aware of any breach of this Agreement in connection with the use of the Services by any person, please get in touch with Doobie at [add address].  Doobie may investigate any complaints and violations that come to its attention and may take any (or no) action that it believes is appropriate, including, but not limited to, issuing warnings, removing the content, or terminating accounts and User profiles.  Under no circumstances will Doobie be liable in any way for any data or other content viewed while using the Services, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred because of the use of, access to, or denial of access to any data or content.

5. ELIGIBILITY

You affirm that you are at least 21 years of age and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties outlined in this Agreement and abide by and comply with this Agreement.  Your access may be terminated without warning if we believe that you are under 21 or are otherwise ineligible.

6. INTENDED USE, RESTRICTION ON USE BY CHILDREN AND YOUNG ADULTS.

The Services are designed for personal use by the customer. You may use the Services for other purposes, subject to the terms and limitations. The Services are not intended for use by children or young adults under the age of 21.

7. CHARGES AND CANCELLATIONS

To the extent payment is required for the Services, you agree that Doobie or its third party payment processor may charge to your debit card or other payment mechanism selected by you and approved by Doobie or its third party payment processor (“Your Account”) all amounts due and owing for the Services, including taxes and service fees, or any other fee or charge associated with Your Account.  Unless stated otherwise, all prices and costs shown by Doobie are exclusive of taxes and any other fee or charge associated with Your Account.  Where applicable, taxes will be charged on the invoices issued by Doobie by local laws and regulations.  The taxes and other fees charged can be changed without notice. 

8. PAYMENTS

All payments made by you to us under this Agreement will be made free and clear of any deduction or withholding, as may be required by law.  Doobie may change prices at any time, including changing from a free service to a paid service and charging for Services that were previously offered free of charge; provided, however, that Doobie will provide you with prior notice and an opportunity to terminate any such order formerly offered free of charge. 

9. PROPRIETARY RIGHTS

Doobie and its suppliers, as applicable, retain ownership of all proprietary rights in the Services and all trade names, trademarks, service marks, logos, and domain names associated or displayed with the Services.  Without express written consent, you may not frame or utilize framing techniques to enclose any Doobie marks or other proprietary information (including images, text, page layout, or form) of Doobie.  Without Doobie’s express written permission, you may not use any meta tags or any other “hidden text” utilizing Doobie marks.

10. COPYRIGHT

You may not post, modify, distribute, or reproduce copyrighted material, trademarks, rights of publicity, or other proprietary rights without obtaining the prior written consent of the owner of such proprietary rights.  Doobie may deny access to the Services to any customer or other user alleged to infringe another party’s copyright. 

11. NO WARRANTIES

YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS.”  DOOBIE, ITS AFFILIATES, AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.  Our obligations with respect to our Services are governed solely by the agreements under which they are provided and nothing on this Website should be construed to alter such agreements. We further do not warrant the accuracy and completeness of the materials on this Website. We may make changes to the materials on this Website, or to the products and prices described in them, at any time without notice. The materials on this Website may be out of date, and we make no commitment to update the materials and services at this Website. Information published at this Website may refer to products, programs or services that are not available in your country. Consult your local business contact for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.

12. LIMITATION OF LIABILITY

IN NO EVENT WILL WE, OUR SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED ON THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

13. PRIVACY AND OTHER POLICIES

Use of the Services is also subject to Doobie’s Privacy Policy, a link to which can be found here Privacy Policy.  The Privacy Policy and all policies noticed at the Doobie website are incorporated into this Agreement by this reference.  Additionally, you understand and agree that Doobie may contact you via e-mail or otherwise with information relevant to your use of the Services, regardless of whether you have opted out of receiving marketing communications or notices.

14. MISCELLANEOUS

A. Choice of Law and Forum. This Agreement shall be governed by and construed under the laws of the Commonwealth of Massachusetts. The Parties consent to the exclusive jurisdiction and venue of the state courts located in and serving Suffolk Country or Plymouth County, and the federal courts in the Eastern District of Massachusetts.
B. Waiver and Severability. Failure by either Party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. Suppose any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original condition, and the remainder of this Agreement will remain in full force and effect.
C. General Provisions. This Agreement embodies the entire understanding and agreement between the Parties respecting the subject matter of this Agreement and supersedes any prior understandings and agreements between the parties respecting such subject matter. Doobie may elect to change or supplement the terms of this Agreement from time to time at its sole discretion. If you disagree with the changes, you should discontinue using the Services. If you continue using the Services, you will be deemed to have accepted the changes to the terms of this Agreement.

15. ABOUT US

If you have any questions, comments or concerns about our Terms of Use, you may contact us by email at hello@trydoobie.com or by phone or mail to:
DB Delivery MA, LLC d/b/a Doobie
6 Liberty Square #2288, ‪Boston, MA 02109‬
888-313-0602

ARE YOU FAMILIAR WITH ADULT-USE CANNABIS REGULATIONS IN MA?
Please Consume Responsibly. Products provided as part of the Services have not been analyzed or approved by the Food and Drug Administration (FDA). There is limited information on the side effects of using this product, and there may be associated health risks. Marijuana use during pregnancy and breast-feeding may pose potential harms. It is against the law to drive or operate machinery when under the influence of this product. KEEP THIS PRODUCT AWAY FROM CHILDREN. There may be health risks associated with consumption of this product. Marijuana can impair concentration, coordination, and judgment. The impairment effects of Edible Marijuana Products may be delayed by two hours or more. In case of accidental ingestion, contact poison control hotline 1-800-222-1222 or 9-1-1. This product may be illegal outside of MA.

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