Terms and Conditions

IMPORTANT

PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE BEFORE ACCESSING OR USING MEDICAL CARD NEW YORK, INC’s (“MEDCARDNEWYORK” OR THE “COMPANY”) SITES OR SERVICES. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.

BY USING MEDCARDNEWYORK’s SITES OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE (“TERMS”). TOGETHER WITH OUR PRIVACY POLICY AND ANY ADDITIONAL TERMS OR CONDITIONS THAT ARE SPECIFIC TO A PARTICULAR PRODUCT OR SERVICE, FORM A LEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU AND MEDCARDNEWYORK THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE WWW. MEDCARDNEWYORK.COM (“WEBSITE”), THE PRODUCTS AND SERVICES PROVIDED BY MEDCARDNEWYORK, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE, BY VISITING THIS WEBSITE and PURCHASING SOMETHING FROM MEDCARDNEWYORK.

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES. UNLESS SPECIFIED BELOW IN SECTION 14 OR IF YOU OPT OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 14 BELOW, WHICH ALSO DESCRIBES YOUR RIGHT TO OPT OUT.

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 BY POSTING UPDATES AND CHANGES TO OUR WEBSITE. IT IS YOUR RESPONSIBILITY TO CHECK THIS PAGE PERIODICALLY FOR CHANGES.

YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.

INTRODUCTION TO MEDCARDNEWYORK

MEDCARDNEWYORK is not a medical marijuana collective or cooperative. We offer to receive information from medical cannabis patients, perform patient pre-verification checks in compliance with all applicable laws and regulations, and provide a virtual environment, such as a website and mobile app, through which patients and lawfully operated collectives, cooperatives, and general businesses may establish a relationship for the provision of medical cannabis. It is the sole responsibility of the third-party doctors or collective, cooperative, or delivery service to comply with applicable state laws and regulations. While we make reasonable efforts, such as by reviewing state licenses, to ensure that any third-party providers with whom we affiliate operate in compliance with applicable regulations, we make no representations, promises, or warranties concerning the legality, suitability, or otherwise regarding such third-party providers and have no responsibility or liability about services provided to you by such third parties.

I. ELIGIBILITY

To qualify to use MEDCARDNEWYORK’s Services, you must:

Be 18 years of age or older;

Be located in NEW YORK STATE, where medical cannabis is legal;

Agree to be legally bound by and comply with this Agreement.

You understand and agree that satisfying the above requirements does not guarantee receiving Services through MEDCARDNEWYORK. In addition to the above requirements, MEDCARDNEWYORK reserves the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you. By using MEDCARDNEWYORK’s Service, you expressly represent and warrant that you are at least 18 years old, can enter into this agreement, are located in NEW YORK STATE where medical cannabis is legal, agree to the terms of this Agreement, and will comply with this agreement in all respects.

II. REQUIREMENTS FOR USE

You may only access MEDCARDNEWYORK’s Services using authorized means. You must have compatible computing and mobile devices, Internet access, and specific software to use the Website or mobile applications. Fees may apply to your use of the mobile services and the Internet. MEDCARDNEWYORK reserves the right to terminate this Agreement should you use the Service with an incompatible or unauthorized device.

III. PRIVACY POLICY

MEDCARDNEWYORK understands the importance of confidentiality and privacy regarding your information. We are required by law to maintain the privacy of our patient's protected health information and to provide patients with notice of our legal duties and privacy practices regarding protected health information. We will not use or disclose your protected health information for any purpose other than certification unless you have signed a form authorizing such use or disclosure. You have the right to revoke such authorization in writing, which is effective once we receive the writing; however, such revocation shall not be practical to the extent that we have taken any action relying on the authorization.

IV. YOUR RELATIONSHIP WITH MEDCARDNEWYORK

MEDCARDNEWYORK delivers a technology platform to access an independent licensed healthcare provider to give a New York State medical marijuana consultation. The decision to focus on diagnosis, treatment recommendations, or both rests with you and the health care provider. You understand that by coordinating and, in some instances, consulting with a licensed healthcare provider you are not entering into a provider-patient relationship with MEDCARDNEWYORK. You agree that you will maintain your routine health maintenance visits with primary care and specialty care providers while having a medical marijuana certification.

MEDCARDNEWORK is not responsible for fraud, falsification, or misrepresentation caused by people falsely claiming to work with MEDCARDNEWORK. If you do contact such person(s), you must contact us to verify that they are an official representative of MEDCARDNEWYORK.

By accepting the Terms, you consent to MEDCARDNEWYORK or licensed healthcare providers sending you disclosures, notices, messages, reports, and other communications. It is your responsibility to monitor these communications. You acknowledge and agree that you will not hold us or any MEDCARDNEWYORK liable for any loss, injury, or claim resulting from your failure to read these communications or to comply with any treatment recommendations contained in these communications.

V. CONSULTATIVE SERVICE

Sometimes, a licensed healthcare provider may use the Services to advise or treat you. A licensed healthcare provider consulting with you through the Services may not benefit from information obtained by examining you in person and observing your physical condition in each instance. Therefore, the health care provider may need to be aware of facts or information affecting their opinion regarding a potential diagnosis or treatment recommendation. MEDCARDNEWYORK strongly encourages you to provide all relevant information and discuss any diagnosis and treatment options with a healthcare provider to reduce the risk of this limitation. By engaging the Services, you acknowledge and agree that you are aware of these limitations and agree to assume the risk. Furthermore, you agree and accept that: (i) any diagnosis you may receive is limited and, in some cases, provisional; (ii) the health care services are not intended, in all cases, to replace a complete medical evaluation or an in-person visit with a health care provider; (iii) a health care provider acting through the Services may not have important information that is usually obtained through a “hands-on” physical examination; and (iv) the absence of a physical examination may affect the health care provider’s ability to diagnose any potential condition, disease or injury.

VI. PERSONALIZED COUNSELING

In some cases, a qualified cannabis consultant may provide you with general information about the cannabis plant. By electing to have a personalized consultation, you understand and agree that the information provided by the cannabis consultant is for informational purposes only. You further understand and agree that the cannabis consultant provides education to prepare you for your visit to the medical cannabis dispensary. Medical marijuana dispensaries feature pharmacists who can make personalized recommendations inside the dispensary.

VII. COMPLIANCE WITH ALL APPLICABLE MEDICAL CANNABIS LAWS

By signing up for MEDCARDNEWYORK and using any of MEDCARDNEWYORK’s Services, you acknowledge that MEDCARDNEWYORK is solely for qualified patients residing in New York State. You further represent that you are such a patient or, where permissible, the primary caregiver for such a patient. You expressly acknowledge that you are familiar with and assume full responsibility for cooperating with all laws regarding the use, possession, cultivation, transportation, and distribution of medical cannabis. You further acknowledge that any of these activities may be illegal under state law unless all participants are acting entirely within the scope of New York State’s medical marijuana laws. You further acknowledge that you understand that the use, possession, cultivation, transportation, and distribution of cannabis is illegal under federal law and that individuals are subject to arrest and prosecution by federal officials. You acknowledge and agree that MEDCARDNEWYORK is not obligated to provide legal protections, such as indemnification, concerning any civil, criminal, or administrative proceeding, investigation, litigation, or prosecution. MEDCARDNEWYORK has its principal place of business in New York State. Regardless of the state you visit, you must abide by and follow the laws of the state where you reside.

VIII. MEDCARDNEWYORK’S SERVICES ARE EXCLUSIVELY FOR PERSONAL USE AND IN COMPLIANCE WITH APPLICABLE LAWS

Your use of MEDCARDNEWYORK’s Services is for your sole, personal use. You agree that you may not and shall not authorize others to use your user status, that you may not and shall not assign or otherwise transfer your user account to any other person or entity, and that you may not and shall not share with or distribute to any third party any medical cannabis except to the extent you are the primary caregiver for a qualified patient, where applicable law provides for the same. You further agree that you will at all times act in full compliance with the laws of your state concerning medical (or recreational) use of cannabis collectives and cooperatives and all applicable marijuana laws.

IX. ACCESS RIGHTS AND PROHIBITED USE

Subject to your compliance with these Terms, we at this moment grant to you a personal, limited, revocable, non-exclusive, and nontransferable right to view, download, access, and use the Website and to use the Services solely for your personal and non-commercial use and only as permitted under these Terms, the Consent to Telehealth, and the Privacy Policy. No other right, title, or interest in or to the Sites is transferred to you, and MEDCARDNEWYORK reserves all rights not expressly granted. At our sole discretion, we reserve the right to deny or suspend anyone's use of the Website or Services for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (b) use the Website or Services to violate any local, state, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Sites; (d) distribute, input, upload, transmit, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or our Sites, or any other system, device, or property; (e) access or use the Sites in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party; (f) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party Website, Application, Services or related materials in any way; (g) use or access the Sites to create or develop competing products or services or for any other purpose that is to MEDCARDNEWYORK’s detriment or commercial disadvantage; (h) take any action or use the Website or Service in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner our Sites or any content, in whole or in part; (i) disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to our Sites or any computer network; (j) bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by MEDCARDNEWYORK or any of our service providers to protect our Website; (k) remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from our Sites or any content made available to you on or through our Website; (l) use any manual process or automated device to monitor or copy any content made available on or through our Website for any unauthorized purpose except as permitted by this section; (m) copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to MEDCARDNEWYORK or third-party content from the Website; (n) otherwise use the Website in any manner that exceeds the scope of use granted above; or (o) encourage or enable any other individual to do any of the foregoing.

X. PAYMENT

You agree to pay all fees due for services requested. You will see a prompt for your payment details, such as your credit card information and any promotional codes you may have. By entering your payment information and submitting your request, you authorize us or our third-party payment processors to charge the amount due.

Your payments to MEDCARDNEWYORK may include fees charged by the provider(s) for healthcare consulting services, which MEDCARDNEWYORK collects on their behalf. Any healthcare services not made available through MEDCARDNEWYORK’s Service are not included in the payments collected by MEDCARDNEWYORK, and the applicable healthcare providers may separately charge you for such services. Suppose your credit card expires or MEDCARDNEWYORK or third-party payment processors cannot process your payment. In that case, you may receive notice that you need to provide an alternative payment method. MEDCARDNEWYORK and the provider(s) are not obligated to provide health care services unless and until full payment has been received and verified.

XI. SOCIAL MEDIA

This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements viewable on Facebook, Instagram, Reddit, Twitter, YouTube, Google+, LinkedIn, or any of the many different external third-party social media platforms (“Social Media Presence”).

Social media platforms are places of public information exchange; you should not expect privacy when using them. Specifically, neither these Terms nor our Privacy Statement apply to our Social Media Presence. We do not control the sites and platforms that host our Social Media Presence and, therefore, have their privacy policies and terms of use. The comments and opinions expressed by users on social media are theirs alone and do not reflect the views of MEDCARDNEWYORK. Comments that some would consider inappropriate or offensive may appear on our social media presence and remain there until we have identified them or called them to our attention. We can work through the necessary procedures and technical processes to have them removed. Suppose you see an offensive or inappropriate post or comment on our Social Media Presence. In that case, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.

XII. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE PRODUCTS AND SERVICES ARE PROVIDED THROUGH THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEDCARDNEWYORK, ITS AFFILIATED PROFESSIONAL ENTITIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, SHAREHOLDERS, AND REPRESENTATIVES (THE “MEDCARDNEWYORK PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OR STATUTORY, CONCERNING THE WEBSITE AND PRODUCTS AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IF YOU ARE DISSATISFIED, YOUR SOLE REMEDY IS TO DISCONTINUE THE USE OF THE WEBSITE AND PRODUCTS.

WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME; WE MAY REMOVE THE WEBSITE FOR INDEFINITE PERIODS OR CANCEL THE WEBSITE OR ANY PRODUCT AT ANY TIME WITHOUT NOTICE TO YOU.

XIII. LIMITATION OF LIABILITIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO CASE SHALL MEDCARDNEWYORK, THE MEDCARDNEWYORK PARTIES, THEIR DIRECTORS, OFFICERS, EMPLOYEES, OR SERVICE PROVIDERS, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH OR ANY SIMILAR INJURY OR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OR ATTEMPTED USE OF ANY PART OF THE WEBSITE OR ANY PRODUCTS OR SERVICES PROCURED ON OR THROUGH THE WEBSITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT OR SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE OR ANY CONTENT (OR PRODUCT OR SERVICE) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, EVEN IF ADVISED OF THEIR POSSIBILITY.

IF, NOTWITHSTANDING THE LIMITATION OF LIABILITY SET FORTH ABOVE, MEDCARDNEWYORK IS FOUND LIABLE UNDER ANY THEORY, MEDCARDNEWYORK’S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO THE TOTAL AMOUNT OF MONEY YOU PAID TO MEDCARDNEWYORK IN THE ONE (1) YEAR PERIOD IMMEDIATELY PRECEDING THE INCIDENT ON WHICH YOUR ALLEGED CLAIM IS BASED. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER MEDCARDNEWYORK WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY.

XIV. INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless MEDCARDNEWYORK, its affiliates (including without limitation all affiliated professional entities), subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any claims, actions, losses, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third party.

XV. FEE AND REFUND POLICY

Any fees the Company may charge you for the Application or Service are due immediately and are non-refundable. The Company does not have to refund you for any charges or fees you have paid, no matter what the scenario. The Company reserves the right to refund you if deemed necessary. This no-refund policy shall always apply regardless of your decision to terminate your usage, our decision to terminate your usage, or disruption caused to our Application or Service, planned, accidental, intentional, or any reason whatsoever. The Company reserves the right to determine final prevailing pricing. Please note the pricing information published on the website may not reflect the prevailing pricing.

The Company, at its sole discretion, may offer promotional offers with different features and rates to any of our customers. Unless made to you, these promotional offers shall have no bearing on your offer or contract. The Company may change the fees for our Service or Application as we deem necessary for our business. Please check our website periodically to learn more about how we charge for the Service or Application.

XVI. ASSIGNMENT

You may not assign any of your rights under these Terms of Use, and any such attempt will be null and void. MEDCARDNEWYORK and its affiliates may, in their discretion, transfer, without further consent or notification, all contractual rights and obligations under these Terms of Use if some or all of the business of MEDCARDNEWYORK is transferred to another entity by way of merger, sale of its assets or otherwise.

XVII. NON-WAIVER

No waiver by MEDCARDNEWYORK of any term or condition outlined in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by MEDCARDNEWYORK to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

XVIII. NO AGENCY RELATIONSHIP

Neither these Terms of Use nor any Content, materials, or features of the Services create any partnership, joint venture, employment, or other agency relationship between you and MEDCARDNEWYORK. You may not enter into any contract on MEDCARDNEWYORK’s behalf or bind the Company in any way.

XIX. SEVERABILITY

Suppose any provision of these Terms is deemed unlawful, void, or unenforceable. In that case, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

XX. TERMINATION

The Terms of Use and any policy incorporated herein will remain in full force and effect as long as you continue to access or use MEDCARDNEWYORK’s Website or Services. You may terminate the Terms of Use anytime by discontinuing using the Sites. Your permission to use the Sites automatically terminates if you violate these Terms of Use.

MEDCARDNEWYORK may terminate or suspend any of the rights granted by these Terms of Use and your access to and use of the Website or Services with or without prior notice, for any reason, and at any time. The following provisions survive the expiration or termination of these Terms of Use for any reason: Disclaimer of Warranties; Limitation of Liability; Indemnification; Dispute Resolution Provisions, Non-Waver; Assignment; Severability, and Entire Agreement.

XXI. ENTIRE AGREEMENT

These Terms, the Agreement, and any policies or operating rules posted by us on the Website or concerning the Website constitute the entire agreement and understanding between you and MEDCARDNEWYORK and supersede and replace any prior or contemporaneous agreements. Any ambiguities in interpreting these Terms or attendant policies shall not be construed against the drafting party.

Effective Date of these Terms is 1/2/24