Last Updated: August 7, 2026

Welcome to Dutchie!

Courier Plus Inc. (“Dutchie,” “we,” “us,” or “our”) provides its services (described below) to you through its websites, including the website located at www.dutchie.com (collectively, the “Site”), mobile applications made available by cannabis dispensaries (“Dispensaries”) using Dutchie's platform, Dispensary-powered eCommerce storefronts, self-service kiosks, payment services, and related technologies and services (including through AI-powered features such as conversational shopping guides, voice-based AI assistances, and personalized product recommendation engines) (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than 14 days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST DUTCHIE ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (C) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

In addition, when using certain Services, you may be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at https://dutchie.com/privacy. All such terms are hereby incorporated by reference into these Terms of Service.

Key Points

Dutchie is not a Dispensary. We are a technology platform that enables Dispensaries to serve their customers and/or primary caregivers through online reservations, in-store technologies, payment processing, and related Services. We do not offer delivery services, set pricing, or maintain any inventory of cannabis or related products.

Dutchie is a technology provider and does not itself cultivate, manufacture, sell, deliver, or dispense cannabis or cannabis products. Dutchie neither endorses nor is responsible for the accuracy or reliability of any information, content, or quality of goods or services offered by the Dispensaries, and cannot make any representations or warranties with respect to whether the Dispensaries are compliant with applicable rules and regulations. Any transactions you complete through the Services are between you and the applicable Dispensary. All questions regarding Dispensaries' products and/or services featured on the Site and/or the Services should be directed to the appropriate Dispensaries.

The information provided through the Services, including product descriptions, recommendations, availability, pricing, and any content generated by automated or artificial intelligence features, is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, treatment, or prevention of any disease or condition. Dutchie does not recommend or endorse any specific products, Dispensaries, tests, procedures, or opinions that may appear on the Site and/or the Services. If you are a medical cannabis patient, always seek the advice of a qualified medical professional before making decisions based on information available through the Services. Your reliance on any information available through the Site and/or the Services is solely at your own risk.

Disclaimers and Acknowledgements

Dutchie is a Technology Platform: You expressly agree and acknowledge that Dutchie: (a) is a technology service provider; (b) is not a licensed medical or adult-use cannabis retailer, manufacturer, or brand; (c) does not cultivate, manufacture, package, label, test, sell, deliver or dispense medical or adult-use cannabis; and (d) does not provide medical advice or product recommendations on its own behalf. Any product information, recommendations, or other content made available through the Services, including content generated by automated or artificial intelligence features, is derived from information provided by Dispensaries or third parties and has not been independently verified by Dutchie. Each Dispensary is solely responsible for offering its products and services to you in a legal and compliant manner, including with respect to any transactions facilitated through the Services.

Compliance with Federal Law: Cannabis remains a controlled substance under the United States Controlled Substances Act, and the legal status of cannabis varies by jurisdiction. Federal, state, and local laws governing cannabis may conflict. In Canada, cannabis is regulated under the Cannabis Act (S.C. 2018, c. 16) and applicable provincial and territorial laws. You acknowledge that it is your sole responsibility to understand and comply with all applicable federal, state, provincial, and local laws, rules, and regulations governing the purchase, possession, and use of cannabis in your jurisdiction. Dutchie disclaims any and all liability relating to your use of the Services in violation of any applicable laws, rules, and/or regulations.

Compliance with State Law: You expressly acknowledge that the laws surrounding recreational and medical cannabis use vary by state and locality. You expressly acknowledge and assume full responsibility for complying with applicable state and local laws, rules, and regulations where you reside. Dutchie disclaims any and all liability relating to the use of its Services in violation of any state laws, rules and/or regulations.

Health Information: You expressly acknowledge, agree, and understand that any statements relating to cannabis goods, accessories or any other products available on the Site or through the Services have not been evaluated by the FDA. Neither the products nor the ingredients in any of the products have been approved or endorsed by the FDA or any regulatory agency. The products available on the Site or through the Services are not intended to diagnose, treat, cure, mitigate, or prevent any medical condition, illness, or disease. The information provided 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 and products offered or purchased through the Site or Services. Without limiting the foregoing, product recommendations, effect-based suggestions, terpene-based guidance, and other outputs generated by AI-powered features of the Services are for informational and educational purposes only and are not intended to diagnose, treat, cure, mitigate, or prevent any medical condition, illness, or disease. You should not rely on AI-generated product information to make health-related decisions.

AI-Powered Features

Generally: Certain features of the Services use artificial intelligence and machine learning technologies to provide you with product recommendations, answer your questions, and personalize your shopping experience (collectively, “AI Features”). AI Features may include voice-based AI assistants accessible by phone, conversational AI shopping guides on Dispensary menus and kiosks, and personalized product recommendation engines. When you use an AI Feature, you may be interacting with an AI-powered system rather than a human.

Not Medical Advice: Product recommendations, effect-based suggestions, terpene-based guidance, and other responses provided by AI Features are for information and educational purposes only. They do not constitute medical advice, diagnosis, treatment recommendations, or health guidance from Dutchie or any Dispensary. AI Features are not a substitute for the advice of a qualified medical professional. You assume all risk associated with your use of products recommended or described by AI Features.

Accuracy and Limitations: AI Features generate responses using machine learning models that may produce results that are inaccurate, incomplete, outdated, or inappropriate. Dutchie does not guarantee the accuracy, completeness, reliability, or suitability of any AI-generated response. Product availability, pricing, and attributes reflected in AI-generated responses are subject to change. You should confirm product details with the applicable Dispensary before completing a purchase.

Personalized Recommendations: Certain AI Features may provide personalized product recommendations based on your interactions with the Service, including your queries, browsing behavior, purchase history, and stated preferences. These recommendations are generated using automated processing and are not endorsements by Dutchie. Some recommendations may be influenced by a Dispensary’s product selections, featured items, or store-specific configurations.

Data Collection: When you interact with AI Features, Dutchie collects information about your interaction on behalf of that Dispensary, including your queries, inputs, and stated preferences, as well as inferred product, effect, and terpene preferences. This information is used to provide and improve the AI Features and to personalize your experience on behalf of the Dispensary you are interacting with and is handled in accordance with the Dispensary’s privacy policy and our Privacy Policy.

Access and Use of the Service

Eligibility: By using the Services, you represent and warrant that you are at least 21 years old (or at least 18 years old and a qualified medical cannabis patient in your jurisdiction), are legally entitled to enter into these Terms of Service, and have the right, authority, and capacity to abide by these Terms of Service. If you do not meet these eligibility requirements, you are prohibited from using, and must not attempt to use, the Services.

Account Registration and Security: Certain features of the Services may require or allow you to create an account. If you create an account, you agree to provide and maintain true, accurate, current and complete information about yourself. You may create an account using third-party authentication services such as Google or Apple sign-in. If you do, you authorize us to access and use certain information from those services in accordance with our Privacy Policy, and you acknowledge that your use of those services is governed by their respective terms and privacy policies. Registration data and certain other information about you are governed by our Privacy Policy. You are responsible for maintaining the confidentiality of your login credentials and are fully responsible for any and all activities that occur under your account. Dutchie may refuse to grant you a username or other identifier that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is disrespectful, vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You agree to immediately notify Dutchie of any unauthorized use of your account or any other breach of security. Dutchie will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Service: Dutchie reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Dutchie will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

General Practices Regarding Use and Storage: You acknowledge that Dutchie may establish general practices and limits concerning use of the Services, including the types of account data retained and the period of time such data will be stored. Except as required by applicable law or our Privacy Policy, Dutchie has no responsibility or liability for the deletion or failure to store any account data, order history, saved preferences, or other information associated with your use of the Services. You acknowledge that Dutchie reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Dutchie reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Communications: By using the Services, you agree that we may communicate with you regarding Dutchie, the Dispensaries, and your use of the Services by SMS, MMS, text message, push notification, or other electronic means to your mobile device. Standard wireless carrier message and data rates may apply. You may opt out of receiving promotional messages at any time by following the unsubscribe instructions in the message. In the event that you change or deactive your mobile telephone number, you agree to promptly update your Dutchie account information. By using the Services or creating an account, you consent to receive communications from Dutchie electronically, including by email, text message, push notification, or notices posted through the Services. You agree that all agreements, notices, disclosures, and other communications that Dutchie provides to you electronically satisfy any legal requirement that such communications be in writing. To receive electronic communications, you need a device with an internet connection, a current web browser, and a valid email address. You may withdraw your consent to receive electronic communications by contacting us at support@dutchie.com, but doing so may limit your ability to use certain features of the Services.

Conditions of Use

User Conduct: You are solely responsible for your use of the Services and any content or information you submit or transmit through the Services. Dutchie reserves the right to investigate and take appropriate action against anyone who, in Dutchie’s sole discretion, violates this provision, including removing offending content from the Services, suspending or terminating the account of such violators, and reporting you to law enforcement authorities. You agree not to use the Services to:

Fees and Payments: Dutchie does not charge consumers any fees for use of the Services. All payments made through the Services, including payments made via Pay by Bank, are between you and the applicable Dispensary. Product pricing, taxes, and any applicable fees (such as delivery fees) are determined by the Dispensary, not by Dutchie. Dutchie is not responsible for any pricing errors, overcharges, or billing disputes between you and a Dispensary. Any such issues should be directed to the applicable Dispensary.

Pay by Bank: Certain Dispensaries offer Pay by Bank as a payment option through the Services. Pay by Bank allows you to make payments directly from your bank account via electronic fund transfer (EFT). When you enroll in Pay by Bank, you authorize Dutchie, as agent on behalf of the applicable Dispensary, to initiate debit and credit entries to your bank account in accordance with the standing authorization you provide during enrollment. Your use of Pay by Bank is subject to the authorization terms presented during enrollment, which are incorporated into these Terms of Service by reference. Linking your bank account to Pay by Bank is facilitated by Plaid, Inc. and is subject to the Digital Money Management User Terms available at business.dutchie.com/legal/digital-money-management-user-terms-plaid. You are responsible for ensuring that sufficient funds are available in your bank account for each transaction. If a payment is returned unpaid, you may be charged a return fee as described in your authorization. You may revoke your Pay by Bank authorization at any time by contacting Dutchie at achoperations@dutchie.com, though revocation will not affect any transactions already in process. Dutchie is not responsible for any fees your bank may charge in connection with EFT transactions. Pay by Bank transactions are subject to the NACHA Operating Rules and applicable law. In the event of an error or unauthorized transaction, please contact Dutchie at achoperations@dutchie.com promptly. Dutchie will investigate and resolve errors in accordance with applicable law, including Regulation E (12 C.F.R. Part 1005) to the extent applicable.

Special Notice for International Use; Export Controls: The Site and the Services are controlled and operated from its facilities in the United States. Dutchie makes no representations that the Site or the Services are appropriate or available for use in other locations. Those who access or use the Site or the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.

Relationship of the Parties: Nothing in these Terms of Service creates any agency, partnership, joint venture, or employment relationship between Dutchie and any Dispensary, or between Dutchie and you. Dutchie is an independent technology provider and does not act as agent for any Dispensary except as expressly set forth in the Pay by Bank authorization terms. No Dispensary has authority to bind Dutchie, and Dutchie has no authority to bind any Dispensary except as expressly authorized.

Loyalty Programs: Certain Dispensaries may offer loyalty, rewards, or promotional programs through the Services. These programs are operated by the applicable Dispensary, not by Dutchie. Loyalty points, rewards, and program terms (including expiration, transferability, and redemption) are determined solely by the Dispensary. Dutchie provides the technology infrastructure for these programs but is not responsible for the accrual, redemption, expiration, or loss of any loyalty points or rewards. Any questions or disputes regarding a loyalty program should be directed to the applicable Dispensary.

Transactions Between Buyers and Sellers

Dutchie facilitates transactions between you and Dispensaries but is not a party to any transaction you complete through the Services. Dutchie does not control and is not liable or responsible for the quality, safety, lawfulness, or availability of any products or services offered by Dispensaries, or any Dispensary's ability to fulfill an order. You assume all risks associated with any purchase you make through the Services, including risks related to product quality, product descriptions, pricing accuracy, delivery, and compliance with applicable law.

To the extent that you have placed an eCommerce order with a New York-based Dispensary and another individual will be picking up the order on your behalf (or on behalf of the individual for whom the order was placed), you attest that the individual picking up the order on your behalf is 21 years of age or older.

You agree to provide all information and materials as may be reasonably required by Dutchie or a Dispensary in connection with your transactions conducted on, through or as a result of use of the Site or Services. Dutchie has the right to suspend or terminate your account if you fail to provide the required information and materials without liability for any losses or damages arising out of or in connection with such suspension or termination.

In the event that you have a dispute with any party to a transaction, you agree to release and indemnify Dutchie (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such dispute or the transaction.

Product Descriptions

Dutchie displays product information as provided by Dispensaries and attempts to present it accurately. However, Dutchie is not a Dispensary and does not itself package, test, label, or sell the products available on the Site or through the Services. Dutchie does not warrant that product descriptions, images, or other content available on the Site or through the Services is accurate, complete, reliable, current, or error-free. Product information surfaced through AI-powered features of the Services, including product recommendations, terpene profiles, effect descriptions, and similar content, is derived from product catalog data provided by Dispensaries and generated by automated systems. Such information is subject to the same limitations described in this section and may contain inaccuracies or reflect data that is no longer current.

You acknowledge and agree that amounts in product descriptions on the Site and through the Services are averages or estimates, and that amounts may vary for individual items, packages, or orders that you receive. Amounts on the Site include, without limitation, the level (by weight, mass, volume, or percentage) of THC, CBD, other cannabinoids, and terpenes in a product, the total weight, mass, or volume of a product, the size or number of individual items in a product, and any other unit of measurement related to a product.

Third Party Distribution Channels

Dispensaries may offer mobile applications powered by Dutchie's platform through the Apple App Store, Google Play, or other distribution channels (“Distribution Channels”). These applications are published and offered by the applicable Dispensary, not by Dutchie. If you download or use a Dispensary's mobile application, you may be subject to additional terms of both the Dispensary and the Distribution Channel. To the extent that you utilize any other third party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third party products and services.

To the extent you access the Services through a Dispensary's mobile application on an Apple-branded product, you acknowledge and agree that:

You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to your use of any Dispensary mobile application on an Apple-branded product, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third party beneficiary thereof.

Intellectual Property Rights

Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Dutchie, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Dutchie from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service, including Dutchie's platform, APIs, and related infrastructure (the "Software"), are the property of Dutchie, our affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Dutchie.

The Dutchie name and logos are trademarks and service marks of Dutchie (collectively the “Dutchie Trademarks”). Other Dutchie, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Dutchie. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Dutchie Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Dutchie Trademarks will inure to our exclusive benefit.

Third Party Material: Under no circumstances will Dutchie be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Dutchie does not pre-screen content, but that Dutchie and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Dutchie and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Dutchie, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

User Content Transmitted Through the Service: With respect to any content, information, or materials you submit through the Service, including product reviews, AI Feature queries, saved preferences, and account information (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all intellectual property rights contained therein. By submitting any User Content you hereby grant and will grant Dutchie and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, perform, distribute, store, modify and otherwise use your User Content in connection with the operation, improvement, and personalization of the Service.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Dutchie are non-confidential and Dutchie will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Dutchie may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Dutchie, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Copyright Complaints: Dutchie respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Dutchie of your infringement claim in accordance with the procedure set forth below.

Dutchie will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Dutchie’s Copyright Agent at support@dutchie.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail at:

68 Harrison Avenue, Suite 605, PMB 49488, Boston, Massachusetts 02111

To be effective, the notification must be in writing and contain the following information:

Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

If a counter-notice is received by the Copyright Agent, Dutchie will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Dutchie has adopted a policy of terminating, in appropriate circumstances and at Dutchie's sole discretion, users who are deemed to be repeat infringers. Dutchie may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Third Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Dutchie has no control over such sites and resources and Dutchie is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Dutchie will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Dutchie is not liable for any loss or claim that you may have against any such third party.

Indemnity and Release

You agree to release, indemnify and hold Dutchie and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DUTCHIE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

DUTCHIE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

DUTCHIE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD-PARTY SERVICES OR PRODUCTS, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT DUTCHIE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DUTCHIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL DUTCHIE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID DUTCHIE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

IF YOU ARE A USER FROM ANY JURISDICTION THAT LIMITS THE SCOPE OF WARRANTY DISCLAIMERS OR LIABILITY LIMITATIONS, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF YOUR JURISDICTION. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF YOUR JURISDICTION, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Dutchie, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and Dutchie are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND DUTCHIE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND DUTCHIE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

Pre-Arbitration Dispute Resolution

Dutchie is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@dutchie.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Dutchie should be sent to 68 Harrison Avenue, Suite 605, PMB 49488, Boston, Massachusetts 02111 (“Notice Address”), with a mandatory copy sent via email to legal@dutchie.com. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Dutchie and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Dutchie may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Dutchie or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Dutchie is entitled.

Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless Dutchie and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Dutchie agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Dutchie will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Dutchie will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Dutchie will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.

Future Changes to Arbitration Agreement

Notwithstanding any provision in this Terms of Service to the contrary, Dutchie agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Dutchie written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

Termination

You agree that Dutchie, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Dutchie believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Dutchie may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Dutchie may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Dutchie will not be liable to you or any third party for any termination of your access to the Service.

Force Majeure: Dutchie will not be liable for any delay or failure to perform any obligation under these Terms of Service where the delay or failure results from any cause beyond Dutchie's reasonable control, including acts of God, labor disputes, internet or telecommunications failures, shortages of or inability to obtain materials, government orders, or actions of third-party service providers.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service and Dutchie will have no liability or responsibility with respect thereto. Dutchie reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

General

These Terms of Service, together with any additional terms you agree to when using particular features of the Services (such as Pay by Bank terms or Dispensary-specific terms), constitute the entire agreement between you and Dutchie and govern your use of the Service, superseding any prior agreements between you and Dutchie with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Dutchie agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Suffolk County, Massachusetts. The failure of Dutchie to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within 1 year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Dutchie, but Dutchie may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

Your Privacy

At Dutchie, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

Accessibility: Dutchie is committed to making the Services accessible. For information about the accessibility of the Services, please visit dutchie.com/accessibility. If you experience any difficulty accessing or using the Services, please contact us at support@dutchie.com.

Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Courier Plus, Inc. d/b/a Dutchie, 68 Harrison Avenue, Suite 605, PMB 49488, Boston, Massachusetts 02111, or by telephone at (866) 838-8244.

Questions? Concerns? Suggestions?

Please contact us at support@dutchie.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.