1. Nature of Platform
Lifted operates as a marketplace, discovery, ordering, and delivery coordination platform connecting adult consumers with licensed cannabis retailers. Lifted does not cultivate, manufacture, sell, or take title to any cannabis product.
2. Seller of Record
All cannabis products listed on the Lifted platform are offered and sold by the licensed cannabis retailer identified on the product or order. The licensed retailer is the seller of record for every transaction and is solely responsible for the products it offers, prices, taxes, and regulatory compliance related to the sale.
3. Eligibility
To use the Lifted platform, you must:
- Be at least 21 years of age.
- Hold a valid government-issued photo ID.
- Reside or be physically located in a jurisdiction where Lifted operates.
- Not be prohibited from purchasing cannabis under any applicable law.
4. Orders and Payments
Orders placed through Lifted are routed to the applicable licensed retailer for acceptance and fulfillment. Pricing, availability, taxes, and applicable fees are determined by the retailer and the platform and are displayed at checkout. Payment is processed through the methods made available on the platform.
5. Delivery
Delivery is coordinated through authorized delivery operations where permitted. Estimated delivery windows are estimates only and are subject to retailer participation, traffic, weather, and operational capacity. A valid government-issued photo ID is required at delivery, and orders cannot be left unattended.
6. Multi-Retailer Orders
When a cart contains items from more than one licensed retailer, each retailer remains the seller of record for its own items. Items from different retailers may be delivered separately and may arrive at different times. A platform delivery fee may apply to the order regardless of the number of participating retailers.
7. Cancellations and Refunds
Cancellation and refund eligibility is determined by the licensed retailer fulfilling the order, in accordance with applicable law. An order may be cancelled or refused if the recipient cannot verify age and identity, if the delivery address is outside a permitted zone, or if the order otherwise cannot be lawfully completed.
8. Compliance
You agree to use the Lifted platform only for lawful purposes and in compliance with all applicable laws and regulations, including those governing the purchase, possession, and consumption of cannabis. You agree not to resell, distribute, or transfer cannabis products obtained through the platform.
9. Liability
To the maximum extent permitted by law, Lifted is not liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the platform or any products offered by licensed retailers through the platform. Lifted's total aggregate liability for any claim shall not exceed the amount you paid through the platform in the three months preceding the event giving rise to the claim.
10. Indemnification
You agree to indemnify, defend, and hold harmless Lifted, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or related to your use of the platform, your violation of these Terms, or your violation of any law or the rights of a third party.
11. Governing Law
These Terms are governed by the laws of the State of New York, without regard to its conflict of laws principles. Any dispute arising out of or related to these Terms or the platform shall be resolved in the state or federal courts located in New York, and you consent to the personal jurisdiction of those courts.