Terms of Service

Last updated: Apr 17, 2024 7:06 PM

Please read this Terms of Service (“Terms,” “Terms of Service”) carefully before using the https://theforestdispensary.com/ website (the “Website”) operated by Standard Wellness Holdings LLC, a(n) Sole Proprietorship formed in Ohio, United States (“us,” “we,” “our”) as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.

By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.

Prohibited uses

You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:

  1. Impersonating or attempting to impersonate Standard Wellness Holdings LLC or its employees, representatives, subsidiaries or divisions;
  2. Misrepresenting your identity or affiliation with any person or entity;
  3. Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
  4. Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
  5. Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
  6. Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
  7. Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
  8. Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
  9. Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
  10. Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
  11. Otherwise attempting to interfere with the proper working of the Website;
  12. Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.

No warranty on Website

This Website is provided “as is,” No warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to this Website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.

Availability, errors and inaccuracies

We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.

Damages and limitation of liability

In no event shall Standard Wellness Holdings LLC be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, relating to or in any way connected with your access to, display of or use of this Website or with the delay or inability to access, display or use this Website, including but not limited to your reliance upon opinions or information appearing on this Website; any computer viruses, information, software, linked websites operated by third parties, products or services obtained through this Website, whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes or otherwise, even if Standard Wellness Holdings LLC has been advised of the possibility of such damages.

Links to third party websites

This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Intellectual property and DMCA notice and procedure for intellectual property infringement claims

All contents of this Website are ©2018 – 2025 Standard Wellness Holdings LLC or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Standard Wellness Holdings LLC and are either registered trademarks, trademarks or otherwise protected intellectual property of Standard Wellness Holdings LLC or third parties in the United States and/or other countries.

If you are aware of a potential infringement of our intellectual property, please contact Standard Wellness at info@standardwellness.com.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights – DMCA.” Your notice to us must include the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
  2. A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
  3. Your name, email, address and telephone number; and
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.

You may submit your claim to us by contacting us at:

Standard Wellness Holdings LLC
Standard Wellness
info@standardwellness.com
n/a
n/a
United States

Governing law, severability, dispute resolution and venue

These Terms shall be governed and construed in accordance with the laws of the state of Ohio, United States, without regard to its conflict of laws provisions. These terms shall not be governed by the United Nations convention on contracts for the sale of international goods, the Uniform Commercial Code, nor Incoterms.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website.

Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Cuyahoga County, Ohio.

You and Standard Wellness Holdings LLC agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action.

Changes to Terms of Service

We reserve the right to make changes to these Terms of Service at any time. We will not provide you with any notice when we make changes to this Terms of Service.

Questions

If you have any questions about our Terms of Service, please contact us at info@standardwellness.com.

LOYALTY TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE FOREST REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR PARTICIPATE IN THE STANDARD WELLNESS REWARDS PROGRAM.

You agree that we may provide updates, notices, disclosures and amendments to these Terms and Conditions, and other information relating to the Forest Rewards program by electronic means, including posting such information and materials online at https://theforestdispensary.com.

Additional Terms

These Terms and Conditions apply to your access to, and participation in, the Forest Rewards program in the United States (“The Forest Rewards”), which is operated by Standard Wellness Holdings, LLC or its respective subsidiaries, licensees, and affiliated companies (collectively, “The Forest”).

Changes to Terms

The Forest reserves the right to change or modify these Terms and Conditions or any policy, FAQ, offer, promotion, benefit or guideline pertaining to The Forest Rewards, in whole or in part, at any time and in its sole discretion. Any changes or modifications will be effective immediately and may be posted to www.theforestdispensary.com, so please check back from time to time. You waive any right you may have to receive specific notice of such changes or modifications, and your continued access to or participation in The Forest Rewards following any such changes or modifications confirms your acceptance. If you do not agree to these Terms and Conditions, you must stop accessing and participating in The Forest Rewards.

Program Period

The Forest Rewards will continue until The Forest determines an end date and time; once determined, the end date and time will be disclosed prior to the end date/time.

 

Personal Use

The Forest Rewards is intended for personal use only. Commercial use is prohibited. The Forest Rewards is intended solely for users who are (i) twenty-one (21) years of age and older; or (ii) eighteen (18) years of age or older and in possession of a valid medical marijuana registration card. You represent and warrant either that you are twenty-one (21) years of age or older, or if you are eighteen (18) years of age or older that you have a valid medical marijuana registration card.

Our Privacy Policy is incorporated into these Terms and Conditions and also governs your participation in The Forest Rewards. Please read the Privacy Policy carefully to understand how The Forest collects, uses and discloses information about customers, how to update or change your personal information, and how we communicate with you.

Electronic Communication

 

Visiting our site or sending emails to The Forest constitutes electronic communication. You consent to receive electronic communication, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on our website or app, satisfy any legal requirement that such communication be in writing.

About The Forest Rewards

 

Details related to The Forest Rewards are available at www.theforestdispensary.com  and within our The Forest app. All offers are subject to change without prior notice. All offers must be redeemed by the individual who earned rewards, and redemptions must be in person. Offers may vary from location to location, in The Forest’s sole discretion. The Forest Rewards will be subject to laws and regulations governing the cultivation, processing, and sale of cannabis products in markets where such activities are permitted by state law. The Forest Rewards is not available in any state or jurisdiction where The Forest does not operate.

 

Joining The Forest Rewards

 

Customers and patients can sign up online via https://lab.alpineiq.com/wallet/2411 or in-store by providing your name, email, phone number and birthday at checkout.

 

Earning Rewards

 

Every pre-tax dollar earns one (1) point.

 

Returns

 

Regular return policies apply. In the event that a particular item purchased with points is not available for exchange, a similar item of equal or lesser value will be offered at the redemption level used for the original purchase.

 

Expiration

 

Points expire ninety (90) days after they are earned. Any points earned prior to January 30, 2025, will expire on April 30, 2025.

 

Redemption

 

Only one reward may be redeemed per day.

 

Waiver of Liability

The Forest is not responsible for technical, hardware or software malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in the Forest Rewards or by any human error which may occur in the processing of the points in the Forest Rewards or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with the Forest Rewards.

 

If, for any reason, the Forest Rewards is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of The Forest which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Forest Rewards, then The Forest reserves the right at its sole discretion to cancel the Forest Rewards and only allow points to be redeemed from all eligible participants who submitted their points prior to cancellation.

 

Except for willful misconduct or gross negligence on the part of the Forest, by participating in the Forest Rewards, participants release The Forest from any and all liability for any loss, harm, damages, cost or expense, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected to the Forest Rewards or the use of any rewards. Participants agree to indemnify, defend and hold The Forest and any affiliates harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to any breach by participants of any of these Terms and Conditions or any violation by participants of applicable law, including but not limited to any laws relating to cannabis use, sale, or possession.

Other Important Information You Should Know

 

Rewards accrued in connection with The Forest Rewards are promotional, have no cash value and cannot be redeemed for cash. In addition, your redemption of Rewards accrued in connection with The Forest Rewards cannot be combined with any other offers or discounts, unless otherwise expressly indicated by The Forest.

Your Rewards and The Forest Rewards account are personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one (1) The Forest Rewards account that is personal to you.

Without notice to you, The Forest reserves the right to suspend any Rewards registered to your account and/or terminate your account and/or your participation in The Forest Rewards if The Forest determines, in its sole discretion, that you have violated these Terms and Conditions or that the use of your Rewards account is unauthorized, deceptive, fraudulent or otherwise unlawful. The Forest may, in its sole discretion, suspend, cancel or combine Rewards accounts that appear to be duplicative. In the event that your participation in The Forest Rewards is terminated, all accrued Rewards in your account are void.

Without notice to you, The Forest also reserves the right to “unregister” and make ineligible for The Forest Rewards any Rewards account that has been inactive for one (1) year. Inactivity is defined as no Rewards earned during such one (1) year period. In the event that your Rewards account is unregistered or rendered inactive, all accrued Rewards in your account are void.

The Forest reserves the right to change, modify, discontinue or cancel The Forest Rewards or any part of The Forest Rewards program, at any time and in its sole discretion, without notice to you.

Dispute Resolution

 

Please read this section carefully. It affects your legal rights. It provides for resolution of most disputes through individual arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This section also contains a jury trial waiver and a waiver of any and all rights to proceed in a class, collective, consolidated, private attorney general or representative action in arbitration, or litigation to the fullest extent allowable by applicable law.

 

·       Binding Arbitration. This provision is intended to be interpreted broadly. Any dispute or claim arising out of or relating to these Terms and Conditions, your access to or participation in The  Forest Rewards, or your relationship with The Forest or any past, present, or future subsidiary, parent or affiliate company or companies, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory (“Dispute”), will be resolved through binding individual arbitration. Dispute shall include, but not be limited to: (a) any dispute or claim that arose before the existence of these or any prior Terms and Conditions (including, but not limited to, claims relating to advertising); (b) any dispute or claim that is currently the subject of purported class action litigation in which you are not a member of a certified class; and (c) any dispute or claim that may arise after termination of these Terms and Conditions. The arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (a) issues that relate to the scope, validity, and enforceability of the arbitration agreement, class action waiver, or any of the provisions of this Dispute Resolution section; and (b) issues that relate to the arbitrability of any Dispute. These Terms and Conditions and this arbitration agreement do not prevent you from bringing a Dispute to the attention of any government agency.

·       Mandatory Informal Dispute Resolution Process. You and we agree to work together in an effort to informally resolve any Dispute between us. The party initiating the Dispute must send the other a written notice of the Dispute that includes all of this information: (a) information sufficient to identify any transaction and account at issue; (b) contact information (including name, address, telephone number, and email address); and (c) a detailed description of the nature and basis of the Dispute and the relief sought, including a calculation for it. The notice must be personally signed by the party initiating the Dispute (and their counsel, if represented). If you have the Dispute with us, you must send this notice to our Customer Service department using the appropriate link at https://theforestdispensary.com/contact. If we have a Dispute with you, we will send this notice to the most recent contact information we have for you. For a period of 60 days from receipt of a completed notice (which can be extended by agreement of the parties), you and we agree to negotiate in good faith in an effort to informally resolve the Dispute. The party receiving the notice may request a telephone settlement conference to aid in the resolution of the Dispute. If such a conference is requested, you and a The Forest representative will personally attend (with counsel, if represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period. Completion of this Mandatory Informal Dispute Resolution Process (“Process”) is a condition precedent to initiating a claim in arbitration. If the sufficiency of a notice or compliance with this Process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and any arbitration shall be stayed. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this Process in arbitration. All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a completed notice through the conclusion of this Process. You or we may commence arbitration if the Dispute is not resolved through this Process.

·       Future Changes to Arbitration Agreement. If we make any future changes to this arbitration agreement (other than a change to our contact information), you may reject any such change by sending your personally signed, written notice to the following address within 30 days of the change:

Standard Wellness Holdings

425 Literary Ave, Suite 100, Cleveland, OH 44113

Attention: Legal Department

Such written notice does not constitute an opt out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and The Forest in accordance with this version of the arbitration agreement.

·       Class Action Waiver and Jury Trial Waiver. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative action. You and we agree to waive any right to bring or to participate in such an action in arbitration or in court to the fullest extent allowable by applicable law. Notwithstanding the foregoing, the parties retain the right to participate in a class-wide settlement.

To the fullest extent allowable by applicable law, you and we waive the right to a jury trial.

Governing Law and Jurisdiction

These Terms and Conditions or your access to or participation in The Forest Rewards are governed by the laws of the state of Ohio, United States of America, without regard to Ohio’s conflict of laws rules. If the arbitration agreement is ever deemed unenforceable or void, or a dispute between the parties is not subject to arbitration, you irrevocably consent to the exclusive jurisdiction of the federal and state courts in Cuyahoga County, Ohio, United States of America, for purposes of any legal action arising out of or related to access to or participation in The Forest Rewards or these Terms and Conditions, and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to: (a) inconvenient forum or (b) any other basis or any right to seek to transfer or change venue of any such action to another court.

Severability and Survival

Except as otherwise provided herein, if any provision or part of a provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision or part of the provision shall be deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.