Terms of Use
Last updated June 20, 2022
These Terms of Use constitute a legally binding agreement
made between you, whether personally or on behalf of an entity (“you”) and AMG
Gold Holdings, LLC. and its affiliates (collectively, “The Grass Barn, LLC.”,
“Black Creek Processing, LLC.”, “AMG Gold Dispensary, LLC.”, “us”, “our”, or
“we”), concerning your access to and use of the following: www.amggoldholdings.com,
www.thegrassbarn.com, www.blackcreekprocessing.com and www.amggold.com websites
as well as any other media form, media channel, mobile website or mobile
application related, linked, or otherwise connected thereto (collectively, the
“Site”). You agree that by accessing the Site, you have read, understood, and
agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL
OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE
AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be
posted on the Site from time to time are hereby expressly incorporated herein
by reference. We reserve the right, in our sole discretion, to make changes or
modifications to these Terms of Use at any time and for any reason. We will
alert you about any changes by updating the “Last updated” date of these Terms
of Use, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Terms of Use to stay
informed of updates. You will be subject to, and will be deemed to have been
made aware of and to have accepted, the changes in any revised Terms of Use by
your continued use of the Site after the date such revised Terms of Use are
posted.
The information provided on the Site is not intended for
distribution to or use by any person or entity in any jurisdiction or country
where such distribution or use would be contrary to law or regulation or which
would subject us to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the Site from other
locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 21 years old.
Persons under the age of 21 are not permitted to use or register for the Site.
INTELLECTUAL PROPERTY
RIGHTS
Unless otherwise indicated, the Site is our proprietary
property and all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks, and logos
contained therein (the “Marks”) are owned or controlled by us or licensed to
us, and are protected by copyright and trademark laws and various other
intellectual property rights and unfair competition laws of the United States,
foreign jurisdictions, and international conventions. The Content and the Marks
are provided on the Site “AS IS” for your information and personal use only.
Except as expressly provided in these Terms of Use, no part of the Site and no
Content or Marks may be copied, reproduced, aggregated, republished, uploaded,
posted, publicly displayed, encoded, translated, transmitted, distributed,
sold, licensed, or otherwise exploited for any commercial purpose whatsoever,
without our express prior written permission.
Provided that you are eligible to use the Site, you are
granted a limited license to access and use the Site and to download or print a
copy of any portion of the Content to which you have properly gained access
solely for your personal, non-commercial use. We reserve all rights not
expressly granted to you in and to the Site, the Content and the Marks.
By using the Site, you represent and warrant that:
(1) you
have the legal capacity and you agree to comply with these Terms of Use;
(2) you are not a minor in the jurisdiction
in which you reside;
(3) you will not access the Site through automated or
non-human means, whether through a bot, script, or otherwise;
(4) you will not
use the Site for any illegal or unauthorized purpose; and
(5) your use of the
Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate,
not current, or incomplete, we have the right to suspend or terminate your
account and refuse any and all current or future use of the Site (or any
portion thereof).
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other
than that for which we make the Site available. The Site may not be used in
connection with any commercial endeavors except those that are specifically
endorsed or approved by us.
As a user of the Site, you agree not to:
1. Systematically
retrieve data or other content from the Site to create or compile, directly or
indirectly, a collection, compilation, database, or directory without written
permission from us.
2. Make any
unauthorized use of the Site, including collecting usernames and/or email
addresses of users by electronic or other means for the purpose of sending
unsolicited email, or creating user accounts by automated means or under false
pretenses.
3. Use a buying
agent or purchasing agent to make purchases on the Site.
4. Use the Site
to advertise or offer to sell goods and services.
5. Circumvent,
disable, or otherwise interfere with security-related features of the Site,
including features that prevent or restrict the use or copying of any Content
or enforce limitations on the use of the Site and/or the Content contained
therein.
6. Engage in
unauthorized framing of or linking to the Site.
7. Trick,
defraud, or mislead us and other users, especially in any attempt to learn
sensitive account information such as user passwords.
8. Make improper
use of our support services or submit false reports of abuse or misconduct.
9. Engage in any
automated use of the system, such as using scripts to send comments or
messages, or using any data mining, robots, or similar data gathering and
extraction tools.
10. Interfere
with, disrupt, or create an undue burden on the Site or the networks or
services connected to the Site.
11. Attempt to
impersonate another user or person or use the username of another user.
12. Sell or
otherwise transfer your profile.
13. Use any
information obtained from the Site in order to harass, abuse, or harm another
person.
14. Use the Site
as part of any effort to compete with us or otherwise use the Site and/or the
Content for any revenue-generating endeavor or commercial enterprise.
15. Decipher,
decompile, disassemble, or reverse engineer any of the software comprising or
in any way making up a part of the Site.
16. Attempt to
bypass any measures of the Site designed to prevent or restrict access to the
Site, or any portion of the Site.
17. Harass,
annoy, intimidate, or threaten any of our employees or agents engaged in
providing any portion of the Site to you.
18. Delete the
copyright or other proprietary rights notice from any Content.
19. Copy or adapt
the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript,
or other code.
20. Upload or
transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other
material, including excessive use of capital letters and spamming (continuous
posting of repetitive text), that interferes with any party’s uninterrupted use
and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes
with the use, features, functions, operation, or maintenance of the Site.
21. Upload or
transmit (or attempt to upload or to transmit) any material that acts as a
passive or active information collection or transmission mechanism, including
without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels,
web bugs, cookies, or other similar devices (sometimes referred to as “spyware”
or “passive collection mechanisms” or “pcms”).
22. Except as may
be the result of standard search engine or Internet browser usage, use, launch,
develop, or distribute any automated system, including without limitation, any
spider, robot, cheat utility, scraper, or offline reader that accesses the
Site, or using or launching any unauthorized script or other software.
23. Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the Site.
24. Use the Site
in a manner inconsistent with any applicable laws or regulations.
RELIANCE ON
INFORMATION POSTED
The information presented on or through the Website,
(www.amggoldholdings.com, www.thergrassbarn.com, www.blackcreekprocessing.com,
www.amggold.com) is made available solely for general information purposes. We
do not warrant the accuracy, completeness, or usefulness of this information.
Any reliance you place on such information is strictly at your own risk. We
disclaim all liability and responsibility arising from any reliance placed on
such materials by you or any other visitor to the Website, or by anyone who may
be informed of any of its contents.
This Website may include content provided by third parties,
including materials provided by other users, bloggers, and third-party
licensors, syndicators, aggregators, and/or reporting services. All statements
and/or opinions expressed in these materials, and all articles and responses to
questions and other content, other than the content provided by the Company,
are solely the opinions and the responsibility of the person or entity
providing those materials. These materials do not necessarily reflect the
opinion of the Company. We are not responsible, or liable to you or any third
party, for the content or accuracy of any materials provided by any third
parties.
We may update the content on this Website from time to time,
but its content is not necessarily complete or up-to-date. Any of the material
on the Website may be out of date at any given time, and we are under no
obligation to update such material.
ONLINE PURCHASES AND
OTHER TERMS AND CONDITIONS
Product Displays and Descriptions. We have made every effort
to display as accurately as possible the colors and images of our products. We
cannot guarantee that your computer monitor’s display of any color will be
accurate. All descriptions of products are subject to change at any time
without notice, in our sole discretion.
Pricing. Prices shown
on the Website expire at midnight Central time on the date displayed for the
item. Prices and sales are subject to change without notice.
Tax. Sales tax will be applied to your order, based on the
address of the location you select, in accordance with the laws in that
jurisdiction. All applicable taxes will be clearly displayed on your order at
order completion time. Tax rates are subject to change at any time.
Orders. Before you submit your order, you will be given the
opportunity to review your selections, check the total price of your order, and
correct any input errors. All information on the Website is an invitation only
and is not an offer or unilateral contract. Your order represents an offer by
you to purchase the selected merchandise.
We will acknowledge receipt of your order without delay by
sending an electronic confirmation or email. Please note, however, that such
confirmation or email does not constitute acceptance of your order. No contract
with respect of any of our merchandise exists between you and us until your
order has been expressly accepted by us. If we do not accept your offer and
funds have already been deducted from your account, the funds will be fully
refunded.
All orders are subject to acceptance by us, and we will
confirm such acceptance to you at the time you arrive to pick up your order. A
contract for the purchase of a product between you and us (a “Contract”) will
only be formed once we send you pick up the order. The Contract will relate
only to the products that you pick up. We will not be bound to supply any other
product which may have been part of your order until the shipment of such
product has been confirmed in a separate email or text message.
The risk of loss and title to the product(s) pass to you
once we deliver your item(s) to you.
LINKS FROM THE
WEBSITE
If the Websites, (www.amggoldholdings.com, www.thergrassbarn.com,
ww.blackcreekprocessing.com, www.amggold.com) contains links to other sites and resources
provided by third parties, these links are provided for your convenience only.
This includes links contained in advertisements, including banner
advertisements and sponsored links. We have no control over the contents of
those sites or resources, and accept no responsibility for them or for any loss
or damage that may arise from your use of them. If you decide to access any of
the third-party websites linked to this Website, you do so entirely at your own
risk and subject to the terms and conditions of use for such websites.
DISCLAIMER OF
WARRANTIES
You understand that we cannot and do not guarantee or
warrant that files available for downloading from the internet or the Websites,
(www.amggoldholdings.com, www.thergrassbarn.com, www.blackcreekprocessing.com,
www.amggold.com), will be free of viruses or other destructive code. You are
responsible for implementing sufficient procedures and checkpoints to satisfy
your particular requirements for anti-virus protection and accuracy of data
input and output, and for maintaining a means external to our site for any
reconstruction of any lost data. To the fullest extent provided by law, we will
not be liable for any loss or damage caused by a distributed denial-of-service
attack, viruses, or other technologically harmful material that may infect your
computer equipment, computer programs, data, or other proprietary material due
to your use of the website or any services or items obtained through the
websites or to your downloading of any material posted on it, or on any website
linked to it.
Your use of the websites, its content, and services or items
obtained through the websites is at your own risk. The websites, its content,
and any services or items obtained through the websites are provided on an “AS
IS” and “AS AVAILABLE” basis, without any warranties of any kind, either express
or implied. Neither AMG Gold Holdings, LLC. and its affiliates nor any person
associated with AMG Gold Holdings, LLC. and its affiliates make any warranty or
representation with respect to the completeness, security, reliability,
quality, accuracy, or availability of the websites. Without limiting the
foregoing, neither AMG Gold Holdings, LLC. and its affiliates nor any person
associated with AMG Gold Holdings, LLC. and its affiliates represents or warrants
that the websites, its content, or any services or items obtained through the
websites will be accurate, reliable, error-free, or uninterrupted that defects
will be corrected, that our site or the server that makes it available are free
of viruses or other harmful components, or that the websites or any services or
items obtained through the websites will otherwise meet your needs or
expectations.
To the fullest extent provided by law, AMG Gold Holdings,
LLC. and its affiliates hereby disclaims all warranties of any kind, whether
express or implied, statutory, or otherwise, including but not limited to any
warranties of merchantability, non=infringement, and fitness for particular
purpose.
The foregoing does not affect any warranties that cannot be
excluded or limited under applicable law.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless AMG Gold
Holdings, LLC., its affiliates, licensors, and service providers, and its and
their respective officers, directors, employees, contractors, agents,
licensors, suppliers, successors, and assigns from and against any claims,
liabilities, damages, judgments, awards, losses, costs, expenses, or fees
(including reasonable attorneys’ fees) arising out of or relating to your
violation of these Terms of Use or your use of the Websites, including, but not
limited to, your User Contributions, any use of the Website’s content,
services, and products other than as expressly authorized in these Terms of
Use, or your use of any information obtained from the Websites.
ENTIRE AGREEMENT
The Terms of Use and our Privacy Policy constitute the sole
and entire agreement between you and AMG Gold Holdings, LLC. and its affiliates
(collectively, “The Grass Barn, LLC.”, “Black Creek Processing, LLC.”, “AMG
Gold Dispensary, LLC.”, “us”, “our”, or “we”), regarding the Website and
supersede all prior and contemporaneous understandings, agreements,
representations, and warranties, both written and oral, regarding the Website.
Any questions or comments can be mailed or emailed to the
following:
AMG Gold Holdings, LLC
1855 Pass Road
Biloxi, Mississippi, 39531
info@amggoldholdings.com