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Terms and Conditions

IMPORTANT

Please Carefully Read And Understand These Terms And Conditions Of Use Before Accessing Or Using Sweet Leaf Health, LLC  (“Sweet Leaf Health” Or The “Company”) Sites Or Services.  These Terms Contain Disclaimers Of Warranties And Limitations Of Liabilities. These Terms Form An Essential Basis Of Our Agreement.

By Using, Sweet Leaf Health, LLC Sites Or Services You Agree To Be Bound By These Terms And Conditions Of Use (“Terms”).  Together With Our Privacy Policy And Any Additional Terms Or Conditions That Are Specific To A Particular Product Or Service, Form A Legally Binding Agreement (“Agreement”) Between You And Sweet Leaf Health, LLC. This Agreement Governs Your Access To And Use Of The Website Www.Sweetleaf-Health.Com (“Website”), The Products And Services Provided By,  Sweet Leaf Health, LLC Any Order You Place Through The Website, By Telephone, Or Other Accepted Method Of Purchase And, As Applicable, Your Use Or Attempted Use Of The Products Or Services Offered On Or Available Through The Website, By Visiting This Website And/Or Purchasing Something From Sweet Leaf Health, LLC.

This Agreement Contains Arbitration And Class Action Waiver Provisions That Waive Your Right To A Court Hearing, Right To A Jury Trial, And Right To Participate In A Class Action. Arbitration Is Mandatory And Is The Exclusive Remedy For Any And All Disputes. Unless Specified Below In Section Xx Or If You Opt-Out. Please Carefully Review The Dispute Resolution Provisions In Section Xx Below Which Also Describes Your Right To Opt-Out.

You Can Review The Most Current Version Of The Terms At Any Time On Www.Sweetleaf-Health.Com. We Reserve The Right To Update, Change, Or Replace Any Part Of These Terms By Posting Updates And/Or Changes To Our Website. It Is Your Responsibility To Check This Page Periodically For Changes. Your Continued Use Of Or Access To The Website Following The Posting Of Any Changes Constitutes Binding Acceptance Of Those Changes.

 

INTRODUCTION TO SWEET LEAF HEALTH

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

 

NOTICE OF PRIVACY PRACTICES 

This Notice Describes How Health Information May Be Used And Disclosed And How You Can Get Access To This Information. Please Review It Carefully.

I. Our Pledge Regarding Health Information:

 Sweet Leaf Health, LLC Understands That Health Information About You And Your Health Care Is Personal.  Sweet Leaf Health, LLC Is Committed To Protecting Health Information About You.  Sweet Leaf Health, LLC Creates A Record Of The Care And Services You Receive.  Sweet Leaf Health, LLC  Needs This Record To Provide You With Quality Care And To Comply With Certain Legal Requirements. This Notice Applies To All Of The Records Of Your Care Generated By This Practice. This Notice Will Tell You About The Ways In Which Sweet Leaf Health, LLC  May Use And Disclose Health Information About You. Sweet Leaf Health, LLC Describes Your Rights To The Health Information I Keep About You, And Describes Certain Obligations  Sweet Leaf Health, LLC Has Regarding The Use And Disclosure Of Your Health Information. Sweet Leaf Health, LLC Is  Required By Law To:

  • Make Sure That Protected Health Information (“Phi”) That Identifies You Is Kept Private.

  • Give You This Notice Of Sweet Leaf Health, LLC Legal Duties And Privacy Practices With Respect To Health Information.

  • Follow The Terms Of The Notice That Is Currently In Effect.

  • Sweet Leaf Health, LLC Can Change The Terms Of This Notice, And Such Changes Will Apply To All Information I Have About You. The New Notice Will Be Available Upon Request, In My Office, And On My Website.

Ii. How Sweet Leaf Health, LLC  May Use And Disclose Health Information About You:

The Following Categories Describe Different Ways That Sweet Leaf Health,LLC Can Use And Disclose Health Information. For Each Category Of Uses Or Disclosures Sweet Leaf Health,LLC Will Explain And What I Mean And Give Some Examples. Not Every Use Or Disclosure In A Category Will Be Listed. 

For Treatment Payment, Or Health Care Operations: Federal Privacy Rules (Regulations) Allow Health Care Providers Who Have Direct Treatment Relationship With The Patient/Client To Use Or Disclose The Patient/Client’s Personal Health Information Without The Patient’s Written Authorization, To Carry Out The Health Care Provider’s Own Treatment, Payment Or Health Care Operations. Sweet Leaf Health, LLC May Also Disclose Your Protected Health Information For The Treatment Activities Of Any Health Care Provider. This Too Can Be Done Without Your Written Authorization. For Example, If A Health Care Provider Were To Consult With Another Licensed Health Care Provider About Your Condition, We Would Be Permitted To Use And Disclose Your Personal Health Information, Which Is Otherwise Confidential, In Order To Assist The Health Care Provider In Diagnosis And Treatment Of Your Condition.

Disclosures For Treatment Purposes Are Not Limited To The Minimum Necessary Standard. Because Other Health Care Providers Need Access To The Full Record And/Or Full And Complete Information In Order To Provide Quality Care. The Word “Treatment” Includes, Among Other Things, The Coordination And Management Of Health Care Providers With A Third Party, Consultations Between Health Care Providers And Referrals Of A Patient For Health Care From One Health Care Provider To Another.

Lawsuits And Disputes: If You Are Involved In A Lawsuit,  Sweet Leaf Health, LLC  May Disclose Health Information In Response To A Court Or Administrative Order.  Also Sweet Leaf Health, LLC May Disclose Health Information About Your Child In Response To A Subpoena, Discovery Request, Or Other Lawful Process By Someone Else Involved In The Dispute, But Only If Efforts Have Been Made To Tell You About The Request Or To Obtain An Order Protecting The Information Requested.

III. CERTAIN USES AND DISCLOSURES REQUIRE YOUR AUTHORIZATION:

  • Clinical  Notes: Sweet Leaf Health, LLC Keeps “Soap Notes” And Any Use Or Disclosure Of Such Notes Requires Your Authorization Unless The Use Or Disclosure Is:

  • A. For Sweet Leaf Health, LLC Use In Treating You.

  • B. For Sweet Leaf Health, LLC Use In Training Or Supervising Associates To Help Them Improve Their Clinical Skills.

  • C. For Sweet Leaf Health, LLC Use In Defending Ourselves In Legal Proceedings Instituted By You.

  • D. For Use By The Secretary Of Health And Human Services To Investigate Sweet Leaf Health, LLC Compliance With HIPAA.

  • E. Required By Law And The Use Or Disclosure Is Limited To The Requirements Of Such Law.

  • F. Required By Law For Certain Health Oversight Activities Pertaining To The Originator Of The Session Notes.

  • G. Required By A Coroner Who Is Performing Duties Authorized By Law.

  • H. Required To Help Avert A Serious Threat To The Health And Safety Of Others.

  • Marketing Purposes. As A Health Care Provider, Sweet Leaf Health, LLC  Will Not Use Or Disclose Your Phi For Marketing Purposes.

  • Sale Of PHI., Sweet Leaf Health, LLC. Not Sell Your PHI.

IV. CERTAIN USES AND DISCLOSURES DO NOT REQUIRE YOUR AUTHORIZATION.

Subject To Certain Limitations In The Law, Sweet Leaf Health, LLC Can Use And Disclose Your PHI Without Your Authorization For The Following Reasons:

  • When Disclosure Is Required By State Or Federal Law, And The Use Or Disclosure Complies With And Is Limited To The Relevant Requirements Of Such Law.

  • For Public Health Activities, Including Reporting Suspected Child, Elder, Or Dependent Adult Abuse, Or Preventing Or Reducing A Serious Threat To Anyone’s Health Or Safety.

  • For Health Oversight Activities, Including Audits And Investigations.

  • For Judicial And Administrative Proceedings, Including Responding To A Court Or Administrative Order, Although My Preference Is To Obtain An Authorization From You Before Doing So.

  • For Law Enforcement Purposes, Including Reporting Crimes Occurring On Sweet Leaf Health, LLC Premises.

  • To coroners or medical examiners, when such individuals are performing duties authorized by law.

  • For research purposes, including studying and comparing the patients who received one form of care versus those who received another form of care for the same condition.

  • Specialized government functions, including, ensuring the proper execution of military missions; protecting the President of the United States; conducting intelligence or counterintelligence operations; or, helping to ensure the safety of those working within or housed in correctional institutions.

  • For workers’ compensation purposes. 

  • Appointment reminders and health related benefits or services. SWEET LEAF HEALTH, LLC may use and disclose your PHI to contact you to remind you that you have an appointment with SWEET LEAF HEALTH, LLC.

V. CERTAIN USES AND DISCLOSURES REQUIRE YOU TO HAVE THE OPPORTUNITY TO OBJECT.

  • Disclosures to family, friends, or others. SWEET LEAF HEALTH, LLC will provide your PHI to a family member, friend, or other person that you indicate is involved in your care or the payment for your health care, unless you object in whole or in part. The opportunity to consent may be obtained retroactively in emergency situations.

VI. YOU HAVE THE FOLLOWING RIGHTS WITH RESPECT TO YOUR PHI:

  • The Right to Request Limits on Uses and Disclosures of Your PHI. You have the right to ask SWEET LEAF HEALTH, LLC not to use or disclose certain PHI for treatment, payment, or health care operations purposes. SWEET LEAF HEALTH, LLC is not required to agree to your request, and I may say “no” if I believe it would affect your health care.

  • The Right to Request Restrictions for Out-of-Pocket Expenses Paid for In Full. You have the right to request restrictions on disclosures of your PHI to health plans for payment or health care operations purposes if the PHI pertains solely to a health care item or a health care service that you have paid for out-of-pocket in full.

  • SWEET LEAF HEALTH, LLC will provide you with a copy of your record, or a summary of it, if you agree to receive a summary, within 30 days of receiving your written request, and SWEET LEAF HEALTH, LLC may  have the Right to Choose How I Send PHI to You. You have the right to ask me to contact you in a specific way (for example, home or office phone) or to send mail to a different address, and I will agree to all reasonable requests.

  • The Right to See and Get Copies of Your PHI. Other than “SOAP notes,” you have the right to get an electronic or paper copy of your medical record and other information that SWEET LEAF HEALTH, LLC has about you. Sweet Leaf Health, LLC may charge a reasonable, cost based fee for doing so.

  • The Right to Get a List of the Disclosures SWEET LEAF HEALTH, LLC Has Made. You have the right to request a list of instances in which SWEET LEAF HEALTH have disclosed your PHI for purposes other than treatment, payment, or health care operations, or for which you provided me with an Authorization.  SWEET LEAF HEALTH, LLC response to your request for an accounting of disclosures within 60 days of receiving your request. 

  • The Right to Correct or Update Your PHI. If you believe that there is a mistake in your PHI, or that a piece of important information is missing from your PHI, you have the right to request that SWEET LEAF HEALTH, LLC correct the existing information or add the missing information.  SWEET LEAF HEALTH, LLC may say “no” to your request, but  SWEET LEAF HEALTH, LLC will tell you why in writing within 60 days of receiving your request.

  • The Right to Get a Paper or Electronic Copy of this Notice. You have the right to get a paper copy of this Notice, and you have the right to get a copy of this notice by e-mail. And, even if you have agreed to receive this Notice via e-mail, you also have the right to request a paper copy of it.

EFFECTIVE DATE OF THIS NOTICE

This notice went into effect on March 1, 2023

Acknowledgement of Receipt of Privacy Notice

Under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), you have certain rights regarding the use and disclosure of your protected health information. By checking the box below, you are acknowledging that you have received a copy of HIPAA Notice of Privacy Practices.

ELIGIBILITY

In order to qualify to use SWEET LEAF HEALTH, LLC services you must:

  • Be 18 years of age or older; 

  • Be located in the state of Connecticut where medical cannabis is legal; and 

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

You understand and agree that satisfying the above requirements does SWEET LEAF HEALTH, LLC and certain affiliated professional entities reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you. By using SWEET LEAF HEALTH, LLC Service, you expressly represent and warrant that you are at least 18 years old, have capacity to enter into this agreement, are located in a jurisdiction where medical cannabis is legal, agree to the terms of this Agreement, and that you will comply with this agreement in all respects. 

 

REQUIREMENTS FOR USE

You may only access SWEET LEAF HEALTH, LLC services using authorized means.  You must have compatible computing and/or mobile devices, access to the Internet, and certain necessary software in order to use the Website or mobile applications.  Fees and charges may apply to your use of the mobile services and to the Internet.  SWEET LEAF HEALTH, LLC reserves the right to terminate this Agreement should you be using the Service with an incompatible or unauthorized device.

YOUR RELATIONSHIP WITH SWEET LEAF HEALTH, LLC

SWEET LEAF HEALTH, LLC does not provide any medical services, including via the Sites and Services.  Rather, SWEET LEAF HEALTH, LLC provides a technology platform for you to access an independent licensed health care provider or similar affiliated professional entities and obtain access to additional information, which you may or may not choose to utilize in planning your health care and wellness.  The health and wellness resources made available through our Services are not a substitute for direct in-person health care services in all cases. The decision to focus on diagnosis, treatment recommendations, or both, rests with you and the health care provider. You understand that by coordinating and,  in certain cases, consulting with a licensed healthcare provider or an affiliate health care provider through the Services, you are not entering into a provider-patient relationship with SWEET LEAF HEALTH, LLC . You further agree that the opinions expressed by a licensed health care provider are solely those of the provider and are not an expression of opinion or medical diagnosis by SWEET LEAF HEALTH, LLC

SWEET LEAF HEALTH, LLC is not responsible for any fraud, falsifying, or misrepresentation that has been made from people falsely claiming to work with SWEET LEAF HEALTH, LLC . If you do get in contact with such person(s) you are required to contact us to verify they are an official representative of SWEET LEAF HEALTH, LLC.

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

CONSULTATIVE SERVICE

In some cases, a licensed healthcare provider or affiliated health care provider may use the Services to provide advice or treatment to you.  A licensed healthcare provider consulting with you through the Services may not have the benefit of information that would be obtained by examining you in person and observing your physical condition, in each instance.  Therefore, the health care provider may not be aware of facts or information that may affect his or her opinion regarding a potential diagnosis or treatment recommendation. To reduce the risk to you of this limitation,  SWEET LEAF HEALTH, LLC strongly encourages you to provide all relevant information and discuss any and all diagnosis and treatment options with a health care provider.  Moreover, a health care provider utilizing SWEET LEAF HEALTH, LLC may be limited by state law in prescribing certain medications to you without first conducting an in-person physical examination. By deciding to engage the Services, you acknowledge and agree that you are aware of these limitations and agree to assume the risk of these limitations. Furthermore, you agree and accept that: (i) any diagnosis you may receive is limited and, in some cases, provisional; (ii) the health care services are not intended, in all cases, to replace a full medical evaluation or an in-person visit with a health care provider; (iii) a health care provider acting through the Services may not have important information that is usually obtained through a “hands-on” physical examination; and (iv) the absence of a physical examination may affect the health care provider’s ability to diagnose any potential condition, disease or injury.  

PERSONALIZED COUNSELING

In some cases, a qualified cannabis consultant may use the Services to provide you general information about the cannabis plant.  By electing to have a personalized consultation, you understand and agree that  the information provided by the cannabis consultant is for informational purposes only, is not medical advice, and is not intended to diagnose or treat any medical condition.  You further understand and agree that the cannabis consultant’s opinions and recommendations are solely those of the consultant and not  SWEET LEAF HEALTH, LLC. SWEET LEAF HEALTH, LLC has no employment or agency relationship with any of the cannabis consultants using the Service and, as such, is not responsible or liable for any of the consultant’s opinions or recommendations. 

COMPLIANCE WITH ALL APPLICABLE MEDICAL CANNABIS LAWS

By signing up for SWEET LEAF HEALTH, LLC and/or using any of SWEET LEAF HEALTH, LLC Services, you expressly acknowledge that SWEET LEAF HEALTH, LLC is solely for qualified patients residing in Connecticut who have adopted legislation providing medical use of marijuana. You further represent that you are such a patient or, where permissible, the primary caregiver for such a patient. You expressly acknowledge that you are familiar and assume full responsibility for cooperating with all laws regarding the use, possession, cultivation, transportation, and distribution of medical cannabis. You further acknowledge that any of these activities may be illegal under state law unless all participants are acting completely within the scope of their respective states’ medical marijuana laws. You further acknowledge that you understand that the use, possession, cultivation, transportation, and/or distribution of cannabis is illegal under federal law, and that individuals are subject to arrest and/or prosecution by federal officials. You acknowledge and agree that SWEET LEAF HEALTH, LLC neither provides nor has any obligation to provide any legal protections, such as indemnification, with respect to any civil, criminal, or administrative proceeding, investigation, litigation, or prosecution. You must abide by and follow the laws of the state of Connecticut.

SWEET LEAF HEALTH, LLC SERVICES ARE EXCLUSIVELY FOR PERSONAL USE AND IN COMPLIANCE WITH APPLICABLE LAWS

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

REQUIREMENTS OF USE FOR THIRD PARTIES

In addition to the requirements in Section X (Access Rights and Prohibited Uses), all Third Party Providers, such as medical providers, medical cannabis collectives, cooperatives, and delivery services, must: 

  • Be legally organized and operating in Compliance with the laws of Connecticut;

  • Obtain, and maintain at all times, the required local business licenses and permits;

  • Make such licenses and permits available for inspection by the Company upon reasonable request;

  • Have all members and Users agree to be bound by the terms of a Collective or Cooperative Membership Application;

  • Obtain every member’s and User’s medical cannabis physician recommendation and verify its authenticity and the physician’s legal

  • standing to issue such recommendation;

  • Prohibit distribution and sales of medical cannabis products to non-members;

  • Provide adequate security to ensure that members are safe and protect the surrounding community.
     

ACCESS RIGHTS AND PROHIBITED USE

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

PAYMENT

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

 

In the event that your credit card expires or Sweet Leaf Health, LLC,  our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. Sweet Leaf Health  and/or the health care organization(s) and/or provider(s) have no obligation to provide any health care services unless and until full payment has been received and/or verified.

SUBMITTED MATERIALS AND USER-GENERATED CONTENT

All information, ideas, suggestions, concepts, or other materials submitted by you voluntarily or at our request, such as questions sent to us via the Website or user-generated content on our Social Media Presence (collectively, “Submitted Materials”) may be used by us in any lawful manner, provided that personal information portions of Submitted Materials will only be used as described in our Privacy Policy. By providing Submitted Materials you: (a) represent and warrant that you own or otherwise have all necessary rights to do so and that the Submitted Materials comply with all applicable laws; and (b) grant to us a royalty-free, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, and sublicensable right and license to copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell, export, and otherwise use such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed.  We cannot be responsible for maintaining any Submitted Materials that you provide to us; therefore, you should retain copies of all such data and information in your own records. 

SOCIAL MEDIA

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

Social media platforms are places of public information exchange, and you should have no expectation of privacy when using them. Specifically, neither these Terms nor our Privacy Statement apply to our Social Media Presence. The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of SWEET LEAF HEALTH, LLC. Comments that some would consider inappropriate or offensive may appear on our Social Media Presence and may remain there until they have been identified by us or called to our attention and we are able to work through the necessary procedures and technical processes to have them removed. If you see an offensive or inappropriate post or comment on our Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose. 

THIRD-PARTY WEBSITES AND CONTENT

Our Website may include materials from third-parties or links to third-party websites. We are not liable for any third-party materials or websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

DISCLAIMER OF WARRANTIES

You Expressly Agree That Your Use Of The Website Is At Your Sole Risk.  You Acknowledge And Agree That The Products And Services Are Provided Through The Website On An “As Is” And “As Available” Basis And Without Warranties Of Any Kind Either Express Or Implied.  To The Maximum Extent Permitted By Law, Sweet Leaf Health, LLC, Its Affiliated Professional Entities, And Their Officers, Directors, Employees, Agents, Members, Managers, Shareholders, And Representatives Sweet Leaf Health, LLC Disclaim All Warranties Of Any Kind, Express Or Implied, Or Statutory, With Respect To The Website And Products And Services, Including, But Not Limited To, Any Warranties Of Merchantability, Fitness For A Particular Purpose, And Non-Infringement.  If You Are Dissatisfied, Your Sole Remedy Is To Discontinue Use Of The Website And Products.

We Do Not Guarantee, Represent Or Warrant That Your Use Of Our Website Will Be Uninterrupted, Timely, Secure Or Error-Free. We Do Not Warrant That The Results That May Be Obtained From The Use Of The Website Will Be Accurate Or Reliable. You Agree That From Time To Time We May Remove The Website For Indefinite Periods Of Time Or Cancel The Website Or Any Product At Any Time, Without Notice To You. 

LIMITATION OF LIABILITIES

Except Where Otherwise Inapplicable Or Prohibited By Law, In No Case Shall Sweet Leaf Health, LLC Their  Parties,  Their Directors, Officers, Employees, Affiliates, Agents, Contractors, Interns, Suppliers, Service Providers, Or Licensors Be Liable For Any Injury, Loss, Claim, Or Any Direct, Indirect, Incidental, Punitive, Special, Or Consequential Damages Of Any Kind, Including, Without Limitation Lost Profits, Lost Revenue, Lost Savings, Loss Of Data, Replacement Costs, Or Any Similar Damages, Or For Any Damages For Personal Or Bodily Injury Or Emotional Distress, Including Death Or Any Similar Injury Or Damages, Whether Based In Contract, Tort (Including Negligence), Strict Liability Or Otherwise, Arising From Your Use Or Attempted Use Of Any Part Of The Website Or Any Products Or Services Procured On Or Through The Website, Or For Any Other Claim Related In Any Way To Your Use Or Attempted Use Of The Website Or Any Product Or Service, Including, But Not Limited To, Any Errors Or Omissions In Any Content, Or Any Loss Or Damage Of Any Kind Incurred As A Result Of The Use Of The Website Or Any Content (Or Product Or Service) Posted, Transmitted, Or Otherwise Made Available Via The Website, Even If Advised Of Their Possibility.

If, Notwithstanding The Limitation Of Liability Set Forth Above, Sweet Leaf Health, LLC Is Found Liable Under Any Theory, Sweet Leaf Health, LLC Liability And Your Exclusive Remedy Will Be Limited To The Total Amount Of Money You Paid To Sweet Leaf Health, LLC In The One (1) Year Period Immediately Preceding The Incident On Which Your Alleged Claim Is Based. This Limitation Of Liability Shall Apply For All Claims, Regardless Of Whether Sweet Leaf Health, LLC Was Aware Of Or Advised In Advance Of The Possibility Of Damages Or Such Claims. Some States Do Not Allow The Exclusion Of Certain Warranties, So Some Of The Above Exclusions May Not Apply To You And You May Have Additional Rights. Notwithstanding Anything In These Terms To The Contrary.

INDEMNIFICATION

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

DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

Please Read This Arbitration And Class Action Waiver Provision Carefully.  It Requires You To Arbitrate Disputes With Sweet Leaf Health, LLC Limits The Manner In Which You Can Seek Relief From Us.

Except Where Prohibited By Law, You Agree That Any Claim That You May Have In The Future Must Be Resolved Through Final And Binding Confidential Arbitration.  You Acknowledge And Agree That You Are Waiving The Right To A Trial By Jury. The Rights That You Would Have If You Went To Court, Such As Discovery Or The Right To Appeal, May Be More Limited Or May Not Exist. You Agree That You May Only Bring A Claim In Your Individual Capacity And Not As A Plaintiff (Lead Or Otherwise) Or Class Member In Any Purported Class Or Representative Proceeding. You Further Agree That The Arbitrator May Not Consolidate Proceedings Or Claims Or Otherwise Preside Over Any Form Of A Representative Or Class Proceeding. 

There Is No Judge Or Jury In Arbitration, And Court Review Of An Arbitration Award Is Limited. However, An Arbitrator Can Award On An Individual Basis The Same Damages And Relief As A Court (Including Injunctive And Declaratory Relief Or Statutory Damages), And Must Follow The Terms Of These Conditions Of Use As A Court Would.

a. General

Arbitration is a manner of resolving a “Claim” without filing a lawsuit. “Claim” means any dispute between you SWEET LEAF HEALTH, LLC, or any involved third-party relating to your account, your use of the Website, your relationship with SWEET LEAF HEALTH, LLC , these Terms, or the Privacy Policy. This includes any and all claims that relate in any way to your use or attempted use of the products, and any act or omission by SWEET LEAF HEALTH), LLC any third-party related to your use or attempted use of the products. You, SWEET LEAF HEALTH, LLC, or any involved third-party may pursue a Claim. SWEET LEAF HEALTH, LLC agrees to final and binding confidential arbitration should it have any Claims against you. Likewise, you agree to final and binding confidential arbitration should you have any Claims against.  By SWEET LEAF HEALTH, LLC agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to final and binding confidential arbitration. You further agree that all claims must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and that claims of more than one customer cannot be arbitrated or consolidated with those of any other customer. This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.

Notwithstanding anything to the contrary herein, (a) a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Completion Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) must be arbitrated on a class basis, (b) in the event that the foregoing clause is deemed invalid or unenforceable, a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Completion Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) may be brought in the state or federal courts located in the District of Columbia on a class basis, and (c) any claims other than for public injunctive relief must be arbitrated on an individual, non-class basis as otherwise set forth in this Section.

b. Exceptions

Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and SWEET LEAF HEALTH, LLC both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction.  SWEET LEAF HEALTH, LLC will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court. 

c. Required Pre-Dispute Procedures

We acknowledge and agree that before initiating any Claim against the other, we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by e-mail to info.slhealth@gmail.com.  SWEET LEAF HEALTH, LLC will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with SWEET LEAF HEALTH, LLC or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions below. Notwithstanding the foregoing or any other term of this arbitration agreement, we will have the right to seek injunctive or other equitable relief in state or federal court located in Connecticut to enforce these Terms or prevent an infringement of a third-party’s rights or our intellectual property rights, as stated in subsection “b” above. You hereby expressly consent to, and forever waive any challenge to, the exclusive personal jurisdiction and venue of said courts in such actions. 

d. Commencing Arbitration

You and SWEET LEAF HEALTH, LLC agree to commence any arbitration proceeding within 1 year after the Claim arises (the 1 year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred. 

e. Arbitration Location

If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in Connecticut unless.

f. Organization, Rules and the Arbitrator

We each agree that any and all Claims other than those exempted under subsection “b” above shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association (“AAA”). Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party, within the time period set forth in subsection “d” above. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Consumer Arbitration Rules, in effect at the time of submission of the demand for arbitration. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or SWEET LEAF HEALTH, LLC.

g. Fees

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules.

FEE AND REFUND POLICY

A fee of $50 is charged at the time of appointment booking with the remainder of the service fee due at time of service and non-refundable. In the event that you miss your appointment and do not notify us within 24 hours, there will be a $50 no show fee assessed. The Company does not have to refund you for any charges or fees you have paid no matter what the scenario. The Company reserves the right to refund you if deemed necessary. This no-refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Application or Service either planned, accidental or intentional, or any reason whatsoever. The Company reserves the right to determine final prevailing pricing. Please note the pricing information published on the website may not reflect the prevailing pricing.

The Company, at its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. The Company may change the fees for our Service or Application, as we deem necessary for our business. We encourage you to check back at our website periodically if you wish to learn more regarding how we charge for the Service of Application.

NO AGENCY RELATIONSHIP

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

SEVERABILITY

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

TERMINATION

The Terms of Use, and any policy incorporated herein, will remain in full force and effect as long as you continue to access or use SWEET LEAF HEALTH, LLC Website or Services.  You may terminate the Terms of Use at any time by discontinuing use of the Sites. Your permission to use the Sites automatically terminates if you violate these Terms of Use.

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

ENTIRE AGREEMENT

These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and  SWEET LEAF HEALTH, LLC and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms or attendant policies shall not be construed against the drafting party.

Sweet Leaf Health . 28 Bulkeley Hill Road, Colchester, CT 06415

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