Terms & Conditions

Last Updated August 2025

Acceptance of Terms

Welcome to Leafy Peaks Dispensary’s website and services. These Terms and Conditions (“Terms”) govern your access to and use of the Leafy Peaks website, online ordering system, in-store and delivery services, loyalty program, and any events or promotions we host (collectively, the “Services”). By accessing our website, creating an account, placing an order, joining our loyalty program, or otherwise using our Services, you agree to be bound by these Terms. If you do not agree, you must discontinue use of the Services. These Terms constitute a binding agreement between you and Leafy Peaks Dispensary (“Leafy Peaks,” “we,” “us,” or “our”). Leafy Peaks is a New York State licensed adult-use cannabis dispensary, serving recreational customers age 21 and over. We operate in strict compliance with New York State cannabis laws under License No. OCM-CAURD-24-000099. All users of our Services must be of legal age and adhere to applicable law as detailed below.

Eligibility and Age Verification

21+ Adults Only: Our Services are intended solely for adults 21 years of age or older, in accordance with New York State law. You must be at least 21 years old to access our website, create an account, make a purchase (in-store or delivery), attend any events, or participate in our loyalty program. By using our Services, you affirm that you are 21 or older. We have age-gating measures on our site and will deny access if you indicate you are under 21.

ID Verification: To enter our dispensary or receive a delivery, valid government-issued photo identification showing proof of age 21+ is required. Acceptable IDs include a driver’s license, passport, or other form of government ID that is current and verifiable. We reserve the right to verify your age and identity at any point. You agree to present proper ID in person upon request by our staff or delivery personnel. Only adults 21 and over may enter our dispensary – no minors (under 21) are allowed on the premises, even if accompanied by an adult. We strictly enforce this policy per state regulations. Any attempt to falsify your age or use our Services as an underage person (or on behalf of an underage person) is a violation of these Terms and will result in refusal of service and possible notification to law enforcement.

No Medical Card Required: Leafy Peaks operates as a fully recreational dispensary; no medical marijuana card is needed to shop with us. However, medical marijuana patients under 21 are not permitted to purchase adult-use cannabis from Leafy Peaks. All customers must meet the 21+ age requirement without exception.

By accepting these Terms, you certify that you are of legal age and eligible to use cannabis in New York, and that you will not allow any other (ineligible) person to access our Services using your identity.

Compliance with New York State Law

Leafy Peaks Dispensary is committed to full compliance with New York State’s recreational cannabis laws and regulations. By using our Services, you agree to comply with all applicable laws and regulations regarding cannabis use, possession, purchase limits, and consumption. Key points of compliance include:

Purchase Limits: We will not sell or supply you with more cannabis than allowed by law. Under New York law, adults 21+ may purchase and possess up to 3 ounces of cannabis flower and up to 24 grams of concentrated cannabis (extracts, vapes, etc.) at any one time. We strictly enforce these limits. You agree not to attempt multiple transactions or other means to circumvent legal limits. We may refuse or cancel orders to ensure compliance with daily or cumulative limits. All sales and deliveries are logged to prevent any individual from exceeding state-imposed quantities.

Personal Use Only: All cannabis products obtained from Leafy Peaks are intended for personal, lawful use only. You may not redistribute or resell cannabis products to any other person. You are strictly prohibited from providing or gifting our products to minors. Purchasing on behalf of a minor or any third party is illegal and grounds for immediate refusal of service. You assume all liability for using our products in compliance with the law.

In-State Use and Transport: Cannabis products sold by Leafy Peaks are intended for use within New York State only. It is illegal to transport cannabis across state lines, even to other states where cannabis is legal. We do not ship products, and you agree not to send or transport products outside New York. You also agree not to bring our products onto federal property or any location where cannabis is prohibited.

No On-Site Consumption: For safety and compliance, consumption of cannabis is not allowed on our premises or in the immediate vicinity of the dispensary. You may not smoke, ingest, or use cannabis products inside the store, in our parking areas, or at any Leafy Peaks-sponsored event unless explicitly designated as a consumption-permitted event (and in compliance with all laws). We reserve the right to refuse service or remove anyone who consumes or is intoxicated on premises. Please consume responsibly at a private location in accordance with state and local laws.

Health and Safety Warnings: Cannabis products have associated health and safety risks. For use only by adults 21 and older. Keep cannabis products out of reach of children and pets. In case of accidental ingestion or overconsumption by a child or pet, seek immediate medical help or call Poison Control at 1-800-222-1222. Cannabis can impair concentration, coordination, and judgment – do not operate a vehicle or machinery under the influence. If you are pregnant or nursing, consult with your doctor before using cannabis. If you or someone you know struggles with substance use, help is available through New York State’s HOPEline at 1-877-846-7369. By using our products, you assume responsibility for following all health and safety guidelines.

Product Compliance: All cannabis products we sell are obtained from licensed producers and are lab-tested as required by New York regulations to ensure quality and safety. Products come in child-resistant packaging and include required labeling regarding THC content and warnings. You agree not to tamper with or alter any packaging or labels. We make no medical claims about our products’ efficacy and do not purport that any product will diagnose, treat, cure, or prevent any disease. Any health-related information we provide is general in nature (see “Disclaimers” below).

Online Ordering and In-Store Pickup

Online Menu and Ordering Platform: Our website features a live product menu for browsing and ordering. In some cases, clicking “Shop” or product categories may redirect you to a secure third-party e-commerce platform to complete your order. You may be required to create an account or log in to place an order. All product listings, descriptions, pricing, and availability are subject to change without notice. We strive to keep the online menu updated, but if an item you ordered is out of stock or mispriced, we will inform you and may cancel that item or suggest a substitution before pickup.

Order Confirmation: When you submit an online order, you should receive an order confirmation (on-screen and/or via email or text). This confirms that we have received your request. However, all orders remain subject to our review and acceptance. We reserve the right to cancel or refuse any order (prior to pickup) for reasons including, but not limited to, suspected fraud, user ineligibility, inventory issues, pricing errors, or potential violations of law or these Terms. If we cancel an order, we will attempt to notify you using your provided contact information.

Pickup Process: Once your order is prepared and ready, you may pick it up in person at our dispensary location. You must present the same valid 21+ photo ID at pickup that matches the name on the order. We will verify your identity and age before releasing the order to you. Only the individual who placed the order (the named customer) may pick up the order. We cannot release online orders to third parties or proxies, even if they are 21+, for security and compliance reasons. If you need to change the pickup name or cancel the order, please contact us promptly.

Payment at Pickup: Payment for online pickup orders is due at the time of pickup in-store. We are a cash-only business due to federal banking restrictions. We cannot process credit or standard debit card payments for cannabis purchases. We have an ATM on-site for your convenience. Some forms of cashless payment (such as a cashless ATM debit transaction) may be available – inquire in-store – but credit cards are not accepted. You agree to bring sufficient payment in US currency to complete your purchase. All prices are listed in U.S. dollars and are subject to applicable New York State and local sales/excise taxes. Any advertised prices or discounts will be applied at the register. If you fail to pay for your order or do not have valid ID at pickup, we will cancel the transaction and return the items to inventory.

Order Holding and Cancellation: We will hold your confirmed pickup order for a limited time. Generally, pickup orders should be collected the same day if possible, or within 24 hours of notification that your order is ready. If you anticipate a delay or need to arrange a specific pickup time within our business hours, please communicate with our staff. Orders not picked up in a timely manner may be canceled. We reserve the right to cancel any unclaimed orders after the close of business on the scheduled pickup day. If your order is canceled (either by you or by us), you will not be charged; if you pre-paid any amount (unlikely in a cash-only model), we would refund that amount. Leafy Peaks is not liable for any inconvenience or loss you may incur due to a canceled order.

Pickup Regulations: When picking up your order, you must comply with all in-store rules and instructions from our staff. This includes not opening or consuming products on-site, following any queue or check-in procedures, and adhering to any applicable health and safety protocols. We appreciate your cooperation to ensure a smooth and safe pickup experience for all customers.

Delivery Service

Leafy Peaks is proud to offer a cannabis delivery service for eligible customers in our region, providing a convenient way to receive your order at home. By requesting a delivery order, you agree to the following terms and conditions specific to deliveries:

Delivery Area: Delivery is available within certain areas of New York State. We offer delivery to select locations including Waterford, Albany, Troy, Clifton Park, and nearby communities. Our delivery zone may expand or change over time. When you place a delivery order, our system will confirm whether your address is within our service area. We reserve the right to decline delivery to addresses outside our approved zone or to specific locations that we determine are not safe or permissible (for example, federal property, schools, or any location where delivering cannabis would violate the law or state regulations).

Ordering for Delivery: To place a delivery order, you must use our online ordering system and select the delivery option at checkout. A minimum order value or a delivery fee may apply; any such requirements will be disclosed during the ordering process. You will be prompted to provide a valid delivery address, your contact information (name, phone number, email), and any special instructions. The name on the order must match the identity of the person who will receive the delivery. For compliance, the purchaser and receiver should be the same individual. We may call or text you to confirm the order and coordinate delivery timing.

Adult Receipt & ID at Delivery: Deliveries will only be made to a live adult (21 or older) at the specified address. Upon arrival, our delivery employee will require you to present your government-issued photo ID to verify that you are the legal purchaser and are at least 21. We will also likely ask you to sign a receipt or acknowledgment of the delivery. The name and ID must match the order; our driver will not leave the package with anyone else (even another adult) and will not leave it unattended. If you are not present, or if you cannot produce acceptable ID, the delivery cannot be completed. In such cases, we will treat it as a failed delivery attempt.

Payment for Delivery Orders: Payment for delivered orders is collected at the time of delivery. As with in-store sales, payment must be in cash (U.S. currency) unless we explicitly offer an alternative. Please prepare the exact amount (or close to it) for your order total, including any taxes and delivery fee (if applicable), as our drivers carry limited change. We do not currently accept credit cards, and personal checks are not accepted. If a mobile debit payment solution is available, we will inform you when confirming the order. Failure to provide payment upon delivery will result in non-completion of the sale. The order will be returned to the dispensary, and you may be responsible for any applicable restocking fee or be required to pre-pay for future delivery attempts.

Scheduling and Timeliness: We strive to offer same-day delivery when possible, but delivery times are subject to traffic, weather, and volume. When your order is confirmed for delivery, we will provide an estimated delivery window. This is an estimate, not a guarantee. We will do our best to arrive within that window and will contact you if there are significant delays or issues finding your address. You are responsible for being available to receive the delivery during the scheduled window. If we attempt delivery and you are unreachable or not at the location, our driver will wait briefly and attempt to contact you. If the delivery still cannot be completed, it will be marked as failed.

Failed Delivery Attempts: If a delivery fails due to no fault of ours (e.g., you were not present, no valid ID, or no payment), we may cancel the order. You will not be charged for the products (since no payment was collected), but we reserve the right to charge a nominal fee for the failed trip or to require that future orders from you be pickup-only or pre-paid. Repeated failed delivery attempts or refusals may result in loss of delivery privileges. If the failure was due to an issue on our side (e.g., our driver could not safely complete the delivery), we will contact you to reschedule at no additional charge.

Delivery Conditions: Our delivery personnel have the right to refuse to complete a delivery if they arrive and find that the situation is unsafe or violates our policies. This includes, for example, if the recipient appears to be underage, if there are minors present attempting to accept the order, if the recipient is visibly intoxicated or incapacitated, or if other circumstances cause concern for the driver’s safety (such as threatening behavior or a dangerous environment). In such cases, the driver will not hand over the products and will return them to the dispensary, and we will treat it similar to a failed delivery. We may also refuse delivery to any address that presents repeated safety concerns or legal issues.

Risk and Liability: Once a delivery is made and accepted by you (i.e., you have shown ID, paid, and signed for the products), ownership and risk pass to you. Please inspect your order upon delivery. If any item is missing or incorrect, inform the driver or contact us immediately so we can address it. We will record what products were delivered; you are responsible for them after acceptance. Leafy Peaks is not liable for any loss or theft of products after delivery. We also are not liable for delays or inability to deliver due to circumstances beyond our control (such as severe weather, road closures, or government actions), though we will communicate and attempt delivery as soon as feasible in such cases.

All delivery orders are also subject to the “Returns and Refunds” policy below.

Payment and Purchase Limits

When you purchase cannabis products or accessories from Leafy Peaks, whether in-store, via pickup, or delivery, the following payment and purchase limit terms apply:

Payment Methods: Leafy Peaks currently accepts cash payment only for all cannabis product transactions. This is due to federal banking restrictions that prevent us from taking credit cards or many forms of electronic payment for cannabis sales. We apologize for any inconvenience. There is an ATM available at our premises for your convenience (ATM fees may apply). For deliveries, please have cash ready for the driver (our drivers do not carry significant change for safety; exact or near-exact payment is appreciated). In the event we introduce additional payment options (such as debit or digital payment services), we will update these Terms and inform customers. Personal checks are not accepted, and we discourage large cash bills ($100s) as making change can be difficult.

Pricing and Taxes: All prices for products are displayed in U.S. dollars. Cannabis sales in New York are subject to state and local taxes (including the 13% state excise tax on adult-use cannabis, which consists of a 9% state excise and 4% local excise portion). Unless explicitly stated, assume that posted prices do not include these taxes; taxes will be calculated and added at the point of sale (either during online checkout or at the register). We endeavor to ensure accurate pricing on our menu. However, if a product is listed at an incorrect price due to a typo or technical error, we reserve the right to correct the price and either cancel the order or offer you the opportunity to purchase at the correct price. We will honor any valid discounts or promotions that apply at the time of purchase. Only one discount may apply per purchase (unless otherwise stated). Discounts cannot typically be stacked with loyalty point redemptions or other offers, subject to our discretion.

Purchase Limits: As noted under Compliance with Law, New York limits how much cannabis a customer can buy or possess. Our policy is to enforce the legal purchase limits: currently up to 3 ounces of flower and 24 grams of concentrate per person. These limits apply per transaction and cumulatively per day across multiple purchases. Our systems track daily sales per customer (when possible by ID/account) to ensure compliance. We will refuse a sale that would cause a customer to exceed legal limits. You agree not to attempt to evade these limits by using multiple accounts or other means. We also note that state law prohibits purchasing more than the possession limit within a single day – please do not attempt to visit multiple dispensaries in one day to get around the rules. For any single online order, the system should prevent selections over the limit. If a mistake occurs, we will adjust the order.

Right to Limit Quantities: We reserve the right to limit product quantities even below the state maximums, at our discretion. For example, if a particular product is in limited supply, we might limit each customer to a certain amount to ensure fairness. Additionally, during promotions or high-demand periods, we may cap the number of items one person can buy. These temporary limits will be communicated (e.g., “limit 2 per customer”). You agree to respect any such limits. We also may decline extraordinarily large cash purchases or require manager approval for big transactions as part of anti-diversion policy.

Transaction Completion: A purchase is only final when payment has been received and the product handed over to you. Until that point, we retain ownership of the product. We reserve the right to decline completing a sale for any reason until it is finalized. Once you have paid and received the product, the sale is complete and title transfers to you (subject to the no-resale personal use covenant above).

Errors and Discrepancies: Please review your receipt and change (if any) at the time of purchase. If you believe there was an error (e.g., you were overcharged or received incorrect change), bring it to our attention immediately so we can correct it. We will investigate and, if an error on our part is confirmed, issue the appropriate refund or correction. We will not honor obviously incorrect prices (for example, a $50 item accidentally listed for $5 due to a decimal error), and we will inform you if such a mistake affected your order.

By making a purchase, you agree to pay all due amounts (including taxes and fees, if any) and adhere to the legal limits. All purchases are subject to our “No Returns” policy described below. If you have any questions about pricing or payment, please ask our staff prior to completing your transaction.

Returns and Refunds

All Sales Are Final: Due to strict regulations and quality control for cannabis products, Leafy Peaks does not accept returns or exchanges on cannabis products. Once a product has left our premises (or been delivered to you), we generally cannot take it back. This policy is in line with state health and safety rules – we cannot resell or reuse a product once it’s been dispensed to a customer. Therefore, please choose your products carefully and ask our budtenders any questions before purchase.

We do not offer refunds except in very limited circumstances (such as a product recall or an error on our end as described below). Any accessory or non-cannabis merchandise (e.g., branded apparel, pipes) may be returnable or exchangeable at our discretion if unused and defective, but this will be handled case-by-case.

Quality Issues or Defects: If you experience a genuine issue with a product (for example, the product was defective, improperly sealed, or not what you ordered), please contact our Waterford location directly as soon as possible. While we cannot promise a return, we want you to have a safe and positive experience. We may arrange to exchange a defective product for the same item (if allowed and available) or provide a store credit or other remedy, if permitted by law. For instance, if a vape cartridge you bought is found to be leaking or non-functional upon first use, bring it in (with your receipt) and we will evaluate the situation. Any such exchanges must be requested within 7 days of purchase and with the majority of the product unused. We cannot consider exchanges or credits for products that have been largely consumed or due to subjective dissatisfaction (e.g., “I didn’t like the effect” or “this strain is too strong/weak”).

Product Recalls: In the rare event of a product recall (mandated by a producer or regulator), we will follow the instructions of the recall. This may involve accepting a return of the recalled product for disposal and providing a refund or replacement as directed. We will notify affected customers if such a recall occurs.

Incorrect Orders: If we made an error and gave you the wrong item or a different quantity than you paid for, please let us know. We will verify against our records, and if we confirm the mistake, we will correct it (either by providing the missing item, exchanging the wrong item for the correct one, or issuing a refund for the difference). Any discrepancy should be reported promptly, ideally the same day or within 24 hours of purchase or delivery.

No Returns on Personal Preference: We cannot take back a product simply because you changed your mind or didn’t enjoy it. Cannabis affects everyone differently, and individual preferences vary. We encourage you to start with small quantities or ask our staff for recommendations if you are trying something new. But once purchased, the product is yours.

This returns policy is subject to applicable law. If New York law requires a different handling of returns in certain cases, we will comply with the law. Otherwise, by transacting with us, you accept that returns and refunds are highly limited. We value customer satisfaction and will do our best to resolve any legitimate issues within the bounds of the law and our policies.

Loyalty Program

Leafy Peaks offers a customer loyalty program (“Leafy Peaks Loyalty” or “the Program”) to reward our valued customers. By enrolling in or participating in the loyalty program, you agree to the following specific terms, in addition to all other provisions of these Terms:

Program Overview: The loyalty program allows customers to earn points on purchases and unlock exclusive rewards and promotions. Program members accumulate points for each qualifying purchase at Leafy Peaks. These points can later be redeemed for discounts on future purchases or other rewards that we may offer from time to time (such as free merchandise, access to special deals, event invitations, etc.). The program may also involve member-only communications, like early announcements of new product drops or promotions.

Eligibility and Enrollment: The Program is open to legal adults 21 and over. You do not need to make a purchase to join, but you must opt-in to enroll. Enrollment may be done in-store or online via our loyalty sign-up page (which may be hosted on a third-party site). To join, you will need to provide some personal information such as your name, date of birth, phone number, and/or email, and agree to receive loyalty communications (see Marketing Communications Consent below). Only one loyalty account is permitted per person/phone number or email. If we discover multiple accounts for the same individual, we may merge or cancel duplicate accounts at our discretion. Participation in the loyalty program is free of charge.

Earning Points: Points are typically earned at a base rate (e.g., 1 point per $1 spent) on qualifying purchases. We will publish the current earning rate and any promotions that affect earnings (for example, “double points days”). Points will usually be added to your account after the transaction is completed (and paid). Certain purchases may not be eligible to earn points, such as discounted items, promotional freebies, or taxes and fees. We reserve the right to determine which products or categories earn points. Points have no monetary value outside of the Program; they are purely a promotional reward mechanism. Points cannot be converted to cash and are not property of the member – they are a revocable license to a discount.

Redeeming Points: We will periodically establish reward tiers or offers for which points can be redeemed (e.g., a $5 discount for 100 points). The specific redemption options and their point costs will be communicated via our website or in-store materials. To redeem, you must inform the cashier or select the redemption in your online order at checkout. Points can only be redeemed in accordance with the offers we make available; you cannot redeem them for cash or any item not on the rewards menu. Once points are redeemed for a reward (and the purchase is completed), those points will be deducted from your balance. Points cannot be combined with other offers or discounts if not explicitly allowed. We may also limit one reward redemption per transaction or per day, in line with typical policies.

Point Balance and Expiration: You can inquire about your point balance in-store or via whatever account portal we provide. At this time, Leafy Peaks Loyalty points do not expire on a set schedule; however, we reserve the right to introduce an expiration policy in the future with notice to members. If no expiration is stated, your points remain active as long as the Program is active. If we believe an account has been abandoned or if there has been no activity for an extended period (e.g., 12 months), we might consider it inactive and possibly clear the points, but we would attempt to notify you first. We will also deduct any points that were granted in error or obtained through fraud.

Program Communications & Consent: By joining the Program, you agree to receive communications about your rewards, points, and exclusive member offers. This may include emails, text messages, or other forms of contact you provided. These communications are part of the loyalty service (separate from general marketing) and are covered by the Marketing Communications Consent section below. You can opt out of marketing messages, but transactional or account-related messages (like point balance or changes to terms) may still be sent as needed. If you opt out of all communications, you might not receive full benefit of the program.

Non-Transferability: Your loyalty account and points are personal to you. Points and rewards cannot be transferred, assigned, or sold to anyone else. You cannot combine your points with another person’s points. If a purchase is made under your account, the points go to you only; we cannot split points between accounts. We may require ID verification when redeeming rewards to ensure the person using the points is the account holder (for example, the name on your loyalty account must match your photo ID, similar to purchase ID checks).

Program Changes and Termination: Leafy Peaks reserves the right to modify or terminate the loyalty program at any time. This means we may change how points are earned or redeemed, adjust point values, impose caps or blackout dates, or end the program entirely, in our sole discretion. If we terminate the program, we will provide notice and attempt to give you a chance to use any remaining points before termination, if practicable. We have no obligation to offer any compensation for unused points if the program is discontinued. Similarly, if we merge the program into another program or transfer it due to a business change, your points may be transferred to the new program with equivalent value or otherwise handled fairly.

Misuse and Account Termination: We reserve the right to disqualify or terminate your loyalty account (and void or confiscate points) if, in our judgment, you have violated the program rules or engaged in any fraud, abuse, or inappropriate conduct. Examples include: using multiple accounts, exploiting system glitches for points, falsifying purchases, or harassing staff for unearned points. If your account is terminated due to misuse, you forfeit all accumulated points and rewards. We also reserve the right to correct any point balance that we believe is in error (whether due to our mistake or your manipulation).

No Guarantees: We will endeavor to administer the program as described, but we do not guarantee the continued availability of any particular reward, benefit, or level. All rewards are subject to availability (e.g., if a reward is a specific product and it sells out, we may substitute something of similar value or points will remain until you choose another reward). We are not responsible for communication failures (like if you don’t receive an offer email due to spam filters). Participation in the program is at your own choice and risk.

The loyalty program is meant to be a fun and rewarding extra for our customers. It is not a contractual right, and points are promotional in nature. By joining, you agree to these terms. If you wish to opt out of the program, you may do so by contacting us and we will deactivate your membership (any unused points will be forfeited at that time).

Marketing Communications Consent

By providing your contact information to Leafy Peaks (such as your phone number or email address) and by using our Services (including signing up for the loyalty program or email newsletter), you consent to the following regarding communications:

Email Communications: If you supply us with your email (for example, by subscribing to our mailing list or creating an account), we may send you marketing and promotional emails from time to time. These may include news about new product arrivals, special offers, upcoming events, or educational content about cannabis. You can opt out of marketing emails at any time by clicking the “Unsubscribe” link included in the footer of our emails or by contacting us to request removal. Even if you opt out of marketing emails, we may still send you transactional or service emails that are necessary for our Services, such as order confirmations, receipts, responses to inquiries, or notices of changes to these Terms.

SMS/Text Message Communications: If you provide a mobile phone number and opt-in to receive SMS communications (for example, by texting a keyword to us, checking a box to receive texts, or signing up through our loyalty program which requests SMS consent), you agree to receive recurring autodialed or prerecorded text messages from Leafy Peaks at that phone number. These texts may include marketing content (promotions, reminders of deals, etc.), loyalty program updates, or order/delivery notifications. Your consent to receive text messages is not a condition of purchase. Message and data rates may apply according to your wireless plan.

Frequency of Messages: Marketing messages may be sent periodically, typically not exceeding a few per week. Order-related messages will occur whenever you have an active order (for example, a text when your delivery is en route). We strive to avoid excessive messaging.

Opt-Out for Texts: You can opt out of SMS messages at any time. To stop receiving text messages from us, you can reply with the word “STOP” to any Leafy Peaks text message (or follow any instructions provided in the message). After texting STOP, you may receive one final confirmation message and then no further promotional texts. You can also request to opt out by contacting us directly, and we will remove your number from our SMS list. Please allow a short time for opt-out requests to be processed.

Help or Support: If you need assistance with the text program, you can reply “HELP” to any message for basic instructions, or contact us at our store number for support. Standard carrier terms and conditions apply.

Email Opt-Out: Use the unsubscribe link in emails or contact us to remove your email from our marketing list. We will promptly honor such requests, but note it might take a few days to fully remove you from all campaigns.

Consent and Privacy: By consenting to email/SMS, you confirm you are the owner or authorized user of the contact information provided and that you are legally allowed to consent. Your contact details will be used in accordance with our privacy practices (see Privacy and Data Protection below). We will not share your phone number or email with unauthorized third parties for their own marketing. Communications will come from Leafy Peaks or our service providers acting on our behalf. However, text messages might be delivered via third-party platforms or your cellular provider, which we do not control.

Third-Party Marketing: We may occasionally include content in our communications on behalf of our partners (for example, a featured brand or vendor’s promotion), but these will still come from us. We will not sell your contact info to third-party marketers without your explicit consent.

Revocation of Consent: If you initially consent to marketing communications but later withdraw consent (opt out), we will mark your preference and cease marketing to that contact method. This will not affect your ability to use our Services; you can continue to shop and be a loyalty member without marketing messages.

Events and Promotions

From time to time, Leafy Peaks may host or sponsor special events, promotions, or contests for our customers. This section outlines terms related to such activities:

21+ Only: All Leafy Peaks events (whether in-store, off-site, or virtual) are restricted to adults 21 and over, in alignment with cannabis regulations and our own policies. For in-person events (such as a vendor pop-up, educational workshop, community gathering, etc.), attendees will be required to show valid 21+ identification for entry, just as you would at our dispensary. We reserve the right to refuse entry to anyone unable to prove they are 21 or older. For any online or virtual events or contests, participants must likewise be 21+ and residents of applicable areas if specified.

Event Terms: Specific events or promotions may come with their own set of terms, conditions, or rules. For example, a contest or giveaway might have official rules detailing how to enter, eligibility, prize details, etc. Or an event might require signing a waiver (especially if there are any activities or if photos/videos will be taken). Any such specific rules will be provided at the time of the event/promotion. Those specific terms are incorporated into these Terms by reference. In case of any conflict, the specific event rules will govern for that event, and these general Terms will govern everything else.

Promotional Offers: Occasionally, we may run promotional offers (such as discounts, coupon codes, or BOGO deals). All promotions are subject to change and availability. We may set conditions for promotions (e.g., “valid while supplies last,” “limit one per customer,” or “only valid on certain dates/products”). We reserve the right to end or modify a promotion early if circumstances require (for example, if prohibited by law or if inventory runs out). Unless expressly stated, promotional discounts cannot be combined with other offers or loyalty redemptions.

Event Conduct: When attending any Leafy Peaks event or participating in a promotion, you are expected to behave in a manner consistent with our Prohibited Conduct guidelines and any event-specific rules. This includes respecting others, following instructions from event organizers or staff, and not engaging in illegal or disruptive behavior. We reserve the right to remove or exclude from an event any individual who violates these standards or who poses a safety or legal risk.

Assumption of Risk: If you participate in an event, you understand that aspects of the event may carry inherent risks. For example, if it’s a tasting or demo event, consuming cannabis is at your own risk and you should use good judgment. If the event involves any physical activity or travel, be mindful of your health and safety. Leafy Peaks is not responsible for injuries or losses that occur due to reckless or irresponsible behavior during an event. We will operate events safely and in accordance with law.

Photography/Media: By attending a Leafy Peaks event, you acknowledge that the venue or our staff may take photos or videos in which you could appear. We may use these for promotional purposes (for example, posting on social media to highlight the event). If you have concerns, please notify us at the event. Otherwise, you consent to our use of event photography that incidentally includes you, without compensation. We will not sell your image or personal details, and any media will generally focus on the event atmosphere.

Cancellation or Changes: We reserve the right to cancel, postpone, or modify any event or promotion at our discretion. Reasons might include low registration, inclement weather, or regulatory advisories. If you have signed up or RSVP’d for an event that gets canceled or changed, we will attempt to notify you using the contact info you provided. If there was a fee or ticket for an event that is canceled, we will refund that fee. Otherwise, Leafy Peaks is not liable for any out-of-pocket expenses you may have incurred in anticipation of an event.

Third-Party Events: Sometimes we may promote or be involved in events run by third parties. In such cases, additional third-party terms or waivers may apply. We are not responsible for the organization or operation of third-party events; we are only responsible for our own conduct within them.

If you’re good with this flow, the next section will be Prohibited Conduct and Refusal of Service, followed by Privacy & Data Protection, Third-Party Services, Intellectual Property, Disclaimers, Limitation of Liability, and Contact Information — which will complete the full clean version.

Prohibited Conduct and Refusal of Service

Leafy Peaks is dedicated to providing a safe, lawful, and welcoming environment for all customers. Certain behaviors are strictly prohibited, and violating them may result in refusal of service, banning from the premises, and/or termination of your account. By using our Services, you agree that you will NOT:

Provide Access to Minors: No minors (under 21) are allowed in our store or to use our Services. You will not bring any minor onto our premises, and you will not purchase or attempt to purchase cannabis products for anyone underage. You also will not allow minors to use your account or access our website. Any such attempt is illegal and grounds for immediate refusal of service and reporting to authorities.

Use False Identification or Information: You will not present false, fraudulent, or borrowed identification to gain entry or purchase products. You will not create accounts using false information or alias identities. Impersonating someone else (including using another person’s ID or credentials) is prohibited and may be referred to law enforcement.

Engage in Straw Purchasing or Diversion: You will not purchase products on behalf of another person who is not present and eligible. You will not divert cannabis products to the illegal market or across state lines. Any sign that you are buying unusually large quantities or immediately reselling/gifting outside of what is allowed by law may cause us to refuse the sale. We reserve the right to refuse a transaction if we reasonably suspect you are not the end user of the product or are attempting to exceed legal limits by proxy.

Be Intoxicated on Premises: You may not enter or remain in our store if you are visibly intoxicated or under the influence of drugs to the point of impairment. For everyone’s safety, our staff will refuse service and ask you to leave if you appear to be inebriated (whether from alcohol, cannabis, or other substances). Similarly, you must not consume any cannabis product (ours or otherwise) inside the dispensary or in the immediate vicinity, including the parking lot. Consuming cannabis is not allowed on the premises by law. We also advise against congregating outside the store after purchase to use products, as it can violate public consumption laws and disturb neighbors.

Harass or Abuse Others: We require all customers to treat our staff and other patrons with respect. Any form of harassment, abuse, threats, or intimidation – whether verbal, physical, or written (including online) – is strictly forbidden. This includes derogatory or offensive language, hate speech, unwanted touching, or any behavior that creates a hostile environment. We reserve the right to eject and ban anyone who mistreats our employees or customers. Violence or threats will result in an immediate ban and possible police involvement.

Carry Weapons: For the safety of all, weapons are not permitted on our property. Even if you have a legal firearm permit, we request that you do not bring firearms or other weapons into the dispensary. Our security personnel may ask you to leave if you are found with a weapon (law enforcement officers on duty are an exception). We also prohibit brandishing of any object in a threatening manner.

Engage in Illegal Activity Onsite: You must not engage in any illegal transactions or behavior on our premises. This includes illicit drug activity, attempting to sell anything to other customers, or any form of theft or vandalism. We have surveillance and will act on any theft or willful destruction of property. Law enforcement may be notified.

Violate Website Security: When using our website, you will not attempt to circumvent security measures or gain unauthorized access to any systems. You will not attempt to inject malicious code, hack our databases, or perform any penetration testing without permission. Any such attempts may result in legal action. Additionally, you will not use automated scripts or bots to repeatedly access our site, overload our servers, or scrape content in violation of our Intellectual Property clause.

Post Prohibited Content: If our website or social media allows any user-generated content (such as reviews, comments, or messages), you agree not to post anything that is illegal, obscene, defamatory, infringing, or otherwise objectionable. This includes spam and advertisements not authorized by us, as well as any content that violates privacy or intellectual property rights of others. We reserve the right to remove any such content and possibly ban the user responsible.

Refusal to Cooperate with Policies: You must follow all reasonable instructions from Leafy Peaks staff or security personnel regarding safety and compliance. This might include requests to show ID, to follow health protocols, or to keep personal items off certain areas. Willful refusal to follow our store policies is grounds for service refusal.

Refusal of Service: We reserve the right to refuse service to anyone for any reason that does not violate discrimination laws. Grounds for refusal include (but are not limited to) any of the prohibited conducts above, as well as presenting a risk to our compliance, causing disturbance to operations, or any behavior that in our judgment is disruptive or unsafe. If we refuse service, you will be asked to leave the premises (or the interaction will be terminated if online/phone). Failure to comply may result in involvement of security or law enforcement.

Banning and Termination: In cases of serious or repeated misconduct, we may ban you from the premises and/or terminate your online account. If you are banned, you are no longer authorized to enter our store or use our delivery service. If you violate a ban, you may be trespassing. We may also remove you from our loyalty program in such cases, voiding any points as described earlier.

Privacy and Data Protection

Protecting your personal information is important to Leafy Peaks. This section explains how we handle your data when you use our Services. For more detailed information, please refer to our full Privacy Policy.

Personal Information Collected:
In the course of doing business, we may collect certain personal information from you, such as your name, date of birth, government ID details, address (for deliveries), email, phone number, and purchase history. This can happen when you create an account, place an order, join the loyalty program, or sign up for communications. We also collect basic usage data from our website (like cookies, IP address, and browsing behavior) to improve our site and for security/analytics.

Use of Information:
We use the personal information you provide only for legitimate business and legal purposes, such as:

  • Processing and fulfilling your orders (in-store and delivery)

  • Verifying your age/identity (compliance with law)

  • Administering the loyalty program (tracking points, rewards)

  • Sending you communications you signed up for (marketing newsletters or SMS alerts)

  • Responding to your inquiries or customer service requests

  • Improving our products and services
    We may also use data in aggregate form (non-identifiable) to analyze sales trends or customer preferences.

Marketing Use and Consent:
We will not retain or use your personal information for marketing or advertising unless you have given consent. For example, we won’t add you to our promotional email list or text club unless you opt in (see Marketing Communications Consent above). If you do opt in, we use your contact info to send those messages, but you can opt out at any time. We do not sell your personal information to third-party marketers. Any sharing of information for marketing is only with service providers working on our behalf and in line with your consents.

Disclosure to Third Parties:
We value your privacy and aim to limit sharing. We do not share your personal data with third parties except in the following circumstances:

  • Service Providers: We use trusted third-party companies to help deliver our Services – for instance, an age verification service to confirm IDs online, a payment processor (if non-cash payment is ever used), a delivery logistics software, or the platform that hosts our online menu/ordering. We also utilize a third-party loyalty program platform to manage points. These providers may process your data on our behalf for the specific purpose of their service (e.g., storing your order history, sending you transactional emails, etc.). We require these providers to protect your data and use it only for our business purposes, not their own.

  • Legal Compliance: We may disclose information if required by law or legal process – for example, to comply with a court order, subpoena, or regulatory requirement from the New York Office of Cannabis Management (OCM). We may also share necessary information with law enforcement or regulators if we believe in good faith that such disclosure is required to investigate fraud, respond to an incident, or protect the safety, rights, or property of Leafy Peaks, our customers, or the public.

  • Business Transactions: In the event that Leafy Peaks undergoes a business transaction such as a merger, acquisition, reorganization, or sale of assets, your information may be transferred as part of that deal. If that happens, we will require the new owner to continue honoring the commitments we’ve made in this Privacy section or we will notify you and seek your consent as appropriate.

Data Security:
We implement reasonable security measures to safeguard your personal information. This includes technical measures (like encryption for sensitive data, secure networks, and PCI compliance for any payment data) and organizational measures (limiting employee access to data on a need-to-know basis, training staff on privacy). However, please understand that no method of data transmission or storage is 100% secure. While we strive to protect your information, we cannot guarantee absolute security. You also play a role: protect your account login and avoid sharing personal details in unsecured ways.

Customer Data and Cannabis Regulations:
Cannabis dispensaries in NY have specific rules about customer data. We comply with regulations such as not storing more personal info than needed. For instance, we do not retain your ID scan or number for marketing without your consent. We verify age via ID at each purchase or via a secure third-party verification for online accounts, but we do not build a government ID database of our customers for marketing purposes (unless you voluntarily provide info for loyalty enrollment). Purchase records (what you bought, when, and your customer/account identifier) are maintained as required for our inventory and compliance recordkeeping, but these are kept confidential and are not used to profile you beyond enabling loyalty rewards or ensuring legal purchase limits.

Cookies and Tracking:
Our website may use cookies or similar technologies to enhance user experience and for analytics. Cookies are small text files stored on your browser. They help with things like keeping you logged in, remembering preferences, or understanding how users navigate our site so we can improve it. You can control cookie preferences through your browser settings. Note that disabling cookies might affect some site functionality (e.g., the shopping cart might not remember items).

Third-Party Analytics:
We might use analytics tools to collect non-identifying information about site usage. These tools might set their own cookies. This information is generally aggregated and helps us gauge how many visitors use each part of our site, etc. No personal identification is intended to be collected via analytics cookies.

Your Rights:
If you want to know what personal data we have about you, you can contact us to request a review. If you find any inaccuracies in your information, let us know and we will correct them. You may also request deletion of your personal data. However, note that we may be required to retain certain data for legal compliance (e.g., purchase records for regulatory audits) and for internal business (accounting, etc.). We will honor deletion requests to the extent feasible and lawful. Loyalty members can request to cancel their membership and have related personal data deleted (other than minimal records we keep to avoid re-enrollment errors).

No Data to Minors:
Our Services are not directed to minors. We do not knowingly collect personal information from anyone under 21. If we discover that we have inadvertently collected info from a minor, we will delete that data once identified. If you are a parent/guardian and believe your under-21 dependent has provided us personal info, please contact us so we can remove it.

Cannabis-Specific Privacy Considerations:
Purchasing cannabis is a personal matter. We treat your purchase history as sensitive information. Except as required for our operations or legal compliance, we do not disclose what products you’ve bought to anyone outside Leafy Peaks without your consent. An example exception: if law enforcement properly subpoenas purchase records for an investigation, we must comply, but that is rare and limited to specific needs.

Third-Party Services and Links

In providing our Services, Leafy Peaks may utilize or link to certain third-party services. This section outlines how those are handled:

Third-Party E-Commerce Platform:
Our online ordering menu and checkout process may be powered by a third-party platform. When you click to shop or order on our site, you might be redirected to or see an embedded interface that is operated by that third party on our behalf. By using our online ordering, you are also subject to the terms and privacy policy of that platform. We strive to partner with reputable services that are secure and compliant. Any personal data you submit through the ordering system (such as your name, address, or contact information) will be shared with that provider as needed to process your order, and they in turn share it with us. We do not permit them to use your data for other purposes except as stated in our Privacy section.

Loyalty Program Platform:
Our loyalty program sign-up and management may be hosted by a specialized third-party service. When you join the loyalty program, you may be interacting with a site not on the Leafy Peaks domain. That service collects your information to enroll you and track points. They operate under contract with us to provide the loyalty functionality and are required to protect your information and only use it for running our loyalty program. They are not permitted to share your data with other clients or use it for any purpose unrelated to Leafy Peaks.

Age Verification Service:
To comply with the law for online sales, we may use a third-party age and identity verification service. This might involve you submitting an image of your ID or personal details that the third party verifies and confirms to us. Such data is handled securely by the vendor, and we do not retain your ID image in our systems. The verification vendor might keep a record to prove compliance but is bound by strict privacy requirements and is not allowed to use your data beyond the verification purpose.

Payment Processors:
If we offer any cashless payment options, those transactions may be processed by a third-party financial service. Your use of those services will be subject to the third party’s terms. We do not receive or store your full financial account details (like complete card numbers) — those are handled by the processor. We only receive confirmation of payment or error codes as needed to complete your transaction.

External Links:
Our website and communications may contain links to external websites or content that we do not control. For example, our site may link to our social media pages or to vendors’ websites. These links are provided for convenience or reference. Leafy Peaks is not responsible for the content, security, or privacy practices of third-party sites. When you click an external link, you do so at your own risk. We encourage you to review the terms and privacy policies of any third-party sites you visit. A link or reference on our site does not imply that we endorse or verify the content on that site.

Embedded Content:
Occasionally, we may embed content from third parties (such as an interactive map for our location, or a video). Embedded content behaves as if you visited the third-party site directly, meaning they could collect data about you or set cookies. We aim to minimize any intrusive embeds. By interacting with such content, you are effectively subject to the third party’s own policies.

Third-Party Events/Services:
If you partake in an offering that is partly or wholly provided by a third party (for example, a cannabis product training hosted by a brand expert at our store, or a delivery that’s handled by a contracted courier service), understand that the third party may have you agree to their own terms or waivers. Our staff will make you aware if that’s the case. We aim to ensure any partner we work with upholds high standards, but ultimately each entity is responsible for its own operations.

No Warranty for Third-Party Tools:
We may provide access to or use certain third-party tools or plug-ins on our site “as is” (for example, a chatbot or scheduling widget). We do not warrant the ongoing availability or functionality of these third-party tools, nor do we assume liability for them. You use them at your discretion.

Intellectual Property

All content and materials on the Leafy Peaks website and produced as part of our Services are protected intellectual property. This includes, but is not limited to: our business name and logos, site design and layout, text, graphics, images (including product and store photos), videos, audio, software code, and any content created by Leafy Peaks (such as blog articles or educational posts).

Ownership:
Leafy Peaks Dispensary (or its content suppliers and licensors) owns all rights, title, and interest in the content and materials we publish. Our trademarks, including the name “Leafy Peaks” and any associated logos or slogans, are protected by trademark law – you may not use our trademarks without our prior written consent. Similarly, our original written content is protected by copyright. We reserve all rights under copyright, trademark, and other applicable intellectual property laws.

Permitted Use:
We grant you a limited, non-exclusive, non-transferable license to access and use our website and materials for your personal, non-commercial use only. For example, you may view pages, download, or print a copy of content for your own reference, but only for personal use. You must not remove or alter any copyright, trademark, or other proprietary notices from copies of content.

Prohibited Use of Our IP:
You may not reproduce, distribute, publicly display, create derivative works from, or otherwise exploit any of our content for any commercial purpose or for republication without our express permission. This includes copying sections of our website to use on your own site, marketing, or publications. You cannot use our name or logo in a way that confuses people into thinking you are associated with Leafy Peaks when you are not.

Third-Party IP:
We sometimes feature names, logos, or products of third parties (for example, the brands of products we sell, which might have their own trademarks). All such third-party trademarks are the property of their respective owners. Display of these on our site is purely to identify those brands or products and does not imply endorsement or partnership beyond vendor relationships. You must not misuse third-party intellectual property from our site either.

User-Provided Content:
If you submit any content to us, such as a testimonial, product review, comment, or suggestion, you affirm that you either own the intellectual property rights to what you submitted or have permission to submit it. By submitting content, you grant Leafy Peaks a license to use, display, reproduce, or distribute that content as needed in connection with our Services (for example, posting your review on our site or quoting your testimonial in marketing). We will handle personal data in such content according to our Privacy Policy. We reserve the right to moderate or remove user-submitted content that infringes on others’ IP or breaches our rules.

Digital Millennium Copyright Act (DMCA):
If you believe any content on our site infringes upon your copyright or other IP rights, please notify us with a detailed notice (including your contact information, identification of the work claimed to be infringed, and the material on our site in question). We will investigate and, if appropriate, remove the infringing material in accordance with applicable law.

Limited Use of Site Materials:
Our site or materials must not be used for competitive analysis or AI training without permission. This includes scraping our site to populate another website or service.

Feedback:
If you provide feedback or suggestions to Leafy Peaks (for example, “you should add this feature” or “I have an idea for a new product”), you acknowledge that this feedback is given voluntarily and we are free to use it without obligation or compensation to you. You do not retain any IP claim over the implementation of feedback we use.

Disclaimers of Warranties

Leafy Peaks provides its Services with a commitment to quality and compliance, but there are important warranty disclaimers you should be aware of:

“As Is” Basis:
All use of our website and Services is at your own risk. We provide the website, its content, and all products and services on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. We do not guarantee that the information on our site is completely accurate, up-to-date, or error-free (though we strive for accuracy). We cannot warrant that the site will be available at all times or that it will be free from technical issues, viruses, or other harmful components, although we take security seriously and work to resolve issues promptly.

No Warranties on Products:
We disclaim all warranties relating to the quality, suitability, or fitness of our products for any particular purpose, except to the extent we are required by law to honor a specific warranty. Cannabis products affect individuals differently; we cannot and do not guarantee that any product will have a specific effect or benefit for you. Any descriptions of strains or products (such as “uplifting” or “relaxing”) are informational and based on general user experiences, not a guarantee of your experience. We make no medical or health claims. We expressly disclaim any implied warranties of merchantability, fitness for a particular purpose, or non-infringement, to the fullest extent permitted by law.

No Medical Advice:
Any informational content provided by Leafy Peaks – whether on our website, in printed materials, or verbally by employees – is for general educational purposes only and is not medical or professional advice. You should not rely on any advice or information from us as a substitute for consultations with qualified healthcare professionals. If you have specific health conditions or questions about using cannabis, consult a healthcare provider. We do not claim that our products diagnose, treat, cure, or prevent any disease or condition. You are responsible for how you choose to use the products.

Third-Party Information:
Our site may include content provided by third parties (for example, blog posts by guest authors, or product descriptions supplied by vendors). We do not guarantee the accuracy or reliability of third-party content. Similarly, if our employees share personal opinions or anecdotal information, understand that these are not authoritative statements of fact.

Technology Disclaimer:
We do not warrant that our website or online ordering will function uninterrupted or error-free. There may be times when the site is down for maintenance or due to technical glitches. We will try to minimize disruptions but cannot guarantee 100% uptime. We do not warrant that any errors (such as broken links or typos) will be corrected immediately, though we will address them when identified.

Compatibility:
We do not guarantee that our digital content is compatible with your device or software. Certain features may not work on older browsers or devices.

No Warranty for Outcomes:
When you purchase and use our products, you accept the risk of any outcomes from using cannabis. Cannabis can have both desired and undesired effects. You may experience side effects such as dry mouth, anxiety, or drowsiness. While we can guide you based on general experience, we do not guarantee that a product will achieve the effect you seek or that it will not have side effects. Monitor your own response and use responsibly.

Transactions and Financial:
We disclaim any warranty that any payment or transaction process will be secure or free from interception. While we use secure processing methods, the internet always carries risks. Any statements about tax applicability are to our best knowledge but are not a guarantee of tax treatment.

Specific Jurisdictions:
Some jurisdictions do not allow the exclusion of certain warranties or conditions. If such laws apply to you, certain parts of the above disclaimers may not apply. Our disclaimers apply to the fullest extent permitted by law.

Limitation of Liability

To the fullest extent allowed by law, Leafy Peaks Dispensary and its owners, employees, affiliates, agents, and contractors shall not be liable for any damages or losses arising out of or related to your use of our Services or products.

Types of Damages Excluded:
We will not be liable for any indirect, incidental, special, consequential, or punitive damages. This includes, but is not limited to, damages for lost profits or revenues, lost data, loss of goodwill, business interruption, or personal injury, even if we have been advised of the possibility of such damages. Examples include:

  • If our website is down and you miss out on a deal or are inconvenienced, we are not liable for the lost opportunity.

  • If you consume a product and it does not give you the effect you wanted, or you experience discomfort, we are not liable for your subjective experience.

  • If a product malfunctions and causes damage to your property (such as a vape cartridge leaking on clothing), our liability does not extend to incidental costs beyond a potential replacement as allowed under our return policy.

  • If you suffer injury or an accident allegedly due to using our product, we are not responsible for consequences related to impairment or misuse.

Cap on Direct Damages:
In all cases, our maximum liability to you for any claim — whether in contract, tort (including negligence), strict liability, or otherwise — shall be limited to the amount you paid for the product or service in question. If the claim is not related to a specific product sale, then our liability is capped at $100 in U.S. currency.

Release for Third-Party Actions:
We are not liable for any conduct or negligence of third parties that may impact you in relation to our Services. For example, we are not responsible for the actions of delivery contractors, third-party loyalty platforms, or product manufacturers.

Website Use Liability:
Leafy Peaks is not liable for any damage to your computer, phone, or device that might occur from accessing our website or content. Always use up-to-date antivirus protection and exercise caution online.

Use of Cannabis:
You acknowledge that cannabis has psychoactive effects and you assume all risk and liability for any consequences arising from your use of cannabis products. This includes the risk of impaired driving or judgment. By purchasing, you release us from any liability for actions you take after consumption.

Events:
If you attend a Leafy Peaks event, you assume the risk of any typical injuries or incidents that may occur in a public gathering. We are not responsible for lost or stolen personal items.

Exceptions:
Some jurisdictions do not allow the exclusion or limitation of certain damages. Where these laws apply, portions of this section may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Leafy Peaks Dispensary and its affiliates, owners, officers, directors, employees, agents, and representatives from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) that arise out of or relate to:

  • Your violation of these Terms.

  • Your violation of any law or regulation.

  • Your negligence or willful misconduct.

  • Your use of the Services.

  • Your interactions with third-party links or services accessed through our site.

We reserve the right to manage our legal defense as we see fit, including choosing our own counsel, even if you are indemnifying us. You agree to cooperate fully in our defense.

Governing Law and Dispute Resolution

These Terms and any disputes arising from your use of the Services or your relationship with Leafy Peaks will be governed by the laws of the State of New York, without regard to its conflict of law principles.

Jurisdiction and Venue:
Any legal action or proceeding concerning these Terms or the Services shall be brought exclusively in the courts of the State of New York. The appropriate venue will be state courts located in Saratoga County, New York, or the federal courts of the Northern District of New York, if federal jurisdiction applies. You consent to the personal jurisdiction of these courts.

Waiver of Jury Trial:
To the extent allowed by law, both you and we agree to waive any right to a trial by jury in any litigation between us.

No Class Actions:
You agree to bring claims only in your individual capacity, not as part of any class or representative action.

Alternative Dispute Resolution (Optional):
We may agree to resolve disputes through mediation or arbitration if both parties consent at the time the dispute arises. Unless required by a separate agreement, arbitration is not mandatory.

Attorney’s Fees:
In any action to enforce these Terms, the prevailing party is entitled to recover its reasonable attorneys’ fees and costs from the other party.

Time Limit on Claims:
Any claim or cause of action must be filed within one year after it arose, unless a longer period is required by law.

Changes to Terms

Leafy Peaks reserves the right to update or modify these Terms & Conditions at any time. Changes will take effect once posted on our website, unless a later date is specified. The “Last Updated” date will indicate the latest revision. It is your responsibility to review these Terms periodically.

If we make material changes, we will make an effort to inform you through our website or other communication methods. Continued use of our Services after changes are posted constitutes your acceptance of the updated Terms.

Miscellaneous

  • Entire Agreement: These Terms & Conditions, along with any additional policies or guidelines referenced herein, constitute the full agreement between you and Leafy Peaks.

  • No Waiver: Failure to enforce any provision does not waive the right to enforce it later.

  • Severability: If any provision is found to be invalid, the remainder of the Terms will remain in effect.

  • Assignment: You may not assign your rights or obligations under these Terms without our written consent. We may assign our rights in the event of a merger, acquisition, or sale.

  • Relationship: These Terms do not create any joint venture, partnership, employment, or agency relationship between you and Leafy Peaks.

  • Force Majeure: We will not be liable for delays or failures caused by events beyond our reasonable control.

  • Communications: We may contact you via email, mail, phone, or text message regarding your account or our Services.

Contact Information

If you have any questions, concerns, or feedback about these Terms & Conditions, please contact us:

Leafy Peaks Dispensary
27B Saratoga Ave.
Waterford, NY 12188, USA

Phone: +1 (518) 500-2065