Terms of Service
Version 1.1.1
Last updated: 2024-05-28
In the event of any inconsistency between a non-English translation of these Terms of Service and the English version of these Terms of Service, the English version shall govern in all respects, jurisdictions, and legislature.
Welcome to the oven.live, LLC. (or "OVEN.live", "oven.live", "OVEN LLC", "OVEN", "OVEN™", etc, or "us", "we", "our" etc) website and service hosted at www.oven.live and other affiliated websites, Google Forms, 2-d matrix code (quick response codes), digital media (images, logos, text, videos), and cannabis products, furthermore collectively identified as the "Service".
These Terms of Service and other referenced policies explain how OVEN.live provides its online service to you, as a user, and the terms and conditions under which we provide OVEN.live website information and Service; and the terms and conditions for using our website at www.OVEN.live and other subdomains, any OVEN logo’d or branded entities including any related mobile applications, website interfaces on mobile devices, or any elements including words or images in or in relation to OVEN™, OVEN.live, OVEN LLC, OVEN products (such as individual, group, and all affiliations) present on any social media or websites; furthermore, collectively the "Website". DMCA notice procedures are in place for reporting copyright infringements.
Your Acceptance of These Terms of Service
The provision of the Service and your acceptance of all applicable terms, conditions, policies, and obligations will be governed by New York and New York City law, U.S. Federal law, and, where applicable, other international laws.
Please read these Terms of Service carefully. By signing-up or utilizing, including interacting with OVEN, OVEN LLC, oven.live HTML, or content, contacting, photographing/recording or “screen-recording” and “screen-shotting,” any entity or element of the aforementioned in addition to the OVEN website or services to use OVEN services, you acknowledge that you have read, understood, and agreed to be bound to all the terms of these Terms of Service as well as the following included and referenced policies, including our Privacy Policy, Cookie Policy, Credential Policy, Data Privacy Policy, and other policies including the aforementioned, which OVEN may issue; furthermore, the aforementioned policies inlcuding this Terms of Service are subject to the "Service Modifications §" section. If you do not agree to these terms, please do not access or use the Service or Website.
State Minimum Age Requirements: Persons under the age of 21 may not use the Service or Website. The Service and Website are neither intended for nor designed to be used by anyone under the age of 21. The Website and Service are intended solely for persons who are 21 years of age or older. Any access to or use of the Website or Service by anyone under 21 years of age is expressly prohibited. By accessing or using the Website or Service, you represent and warrant that you are 21 years old or older. We comply with the Children's Online Privacy Protection Act (COPPA) and do not knowingly collect personal information from children under the age of 13. If we become aware that we have collected personal information from a child under the age of 13, we will delete such information promptly. If you believe that we have collected information from a child under 13, or if you have reason to believe that a person under 21 years of age is using our Service or Website, we will immediately delete such information, blocking repeated IP access, subject to and in compliance with applicable state and federal law; also please contact us at ovengetbaked@gmail.com to inform us.
If we decide to change these Terms of Service, we will post the updates on this page to keep you informed. We reserve the right to modify these Terms of Service at any time. Changes will become effective no earlier than 30 days after the notice is provided, except where changes are required by law or for urgent security or operational reasons. If we make significant changes, we will notify you here, by email, or with a notice on our home page. Unless otherwise stated, your continued use of oven.live’s services after being notified of any changes indicates your acceptance of those changes. If, at any time, you do not agree with any part of oven.live’s Terms of Service, you may request a closure of any content, orders, or accounts, and contact us for further assistance.
By providing us with your contact information, you understand, agree, and authorize us to use this information to verify your eligibility; furthermore, in the unlikely case where it may be required, the following may apply:
(i) individuals or parties that wish to offer you access privileges upon your explicit consent,
(ii) certain third-party entities and sources that can help us verify your identity or affiliations, and
(iii) as otherwise detailed in our Privacy Policy under OVEN LLC's jurisdiction.
Before OVEN LLC shares your information with a third party, you will be asked to authorize any release. This process is further described in our Privacy Policy. You may revoke access to this information by us or any third party at any time through our Contact Us page and by closing any Forms or potentially, specifically created OVEN LLC orders; furthermore you may contact us for further assistance.
Eligibility and Restrictions:
Age Requirement: Access to and use of OVEN LLC’s services and website are strictly limited to individuals aged 21 and over. Proof of age verification is mandatory for all transactions to ensure compliance with New York State laws governing the sale and consumption of adult-use cannabis products. Users must present valid government-issued identification to verify their age before completing any purchase or accessing restricted areas of the website.
Regulatory Compliance: OVEN LLC operates in full compliance with all applicable state and local regulations, including the Marijuana Regulation and Taxation Act (MRTA), the New York State Tax Law Article 20-C, and specific New York City cannabis laws. We adhere to the guidelines and regulations established by the New York State Office of Cannabis Management (OCM) and the Cannabis Control Board (CCB), ensuring that our operations meet all legal requirements for the sale and distribution of adult-use cannabis products.
Privacy and Data Use:
Personal Information: OVEN LLC collects personal information from users to verify eligibility and comply with legal requirements. This includes age and identity verification to prevent unauthorized access to cannabis products. Personal information may be shared with third-party service providers solely for the purpose of identity verification, as outlined in our Privacy Policy. Users are required to provide explicit consent before any personal information is disclosed to third parties; California Consumer Privacy Act (CCPA)
Data Security: We implement stringent data protection measures to safeguard user data against unauthorized access, disclosure, alteration, or destruction. Our data protection practices comply with all relevant laws and regulations, ensuring the confidentiality and security of users' personal information. For detailed information on how we handle and protect personal data, please refer to our Privacy Policy.
Google LLC: Any content or entities created by OVEN are not affiliated or endorsed by Google LLC.
Service Modifications §:
Right to Modify Terms: OVEN LLC reserves the right to modify these Terms of Service at any time, incuding in all future circumstances where these Terms of Service is referenced; regardless of contemporary legislature. Any changes will be prominently posted on our website. Users will be notified of significant changes via email or through a notice on our website. Continued use of the service after modifications have been posted constitutes acceptance of the revised terms. It is the user’s responsibility to review the Terms of Service regularly to stay informed about any updates.
Notification of Changes: Users will be notified of significant changes to the Terms of Service through email or via a prominent notice on our website. It is essential for users to stay updated on any modifications to ensure ongoing compliance with the terms.
Prohibited Use:
Age Restriction Enforcement: Access to our services and website by individuals under the age of 21 is strictly prohibited. OVEN LLC employs robust age verification processes to prevent underage access. Users found to be underage or providing false information to gain access will face immediate termination of services and potential legal action. We encourage users to report any instances of suspected underage access.
Restricted Activities: Users must not engage in any unlawful activities through our platform. This includes, but is not limited to, the resale of cannabis products, fraudulent activities, and the use of our service for any purpose that violates state or federal law. Users must comply with all regulations set forth by the OCM and CCB, ensuring that their use of our service is lawful and ethical.
Compliance with New York Cannabis Laws:
Licensing and Permits: OVEN is licensed under the New York State Office of Cannabis Management (OCM) and adheres to all regulatory requirements, including those outlined in the Conditional and Adult-Use Retail Cannabis Dispensary License directory. Moreover, OVEN and additional, legally partnered third parties are licensed Adult-Use Retail Cannabis Licensed Dispensaries through the New York State Office of Cannabis Management (OCM), which maintain all necessary licensure updates and permits to operate legally within New York State and New York City.
Operational Standards: Our operations comply with OCM’s regulations regarding location, hours of operation, inventory limitations, and marketing practices. For example, our dispensaries are situated in approved areas, maintaining appropriate distances from schools and places of worship as mandated by law. We ensure that our practices meet the highest standards of safety and quality.
Documentation and Reporting: We maintain current and accurate records as required by OCM, including ongoing documentation of business operations, inventory, and transactions. These records, which include the SOP at the end of this sub-section, are regularly reviewed to ensure compliance with all regulatory requirements.
SOP:
Standard Operating Procedure (SOP)
OVEN- Adult-Use Cannabis Retail Dispensary
Table of Contents-
Introduction
Purpose
Scope
Definitions
Regulatory Compliance
Operational Hours
Employee Responsibilities
Customer Service
Product Handling and Storage
Security Measures
Sales Transactions
Inventory Management
Waste Disposal
Health and Safety Protocols
Marketing and Advertising
Reporting and Documentation
Emergency Procedures
Training and Development
Appendices
1. Introduction
This Standard Operating Procedure (SOP) delineates the operational protocols for OVEN, an adult-use cannabis retail dispensary situated in New York City. It ensures adherence to state and municipal regulations while promoting optimal practices for safety, security, and customer service.
2. Purpose
The objectives of this SOP are as follows:
To ensure full compliance with New York State cannabis regulations.
To provide comprehensive guidelines for daily operations.
To foster a safe and secure environment for both customers and employees.
To maintain rigorous quality control over cannabis products.
To establish standardized procedures for inventory management, sales, and waste disposal.
3. Scope
This SOP is applicable to OVEN employees, contractors, and third parties or vendors associated with OVEN in New York City.
4. Definitions
Cannabis: Any part of the cannabis plant, including products derived therefrom.
Customer: An individual purchasing cannabis products.
Employee: Any person employed at the dispensary, including managers, budtenders, and security personnel.
Inventory: Cannabis products and accessories available for sale.
POS (Point of Sale): The system utilized for processing sales transactions.
5. Regulatory Compliance
5.1 Licensing
Ensure all requisite licenses are obtained and conspicuously displayed.
Comply with all regulations set forth by the New York State Office of Cannabis Management (OCM).
Ensure legally partnered third parties are also licensed Adult-Use Retail Cannabis Licensed Dispensaries
5.2 Age Verification
Confirm that all customers are at least 21 years old using valid government-issued identification.
5.3 Purchase Limits
Adhere strictly to state-imposed purchase limits per customer per day.
5.4 Record Keeping
Maintain precise records of all transactions, inventory, and waste disposal for a minimum duration of seven years.
6. Operational Hours
Customer Hours: TBA
Staff Preparation Time: TBA
Closing and End-of-Day Procedures: TBA
7. Employee Responsibilities
7.1 General Duties
Deliver exceptional customer service.
Maintain a clean and organized environment.
Comply with all SOPs and regulatory requirements.
7.2 Budtenders
Assist customers in selecting products.
Provide accurate information regarding product effects and usage.
Operate the POS system efficiently.
7.3 Security Personnel
Monitor premises to ensure safety.
Verify IDs and manage customer flow.
Respond promptly to security incidents.
7.4 Management
Oversee daily operations.
Ensure adherence to SOPs and regulatory compliance.
Manage employee scheduling and training.
8. Customer Service
8.1 Greeting and Assistance
Greet each customer upon entry.
Offer assistance and product recommendations.
8.2 Education
Provide detailed information on product types, strains, and effects.
Educate customers on responsible consumption.
8.3 Feedback and Complaints
Encourage customer feedback.
Address complaints promptly and professionally.
9. Product Handling and Storage
9.1 Receiving Shipments
Verify and record incoming shipments.
Inspect products for quality and regulatory compliance.
9.2 Storage
Store products in a secure, temperature-controlled environment.
Separate products by type and batch number.
9.3 Display
Ensure display products are properly labeled.
Rotate stock to maintain freshness.
10. Security Measures
10.1 Surveillance
Maintain a 24/7 video surveillance system.
Regularly inspect and maintain cameras and storage devices.
10.2 Access Control
Restrict access to storage and POS areas to authorized personnel only.
Implement keycards or biometric systems for access control.
10.3 Incident Reporting
Document and report all security incidents immediately.
11. Sales Transactions
11.1 Point of Sale
Verify customer age and identity.
Process transactions accurately.
Provide detailed receipts to customers.
11.2 Payment Methods
Accept cash, debit cards, and other approved payment methods.
Follow secure procedures for handling cash.
11.3 Returns and Exchanges
Adhere to the dispensary’s return and exchange policy.
Record all returns and exchanges in the inventory system.
12. Inventory Management
12.1 Tracking
Utilize an inventory management system to track all products.
Conduct regular inventory audits.
12.2 Reordering
Monitor inventory levels and reorder products as necessary.
Maintain relationships with suppliers to ensure a continuous supply.
12.3 Discrepancies
Investigate and resolve inventory discrepancies promptly.
Document all actions taken.
13. Waste Disposal
13.1 Cannabis Waste
Follow state regulations for cannabis waste disposal.
Use approved methods to render waste unusable.
13.2 General Waste
Dispose of non-cannabis waste in accordance with local regulations.
Recycle materials whenever possible.
14. Health and Safety Protocols
14.1 Sanitation
Maintain cleanliness in all areas of the dispensary.
Utilize approved cleaning agents and methods.
14.2 Personal Protective Equipment (PPE)
Provide PPE to employees as necessary.
Ensure proper usage and disposal of PPE.
14.3 Health Screening
Conduct daily health screenings for employees.
Follow protocols for managing illness in the workplace.
15. Marketing and Advertising
15.1 Compliance
Ensure all marketing and advertising efforts comply with state regulations.
Avoid targeting minors or making false claims.
15.2 Promotions
Offer promotions and discounts in compliance with regulations.
Record all promotional activities.
15.3 Social Media
Use social media responsibly to promote the dispensary.
Avoid sharing sensitive information online.
16. Reporting and Documentation
16.1 Daily Reports
Submit daily sales and inventory reports to management.
16.2 Incident Reports
Document all incidents, including security breaches and customer complaints.
16.3 Compliance Reports
Submit required reports to regulatory bodies as mandated.
17. Emergency Procedures
17.1 Fire Safety
Maintain fire extinguishers and alarms.
Conduct regular fire drills.
17.2 Medical Emergencies
Provide first aid supplies.
Train staff in basic first aid and emergency response.
17.3 Evacuation
Develop and practice an evacuation plan.
Ensure all employees are familiar with emergency exits.
18. Training and Development
18.1 Onboarding
Provide comprehensive training for new employees.
Cover SOPs, product knowledge, and customer service protocols.
18.2 Ongoing Training
Offer regular training sessions to update skills and knowledge.
Encourage continuous professional development.
18.3 Performance Evaluation
Conduct regular performance reviews.
Provide feedback and set improvement goals.
19. Appendices
19.1 Contact Information
List key contacts and emergency numbers.
19.2 Forms and Templates
Include sample forms for reporting, inventory tracking, and incident documentation.
19.3 Additional Resources
Provide links to relevant regulations and guidelines.
This SOP for OVEN will undergo annual review and updates to ensure compliance with evolving regulations and industry best practices.
Purchase and Payment Terms:
Payment Methods: Transactions are conducted in compliance with state laws regarding payment for cannabis products. We accept various forms of payment, including cash, certified checks, and electronic funds transfers. All transactions are securely processed to protect user information.
Inventory Control: OVEN LLC only offers products obtained from licensed distributors. We ensure that all products meet the standards set by New York State for safety and quality. Regular inventory checks and compliance audits are conducted to maintain product integrity.
In addition to the "Compliance with New York Cannabis Laws", OVEN and third-party entities are licensed and have undergone conditional provisional licensing, experience, and training in both the states of New York and New Jersey.
Consumer Protection:
Product Safety: All cannabis products sold by OVEN LLC are tested and verified for safety and compliance with state regulations. Detailed information on product contents and usage guidelines is provided to ensure consumer safety and satisfaction.
Return and Refund Policy: Our return and refund policy is designed to comply with consumer protection laws, offering customers fair recourse in case of defective or unsatisfactory products. Specific terms and conditions regarding returns and refunds are outlined on our website and are made clear to customers at the point of purchase.
Unauthorized Usage:
Any unauthorized use of the OVEN LLC Service or access to this Website, including, but not limited to, any commercial purposes, is strictly prohibited and may result in the suspension or termination of your access. Furthermore, you must NOT:
. Misrepresent your identity or assume the identity of another person without their explicit consent;
. Misrepresent the validity of an OVEN account or use of any validated account;
. Falsely identify yourself as a service member, veteran, or an immediate family member of a service member or veteran;
. Misrepresent your association with any individual or entity;
. Collect information about OVEN LLC, the Website, or its users without OVEN LLC’s express written permission;
. Alter, frame, render, mirror, truncate, inject, filter, or change any content or information on the Website without OVEN LLC’s written consent;
. Utilize any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, internet agent, or other automatic devices, programs, algorithms, or methodologies to access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, alter, search, or monitor the Website or any part thereof;
. Conceal the origin of information transmitted to, from, or through the Website;
. Circumvent any measures implemented by OVEN LLC to prevent violations of the Terms of Service.
In addition to breaching the Terms of Service, any of the aforementioned actions by you or on behalf of any entity you represent, constitutes intentional, unauthorized access to OVEN LLC’s protected computer systems and may violate state and federal laws, including but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030). Such violations may expose you and any associated parties to civil liability and criminal prosecution.
Usage of Website Content:
All materials provided on the Website, including but not limited to information, documents, products, logos, graphics, sounds, images, compilations, content, and services (“Materials” or “Content”), are provided either by OVEN LLC or by respective third-party authors, developers, or vendors (“Third Party Providers”) and are the copyrighted works of OVEN LLC and/or its Third Party Providers (or are permitted/licensed to be used by Third Party Providers), unless specifically provided otherwise. Except as stated herein, none of the Materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted, and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of OVEN LLC and/or a Third Party Provider. Additionally, you may not “mirror” or “archive” any Materials contained on the Website on any other server without OVEN LLC’s prior express written permission.
Except where expressly provided otherwise by OVEN LLC, nothing on the Website shall be construed to confer any license or ownership right in or to the Materials, under any of OVEN LLC’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by OVEN LLC. OVEN LLC does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by OVEN LLC. Any unauthorized use of any Materials contained on the Website is considered an automatic violation of copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes, regardless of the complying of all applicable state, federal, and international laws. You are responsible for maintaining the confidentiality of your orders, information, and for restricting access to such information.
Third-Party Entities
The OVEN Service may offer links or references to websites operated by third parties. OVEN does not take responsibility for and does not endorse the content or usage of these external sites. These third-party sites have their own terms of use, licenses, and privacy policies, which we advise you to review. Additional NY State licensed and partnered third party Adult-Use Retail Cannabis Licensed Dispensaries also endorse licensure on behalf of OVEN for marketing and sales purposes, however endorse no responsibility in OVEN's affairs, in the case of any liability; access to OVEN includes subdomain third party-licensure and may not be liable for delay, suspension, or revocation of OVEN's private AURD or CAURD license as a result. OVEN does not imply endorsement of the linked sites or their content, unless explicitly stated otherwise by OVEN.
Data Submissions
Except where explicitly indicated otherwise by OVEN, all comments, feedback, information, and data provided to OVEN through, in association with, or related to the Service, Website, or any other OVEN products or services ("Submissions") will be treated as non-confidential and will become the property of OVEN. This does not include copyright ownership of images you may upload, but it does grant OVEN an express license to use these images in any manner they deem appropriate, including creating compilations and derivative works in any media now known or later developed. By submitting such content to OVEN, you agree to assign to OVEN all federal and state-wide rights, title, and interest in copyrights and other intellectual property rights in these Submissions, as consideration for the use of the Service and Website. You affirm that you have the legal authority to grant these rights to OVEN. OVEN LLC is authorized to use and distribute such Submissions without restriction for any purpose. You acknowledge that you are solely responsible for the Submissions you provide, including ensuring their legality, reliability, appropriateness, originality, and copyright status.
You agree not to post any Submission that (a) is defamatory, abusive, harassing, threatening, or invades another person’s privacy; (b) is bigoted, hateful, or otherwise offensive; (c) is violent, vulgar, obscene, pornographic, or sexually explicit; or (d) harms or can reasonably be expected to harm any person or entity.
OVEN reserves the right, but is not obligated, to (a) refuse to post, communicate, or remove any Submission from any OVEN site that violates these Terms of Service, and (b) identify any user to third parties and/or disclose any Submission or personally identifiable information to third parties when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, a court order or subpoena, or (ii) help enforce these Terms of Service and/or protect the safety or security of any person or property, including any OVEN site. Additionally, OVEN retains the right to remove Submissions at any time for any reason or no reason at all. All Submissions must be truthful and comply with privacy and publicity rights and all applicable state laws. You may not upload an image of another person without their consent. If you do, OVEN reserves the right to cancel or suspend your access. Furthermore, OVEN reserves the right to cancel or suspend your order if, at its sole discretion, believes you are using OVEN for improper purposes or any purpose inconsistent with its business.
Licenses from OVEN
Regarding licenses from OVEN, you are being granted a "temporary or revocable and limited license," subject to compliance with the terms herein. Any rights not explicitly conferred to you in the Terms of Service are expressly retained by us.
Licenses from you
Concerning licenses from you, you hereby provide OVEN and its Third Party Providers with a non-exclusive authorization to utilize, duplicate, transmit, and exhibit any data, information, Content, or other Materials furnished to OVEN by you during your use of the Service and/or Website. However, OVEN's responsibilities regarding the identification and handling of your personal information shall consistently adhere to the terms outlined in the Credential Policy and its Privacy Policy.
Representations and warranties
Representations and warranties are made by each party. Each party assures that it possesses the requisite power and authority to enter into these Terms. OVEN further assures that it will deliver the Website and the OVEN Service in a manner consistent with its established business practices, as deemed appropriate by OVEN, at its sole discretion. You assert and guarantee that any information furnished in connection with the OVEN Service is accurate and up-to-date, and that you possess the requisite authority to furnish such information.
How OVEN handles government requests for information
Federal and State Government agencies may ask OVEN to disclose information, including user, license, or financial information. We thoroughly review each request to ensure it meets the applicable legislature. If a request asks for significant or sensitive information, we try to further simplify, and in some cases object to sharing or producing any information in totality.
Fees and Payments
Fees: By engaging with our retail cannabis website, OVEN ("We") and procuring any products or services offered therein, you acknowledge and agree to remit all pertinent fees as delineated on the Website at the time of transaction. These fees encompass the costs associated with products, taxes, shipping fees, and any other applicable charges as mandated by governmental authorities, such as those outlined by the New York State Cannabis Control Board (NYSCCB) as per the regulations detailed on cannabis.ny.gov.
Payment Methods: Various payment modalities, including cash, credit/debit cards and electronic funds transfers, are accepted as specified on the checkout page of the Website. By furnishing payment particulars, you authorize us to levy charges on the designated payment mechanism for the total sum of your purchase.
Pricing: The prices featured on the Website are denoted in the designated currency and are subject to alteration without prior notification. While we make the utmost effort to ensure accuracy, pricing discrepancies may arise. In the event of a pricing anomaly, we retain the prerogative to annul any orders placed at the erroneous price and to reimburse the amount debited.
Taxes: You bear responsibility for all pertinent taxes linked to your acquisitions, encompassing sales tax, value-added tax, or any other levies imposed by governmental entities. Taxes will be computed and appended to your aggregate purchase amount during the checkout process in accordance with the tax regulations outlined by the NYSCCB and detailed on cannabis.ny.gov.
Payment Processing: Third-party payment processors administer payment processing services. By effecting a purchase via our Website, you consent to adhere to the terms and conditions of our selected payment processors. We bear no responsibility for errors or delays arising from payment processing services.
Order Confirmation: Upon finalization of your purchase, an order confirmation email, delineating particulars of your transaction, inclusive of the total amount charged and items procured, will be dispatched. It would make it easier and faster for both of us if you can review your order confirmation comprehensively and promptly notify us of any queries or reservations.
Refunds and Returns: Reimbursements and product returns are contingent upon our Refund Policy, found in these terms of service; please click the Contact Us page and send a message to inquire. We retain the prerogative to decline refunds or returns in conformity with our Refund Policy.
Billing Disputes: Should you perceive any discrepancy or anomaly in your billing statement, we urge you to promptly contact us to facilitate a resolution. We undertake investigations on any billing discrepancies and try to resolve them expeditiously.
Amendments: We retain the right to amend or revise this Fees and Payments section at our discretion, sans prior notification. Any alterations shall become effective immediately upon publication on the Website. It is incumbent upon the viewer to periodically review this section for updates.
Liability Limitations
Unless explicitly stated otherwise by OVEN, such as in the mention of third-parties or additional parties, the OVEN Service and Website are provided on an "as is" and "as available" basis. Apart from the express warranties outlined herein, OVEN disclaims all representations, warranties, guarantees, and conditions, whether express or implied, related to the OVEN Service and Website unless in the aforementioned third-parties, additional parties, or partners. OVEN Service and Website may be used in marketing or advertising, however, with explicit mention.
Under no circumstances shall OVEN be liable to any party for any indirect, punitive, special, exemplary, incidental, or consequential damages. This includes damages to your computer, telecommunication equipment, or other property, as well as any loss of data, content, images, revenue, profits, use, or other economic advantage, arising from or connected to these terms. This applies regardless of the cause and includes situations involving the access or use, or the inability to access or use, the Website or the OVEN Service. Liability shall not be limited even if the party seeking damages has been informed of the potential for such damages. This limitation of liability shall not apply in the case of the customer's breach of these terms or their indemnity obligations. Additionally, this paragraph does not impact the rights outlined in the section titled "Indemnities." To the extent permitted by law, OVEN's total liability shall not exceed $1,000.00.
Your Responsibilities:
You must comply with all relevant local, state, national, and international laws, treaties, regulations, and conventions when using the Website and OVEN Service. This includes laws related to data privacy, communications, cannabis regulations, and the export of technical or personal data. You agree not to infringe on anyone's rights of publicity or privacy, nor to defame any person or entity. You are responsible for keeping your account information accurate and up-to-date, including a valid email address. You must also keep your email address, passwords, order/account numbers, and other order/account information confidential. OVEN can act on instructions received under your OVEN order. OVEN is not liable for any credits or debits made to your order or account by someone who uses your password without authorization. OVEN is also not responsible for any losses or liabilities from the unauthorized use of your password by a third party. You authorize OVEN to share information you have provided, or information OVEN has obtained about your account, with third parties as detailed in our Privacy Policy.
Indemnities:
You agree to defend, indemnify, and hold OVEN harmless from any claims, costs, damages, losses, liabilities, and expenses, including attorneys’ fees and costs, arising out of any claim, including third-party claims, related to your use of the Website and the OVEN Service; the indemnification also includes claims arising from user breaches of the Terms, misuse of the service, and violations of law. This Limitation of Liability clause limits the company's liability for damages, except where prohibited by law.
Any Notices:
For general changes that do not affect the collection or handling of users’ personal information more restrictively, OVEN may provide notice through a general notice on the Website, by email to your address on record, or by first-class mail to your address on record. You may provide notice to OVEN by email at ovengetbaked@gmail.com or by registered mail with return receipt requested through email. All notices are deemed given four business days after mailing or 48 hours after sending by email, or posting on the Website. OVEN will notify you of material changes to the Service that affect the collection, use, dissemination, or maintenance of your personal information as described in our Privacy Policy.
Copyright Protection:
OVEN™ or OVEN is trademarked and complies with the Digital Millennium Copyright Act (DMCA). Any notices under the DMCA should primarily be sent to OVEN LLC's designated individual via email at ovengetbaked@gmail.com, or secondarily by registered US mail with return receipt requested to: OVEN LLC.
Miscellaneous:
These Terms constitute the comprehensive agreement between the parties concerning the utilization of the Service and the Website, overriding any prior or concurrent communications that may be conflicting or supplementary. OVEN retains the prerogative to modify these Terms or its associated policies concerning the Website and OVEN Service at its discretion and as deemed necessary, with such alterations becoming effective upon publication herein. It is advised that you periodically review this page to stay abreast of the prevailing Terms, as they are legally binding. Material alterations to these Terms will be communicated through various channels including this page, email, or notices on our homepage. Specific provisions within these Terms may be overridden by designated legal notices or terms on specific Website pages, as they may be periodically updated. Your continued use of the Website and OVEN Service post any alterations signifies your acceptance of such changes. In cases where a provision within these Terms is deemed invalid or unenforceable by a competent court, such provision will be interpreted to reflect the original intent to the fullest extent, while all other provisions remain unaffected. No affiliations such as joint ventures, partnerships, employments, or agencies arise between OVEN and you as a consequence of these Terms or Website usage. Assignment of these Terms requires prior written consent from OVEN, any purported assignment without such approval is null. OVEN reserves the right to engage Third Party Providers in delivering the Website, the Service, and associated goods, services, or materials. The failure of either party to enforce any provision within these Terms does not constitute a waiver unless explicitly acknowledged and agreed upon in writing. In the event of any litigation arising from these Terms or its interpretation, performance, etc., the prevailing party may or may not be entitled to reasonable attorneys’ fees and expenses, court costs, and expert witness fees. All rights not explicitly granted herein are retained by OVEN LLC.
Intellectual property notices:
Various components of the Website and Service are safeguarded by copyright, trademark, trade dress, and other legal protections, prohibiting their total or partial replication or imitation. No elements such as logos, graphics, sounds, or images from the Website may be duplicated or transmitted without explicit authorization from OVEN. The trademarks and/or identifiers associated with OVEN mentioned herein are trademarks of OVEN and/or its affiliates and may hold registrations in specific jurisdictions.
Contact Information:
For any questions or concerns regarding these Terms of Service, please contact us at ovengetbaked@gmail.com.
Further Information:
For more detailed information about New York State cannabis regulations please visit the New York State Office of Cannabis Management. By accessing or using our website and services, you acknowledge that you have read, understood, and agree to the terms of service.