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Terms

Welcome to Urge New Jersey LLC (“Urge”). By accessing or using our cannabis dispensary located at 941 Elizabeth Ave, Elizabeth, NJ 07201, you agree to be bound by the following terms and conditions:

1. Products and Services

Urge offers a variety of cannabis products and related services for sale to individuals who are at least 21 years old. By purchasing our products or using our services, you represent and warrant that you meet these eligibility requirements.

2. Payment and Delivery

We accept cash and debit cards as payment for our products and services. We do not accept credit cards or personal checks. Payment is due at the time of purchase. We offer delivery services within a limited area around our dispensary location. Delivery fees and minimum purchase amounts may apply.

3. Product Availability

Our inventory of products is subject to change and may be limited based on availability. We make no guarantees as to the availability of any particular product at any time.

4. Returns and Exchanges

We do not accept returns or exchanges on any cannabis products or accessories, except in the case of a defective product or a product that does not meet applicable quality standards.

5. Compliance with Laws

Urge operates in compliance with all applicable federal and state laws, including the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act. By using our products and services, you agree to comply with all applicable laws and regulations.

6. Intellectual Property

All content on our website, social media channels, and other marketing materials is the property of Urge or its licensors and is protected by applicable copyright, trademark, and other intellectual property laws. You may not use our content for any commercial or unauthorized purposes without our prior written consent.

7. Limitation of Liability

To the fullest extent permitted by law, Urge shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of our products or services, even if we have been advised of the possibility of such damages.

8. Governing Law and Jurisdiction

These terms and conditions shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflicts of law provisions. Any disputes arising out of or related to these terms and conditions shall be resolved exclusively in the state or federal courts located in New Jersey.

9. Changes to Terms and Conditions

We may update these terms and conditions from time to time. By continuing to use our products and services after any changes to these terms and conditions, you agree to be bound by the revised terms.

10. Binding Arbitration Clause

Please read the following Binding Arbitration Clause (the “Clause”) carefully because it requires you to arbitrate certain disputes and claims with Urge New Jersey LLC and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.

  1. No Representative Actions. You and Urge New Jersey LLC agree that any dispute arising out of or related to these Terms or our Services is personal to you and Urge New Jersey LLC and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

  2. Arbitration of Disputes. You and Urge New Jersey LLC waive your rights to a jury trial and to have any disputes, regarding anything whatsoever between us, resolved in court and instead agree that such disputes shall be resolved through binding arbitration. This agreement to arbitrate disputes includes, but is not limited to, any and all claims for relief and theories of liability between you and Urge New Jersey LLC, whether based in contract, tort, fraud, negligence, regulation, or ordinance; claims for relief under any state or federal statutes, claims for common law fraud, misrepresentation, or any other legal or equitable theory arising out of your relationship with Urge New Jersey LLC, and/or any interactions between you and Urge New Jersey LLC. If there is a final judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

  3. Notice Requirement. For any dispute or claim that you have against Urge New Jersey LLC or relating in any way to the Services, you may either proceed directly to arbitration, or you may first contact Urge New Jersey LLC and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Urge New Jersey LLC by email at [email protected] or by certified mail addressed to 941 Elizabeth Ave, Elizabeth, NJ 07201. If you elect to pursue pre-arbitration resolution through the Notice option, the Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Urge New Jersey LLC shall also have the option, but not the requirement, to pursue informal pre-arbitration resolution with you through the Notice process set forth herein. Our notice to you, as and if applicable, will be similar in form to that described above. If you and Urge New Jersey LLC cannot reach an agreement to resolve the claim through the Notice process, or if you or Urge New Jersey LLC decide to immediately proceed to arbitration without pursuing pre-arbitration resolution through the Notice process, then either party may submit the dispute to binding arbitration administered by the American Arbitration Association (“AAA”). All disputes submitted to AAA will be resolved through confidential, binding arbitration under the AAA Consumer Arbitration Rules. The most recent version of the AAA Consumer Arbitration Rules are available on the AAA website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the AAA Consumer Arbitration Rules or waive your opportunity to read the AAA Consumer Arbitration Rules and waive any claim that the AAA Consumer Arbitration Rules are unfair or should not apply for any reason.

  4. Applicability of FAA. You and Urge New Jersey LLC agree that these Terms affect interstate commerce and that the enforceability of this Clause 10 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law.

  5. Delegation. You and Urge New Jersey LLC clearly and unmistakably agree that the arbitrator shall have the power to rule on his or her own jurisdiction, and the existence, scope, validity, and arbitrability of these Terms. This delegation provision shall be deemed a contract entered into under the laws of the State of Florida and will be governed by the laws of the State of Florida together with the Federal Arbitration Act.

  6. Confidentiality. The arbitrator, Urge New Jersey LLC, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

  7. Opt Out. You have the right to opt out of binding arbitration within 10 days of the date you first accepted the terms of this Clause 10 by sending a written opt-out notice via certified mail to 941 Elizabeth Ave, Elizabeth, NJ 07201. To be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration.

  8. Severability. If any portion of this Clause 10 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Clause 10 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Clause 10; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Clause 10 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Clause 10 will be enforceable.