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Terms and Conditions

Last Modified: April 2025

Welcome to the Glass House Cultivation, LLC. website!

These Terms of Use, including any Glass House company policies referenced herein are expressly incorporated herein by reference (collectively, the “Terms of Use”), sets forth a legally binding agreement between you and Glass House Brands Inc. and its affiliates and subsidiaries (collectively, “Glass House,” “we,” “us” or “our”). These Terms of Use govern your use of and access to any website that provides a link to www.allswellhighs.com and any content or functionality that is provided or made available through such website (collectively, the “Site”), whether as a guest or a registered user. Please read these Terms of Use carefully before using or accessing the Site and feel free to contact us directly with any comments, questions or concerns. Our contact information is located at the bottom of these Terms of Use.

PLEASE NOTE THAT SECTION 19 BELOW CONTAINS A MUTUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRES YOU AND GLASS HOUSE TO RESOLVE ANY AND ALL DISPUTES WITH EACH OTHER ON AN INDIVIDUAL BASIS THROUGH BINDING ARBITRATION. PLEASE REVIEW SECTION 19 CAREFULLY.

1. Acceptance of Terms

By accessing, browsing, attempting to interact with or use any part of the Site, you understand, acknowledge and agree, without limitation or qualification, to be bound by these Terms of Use and to abide by all applicable law with regard to such use. If you do not agree to these Terms of Use, you are not authorized to access or use the Site. In addition, your access to and use of certain areas of the Site, or your ability to access and/or use certain content, features, or other functionality that is offered or made available to you through the Site, may require you to accept additional terms and conditions contained within certain Glass House company policies (collectively, the “Glass House Policy” or “Glass House Policies”). When using or accessing the Site, you shall be subject to the then-current rules or policies applicable to such use that may be posted or otherwise made available to you throughout the Site from time to time. The additional terms and conditions contained in the Glass House Policies are hereby incorporated herein by reference and made a part of these Terms of Use.

2. Age Requirements

You must be at least the age of 21 and fully able and competent to enter into and abide by these Terms of Use in order to access and use the Site. If you are under the age of 21, you are not permitted to use the Site and you may not submit any personal information to us. By using or accessing the Site, you represent and warrant that you are age 21 or over and you have the right, authority and capacity to enter into and abide by these Terms of Use.

3. Account Access Information

If you are required to create an account to access any part of the Site, you must treat your account information (including, without limitation, your username, password, and any other security or identifying information required as part of our security procedures) (collectively, the “Account Information”) as confidential, and you must not disclose the foregoing to any other person or entity. You also acknowledge that your account is personal to you and you agree not to provide any other person or entity with access to the Site or portions of it using your Account Information. You agree to notify us immediately of any unauthorized use of or access to your username or password or any other breach of security. You agree to be responsible for any use of or access to the Site using your Account Information. You also agree to ensure that you exit or sign off from your account at the end of each session. Please be careful when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable or suspend any Account Information, whether chosen by you or assigned to you by us, at any time, if we determine or have reason to believe that you have violated any provision of these Terms of Use.

4. Restrictions on the Use of the Glass House Website

Solely for Personal Use

You may browse the Site and the products (as defined in Section 12 below), services and all associated content contained within it, including, without limitation, any articles or recommendations, solely for your personal use and enjoyment and not for your commercial use or gain. This Site or any portion thereof may not be redistributed, reproduced, republished, retransmitted, displayed, duplicated, copied, sold, resold, distributed, sublicensed or otherwise exploited for any commercial purpose without our express written consent.

Accuracy of Information as a Condition to Site Access

To access parts of the Site or any of the resources it offers, you may be asked to provide certain, sometimes personal, information subject to our Privacy Policy (as defined below in Section 6). It is a condition of your use of and access to the Site that all the information you provide on the Site is correct, current, and complete.

Restricted Transmission

You agree not to use any device, software, or to otherwise interfere with the proper functioning of the Site. In using or accessing the Site, you agree not to take any of the following actions:

Transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including images and language;

Transmit any message that constitutes, encourages, or incites conduct that would constitute a criminal offense or give rise to civil liability;

Transmit or solicit any information, software, or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights; is protected by copyright, trademark, or other proprietary rights; or is a derivative work with respect thereto, without first obtaining permission from the owner or licensor;

Transmit any information, software, or other material that contains a virus, trojan horse, time bomb, worm or other rogue programming or other harmful component;

Use any software, tool, data, device, or other mechanism to navigate or search the Site, other than publicly available browsers;

Frame or utilize framing techniques to enclose any aspect of the Site, including any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form) without our express written consent;

Use any metatags or any other “hidden text” utilizing our name or trademarks without our express written consent; or

Reverse engineer or hack into the Site, or use the information, materials, products or services in violation of applicable law.

Other Restrictions

Additionally, you agree not to violate or attempt to violate any security features of the Site, including, without limitation:

  • Accessing content or data not intended for you or logging onto a server that you are not authorized to access;
  • Attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
  • Interfering or attempting to interfere with service to any visitor, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
  • Violating security features that prevent or restrict the use or copying of any content or which enforce limitations on the use of or access to the Site or any content on the Site, including, without limitation, by the use of any manual or automated software, devices, scripts bots, crawlers, spiders, data miners, scraping or other automatic access tools;
  • Using the Site to send unsolicited e-mail, promotions or advertisements for products or services;
  • Forging any TCP/IP packet header or any part of the header information in any e-mail or posting; or
  • Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Site.

Your violation of our system or network security may subject you to civil and/or criminal liability. Your use of and access to the Site is at our discretion at all times and we may suspend or terminate your access and use at any time without notice to you.

We reserve the right, but we are not obligated, to monitor materials posted on the Site and we have the right to remove any information deemed offensive, obscene, improper or which otherwise violate our Terms of Use, Privacy Policy or any other Glass House company policy.

5. User Covenants

By using or accessing the Site, you understand, acknowledge, agree and represent as follows:

  • You understand that the products, services and information provided on and through the Site are intended for informational purposes only;
  • You will comply with all applicable federal, state or local laws (including, without limitation, those pertaining to libel, slander, defamation, trade libel, product or service disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright, patent or trademark infringement) in using or accessing the Site, including with respect to any products or services made available to you on or through the Site, and you will not perform or fail to perform any act that you know or reasonably should know would place us in violation of any applicable law. You agree to comply with all laws and regulations regarding online conduct and acceptable content and regarding the transmission of technical data exported from the United States or if you are outside the United States, the country from which you access the Site, products and the services provided on the Site;
  • You have the authority and capacity, under the laws of the state or jurisdiction in which you reside, to make the representations and be bound by the covenants provided herein; and
  • You agree that any information provided by you is truthful, accurate and complete to the best of your knowledge.

6. Privacy Policy

While using or accessing our Site, you will be subject to all posted Glass House Policies, guidelines or rules applicable to your use of and access to the Site including, but not limited to, our Privacy Policy which governs the collection and processing of all personal information provided by and collected from you in any manner in connection therewith.

7. Copyrights, Trademarks, Patents and Other Proprietary Rights

You understand, acknowledge and agree that the Site contains proprietary and confidential information that is or may be the property of Glass House, its licensors or other third parties and that the content contained in advertisements, products, services, information or any software used in connection therein provided to you through the Site are protected by certain intellectual property laws including copyright, Trademark (defined below), service mark, patent or other proprietary rights (collectively, the “Intellectual Property Rights”). When accessing the Site, you agree to obey such laws and you agree that you shall be solely responsible for any infringement of third-party rights caused by your use of and access to the Site. No rights or title of to any of the proprietary and confidential information contained in the Site or any software used in connection with any products or services offered is provided, transferred or assigned to you.

As between you and Glass House, all content on the Site, including text, hidden text within our source code, trademarks, software, photos, video, images, graphics, music, audio-visual content, podcasts, recordings, sound, or any other digital media, are owned by us and/or our licensors and is subject to protection by laws governing Intellectual Property Rights. In addition, the entire content of the Site is copyrighted as a collective work under the United States copyright laws, and we own the copyright in the selection, coordination, arrangement, and enhancement of such content. Any feedback you provide to us relating to the Site, or the information, product or services provided on the Site, is not confidential and we are free to use such information on an unrestricted and unconditional basis.

All trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) appearing on the Site are the property of their respective owners, including, in some instances, Glass House or its licensors. Nothing contained on the Site shall grant to you, by implication or otherwise, a license or right to use any of the Trademarks or copyrights owned by Glass House, its licensors or by any other third party.

Except as expressly provided herein, you may not modify, create derivative works, copy, redistribute, reproduce, publish, transmit, display, commercialize, sell, distribute or in any other way exploit any content, information or material from the Site, in whole or in part, without the express written permission from Glass House and, if applicable, the respective Intellectual Property Rights owner. Under no circumstance will you acquire any ownership rights or other interest by downloading or printing copyrighted material, content or by using or accessing the Site.

8. Monitoring; Copyright Complaints

You understand, acknowledge and agree that we have the right, but not the obligation, to monitor, suspend, terminate, edit, disclose, refuse to post or remove at any time and for any reason in our sole discretion, any material or content anywhere on the Site. Notwithstanding this right, we do not and cannot review all content or materials submitted to the Site. If notified, we may investigate an allegation that content transmitted to us is in violation of these Terms of Use, a Glass House company policy or applicable law and at our discretion, we may have the content removed. However, we are under no obligation to remove content and we assume no responsibility or liability arising from or relating to any action or inaction or the content transmitted by or between you and any third party within or outside of the Site, including, but not limited to, any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.

Digital Millennium Copyright Act

We may, in appropriate circumstances and at our sole discretion and without notice, suspend or immediately terminate the access of users who infringe or otherwise violate the Intellectual Property Rights of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes a copyright infringement, you may notify us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. sec. 512) or its successor regulation:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other Intellectual Property Right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at the Site are covered by a single notification, a representative list of such works at the Site;
  • Identification and a description of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or deleted from the Site or access to which is to be disabled, and information reasonably sufficient to permit us to locate the allegedly infringing material on the Site;
  • Information reasonably sufficient to permit us to contact you, such as your first and last name, address, telephone number and e-mail address;
  • A statement that you have a good faith belief that the disputed use of the allegedly infringing material is not authorized by you (if you are the copyright owner), your agent, the copyright owner or the law; and
  • A statement that the information in the notification is accurate, and, under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the copyright owner with respect to the copyrighted work that is allegedly infringed.

Please send the notice to us by e-mail to legal@glasshousegroup.com and by U.S. Mail to:

Glass House Brands, Inc
3645 Long Beach Blvd.
Long Beach, CA 90807

9. Third-Party Sites

We may provide links and pointers to internet sites owned, controlled or maintained by others (the “Third-Party Sites”) that are not affiliated with us and which may be located in different countries and that may be subject to different regulations and laws. We have not reviewed all of the Third-Party Sites linked to this Site and we are not responsible for the content, materials, products or services offered on such Third-Party Sites, including, but not limited to, any advertising, order processing and fulfillment, or payment terms related to such Third-Party Sites. In addition, access to participating retailers does not constitute an endorsement by us of any particular retailer, or the content, products or services offered by such retailer. We have no responsibility or liability for these Third-Party Sites’ independent policies (including their terms of use or privacy policies) or actions and we are not responsible for their business practices. We recommend that you review the Third-Party Sites’ policies and any complaints, claims, concerns, or questions regarding the Third-Party Sites should be directed to the applicable Third-Party Site.

While we may provide links, pointers and locations of participating retailers and vendors who sell certain products or services online, we cannot control the completion or validity of the transactions of such retailers and vendors or the content of such Third-Party Sites. These Third-Party Sites are provided only for your convenience and therefore you access them at your own risk. We seek to protect the integrity of the Site and the links placed upon it. We therefore welcome any feedback about our own Site and the Third-Party Sites, retailers and vendors we link to and/or identify on our Site (e.g., if a specific link does not work).

If we provide links to certain Third-Party Sites such as the social media platforms Facebook, Instagram or Twitter and you choose to visit those websites through our links, the personal information you post, transmit, or otherwise make available on those websites may be viewed by the general public. We do not control any content or information made available on social media pages and we are not responsible for any third-party use of or access to your personal information, including, without limitation, personally identifiable information or any other informatoin that you have posted, transmitted, or otherwise made available on the social media pages.

10. Updates to the Website

We will not be liable if, for any reason, all or part of the Site is unavailable or offline. We reserve the right at any time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice to you. We undertake no obligation to update, amend, or clarify information on the Site, except as required by applicable law. No specified update or refresh date applied on the Site should be taken to indicate that all information on the Site has been modified or updated. When reviewing information on the Site, please keep in mind that such information may not represent the complete or updated information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on the Site to become inaccurate, incomplete or outdated.

While we strive to provide accurate, complete and updated descriptions of products or services, we do not warrant that the descriptions, pricing, or other content on the Site are accurate, complete or current. On occasion, information on the Site may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions. We reserve the right to, at any time and without prior notice to you, to correct any errors, inaccuracies, or omissions, and to cancel any orders (to the extent that we are able to) resulting therefrom and to change or update information.

11. Updates to these Terms of Use

THE MOST CURRENT VERSION OF THESE TERMS OF USE, AS DATED AT THE TOP OF THIS PAGE, SUPERSEDES ALL PREVIOUS VERSIONS AND IS EFFECTIVE IMMEDIATELY. WE RESERVE THE RIGHT TO MAKE CHANGES, UPDATES, MODIFICATIONS, ADDITIONS OR DELETIONS TO THESE TERMS OF USE FROM TIME TO TIME, AT OUR DISCRETION AND CONSISTENT WITH APPLICABLE LAW. We highly recommend that you check these Terms of Use periodically for the most updated information.

YOUR CONSENT AND ACKNOWLEDGEMENT TO THESE TERMS OF USE OR YOUR CONTINUED USE OF AND ACCESS TO THE SITE SERVES AS AN ATTESTATION THAT YOU HAVE READ, UNDERSTAND AND ACCEPT THESE TERMS OF USE AND THAT YOU FULLY UNDERSTAND, INTEND, AND AGREE TO BE LEGALLY BOUND BY IT.

12. Regulatory Disclaimers

You expressly understand, acknowledge and agree that cannabis is listed on Schedule I of the Controlled Substances Act of 1970 (the “CSA”). Under the federal laws of the United States, manufacturing, distributing, dispensing and/or possession of cannabis is illegal and individuals are subject to arrest and/or prosecution for each of the foregoing. You further understand, acknowledge and agree that there is the risk of federal prosecution for violation of the CSA even if you are fully compliant with applicable state and local laws, and any prosecution for violation of the CSA may result in incarceration, criminal and civil penalties and/or forfeiture of property. You also expressly acknowledge and understand that the interstate transportation of marijuana is a federal offense, and that medical use is not recognized as a valid defense under federal laws regarding cannabis.

You understand, acknowledge and agree that the use, possession, cultivation, manufacturing, transportation, and distribution of marijuana or cannabis may be illegal in your state of residence and/or in the state where you are located unless all participants are acting completely within the scope of the state’s applicable laws. While the Site may be accessed and used from various locations, in all cases you must abide by and follow the applicable laws of the state, city, county, municipality, or jurisdiction in which you reside in or are located in order to use the Site. You expressly understand, acknowledge and agree, and assume full responsibility for compliance with the applicable laws of your location while using or accessing the Site.

You understand, acknowledge and agree that any statements relating to marijuana or cannabis products, goods and/or accessories that are described or otherwise mentioned on the Site (collectively, the “product” or “products”) have not been evaluated by the U.S. Food and Drug Administration (“FDA”). You further understand, acknowledge and agree that the products have not been approved or endorsed by the FDA or any regulatory agency. The products are not intended to diagnose, treat, cure, mitigate, or prevent any medical condition, illness, or disease. You expressly understand, acknowledge and agree that any and all product information that is provided or made available to you by or through the Site is provided and/or made available “as is” without any warranty or representation of any kind or nature whatsoever, and that such product information is designed for informational purposes only, and it is not intended nor shall it be considered or deemed to be a substitute for informed medical advice or care. If you are pregnant, nursing, taking medication, or have a medical condition, you should consult with a medical physician before using any products.

13. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOUR USE OF AND ACCESS TO THE SITE (INCLUDING INFORMATION MADE AVAILABLE ON OR THROUGH THE SITE) IS AT YOUR SOLE RISK. THE SITE (INCLUDING INFORMATION MADE AVAILABLE ON OR THROUGH THE SITE) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SITE (INCLUDING INFORMATION MADE AVAILABLE ON OR THROUGH THE SITE, OR ANY FUNCTION OR CONTENT CONTAINED ON THE SITE OR ANY SERVICE) WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, THAT THE SITE OR ITS FEATURES WILL BE ACCESSIBLE AT ALL TIMES, UNFAILINGLY SECURE, OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE WILL BE ACCURATE OR RELIABLE, THAT THE QUALITY OF ANY INFORMATION, PRODUCTS, SERVICES OR MATERIALS OBTAINED BY YOU THROUGH YOUR USE OF AND ACCESS TO THE SITE WILL MEET YOUR EXPECTATIONS OR THAT ANY ERRORS OR DEFECTS IN THE SITE WILL BE CORRECTED. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF AND ACCESS TO THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/OR USE OF SUCH MATERIAL.

YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. WE MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES AS TO, AND ASSUME NO RESPONSIBILITY FOR, THE ACCURACY, CORRECTNESS, SUFFICIENCY, COMPLETENESS, OR EFFICACY OF THE INFORMATION, MATERIALS OR STATEMENTS PROVIDED OR MADE AVAILABLE THROUGH THE SITE OR ON ANY THIRD-PARTY SITES. We are not responsible for any loss resulting from your reliance on OR USE OF such information.

WE DO NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR USE OF OR ACCESS TO THE SITE AND, THEREFORE, WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY WITH REGARD TO ANY ACTS OR OMISSIONS RESULTING FROM YOUR USE OF OR ACCESS TO THE SITE. WE ALSO DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF OR ACCESS TO THE SITE. WE DO NOT WARRANT THAT THE SITE OR SERVER, INFORMATION, CONTENT, OR MATERIALS PROVIDED OR MADE AVAILABLE TO YOU BY OR THROUGH THE SITE ARE FREE OF VIRUSES, CONTAMINATION, DESTRUCTIVE FEATURES OR OTHER HARMFUL COMPONENTS. THE FOREGOING LIMITATION OF LIABILITY IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN YOU AND GLASS HOUSE UNDER THESE TERMS OF USE.

YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF AND ACCESS TO THE SITE (INCLUDING ANY CONTENT, LINKS, MATERIAL OR INFORMATION THAT IS PROVIDED OR OTHERWISE MADE AVAILABLE BY OR THROUGH THE SITE) SHALL BE TO DISCONTINUE USING THE SITE.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL GLASS HOUSE AND/OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, BUSINESS PARTNERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR USE OF AMD ACCESS TO THE SITE OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE OR INCOME, GOODWILL, USE, DATA OR OTHER SIMILAR, INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLE FORESEEABLE), RESULTING FROM: (I) THE USE, ACCESS TO OR THE INABILITY TO USE OR ACCESS THE SITE; (II) ANY ACT OR OMISSION BY YOU THAT IS BASED (IN WHOLE OR IN PART) ON ANY INFORMATION, STATEMENT OR CONTENT THAT IS PROVIDED OR OTHERWISE MADE AVAILABLE TO YOU BY OR THROUGH THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, OR OTHER DATA; OR (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE. IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF GLASS HOUSE (AND ITS LICENSORS, SERVICE PROVIDERS, BUSINESS PARTNERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS) TO YOU, FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED, FOR ANY AND ALL CLAIMS, IN THE AGGREGATE, ONE HUNDRED U.S. DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND/OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS (INCLUDING CERTAIN RIGHTS UNDER CONSUMER LAWS). THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW; PROVIDED, HOWEVER, ALL OTHER TERMS AND PROVISIONS IN THIS TERMS OF USE WILL REMAIN IN FULL FORCE AND EFFECT.

15. Indemnification

You understand, acknowledge and agree to indemnify, defend, and hold harmless Glass House, its affiliates, subsidiaries, and each of it and their respective shareholders, members, managers, directors, officers, employees, personnel, agents, successors and assigns (collectively, the “Glass House Parties”), its business partners, advertisers, and service providers from and against any and all claims, allegations, demands, actions, causes of action, lawsuits, investigations and proceedings including any and all liability, loss, costs, expenses, damages, judgments, awards (including reasonable attorneys’ fees), settlements, fines, penalties and losses of any kind or nature whatsoever resulting from, arising out of, relating to or in connection with any of the following: (i) your violation or breach of these Terms of Use; (ii) your use of or access to the Site or any content, link, material, or information, products or services accessed from the Site; (iii) your violation of any rights of any third party; or (iv) any claim relating to any information you post, display or transmit through the Site. This indemnification obligation will continue after you stop using or accessing the Site.

YOU HEREBY EXPRESSLY RELEASE EACH OF THE GLASS HOUSE PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, OR SUITS IN CONNECTION WITH YOUR USE OF AND ACCESS TO THE SITE, INCLUDING ANY LIABILITY RELATING TO THE GLASS HOUSE PARTIES’ USE OR NON-USE OF ANY INFORMATION YOU POST, DISPLAY OR TRANSMIT, CLAIMS FOR DEFAMATION, INVASION OF PRIVACY, RIGHT OF PUBLICITY, EMOTIONAL DISTRESS, AND/OR ECONOMIC LOSS. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY CLAIM AND MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AT YOUR EXPENSE, AND YOU SHALL NOT, IN ANY EVENT, SETTLE OR OTHERWISE DISPOSE OF ANY MATTER WITHOUT OUR PRIOR WRITTEN CONSENT.

16. Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Use, for any failure or delay in our performance under these Terms of Use when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, disease outbreak, lockouts, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting transportation carriers, the inability to obtain or a delay in obtaining adequate or suitable supplies, breakdown of materials or telecommunications, or power outage.

17. Notices

We may send you responses or notices by e-mail, by posting to the Site, or by written communication sent by U.S. Postal Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

18. Governing Law

These Terms of Use and your use of or access to the Site shall be governed by and construed for both substantive and procedural purposes in accordance with the laws of the State of California, U.S.A., without giving effect to any conflict of law provision that would cause the laws of any jurisdiction other than those of the State of California to apply.
YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE SITE, ANY PRODUCT OR SERVICE PROVIDED BY OR THROUGH THE SITE, OR THESE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR THE CLAIM WILL BE FOREVER BARRED (WHICH MEANS THAT YOU WILL NEVER BE ABLE TO FILE A LEGAL ACTION AGAINST US WITH RESPECT TO SUCH CLAIM OR CAUSE OF ACTION).

19. Dispute Resolution

Arbitration and Venue

Any dispute relating to your use of and access to the Site shall be submitted to final and binding arbitration in Los Angeles, CA except to the extent that you have violated or threatened to violate certain Intellectual Property Rights, in which case, we may seek injunctive or other appropriate relief in any state or federal court in Los Angeles, CA, and you consent to jurisdiction and venue in such courts. Arbitration under these Terms of Use shall be conducted under the rules then prevailing of the American Arbitration Association in accordance with its Commercial Arbitration Rules and before a single arbitrator.

The expenses of the arbitration shall be borne by the prevailing party or otherwise as appropriately allocated between you and Glass House by the arbitrator in his or her discretion. However, in every other regard, each party shall pay for and bear its own costs, legal fees and expenses. The arbitration shall be completed within one hundred twenty (120) days of either giving notice or filing a demand to arbitrate with the American Arbitration Association (whichever shall first occur).

Class Action Waiver

You expressly understand, acknowledge and agree that this Class Action Waiver clause prevents or limits your ability to participate in any class action lawsuit against us. This waiver prevents you from joining together with other Site users to file a legal action against us and instead, requires you to pursue an individual claim(s) to resolve any disputes or grievances you may have against us.

To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other Site user subject to these Terms of Use, whether through class action arbitration proceedings or otherwise. You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR GLASS HOUSE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY, WITH OR AGAINST OTHER SITE USERS OR PARTIES IN COURT OR IN ARBITRATION OR TO OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL ACTION. The arbitrator may not consolidate more than one (1) person or party’s claim(s) and may not otherwise preside over any form of a representative or class proceeding. The arbitrator has no power to consider the enforceability of this class action waiver and any challenge to this class action waiver may only be raised in a court of competent jurisdiction.

20. Miscellaneous – You understand, acknowledge and agree to the following:

  • The division of these Terms of Use into sections and the headings of the various sections in these Terms of Use are for convenience of reference only and shall not affect its construction or interpretation.
  • Any principle of construction or rule of law that provides that an agreement shall be construed against the drafter to the extent there is any inconsistency or ambiguity in the Terms of Use shall not apply.
  • Our failure or delay to enforce strict performance of any provision in these Terms of Use shall not be construed as a waiver of any provision or right.
  • Neither the course of conduct between you and Glass House nor its business practices shall act to modify these Terms of Use.
  • We may assign our rights and duties under these Terms of Use to any party at any time without notice to you and without your consent. You will not assign any of your rights or delegate any of your obligations under these Terms of Use to any other person or party without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. Notwithstanding the foregoing, no assignment or delegation relieves you of any of your obligations under these Terms of Use.
  • There shall be no third-party beneficiaries to these Terms of Use.
  • Any provision of these Terms of Use that contemplates performance or observance subsequent to any expiration or termination of these Terms of Use, or which is otherwise necessary to interpret the respective rights and obligations of you and Glass House hereunder, shall survive any expiration or termination of these Terms of Use and shall continue in full force and effect.
  • If any provision of these Terms of Use shall be held unlawful, void, or for any reason unenforceable, in whole or in part, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions.
  • These Terms of Use and all other Glass House company policies incorporated herein by reference, constitute the entire agreement between you and Glass House pertaining to your use of and access to the Site and supersede any and all written or oral agreements previously existing between you and Glass House with respect to such subject matter.
  • Nothing contained herein shall be construed to make you a partner, joint venturer, representative or agent of Glass House, and you shall not hold yourself out as such. You do not have any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of Glass House.

21. Consumer Rights Notice for California Residents

Under California Civil Code Section 1789.3, California residents may file complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted at 1625 North Market Blvd., Suite N. 112, Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210.

You may also contact Glass House using the contact information shown below.

22. Web Accessibility Statement

We seek to lower technical barriers to accessibility on our Site, mobile applications and other digital platforms (collectively, “Digital Platforms”) for persons with disabilities. We understand that individuals with varying disabilities may seek information on our Digital Platforms, and it is our goal to provide such individuals access to the content, features and functionality available through our Site.

We take a number of steps to make our Digital Platforms accessible. In addition, we will continue to implement commercially reasonable changes to improve accessibility to the content, features and functionality of our Digital Platforms.

If you are unable to access any content, feature or functionality available on or through our Digital Platforms, please email us at info@glasshousegroup.com. We will make reasonable efforts to address the issue, which may include providing you an alternative method(s) for obtaining the content, accessing the functionality or features, and/or fulfilling your request.

23. Contact Us

If you have any questions or comments regarding these Terms of Use, our Privacy Policy or the Site, please feel free to contact us by e-mail at legal@glasshousegroup.com, via our customer service form or by mail:

Glass House Brands, Inc.
Attn: Legal & Compliance Department
3645 Long Beach Blvd.
Long Beach, CA 90807