Terms and Conditions for Online Membership

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. 

BY PLACING AN ORDER FOR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE TWENTY-ONE YEARS OF AGE OR OLDER, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 21 YEARS OF AGE OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE STATE OR LOCAL LAW.

These terms and conditions (these “Terms”) apply to the purchase of services through  https://budstrader.com/ (the “Site”). These Terms are subject to change by Jerlo, LLC dba Budstrader (referred to as “Budstrader”, “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the Last Updated Date will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order through this Site

Acknowledgement of Federal Law.

By placing an order through the Site or otherwise using the Site, you expressly acknowledge that Budstrader is for residents of Oregon operating in compliance with Oregon state and local laws, regulations, and policies regarding cannabis, including, medical and recreational marijuana, and hemp. Marijuana is classified as a Schedule I controlled substance under the United States Controlled Substances Act. Under the federal laws of the United States of America, manufacturing, distributing, dispensing or possession of marijuana is illegal, and individuals are subject to arrest and prosecution based on their involvement with any Schedule I substance including marijuana. You acknowledge that compliance with Oregon law is not recognized as a valid defense under federal laws regarding cannabis. User also acknowledges that the interstate transportation of marijuana is a federal offense.

The Site is a forum for licensed cannabis companies in Oregon to connect with other licensed entities and with vendors, service providers, and other businesses focused on the cannabis industry in Oregon. Budstrader does not sell, buy, distribute, receive, donate or other transfer marijuana or hemp. Aside from allowing users to post and reply on the Site, Budstrader does not process payment, arrange for shipping, or otherwise facilitate transactions between users on the Site. 

Users who register with the Site may use the Site to inform and interact with other users about their products, prices, services, inventory, equipment, and other commercial activities related to marijuana and hemp. Use of the Site is conditioned on compliance with Oregon cannabis laws and regulations. Use of Site to sell, buy, distribute, receive, donate or otherwise transfer marijuana, hemp, paraphernalia, or other cannabis-related products in violation Oregon law and regulations is strictly prohibited. 

Order Acceptance and Cancellation

You agree that your order is an offer to buy, under these Terms, all services listed in your order. All orders must be accepted by us or we will not be obligated to fulfill your order. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details on your order. 

Prices and Payment Terms

  1. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling, if applicable. All such taxes and charges will be added to your order total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
  2. We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern. 
  3. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, if any, regardless of the amount quoted on the Site at the time of your order. 
  4. To the extent permitted by applicable law, payments are non-refundable and we do not provide refunds or credits.

Subscription Terms

The Site may include features that allow for automatically recurring payments for periodic charges (“Subscription Service”). If you decide to activate a Subscription Service, you authorize us to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your Subscription Service 14 days before it renews in order to avoid billing of the next periodic subscription fee to your account. If you cancel your Subscription Service you will continue to have access to the Subscription Service throughout the billing period. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). We may change the subscription fee for any subsequent subscription period but will provide you advance notice of any increase before it applies. You may cancel a Subscription Service through the settings page in your account or by contacting us bud@budstrader.com

Disclaimers

ALL SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. 

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. 

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

Limitation of Liability.

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICES YOU HAVE ORDERED THROUGH OUR SITE. 

The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.

Privacy

We respect your privacy and are committed to protecting it. Our Privacy Policy, governs the processing of all personal data collected from you in connection with your purchase through the Site.

Force Majeure.

 We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms 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, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Governing Law and Jurisdiction

This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule (whether of the State of Oregon or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Oregon.

Dispute Resolution and Binding Arbitration.

  • YOU AND BUDSTRADER ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

  • Any dispute, controversy or claim arising out of or in any way related to these terms and conditions or any transaction on this Website which cannot be amicably resolved by the parties shall be solely and finally settled by confidential arbitration administered by the Arbitration Service of Portland in accordance with its then in effect commercial arbitration rules.  Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.  The arbitration shall take place before a single arbitrator sitting in Portland, Oregon.  If the parties do not agree on an arbitrator, each party will designate an arbitrator and the arbitration will be held before a third arbitrator selected by the arbitrators designated by the parties.  The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of Oregon.  The decision of the arbitrators shall be in writing with written findings of fact and shall be final and binding on the Parties.  The arbitrator shall be empowered to award money damages, but shall not be empowered to award consequential damages, indirect damages, special damages, exemplary damages, punitive damages or specific performance.  In the event of any action or proceeding at law or in equity between the parties to enforce any of the provisions these terms and conditions, the unsuccessful party to such action or proceeding shall pay to the successful party all costs and expenses, including reasonable attorneys’ fees, incurred by such successful party.  This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to these terms and conditions.
  1. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BUDSTRADER WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

No Waivers

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Budstrader.

No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

Notices.

  1. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
  2. To Us. To give us notice under these Terms, you must contact us as follows: (i) by facsimile transmission to [FAX NUMBER]; or (ii) by personal delivery, overnight courier, or registered or certified mail to [NAME AND ADDRESS OF SELLER]. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

Severability

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

Entire Agreement

Our order confirmation, these Terms, the license agreement relating to any product or service you obtain on or through this Site, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. 

Geographic Restrictions

The owner of the Website is based in the State of Oregon in the United States. You are responsible for ensuring that any services purchased on the Site are legal to purchase and possess in the jurisdictions where they will be shipped. Services on this Site may not be legal in your local jurisdiction and you are responsible for compliance with local laws. You are encouraged to consult with an attorney regarding any questions related to any product or service offered for sale on this Site. 

Love the cannabis community?
So do we.

Stay up to date with with BudsTrader.com and BudsTrader partners.

By submitting this form, you will be subscribed to news and promotional emails from BudsTrader and you agree to BudsTrader Terms of Service. You can unsubscribe from BudsTrader email messages anytime.

This site is for people 21 years or older

are you 21 or older?

(Or 18+ with an omnp card)

I have read and agree to the website’s Terms of Use

Budstrader.com operates in compliance with state laws regarding access to cannabis. You must be 21 years of age or older or 18 with your Medical Marijuana Card to view this website. By clicking “YES” you swear and/or affirm under penalty of perjury that you are at least 21 years of age or 18 with your Medical Marijuana Card. Nothing on this website should be considered legal advice or as a substitute for legal advice.