Are you 21+?
Welcome to the Terms of Use for Midnight Moon and its affiliates (“Company,” “we,” “us,” or “our”). For purposes of this agreement, “Site” refers to the Company’s website (e.g., https://www.midnightmoon.nyc or other Company-owned domains). “Service” refers to the Company’s services accessed via the Site, including browsing dispensary information, viewing educational material, viewing product menus, joining marketing programs, making appointments, and placing orders for in-store pickup or delivery (where available and permitted by law). “You” refers to you, as a user of our Site or our Service.
These Terms of Use (“Terms”) apply when you view or use the Service via our Site. Please review them carefully. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not access or use the Service.
We respect your privacy. Please refer to our Privacy Policy (https://www.midnightmoon.nyc/privacy-policy) for information on how we collect, use, and disclose information about you. By accessing or using the Service, you agree to our Privacy Policy as well as these Terms.
The Service allows you to browse information about Midnight Moon, view educational material, view product menus, make appointments, and place orders for pickup or delivery (where available). Cannabis products are only sold to individuals 21+ and only within applicable state and local laws and regulations.
Your permission to use the Site is conditioned on the following. You agree you will not:
If the Service allows you to submit information (e.g., age, contact details, profile information, reviews, messages) (“User Content”), you are solely responsible for your User Content. We act as a passive conduit for online distribution of User Content but may remove any User Content at our sole discretion.
By transmitting or submitting User Content, you agree:
You understand that any liability, loss, or damage arising from your User Content (or your access to others’ content) is your sole responsibility. We do not pre-screen all User Content, but we (or technologies we employ) may monitor and/or record interactions with the Service.
Opinions, advice, statements, offers, or other information made available through the Service—but not directly by us—are those of their respective authors. We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or Service, nor do we adopt or endorse any such content. We are not responsible for User Content posted or sent via the Service. You rely on such information at your own risk.
The Service may provide links to third-party websites or incorporate third-party applications, software, or content (collectively, “Third-Party Services”), such as e-commerce/order platforms or delivery partners. We do not control and are not responsible for Third-Party Services, including their content, accuracy, or policies. Inclusion of or linking to Third-Party Services does not imply endorsement. If you access or use Third-Party Services, you do so at your own risk and their terms and privacy policies will apply.
(A) Termination of Repeat Infringer Accounts. We respect intellectual property rights and require our users to do the same. In accordance with 17 U.S.C. §512(i), we may terminate, in appropriate circumstances, users who are repeat infringers.
(B) DMCA Notices. If you are a copyright owner (or agent) and believe in good faith that materials on the Service infringe your copyrights, send a written notice to our designated DMCA agent with:
(C) Counter-Notices. If your content was removed in error, you may send a counter-notice to the DMCA agent containing:
If we receive a valid counter-notice, we may provide a copy to the original complainant. Unless the copyright owner files an action seeking a court order, we may restore the material in 10–14 business days at our discretion.
By posting any User Content via the Service, you grant the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and create derivative works of such User Content (and your name, voice, and/or likeness as contained therein, if applicable) in any media now known or later developed, for use in connection with the Service and our business.
We and our licensors retain ownership of all intellectual property rights related to the Service, including copyrights, trademarks, and other proprietary rights. Other product and company names mentioned on the Service may be trademarks of their respective owners. We reserve all rights not expressly granted to you in these Terms.
Communications made through the Service’s email or messaging tools will not constitute legal notice to the Company or any of its officers, employees, agents, or representatives where legal notice is required by contract or law.
For contractual purposes, you: (a) consent to receive communications from us in electronic form at the email address you provided; and (b) agree that all Terms, agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. You may have non-waivable rights under applicable law.
We may also send you messages about the Site/Service and special offers. You can opt out by using the Unsubscribe link, updating your account settings, or emailing hello@midnightmoon.nyc. Opting out of marketing may still allow you to receive transactional messages (e.g., order confirmations).
THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RISK FOR YOUR USE OF THE SERVICE AND ANY MATERIALS OBTAINED THROUGH IT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS; SOME LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, LICENSORS, OR PARTNERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, USE, OR DATA, ARISING OUT OF OR RELATED TO: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE IT AVAILABLE; OR (D) OTHER INTERACTIONS WITH US OR ANY USER, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS LIMIT LIABILITY DISCLAIMERS; SOME LIMITATIONS MAY NOT APPLY TO YOU.
If you have a dispute with another user or any third party arising from your use of the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages of every kind, known and unknown, arising out of or in any way related to such disputes. If you are a California resident, you waive California Civil Code §1542 (and comparable statutes), which states that a general release does not extend to claims you do not know or suspect to exist in your favor at the time of executing the release.
We may amend these Terms at any time. We’ll post updated Terms on the Site and, where appropriate, notify you (e.g., homepage notice and/or email). Your continued use of the Site or Service constitutes acceptance of the updated Terms. Keep your contact information current. Any changes not made as described in this paragraph, or any waiver of our rights, are valid only if in a written agreement signed by our authorized officer.
If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. Failure to enforce any provision is not a waiver. Our rights and obligations under these Terms survive any termination.
Time to Bring Claims. Any cause of action related to or arising out of your relationship with the Company must commence within one (1) year after the cause of action accrues; otherwise, it is permanently barred.
Governing Law & Venue. These Terms and your use of the Site are governed by the federal laws of the United States and the laws of the State of New York, without regard to conflict-of-law rules. You agree to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York.
Assignment. We may assign or delegate these Terms and/or our Privacy Policy, in whole or in part, to any person or entity at any time, with or without notice. You may not assign or delegate your rights or obligations without our prior written consent; any unauthorized assignment is void.
Entire Agreement. YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND. THESE TERMS, TOGETHER WITH OUR PRIVACY POLICY (AVAILABLE ON THE SITE), CONSTITUTE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND US, AND SUPERSEDE ALL PRIOR OR CONTEMPORANEOUS PROPOSALS OR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER HEREOF.