Terms of service

Terms of Service

These Terms of Service ("Terms") govern your access to and use of portcitygreens.com (the "Site") and the products sold by Port City Greens LLC ("Port City Greens," "we," "us," "our"). By using the Site or placing an order, you agree to these Terms.

If you do not agree, do not use the Site.

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1. WHO CAN USE THIS SITE

You must be at least 21 years of age to access the Site, view product pages, or place an order. By using the Site, you represent and warrant that:

· You are at least 21 years old.
· You are accessing the Site from a location where hemp products containing THCA are legal.
· You are providing accurate information about yourself and your shipping address.
· You are purchasing for personal use, not for resale, unless you have a separate written wholesale agreement with us.
· You are not pregnant or nursing.
· You are not purchasing on behalf of a minor.

We reserve the right to refuse service, cancel orders, or restrict access to the Site at our sole discretion.

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2. ABOUT OUR PRODUCTS

Port City Greens sells hemp flower and hemp-derived products that comply with the Agriculture Improvement Act of 2018 (the "2018 Farm Bill"). All products contain Total Δ9-THC at or below 0.3% by dry weight, verified by third-party ISO/IEC 17025-accredited laboratory testing.

Our products may contain naturally occurring cannabinoids, including but not limited to THCA, which can convert to Δ9-THC when heated. Consumption may cause psychoactive effects and may result in a positive drug test for cannabis.

The U.S. Food and Drug Administration has not evaluated statements made on this Site. Our products are not intended to diagnose, treat, cure, or prevent any disease. Consult a licensed medical professional before use, especially if you have a medical condition or take prescription medication.

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3. STATE LAW COMPLIANCE

Hemp law varies by state. It is your responsibility to verify that hemp-derived products are legal in your state, county, and city before placing an order. We do not ship to states where hemp products are restricted: Idaho, South Dakota, Iowa, Mississippi, Kansas, and Hawaii. We do not ship to U.S. territories or APO/FPO/DPO addresses.

If you place an order from a restricted location, the order will be canceled and refunded. Repeated attempts to circumvent state restrictions may result in account suspension.

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4. ORDERS, PRICING, AND PAYMENT

By placing an order, you make an offer to purchase. We reserve the right to accept or decline any order at our sole discretion. Reasons we may decline include but are not limited to: inability to verify age, suspected fraud, shipping address in a restricted state, inventory shortage, or pricing errors.

All prices are listed in U.S. dollars and are subject to change without notice. We are not responsible for typographical or pricing errors. If a pricing error is discovered after an order is placed, we may cancel the order and issue a full refund.

Payment must be received in full before an order is shipped or delivered. Accepted payment methods are listed at checkout.

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5. SHIPPING AND DELIVERY

Shipping, local delivery, and pickup terms are governed by our Shipping Policy. By placing an order, you agree to the terms of that policy, which is incorporated into these Terms by reference.

Adult signature (21+) is required at delivery for all orders. Failure to receive a delivery as a result of no adult being present is the buyer's responsibility.

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6. RETURNS AND REFUNDS

Returns and refunds are governed by our Refund Policy. Hemp flower is a consumable product, and most sales are final once a product is opened or used. By placing an order, you agree to the terms of the Refund Policy, which is incorporated into these Terms by reference.

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7. ACCOUNT REGISTRATION

You may be required to create an account to place certain orders or access certain features. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately if you suspect unauthorized access.

We reserve the right to suspend or terminate any account at our discretion, including for suspected fraud, repeated chargebacks, or violation of these Terms.

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8. INTELLECTUAL PROPERTY

All content on the Site — including the "Port City Greens" name, the cargo ship logo, the "WILMINGTON · NC" lockup, all photography, copy, product names (including "Cape Fear Kush," "Frying Pan Haze," "Carolina Sunrise"), the visual identity, and the layout of the Site — is the property of Port City Greens LLC and is protected by copyright, trademark, and trade dress law.

You may not copy, reproduce, modify, distribute, or use any content from the Site for commercial purposes without our prior written consent.

The phrase "in the spirit of [strain name]" used in our product descriptions is a deliberate framing to honor strain heritage without claiming our flower is the originally-named cultivar. Use of well-known strain names (e.g., OG Kush, Purple Haze, Lemon Cherry Gelato) on our Site is descriptive and does not imply affiliation with, endorsement by, or sourcing from any cultivator, breeder, or brand that may hold rights in those names.

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9. USER CONDUCT

You agree not to:

· Use the Site for any unlawful purpose
· Misrepresent your age, identity, or location
· Attempt to access the Site from a restricted state by using a VPN or false address
· Resell our products without a written wholesale agreement
· Reproduce, redistribute, or post our lab results, COAs, or product photography as if they were your own
· Use the Site to harass, threaten, or defame any person, including our staff
· Attempt to interfere with the Site, its security, or other users' access
· Submit false chargebacks or fraudulent disputes

Violation of any of the above may result in order cancellation, account termination, and legal action.

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10. DISCLAIMERS

THE SITE AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE MAKE NO MEDICAL CLAIMS ABOUT OUR PRODUCTS. ANY EFFECTS YOU EXPERIENCE FROM USE OF OUR PRODUCTS ARE YOUR OWN RESPONSIBILITY. WE STRONGLY RECOMMEND CONSULTING A LICENSED MEDICAL PROFESSIONAL BEFORE USE.

WE DO NOT GUARANTEE THAT YOU WILL PASS A DRUG TEST AFTER CONSUMING OUR PRODUCTS. HEMP PRODUCTS CAN AND DO CAUSE POSITIVE THC RESULTS ON STANDARD DRUG TESTS.

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11. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PORT CITY GREENS LLC, ITS OWNERS, EMPLOYEES, CONTRACTORS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

(A) YOUR USE OF OR INABILITY TO USE THE SITE OR PRODUCTS
(B) ANY EFFECTS, REAL OR PERCEIVED, FROM USE OF OUR PRODUCTS
(C) ANY EMPLOYMENT, LEGAL, MEDICAL, OR FINANCIAL CONSEQUENCE OF YOUR USE OF OUR PRODUCTS, INCLUDING POSITIVE DRUG TEST RESULTS
(D) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN
(E) ANY ERRORS OR OMISSIONS IN CONTENT

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM YOUR USE OF THE SITE OR PRODUCTS SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM.

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12. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Port City Greens LLC, its owners, employees, contractors, and affiliates from any claim, demand, loss, liability, damage, or expense (including reasonable attorneys' fees) arising from:

· Your use or misuse of our products
· Your violation of these Terms
· Your violation of any law or regulation
· Your violation of any third party's rights

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13. GOVERNING LAW AND DISPUTES

These Terms are governed by the laws of the State of North Carolina, without regard to its conflict of law principles.

Any dispute arising from or relating to these Terms or your use of the Site shall be resolved through binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration shall take place in New Hanover County, North Carolina, or remotely at the arbitrator's discretion.

You waive your right to participate in any class action, class arbitration, or representative proceeding against Port City Greens LLC.

If for any reason a claim proceeds in court rather than arbitration, the exclusive jurisdiction shall be the state and federal courts located in New Hanover County, North Carolina.

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14. MODIFICATIONS TO THESE TERMS

We may update these Terms at any time. The "Last updated" date at the top reflects the most recent revision. Continued use of the Site after changes are posted constitutes acceptance of the revised Terms.

For material changes, we will make reasonable efforts to notify customers by email if we have your email on file.

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15. SEVERABILITY

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

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16. CONTACT

Questions about these Terms?

Port City Greens LLC

Wilmington, NC 28403
portcitygreens@gmail.com

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By placing an order or using the Site, you acknowledge that you have read, understood, and agreed to these Terms of Service.

These Terms do not constitute legal advice. Port City Greens recommends consulting an attorney for specific legal questions.