TERMS OF USE

Last Revised: June 19, 2024

Welcome to Police & Thieves’ website located at https://www.policeandthieves.com/ (the “Website”). The Website is a copyrighted work belonging to Dope Apotheosis, Inc., d/b/a Police & Thieves (the “Company”, “us”, “our”, and “we”). Certain features of the Website may be subject to additional guidelines, terms, or rules, which will be posted on the Website in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms. These Terms of Use (these “Terms”) set forth a legally binding agreement between you (“You”) and the Company. By accessing, viewing, or using the content, material or any products or services available on or through this Website, You indicate that You understand and agree to use the Website in a manner consistent with these Terms.

THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT).

YOU MAY NOT ACCESS OR USE THE WEBSITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 21 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE WEBSITE.

  1. ACCOUNTS

    1. Account Creation. To use certain features, including online orders and purchases, of the Website, You must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. Account information is maintained and processed through third party providers. You are subject to such third party’s terms and conditions, as applicable. You represent and warrant that: (a) all required registration information You submit is truthful and accurate; and (b) You will maintain the accuracy of such information. You may delete Your Account at any time, for any reason, by following the instructions on the Website. The Company may suspend or terminate Your Account in accordance with Section 10.

    2. Account Responsibilities. You are responsible for maintaining the confidentiality of Your Account login information and are fully responsible for all activities that occur under Your Account. You agree to immediately notify the Company of any unauthorized use, or suspected unauthorized use of Your Account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with the above requirements.

  2. ACCESS TO THE WEBSITE

    1. License. Subject to these Terms, the Company grants You a non-transferable, non-exclusive, revocable, limited license to use and access the Website solely for Your own personal, noncommercial use.

    2. Certain Restrictions. The rights granted to You in these Terms are subject to the following restrictions: (a) You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website, whether in whole or in part, or any content displayed on the Website; (b) You shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Website; (c) You shall not access the Website in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Website shall be subject to these Terms. All copyright and other proprietary notices on the Website (or on any content displayed on the Website) must be retained on all copies thereof.

    3. Modification. The Company reserves the right, at any time, to modify, suspend, or discontinue the Website (in whole or in part) with or without notice to You. You agree that the Company will not be liable to You or to any third party for any modification, suspension, or discontinuation of the Website or any part thereof.

    4. No Support or Maintenance. You acknowledge and agree that the Company will have no obligation to provide You with any support or maintenance in connection with the Website.

    5. Ownership. Excluding any User Content that You may provide (defined below), You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in and to the Website and its content are owned by the Company or approved third parties such as the Company’s affiliates or suppliers. Neither these Terms (nor Your access to the Website) transfers to You or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. The Company and its licensors reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

    6. Loyalty Program. If You enroll in our loyalty program, You will earn points and rewards as set forth at the time of Your purchase. We may adjust the value of those points and rewards from time to time. You may cancel Your rewards membership at any time by following the prompts in Your Account. Your rewards are not redeemable for cash, have no intrinsic value, and are not legal tender. We are not responsible for Your ability or inability to utilize our loyalty program via online means; device requirements apply. If You download anything from the Website or use the Police & Thieves Account functionality, You represent that You are not subject to any applicable law that would make Your use of the same unlawful. We make no representation that anything is appropriate, permissible or available for use outside the state of Colorado, and using the Website or any associated application from jurisdictions in which such use or the information available from such use is illegal, restricted, or not permitted, is expressly prohibited. If You choose to access or use the Website or any associated application from locations outside of the United States, You do so on Your own initiative and are responsible for any and all legal consequences therefrom.

  3. USER CONTENT

    1. User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Website (e.g., content in the user’s Account), including without limitation personal data. You are solely responsible for Your User Content. Subject to our Privacy Policy, You assume all risks associated with use of Your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of Your User Content that personally identifies You or any third party. You represent and warrant that Your User Content does not violate our Acceptable Use Policy in Section 3.3 below. You may not represent or imply to others that Your User Content is in any way provided, sponsored, or endorsed by the Company. Because You alone are responsible for Your User Content, You may expose Yourself to liability if, for example, Your User Content violates the Acceptable Use Policy. The Company is not obligated to backup any User Content, and Your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining Your own backup copies of Your User Content if You desire.

    2. License. You hereby grant (and You represent and warrant that You have the right to grant) to the Company an irrevocable, nonexclusive, royalty-free, and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit Your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including Your User Content in the Website. You irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to Your User Content.

    3. Acceptable Use Policy. The following constitutes our “Acceptable Use Policy”:

      1. You shall not: (i) use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the same; (ii) attempt to gain unauthorized access to any website, platform, account, computer systems, or networks associated with Company or the Website; (iii) obtain or attempt to obtain any materials or information pertaining to the Website by any means not intentionally made available or provided by Company; (iv) use any robot, spider, or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (v) introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful; (vi) send unsolicited messages or use the Website to send unsolicited messages such as spam or engage in phishing; (vii) use the Website for the primary purpose as a remote storage service or to provide downloadable content only; (viii) perform any benchmark tests or analyses related to the Website without express written permission of Company; (ix) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or (x) access the Website in order to build a similar or competitive website, product, or service.

      2. You agree not to use the Website to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

    4. Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against You in our sole discretion if You violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying Your User Content, terminating Your Account in accordance with Section 10, and/or reporting You to law enforcement authorities.

    5. Feedback. If You provide the Company with any feedback or suggestions regarding the Website (“Feedback”), You assign to the Company all rights in such Feedback and agree that the Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. The Company will treat any Feedback You provide to the Company as non-confidential and non-proprietary. You agree that (i) You will not submit to the Company any information or ideas that You consider to be confidential or proprietary, and (ii) You have the right to provide such Feedback to the Company and such Feedback does not infringe the intellectual property rights of any third party.

  4. INDEMNIFICATION

You agree to indemnify and hold the Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of: (a) Your use of the Website or Account; (b) Your violation of these Terms; (c) Your violation of applicable laws or regulations; or (d) Your User Content. The Company reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us, and You agree to cooperate with our defense of these claims. You agree not to settle any matter subject to this Section 4 without the prior written consent of the Company. The Company will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.

  1. THIRD-PARTY LINKS & ADS; OTHER USERS

    1. Third-Party Links and Ads. The Website may contain links to websites controlled or operated by persons and companies other than Company (“Linked Sites”), including, but not limited to Facebook and Instagram. Company is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Company of the site or any content thereon, or any association with its operators. Company has no control over such services, and is not responsible for the availability of such Linked Sites, or for any viruses, malware, or other harms resulting from Your use of a Linked Site. Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.

    2. Release. You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Website (including any interactions with, or act or omission of, other Website users or any Linked Sites). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

  2. NO MEDICAL ADVICE

The contents of the Website, including any text, graphics, images, or information obtained from the Website (collectively the “Content”) are for informational purposes only. Medical marijuana products are not intended to diagnose, treat, cure, or prevent any disease. Neither the statements on our Website, nor our products, have been evaluated by the Food and Drug Administration, and no product on our Website is intended to diagnose, treat, cure, or prevent any disease. The Content is not intended to be a substitute for professional medical advice, counseling, diagnoses, or treatment. Always seek the advice of Your physician or other qualified health care provider with any questions You may have regarding a medical condition.

  1. PRIVACY POLICY

Any personal data You provide to us on the Website is subject to our “Privacy Policy.” For more information, click here to view the Privacy Policy, which is incorporated into these Terms by reference. As set forth in the Privacy Policy, when provided by applicable local law, You have the right to opt out of receiving targeted advertising from us; to exercise this right, see our Privacy Policy.

  1. DISCLAIMERS

THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT THEREON, IS PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. COMPANY AND ANY THIRD-PARTY LICENSORS WITH CONTENT MADE AVAILABLE TO YOU THROUGH THE WEBSITE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, COMPANY AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE WEBSITE OR ANY CONTENT PROVIDED TO YOU, INCLUDING CONTENT ACCESSIBLE VIA THE WEBSITE. YOU ACKNOWLEDGE THAT COMPANY AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD-PARTIES OR USERS OF THE WEBSITE AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER COMPANY NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE WEBSITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. COMPANY FURTHER MAKES NO WARRANTY THAT THE WEBSITE WILL BE FREE OF VIRUSES, WORMS, OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT COMPANY, ITS AFFILIATES, AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE WEBSITE OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST COMPANY FOR DISSATISFACTION WITH THE WEBSITE IS TO CEASE YOUR USE OF THE SAME. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT YOU WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.

  1. LIMITATION ON LIABILITY

    1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR THE DATA, CONTENT, OR INFORMATION ACCESSED VIA THE WEBSITE, OR ANY HYPERLINKED WEBSITE, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE WEBSITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. 

    2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE WEBSITE OR THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM YOUR FAILURE TO PROVIDE COMPANY WITH ACCURATE INFORMATION) AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF TEN US DOLLARS ($10 USD) OR THE TOTAL AMOUNT YOU HAS REMITTED TO COMPANY, IF ANY, FOR USE AND ACCESS TO THE WEBSITE IN THE TWELVE (12) MONTH PERIOD PRIOR TO A CAUSE OF ACTION. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT COMPANY WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT. THE FOREGOING LIMITATION OF LIABILITY IS INTENDED TO APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THESE TERMS HAVE BEEN BREACHED OR HAVE BEEN PROVEN INEFFECTIVE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

    3. Claims Must Be Brought Within One Year. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Website or Your use and access the same, must be filed within one (1) year after such claim or cause of action arose or be forever barred.

  2. TERM AND TERMINATION

Subject to this Section, these Terms will remain in full force and effect while You use the Website. We may suspend or terminate Your rights to use the Website (including Your Account) at any time for any reason or no reason at our sole discretion with no notice to or recourse from You, including for any violation of these Terms. Upon termination of Your rights under these Terms, Your Account and right to access and use the Website will terminate immediately. You understand that any termination of Your Account may involve deletion of Your User Content associated with Your Account from our live databases. The Company will not have any liability whatsoever to You for any termination of Your rights under these Terms, including for termination of Your Account, deletion of Your User Content, or loss of rewards or loyalty benefits. Even after Your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through 2.5, Sections 3 through 10, and Section 12.

  1. COPYRIGHT POLICY

The Company respects the intellectual property of others and asks that users of our Website do the same. In connection with our Website, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Website who are repeat infringers of intellectual property rights, including copyrights. If You believe that one of our users is, through the use of our Website, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

  1. Your physical or electronic signature;

  2. identification of the copyrighted work(s) that You claim to have been infringed;

  3. identification of the material on our services that You claim is infringing and that You request us to remove;

  4. sufficient information to permit us to locate such material;

  5. Your address, telephone number, and e-mail address;

  6. a statement that You have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

  7. a statement that the information in the notification is accurate, and under penalty of perjury, that You are either the owner of the copyright that has allegedly been infringed or that You are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.


The designated Copyright Agent for the Company is: 


Designated Agent: Kelsy Yates

Address of Agent: PO Box 460489, Denver, CO 80246

Telephone: (720) 328-0758

Email:  [email protected]


  1. GENERAL

    1. General Terms. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between You and Company regarding Your use of the Website. You may not assign or transfer these Terms or its rights under these Terms, in whole or in part, by operation of law or otherwise, without Company’s prior written consent. Company may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect Company’s right to require performance at any other time after that, nor will a waiver by Company of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

    2. Electronic Communications. By using the Website, You consent to receiving certain electronic communications from Company as further described in the Privacy Policy. Please read the Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that Company sends to You electronically will satisfy any legal communication requirements, including that those communications be in writing. Any electronic communications will be deemed to have been received by You immediately after Company sends the same to You or posts the same to the Website, whether or not You have received the email or retrieved the communication from Company. An electronic communication by email is considered to be sent at the time that it is directed by Company’s email server to Your email address. You agree that these are reasonable procedures for sending and receiving electronic communications. If You wish to withdraw Your consent to receive communications electronically, You must unsubscribe from electronic communications, which You may do through the Website or by contacting [email protected]. If You elect to unsubscribe from electronic communications, You must cease use of the Website. There are no fees to unsubscribe. Any withdrawal of Your consent to receive electronic communications will be effective only after Company has a reasonable period of time to process Your withdrawal, which period of time shall be no longer than fifteen (15) days, or such other time as is appropriate under the circumstances, as determined by Company in its sole discretion. Company reserves the right, in its sole discretion, to discontinue the provision of electronic communications, or to terminate or change the terms and conditions on which Company provides electronic communications. Company will provide You with notice of any such termination or change as required by applicable law. 

    3. Changes to these Terms of Use. Company may update or change these Terms from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by Company. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms. Your continued use of the Website after any such change is communicated shall constitute Your consent to such change(s).

    4. Governing Law & Jurisdiction. These Terms are governed by the laws of the state of Colorado. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in the Denver, Colorado, in all disputes arising out of or relating to the use of the Website not subject to the Arbitration Agreement set forth in Section 12.5.

    5. Dispute Resolution 

      1. Arbitration Agreement Generally. Please read the following arbitration agreement (“Arbitration Agreement”) carefully. It limits the manner in which You may seek relief from Company, is part of Your contract with Company, and contains provisions concerning MANDATORY BINDING ARBITRATION AND WAIVER OF THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. 

      2. Exceptions. Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to seek injunctive relief in a court of law in aid of arbitration or to file suit in a court of law to address an intellectual property infringement claim.

      3. Applicability of Arbitration Agreement. In the interest of resolving disputes between Company and You in the most expedient and cost-effective manner, and except as set forth in 12.5(b), You and Company agree that every dispute arising in connection with these Terms that cannot be resolved informally, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, including any unresolved dispute, claim, interpretation, controversy, or issues of public policy arising out of or relating to the Website or these Terms, and the determination of the scope or applicability of this Section 12.5, will be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to You and Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Agreement. This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.

      4. Arbitration Rules. Arbitration will be administered by the Judicial Arbiter Group, Inc. (“JAG”) and conducted under the Colorado Revised Uniform Arbitration Act, C.R.S. §§ 13-22-201, et seq. (“CRUAA”) as modified by these Terms. Filing forms are available online at jaginc.com, by calling the JAG at 303-572-1919, or by contacting Company. 

      5. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the specific relief requested. A Notice to Company should be sent by certified U.S. Mail or by Federal Express (signature required) to:

Dope Apotheosis, Inc.

Attn: Legal

PO Box 460489 

Denver, CO 80246


You must send a courtesy copy of a Notice to Company at [email protected]. Company may send You a Notice by electronic mail. After the Notice is received, You and Company may attempt to resolve the claim or dispute informally. If You and Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled, if any. If the arbitrator awards You an amount higher than the last written settlement amount offered by Company in settlement of the dispute prior to the award, Company will pay to You the greater of: (i) the amount awarded by the arbitrator; or (ii) $2,500.

  1. Fees; Location. If You commence arbitration in accordance with these Terms, You shall be solely responsible for payment of applicable filing fees. Any arbitration hearing will take place in Denver, Colorado, or another location mutually agreed upon by the parties; provided, however, notwithstanding the foregoing, the parties shall endeavor, where possible, to cause the arbitration proceeding to be conducted: (i) solely on the basis of documents submitted to the arbitrator; or (ii) through a non-appearance-based telephone hearing or videoconference. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Notwithstanding anything herein to the contrary, each party will be responsible for their own attorneys’ fees associated with an arbitration under these Terms, and in no event may the arbitrator award any party their attorneys’ fees.

  2. Enforcement. The parties irrevocably submit to the exclusive jurisdiction of the State Courts for the State of Colorado with respect to this section to compel arbitration, to confirm an arbitration award or order, or to handle court functions permitted under the CRUAA. The parties irrevocably waive defense of an inconvenient forum to the maintenance of any such action or other proceeding. 

  3. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between You and Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

  4. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT, INCLUDING THE ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

  5. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of Your decision to opt out within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include Your name and address, and an unequivocal statement that You desire to opt out of this Arbitration Agreement. If You opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to You. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that You may currently have, or may enter in the future, with Company. Mail written notification by certified mail to.

Dope Apotheosis, Inc.
Attn: Legal
PO Box 460489 
Denver, CO 80246

  1. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

  2.  Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

  1. Third-Party Beneficiaries. This Agreement and the rights and obligations hereunder shall bind and inure to the benefit of the parties and their successors and permitted assigns. Nothing in this Agreement, expressed or implied, is intended to confer upon any person, other than the parties and their successors and permitted assigns, any of the rights hereunder.

  2. No Support. Company is under no obligation to provide support for the Website. In instances where Company may offer support, the support will be subject to published policies.

Company Contact Information. Questions may be directed to Company at: [email protected].