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Terms of Use

 

Last Updated: 26 Feb 2026

These Terms of Use (“Terms”) govern your access to and use of NewYorkMarijuanaCard.org and any related pages, subdomains, mobile experiences, widgets, forms, communications, and services (collectively, the “Platform”). The Platform is operated by New York Marijuana Card (“New York Marijuana Card,” “we,” “us,” or “our”).

By accessing or using the Platform, you agree to these Terms. If you do not agree, do not use the Platform.

1. Important Notices; Platform-Only Role

1.1 We Are Not a Medical Provider

New York Marijuana Card is a technology/booking platform. We do not provide medical services. We do not practice medicine or provide medical advice, diagnosis, treatment, prescriptions, recommendations, certifications, or clinical decision-making.

1.2 Independent Medical Providers

The Platform may allow you to request or schedule an appointment with independent, third-party licensed healthcare providers (“Medical Providers”). Medical Providers are not our employees, agents, or representatives. They are solely responsible for:

  • determining whether you qualify for an evaluation under applicable law,

  • conducting the evaluation (telehealth or in-person, as permitted),

  • making clinical decisions, and

  • issuing or denying any recommendation/certification (if any) in their sole discretion and consistent with law.

1.3 No Guarantee of Outcomes

We do not guarantee that:

  • you will be approved for any medical marijuana recommendation/certification/card,

  • an appointment will be available at a particular time or price,

  • a Medical Provider will accept you as a patient,

  • any evaluation will satisfy state requirements, or

  • medical marijuana is safe, appropriate, or legal for your use.

1.4 No Provider–Patient Relationship With Us

Your use of the Platform does not create a provider–patient relationship between you and New York Marijuana Card. Any provider–patient relationship exists only between you and the Medical Provider (if and when established).

2. Eligibility; Account; Accurate Information

2.1 Age and Capacity

You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Platform. By using the Platform, you represent you have the legal capacity to enter into these Terms.

2.2 Account Security

If you create an account, you are responsible for all activity under your account and for maintaining the confidentiality of login credentials. Notify us immediately of suspected unauthorized use.

2.3 Accurate Information

You agree to provide truthful, complete, and accurate information during booking/intake and in all Platform interactions. You agree not to impersonate any person or misrepresent your identity.

3. Permitted Use; Prohibited Conduct

You are granted a limited, revocable, non-exclusive, non-transferable license to access and use the Platform for personal, lawful purposes.

You agree not to:

  • violate any law or regulation;

  • interfere with Platform security or functionality;

  • scrape, harvest, or use automated means to access the Platform without permission;

  • introduce malware, attempt unauthorized access, or test vulnerability without authorization;

  • use the Platform to harass, threaten, or harm others;

  • submit false, misleading, or fraudulent information;

  • use the Platform for competitive analysis or to build competing services.

We may suspend or terminate access for any violation or suspected abuse.

4. Booking, Scheduling, Payments, Refunds, Cancellations

4.1 Booking Tools and Third Parties

The Platform may integrate or redirect you to third-party tools (including scheduling, intake, telehealth, messaging, or payment processors). Your interactions with third parties may be governed by their own terms and policies.

4.2 Who Charges You (Merchant of Record)

Depending on the booking flow, fees may be charged by:

  • a third-party scheduling/payment platform like BookingPortal.org, and/or,

  • the independent Medical Provider.

The “merchant of record,” refund rules, cancellation policy, and charge descriptor are determined by the entity that processes the payment and/or the policy displayed at booking/checkout.

4.3 Refunds and Cancellations

Refund eligibility, cancellation rules, rescheduling rules, and no-show policies are governed by:

  • the policy disclosed at booking/checkout, and/or

  • the Medical Provider’s or third party’s posted policy.

If a third party or Medical Provider collects payment, you agree that New York Marijuana Card does not control refund decisions and is not responsible for issuing refunds unless we explicitly state otherwise in writing.

4.4 Chargebacks and Payment Disputes

You agree not to file a chargeback or payment dispute without first contacting the responsible merchant (the Medical Provider or third-party processor, as applicable) and giving a reasonable opportunity to resolve the issue. Unauthorized or abusive chargebacks may result in account restriction and may be pursued as a breach of these Terms where permitted by law.

5. Medical Disclaimers

5.1 No Medical Advice

Content on the Platform is provided for general informational purposes only and is not medical advice. Always seek advice from a qualified healthcare professional for medical questions.

5.2 Provider Decisions and Responsibility

Medical Providers are solely responsible for their services, compliance, decisions, documentation, and clinical outcomes. New York Marijuana Card does not supervise, direct, credential, or control Medical Providers.

5.3 Emergency Disclaimer

Do not use the Platform for emergencies. If you believe you have a medical emergency, call 911 immediately.

6. Third-Party Links and Services

The Platform may contain links to third-party sites or services. We do not endorse, control, or assume responsibility for third-party content, policies, products, or services. Access third-party services at your own risk.

7. Intellectual Property

All Platform content, design, text, graphics, logos, trademarks, and software are owned by New York Marijuana Card or its licensors and protected by applicable intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any Platform content without prior written consent.

8. User Submissions

If you submit content (e.g., messages, form entries, reviews, feedback) (“Submissions”), you represent you have the right to submit it and that it does not violate law or third-party rights.

You grant New York Marijuana Card a worldwide, royalty-free, non-exclusive license to use, reproduce, and display your Submissions for operating and improving the Platform, subject to our Privacy Policy.

We may remove Submissions at any time.

9. Electronic Communications; SMS/Email Consent

By using the Platform or providing contact information, you consent to receive communications from us and/or our service providers electronically (email, SMS, phone, or in-app), including appointment confirmations, reminders, operational messages, and customer support.

Message/data rates may apply. You may opt out of marketing communications as described in our Privacy Policy (some operational messages may still be sent as necessary to provide services).

10. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS.

11. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • NEW YORK MARIJUANA CARD WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;

  • NEW YORK MARIJUANA CARD WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO MEDICAL PROVIDER SERVICES, CLINICAL OUTCOMES, PROVIDER DECISIONS, OR THIRD-PARTY PLATFORMS;

  • OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE AMOUNT YOU PAID TO NEW YORK MARIJUANA CARD (IF ANY) IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR $100, WHICHEVER IS GREATER.

Some jurisdictions do not allow certain limitations; in that case, the limitation applies to the maximum extent permitted.

12. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless New York Marijuana Card and its affiliates, officers, directors, employees, contractors, and agents from any claims, damages, liabilities, losses, and expenses (including attorneys’ fees) arising from or related to:

  • your use of the Platform,

  • your Submissions,

  • your violation of these Terms,

  • your interactions with Medical Providers or third parties,

  • your alleged violation of any law or third-party rights.

13. Suspension and Termination

We may suspend or terminate your access to the Platform at any time, with or without notice, if we believe you violated these Terms, pose risk, or for any operational/security reason. Upon termination, the license granted to you ends.

14. Dispute Resolution; Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

14.1 Informal Resolution First

Before filing a claim, you agree to contact us and attempt to resolve the dispute informally. If not resolved within 30 days, either party may pursue the dispute as described below.

14.2 Binding Arbitration

Except as set out in Section 14.4, any dispute arising out of or related to these Terms or the Platform will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its applicable rules. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.

14.3 No Class Actions; No Jury Trial

You agree to bring claims only on an individual basis. Class actions, class arbitrations, private attorney general actions, and representative actions are not permitted. You waive the right to a jury trial.

14.4 Exceptions

Either party may bring:

  • individual claims in small claims court (if eligible), or

  • actions for injunctive relief related to intellectual property or unauthorized access.

14.5 Arbitration Location; Fees

Unless otherwise required by applicable law, arbitration shall take place in Bexar County, Texas. To the extent any action relating to the arbitration must be brought in court, including to compel arbitration, confirm, modify, or vacate an arbitration award, or seek provisional relief, exclusive jurisdiction and venue shall be in Bexar County, Texas if in state court and in the United States District Court for the Western District of Texas in San Antonio, Texas if in federal court. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. Fees and costs shall be allocated consistent with the applicable AAA rules and governing law.

15. Governing Law; Venue for Exceptions

These Terms are governed by the laws of the State of New York, excluding conflict-of-law rules. For disputes permitted in court under Section 14.4, venue will be in state or federal courts located in New York unless otherwise required by law.

16. Changes to the Platform or Terms

We may modify the Platform or these Terms at any time. Changes are effective when posted with an updated “Last Updated” date. Your continued use after changes means you accept the revised Terms.

17. Severability

If any provision is found unenforceable, the remainder will remain in effect.

18. Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.

19. Contact

If you have questions about these Terms, please contact us.