TERMS AND CONDITIONS
Effective Date: August 4, 2026
These Terms and Conditions (“Terms”) govern your use of the website located at www.embergardens.com (the “Site”) and any online ordering, loyalty program, or communications services offered through it. The Site is operated by Ember Gardens Holdings LLC, doing business as Ember Gardens (“Ember Gardens,” “we,” “us,” or “our”), whose retail establishments are licensed by the Massachusetts Cannabis Control Commission for adult-use cannabis sales.
By accessing or using the Site, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Site.
1. ELIGIBILITY — 21+ ONLY
You must be at least 21 years of age to use the Site, place an order, join our email or text lists, or enroll in our loyalty program. By using the Site, you represent and warrant that you are 21 or older. We verify age with a valid government-issued photo ID before every sale. Providing false information about your age is a violation of these Terms and may violate the law.
2. REGULATORY NOTICES
Ember Gardens’ retail locations are licensed by the Massachusetts Cannabis Control Commission. Cannabis products sold by Ember Gardens are for use only by adults 21 years of age or older.
Please Consume Responsibly. This product may cause impairment and may be habit forming. Marijuana can impair concentration, coordination, and judgment. Do not operate a vehicle or machinery under the influence of this drug. There may be health risks associated with consumption of this product, including for women who are pregnant, breastfeeding, or planning to become pregnant. KEEP OUT OF REACH OF CHILDREN.
This product has not been analyzed or approved by the Food and Drug Administration (FDA). There is limited information on the side effects of using this product, and there may be associated health risks.
Nothing on the Site is medical advice. Statements about products have not been evaluated by the FDA, and our products are not intended to diagnose, treat, cure, or prevent any disease. Consult a licensed health care provider with questions about cannabis and your health.
Cannabis remains a controlled substance under U.S. federal law. Products purchased from Ember Gardens are for lawful personal use in Massachusetts only and may not be transported across state lines.
3. ONLINE ORDERS AND IN-STORE PICKUP
– Online orders placed through the Site (powered by Dutchie) are pre-orders for in-store pickup at our licensed premises only. We do not ship or mail cannabis products under any circumstances.
– To pick up an order, you must appear in person and present a valid, unexpired government-issued photo ID showing you are 21 or older. The name on the ID must match the name on the order. No ID, no sale — no exceptions.
– Payment is completed at pickup using the payment methods we accept in store.
– All sales are subject to Massachusetts purchase limits for adult-use cannabis. We may reduce or cancel any order that would exceed legal limits.
– Menu items, prices, and promotions are subject to change and to availability. Despite our best efforts, a listing may occasionally contain an error in price, description, or availability; we reserve the right to correct errors and to cancel any order arising from an error.
– We reserve the right to refuse or cancel any order and to refuse service to anyone, consistent with applicable law — including where we believe a purchase is on behalf of a person under 21 (which is a crime), where a customer appears visibly intoxicated, or where a purchase appears intended for resale or diversion.
– Orders not picked up by the time we specify (or by close of business on the day specified) may be cancelled and returned to inventory.
4. RETURNS
Because of the regulated nature of cannabis products, all sales are final except as required by law or Commission regulation. If you believe a product is defective, contact us at info@embergardens.com or speak with our staff, and we will address it consistent with applicable regulations and our store policy.
5. LOYALTY PROGRAM
If we offer a rewards or loyalty program, the following applies unless separate program terms are posted: enrollment is free and limited to adults 21+; points and rewards have no cash value, are not transferable, and may not be sold; we may modify, suspend, or terminate the program (or any member’s participation, in cases of fraud or abuse) at any time; and rewards remain subject to all regulatory limits on discounts and promotions.
6. EMAIL AND TEXT (SMS) PROGRAM TERMS
By joining our email list or text club, you confirm you are 21 or older and consent to receive recurring marketing messages from Ember Gardens at the address or number you provided. Consent is not a condition of purchase. Message frequency varies; message and data rates may apply. For texts, reply STOP to cancel or HELP for help. You can unsubscribe from emails using the link in any message. See our Privacy Policy for how we handle your information.
7. THIRD-PARTY SERVICES
Portions of the Site — including the product menu and checkout — are operated by third parties such as Dutchie. Your use of those features may also be subject to the third party’s own terms and privacy policy. We are not responsible for third-party websites linked from the Site.
8. INTELLECTUAL PROPERTY
The Site and its contents — including the Ember Gardens name, logo, text, graphics, and images — are owned by or licensed to Ember Gardens and are protected by trademark, copyright, and other laws. You may not copy, reproduce, distribute, or create derivative works from the Site’s content without our prior written permission, except for your own personal, non-commercial use.
9. ACCEPTABLE USE
You agree not to: use the Site if you are under 21; use the Site for any unlawful purpose, including any attempt to purchase on behalf of a person under 21; interfere with the operation or security of the Site; scrape, harvest, or collect data from the Site by automated means; or impersonate another person or misrepresent your identity or age.
10. DISCLAIMER OF WARRANTIES
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT MENU INFORMATION WILL ALWAYS BE ACCURATE OR CURRENT. NOTHING IN THIS SECTION LIMITS ANY WARRANTY OR RIGHT THAT CANNOT BE DISCLAIMED UNDER MASSACHUSETTS LAW.
11. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMBER GARDENS AND ITS OWNERS, MANAGERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE PURCHASE GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100) IF NO PURCHASE WAS MADE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
12. INDEMNIFICATION
You agree to indemnify and hold harmless Ember Gardens and its owners, managers, employees, and agents from any claims, damages, and expenses (including reasonable attorneys’ fees) arising out of your violation of these Terms, your misuse of the Site, or your violation of any law — including any misrepresentation of your age.
13. GOVERNING LAW AND VENUE
These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law rules. Any dispute arising out of or relating to these Terms or the Site will be brought exclusively in the state or federal courts located in Massachusetts, and you consent to their jurisdiction.
14. CHANGES TO THESE TERMS
We may update these Terms from time to time. The revised version will be posted on this page with an updated Effective Date. Your continued use of the Site after changes take effect means you accept the updated Terms.
15. GENERAL
If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect. Our failure to enforce any provision is not a waiver. These Terms, together with the Privacy Policy and any posted program terms, are the entire agreement between you and Ember Gardens regarding the Site.
16. CONTACT US
Ember Gardens Holdings LLC (d/b/a Ember Gardens)
Email: info@embergardens.com
Legal notices may be directed to our registered agent:
Drummond Woodsum, 84 Marginal Way, Suite 600, Portland, ME 04101
