Terms of Use

Please read these Terms of Use (“Terms”) carefully before using the Dirty Flamingo Cannabis Co. website located at dirtyflamingocannabis.com (the “Site”) and any associated online ordering or pickup services (collectively, the “Services”). By accessing or using the Site or Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Site or Services.

These Terms constitute a legally binding agreement between you and Dirty Flamingo Cannabis Co., a licensed cannabis retailer operating in Maplewood, Minnesota.

1. Age Requirement - 21+

You must be 21 years of age or older to access this Site, use our Services, place an order, or purchase any recreational cannabis products from Dirty Flamingo Cannabis Co.. By using this Site or Services, you represent and warrant that you are at least 21 years of age and legally permitted to purchase recreational cannabis products under Minnesota law.

Valid government-issued photo identification is required for entry to our retail location and for every recreational cannabis transaction. Acceptable forms of ID include a state-issued driver’s license, state ID card, U.S. passport, or military ID. Online orders are reservations only; no recreational cannabis products will be released until a licensed staff member verifies your identification in person at the time of pickup.

Any order placed by, or on behalf of, a person under the age of 21 will be immediately cancelled, and the incident may be reported to the Minnesota Office of Cannabis Management (OCM) or law enforcement as required by law. Recreational cannabis in Minnesota is for adults 21 and older only.

2. Licensed Retailer

Dirty Flamingo Cannabis Co. is a licensed adult-use cannabis retailer operating under Minnesota Statutes Chapter 342 and the rules of the Minnesota Office of Cannabis Management (OCM). We are required to comply with all applicable state and local laws governing the retail sale of cannabis and cannabis products, including but not limited to age verification, purchase limits, record-keeping, and inventory tracking requirements.

Nothing in these Terms limits or waives our obligations under Minnesota cannabis law or OCM regulations. In the event of a conflict between these Terms and applicable law, applicable law controls.

3. Online Ordering & Pickup

Orders placed through our Site or online ordering platform (powered by Flowhub) are reservations only and do not constitute a completed sale. No transfer of cannabis products occurs until all of the following have been completed in person at our retail location:

• A licensed staff member verifies your government-issued ID
• You confirm your identity and order in-store
• Payment is received and the transaction is finalized in our point-of-sale system

We reserve the right to cancel or refuse any order at any time for any reason, including but not limited to: inability to verify age or identity, product unavailability, suspected fraud, violation of these Terms, or a customer who is visibly impaired at the time of pickup.

Pricing and availability displayed on the Site are subject to change without notice. Prices shown online are not guaranteed until the transaction is completed in-store. We are not responsible for typographical errors in pricing or product descriptions.

4. Online Ordering Platform & Loyalty Program - Flowhub

Our online ordering system and loyalty rewards program are operated by Flowhub Holdings, Inc. (“Flowhub”), a third-party ecommerce and loyalty platform. By placing an online order or signing up for our Loyalty Pass rewards program, you may be required to create a Flowhub account and agree to Flowhub’s own terms of service and privacy policy. Your use of the Flowhub platform is subject to Flowhub’s terms, which are separate from these Terms.

Loyalty Pass: Our rewards program allows eligible customers 21+ to earn points on qualifying recreational cannabis purchases and redeem those points for discounts and rewards. Enrollment is voluntary and free. Points have no cash value and cannot be transferred or sold. We reserve the right to modify or discontinue the loyalty program at any time, with or without notice. Loyalty program terms and conditions are available at the time of enrollment and may be updated by Flowhub from time to time.

Dirty Flamingo Cannabis Co. is not responsible for the operation, availability, accuracy, or security of the Flowhub platform beyond our reasonable control. Any issues related specifically to the Flowhub platform should be directed to Flowhub support. For order-related questions, contact us at Support@DirtyFlamingoCannabis.com.

5. Payment Processing - Aeropay (ACH Bank Transfers)

We offer ACH electronic bank transfer payments through our partnership with Aeropay. When you choose to pay via bank transfer, you will be creating an Aeropay account and connecting your bank directly with Aeropay. Your use of Aeropay is governed by Aeropay’s Terms of Service and Privacy Policy, which are incorporated by reference. Aeropay’s terms may be modified from time to time and the governing version is effective upon posting.

You are responsible for ensuring that all payment information you provide is accurate and complete. You authorize us and Flowhub to share your identifying information with Aeropay as necessary to open and support your Aeropay account.Dirty Flamingo Cannabis Co. is not responsible for errors, delays, or failures in ACH processing attributable to Aeropay, your bank, or network conditions.

6. Purchase Limits & Minnesota Law

All purchases are subject to the Minnesota OCM’s purchase and possession limits for adult-use cannabis. You may not purchase more than the legally permitted quantity per transaction or per day. It is your responsibility to know and comply with applicable purchase and possession limits.

All cannabis products purchased from Dirty Flamingo Cannabis Co. must be consumed within the State of Minnesota. Transporting cannabis products across state lines is a federal felony regardless of the cannabis laws of any other state. By completing a purchase, you acknowledge and agree to comply with all applicable Minnesota and federal laws regarding cannabis possession, use, transportation, and consumption.

7. No Resale

Cannabis products purchased at Dirty Flamingo Cannabis Co. are for your personal use only. Resale, redistribution, or transfer of cannabis or cannabis products outside of a licensed dispensary is illegal under Minnesota Statutes Chapter 342 and federal law. Any attempt to use our services for unauthorized resale or distribution purposes will result in immediate order cancellation, permanent refusal of service, and referral to law enforcement.

8. Consumption Restrictions & Federal Law

Federal Law Notice: Cannabis (marijuana) remains a controlled substance under the federal Controlled Substances Act (21 U.S.C. § 811). Although Minnesota has legalized adult-use cannabis at the state level, cannabis possession, sale, and use remain illegal under federal law. By purchasing cannabis from Dirty Flamingo Cannabis Co., you acknowledge this conflict between state and federal law and accept all associated legal risks.

Under Minnesota law, cannabis may not be consumed:

• In a public place, including sidewalks, parks, vehicles, and common areas
• In a vehicle, whether as the driver or a passenger
• On school grounds or in proximity to a school
• In any location where tobacco smoking is prohibited
• In any location where the property owner has prohibited cannabis use

Interstate Transport is a Federal Crime: Transporting cannabis products across state lines - including from Minnesota to any other state, even states where cannabis is legal - is a federal felony punishable by imprisonment and substantial fines. All cannabis products purchased from Dirty Flamingo Cannabis Co. must remain within the State of Minnesota and must not be transported across state or international borders under any circumstances.

Federal Property & Transportation: Possession of cannabis is prohibited on all federal property, including post offices, federal courthouses, national parks, military bases, and federally-regulated airports. Do not bring cannabis products onto federal property, onto airplanes, or through TSA security checkpoints, even if traveling within Minnesota.

It is your sole responsibility to know and comply with all applicable federal, state, and local consumption, possession, and transportation laws. Dirty Flamingo Cannabis Co. is not responsible for any legal consequences arising from your use, consumption, possession, or transportation of purchased products.

9. Health, Safety & Medical Disclaimer

Dirty Flamingo Cannabis Co. does not provide medical advice. Nothing on this Site, in our store, or communicated by our staff should be construed as medical diagnosis, treatment, or guidance. All product information, descriptions, and educational content is provided for informational purposes only.

Cannabis affects individuals differently based on body weight, tolerance, method of consumption, prior use, and other factors. Before using cannabis, particularly if you are pregnant, nursing, managing a medical condition, or taking prescription medications, consult a licensed healthcare provider.

Important Health & Safety Warnings:

• Do not drive or operate heavy machinery while impaired by cannabis. Cannabis impairs coordination, reaction time, and judgment. Operating a vehicle or machinery while under the influence is illegal and dangerous.
• Pregnancy & Nursing: Cannabis use during pregnancy or while nursing may harm fetal development and infant health. The Minnesota Department of Health advises against cannabis use during pregnancy and breastfeeding.
• Keep away from children and pets. All cannabis products must be stored securely out of reach of children and pets. Accidental ingestion can cause serious harm. If ingestion occurs, seek immediate medical attention.
• Start low and go slow. If you are new to cannabis or trying a new product, start with the lowest dose possible and wait for the full effect before consuming more. Effects can vary widely between individuals.
• Edibles take time. Cannabis edibles and infused products may take 30 minutes to 2 hours (or longer) to take full effect. Do not consume additional product while waiting for effects. Overconsumption can lead to extreme discomfort, anxiety, paranoia, and other adverse reactions.
• Mental health considerations: Cannabis can cause or worsen anxiety, paranoia, psychosis, and other mental health conditions in some individuals, particularly at high doses or in people with a personal or family history of mental illness. If you experience distressing psychological effects, discontinue use and seek medical care.
• Cardiovascular risks: Cannabis use may increase heart rate and blood pressure. Individuals with heart conditions or cardiovascular risk factors should consult a physician before using cannabis.
• Drug interactions: Cannabis may interact with prescription medications, over-the-counter drugs, and supplements. Consult your healthcare provider before using cannabis if you take any medications.
• Substance use disorder: Cannabis use may be habit-forming. If you feel your cannabis use is problematic, compulsive, or interfering with your daily life, seek support from a licensed healthcare provider or substance use counselor.
• For emergency assistance: If you or someone you know experiences severe adverse effects from cannabis, call 911 or the Minnesota Poison Control System at 1-800-222-1222 immediately.

Dirty Flamingo Cannabis Co. is not liable for any adverse effects, injuries, health consequences, or damages resulting from the use, misuse, or overconsumption of cannabis products purchased from our store. You assume all risk associated with cannabis use and consumption.

10. No Returns Policy

For health and safety reasons, we do not accept cannabis products back, and we do not accept returns on opened or used cannabis accessories.

If you believe a product you received was defective, mislabeled, or does not match your order, please contact us at Support@DirtyFlamingoCannabis.com within 48 hours of purchase. If you are having an adverse effect, we encourage you to submit a report with us right away through our Adverse Effect Report page. We will review your concern and work to resolve it in compliance with applicable law. Any remedy offered, if any, will be at our sole discretion and does not create a general return policy.

11. Acceptable Use of This Site

You agree not to use this Site or Services to:

• Violate any applicable local, state, or federal law or regulation
• Attempt to purchase recreational cannabis if you are under 21 years of age
• Impersonate another person or provide false identification information
• Transmit any harmful, offensive, defamatory, or fraudulent content
• Engage in any activity that interferes with or disrupts the Site or its underlying infrastructure
• Attempt to gain unauthorized access to any portion of the Site, our systems, or data belonging to Dirty Flamingo Cannabis Co. or other users
• Scrape, crawl, or automated-harvest data from the Site without our written permission
• Use the Site for any commercial purpose other than placing personal orders as an individual retail customer

We reserve the right to suspend or terminate your access to the Site and Services at any time, without notice, for any violation of these Terms or for any other reason at our sole discretion.

12. Intellectual Property

All content on this Site - including but not limited to text, logos, graphics, images, video, product descriptions, layouts, and software - is the property of Dirty Flamingo Cannabis Co. or its licensors and is protected by applicable U.S. copyright, trademark, and other intellectual property laws.

You may access and use the Site for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, reverse engineer, or otherwise exploit any content from this Site without our express prior written permission. Use of our name, logo, or trademarks without written authorization is strictly prohibited.

13. Third-Party Links & Platforms

This Site may contain links to or integrations with third-party websites and services (including Flowhub, Aeropay, and our online menu at maplewood.dirtyflamingocannabis.com). These third-party services operate under their own terms and privacy policies, which are separate from and independent of these Terms.

Dirty Flamingo Cannabis Co. does not endorse, control, or assume responsibility for the content, accuracy, privacy practices, or security of any third-party website or service. Your interactions with third-party sites and services are solely between you and those third parties. We are not responsible for any harm or damages arising from your use of third-party services.

14. Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. DIRTY FLAMINGO CANNABIS CO. DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTY REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY PRODUCT DESCRIPTIONS, EDUCATIONAL CONTENT, OR PRICING INFORMATION ON THIS SITE.

State law notice: Some states do not allow certain warranty exclusions. To the extent prohibited by applicable law, the above exclusions may not apply to you.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DIRTY FLAMINGO CANNABIS CO., ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO: LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF - OR INABILITY TO USE - THE SITE, SERVICES, OR ANY PRODUCTS PURCHASED FROM US, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING UNDER THESE TERMS OR RELATED TO THE SITE OR SERVICES WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

State law notice: Some states do not allow certain liability limitations. To the extent prohibited by applicable law, the above limitations may not apply to you.

16. Indemnification

You agree to defend, indemnify, and hold harmless Dirty Flamingo Cannabis Co., its owners, officers, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your violation of these Terms; (b) your misuse of the Site or Services; (c) your violation of any applicable law or regulation; (d) your use or misuse of any cannabis products purchased from us; or (e) any false, inaccurate, or misleading information you provide to us.

17. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of law provisions.

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site or Services will be subject to the exclusive jurisdiction of the state or federal courts located in Ramsey County, Minnesota. You and Dirty Flamingo Cannabis Co. each waive any right to a jury trial in connection with any such dispute to the fullest extent permitted by applicable law.

Before initiating formal legal proceedings, you agree to first contact us at Support@DirtyFlamingoCannabis.com and provide a written description of the dispute and your proposed resolution. We will make a good-faith effort to resolve the issue informally within 30 days.

18. Force Majeure

Dirty Flamingo Cannabis Co. will not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, government actions or orders, regulatory changes, war, strikes, supply chain disruptions, power outages, or failures of third-party service providers (including our ordering platform or payment processors).

19. Compliance with Minnesota Cannabis Law

As a licensed Minnesota cannabis retailer, our operations - including your use of our Site and Services - are subject to ongoing oversight by the OCM. We may be required to comply with new or amended regulations at any time, which may affect our products, ordering processes, purchase limits, or operating hours without advance notice. Changes required by law will take effect immediately regardless of any posted effective date in these Terms.

Your use of this Site and our Services is subject to all applicable Minnesota and federal laws at all times. You are solely responsible for your compliance with applicable law.

20. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

21. Entire Agreement

These Terms, together with our Privacy Policy and any other policies expressly incorporated by reference, constitute the entire agreement between you and Dirty Flamingo Cannabis Co. with respect to your use of the Site and Services, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Dirty Flamingo Cannabis Co. on those subjects.

22. Changes to These Terms

We reserve the right to modify these Terms at any time. When we do, we will update the “Effective Date” at the top of this page. For material changes, we will make reasonable efforts to provide notice via email or a prominent notice on the Site. Your continued use of the Site or Services after the effective date of any revised Terms constitutes your acceptance of the changes.

23. Contact Us

Questions, concerns, or requests related to these Terms? Contact us at:

Dirty Flamingo Cannabis Co.
Support@DirtyFlamingoCannabis.com
Maplewood, MN

For questions specifically about the Flowhub ordering platform, contact our support team at Support@DirtyFlamingoCannabis.com.