PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
This Agreement (“Agreement”) contains important information regarding your legal rights and duties to the website owner, its affiliates and subsidiaries (collectively, “we” or “us”) regarding your use of this website (the “Site”) and purchase of any products and/or services purchased through this Site, all pursuant to the terms and conditions of this Agreement (collectively, the “Terms”). In this Agreement, the words “you” and “your” refer to each customer and Site visitor or user.
BY ACCESSING OR USING ANY PART OF THE SITE (INCLUDING BY PLACING AN ORDER THROUGH THIS SITE), YOU AGREE TO BE BOUND BY THE SITE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. ALL APPLICABLE LAWS AND REGULATIONS, INCLUDING COMPLIANCE WITH ANY APPLICABLE LOCAL LAWS. IF YOU DO NOT AGREE WITH OR DO NOT UNDERSTAND THE TERMS OF THIS AGREEMENT, YOU ARE PROHIBITED FROM USING OR ACCESSING THE SITE.
Changes to Terms
We reserve the right, in our sole discretion, to change, modify, add or remove portions of the Terms relating to your use of this Site, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of this Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with and agree to be bound by the Terms, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Your Use of Site – Use License and General Prohibited Conduct
Specific Prohibited Conduct
You may not use any “deep-link”, “page-scrape”, “robot”, “Spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposefully made available through the Site.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or any of our servers, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer, including any account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including, but not limited to, personal identification or information other than your own information.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or our systems or networks, or any systems or networks connected to the Site or to us. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working order of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by the Terms, or to solicit the performance of any illegal activity or other activity that infringes on our rights or the rights of any other person.
The Use license shall automatically terminate if you engage in any of the general and/or specific prohibited conduct, but may be terminated by us at any time. Upon termination, you must cease accessing or using the Site or viewing the Content and you must destroy any downloaded Content in your possession, whether in electronic or printed format.
Ownership of Content
All text, graphics, user interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”) contained on the Site, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, is owned, controlled or licensed by or to us (with the exception of third party content listed below and as qualified by the disclaimers herein), and is protected by trade dress, copyright, trademark and patent law, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in this Agreement, no part of this Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent. You may not deep link to portions of the Site, or frame, inline link, or similarly display any of our property, including, without limitation, the Site and Content.
Accuracy of Information
We attempt to ensure that the information on the Site is complete and accurate; however, this information may contain typographical errors, pricing errors, and other errors or inaccuracies. We assume no responsibility for such errors and omissions, and reserve the right to (without limitation): (i) revoke any offer stated on the Site; (ii) correct any errors, inaccuracies or omissions; and (iii) make changes to prices, Content, promotions, product descriptions or specifications, or other information on the Site.
Third Party Content and Links to Third Party Sites
This Site may contain links to websites controlled by parties other than us (each a “Third Party Sites”). Be advised, we may work with third parties with Web sites linked to this Site, including (but not limited to) advertising networks, publishers and marketers.
We are not responsible for and do not endorse or accept any responsibility for the availability, contents (including the accuracy or reliability of contents), products, services or use of any Third Party Site, any Web site accessed from a Third Party Site or any changes or updates to such sites. We make no guarantee about the content or quality of the claims made or products or services offered by such sites. We are not responsible for webcasting or any other form of transmission received from any Third Party Site. Any dealings with, or participation in promotions offered by, advertisers on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party.
We provide these links to you only as a convenience, and the inclusion of any link does not imply our endorsement of any Third Party Site, nor does it imply that we sponsor, are affiliated or associated with, guarantee, or are legally authorized to use any intellectual property that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that we are not responsible for any loss or damage of any sort that you may incur from dealing with a third party, including (without limitation) any third party marketer, publisher or network that receives consideration for driving traffic to or promoting the Site.
CBD Legality Disclaimer
The CBD in our products is derived from legally sourced industrial hemp containing minuscule trace amounts of THC, making it legal to sell in the United States. We do not, however, make any general representations, express or implied, regarding the specific legalities of the sale and use of CBD in particular jurisdictions.
Health Statement Disclaimer
This Site contains general information related to diet, health and nutrition. While we have been informed and believe in the health benefits of cannabidiol (“CBD”), the statements made regarding the products or services have not been evaluated by the Food and Drug Administration (“FDA”). The efficacy of CBD, in general, has not been confirmed by FDA-approved research based on evidence that meets the standard for “competent and reliable scientific evidence.” Our services are not intended to diagnose, treat, cure or prevent any disease. The information presented on this Site it not meant as a substitute for or alternative to information from health care practitioners. Please consult your health care professional about potential interactions or other possible complications before using any products or services, especially if you are pregnant, nursing, taking medication, or have a history of heart conditions.
The information provided on this Site is provided “as is” without any representation or warranties, express or implied, in relation to the health information on this Site. We are not providing any medical advice or claims regarding the efficacy of the products offered on this Site to treat or cure any medical disease or ailment, and none should be inferred from any ideas, suggestions, testimonials or other information set forth on this Site or in any materials associated with this Site.
Claims and Testimonial Disclaimer
The statements on this Site related to the products or services are not intended to be efficacy or health claims.
While we believe in the value of our products or services, the FDA has not evaluated the health benefits of the services and we do not make and expressly disclaim any representation that the statements contained on or linked from or to this Site are supported by competent and reliable scientific evidence. Regarding consumer testimonials or endorsements on the Site relating to the experience of one or more consumers on any central or key attribute of our services, we cannot represent under existing law that the experiences conveyed by those customers are typical of what you will generally achieve or should expect to generally achieve in actual, albeit variable, conditions of use.
All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the Site will become our exclusive property. Such disclosure, submission or offer of any comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory. You will, at our cost, execute any documents to affect, record, or perfect such assignment. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any comments. You should not submit any comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any comments in confidence; (ii) to pay to you or any third party any compensation for any comments; or (iii) to respond to any comments. You are and shall remain solely responsible for the content of any comments you make.
We do not have the ability to control the nature of the user-generated content offered through the Site, if any. You are solely responsible for your interactions with other users of the Site and any content that you post. We will not be liable for any damage or harm resulting from any content or your interactions with other users of the Site. We reserve the right, but have no obligation, to monitor interactions between you and other users of the Site and take any other action to restrict access to or the availability of any material that we or another user of the Site may consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable (including, without limitation, because it violates this Agreement).
Certain features or services offered on or through this Site may require you to open an account. You are responsible for maintaining the security and confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information confidential and secure. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You may not assign or otherwise transfer your account to any other person or entity. We reserve the right to refuse or cancel service and terminate accounts.
By ordering any product or service from us, you agree that your card will be charged the specified amount in U.S. Dollars. If you purchase any services on or through the Site, you will be responsible for paying any applicable sales tax indicated on the Site.
Additional terms and conditions may apply to purchases of services and to specific portions of features of this Site, all of which terms are made part of this Agreement by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
Our obligations, if any, with regard to our services are governed solely by the agreements, terms and conditions pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements, terms and conditions. We may make changes to any services offered on the Site, or to the applicable prices for any such services, at any time, without notice. The materials on the Site with respect to the services may be out of date, and we make no commitment to update the materials on this Site with respect to such services.
In order to obtain your refund, contact customer service by phone or email and obtain an Return Merchandise Authorization (“RMA”) number to place on your package. Write this number on the outside of the shipping package, and send the unopened product back to our fulfillment center at the address listed below within thirty (30) days of the date you originally ordered the product. In order for your refund to be processed the product must arrive at our fulfillment center within sixty (60) days of the original purchase date. You pay for return shipping. There is a $5.95 restocking fee per unit you returned by you. You expressly consent to us retaining this restocking fee out of the moneys you are entitled to receive as a refund. Once the package is received, you will be issued a refund. Your refund will be credited back to your bank account, and may take up to 7-10 business days to show in your statement, depending on the speed of the processing bank. Any opened product cannot be returned. You will be charged for any opened or used product. Also, any discount or refund agreed upon with any of our customer service representatives is considered a final sale. Please contact customer service for the return address.
We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any Site order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
OTHER TERMS AND CONDITIONS
WE DO NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THIS SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE OR ANY SERVICE WILL PROVIDE SPECIFIC RESULTS. THE SITE, ITS CONTENT AND OUR SERVICES ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. WE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD OR RECEIVE FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, ANY LINKED SITE, OR SERVICE. YOUR SOLE REMEDY AGAINST US IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. FURTHERMORE, ALL PRODUCTS ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS, IF ANY, PROVIDED IN THE PRODUCT PACKAGING.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
The above disclaimers apply to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Limitation of Liability
Except as prohibited by law, we will not be liable to you for any damages including, without limitation, damages for indirect, consequential, exemplary, incidental or punitive damages, loss of data or profits, or due to business interruption arising out of your use or inability to use the Content on the Site, even if you have notified us verbally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
If, notwithstanding the other provisions of the Terms, we are found to be liable to you for any damage or loss which arises out of or is any way connected with your use of the Site, any Content, or any services, our aggregate liability to you shall not exceed the greater of $100 or the amount you paid to us related to the purchase of services from the Site.
You agree to indemnify and hold us, as well as our managers, members, officers, directors, owners, predecessors, successors in interest, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorney’s fees), made against us by any third party due to or arising out of or in connection with your use of the Site, use of the products or service, or your failure to perform any duty under the law.
Class Action Waiver; Dispute Resolution by Arbitration or Mediation
BY ENTERING INTO THIS AGREEMENT, THE PARTIES HEREBY IRREVOCABLY WAIVE ANY RIGHT EITHER MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS AGREEMENT, YOUR USE OF THE SITE, THE MARKETING OR YOUR PURCHASE OF THE SERVICES (“Dispute Resolution Scope”) MUST BE ASSERTED INDIVIDUALLY.
The parties agree to resolve any and all disputes falling within the Dispute Resolution Scope through binding arbitration. The parties hereby waive any right either may have to resolve any dispute within the Dispute Resolution Scope in a court of general jurisdiction. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.
Any dispute or claim that arises out of or that relates to this Agreement, or to the interpretation or breach thereof, shall be resolved by arbitration in accordance with the then-effective arbitration rules of, and by filing a claim with, Arbitration Service of Portland, Inc., and any judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof.
The parties acknowledge that mediation usually helps parties to settle their dispute. Therefore, any party may propose mediation whenever appropriate through Arbitration Service of Portland or any other mediation process or mediator as the parties may agree upon.
This agreement to arbitrate shall be specifically enforceable. Either party may apply to any court with jurisdiction for interim or conservatory relief, including without limitation a proceeding to compel arbitration.
You acknowledge and understand that if the Site is or we are unable to provide the services as a result of a force majeure event, we will not be in breach of any of obligations towards you under these Terms. A force majeure event means any event beyond our control. WE SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.
Domestic Use; Export Restrictions.
We control the Site from our offices within the United States of America. We make no representation that the Site or its Content or services are appropriate or available for use in other locations. Users who access the Site from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No Content from the Site may be downloaded in violation of United States law.
This Agreement will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Oregon, without regard for conflict of law principles. This Agreement and all of your rights and obligations under them may not be assignable or transferable by you without our prior written consent. No failure or delay by a party in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement, all of which will remain in full force and effect.