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LAST MODIFIED: 07.20.2020
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
ACCEPTANCE OF TERMS OF SERVICE
These Terms of Service (collectively, the “Terms”) are entered into by and between you and CBD Products Inc., a California corporation (the “Company,” “we”, “us” and/or “our”). The Terms govern your use of the website – www.cbdproducts.com – and any other website or mobile application (collectively, the “Website”) we operate. The Website provides a communication structure to enable connections between persons and third parties who provide information and retail services related to products containing hemp-derived cannabidiol a/k/a CBD (“Products”).
CHANGES TO THE TERMS OF SERVICE
We may revise and update these Terms from time to time at our sole discretion. We will post any changes we make to these Terms on this page. If we make any material changes, we will notify you on the Website, via email, or by other reasonable means. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.
The date these Terms were last revised is at the top of this page. You are responsible for ensuring we have an up-to-date, active and deliverable email address for you, and for periodically visiting our Website and these Terms to check for any changes. For avoidance of doubt, your continued use of the Website following the posting of revised Terms means that you accept and agree to any and all changes.
DISCLAIMER & ACKNOWLEDGMENT
THE COMPANY IS NOT A RETAILER. THE COMPANY DOES NOT SELL OR OFFER TO SELL PRODUCTS CONTAINING HEMP-DERIVED CBD AND DOES NOT ITSELF PROVIDE RETAIL SERVICES, DELIVER OR SHIP PRODUCTS TO CUSTOMERS. IT IS THE SOLE RESPONSIBILITY OF THIRD-PARTY RETAILERS OF PRODUCTS (“RETAILERS”) TO OFFER LEGALLY COMPLIANT SERVICES, WHICH MAY BE LOCATED, SCHEDULED, AND COORDINATED VIA THE RETAILER’S OWN SERVICES. THE COMPANY OFFERS A METHOD TO CONTACT RETAILERS OF PRODUCTS, IN ORDER TO OBTAIN SHIPMENTS OR DELIVERY SERVICES FROM RETAILERS. THE COMPANY DOES NOT AND DOES NOT INTEND TO PROVIDE SHIPMENTS OR DELIVERY SERVICES OR ACT IN ANY WAY AS A RETAILER OR PROVIDER OF SHIPMENTS OR DELIVERY SERVICES, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SHIPMENTS OR DELIVERY SERVICES PROVIDED TO YOU BY THIRD-PARTY RETAILERS.
ACCESSING THE WEBSITE AND ACCOUNT SECURITY
By using the Website, you represent and warrant that you: (i) have the right, authority and capacity to accept these Terms, (ii) do accept these Terms, and (iii) agree to abide by the Terms.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We reserve the right to limit usage of the Website to any person, geographic region, or jurisdiction, and we may exercise that right on a case-by-case basis. We may limit any individual’s use of the Website. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
By using the Website, you represent and warrant that you are at least eighteen (18) years old. If you reside in a jurisdiction that restricts the use of the Website because of age, or restricts the ability to enter into agreements such as this one due to age or other restrictions, you must abide by such age limits or other restrictions and you must not use the Website.
Our store is operated via WooCommerce. WooCommerce provides us with the e-commerce capabilities that allow us to sell our products and services to you.
By using the Site, you expressly consent and agree to accept and receive communications from us and/or third-party Retailers that you transact with, including via e-mail, text message, calls, and push notifications to a cellular telephone number you provided to us. By consenting to being contacted, you understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of us and our affiliated companies, including but not limited to: operational communications concerning your use of the Website, updates concerning new and existing features of the Website, communications concerning promotions run by us or Retailers, and news concerning us and industry developments. IF YOU WISH TO OPT-OUT OF PROMOTIONAL EMAILS, TEXT MESSAGES, OR OTHER COMMUNICATIONS, YOU MAY OPT-OUT BY THE FOLLOWING UNSUBSCRIBE OPTIONS on our website. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Website. However, you acknowledge that opting out of receiving text messages or other communications may impact your use of the Website.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES (IF APPLICABLE)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Products can be returned within 30 days of purchase, provided they are unused and undamaged. Products being returned must be well packaged and be accompanied by purchase information including: customer name, customer address, customer email, customer phone number, date of purchase and order number.
Returns should be sent to: 12127 Blue Ridge Ext. Suite L, Grandview, MO 64030
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Any and all statements made in product descriptions, blogs or general web copy in regard to Cannabinoid products are not expressed as medical claims. Our intention is to educate, not to suggest results nor to encourage action on the part of the reader. CBD Products Inc. is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any information contained within the site. The information contained within the site is periodically updated, there is no guarantee to the accuracy of the information. Nothing on this site is intended to operate as legal advice, please seek your own legal advice.
The statements and products referred to throughout this site have not been evaluated by the FDA. They are not intended to diagnose, treat, cure or prevent any disease or condition. If you have a health condition or concern, consult a physician or your health care provider. Always consult a medical doctor before modifying your diet, using any new product, drug, supplement, or doing new exercises. We recommend you educate yourselves on the scientific / nutritional facts.
THIRD PARTY INTERACTIONS
Through your use of the Website, you may enter into correspondence with, receive information from, purchase goods and/or services from, or participate in promotions of third-party service providers, advertisers or sponsors showing their goods and/or services on the Website, including without limitation, Retailers. WE ARE NOT A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH SUCH THIRD-PARTIES, INCLUDING RETAILERS OR THIRD-PARTY PAYMENT PROCESSORS. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We, and our affiliates, subsidiaries, licensees and licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. We do not endorse any sites on the Internet that are linked through the Website, including without limitation any Retailer, and in no event shall we or our affiliates, subsidiaries, licensees and licensors be responsible for any content, products, services or other materials on or available from such sites or third-party providers.
We provide the Website to you pursuant to the terms and conditions of these Terms. You recognize, however, that certain third-party providers of goods and/or services, including without limitation Retailers, may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and we disclaim any and all responsibility or liability arising from such agreements between you and the third-parties.
We may rely on advertising and marketing provided to us by third-parties and subsequently published on the Website and other mechanisms to subsidize the Website. By agreeing to these Terms you agree to receive such advertising and marketing. We may compile and release information regarding you and your use of the Website on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Website.
THIRD PARTY INFORMATION AND NO FDA EVALUATION IN THE U.S
The information presented on or through the Website is made available solely for general information purposes. All statements and/or opinions expressed on the Website, and all Product descriptions and specifications, articles, responses to questions or comments are solely the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We make no representations or warranties as to the completeness, accuracy, reliability, validity, usefulness or timeliness of any information published on the Website, including any listings, descriptions, features, specifications, prices or images of Products on the Website. We do not review, evaluate, or check any listings, descriptions, or images in advance for accuracy. Your reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. Such information and the availability of any Product are subject to change at any time without notice.
Any statements made on the Website or by a Retailer you access through the Website regarding Products displayed on the Website have not been evaluated by the United States Food and Drug Administration (“FDA”). The efficacy of any Products displayed on the Website has not been confirmed by FDA-approved research. The Products displayed on the Website are not intended to diagnose, treat, cure or prevent any disease. All information presented on the Website is 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 PRODUCT.
ORDERS OF PRODUCTS FROM THIRD PARTY RETAILERS
If you submit an order via the Website to purchase a Product from a Retailer (“Order”), you acknowledge and agree that (a) such Order shall be considered offers to purchase the requested Products from the Retailer at the prices described on the Website; (b) the Retailer shall have absolute discretion over whether to provide any Products in response to an Order; (c) the Retailer may, by delivering the requested Products, accept your offer to purchase the requested Products; (d) that the Retailer may, in its sole discretion, by delivering alternatives to the requested Products, offer you alternatives to the requested Products; (e) the Retailer will arrange for shipment of the Products to you, pursuant to their own shipping policies, and (f) you will not look to us for any customer service, including for Product returns, even in the event Products were damaged in transit or were otherwise defective upon receipt.
YOUR RIGHT TO RETURN AND/OR RECEIVE A REFUND FOR A PRODUCT YOU ORDER SHALL BE PURSUANT TO THE POLICY OF THE RETAILER FROM WHOM YOU PURCHASED THE PRODUCT – BE SURE TO REVIEW YOUR RETAILER’S RETURN AND REFUND POLICIES SO YOU KNOW YOUR RIGHTS WITH REGARD TO ANY PRODUCTS YOU ORDER.
INTELLECTUAL PROPERTY RIGHTS
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by U.S and International copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Website for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
You must not:
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms and may violate copyright, trademark, and other laws.
The Company name, the terms, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:
Additionally, you agree not to:
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, blog posts, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, upload or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
All User Contributions must comply with the Content Standards set out in these Terms.
Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
MONITORING AND ENFORCEMENT; TERMINATION
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND/OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY, SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of the Website. User Contributions must in their entirety comply with all applicable local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
We respect the intellectual property rights of others and have implemented a copyright policy in accordance with the Digital Millennium Copyright Act and other relevant laws. We will respond to valid notices of copyright infringement and reserve the right to terminate or suspend access to any or all parts of the Website to anyone who, in our opinion, infringes copyrights or other intellectual property rights of others. If you believe any content posted or made available on the Website constitutes infringement of your copyright rights, you may send a written notice of infringement to email@example.com or to CBD Products Inc. 7660 Fay Ave La Jolla, CA 92037. In your notice, please specify the nature of the copyright infringement and include the following information: (a) an electronic or physical signature of the owner of the copyright in question or a person authorized to act on behalf of the owner of the copyright; (b) a description of the claimed infringing material as well as identification of the claimed infringing material, including the location of such material on the Website (e.g., the URL of the claimed infringing material if applicable or other means by which we may locate the material); (c) complete contact information, including the name of the owner of the copyright and your name, title, address, telephone number, and email address; (d) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
LINKS FROM THE WEBSITE
All links from the Website to other sites and resources provided by third parties, including by Retailers, are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
ACKNOWLEDGMENT OF FEDERAL LAW GOVERNING HEMP-DERIVED CBD
The FDA regulates hemp-derived CBD pursuant to the Federal Food, Drug, and Cosmetic Act (the “FD&C Act”) and section 351 of the Public Health Service Act. The FDA requires any product containing hemp-derived CBD that is marketed with a claim of therapeutic benefit to be approved by the FDA for its intended use before it may be introduced into interstate commerce. You expressly acknowledge that the Website makes no claim that any Product provides a therapeutic benefit. You also acknowledge that it is unlawful under the FD&C Act to introduce food containing added CBD into interstate commerce, or to market CBD products as, or in, dietary supplements.
ACKNOWLEDGMENT OF THE LAWS OF YOUR STATE OF RESIDENCY
The Website is operated by the Company within the State of California, United States. The Company makes no representation that the Website and its content are appropriate or available for use in other locations. Software from the Website is further subject to United States expert controls. Software from this Website shall not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any countries that are subject to U.S. export restrictions; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Requests. By accessing or using any part of the Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. In all events, you must abide the by and follow the laws of the state in which you are a resident. You expressly acknowledge and assume full responsibility for cooperating with the laws of the state of your residency.
DISCLAIMER OF WARRANTIES
THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE, THIRD-PARTY SOFTWARE AND CONTENT, THE PRODUCTS, AND ANY SERVICES THAT MAY BE PROVIDED BY THE COMPANY. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE WEBSITE OR ANY PRODUCTS, OR THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF ANY THIRD-PARTY PRODUCTS, RETAILERS OR OTHER SERVICE PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF WEBSITE OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, IS SOLELY WITH YOU.
THE COMPANY DOES NOT MANUFACTURE, CONTROL OR SELL ANY OF THE PRODUCTS OR SERVICES OFFERED THROUGH OUR WEBSITE. THE AVAILABILITY OF PRODUCTS OR SERVICES THROUGH OUR WEBSITE DOES NOT INDICATE AN AFFILIATION WITH OR ENDORSEMENT OF ANY PRODUCT, SERVICE, RETAILER OR MANUFACTURER. ACCORDINGLY, WE DO NOT PROVIDE ANY WARRANTIES WITH RESPECT TO THE PRODUCTS OR SERVICES DISPLAYED ON OUR WEBSITE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, PARENT AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AND REPRESENTATIVES BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY , ITS AFFILIATES, PARENT AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE WEBSITE OR THE PRODUCTS, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE WEBSITE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY RETAILER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE WEBSITE, EVEN IF THE COMPANY, ITS AFFILIATES, PARENT AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AND REPRESENTATIVES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY MAY INTRODUCE YOU TO THIRD PARTY RETAILERS FOR THE PURPOSES OF FACILITATING SALES OF THE PRODUCTS. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY RETAILERS AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL ANY LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY RETAILERS. YOU ACKNOWLEDGE THAT THIRD PARTY RETAILERS PROVIDING PRODUCTS OR SERVICES REQUESTED THROUGH THE COMPANY MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. THE COMPANY WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY THIRD PARTY. WE CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND ANY THIRD PARTIES. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING MATERIALS DISPLAYED ON THE WEBSITE (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE WEBSITE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
THE QUALITY OF THE RETAIL SERVICES FACILITATED IN CONNECTION WITH THE USE OF THE WEBSITE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY RETAILER WHO ULTIMATELY PROVIDES SUCH RETAIL SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE WEBSITE, YOU MAY BE EXPOSED TO A RETAILER THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE WEBSITE AT YOUR OWN RISK.
You agree to indemnify and hold harmless the Company for certain of your acts and omissions. You agree to indemnify, defend (with counsel approved by the Company), and hold harmless the Company, its affiliates, parent and subsidiaries, and their respective officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Website, any other party’s access and use of the Website with your Website account credentials (username, password), your violation of these Terms, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Company will notify you promptly of any such claim, loss, liability, or demand; provided, that the Company’s failure to notify you shall in no way eliminate or otherwise modify the Company’s rights to indemnification hereunder.
The Website may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. We are not responsible for any delays, delivery failures, or other damage resulting from such problems.
GOVERNING LAW AND JURISDICTION RELATING TO OUR WEBSITE
This Website is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.
STEPPED DISPUTE RESOLUTION AND BINDING ARBITRATION
You hereby agree that any claim or controversy arising out of, relating to, or in connection with your use of the Website or these Terms or the breach, termination or validity thereof (“Dispute”), shall be settled through use of the stepped dispute resolution procedures as follows:
If any provision of this dispute resolution provision is found unenforceable, the unenforceable provision will be severed and the remaining terms will be enforced.
You may not assign these Terms without our prior written consent, but we may freely assign or transfer these Terms, in whole or in part, without restriction. Attempts by you to assign these Terms without our prior written consent shall be void.
Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, then the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and all other provisions of these Terms shall remain in full force and effect.