PLEASE READ THESE TERMS CAREFULLY BEFOR 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 or services (collectively, “services”) purchased through this Site (all terms and conditions of this Agreement, collectively, the “Terms”). In this Agreement, the words “you” and “your” refer to each customer, Site visitor, or user.
Notice of Key Consumer Information
Arbitration; Class Action Waiver; Limitation of Remedies.
Please be aware that you agree to the arbitration agreement and class action waiver included in the Agreement to resolve any and all disputes with Company and its affiliates (except for matters that may be taken to small claims court). This Agreement also limits your remedies in the event of a dispute.
This Site contains general information related to diet, health and nutrition. The Food and Drug Administration (“FDA”) has not evaluated the statements on this Site, and we do not provide any statement or product on this Site for the purpose of diagnosing, treating, curing or preventing any disease. If you are pregnant, nursing, taking medication, or have a history of heart conditions we suggest consulting with a physician before using any of our products.
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. You must not rely on the information on this website as an alternative to medical advice from a professional health care provider. 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 services are not intended to be efficacy or health claims. While we believe in the value of our 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. Additionally, consumer testimonials and endorsements on the Site relating to the experience of one or more consumers on any central or key attribute of our services are not representative – and are not intended to be representative – of what consumers will generally achieve in actual, albeit variable conditions of use.
Consent to Agreement.
BY ACCESSING OR USING ANY PART OF THE SITE (INCLUDING BY PLACING AN ORDER THROUGH THIS SITE), YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, OR IF YOU DO NOT UNDERSTAND THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE 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 means 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.
Ownership of Content.
All text, graphics, user interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site 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, patent and trademark 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.
The beginning of this Agreement contains important health and claims disclosures, which are incorporated herein. Those disclaimers apply to all Content on the Site and any marketing related to the services offered on the Site. While we have are informed and believe in the health benefits of CBD, the statements made regarding the services have not been evaluated by the FDA. The efficacy of our services or CBD in general has not been confirmed by FDA-approved research based on evidence that meets the FTC’s 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 service. The Federal Food, Drug and Cosmetic Act requires this Notice.
Similarly, while we may provide customer testimonials or endorsements, 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. The CBD in our products is derived from legally sourced industrial hemp containing miniscule 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.
Third Party Content and Links to Third Party Sites.
The Site may contain information and claims sourced from third parties that we provide for informational purposes only subject to the express health and claims disclaimers listed at the beginning of this Agreement. Furthermore, this Site may contain links to websites controlled by parties other than us (each a “Third Party Site”). 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 may provide links to citations or resources with which we are not affiliated, and in each such case you shall not presume any such affiliation.
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.
Be advised, 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.
Notice of Third Party Misconduct.
We want to ensure that you have an excellent user and customer experience. We take third party/affiliate misconduct seriously. If you become aware of any conduct that violates this Agreement or any misconduct by any third party claiming an affiliation with this Site or our services, we encourage you to document the misconduct and contact our Customer Service immediately. We reserve the right, but will not have the obligation, to respond to such communications in our discretion. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding links or the current content on any Third Party Site.
Your Use of Site
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. We reserve the right to bar any such activity.
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, as provided for by the Site.
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. Without limiting the foregoing, for example purposes only, you may not interfere with or damage the Site or our services through (without limitation) 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 sent 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.
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).