Terms & Conditions
WEBSITE TERMS AND CONDITIONS OF USE
CBDS INC doing business as Urban Hemp Store and Full Flower Hemp (“us,” “our,” or “we”) own and manage this Website. You may only use the Website if you can form a binding contract with us, and only if you comply with these Terms & Conditions and all applicable local, state, national, and international laws, rules, and regulations.
We may alter these Terms & Conditions without notice, and your continued use of the Website signifies that you agree to be bound by any future changes. You are encouraged to review these Terms & Conditions at regular intervals to monitor for updates. If you do not agree, you should not use our Website.
YOUR ACCESS TO THIS WEBSITE IS GOVERNED BY THESE TERMS & CONDITIONS
These Terms & Conditions govern your access to and use of this Website, and any content provided to you on, from, or through our Website, our software, and any applications created by CBDS INC, whether through a social networking site or through our subsidiaries or affiliated companies. This content is collectively encompassed by references to the Website throughout these Terms & Conditions.
OUR INFORMATION COLLECTION, USE, AND DISCLOSURE
THIS WEBSITE DOES NOT CONSTITUTE THE FORMATION OF A PROVIDER-PATIENT RELATIONSHIP AND DOES NOT PROVIDE MEDICAL ADVICE
Urban Hemp Store's conduct on this Website does not constitute the practice of medicine, mental health counseling, psychology, physical therapy, or any other licensed service. The Website is offered only for educational purposes, based upon our proficiency in, knowledge of, and experience with the topics provided. The Content of the Website does not constitute medical advice and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. If you have concerns about any medical condition, diagnosis, or treatment, please make an appointment with a licensed healthcare provider. In an emergency, call 911. Urban Hemp Store Website should not be utilized as a replacement for current or future medical advice, diagnosis, or treatment.
You acknowledge that visiting the Urban Hemp Store Website does not create a provider-patient relationship between you and Urban Hemp Store or any of our providers, and your visit to this Website does not create any duty for us to follow up with you about any medical condition, diagnosis, or treatment. You acknowledge that you will consult your healthcare provider before considering any of Urban Hemp Store products.
THE FDA HAS NOT EVALUATED OR APPROVED STATEMENTS REGARDING HEMP AND CBD-RELATED WELLNESS PRODUCTS
You understand and acknowledge that the Food and Drug Administration (“FDA”) has not evaluated the statements made about CBD, CBD oil, CBD Vapor, or any CBD or hemp derivative products.
The products and content listed on this Website only constitute the opinions of Urban Hemp Store. They have not been evaluated, recommended, or endorsed by the FDA or any other government organization. These products are not intended to diagnose, treat, cure, or prevent any disease or illness.
CBDS INC, Urban Hemp Store, and Full Flower Hemp do NOT sell or distribute ANY products that are in violation of the United States Controlled Substances Act (USCA). All products sold on this site are derived from hemp and contain 0.3% or less delta9-THC. All of our hemp-derived CBD products are legal in all 50 states.
CBD and other cannabinoid or hemp products are not approved by the FDA for the diagnosis, cure, mitigation, treatment, or prevention of any disease. Any statements made regarding any products sold on this website have not been evaluated by the Food and Drug Administration. The efficacy of these products has not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure, or prevent any disease.
All information presented on this website is not meant as a substitute for or alternative to information from health care practitioners. Please consult your physician about potential interactions or other possible complications before using any product. The Federal Food, Drug, and Cosmetic Act require this notice.
Use of our website and purchase of our products is for persons 21 years of age or older. We are restricted from making any claims about the efficacy of our specific CBD and cannabinoid products and other supplements and products to treat or cure any disease or medical condition. You should always seek the advice of a physician before adding nutritional supplements or products to your diet, especially if you are taking medications or have a medical condition.
Please note: if you are pregnant or think you may be pregnant, please consult your physician before using hemp or CBD products.
The use of any kind of hemp product does not guarantee you will pass a drug test, as hemp products contain trace amounts of naturally occurring THC, in the same way, that poppy seeds contain trace amounts of opiates, and fruit juice contains trace amounts of alcohol from naturally-occurring fermentation. Use caution when using any hemp product. If failing a drug test is detrimental to you in any way, do not use hemp products, as there is a risk of failing a drug test. You are responsible for knowing the state laws and regulations in your area and ship-to address. Therefore, it is up to the consumer to determine the legalities in their area of products purchased on this website.
Do not use CBD or delta8 THC (Δ8) products if pregnant or nursing. Consult your doctor before use, especially if you are using any prescription medications or have a medical condition. Discontinue use if unusual symptoms occur. All Δ8 extracts are 100% derived from hemp. All Full Flower Hemp and Asa Botanical products contain less than 0.3% Δ9 THC. Δ8 can be intoxicating to some people. Do not drive or operate any machinery while using Δ8 products. Δ8 may cause you to fail a drug test. Do not use Δ8 products if you need to pass a drug test. Δ8 THC may affect blood pressure, heart rate, and/or intraocular pressure. If you have any known or unknown heart, blood pressure, eye, eye pressure, or similar/related issues, do not use Δ8 products unless recommended by a doctor. Must be at least 21 years old to purchase Δ8 products and at least 18 years old to purchase CBD products.
CBDS INC, Urban Hemp Store, and Full Flower Hemp do NOT sell or distribute ANY products that are in violation of the United States Controlled Substances Act (CSA). All products sold in our store location or online are derived from hemp and contain 0.3% or less delta9-THC. All our hemp-derived CBD products are legal in all 50 states. CBD and other cannabinoid products are not approved by the FDA for the diagnosis, cure, mitigation, treatment, or prevention of any disease. Any statements made regarding any products sold by Blue Lotus Botanicals have not been evaluated by the Food and Drug Administration. The efficacy of these products has not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure, or prevent any disease. All information presented here is not meant as a substitute for or alternative to information from health care practitioners. Please consult your physician about potential interactions or other possible complications before using any product. We are restricted from making any claims about the efficacy of our specific CBD and cannabinoid products and other supplements to treat or cure any disease or medical condition. You should always seek the advice of a physician before adding nutritional supplements to your diet, especially if you are taking medications or have a medical condition.
Due to Delta 8 THC either being illegal or not explicitly legal according to state laws, delta 8 products do not ship to the following states: Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, Rhode Island, Vermont, and Utah. This list may be updated at any time and without notice.
DO NOT SHARE PROTECTED HEALTH INFORMATION VIA THIS WEBSITE
Because we do not store or transmit protected health information (“PHI”) through this Website, our activities as they relate to this Website and its Content do not comply with the Health Insurance Portability and Accountability Act (“HIPAA”).
This means: Unless expressly directed to do so and through a secure HIPAA portal, do not use this Website to provide, transmit, store, or disclose any health information that constitutes PHI. CBDS INC accepts no affirmative duty to monitor whether you provide, transmit, store, or disclose PHI while using this Website or its Content. If you violate these Terms & Conditions and share PHI through this Website anyway, or if we become aware that you are using, providing, transmitting, storing, or disclosing PHI, we may revoke your access to the Website.
Remember that once you share information online, it may be impossible to make that information private again. If you use, provide, transmit, store, or disclose PHI through this Website, you agree to indemnify Blue Lotus against any damages, losses, liabilities, judgments, costs, or expenses (including reasonable attorney fees and costs) that arise from your use, provision, transmission, storage, or disclosure of PHI.
You are strongly urged to not share PHI through our Website or on our social media unless you do so through a specifically designated HIPAA-compliant and encrypted portal.
YOUR PERMITTED USES OF OUR WEBSITE CONTENT
Unless otherwise expressly stated, Blue Lotus (or its licensors) owns the entirety of the Content on this Website. The Content is protected by the United States, state, and worldwide copyright laws and treaty provisions.
-OUR GRANT OF LIMITED PERSONAL LICENSE TO YOU
Except as provided above, you may not: copy, reproduce, modify, use, republish, upload, post, transmit, or distribute any of the Content, including any trademarks, names, or logos, and you may not redeliver or present any of the pages, text, images, or the Content using “framing” technology, nor systematically retrieve data, information, or the Content to create a collection, compilation, database, or directory.
Urban Hemp Store reserves all rights not expressly granted.
RULES GOVERNING YOUR CONDUCT WHILE VISITING THIS WEBSITE
Urban Hemp Store has the right, but not the obligation, to monitor all conduct on this Website. You expressly agree that you will not: deceive, harass, stalk, harm, or exploit any other users; distribute spam; collect or record information about other users, or advertise or solicit others to purchase any product or service. You will not use this Website or its Content: for any unlawful purpose; to solicit others to perform or participate in unlawful acts; for any obscene purpose; to violate any regulations, rules, laws, or ordinances; to submit false or misleading information; to upload or transmit any viruses or any other type of malicious code that will be used in a way that will affect the functionality or operation of the Website, or to collect or track the personal information of others. We reserve the right to terminate your use of the Website for engaging in such conduct.
THIS WEBSITE DOES NOT COLLECT INFORMATION ABOUT MINORS
DISCLAIMER OF LIABILITY AND STATEMENT OF NO WARRANTY
the information on our website IS PROVIDED on an “AS IS” basis. Urban Hemp Store MAKES NO REPRESENTATIONS, and NO EXPRESS OR IMPLIED WARRANTIES, WITH RESPECT TO THE CONTENT, or OTHERWISE REGARDING THIS website OR ANY WEBSITE LINKED THROUGH this website.
TO THE FULLEST EXTENT PERMITTED by LAW, Blue Lotus DISCLAIMS ALL express or implied WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
Urban Hemp Store does not warrant THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, TIMELINESS, OR AVAILABILITY OF THIS WEBSITE OR the CONTENT OF ANY website linked through this website.
Urban Hemp Store WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
By using this Website, you demonstrate that you assume the risk of accessing and using the information it provides. We do not guarantee the accuracy of information provided on this Website, and we reserve the right to correct any errors or inaccuracies at any time without prior notice. Urban Hemp Store is not responsible for any errors or omissions in the information provided.
-WE ARE NOT RESPONSIBLE FOR ANY WEBSITE VISITORS’ DAMAGES
By using this Website, you agree that Urban Hemp Store is not responsible to you or others for any loss or damage that results from your use (or non-use) of this Website or any linked third party’s website. These potential losses or damages include, but are not limited to: direct, indirect, special, consequential, compensatory, or incidental damage; lost profits or data; damage to your computer resulting from viruses; loss of or damage to other property; claims of third parties; or penalties resulting from copying or displaying this Website.
Urban Hemp Store is not responsible for these consequences, regardless of whether we have been advised or knew or should have known of the possibility of such damages or claims. Your sole and exclusive remedy against Urban Hemp Store is to stop using this Website. Without limiting the preceding paragraphs, you expressly release Urban Hemp Store from any responsibility and/or liability relating to your use of this Website, linked websites, or information contained in this Website or linked websites.
INFORMATION THAT YOU PROVIDE VIA THIS WEBSITE
-OUR RIGHT TO MONITOR ACTIVITY ON OUR WEBSITE
We have the right, but not the duty, to monitor your use of this Website, including any information you provide through it. Although we perform regular routine backups of data, you are responsible for the information that you send, submit, or provide through our Website, or that relates to any activity you have undertaken using the Website. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. You agree not to transmit information that is illegal, threatening, libelous, defamatory, obscene, ethnically or racially offensive or discriminatory, profane, invasive of another’s privacy, or violative of any law or confidentiality agreement.
We may or may not affirmatively monitor the information provided through this Website, but if such information is brought to our attention, we may edit, delete, modify, or ban the information, and/or take legal action against you.
-YOUR CONSENT TO ELECTRONIC COMMUNICATIONS
If you provide Urban Hemp Store with your email address, you consent to receive unencrypted and unsecured email communications from us. You agree that any notices, agreements, disclosures, or other communications that we send you via email satisfy any legal communication requirements.
Any information that you provide to Urban Hemp Store or by email may be misdirected or intercepted by unintended recipients. Therefore, email may not be a confidential means of communication. If you have confidentiality concerns, please do not transmit any sensitive or confidential information to us via email.
LINKS TO THIRD-PARTY WEBSITES
This Website may occasionally provide links to third-party websites. By clicking on these links, you agree that we cannot control the information presented on such third-party websites and are thus not responsible if you choose to follow those links. Although we may use third-party websites in the provision of our telehealth services, such websites are not maintained by, nor are they related to, Urban Hemp Store.
By clicking on such links, you agree that we are not responsible for their content, regardless of whether your access is provided by Urban Hemp Store or by another third party. We do not guarantee the accuracy, timeliness, or suitability of the content of any third-party website.
Any links that we provide to third-party websites should not be construed as endorsements of the products, services, or sponsoring organization of that linked website. Your sole and exclusive remedy for claims arising from any such third-party products or services is against that third party. Urban Hemp Store is not responsible for these claims.
-THIRD-PARTY WEBSITES MAY LINK TO THIS WEBSITE
Urban Hemp Store hereby grants third-party websites the limited right to link to its Website. This limited license does not permit third-party websites to use “framing” technology to capture Urban Hemp Store Content, and it does not permit any activity that could create a misimpression or confusion among users with respect to sponsorship or affiliation. If your website provides a link to this Website, please notify Urban Hemp Store within 72 hours of placing such a link. You agree to remove the link and any reference to Urban Hemp Store if we make such a request, and you agree to comply with such requests within 24 hours.
DO NOT SUBMIT IDEAS, SUGGESTIONS, OR OTHER CREATIVE MATERIAL
Do not send us any ideas, suggestions, materials, concepts, or other information (collectively “Creative Material”), unless we ask you to do so. If you violate these Terms & Conditions, any Creative Material that you send to us will become Urban Hemp Store property. This means that we will have unrestricted use of the Creative Material for our personal and commercial purposes. Regardless of how we use that Creative Material, you will not be compensated, and we will not be liable to you or to any other person involved with developing the Creative Material.
If you send Creative Material to Urban Hemp Store, you agree: that you waive your rights to the Creative Material; that the Creative Material is original to you; that you have the right to submit the Creative Material to us; and that you have no recourse against Urban Hemp Store for any alleged or actual infringement or misappropriation of any proprietary right in any Creative Material. We are not obligated to maintain the confidentiality of any Creative Material. Urban Hemp Store further disclaims any liability that may result from its disclosure of any Creative Material which is submitted in violation of its policy.
You further agree not to: send us any Creative Material that contains any viruses or other computer programming routines that may damage, interfere with, intercept, or take any system, data, or personal information; send us an unreasonably large amount of Creative Material that overloads or burdens our servers, or otherwise interferes with or inhibits any other user from using or enjoying this Website; send us any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communications; access, use, or copy any portion of the Content using automated mechanisms, such as bots, spiders, scrapers, web crawlers, or indexing agents; and/or impersonate another person or allow any other person or entity to use your identity while interacting on Blue Lotus’ social media, as defined in its
YOUR AGREEMENT TO INDEMNIFY BLUE LOTUS
You agree to indemnify Urban Hemp Store against any damages, losses, liabilities, judgments, costs, or expenses (including reasonable attorney fees and costs) arising out of any third party’s claims that relate to your use of this Website.
OUR OPERATION OF THIS WEBSITE
We make all reasonable efforts to keep this Website operational and available. These efforts are subject to scheduled maintenance, unscheduled maintenance, and systems outages. We do not provide any assurance or warranty that: access will always be available; service will be uninterrupted; its operation will be error-free; any defects will be corrected; or that our Website’s servers are free from viruses or other harmful components. You agree to assume the entire cost of servicing, repairing, or correcting your property as might be necessitated by your use.
ONLINE PRIVACY AND COMMUNICATIONS
-COMPLIANCE WITH ONLINE COMMUNICATIONS PRIVACY LAWS
We strive to comply with all applicable laws concerning online communications privacy. However, your use of this Website signifies your acknowledgment that the internet is neither more nor less secure than other communications media, including mail, fax, and telephone services, all of which can be intercepted or otherwise compromised.
We encourage you to assume that all internet communications may be non-secure and to exercise caution when sharing information about your health.
OUR PROPRIETARY RIGHTS TO THIS WEBSITE
-COPYRIGHT AND TRADEMARK PROTECTIONS
This Website’s Content is protected by applicable copyrights, trademarks, service marks, patents, or other proprietary rights and laws. By using the Website, you agree not to sell, license, rent, modify, copy, distribute, reproduce, transmit, redistribute, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Content. Your use of the Content for any purpose that is not expressly permitted by these Terms & Conditions is prohibited.
-NO REPRODUCTION OF THIS WEBSITE’S CONTENT
Reproduction, replication, or redistribution of any of the Content for commercial purposes is prohibited.
DISCLAIMER FOR VISITORS’ HEALTH OR INJURIES
-WAIVER OF CLAIMS AGAINST BLUE LOTUS
You understand that Urban Hemp Store is not responsible for any injuries that you sustain through its Content. You expressly waive any claim for any injury at any time against Urban Hemp Store or any person or entity involved with Urban Hemp Store, including, without limitation, its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates, and representatives.
-NO WARRANTY OR GUARANTEE OF OUTCOME
Urban Hemp Store works to provide accurate information on this Website. However, we may include testimonials and/or examples on this Website from persons whose health concerns are distinct from yours. These are not guarantees that you will achieve comparable results by undertaking a comparable program. Your results will depend upon your personal background, effort, overall health, medical history, providers, and many other factors that are beyond the scope contemplated by this Website.
Urban Hemp Store DOES NOT guarantee or warrant that you will have any specific result.
INTELLECTUAL PROPERTY INFRINGEMENT
Urban Hemp Store respects intellectual property rights. If you believe that information on our Website constitutes a copyright or trademark infringement, please provide our Designated Copyright Agent using the contact information provided below with the following information: (1) the claimed infringement; (2) reasonably sufficient information to allow us to locate the claimed infringement on the Website; (3) the owner or complaining party’s contact information, including name, address, and email address; (4) the owner’s signature; (5) a statement by the owner that the owner has a good faith belief that the use of the copyright or trademark is not authorized by the copyright or trademark owner, its agent, or the law; (6) a statement, under penalty of perjury, that the information is accurate, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Pursuant to a valid DMCA takedown notice, Urban Hemp Store will notify you if we have removed copyright-protected material.
Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter-notification to our Designated Copyright Agent using the contact information provided below (a “Counter Notification”).
To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; (6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.
NO ASSIGNMENT OF TERMS & CONDITIONS
Urban Hemp Store may assign or transfer these Terms & Conditions or licenses without notice. However, they are not transferable by you to others.
22. ENFORCEMENT OF TERMS & CONDITIONS.
-CONFLICTS GOVERNED BY FLORIDA LAW
-TREATMENT OF UNENFORCEABLE PROVISIONS
By using this Website, you agree that if any provision of this agreement is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable unless that modification is not permitted by law, in which case that provision will be disregarded. You agree that, if an unenforceable provision is modified or disregarded in accordance with this paragraph, then the rest of these Terms & Conditions will remain in effect as written. And you agree that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.
-VALIDITY OF WAIVERS OF THESE TERMS & CONDITIONS
-ENTIRETY OF THE AGREEMENT BETWEEN VISITORS AND URBAN HEMP STORE
-AMENDMENTS & MODIFICATIONS TO THESE TERMS & CONDITIONS
Pursuant to the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 C.F.R. Part 255 Sections 255.0 through 255.5, we reserve the right to provide links on this Website that may be affiliated links. This means that Urban Hemp Store may be paid if you purchase products or services through affiliates’ links.
Urban Hemp Store only provides affiliated links for products or services that its principals have personally used and believe will add value to its visitors.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
We make every effort to display as accurately as possible the specifications and details of the products available on the Site. However, we do not guarantee that the specifications and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
PURCHASES AND PAYMENTS
We accept the following forms of payment:
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars. Except where noted otherwise, the prices displayed for our products represent the full retail price listed on the product itself. We cannot confirm the full price of any item until you complete the online order form as this will resolve the issues of relevant taxes and shipping and handling as and where applicable. Be aware that your credit card is not billed until after your order has entered the shipping process.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to refuse any order placed through the Site. 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 payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use a buying agent or purchasing agent to make purchases on the Site.
Use the Site to advertise or offer to sell goods and services.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
Engage in unauthorized framing of or linking to the Site.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Attempt to impersonate another user or person or use the username of another user.
Sell or otherwise transfer your profile.
Use any information obtained from the Site in order to harass, abuse, or harm another person.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
Delete the copyright or other proprietary rights notice from any Content.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCM”).
Except as may be the result of the standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use the Site in a manner inconsistent with any applicable laws or regulations.
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits anyone under the age of 18 or any person of any age in a sexual or violent manner.
Your Contributions do not violate any federal or state law concerning child pornography, or are otherwise intended to protect the health or well-being of minors;
Your Contributions do not include any offensive comments that are connected to age, race, national origin, gender, sexual orientation, gender identity, cognitive or mental handicap or condition, or physical handicap or condition.
By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media format and through any media channel.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
GUIDELINES FOR REVIEWS
We may provide you with areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:
(1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, gender identity, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
We may, in our sole discretion, allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.
As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Orange County, Florida. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures, and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
EXCEPTIONS TO INFORMAL NEGOTIATIONS AND ARBITRATION
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
YOUR AGREEMENT AND ACKNOWLEDGMENT
By your continued use of Urban Hemp Store Website, you understand and acknowledge that you have read the Terms & Conditions, and you agree to be bound to them.