Terms & Conditions.
TERMS OF SERVICE
LAST MODIFIED: 08/22/2019
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.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
ACCEPTANCE OF TERMS OF SERVICE
These Terms of Service (collectively, the “Terms”) are entered into by and between you and Pythoness LLC, a Delaware limited liability company (the “Company,” “we”, “us” and/or “our”). The Terms govern your use of the website – www.herhighnes.com - and any other website or mobile application (collectively, the “Website”) we operate. The Website provides information and retail services related to products containing hemp-derived cannabidiol a/k/a CBD (“Products”). The Terms also apply to the purchase and sale of products, including without limitation the Products, and services through the Website. The Website also provides information regarding cannabis products and enables connections to third parties who provide cannabis products licensed and fully compliant under applicable state and local laws, rules and regulations.
CHANGES TO THE TERMS OF SERVICE
We may revise and update these Terms from time to time in 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.
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:
Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.
Guaranteeing that all content, messages or other materials that you upload, publish or display, email, or otherwise use via the Website complies with these Terms and applicable law.
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.
ORDER ACCEPTANCE AND CANCELLATION
You agree that any order you submit via the Website to purchase a Product (“Order”) is an offer to buy, under these Terms, all Products listed in your Order. All Orders must be accepted by us or we will not be obligated to sell the Products to you. We may choose not to accept Orders at our sole discretion, even after we send you a confirmation email with your Order number and details of the items you have ordered.
PRICES AND PAYMENT TERMS
All prices, discounts, and promotions posted on the Website are subject to change without notice. The price charged for a Product will be the price in effect at the time the Order is placed and will be set out in your Order confirmation email. Price increases will only apply to Orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your Order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any Orders arising from such occurrences.
We may offer from time to time promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
SHIPMENTS; DELIVERY; TITLE AND RISK OF LOSS
We will arrange for shipment of the Products to you via a third-party retail fulfilment specialist (“Shipper”). Please check the individual Product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.]
Title and risk of loss pass to you upon our transfer of the products to the Shipper. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
RETURNS AND REFUNDS
Except for any Products designated on the Website as final sale or non-returnable, we will accept a return of the products for an [exchange or refund of your purchase price, less the original shipping and handling costs], provided such return is made within  days of [delivery] with valid proof of purchase and provided such Products are returned in their original condition. To return Products, please email the Shipper at [EMAIL ADDRESS] and follow the instructions they provide.
We will use our commercially reasonable best efforts to process returns within approximately [three] business days of the Shipper’s receipt of your Product. If you request a refund, it will be credited back to the same payment method used to make the original Order. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THE WEBSITE AS NON-RETURNABLE.
GOODS NOT FOR RESALE OR EXPORT
You represent and warrant that you are buying Products from the Website for your own personal or household use only, and not for resale or export. You further represent and warrant that all Orders are intended for final delivery to locations within the US.
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 PROVIDED VIA THIS LINK [INSERT AS LINK TO UNSUBSCRIBE OPTIONS]. 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.
CANNABIS DISCLAIMER & ACKNOWLEDGMENT
THE COMPANY IS NOT A LICENSED RETAILER OF CANNABIS PRODUCTS. THE COMPANY DOES NOT SELL OR OFFER TO SELL PRODUCTS CONTAINING CANNABIS OR THC (EXCEPT AS SET FORTH BELOW) AND DOES NOT ITSELF PROVIDE CANNABIS RETAIL SERVICES. IF YOU ACCESS A THIRD-PARTY RETAILER OF CANNABIS PRODUCTS (“RETAILER”) VIA THE WEBSITE IT IS THE SOLE RESPONSIBILITY OF THE RETAILER TO OFFER LEGALLY COMPLIANT SERVICES, WHICH MAY BE LOCATED, SCHEDULED, AND COORDINATED VIA THE RETAILER’S OWN SERVICES. THE COMPANY DOES NOT AND DOES NOT INTEND TO PROVIDE CANNABIS PRODUCT SHIPMENTS OR CANNABIS DELIVERY SERVICES OR ACT IN ANY WAY AS A CANNABIS RETAILER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY CANNABIS SHIPMENTS OR DELIVERY SERVICES PROVIDED TO YOU BY THIRD-PARTY RETAILERS. THE COMPANY’S HEMP-DERIVED CBD PRODUCTS ARE DERIVED FROM HEMP CONTAINING LESS THAN 0.3% THC ON A DRY WEIGHT BASIS.
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.
NO FDA EVALUATION; NO MEDICAL ADVICE; NO MEDICAL TREATMENT
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. Any 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 regarding the Products have not been evaluated by the United States Food and Drug Administration (“FDA”). Neither the Products nor the ingredients in any of the Products have been approved or endorsed by the FDA or any regulatory agency. 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 medical condition, illness or disease. The 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 MEDICAL CONDITIONS AND POTENTIAL INTERACTIONS OR OTHER POSSIBLE COMPLICATIONS BEFORE USING ANY PRODUCT.
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 United States 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:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
Modify copies of any materials from the Website.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
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 name “HER HIGHNESS,” 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:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws of your state pertaining to hemp-derived CBD).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features 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 own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms.
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:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.
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 federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
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 [INSERT EMAIL ADDRESS] or [INSERT PHYSICAL ADDRESS]. 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
Pursuant to the Agricultural Improvement Act of 2018, industrial hemp is not listed on Schedule 1 of the Controlled Substances Act. Nonetheless, 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 FEDERAL LAW GOVERNING CANNABIS
The Website and the Company operate under applicable state laws. You expressly acknowledge and understand that marijuana (cannabis) is listed on Schedule I of the United States Controlled Substances Act. Under the federal laws of the United States of America, manufacturing, distributing, dispensing or possession of marijuana is illegal, and individuals are subject to arrest and/or prosecution for doing so. You further acknowledge that medical use is not recognized as a valid defense under federal laws regarding marijuana. You also acknowledge and understand that the interstate transportation of marijuana is a federal offense.
ACKNOWLEDGMENT OF THE LAWS OF YOUR STATE OF RESIDENCY
The Company makes no representation that the Website and its content are appropriate or available for use in your location. 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.
WEBSITE DISCLAIMER OF WARRANTIES
THE WEBSITE AND ALL PRODUCTS OFFERED ON THIS WEBSITE ARE 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 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.
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, AN ORDER 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 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 CERTAIN 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 THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
THE QUALITY OF THE THIRD-PARTY RETAIL SERVICES FACILITATED VIA 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
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:
a. Negotiation. You and Company shall attempt in good faith to resolve any Dispute promptly by negotiation between representatives with proper authority to settle the Dispute. Either party may give written notice of a dispute (“Notice of Dispute”). Within fifteen calendar (15) days after the delivery of such notice, the receiving Party shall submit to the other a written response. The notice and response shall include: (1) a statement of that party’s position, (2) a summary of arguments supporting that position, and (3) the name and title of the executive who will represent that party, as well as any other person who will accompany the representative. The parties’ representatives shall meet at a mutually acceptable time and location to attempt to resolve the dispute within forty-five (45) days after delivery of the initial notice. If after forty-five (45) calendar days, negotiations fail to resolve the dispute, or do not occur at all, the parties shall move directly to mediation. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence.
b. Mediation. Any and all Disputes not resolved through negotiation within forty-five (45) days after delivery of the Notice of Dispute shall be submitted to mediation. The parties shall select a mutually agreeable mediator, and a mutually agreeable time and location for the mediation within ninety (90) days after the initial Notice of Dispute. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. Each party shall pay its own costs related to the mediation regardless of the outcome.
c. Binding Arbitration. If any Dispute has not been resolved by mediation as provided herein within ninety (90) days after the initial Notice of Dispute, it shall be submitted for binding arbitration. A single arbitrator shall be jointly selected, and arbitration shall be conducted through using the institutional rules of a mutually agreeable arbitration provider. If the Parties cannot mutually agree upon an arbitration provider, the Parties shall submit their Dispute to the American Arbitration Association (the “AAA”) for arbitration, and an arbitrator shall be selected according to that tribunal's rules. The award of the arbitrator shall be final and binding on the Parties. In furtherance of an economical resolution to any dispute, the parties hereto agree that in any arbitration, each party will be limited to three (3) depositions, ten (10) requests for production of documents (inclusive of sub-parts), thirty (30) interrogatories, and ten (10) requests for admission, and there will be no transcript taken of any arbitration proceeding. The arbitration tribunal shall have authority to render final judgment on any Dispute brought before it, including interpretation and application of this Agreement and the determination of whether a particular Dispute is arbitrable. The scope of the arbitrator's authority shall include the authority to interpret and apply the meaning of this paragraph. Each of the Parties hereby waives any and all rights of appeal. Judgment upon the award rendered by the arbitrator may be entered in any state court having jurisdiction thereof. If, and only if, no state court has jurisdiction, then the award rendered by the arbitrator may be entered in any federal court having jurisdiction thereof.
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.
a. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
b. To Us. To give us notice under these Terms, you must contact us as follows: (i) by email transmission to [EMAIL ADDRESS]; or (ii) by personal delivery, overnight courier, or registered or certified mail to [NAME AND ADDRESS]. We may update the email address or physical address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
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.