Terms and Conditions
TERMS AND CONDITIONS OF USE AND SALE
1. GENERAL
The following terms and conditions and any other related rules that are adopted by CBD Meds, LLC and made available as provided herein (collectively the “Conditions of Sale”) shall apply to all sales of CBD products that you (the “Customer” or “you”) may order from CBD, a limited liability company organized and existing under the laws of California and having its corporate headquarters at ---------------------, (“CBD” or referred to herein as “us”, “our” or “we”) on the Internet via CBD’s Website, identified by the domain name “www.cbdmedsforlife.com” (the “Website”).
The Conditions of Sale applicable to any order placed through the Website are those in force at the time you place your order (in the case of an order placed through the Website). When you check the “I Accept” box at the order confirmation section of the Website before placing your order with CBD, you indicate your acceptance of these Conditions of Sale. If you refuse to accept these Conditions of Sale, you will not be able to order any CBD products from the Website.
CBD may modify the Conditions of Sale from time to time, at its sole discretion. If you are placing an order through the Website, then by checking the “I Accept” box and placing your order, you will be indicating your agreement to be bound by the Conditions of Sale as so modified through such time.
Persons wishing to use the Website will also be deemed, by virtue of such use, to have agreed to be bound by our Website Terms of Use and our Privacy Policy, which are incorporated to these Conditions of Sale by reference. Customers using the Customer Contact Center will be provided with access to our Privacy Policy as set forth in “Acknowledgment of Order” below.
BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THE WEBSITE OR OTHER SERVICES OR CONTENT (COLLECTIVELY "SERVICES"), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THE WEBSITE. CBD RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT CBD'S DISCRETION. CONTINUED USE OF ANY PART OF THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO WWW.CBDMEDSFORLIFE.COM/TERMS-OF-USE.
2. ACCESS TO THIS WEBSITE.
To access the Website, make purchases, postings or other content, you may be asked to create an account and provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide will be correct, current, and complete. If CBD believes the information you provide is not correct, current, or complete, CBD has the right to deny access to the Website, and to terminate or suspend your access at any time.
The Website is intended for use by individuals 18 years of age or older. You may not use the Website or make purchases under any circumstances if you are less than 18 years old.
3. DISCLAIMER.
The statements on the Website have not been evaluated by the United States Food and Drug Administration. The U.S. federal government (including the FDA) maintains that cannabis is a Schedule 1 drug under the federal Controlled Substances Act, with no accepted medical use, despite the mounting evidence from the international medical community. As a result, our products cannot go through FDA testing that would enable us to make health claims, and we are required to state that CBD products are not intended to diagnose, treat, cure, or prevent any disease, illness or medical condition. CBD makes no healing, curative or medical claims or warranties regarding its products. If you have a medical condition or illness, please consult your physician. By your purchase and use of CBD products, you warrant and represent that you have consulted with your physician and have been advised by your physician that you are of suitable health to use CBD products.
Any information contained on the Website is general information about diet, health and nutrition. The information is not advice, and should not be treated as such. The general information on this website is provided “as is” without any representations or warranties, express or implied. CBD makes no representations or warranties in relation to the medical information on this website. You must not rely on the information on this website as an alternative to medical advice from your physician or other professional healthcare provider. If you have any specific questions about any medical matter you should consult your physician or other professional healthcare provider. If you think you may be suffering from any medical condition you should seek immediate medical attention. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on the Website.
4. PRODUCT AVAILABILITY; QUANTITY
All orders placed through the Website are subject to availability and acceptance by CBD.
CBD reserves the right to change the assortment of items proposed on the Website and may limit from time to time the quantity of CBD products that may be ordered by a Customer in a single buying session.
The Website can provide you with information regarding products that are currently available for sale through those channels. CBD reserves the right to change from time to time the assortment of items offered on its product pages.
5. ACCOUNT REGISTRATION; PERSONAL INFORMATION; GUEST CHECKOUT
In order to place an order through the Website, you may either register and create an online account on the Website, or place an order as a guest without creating an online account by selecting the "Guest Checkout" option that is only available on the Website. In order to register an online account, you will be required to provide valid and up-to-date personal information, such as your legal name, phone number and e-mail address, and to confirm that you have reached the age of majority.
Upon completion of your account registration on the Website, you will receive by email a one-time password, which will allow you to log in to your account on the Website and create a permanent account login and password. You will also receive a second email summarizing the personal information you provided in registering for your online account. You are responsible for ensuring that your password and account login are kept secret, safe and secure at all times. CBD will not be held responsible or liable for any misuse of your account resulting from a third party’s access to and use of your password and account login.
We may change the information required to place an order or the registration requirements from time to time. Any changes will be posted on the Website. Please refer to our Privacy Policy and these Conditions of Sale for more details about how we may use your personal information. If you select the “Guest Checkout” option on the Website, your online account will not be created and we will not use your personal information for any purpose other than in connection with processing your order.
Should any of the information you provide to the Website change, please login to your account and update such information directly on the Website. In the event that CBD reasonably suspects that a third party has breached a customer's registration, password and/or account login, CBD shall immediately cancel and terminate such account, and notify you by email or telephone.
6. ORDERS
If you are ordering on the Website, orders will be processed as follows: Once you have chosen a product, click on the “Add to Shopping Bag” button to place this product in your shopping bag. You may then decide to continue shopping for other products and add them to your shopping bag (subject to availability and quantity limits) or proceed to “Checkout” by clicking on this button. You may also remove one or several products you have selected by clicking on "Delete" next to the chosen product in the Shopping Bag. When you have completely reviewed your order, check the box next to “I accept” to indicate your agreement to be bound by these Conditions of Sale, and then click on the "Confirm and place order" button on the Website to place your order.
Notwithstanding anything to the contrary provided for herein, CBD reserves the right to refuse, cancel and terminate orders at any moment in time. For example, CBD may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if CBD suspects, in its sole discretion, that you have engaged in fraudulent or grey market activities or have otherwise violated these Conditions of Sale.
7. PRICES, TAX AND SHIPPING COSTS
All prices shown on the product pages of the Website are in U.S. Dollars.
CBD reserves the right to modify prices and delivery costs at any time without prior notice. The price of a product and delivery costs displayed on the Website at the time CBD provides you with a Confirmation of Order, will be honored by CBD.
Actual shipping costs and applicable taxes will be reflected on your order page before you are asked to confirm and place your order, and will also appear on your Confirmation of Order. Delivery costs, if any, are described in the shipping policy set forth below. Sales and use taxes will vary based on the location to which products are being shipped. Delivery costs and sales and use taxes are not stated on the product pages but will be added to the product price after you have chosen your delivery options.
The actual sales tax associated with your purchase will be calculated at the time when your order is to be shipped, at which point you will receive a Confirmation of Order. Please note that changes to applicable law between the date your order is placed and the date you are sent a Confirmation of Order may result in changes to the sales tax associated with your purchase. If the resulting change is an increase in the sales tax you are charged, we will contact you and ask that you reconfirm your purchase.
8. REVIEW AND CONFIRMATION
You should carefully check all details before placing your order through the Website, including without limitation the particulars of each sale as each sale is non-refundable and final.
9. PAYMENT
CBD accepts the following credit cards: Visa, MasterCard, American Express, and Discover.
When ordering on the Website, you will need to enter your payment details on the appropriate form. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to CBD, you will need to contact your card issuer directly to solve this problem, and CBD will not be liable for any delay or non-delivery.
In order to process your order, we may perform a pre-authorization of your credit card. The amount of your purchase will be blocked on your credit card until your order is shipped to the shipping address you have provided to CBD, at which time you will be sent a Confirmation of Order and your credit card will be charged the applicable purchase price. By submitting an offer to purchase CBD products on the Website, you expressly authorize CBD to perform such credit card pre-authorization and, where CBD deems necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.
CBD takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. CBD uses Secure Sockets Layer (SSL) encryption on all web pages where personal information is collected. Unfortunately, transmitting information over the Internet is not completely secure. Although we will do our best to protect your personal Information, we cannot guarantee the security of the data you transmit to the Website; any transmission is at your own risk and we cannot be held liable. For more information about how we use and protect your information please view our Privacy Policy.
In order to secure your transaction and prevent fraud, CBD will perform a credit card and anti-fraud check. By placing your order, you will be deemed to have authorized CBD to perform such checks and, where CBD deems necessary, from time to time to transmit or obtain information that you have provided to CBD about you in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize a particular purchase transaction.
10. ACKNOWLEDGMENT OF ORDER
Once you have placed your order, you will receive an Acknowledgment of Order by email acknowledging the details of your order. This Acknowledgment of Order will contain an Order Reference Number assigned by CBD. Please make sure that you save this Order Reference Number for any future enquiries regarding your order. This Acknowledgment of Order is not an acceptance of your order. Following the transmission of the Acknowledgment of Order, CBD will conduct its usual security and anti-fraud checks and then process your order.
11. CONFIRMATION OF ORDER
Upon shipment of your order, following completion by CBD of its anti-fraud and security checks, CBD will send you by email a written Confirmation of Order. The Confirmation of Order constitutes the acceptance of your order by CBD and indicates the existence of a binding sales contract.
12. NO REFUNDS OR CREDIT.
All sales of CBD products are final. No refunds or credit will be given. There are no exceptions to this policy.
13. SHIPPING POLICY
We accept orders U.S. and international orders. Please note that CBD does not ship to PO boxes, APO/FPO addresses or hotels.
Delivery costs will be assessed by CBD and will be added to the price of the CBD products themselves. The cost of delivery shall be calculated according to the purchase value of your order as indicated in these Conditions of Sale.
When estimating package delivery time, please allow time for credit approval, address verification and order processing. Once the order is processed and ready for shipment, we will send you the Confirmation of Order by email.
We may require a signature by an adult to confirm your acceptance of each CBD product delivered, at which point responsibility for your purchased goods passes to you.
International Shipping: We do ship globally. However, we can't keep up to date on every country's laws regarding CBD products. Make sure to check your country's legal status of cannabidiol (CBD) before ordering with us. It is your responsibility to know your country's laws before ordering with us.
14. ACCURACY OF PRICING, PRODUCT DESCRIPTIONS
WHILE CBD ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION IT PLACES ON THE WEBSITE, IT MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE ACCURACY, RELIABILTY AND COMPLETENESS OF SUCH INFORMATION. CBD DOES NOT CONFIRM THE PRICE OF A CBD PRODUCT UNTIL A CONFIRMATION OF ORDER HAS BEEN ISSUED BY CBD, INDICATING THE EXISTENCE OF A BINDING SALES CONTRACT. IF A CBD PRODUCT’S CORRECT PRICE IS HIGHER THAN THE PRICE POSTED ON OUR WEBSITE, THEN CBD WILL EITHER CONTACT THE CUSTOMER FOR INSTRUCTIONS BEFORE SHIPPING THE ORDER OR CANCEL THE ORDER AND NOTIFY YOU OF SUCH CANCELLATION. WHILE EVERY EFFORT WILL BE MADE TO ENSURE THAT THE DESCRIPTIONS, PHOTOGRAPHS OR GRAPHICAL REPRESENTATIONS OF THE CBD PRODUCTS DISPLAYED ON THE WEBSITE OR IN A CATALOG ARE AS ACCURATE AS POSSIBLE, CBD DOES NOT WARRANT THAT SUCH MATERIALS OR OTHER CONTENT IS ERROR-FREE, WHETHER AS A RESULT OF INACCURACY, OMISSION, OBSOLESCENCE OR OTHERWISE. ACCORDINGLY, THE CUSTOMER’S SOLE REMEDY IN THE EVENT OF ANY SUCH ERROR IS TO RETURN THE PRODUCT AS SET FORTH IN OUR RETURN POLICY.
15. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES WILL CBD BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE INFORMATION PROVIDED ON THE SITE IS FOR GENERAL INFORMATIONAL PURPOSES ONLY AND IT IN NO WAY CREATES ANY DOCTOR PATIENT RELATIONSHIP.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
16. NO CO-BRANDING OR FRAMING.
You may not use or authorize any party to co-brand or frame the Website without the express prior written permission of an authorized representative of CBD. For purposes of these Terms, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Website; content accessible within the Website; or content transmitted through the Website. For purposes of these Terms, "framing" refers to displaying any part of the Website within a bordered area of another website, regardless of whether the address of the Site or the originating CBD posting is visible. Furthermore, you agree to cease any unauthorized co-branding or framing immediately, upon notice from CBD.
17. NO UNLAWFUL ACCESS.
In addition, you agree that you will not use the Website in any manner that could in any way disable, overburden, damage, or impair the Website or otherwise interfere with any other party's use and enjoyment of the Website. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through authorized use of the Website.
18. YOUR INTELLECTUAL PROPERTY.
Subject to our Privacy Policy (located at https://www.cbdmedsforlife.com/privacy/), any communication, videos, information or other material submitted by you to CBD through this Website, by email or by other means, for any reason, will be treated as non-confidential and non-proprietary user content (the "Submissions"). While you retain all ownership rights to the Submissions, you hereby grant to CBD a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, transmit, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display the Submissions. You agree that CBD will not be bound to treat any Content as confidential and may use any Submissions in its business (including without limitation, for advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future CBD operations or business.
19. CBD INTELLECTUAL PROPERTY.
All content and works found on the Website originating from CBD the "Content") is considered the copyrighted and trademarked intellectual property of CBD, or of the party that created and/or licensed the Content to CBD. All contents of the Website provided by CBD are: Copyright © 2015 CBD. All rights reserved. No rights or title to any of the works contained on the Website shall be considered transferred or assigned to the User. You agree that you will not copy, distribute, republish, modify, create derivative works from, or otherwise use the Content in any way, without the prior written consent of CBD or the owner of such Content.
Trademarks, service marks, logos, and copyrighted works appearing in the Website are the property of CBD or the party that provided them to CBD. CBD, and any party that provides intellectual property to CBD, retain all rights with respect to any of their respective intellectual property appearing in the Website.
20. HYPERLINKING.
The Website may be hyperlinked to and by other websites which are not maintained by, or related to, CBD. Hyperlinks to such sites are provided as a service to Users and are not sponsored by, endorsed or otherwise affiliated with the Site or CBD. CBD has not reviewed any or all of such sites and is not responsible for the content of any linking sites, and any links made directly from the Website to another web page should be accessed at the User's own risk. CBD makes no representations or warranties about the content, completeness, quality or accuracy of any such third party website.
21. RULES OF BEHAVIOR.
The Website may allow you to post reviews by sending Submissions (collectively, "Communications Services"). You agree to use the Communication Services only to post, upload, display, send and receive Submissions and material that is considered proper and which you own or have received prior permission to use, send or receive. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with the Website, or cause to be posted, sent, submitted, published or transmitted, any Submissions or material that:
(i) you do not have the right to distribute, duplicate, display, upload, send or receive, including any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);
(ii) advocates illegal activity, discusses any intent to commit an illegal act or violates any law;
(iii) is vulgar, obscene, pornographic, or indecent;
(iv) threatens or abuses others;
(v) is libelous or defamatory towards others;
(vi) is racist, abusive, harassing, threatening or offensive;
(vii) exploits or harms children by exposing them to inappropriate content;;
(viii) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;
(ix) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of Content or other material contained in a file that is permissibly uploaded (e.g., copyright, trademark or patent notices);
(x) solicits funds, advertisers or sponsors for any purpose;
(xi) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications device;
(xii) amounts to a pyramid or other like scheme, including contests, chain letters, and surveys;
(xiii) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this Website or any networks connected to this Website; or
(xiv) contains hyperlinks to other websites that contain content that falls within the scope of this Section.
You acknowledge that any materials uploaded to the Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your Submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your Submissions. You acknowledge and agree that neither CBD nor any third party that provides content to CBD will assume or have any liability for any action made by CBD or such third party with respect to any Submission.
22. DISCLOSURE UNDER LAW.
CBD reserves the right at all times to disclose any information or Content as necessary to satisfy any applicable law, regulation, legal process or governmental request.
23. PERSONALLY IDENTIFIABLE INFORMATION.
CBD cautions you against giving out any personally identifying information about your children in any Content. In an effort to preserve your privacy, CBD agrees that it will treat any personally identifying information that you submit through this Website in accordance with the terms outlined in its Privacy Policy at https://www.cbdmedsforlife.com/privacy/.
24. COPYRIGHT INFRINGEMENT.
If you believe that your work has been copied in a way that constitutes copyright infringement, please email CBD using the “Contact Us” form on the Website at: https://www.CBD.com/contact/ and provide the written information specified below. Please note that this procedure is exclusively for notifying CBD and its affiliates that your copyrighted material has been infringed. Please include the following:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest:
— A description of the copyrighted work that you claim has been infringed upon;
— A description of where the material that you claim is infringing is located on the Website, including the current website address;
— Your address, telephone number, and e-mail address;
— A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, or the law;
— A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
25. SECURITY.
Any passwords used for this Website are for individual use only. You will be responsible for the security of your password(s). From time to time, CBD may require that you change your password. You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, CBD reserves the right to release your account details to system administrators at other websites and/or the authorities in order to assist them in resolving security incidents. CBD reserves the right to investigate suspected violations of these Terms. CBD reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction CBD to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms.
BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD CBD HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CBD DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER CBD OR LAW ENFORCEMENT AUTHORITIES.
26. MISCELLANEOUS.
These Terms will be governed and interpreted pursuant to the laws of California, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in the State of California in connection with any dispute between you and CBD arising out of these Terms or pertaining to the subject matter hereof. The parties to these Terms each agree that the exclusive venue for any dispute between the parties arising out of these Terms will be in a court of competent jurisdiction in Los Angeles County, California.
If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CBD as a result of this agreement or use of the Website. These Terms and Conditions of Sale and the Website Privacy Policy (located at https://www.cbdmedsforlife.com/privacy/) constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and CBD with respect to the Website. Notwithstanding the foregoing, any additional terms and conditions on the Website will govern the items to which they pertain. CBD may revise these Terms at any time by updating this posting.
27. ENTIRE AGREEMENT
The Conditions of Sale (as amended from time to time), including policies incorporated herein (e.g., Privacy Policy) constitute the entire agreement between you and CBD regarding your purchase of CBD products, and supersede any prior Terms and Conditions of Sale or any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and CBD in relation to such matters. No oral representation or agreement given by any party shall alter the interpretation of the Conditions of Sale.
28. NO WAIVER
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Last Updated: June 15, 2015
4833-7367-8885, v. 1
