CBD Pure

Terms & Conditions

 

Prime vita terms of condition

The website located at www.PrimeVitaCBDOil.com, its sub-domains, and certain affiliated websites (the “Site”) is a collection of various intellectual properties that belong to Yoad Development and Technology 2014 LTD, and its agents, employees, contractors, affiliates, subsidiaries, parent company, and other related companies (“ShoppingCBD”, “Us”, “Our”, and “We”). Our Site is protected by the United States and foreign copyright, trademark, trade dress, trade secrets, patents (as may be issued) and other intellectual property laws.

PrimeVitaCBDOil provides websites, and related sub-domains, mobile and/or software applications that host content related to cannabis and the cannabinoid cannabidiol (CBD), located in the cannabis plant, and related products, which include reviews and ratings provided by us and its users, directories of cannabis dispensaries, products, and cannabis and CBD-related news stories and other articles (collectively, with all other services provided through the Site, the “Services”). Certain features of the Services or Site may be subject to additional guidelines, terms, or rules, which will be posted on the Services or Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement. References to “you” and “your” refer to you, a user of our Site and/or Services.

THESE TERMS OF USE (“AGREEMENT” OR “TERMS”) SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SITE AND SERVICES. BY ACCESSING OR USING THE SITE OR SERVICES, YOU ARE ACCEPTING THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES OR ACCEPT THE AGREEMENT IF YOU DO NOT HAVE THE CAPACITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE SITE OR SERVICES. IF YOU ARE USING THE SITE OR SERVICES ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF SUCH COMPANY, ENTITY, OR ORGANIZATION WITH THE AUTHORITY TO BIND IT TO THIS AGREEMENT.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

  • IMPORTANT DISCLAIMERS.

ALL INFORMATION CONTAINED ON THE SITE AND SERVICES IS FOR INFORMATIONAL PURPOSES ONLY. CONTENT POSTED BY SHOPPINGCBD ON ANY WEBSITE, MOBILE APPLICATION, SOCIAL MEDIA CHANNEL, THIRD-PARTY CONTENT SERVICE, OR ADVERTISEMENT IS FOR INFORMATIONAL PURPOSES ONLY. SHOPPINGCBD DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF, ANY OPINION, ADVICE, STATEMENT, OR OTHER INFORMATION MADE ON THE SITE OR SERVICES, INCLUDING USER CONTENT AND THIRD PARTY MATERIALS (EACH AS DEFINED BELOW). SHOPPINGCBD IS NOT RESPONSIBLE FOR YOUR RELATIONSHIP WITH ANY PRODUCT RETAILER, SUPPLIER, WHOLESALER, DISPENSARY, RETAIL LOCATION, HEALTH CARE PROVIDER, ANY THIRD-PARTY, OR OTHER USERS OF THE SITE OR SERVICES. SHOPPINGCBD IS NOT OBLIGATED TO SCREEN DISPENSARIES, RETAIL LOCATIONS, HEALTH CARE PROVIDERS, OR THEIR MENUS TO DETERMINE WHETHER THEY ARE QUALIFIED OR AUTHORIZED BY LAW TO PROVIDE THEIR SERVICES OR TO DETERMINE THE ACCURACY OF THEIR MENUS OR OTHER INFORMATION THEY PROVIDE. DO YOUR OWN DUE DILIGENCE AND RESEARCH REGARDING ANY PRODUCT OR SERVICE YOU ARE INTERESTED IN TO MAKE SURE THAT SUCH IS PROPER AND FITTING FOR YOUR NEEDS.

SHOPPINGCBD DOES NOT OFFER MEDICAL ADVICE. ANY INFORMATION ACCESSED THROUGH THE SITE AND SERVICES, OR WITHIN ANY OF SHOPPINGCBD’S SOCIAL MEDIA PAGES OR CHANNELS IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY, IS NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND IS NOT INTENDED TO COVER ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS, OR ADVERSE EFFECTS. SUCH INFORMATION INCLUDES WITHOUT LIMITATION, THIRD PARTY MATERIALS, USER CONTENT, AND SHOPPINGCBD-GENERATED CONTENT DERIVED FROM USER CONTENT. THE INFORMATION ON THE SITE AND SERVICES AND PROVIDED VIA SHOPPINGCBD’S SOCIAL MEDIA PAGES AND CHANNELS SHOULD NOT BE USED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. ALWAYS CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE, SERVICES, OR ON SHOPPINGCBD’S SOCIAL MEDIA PAGES AND CHANNELS. IF YOU ARE HAVING A MEDICAL EMERGENCY CALL 911 OR THE SAME OR SIMILAR EMERGENCY LINE IN YOUR OWN AREA.

USER EXPRESSLY ACKNOWLEDGES THAT SHOPPINGCBD IS FOR RESIDENTS WITH LAWS REGULATING THE LAWFUL USE OF MEDICAL OR RECREATIONAL CANNABIS AND/OR CBD AND THAT MEDICAL CANNABIS COLLECTIVES AND PATIENTS ARE ESTABLISHED PURSUANT TO THEIR RESPECTIVE LOCAL, STATE, AND/OR COUNTRY LAWS. YOU UNDERSTAND THAT THE U.S. FEDERAL GOVERNMENT HAS CLASSIFIED MARIJUANA AND MARIJUANA EXTRACTS AS SCHEDULE 1 CONTROLLED SUBSTANCES. U.S. FEDERAL LAW PROHIBITS THE MANUFACTURE, DISTRIBUTION, AND POSSESSION OF MARIJUANA AND MARIJUANA EXTRACTS. FURTHERMORE, MARIJUANA AND ITS EXTRACTS HAVE NOT BEEN APPROVED BY THE FOOD AND DRUG ADMINISTRATION FOR MARKETING AS A DRUG. THEREFORE THE “MANUFACTURE” OF MARIJUANA OR MARIJUANA EXTRACTS, INCLUDING CBD, FOR MEDICAL OR RECREATIONAL USE MAY NOT BE SUBJECT TO ANY STANDARDS, QUALITY CONTROL, OR OTHER OVERSIGHT. MARIJUANA MAY CONTAIN UNKNOWN QUANTITIES OF ACTIVE INGREDIENTS, IMPURITIES, CONTAMINANTS AND SUBSTANCES IN ADDITION TO THC, WHICH IS THE PRIMARY PSYCHOACTIVE CHEMICAL COMPONENT OF MARIJUANA.

THE FOREGOING DISCLAIMERS AND LIMITATIONS ON LIABILITY SHALL NOT LIMIT THE MORE GENERAL DISCLAIMERS AND LIMITATIONS ON LIABILITY IN SECTIONS 9 AND 10 OR ELSEWHERE IN THIS AGREEMENT.

  • ELIGIBILITY

By accessing or using the Services, you represent and warrant that: (a) you are at least 21 years old; (b) you have never been convicted of a felony or any criminal offense characterized as a sexual offense and are not required to register as a sex offender with any government entity; (c) you have not previously been suspended or removed from the Services; (d) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (e) you are not a competitor of ShoppingCBD and are not using the Services for reasons that are in competition with ShoppingCBD or other than for its intended purpose; and (f) you are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed, (ii) identified as a “Specially Designated National” or (iii) placed on the U.S. Commerce Department’s Table of Deny Orders.

  • ACCOUNTS

3.1 Account Creation. Although PrimeVitaCBDoil does not currently require it, in the future, you may be required to register for an account with PrimeVitaCBDoil (“PrimeVitaCBDOil Account”) in order to use certain features of the Site (e.g., to use the Services) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may not create more than one PrimeVitaCBDoil  Account. You may delete your  PrimeVitaCBDoil Account at any time, for any reason, by contacting us at wahoo@wahooim.com. PrimeVitaCBDoil may suspend or terminate your  PrimeVitaCBDoil Account in accordance with Section 6.5 or Section 12.

3.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your  PrimeVitaCBDoil Account login information and are fully responsible for all activities that occur under your PrimeVitaCBDoil Account. You agree to immediately notify PrimeVitaCBDoil  of any unauthorized use, or suspected unauthorized use of your PrimeVitaCBDoil Account or any other breach of security. PrimeVitaCBDoil cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. We recommend that you use a strong password for your account, never use the same password on multiple sites or services and change your password frequently.

3.3 Social Networking Services. Alternatively, we may permit you to login to the Site or Services or otherwise associate your  PrimeVitaCBDoilAccount with your login credentials from certain social networking sites (e.g., Facebook) (“SNS”). If you log in or otherwise associate your ShoppingCBD Account with your login credentials from a SNS, we may receive information about you from such SNS, in accordance with the terms and conditions (e.g., terms of use and privacy policy) of the SNS (“SNS Terms”). If you elect to share your information with these SNS, we will share information with them in accordance with your election. The SNS Terms of these SNS will apply to the information we disclose to them.

  • SITE AND MOBILE APP

4.1 License. Subject to the terms of this Agreement,  PrimeVitaCBDoil grants you a non-transferable, non-exclusive, license to use the Site and Services for your personal, non-commercial use. Subject to the terms of this Agreement, PrimeVitaCBDoil grants you a non-transferable, non-exclusive, license to install and use the software PrimeVitaCBDoil makes available for mobile devices (“Mobile App”), in executable object code format only, solely on your own handheld mobile device and for your personal, non-commercial use. As used in this Agreement, the term “Services” includes the Mobile App.

4.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build a similar or competitive service; (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof; and (e) You will not engage in any advertising or solicitation to buy or sell any products or services through the use of the Services and you will not transmit any chain letters, junk or spam email to other users. Additionally, you will not use any information obtained from the Services in order to contact, advertise to, solicit or sell to any user without their prior explicit consent.

4.3 Modification.  PrimeVitaCBDoil reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without prior notice to you. You agree thatPrimeVitaCBDoil  will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof.

4.4 Ownership. Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, trade dress and trade secrets, in the Site and Services are owned by  PrimeVitaCBDoil. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. PrimeVitaCBDoil and its suppliers reserve all rights not granted in this Agreement.

4.5 App Platforms. You acknowledge and agree that the availability of the Mobile App is dependent on the third party app platform from which you received the Mobile App, e.g., the Apple App Store® (“App Platform”). You acknowledge that this Agreement is between you and PrimeVitaCBDoil and not with the App Platform. PrimeVitaCBDoil, not the App Platform, is solely responsible for the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the App Platform in connection with the Mobile App. Each App Platform may have its own terms and conditions to which you must agree before downloading the Mobile App from it. You agree to comply with, and your license to use the Mobile App is conditioned upon your compliance with, all applicable agreements, terms and conditions of use/service, and other policies of the applicable App Platform. You acknowledge that the App Platform (and its subsidiaries) is a third party beneficiary of this Agreement and will have the right to enforce this Agreement.

4.6 Communications

4.6.1 Text Messaging. By using the Services, you agree that PrimeVitaCBDoil and those acting on its behalf may send you text (SMS) messages at the phone number you provided us. These messages may include operational messages about your use of the Services, as well as marketing or other promotional messages. Messages from PrimeVitaCBDoil, its affiliated companies and necessary third-party service providers, may include but are not limited to: operational communications concerning your User account or use of the Services, updates concerning new and existing features on PrimeVitaCBDoil, communications concerning promotions run by us, our third-party partners, or Affiliates (defined below) and news concerning PrimeVitaCBDoil and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. Your agreement to receive promotional texts is not a condition of any purchase or service offered by PrimeVitaCBDoil. If you change or deactivate the phone number you provided to PrimeVitaCBDoil, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. You agree that texts, calls, or prerecorded messages may be generated by automatic telephone dialing systems.

4.2 Opt-Out.  You may opt-out of receiving text messages from PrimeVitaCBDoil at any time by making such a request to wahoo@wahooim.com . You may continue to receive text messages for a short period while the  PrimeVitaCBDoil processes your request, and you may also receive text messages confirming the receipt of your opt-out request.

4.3 Opting Back In. You may opt back into receiving text messages from  PrimeVitaCBDoil at any time by making such a request to wahoo@wahooim.com

4.4 Email. You agree that we may send you emails concerning our products and services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.

  • USER CONTENT

5.1 User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Site or Services, including without limitation, content in the user’s profile, user reviews and/or postings, messages, data, text, photos, video, music, graphics, links or other materials posted through chat messages, community pages, email messages, mobile messages, photos and profile information. You acknowledge and agree that  PrimeVitaCBDoilis not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. PrimeVitaCBDoil does not assume and will not have any liability or responsibility to you or any other person or user for your use or misuse of any User Content. PrimeVitaCBDoil does not control, take responsibility for or assume liability for any User Content posted by you or any third party, or for any loss or damage thereto, nor is PrimeVitaCBDoil liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you encounter.

5.2 User Content – Your Responsibilities. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by PrimeVitaCBDoil. Because you alone are responsible for your User Content (and not PrimeVitaCBDoil), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. PrimeVitaCBDoil  is not obligated to backup any User Content and User Content may be deleted at anytime. You are solely responsible for creating backup copies of your User Content if you desire.

5.3 License. You hereby grant, and you represent and warrant that you have the right to grant, to PrimeVitaCBDoil an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services, except to the extent we are restricted from doing so as a result of your submission of your personal data or information (which shall be maintained in accordance with our Privacy Policy). You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

5.4 Feedback. If you provide PrimeVitaCBDoil any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to PrimeVitaCBDoil  all rights in the Feedback and agree that PrimeVitaCBDoil shall have the right to use such Feedback and related information in any manner it deems appropriate. PrimeVitaCBDoil will treat any Feedback you provide to  PrimeVitaCBDoilas non-confidential and non-proprietary. You agree that you will not submit to PrimeVitaCBDoilany information or ideas that you consider to be confidential or proprietary.

5.5 Testimonials and Comments. In accordance with the FTC guidelines, please be aware of the following:

Testimonials and comments appearing on the Site are received in various forms via a variety of submission methods. The testimonials and comments reflect the real-life experiences of individuals. We do not claim, nor should the reader assume, that any individual experience recounted is typical or representative of what any other consumer might experience. Testimonials are not necessarily representative of what anyone else using cannabis-related products may experience. The people giving testimonials on the Site may have been compensated, including with free products or discounts for use of their experiences.  The testimonials displayed are given verbatim except for grammatical or typing error corrections. Some testimonials may have been edited for clarity, or shortened in cases where the original testimonial included extraneous information of no relevance to the general public. We are not responsible for the opinions or comments posted on the Site, and we do not necessarily share the opinions, views or commentary of postings on the Site. All opinions expressed are strictly the views of the poster, reviewer or reader.

Unless otherwise stated, the testimonials, products discussed and statements made on the Site have not been evaluated by the FDA and are not intended to diagnose, treat, mitigate, cure or prevent any disease. We do not make any claims about the testimonials or products discussed or guarantee any results. You should always check with your physician before starting a new supplement or health product.

  • ACCEPTABLE USE POLICY.

The following sets forth PrimeVitaCBDoil’s “Acceptable Use Policy”:

6.1 General Restrictions. You agree not to use the Site, Services, or any of PrimeVitaCBDoil’s social media pages or channels to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, indecent, patently offensive (e.g., material that promotes racism, bigotry, intolerance, threats, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.

6.2 Reviews. You agree not to post reviews on the Site, Services, or any of PrimeVitaCBDoil’s social media pages or channels that are not based upon your personal experience or are otherwise designed for any purpose other than providing other users on the Site with an accurate description of your personal experience. Reviews based on secondhand, non-personal experience are not allowed. In addition to the other restrictions contained in the Acceptable Use Policy, reviews posted on the Site, Services, or any of PrimeVitaCBDoil’s social media pages or channels must not: (a) be written exclusively in capital letters, (b) be plagiarized, (c) contain spam or advertisements and/or links to external websites, (d) contain personally identifying or disparaging information about any other person, (e) contain overly detailed or sexual descriptions of an individual’s physical appearance, or lewd personal attacks against a specific individual or group of individuals affiliated with the Dispensary, (f) contain references to Dispensaries or competitors other than the product or Dispensary being reviewed, or (g) contain unrelated personal grievances. If you are an owner, volunteer, or employee of a Dispensary you may not post reviews about your Dispensary or products or about your competitors’ Dispensary or products.

You will not use any review to promote a competing product or service that is not represented on our site. Comparisons with products and services that are not offered on our site, with products or services that are offered on our site, in the content of a review, is forbidden. Do not provide links to other sites that promote businesses, products or services that are not are not listed on our site. Reviewers sometimes do this for the sole purpose of promoting one of the competitors to our advertisers, and it is not allowed.

6.3 Photos. Image files must exclusively feature the products they illustrate and must not include nude body parts, messy or cluttered backgrounds, product wrapping, currency, paraphernalia, brand names, or other any objects other than the product itself. Image files must be clear and must not be blurry, fuzzy, or contain any flash reflections. Products should be centered in the image file. Image files must contain an accurate depiction of the product they illustrate. Image files cannot contain pornography or other graphic images and must otherwise abide by the guidelines set forth in this Section 6. You understand that PrimeVitaCBDoil has the right to modify, crop or “photoshop” any photos you submit to comply with PrimeVitaCBDoil’s policies, practices and procedures. Photographs must not contain any misleading or false content. You must have the legal right to use any photo or artwork that you post.

6.4 Technological Restrictions. In addition, you agree not to use the Site or Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks; (e) attempt to or impersonate another user or PrimeVitaCBDoil or gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site or Services, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Site or Services; or (g) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services.

6.5 Monitoring, Suspension, and Termination. We reserve the right (but have no obligation) to review and edit, or reject and remove, any User Content (including any image files or reviews), investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Content, terminating your  PrimeVitaCBDoil Account in accordance with Section 12, and/or reporting you to law enforcement authorities) if we in our sole discretion suspect that you have violated the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.

  • INDEMNITY

You agree to indemnify and hold PrimeVitaCBDoil (and its officers, employees, and agents) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and expenses (including reasonably attorneys’ fees) arising from or relating to any claim or demand made by any third party due to or arising out of (i) your use or misuse of the Site or Services, (ii) your User Content, (iii) your violation of this Agreement; or (iv) your violation of applicable laws or regulations. PrimeVitaCBDoil reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of PrimeVitaCBDoil. PrimeVitaCBDoil will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

  • THIRD PARTY MATERIALS; DEALS; OTHER USERS; RELEASE

8.1 Third-Party Interactions. During use of the Site or Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party service providers, advertisers, or sponsors showing their goods and/or services through the Service. In particular, PrimeVitaCBDoil is not a party to any transaction that you may enter into with a third-party.  Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third-party.  PrimeVitaCBDoil shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction, or promotion between you and any such third-party.  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 Service.

8.2 Third Party Materials. The Site or Services might display, include or make available third-party content (including data, information, articles applications or other products, services and/or materials) or contain links to third party websites, services, and advertisements for third parties such as products and Deals (defined below) (collectively, “Third Party Materials”). You acknowledge and agree that PrimeVitaCBDoil  is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. PrimeVitaCBDoil does not assume and will not have any liability or responsibility to you or any other person or user for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk. When you link to a Third Party Material, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Material.

8.3 Deals. The Site, Services or communications might display, include or make available coupons, promotional codes, giveaways, services, samples, and other offers from listed dispensaries, medical providers, third party physicians or medical practices (collectively, “Deals”). Deals constitute “Third Party Materials” under this Agreement.  PrimeVitaCBDoil displays these Deals on the Site and Services as a form of advertisement for the listing dispensary (the “Offeror”) only. All Deals are offered directly by the applicable Offeror, and may be subject to additional terms, conditions, or restrictions of the Offeror or under applicable law, whether or not such additional terms, conditions or restrictions are expressly included on the Site or Services. The Offeror, and not PrimeVitaCBDoil , is solely responsible for: (a) redemption of the Deal; (b) compliance of all aspects of the Deal with applicable law (including without limit, the advertisement, redemption, and terms, conditions and restrictions related thereto); (c) all goods and services it provides to you in connection with the Deal; and (d) all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Deal or not. From time to time, we may also offer free trials or other promotions (a “Promotion”). As an example, we may offer promotions that provide free subscriber-level access to the Services for a certain period of time. You must cancel your subscription before the end of the promotion period in order to avoid being automatically charged for subscription fees.

8.4 Other Users. Each user of the Site or Services is solely responsible for any and all of its User Content and/or Third Party Materials. Because we do not control User Content and/or Third Party Materials, you acknowledge and agree that we are not responsible for any User Content and/or Third Party Materials and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content and/or Third Party Materials, and we assume no responsibility for any User Content and/or Third Party Materials. Your interactions with other Site or Services users (including Dispensaries) are solely between you and such user. You agree that  PrimeVitaCBDoil will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site or Services user, we are under no obligation to become involved.

8.5 Release. You hereby release and forever discharge PrimeVitaCBDoil (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish your rights with respect to, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Services users, Third-Party interactions or Third Party Materials. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

  • DISCLAIMERS

THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PrimeVitaCBDoil (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

  • LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PrimeVitaCBDoil (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PRIMEVITACBDOIL’S (AND OUR SUPPLIERS’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID PRIMEVITACBDOIL IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

  • AFFILIATION

11.1 General. The Site is a professional information and review resource that accepts free products, cash advertising, sponsorship, paid insertions or other forms of compensation from affiliate, promotion, sponsorship, advertising and marketing partners (“Affiliates”). We test Affiliate products, provide honest opinions and give high marks to the best. We are independently owned and the opinions expressed here are Our own.

11.2 Purchases. The Site contains links to Affiliates and their products. If you purchase through one of those links, We may receive a commission, which is necessary to allow PrimeVitaCBDoil to continue to deliver the content on the Site. We may publish our Affiliates’ promotional offers with different features and different rates to any of our users. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. You acknowledge and agree that any purchase is solely between you and the Affiliate, and not PrimeVitaCBDoil. You acknowledge and agree that (i) We have no obligation whatsoever to furnish any support services with respect to your purchase or relationship with an Affiliate; (ii) We are not responsible for addressing any claims you have or any claims of any third-party relating to an Affiliate, including your Affiliate purchase, or your possession and use of an Affiliate or third-party product, including, but not limited to: (A) product liability claims; (B) any claim that the Affiliate or third-party product fails to conform to any applicable legal or regulatory requirement; or (C) claims arising under consumer protection or similar legislation; and (iv) any claims, losses, liabilities, damages, costs or expenses attributable to an Affiliate, including an Affiliate Purchase, will be the sole responsibility of the Affiliate, and not PrimeVitaCBDoil.

  • TERM AND TERMINATION.

Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services. We may (a) suspend your rights to use the Site and/or Services (including your  PrimeVitaCBDoil Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement, your ShoppingCBD Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your PrimeVitaCBDoil Account on any of its services involves deletion of your User Content associated therewith from our Site, Services, and live databases. PrimeVitaCBDoil will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your PrimeVitaCBDoil  Account or deletion of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 1,3,7,9,10,13,14.6.

  • COPYRIGHT POLICY

PrimeVitaCBDoil respects the intellectual property of others and asks that users of our Site and Services do the same. In connection with our Site and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Site and Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed please contact us at wahoo@wahooim.com by sending a formal DMCA notice.

  • GENERAL

14.1 No Support or Maintenance. You acknowledge and agree thatPrimeVitaCBDoil  will have no obligation to provide you with any support or maintenance in connection with the Site or Services.

14.2 Changes to Terms of Use. This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any changes to this Agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site or Services. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site or Services following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.

14.3 ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE. Except for disputes brought in small claims court in Tel-Aviv, Israel, all disputes between you and PrimeVitaCBDoil arising out of, relating to or in connection with the Site or Services shall be exclusively settled through binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) for commercial arbitration. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. YOU AND PRIMEVITACBDOIL AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Notwithstanding any provision in this Agreement to the contrary, if the class-action waiver in the prior sentence is deemed invalid or unenforceable, however, neither you nor we are entitled to arbitration. This arbitration agreement is subject to the Federal Arbitration Act. The arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding any provision in this Agreement to the contrary, we agree that if PrimeVitaCBDoil makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice of to PrimeVitaCBDoil. If the arbitration in this section provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in Tel-Aviv, Israel. You hereby accept the exclusive jurisdiction of such court for this purpose. This Agreement is governed by the laws of Israel, without regard to conflict of law provisions.

14.3.1 Pre-Arbitration Dispute Resolution. We are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at wahoo@wahooim.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to us should be sent to the address identified in Section 14.8 below.

14.3.2 Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

14.3.3 Future Changes to Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, we agree that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided in Section below. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

14.4 Copyright/Trademark Information. Copyright © 2019, Yoad Development and Technology 2014 LTD. All rights reserved. PrimeVitaCBDoil®; the PrimeVitaCBDoil logo; the PrimeVitaCBDoil colors used in combination; the PrimeVitaCBDoil tile designs (collectively, the “Marks”) and any other trade name or slogan contained in the Services are trademarks or service marks of PrimeVitaCBDoil are trademarks of Yoad Development and Technology 2014 LTD. You acknowledge and agree that You are not permitted to use PrimeVitaCBDoil Marks or any third party marks displayed on our site without prior written consent from, respectively, PrimeVitaCBDoil, or the owners of such third-party marks.

14.5 Miscellaneous. This Agreement constitutes the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision, nor shall any single or partial exercise by  PrimeVitaCBDoil of any right or power hereunder preclude further exercise of that or any other right hereunder. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Nothing contained herein shall be construed to establish an employment, partnership, or joint venture relationship between you and  PrimeVitaCBDoil. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without PrimeVitaCBDoil’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.

14.7 Language of the Agreement. The language of this Agreement is English. Where PrimeVitaCBDoil has provided a translation of the English version of this Agreement, you agree that the translation is provided for your convenience only and that the English language version of this Agreement will govern your relationship with PrimeVitaCBDoil. If there is any contradiction between what the English language version of this Agreement says and what a translation says, then the English language version will take precedence.

CBDPure TERMS OF SERVICE

This Agreement (“Agreement”) constitutes the Terms of Service related to your use of CBDPure.com, and any transactions as a customer of CBDPure.com. This Agreement (“Agreement”) constitutes the Terms of Service related to your use of CBDPure.com, and any transactions as a customer of CBDPure.com. Throughout this Agreement, the terms “CBDPure.com,” “us,” and “we” may refer to us, CBDPure, as is appropriate and depending on the context in which the term is used. “You” means you, the person who is agreeing to these Terms of Service. Our Privacy Policy, available elsewhere on this website, is hereby incorporated as a part of this Agreement by reference, and you are agreeing to the Privacy Policy to the same extent that you are agreeing to the Terms of Service in this document.

1. Contact Us

These Terms of Service were last updated December 16, 2018. If you have any questions about our website, terms of service, privacy policy, or any products offered for sale, please contact us at support@CBDPure.com.

Correspondence can be mailed to our address at: Nutra Pure LLC, 800 NE Tenney Rd, Suite 110-326, Vancouver, WA 98685.

2. Class Action and Arbitration

You and CBDPure, and its legal entity or any subsidiaries, agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.

You agree that any claim or dispute in connection with: (i) the use of this site; (ii) the use and/or purchase of any of our products or services through our website or distributed through our website; (iii) or any information or content stored or viewed on our site; will be resolved by binding arbitration rather than in court, except for certain small claims actions. Arbitration means you are giving up the right to go to Court and assert any rights you may have, except for any matters that do not fall under this arbitration clause as previously mentioned.

Arbitrations under this Agreement will take place on an individual basis, and class actions are not permitted. This agreement does not allow class or collective arbitrations, or class actions, even if arbitration rules would. The arbitration will be binding non-appearance, and initiated through an established alternative dispute resolution provider, and any award shall be confidential and shall remain confidential. Each party is to be responsible for any filing fees to commence arbitration and any costs related to the Arbitration process. Both parties agree to have such arbitration claims heard in Washington.

In the event that the law does not permit the abovementioned dispute to be resolved through arbitration, you agree that any actions shall be brought solely in a court of competent jurisdiction located within Washington. The prevailing party in any such action shall be entitled to their reasonable attorneys’ fees and costs.

To summarize, both parties agree that they are waiving their right to a trial by jury and that any dispute must be submitted to binding arbitration. By placing an order on our website, you irrevocably waive any right you have to join claims with those of others in the form of a class action or similar procedural device. Any claims relating to your usage of our website or product must be asserted individually.

3. Consult A Physician

The information found on CBDPure.com is for informational and educational purposes only. As with any health supplement, we recommend that you consult a physician or doctor before using any of our products. You should always speak with your physician or other healthcare professional before adopting any treatment for a health problem or before using any of our products. If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard, avoid, or delay obtaining medical advice from your doctor or other qualified health care provider because something you have read on our Site.

None of the statements made on our website have been affiliated or verified by the FDA. The products or content offered at CBDPure.com do not diagnose, treat, cure or relieve any medical or health conditions. Neither our website, customer service representatives, employees, affiliates, customers nor any third parties linked to from our website are authorized to provide any medical advice.

4. Information We Require

We may request certain information from you in order to process your purchase, including your name, address, telephone number, e-mail address, credit card information, and information about your health goals or other information as required. Your information will only be subject to disclosure as stated in our Privacy Policy. As a part of using our service, you must be at least eighteen years old, or, if applicable, whatever older age is required to enter into binding contracts in your jurisdiction.

5. Order Prices, Availability, and Modifications

We reserve the right to cancel your order at any time, for any reason including, but not limited to, mistaken pricing on our website or marketing materials, shortages of materials, increases in price of materials, or any other purpose that we may deem appropriate. Any changes to the Agreement will be effective immediately for new buyers, while any material changes will become effective after thirty (30) days for previous purchases unless they have sent notice to us that they do not agree with the changes and have stopped using our site. Otherwise, your continued use of our site and program constitutes your acceptance of such changes. You agree that we may charge you the applicable price and shipping cost agreed to at the time of checkout, and that payment is not immediately refundable once order confirmation has been sent.

6. Shipping and Taxes

Orders generally take about 1-2 business days to process and ship. Domestic delivery will take approximately 3-7 business days. We only ship to addresses located within the United States of America, and certain foreign countries that specifically allow the importation of CBD products. You may be provided shipping details through the checkout screen on our website or through your account. We use USPS, UPS and other third-party shippers to fulfill our orders. If you have not received your order, your order is damaged, or you require an exchange, please contact us immediately at support@CBDPure.com. Failure to contact us in a timely manner may affect your ability to return any products to us. You agree that we may charge you any sales, VAT, or nexus taxes collected in your jurisdiction as applicable when receiving any of our products.

7. Return Policy

All of our products are guaranteed for 90 days. If you are not satisfied with your order, we will issue you a prompt and hassle-free refund of your purchase price, less your shipping cost, upon return of your order. Please allow 1-2 weeks after receipt for credit to be processed and appear on your account statement. We will not provide a refund or reimbursement for any amount or charge above your original purchase price.

Returns should be mailed to the following address: CBDPure Returns, 2555 N Coyote Dr #112, Tucson, AZ 85745

8. Copyright and Trademark

Our website contains unique content owned exclusively by us, including the text and graphics. We cannot allow this text to be copied, as it harms our search engine rankings and promotes third parties at our expense. Any unauthorized use of our copyrighted content is prohibited.

CBDPure relies on its trademarks and trade dress to distinguish itself from competitors, profit from its marketing efforts, and ensure that its product image remains positive in the eyes of the consumer. As such, any unauthorized use of our trademark or trade dress, including copying the look and feel of our website or product design, is prohibited.

Furthermore, we may, but are not obligated to, permit the submission of content generated by our users. You agree that if you submit any content to us, you are granting us a non-exclusive, irrevocable, universal right to reproduce the content for any reason and in any form, for the sole advantage of CBDPure, financially or otherwise.

We take copyright infringement very seriously. If you believe that your copyrighted material has been infringed on our website, please send a valid DMCA notice to:support@CBDPure.com

We cannot be held responsible for any alleged copyright claim against a third-party affiliate website, a website not under our ownership or control, or a unassociated website that may link to our content or order form, or reference or review our CBD products. Please address those concerns to the owner of the website in question.

9. Representations and Warranties

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER CBDPURE NOR ANY OF THEIR RESPECTIVE AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER CBDPURE NOR ANY OF THEIR RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

10. Limitations and Liability

CBDPURE DOES NOT ASSUME ANY RESPONSIBILITY, OR WILL BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF THIS SITE OR PRODUCTS FOUND, OR BROWSING THIS SITE, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS SITE. IN NO EVENT WILL CBDPURE, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON OUR SITE. WE ARE NOT RESPONSIBLE FOR YOUR USAGE OF OUR PRODUCTS IF THEY ARE NOT ALLOWED FOR USAGE BY ANY PROFESSIONAL OR AMATEUR SPORTING GOVERNING BODIES, USE AT YOUR OWN RISK IF YOU PARTICIPATE IN ANY ORGANIZATIONAL ACTIVITY THAT BANS THE USE OF SUCH PRODUCTS.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. YOUR ABILITY TO USE OUR SITE IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. IN THE EVENT THAT WE MAY NOT LIMIT OUR LIABILITY IN YOUR JURISDICTION, YOU AGREE OUR TOTAL LIABILITY TO YOU IS NOT MORE THAN $100 U.S. DOLLARS OR THE TOTAL AMOUNT YOU SPENT WHILE USING OUR SITE, PRODUCTS, AND SERVICE WITHIN THE LAST SIX MONTHS, WHICHEVER IS GREATER.

11. Third-Party Websites

We may provide links to third party websites containing reviews, health information, studies, or other content that our customers may be interested in reading. We are not responsible for the content on these third party websites and you use it at your own peril. Please not that any authorization by us to reproduce our own content, trademarks, or trade dress, does not extend to the reproduction of that of a third party website.

12. Indemnification

You agree that if any third party claims against us or damage directly to us occurs as a result of your use of our website, product, or any other good or service provided by us, you will indemnify us for those claims and/or damages, including by paying our reasonably attorneys’ fees and court costs.

13. Choice of Law

In order to keep our business relations with our customers consistent, we had elected a single jurisdiction’s laws to apply to all transactions in the event that our dispute cannot be heard through arbitration. You agree that this Agreement, and any purchases with us, shall be governed solely by the laws applicable to Washington.

14. Force Majeure

You agree not to hold us liable for any disruption of our service or failure to deliver our product for any reason beyond our control, including, but not limited to, acts of God, natural disasters, war, insurrection, terrorism, riots, criminal acts, labor shortages, labor strikes (both lawful and unlawful), postal service or courier service disruption, infrastructure disruption, communication failure, material shortages, or any other circumstance that may be beyond our control.

15. Non-Waiver

Any failure on our part to enforce any provision of this Agreement is our right and shall not constitute a waiver of our right to enforce that or any other provision.

16. Continuity

Should any provision of this Agreement be unlawful, void, or otherwise legally unenforceable, the rest of the Agreement shall remain enforce as though the unenforceable provision had not been a part of this Agreement.

17. California Users

CBDPure is not a California corporation and does not have offices or conduct significant business operations in the State of California. CBDPure provides these notices purely for informational purposes to California residents, and does not waive its right to dispute jurisdiction over it by any California regulatory authority or court.

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about our product must be addressed to our proper corporate agent for notice and sent via email to: support@CBDPure.com. Pursuant to California Civil Code Section 17200 and Section 17500, CBDPureexpressly requires that pre-litigation notice of any UCL claim be served on the proper Corporate Agent prior to the filing of any Summons or Complaint.

Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

18. Domestic Law Compliance

The Cannabidiol (CBD) in CBDPure is a natural constituent of industrial hemp plant material grown in the United States of America. All CBD products distributed or promoted by this website comply with federal law as promulgated in the 2014 US Farm Bill (7 USC § 7606) and the laws of the State of Washington. CBDPure does not sell or distribute any products that are in violation of the United States Controlled Substances Act (US CSA). This website makes no warranties or claims regarding the application of the laws of foreign jurisdictions.

19. Amendments

We may amend this Agreement from time to time as we see fit. Through your continued use of our website or ordering of our product, you agree to any changes that we may make. It is your responsibility to check our “Terms of Service” page each time that you visit our website to ensure that you are up to date with any amendments.

 

 

 

 

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