Terms and Conditions

Welcome to www.shopcbd.com (the "Site"). Please read the following terms and conditions (this "Agreement"), which apply to your use of the Site and all products and services (the "Services") offered on the Site, the mobile versions thereof, and any applications, platforms or technologies offered by ShopCBD.com ("ShopCBD").  The Site is controlled, owned and operated by ShopCBD.  This Agreement is a binding contract between you and ShopCBD.  You shall be deemed to have agreed to the terms of this Agreement by either using the Site simply as a guest through browsing, by registering as a member of the Site, or by purchasing any products on the Site.   If you do not accept these terms and conditions, please do not use the Site. 

 

  1. Terms of Sale. 
  1. You must be at least the age of majority in your state of residence to use the Services or purchase any products on the Site (the "Products"). 
  1. By placing an order through the Servicesyou agree to pay all fees or charges and you authorize ShopCBD to charge the credit card utilized as the payment method to obtain the relevant funds.  You must provide ShopCBD with a valid credit card to place an order. By providing ShopCBD with your credit card number and associated payment information, you agree that ShopCBD and its payment service providers are authorized to immediately charge your credit card for all amounts payable without your further consent.  You represent and warrant that you have the legal right to use the payment method utilized in connection with any such order or other transactions.  You agree that any purchase charge may occur several business days after your transaction(s) has occurred and after the date shown on your transaction receipt(s).  You agree to immediately update any changes to your payment information or billing address. 
  1. All Products are subject to availability, and the Products may have a limited quantity.  ShopCBD reserves the right to impose quantity limits on any order or reject all or any part of an order without prior notice.  Prices for Products are subject to change at any time, but changes will not affect any order you have already placed.  ShopCBD attempts to accurately display the colors and images of the Products. However, there is no guarantee that the colors or images will properly display on your device.  
  1. You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees due with respect any order of Products. ShopCBD collects an estimate of applicable taxes when it determines it has a duty to collect taxes.  ShopCBD will present an estimate of the taxes it will collect at checkout, which may be adjusted to the extent appropriate.   
  1. You agree to pay any shipping and handling charges with respect to your order.  ShopCBD may increase, decrease, add or eliminate shipping and handling charges from time to time but will provide notice of the changes applicable to you before you make your purchase.  Risk of loss or damage to a product passes to you upon delivery of the Product to the carrier. ShopCBD ships only to the United States and only accepts orders made within the United States. ShopCBD processes orders in the order they are received. ShopCBD aims to ship Products within two business days after the date the order is received, including all Products that are drop shipped by third-party vendors. However, during peak timessuch as holidays, shipments may be delayed.   
  1. ShopCBD verifies the quality of the Productsthat are provided by its vendors. However, due to the nature of the Products, there are limitations as to what is returnable. ShopCBD reviews requests for returns that are submitted within 30 days after the order on a case-by-case basis. 
  1. In the event of an error with an orderShopCBD reserves the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged. 
  1. The Products are manufactured by other companies.  The Product manufacturer may offer its own warranty, but ShopCBD does not offer a warranty on the Products. That means they are sold by ShopCBD “as is” and “with all faults.”  For any Product sold via the Services, you agree that your remedy is solely with the product manufacturer and not ShopCBD.  
  1. Limited License.  
  1. The Services and all other materials provided on the Site including information, text, graphics, documents, product descriptions and images, logos, trademarks, sounds, images, multimedia content, audiovisual content or any other materials you may see or read on the Site and all related software code (collectively, the "Materials") are provided either by ShopCBD or by its respective third party licensors or agents ("Third Party Providers") and are the property or copyrighted work of ShopCBD and/or its respective Third Party Providers.  All Rights Reserved.  Third Party Providers are intended third party beneficiaries of this Agreement and may enforce the terms of this Agreement against you. 
  1. Subject to the terms and conditions herein, ShopCBD hereby grants you a limited, revocable, personal, non-sublicenseable, non-transferable, non-exclusive license to access and use the Site, the Services and the Materials for your limited and personal, non-commercial use.  You agree not to: (a) modify or alter any part of the Site or the Materials, (b) sell or resell any aspect of the Services or otherwise use the Services for any commercial purpose, (c) use the Site or the Services for any purpose other than for their intended purposes, (d) attempt to gain unauthorized access to the Site, other members' accounts or account information, or other computer systems, servers or networks connected to this Site or any portion thereof, (e) upload commercial content on this Site or use this Site to solicit others to join or become members of any other commercial online service or other organization, (f) upload, post, e-mail or otherwise transmit any data to the Site that (i) is unlawful, harmful, threatening, abusive, harassing, spamming, intimidating, predatory, stalking, tortious, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, (ii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, (iii) you do not have a right to transmit under any law or under contractual or fiduciary relationships, or (iv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, (g) use this Site to harm minors in any way, (h) impersonate any person or entity, including a ShopCBD'representative, or otherwise misrepresent your affiliation with a person or entity, (i) interfere with or disrupt this Site or servers or networks connected to this Site, or disobey the requirements, procedures, policies or regulations of networks connected to this Site, (j) collect or copy any product listings or products from this Site, (k) intentionally or unintentionally violate any applicable local, state, national or international law, (l) provide inaccurate, incomplete, outdated or misleading registration information, (m) use automated means, including spiders, robots, crawlers, data mining tools, or similar data gathering methods to download data from this Site or otherwise access this Site or the Services, or (n) reverse engineer any aspect othe Services.  You further agree to comply with all applicable laws, rules and regulations governing your use of the Site and the Services. None of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transferred, assigned or transmitted in any form or by any means, including, electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of ShopCBD or the appropriate Third Party Provider.  Except where expressly provided otherwise by ShopCBD, nothing on the Site shall be construed to confer any license to any of ShopCBD's or any Third Party Provider's intellectual property rights, whether by estoppel, implication or otherwise.  ShopCBD reserves the right in its sole and absolute discretion to terminate your right to use the Site or the Services at any time.    
  1. Opening Member Account; Login and Password. 
  1. To open a member account, you must complete the registration process by providing ShopCBD with current, complete and accurate information as prompted by your account profile.  In registering for the member account, you agree to submit accurate, current and complete information, and to promptly update such information.  Should ShopCBD suspect that such information is untrue, inaccurate, not current or incomplete, ShopCBD has the right to suspend or terminate your access to the Site.  Your user account cannot be shared or used by anyone other than you.  By opening a user account, you are confirming that you are at least age of majority to buy and use the Products in your state. 
  1. Upon registration, you will receive a user name and personal password.  You will be responsible for keeping your user name and password confidential.  You will notify us immediately upon learning of any unauthorized use of your user name and password.  ShopCBD cannot and will not protect you from the unauthorized use of your user name and password.  You will be responsible for all activities and charges incurred through the use of your user name and password, and any claims, liabilities, damages, losses and costs (including reasonable attorneys' fees) resulting from the unauthorized use of your user name and password, except for unauthorized use of your user name and password directly resulting from the gross negligence or willful misconduct of ShopCBD.  This Agreement is personal to you, and you shall not assign your rights to anyone.             
  1. Third Party Sites and Links. 
  1. The Site may contain links to web sites controlled by parties other than ShopCBD.  ShopCBD is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites or any transactions completed through such web sites.  ShopCBD is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ShopCBD of the linked web site, notwithstanding the inclusion on such web site of the trademarks of ShopCBD or its Third Party Providers.  It is your responsibility to take precautions to ensure that whatever materials you select for your use are sufficient for your purposes and are free of viruses or other items of a destructive or invasive nature.   
  1. Materials provided by Third Party Providers on the Site have not been independently reviewed, tested, certified, or authenticated in whole or in part by ShopCBD.  ShopCBD does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by ShopCBD.  Any correspondence with, purchase of goods or services from, or participation in third party promotions of such Third Party Providers is solely between you and the applicable Third Party Provider.   
  1. You may link to our home page located at www.shopcbd.com, provided that any such link does not imply any affiliation, endorsement, or sponsorship of your web site by ShopCBD.  You may not frame or otherwise incorporate into any other web site any of the Materials.   
  1. Privacy Policy.  ShopCBD respects the privacy of its users.  Please visit our privacy policy.   
  1. Feedback and User Content.  ShopCBD welcomes your feedback regarding the Site and the Services.  However, any comments, product reviews, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to ShopCBD shall be and remain the exclusive property of ShopCBD.  Your submission of any such Comments shall constitute an assignment to ShopCBD of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments.  ShopCBD will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. 

For this reason, ShopCBD asks that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. 

  1.     Disclaimer of Warranties.  YOU AGREE THAT YOUR USE OF THE SITE AND THE SERVICES SHALL BE AT YOUR OWN RISK.  SHOPCBD MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY OF THE PRODUCTS BEING SOLD ON THE SITE. OTHER THAN PRODUCT WARRANTIES PROVIDED DIRECTLY BY A MANUFACTURER TO YOUTHE PRODUCTS, SITE, THE SERVICES AND THE MATERIALS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS.  WITH REGARD TO THE SERVICES AND THE SITE, SHOPCBD MAKES NO WARRANTY REGARDING YOUR USE OR THE PERFORMANCE OF THE SITE AND THE SERVICES.  SHOPCBD HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.  WHILE SHOPCBD ATTEMPTS TO MAKE YOUR ACCESS TO THE SITE SAFE, SHOPCBD SHALL HAVE NO LIABILITY FOR ANY VIRUSES RELATED TO THE MATERIALS OR THE SITE.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SHOPCBD DOES NOT WARRANT THAT (A) THE OPERATION OR USE OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR (B) ANY PROGRAM ERRORS WILL BE CORRECTED.  YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE MATERIALS ARE ACCURATE OR SUFFICIENT FOR YOUR PURPOSES.  SHOPCBD AND THE THIRD PARTY PROVIDERS SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO THE SITE AND/OR USE OF THE MATERIALS.  THE SITE IS CONTROLLED AND OFFERED BY SHOPCBD FROM ITS FACILITIES IN [CALIFORNIA].  THOSE WHO ACCESS OR USE THE SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN OPTION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.            
  1. Limitation of Liability.  SHOPCBD AND THE THIRD PARTY PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING OR ACCESSING THE SITE, THE SERVICES, THE PRODUCTS OR THE MATERIALS, AS WELL AS FOR ANY DAMAGES SUFFERED AS A RESULT OF THE INABILITY TO USE THE SITE, THE SERVICES, THE PRODUCTS OR THE MATERIALS.  IN NO EVENT SHALL SHOPCBD OR THIRD PARTY PROVIDERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, THE SERVICES, THE PRODUCTS OR THE MATERIALS MADE AVAILABLE FROM THE SITE, EVEN IF SHOPCBD HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  YOU ACKNOWLEDGE AND AGREE THAT SHOPCBD SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.  AS A USER OF THE SITE, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR THE SERVICES IS TO STOP USING THE SITE AND THE SERVICES.  THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED IN THE APPLICABLE JURISDICTION.        
  1. Indemnity.  You hereby agree to defend, indemnify and hold ShopCBD and ShopCBD's parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, service providers and employees and the Third Party Providers (the "Indemnified Parties") harmless from, and you covenant not to sue the Indemnified Parties for, any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, without limitation, attorneys' fees) arising from or related to (a) your negligence, error, omission or willful misconduct, (b) your breach of any terms of this Agreement, or (c) your use of the Site, the Services, the Products or the Materials.   
  1. Additional Terms and Modifications.  ShopCBD and the Third Party Providers may make improvements and/or changes to the Site and the Services at any time without notice.  ShopCBD may make changes to this Agreement or other policies relating to the usage of the Site by posting an updated version of this Agreement or the other policies on the Site.  You are responsible for regularly reviewing this Agreement and the policies.  Your continued use of the Site after any such changes constitutes your consent to such changes.  
  1. FDA Disclaimer. The Products are not for use by or sale to persons under the age of 18. The statements made regarding the Products have not been evaluated by the Food and Drug Administration ("FDA"). The efficacy of the Products has not been confirmed by FDA-approved research. The Products are not intended to diagnose, treat, cure or prevent any disease. All information presented here is not meant as a substitute for or alternative to information from healthcare practitioners. Please consult your healthcare professional about potential interactions or other possible complications before using any Product. The Products should be used only as directed on the label and should not be used if you are pregnant or nursing.   
  1. General Terms.  The Site may include inaccuracies or typographical errors. The section headings are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of this Agreement. As used in this Agreement, the word "including" means "including but not limited to." No joint venture, partnership, employment or agency relationship exists between you and ShopCBD as result of this Agreement or through the use of the Site. No alteration, amendment, or modification of any of the provisions of this Agreement shall be binding unless made in writing with express reference to this Agreement, and signed by a duly authorized representative of each party. The failure of ShopCBD to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ShopCBD in writing. If any of the provisions of this Agreement is held by a court of competent jurisdiction to be unenforceable, such provision shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and remaining provisions will remain in full force and effect. ShopCBD shall not be liable for any failure to fulfill its obligations hereunder due to causes beyond its reasonable control, including acts or omissions of government or military authority, acts of God, shortages of materials, transportation delays, earthquakes, fires, floods, labor disturbances, riots, or war. This Site is intended for users located in the United States. This Agreement will be governed by California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction.  You agree that the Site shall be deemed solely based in California, and the Site shall be deemed a passive web site that does not give rise to personal jurisdiction over ShopCBD in jurisdictions other than California.  Any and all disputes, actions, claims, or causes of action related to or in connection with this Agreement or the Site shall be brought in the federal and state courts located in Los Angeles, California. This Agreement represents the entire understanding relating to the use of the Site and prevails over any prior or contemporaneous, conflicting or additional communications, including statements on the Site.  ShopCBD has the right to assign or transfer this Agreement to a third party which acquires substantially all of the assets or equity of ShopCBD connected with the Site. You may not assign or otherwise transfer in whole or in part or in any manner any rights, obligations, or any interest in or under this Agreement without ShopCBD's prior written consent and any attempted assignment will be void. A merger or other acquisition by a third party will be treated as an assignment.  YOU AND SHOPCBD AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, IT BEING THE EXPRESS INTENT OF THE PARTIES TO LIMIT THE TIME PERIOD DURING WHICH A PARTY MAY BRING A CLAIM.  OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. 
  1. Intellectual Property Notices.  You hereby acknowledge the following proprietary notices and legends: Elements of the Site are protected by copyright, trademark and other intellectual and industrial property laws and may not be copied or imitated in whole or in part except as provided in this Agreement.  No logo, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by ShopCBD.  SHOPCBD, the SHOPCBD logo, and/or other ShopCBD brand names for products or services referenced herein or included on the Site are trademarks of ShopCBD and may be registered in certain jurisdictions. 
  1. DMCA PolicyIf you believe that anything contained on the Site infringes upon your copyright(s), you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") to us.  Please include the following information in your notification (see 17 U.S.C. § 512(c)(3) for further details): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that Site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (d) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.   
  1. Questions or Comments.  If you have any questions or comments about this Agreement or the Site, please contact ShopCBD at hello@shopcbd.com.