Terms & Conditions

Effective Date: 9/25/19
Last Updated: 9/25/19
IMPORTANT! THESE TERMS OF SERVICE GOVERN YOUR USE OF
THIS WEBSITE https://www.HempISOCBD.com (the “SITE” or “site”),,
WHICH IS PROVIDED BY HempISO LTD (Any dispute will be handled in the EU) (, ITS AFFILIATES OR
AGENTS (referred to as “HempISO,” “COMPANY,” “US,” “WE,” or
“OUR” below), AND APPLY TO ALL USERS VISING THE SITE BY
ACCESS OR USING THE SITE IN ANY WAY, INCLUDING THE
SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE SITE
(EACH A “SERVICE”). BY ACCESSING THIS SITE, COMPLETING THE
REGISTRATION PROCESS, AND/OR BROWSING THE SITE, AND/ OR
PURCHASING PRODUCTS FROM THE SITE, YOU ARE INDICATING
YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF
SERVICE. YOU REPRESENT THAT (1) YOU HAVE READ,
UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF
SERVICE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING
CONTRACT WITH US, AND (3) YOU HAVE THE AUTHORITY TO
ENTER INTO THE TERMS OF SERVICE PERSONALLY OR ON BEHALF
OF COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT
COMPANY TO THE TERMS OF SERVICE. THE TERM “YOU” REFERS TO
THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED
AS THE USER WHEN YOU’RE REGISTERED ON THE SITE. IF YOU DO
NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE, YOU MAY NOT
ACCESS OR USE THIS SITE OR THE SERVICES.
IF YOU SUBSCRIBE TO THE SERVICES FOR A TERM (THE “INITIAL
TERM”), THEN THE TERMS OF SERVICE WILL BE AUTOMATICALLY
RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS
THE INITIAL TERM AT COMPANY’S THEN-CURRENT FEE FOR SUCH
SERVICES UNLESS YOU OPT OUT OF THE AUTO-RENEWAL /
DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH
SUBSCRIPTION SUBSECTION BELOW.
PLEASE BE AWARE THAT THE DISPUTE RESOLUTION SECTION,
FOUND AT THE END OF THIS AGREEMENT, CONTAINS PROVISIONS
GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH
OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY
CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE
EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT
CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH
LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE
SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU
OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE
PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON
AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN
ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND
(2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF
LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE
SITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE
LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE
FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY
PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF
ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION
ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS
EXPRESSLY EXCLUDED FROM THIS AGREEMENT.
Your use of, and participation in, certain Services may be subject to
additional terms (“Supplemental Terms”) and such Supplemental
Terms will either be listed in the Terms of Service or will be presented
to you for your acceptance when you sign up to use the supplemental
Service. If the Terms of Service are inconsistent with the
Supplemental Terms, the Supplemental Terms shall control with
respect to such Service. The Terms of Service and any applicable
Supplemental Terms are referred to herein as the “Terms of Service.”
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY
COMPANY IN ITS SOLE DISCRETION AT ANY TIME. When changes
are made, Company will make a new copy of the Terms of Service
available at the site and any new Supplemental Terms will be made
available from within, or through, the affected Service on the site. We
will also update the “Last Updated” date at the top of the Terms of
Service. If we make any material changes, and you have registered
with us to create an Account (as defined in the Registration section
below) we will also send an e-mail to you at the last e-mail address you
provided to us pursuant to the Terms. Any changes to the Terms will
be effective immediately for new users of the site and/ or Services and
will be effective thirty (30) days after posting notice of such changes
on the site for existing users, provided that any material changes
shall be effective for users who have an Account with us upon the
earlier of thirty (30) days after posting notice of such changes on the
site or thirty (30) days after dispatch of an e-mail notice of such
changes to Registered Users (defined in the Registration section
below). We may require you to provide consent to the updated Terms
in a specified manner before further use of the site and/or the
Services is permitted. If you do not agree to any change(s) after
receiving a notice of such change(s), you shall stop using the site and/
or the Services. Otherwise, your continued use of the site and/or
Services constitutes your acceptance of such change(s). PLEASE
REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.
Product Returns
Please see our return policy for details about returns and refunds.
Privacy Policy
Please see our privacy policy for additional terms that govern your
use of this web site.
Access To This Site
THIS SITE IS INTENDED FOR USERS EIGHTEEN (18) YEARS OF AGE OR
OLDER. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, DO NOT USE OR
ACCESS THIS SITE FOR ANY REASON AND PLEASE EXIT THIS SITE
IMMEDIATELY. ASK YOUR PARENT OR GUARDIAN TO ACCESS THIS
SITE FOR YOU.
YOU MUST BE OF LEGAL AGE REQUIRED BY THE STATE OR
PROVINCE YOU ARE IN TO PURCHASE OUR PRODUCTS. IT IS YOUR
RESPONSIBILITY TO KNOW WHETHER YOU ARE LEGALLY ABLE TO
PURCHASE OUR PRODUCTS.
To access this site or some of the resources it has to offer, you may be
asked to provide certain registration details or other information. It
is a condition of your use of this site that all the information you
provide on this site will be your correct, current, and complete
information. If our Company believes the information you provide is
not correct, current, or complete or is an impersonation of someone
else, we have the right to refuse you access to this site or any of its
resources, to terminate or suspend your access at any time, and
delete any comments you have posted, all without prior notice.
Use of the Services and Company Properties. The Site, the Services,
the Content (defined in the License to Use the Site section), and the
information and content available on the site and in the Services (as
these terms are defined herein) (collectively, the “Company
Properties”) are protected by copyright laws throughout the world.
Subject to the Terms of Service, Company grants you a limited license
to reproduce portions of Company Properties for the sole purpose of
using the Services for your personal or internal business purposes.
Registration.
Registering Your Account. In order to access certain features of
Company Properties you may be required to become a Registered
User. For purposes of the Terms of Service, a “Registered User” is a
user who has registered an account on the site (“Account”).
Security. Any passwords used for the Account for this site are for
individual use only. You will be responsible for the security of your
password (if any) and you agree to accept responsibility for all
activities that occur under your account or password. We have the
right to monitor your password and, at our discretion, require you to
change it. If you use a password that we consider insecure, we will
have the right to require the password to be changed and/or
terminate your Account. You are prohibited from using any services
or facilities provided in connection with this site to compromise
security or tamper with system resources and/or accounts. The use
or distribution of tools designed for compromising security (e.g.,
password guessing programs, cracking tools or network probing
tools) is strictly prohibited. If you become involved in any violation of
system security, we have the right to release your details to system
administrators at other sites in order to assist them in resolving
security incidents. We reserve the right to investigate suspected
violations of these Terms of Service, and we reserve the right to fully
cooperate with any law enforcement authorities or court order
requesting or directing us to disclose the identity of anyone posting
any Submission that is believed to violate these Terms of Service.
Registration Data. In registering an account on the site, you agree to
(1) provide true, accurate, current and complete information about
yourself as prompted by the registration form (the “Registration
Data”); and (2) maintain and promptly update the Registration Data
to keep it true, accurate, current and complete. You represent that
you are (1) at least eighteen (18) years old; (2) of legal age to form a
binding contract; and (3) not a person barred from using Company
Properties under the laws of the United States, your place of
residence or any other applicable jurisdiction. You are responsible for
all activities that occur under your Account. You agree that you shall
monitor your Account to restrict use by minors, and you will accept
full responsibility for any unauthorized use of Company Properties by
minors. You may not share your Account or password with anyone,
and you agree to (1) notify Company immediately of any unauthorized
use of your password or any other breach of security; and (2) exit
from your Account at the end of each session. If you provide any
information that is untrue, inaccurate, not current or incomplete, or
Company has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, Company has the right
to suspend or terminate your Account and refuse any and all current
or future use of Company Properties (or any portion thereof). You
agree not to create an Account using a false identity or information, or
on behalf of someone other than yourself.
You agree that you shall not have more than one Account. Company
reserves the right to remove or reclaim any usernames at any time
and for any reason, including but not limited to, claims by a third
party that a username violates the third party’s rights. You agree not
to create an Account or use Company Properties if you have been
previously removed by Company, or if you have been previously
banned from any of Company Properties.
Your Account. Notwithstanding anything to the contrary herein, you
acknowledge and agree that you shall have no ownership or other
property interest in your Account, and you further acknowledge and
agree that all rights in and to your Account are and shall forever be
owned by and inure to the benefit of Company.
Fees and Payment Terms.
Payment. You agree to pay all fees or charges to your Account in
accordance with the fees, charges and billing terms in effect at the
time a fee or charge is due and payable. You must provide Company
with a valid credit card (Visa, MasterCard, Discover or any other
issuer accepted by us). By providing Company with your credit card
number and associated payment information, you agree that
Company, and its third-party service provides for payment services,
Base Commerce as the third party service providers for payment
services are authorized to immediately invoice your Account for all
fees and charges due and payable to Company hereunder and that no
additional notice or consent is required. You agree to immediately
notify Company of any change in your billing address or the credit
card used for payment hereunder. Company reserves the right at any
time to change its prices and billing methods, either immediately
upon posting on Company Properties or by e-mail delivery to you.
Taxes. Company’s fees are net of any applicable Sales Tax. If any
Services, or payments for any Services, under the Terms of Service
are subject to Sales Tax in any jurisdiction and you have not remitted
the applicable Sales Tax to Company, you will be responsible for the
payment of such Sales Tax and any related penalties or interest to the
relevant tax authority, and you will indemnify Company for any
liability or expense we may incur in connection with such Sales
Taxes. Upon our request, you will provide us with official receipts
issued by the appropriate taxing authority, or other such evidence
that you have paid all applicable taxes. For purposes of this section,
“Sales Tax” shall mean any sales or use tax, and any other tax
measured by sales proceeds, that Company is permitted to pass to its
customers, that is the functional equivalent of a sales tax where the
applicable taxing jurisdiction does not otherwise impose a sales or
use tax.
Withholding Taxes. You agree to make all payments of fees to
Company free and clear of, and without reduction for, any
withholding taxes. Any such taxes imposed on payments of fees to
Company will be your sole responsibility, and you will provide
Company with official receipts issued by the appropriate taxing
authority, or such other evidence as we may reasonably request, to
establish that such taxes have been paid.
Third Party Provider. The Company uses Base Commerce as the third
party service providers for payment services (e.g., card acceptance,
merchant settlement, and related services). By buying or selling on
the Company Properties, you agree to be bound by Base Commerce’s
Privacy Policy and hereby consent and authorize the Company and
Base Commerce to share any information and payment instructions
you provide with Third Party Service Provider(s) to the minimum
extent required to complete your transactions.
Payment
Charges to your credit card will appear as “ HmpISO442037465597″
Shipping and Delivery
Our shipping and delivery policy can be found @ http://
www.hempisocbd.com/shipping&delivery
License to Use the Site
Subject to your compliance with these Terms of Service, we or our
content providers (as applicable) grant you a limited, non-exclusive,
non-transferable, non-sublicensable license to access and make
personal and non-commercial use of the materials and content
(collectively, the “Content”) on this Site. This license does not allow
you to resell or make any commercial use of the Site, its Contents or
our products sold through the Site; make any derivative use of any of
our Content; download, copy, or other use any account information
for the benefit of any third party; or use any data mining, robots, or
similar data gathering and/or extraction tools. All rights not
expressly granted to you in these Terms of Service are reserved and
retained by us or our licensors, suppliers, publishers, rights-holders,
or other content providers. No Content on, or product sold through,
this Site may be reproduced, duplicated, copied, sold, resold, visited,
or otherwise exploited for any commercial purpose without our prior
express written consent. You may not misuse our products or
Content. You may use our Site only as permitted by law and these
Terms of Service. The licenses we have granted you terminate if you
do not comply with these Terms of Service.
Restrictions On Use
You may use this site only for the purposes expressly permitted by
this site. You may not use this site for any other purpose, including
any commercial purpose, without our express prior written consent.
For example, you may not (and may not authorize any other party to)
(i) co-brand this site, (ii) frame or use framing techniques to enclose
any of our or our Content owner’s trademarks, logos, or other
proprietary information (including images, text, page layout, or
form), (iii) hyperlink to this site, or (iv) use any meta tags or any
other “hidden text” using our name or trademarks without the
express prior written permission of one of our authorized
representatives. For purposes of these Terms of Service, “cobranding”
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 associates our
product with someone other than us or that such other party has the
right to display, publish, or distribute this Site or Content accessible
within this site. You agree to cooperate with our Company in causing
any unauthorized co-branding, framing or hyperlinking to cease
immediately.
No material from this site may be modified, translated, decompiled,
disassembled, broadcast, licensed, sublicensed, transferred, sold,
mirrored, framed, exploited, rented, leased, copied, reproduced,
republished, uploaded, posted, transmitted, or distributed in any way.
Proprietary Information
The Content accessible from this site, and any other World Wide Web
site owned, operated, licensed, or controlled by us is our proprietary
information or the proprietary information of the party that provided
the Content to us, and we or the party that provided the Content to us
retains all right, title, and interest in the Content. Accordingly, the
Content may not be copied, distributed, republished, uploaded,
posted, displayed or transmitted in any way without our prior written
consent, or unless authorized in writing elsewhere on our site, except
that you may print out a copy of the Content solely for your personal
use. In doing so, you may not remove or alter, or cause to be removed
or altered, any copyright, trademark, trade name, service mark, or
any other proprietary notice or legend appearing on any of the
Content. Modification or use of the Content except as expressly
provided in these Terms of Service violates our intellectual property
rights. You do not obtain title or any rights, including but not limited to
intellectual property rights, to any of the Content as a result of
accessing this site.
Hyperlinks
This site may be hyperlinked to other sites which are not maintained
by, or related to, us. Hyperlinks to such sites are provided as a service
to our users and are not sponsored by or affiliated with this site or
with us. We have not reviewed such sites and are not responsible for
the Content of those sites. Hyperlinks are to be accessed at your own
risk, and we make no representations or warranties about the
Content, completeness or accuracy of these hyperlinks or the sites
hyperlinked to this site. Further, the inclusion of any hyperlink to a
third-party site does not necessarily imply that we endorse that site.
Health Information
Any statements on this site or any materials or products we
distribute or sell have not been evaluated by the Food and Drug
Administration (“FDA”). Neither the products nor the ingredients in
any of the products available on the site have been approved or
endorsed by the FDA or any regulatory agency. The products on the
site are not intended to diagnose, treat, cure or prevent any disease.
The information on this site or other materials we may provide to you
are designed for educational purposes only and are not intended to be
a substitute for informed medical advice or care. This information
should not be used to diagnose or treat any health problems or
illnesses without consulting a doctor. If you are pregnant, nursing,
taking medication, or have a medical condition, we suggest consulting
with a physician before using any of our products.
Submissions
You hereby grant to us and our affiliates a license-free, royalty-free,
perpetual, irrevocable, worldwide, non-exclusive, transferable, fully
sublicensable right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform,
and display all Content, remarks, suggestions, ideas, graphics, or
other information you communicate to us through this site (together,
the “Submission”) throughout the world in any media, and to
incorporate any Submission in other works in any form, media, or
technology now known or later developed. You represent and warrant
that you own or control all of the rights to your Submissions. We will
not be required to treat any Submission as confidential, and may use
any Submission in our business (including, but not limited to, for
products or advertising) without incurring any liability for royalties
or any other compensation of any kind, and we will not incur any
liability as a result of any similarities that may appear in our future
operations. We will treat any personal information that you submit
through this site in accordance with our Privacy Policy as set forth on
this site.
Disclaimer
You understand that we cannot and do not guarantee or warrant that
files available for downloading from the Internet will be free of
viruses, worms, Trojan horses or other code that may manifest
contaminating or destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your
particular requirements for accuracy of data input and output, and
for maintaining a means external to this site for the reconstruction of
any lost data. We do not assume any responsibility or risk for your
use of the Internet. The Content is not necessarily complete and up- todate
and should not be used to replace any written reports,
statements, or notices we have provided. Investors, borrowers, and
other persons should use the Content in the same manner as any
other educational medium and should not rely on the Content to the
exclusion of their own judgment. Information obtained by using this
site is not exhaustive and does not cover all issues, topics, or facts
that may be relevant to your goals.
YOUR USE OF THE COMPANY PROPERTIES IS AT YOUR OWN RISK. TO
THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE
CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT
ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OR
STATUTORY. WE HEREBY DISCLAIM ALL WARRANTIES,
INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
Except for our warranty found on our Site (which is
incorporated herein by reference), we make no warranty, express or
implied, that the Site, Services or any services, products, or
information obtained on or through the site will meet your
requirements or will be uninterrupted, timely, secure, or error free,
that defects will be corrected, or that this site or the server that
makes it available are free of viruses or other harmful components.
We do not warrant or make any representation regarding use, or the
result of use, of the Content in terms of accuracy, reliability, or
otherwise. The Content may include technical inaccuracies or
typographical errors, and we may make changes or improvements at
any time. YOU, AND NOT US, ASSUME THE ENTIRE COST OF ALL
SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS
OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS
CONTENT. WE MAKE NO WARRANTIES THAT YOUR USE OF THE
CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND WE DO
NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ERRORS OR
OMISSIONS IN THE CONTENT. All of the information in this site, whether
historical in nature or forward-looking, speaks only as of the date the
information is posted on this site, and we do not undertake any
obligation to update such information after it is posted or to remove
such information from this site if it is not, or is no longer, accurate or
complete. This section does not affect in any way our return policy or
limited warranty for goods purchased on the site. If for any reason
you are not satisfied with a purchase you make on the site, please
return it in accordance with the terms of our return policy or limited
warranty, as applicable.
We shall be not held liable for any improper or incorrect use of the
information, Services, or products purchased on this site and assume
no responsibility for anyone’s use of the information, Services, or
products purchased on this site. We will not be liable if you or anyone
to whom you provide the products purchased on our site is exposed to
or comes in contact with any item to which you or the other person is
allergic. We shall not be held liable for any direct or indirect damages
caused in any way through the use of information or services on this
site. This includes but is not limited to procurement or substitute
goods or services; loss of use, data, or profits; or business
interruption. This disclaimer of liability applies to any damages or
injury which may be perceived by you, the site user, to be caused by
the information or services on this site, or by using this site.
Limitation of Liability
Disclaimer of Certain Damages.
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL
COMPANY PARTIES BE LIABLE FOR ANY LOSS OF PROFITS,
REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION
WITH COMPANY PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS
OF PRODUCTION OR USE, BUSINESS INTERRUPTION,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER
OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS,
OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS
WITH OTHER USERS OF COMPANY PROPERTIES, ON ANY THEORY OF
LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE
COMPANY PROPERTIES; (2) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO
THROUGH COMPANY PROPERTIES;
(3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON COMPANY PROPERTIES; OR (5) ANY OTHER
MATTER RELATED TO COMPANY PROPERTIES, WHETHER BASED
ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR ANY OTHER LEGAL THEORY. THE FOREGOING
CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A
COMPANY PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED
BY A COMPANY PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY
CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT
MISREPRESENTATION.
Liability Cap.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF US AND OUR
COMPANY PARTIES, TO ANY PARTY (REGARDLESS OF THE FORM
OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED
THE LESSER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY
FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF
WHICH LIABILITY AROSE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT
APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnity
You will indemnify and hold us and our subsidiaries, affiliates,
licensors, content providers, service providers, employees, agents,
officers, directors, and contractors (collectively, the “Indemnified
Parties”) harmless from loss, damages, judgments, awards, costs,
expenses, attorney’s fees and expert witness fees (collectively,
“Losses”) relating to or arising out of: (i) any breach of these Terms of
Service by you, including any use of Content other than as expressly
authorized in these Terms of Service; (ii) your Submissions to, use of
or inability to use, the Company Properties; (iii) your use of the
products purchased on the site; or (iv) violation of any applicable
laws, rules or regulations. You agree that the Indemnified Parties will
have no liability in connection with any such breach or unauthorized
use, and you agree to indemnify any and all resulting loss, damages,
judgments, awards, costs, expenses, attorney’s fees and expert
witness fees of the Indemnified Parties in connection therewith. You
will also indemnify and hold the Indemnified Parties harmless from
and against any claims brought by third parties arising out of your
use of the information accessed from this Site or the purchase of any
products. You agree that the provisions in this section will survive
any termination of your Account, the Terms of Service or your access
to Company Properties.
Ownership; Trademarks and Copyrights
Except with respect to your Submissions and the Submissions of
other users, you agree that Company and its suppliers own all rights,
title and interest in Company Properties. You will not remove, alter or
obscure any copyright, trademark, service mark or other
proprietary rights notices incorporated in or accompanying the Site,
the Services, or Company Properties.
Trademarks, service marks, logos, graphics, images, HTML, codes,
multimedia clips, Java codes, button icons, banners and software
appearing in this site are our property or the property of the party
that provided the trademarks, service marks, logos or copyrighted
material to us. We, and any party that provided any of the foregoing to
us, retain all rights with respect to any of our or their respective
trademarks, service marks, logos and copyrighted material
appearing in this site. Our trademarks and trade dress may not be
used in connection with any product or service that is not ours, in any
manner that is likely to cause confusion among customers, or in any
manner that disparages or discredits us.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your copyrighted work has been used or displayed
on our Site in a way that constitutes copyright infringement, please
report the alleged infringements by completing the following steps
and by notifying our Designated Agent listed below. Pursuant to Title 17,
United States Code, Section 512(c)(2), all notifications of claimed
copyright infringement should be sent ONLY to our Designated Agent.
The Notification of Claimed Infringement must include the following:
(1)An electronic or physical signature of the owner or of the person
authorized to act on behalf of the owner of the copyright interest;
(2) Identification of the copyrighted work (or works) that you claim
has been infringed;
(3) A description and identification of the material that you claim is
infringing, and the location where the original or an authorized
copyof the copyrighted work exists (for example, the URL of the page of
the Site where it is lawfully posted; the name, edition and pages of a
book from which an excerpt was copied, etc.);
(4)A clear description of where the infringing material is located on
our site, including as applicable its URL, so that we can locate the
material;
(5) Your contact information, including your name, address,
telephone number, and e-mail address;
(6) A statement that you have a good-faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
and
(7) 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.
Our agent designated to receive claims of copyright or other
intellectual property infringement may be contacted as follows:
HempISO L.L.C.
Attn: Legal Department
1600 Broadway Suite 1600
Denver, CO 80202
Information You May Not Post, Publish, etc.
You may not post, send, submit, publish, or transmit in connection with
this site any material that:
you do not have the right to post, including proprietary material of any
third party;
advocates illegal activity or discusses an intent to commit an illegal
act;
is vulgar, obscene, pornographic, or indecent;
does not pertain directly to this site;
threatens or abuses others, libels, defames, invades privacy, stalks, is
obscene, pornographic, racist, abusive, harassing, threatening or
offensive;
seeks to exploit or harm any person by exposing them to
inappropriate content, asking for personally identifiable details or
otherwise;
infringes any intellectual property or other right of any entity or
person, including violating anyone’s copyrights or trademarks or
their rights of publicity;
violates any law or may be considered to violate any law;
impersonates or misrepresents your connection to any other entity
or person or otherwise manipulates headers or identifiers to disguise
the origin of the Content; advertises any commercial endeavor (e.g.,
offering for sale products or services) or otherwise engages in any
commercial activity (e.g., conducting raffles or contests, displaying
sponsorship banners, and/or soliciting goods or services) except as
may be specifically authorized on this site;
solicits funds, advertisers or sponsors;
includes programs which 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;
disrupts the normal flow of dialogue, causes a screen to scroll faster
than other users are able to type, or otherwise act in a way which
affects the ability of other people to engage in real time activities via
this site;
includes MP3 format files;
amounts to a ‘pyramid’ or similar scheme;
disobeys any policy or regulations established from time to time
regarding use of this site or any networks connected to this site; or
contains hyperlinks to other sites that contain Content that falls within
the descriptions set forth above.
Although under no obligation to do so, we reserve the right to monitor
use of this site to determine compliance with these Terms of Service,
as well the right to remove or refuse any information for any reason.
Notwithstanding these rights, you remain solely responsible for the
Content of your Submissions. You acknowledge and agree that neither
we nor any third party that provides Content to us will assume or
have any liability for any action or inaction by us or such third party
with respect to any Submission.
U.S. Law Applies
This site is intended for users located in the United States. It is up to
you to determine whether accessing this site and purchasing our
products are legal where you are. You access this site and purchase
our products at your own risk, and you are responsible for
compliance with all applicable laws, rules, regulations and treaties.
Miscellaneous
Dispute Resolution
In the event of any claims, disputes, or other controversies arising
out of, or relating to, these Terms of Service, the use of this site or
information obtained through this site, or any other claims, disputes,
or controversies arising out of or relating to this site, or any other
World Wide Web site owned, operated, licensed, or controlled by us
(the “Dispute” and together the “Disputes”), you agree to resolve any
Dispute by submitting the Dispute to JAMS through its offices located
in Los Angeles, California, or its successor, for mediation. Any party to
the Dispute may commence mediation by providing to ADR Firm and
the other parties a written request for mediation, setting forth the
subject of the Dispute and the relief requested. The parties will
cooperate with ADR Firm and with one another in selecting a
mediator from ADR Firm’s panel of neutrals, and in scheduling the
mediation proceedings promptly, not later than thirty (30) days after
such request for mediation. The parties agree that they will
participate in the mediation in good faith, and that they will share
equally in its costs. All offers, promises, conduct, and statements,
whether oral or written, made in the course of the mediation by any of
the parties, their agents, employees, experts, and attorneys, and by
the mediator or any ADR Firm employees, are confidential,
privileged, and inadmissible for any purpose, including impeachment,
in any arbitration or other proceeding involving the parties, provided
that evidence that is otherwise admissible or discoverable shall not
be rendered inadmissible or non-discoverable as a result of its use in
the mediation.
If the Dispute is not resolved through mediation, then it shall be
submitted to ADR Firm, or its successor, for final and binding
arbitration pursuant to the then-current form of JAMS
Comprehensive Arbitration Rules & Procedures (the “Rules”) before
one arbitrator, selected by the agreement of the parties and, failing
such agreement within thirty (30) days of the Dispute being
submitted for arbitration, by ADR Firm in accordance with the Rules.
All hearings shall be held in Los Angeles, California, USA. If ADR Firm
ceases to exist and has no successor, then the parties shall submit the
Dispute to an established alternative dispute resolution entity in Los
Angeles, California. Any party may initiate arbitration with respect to
the Disputes submitted to mediation by filing a written demand for
arbitration at any time following the initial mediation session or
forty-five (45) days after the date of filing the written request for
mediation, whichever occurs first. The mediation may continue after
the commencement of arbitration if the parties so desire. Unless
otherwise agreed by the parties, any arbitration initiated under this
clause shall be conducted by a single arbitrator. Unless otherwise
agreed by the parties, the mediator shall be disqualified from serving
as arbitrator in the case. The provisions of this clause may be
enforced by any court of competent jurisdiction, and the party
seeking enforcement shall be entitled to an award of all costs, fees,
and expenses, including attorney fees, to be paid by the party against
whom enforcement is ordered.
THE REQUIREMENT TO ARBITRATE MEANS YOU ARE WAIVING
ANY RIGHT TO A TRIAL BY JURY.
No party to any mediation or arbitration under this clause shall be
required to participate in any mediation or arbitration proceeding
that involves more than one adverse party. The mediation or
arbitration of any Dispute shall not be joined or consolidated with the
mediation or arbitration of any other Dispute, even if such other
Dispute relates to, arises out of or raises similar factual or legal
claims.
Failure to insist on strict performance of any of these Terms of
Service will not operate as a waiver of any subsequent default or
failure of performance. No waiver by us of any right under these
Terms of Service will be deemed to be either a waiver of any other
right or provision or a waiver of that same right or provision at any
other time. These Terms of Service will be governed and interpreted
pursuant to the laws of California, United States of America,
notwithstanding any principles of conflicts of law. You specifically
consent to personal jurisdiction in California in connection with any
dispute between you and us arising out of these Terms of Service or
pertaining to the subject matter hereof. The parties to these Terms of
Service each agree that the exclusive venue for any dispute between
the parties arising out of these Terms of Service or pertaining to the
subject matter of these Terms of Service will be in the state and
federal courts in California. To the extent allowed by applicable law,
any claim or cause of action arising from or relating to your access or
use of the site must be brought within two (2) years from the date on
which such claim or action arose or accrued. If any part of these
Terms of Service is unlawful, void or unenforceable, that part will be
deemed severable and will not affect the validity and enforceability of
any remaining provisions. These Terms of Service (including our
privacy policy) constitute the entire agreement among the parties
relating to this subject matter. Notwithstanding the foregoing, any
additional terms and conditions on this site will govern the items to
which they pertain. We may revise these Terms of Service at any time
by updating this posting.
Electronic Communications. The communications between you and
Company use electronic means, whether you visit Company
Properties or send Company e-mails, or whether Company posts
notices on Company Properties or communicates with you via e-mail.
For contractual purposes, you (1) consent to receive communications
from Company in an electronic form; and (2) agree that all terms and
conditions, agreements, notices, disclosures, and other
communications that Company provides to you electronically satisfy
any legal requirement that such communications would satisfy if it
were to be in writing. The foregoing does not affect your statutory
rights.
Release. You hereby release Company Parties and their successors
from claims, demands, any and all losses, damages, rights, and
actions of any kind, including personal injuries, death, and property
damage, that is either directly or indirectly related to or arises from
(i) your use of Company Properties, including but not limited to, any
interactions with or conduct of other users or third-party websites of
any kind arising in connection with or as a result of the Terms of
Service or your use of Company Properties; and (ii) any action taken
by us during or as a result of our investigations and/or from any
actions taken as a consequence of investigations by us or others,
including law enforcement authorities. If you are a California
resident, you hereby waive 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 favor at the time of
executing the release, which, if known by him must have materially
affected his settlement with the debtor. The foregoing release does not
apply to any claims, demands, or any losses, damages, rights and
actions of any kind, including personal injuries, death or property
damage for any unconscionable commercial practice by a Company
Party or for such party’s fraud, deception, false, promise,
misrepresentation or concealment, suppression or omission of any
material fact in connection with the Site or any Services provided
hereunder.
How To Contact Us
If you have questions or concerns about these Terms of Service, the
practices of this site, or if you are interested in reprinting any of the
Content of this site, please contact us at:
HempISOLLC@gmail.com
or
HempISO L.L.C.
1600 Broadway Suite 1600
Denver, CO 80202

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