Terms & Conditions of Use
TERMS & CONDITIONS OF USE: OVERVIEW
CHANGES TO TERMS AND CONDITIONS OF USE
We reserve the right to and may in fact revise these Terms and Conditions of Use at any time without notice to you. Therefore, you should check this page periodically to review the Terms and Conditions of Use. By continuing to use of this website after the Terms and Conditions of Use are changed, updated or modified, you agree to be bound by and assent to any new, changed or modified Terms and Conditions of Use. You can review the most current version of the Terms and Conditions of Use at any time on this website page. It is your responsibility to check this website page periodically for changes.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION: THIS WEBSITE DOES NOT PROVIDE MEDICAL INFORMATION; THIRD-PARTY LINKS
The contents of this website, such as text, graphics, images, sound recordings, video recordings, or other websites which can be accessed from our website (e.g., hyperlinked) images, information obtained from suppliers for CBDaily, LLC and/or other content contained on this website (hereafter “Content”) are for informational purposes only. We are not responsible if information made available on or through this website is not accurate, complete or current. The Content on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more current sources of information as to such Content. Any reliance on the Content on this website is at your own risk. While we reserve the right to modify the Content of this website at any time, we have no obligation to update any Content on our website.
The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition and/or the use of a product relative to any diagnosis, medical condition, disorder, sickness or condition, and/or treatment of any kind. Never disregard professional medical advice or delay in seeking it because of any Content. If you think you may have a medical emergency, call your doctor or 911 immediately. We do not recommend or endorse any specific tests, procedures, opinions or other information of any kind that may be mentioned on this website and reliance on any such information is solely at your own risk.
Certain content, products and services available via our website may include materials, information, services and/or products from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant the accuracy and/or quality of materials, information, services and/or products supported and/or provided by any third-party websites. Likewise, we disclaim any liability or responsibility for any third-party materials, information, services and/or products. While we are always willing to assist our customers, in any reasonable way, complaints, claims, concerns, or questions regarding third-party materials, information, services and/or products should be directed to the third-party.
GENERAL CONDITIONS AS TO PRODUCTS/SERVICES AVAILABLE FOR PURCHASE; ONLINE STORE TERMS AND CONDITIONS OF USE
By agreeing to these Terms and Conditions of Use, you represent that you are at least the age of majority in your state or province of residence. You may not use any materials, information, services and/or products accessible and/or available for purchase on this website (hereafter “Products”) for any illegal or unauthorized purpose nor may you, in the use of our Products, violate any laws in your jurisdiction (including but not limited to intellectual property laws). We reserve the right to refuse the sale or interaction as to the sale of any Product to anyone for any reason at any time with or without notice.
Prices for our Products are subject to change with or without notice. We reserve the right at any time to modify or discontinue any Products accessible and/or available for purchase on this website (or any part or content thereof) with or without notice to you. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any Products accessible and/or available for purchase on this website.
Certain Products may be available exclusively online through this website. These Products may have limited quantities and are subject to return or exchange only according to the refund guidelines in our Terms of Sale Policy. We have made every effort to display as accurately as possible the colors and images of our Products on this website. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that are accessible and/or available for purchase on this website. All descriptions of Products are subject to change at any time with or without notice, in our sole and absolute discretion. We reserve the right to discontinue any Products at any time. Any offer for any Products made on this site is void where prohibited. Due to the nature of our Products, we do not warrant or represent that the quality of any Products will meet your expectations.
We reserve the right to refuse any order you place with us for Products. We may, in our sole and absolute discretion, limit or cancel quantities of Products purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order for Products, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole and absolute judgment, appear to be placed improperly. You agree to provide current, complete and accurate purchase and account information for all purchases made through our on-line store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed, in the event such is required and is consistent with applicable law.
COPYRIGHT, TRADEMARK ANDUSE OF INTELLECTUAL PROPRETY (OTHER PROHIBITED USES OF THIS WEBSITE)
The Content of this website are protected by copyright under both United States and foreign laws. Unauthorized use of the Content violates copyright, trademark, and other laws. The Content and all copyrighted material may not be modified, copied, distributed, downloaded, displayed, emailed, transmitted or sold in any form or by any means, in whole or in part, without the prior written consent of CBDaily, LLC. Use of the Content on any other website or in a networked environment or otherwise is strictly prohibited.
You are also prohibited from using this website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, state or municipal regulations, rules, laws or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability or any other prohibited characteristic; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this website, other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the this website, other websites, or the Internet.
You agree not to use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties in any way, including as to any Visitor Comments (as defined below).
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS; SURVEY RESULTS
If, at our request, or otherwise, you provide us with specific submissions (e.g., survey responses, contest entries, etc.) or creative ideas, suggestions, proposals, plans, or other materials, in any matter (collectively “Visitor Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Visitor Comments. As to Visitor Comments, we are and shall not be under any obligation to: (1) maintain such Comments in confidence; (2) to pay compensation for any such Comments; or (3) to respond to any such Comments. We may, but have no obligation to, monitor, edit or remove Visitor Comments that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or other rights, or these Terms and Conditions of Use.
You agree that any Visitor Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that any Visitor Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of this website or any related website. You are solely responsible for any Visitor Comments and their accuracy. We take no responsibility and assume no liability for any Visitor Comments posted by you or any third-party.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our website and/or Content will be uninterrupted, timely, secure or error-free; nor accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, with or without notice to you. You expressly agree that your use of, or inability to use, this website and it Content and/or the purchase and/or placements of one or more orders for Products is at your sole risk. Any Products purchased by you and/or delivered to you by us are provided “as is” and “as available,” without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall CBDaily, LLC (and its affiliates, members, managers, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees) be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use this website in anyway, including without limitation the purchase of, receipt of or placement of orders for Products, or for any other claim related in any way to our website, Content and/or Products. To the extent the laws of another state or jurisdiction apply to this agreement and do not allow for the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to defend, indemnify and hold harmless CBDaily, LLC, and its affiliates, members, managers, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any cause of action, claims, demands, liabilities and/or settlements, of whatever nature, including reasonable legal (e.g., attorney’s, paralegal, etc.) and accounting fees, resulting from, or alleged to result from, and/or made by any third-party due to or arising out of, your breach or alleged breach, of these Terms and Conditions of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms and Conditions of Use and hence this agreement for all purposes. These Terms and Conditions of Use are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions of Use at any time by notifying us that you no longer wish to use our website, order and/or purchase Products and/or notify us as provided herein that you have elected to permanently cease using our website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions of Use, we may also terminate these Terms and Conditions of Use and hence this agreement at any time without notice and you will remain liable for all amounts due and other obligations accruing up to and including the date of termination. We also reserve the right to deny you access to our website, Content and/or Products (or any part thereof) in connection with any termination effectuated pursuant to this part of the Terms and Conditions of Use.
ENTIRE AGREEMENT; WAIVER; SEVERABILITY
These Terms and Conditions of Use and any policies or operating rules posted by us on this website constitute the entire agreement and understanding between you and us and govern your use of this website, including without limitation the use, access or reliance upon Content and/or any order for or purchase of Products, superseding any prior or contemporaneous agreements, communications and/or proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions of Use). The failure of us to exercise or enforce any right or provision of these Terms and Conditions of Use shall not constitute a waiver of such right or provision.
In the event that any provision of these Terms and Conditions of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions of Use, and such determination shall not affect the validity and enforceability of any other remaining provisions of these Terms and Conditions of Use.
GOVERNING LAW; CHOICE OF FORUM
These Terms and Conditions of Use and any separate agreements whereby we provide you access to Products and/or Content shall be governed by and construed in accordance with the laws of Illinois, without regard to choice of law provisions. CBDaily, LLC is located and does business in Cook County, Illinois, and any order for Products placed and/or Content accessed occurs in Cook County, Illinois, such that visitors, who choose to visit this website from other jurisdictions do so on their own initiative, but do so in Cook County, Illinois, and further, and thereby, agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this website (including but not limited to the purchase of Products) and/or between you and us shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts for Cook County, New Jersey. You and we consent to the exclusive personal jurisdiction of such courts. Any cause of action or claim you may have with respect to this website (including but not limited to the purchase of Products) must be commenced within one (1) year after the claim or cause of action arises, as determined by Illinois law. This provisions shortens the period in which you may bring a claim or cause of action against CBDaily, LLC
CONTACT INFORMATION; NOTICES
Any questions about and/or notices relating to these Terms and Conditions of Use must be communicated by email to: firstname.lastname@example.org