Last Updated: July 1, 2020
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY WEBSITE
The term “Website” will hereinafter be used to refer to www.cannabiome.com. The term “HempFusion” refers to HempFusion Wellness, Inc., a Canadian corporation, and any of its subsidiaries and affiliates. THESE TERMS OF USE CONSTITUTE A LEGAL AGREEMENT (THE “TERMS OF USE”) BETWEEN YOU AND HEMPFUSION. BY SIGNING UP FOR AN ACCOUNT OR USING ANY WEBSITE, YOU ACCEPT ALL TERMS AND CONDITIONS OF THESE TERMS OF USE. IF YOU DO NOT WISH TO ACCEPT THESE TERMS OF USE, DO NOT USE THE ACCOMPANYING WEBSITE.
HempFusion reserves the right to modify these Terms of Use. HempFusion will post notification of any such changes on the Website in question by changing the “Last Updated” date above and will post any revised Terms of Use in this location and may provide such other notice as HempFusion may elect. Your continued use of Website following notice of changes to these Terms of Use will mean you accept any and all such changes, effective as of the date of such change. HempFusion retains the right to decline service to any user who violates these Terms of Use. In the event of any suspension, discontinuation or termination of these terms of use, the service, Website, or your account, you will not be entitled to any refunds or other compensation for any reason.
1. Limited License to Use the Service.
All use of any Website services that link to these Terms of Use (the “Service”), whether accessed directly or through a third party website (e.g., a social network), and the relationship between HempFusion and you, with respect to your use of the Service, is governed by these Terms of Use. Subject to your compliance with and acceptance of the terms and conditions set forth in these Terms of Use, you may use the Service for your non-commercial purposes. Moreover, you agree to be bound by any application, forum or service specific rules or licenses published within the Service. Any use of the Website not in accordance with the Terms of Use, or other express terms or conditions is expressly prohibited.
By accessing and using the Service, you represent that, if you are a legal resident of the United States, you are at least eighteen (18) years old, and agree to these Terms of Use. You may not use the Service or purchase HempFusion products through the Website (“Product(s)”) if you are under 18 years of age.
You have no interest, monetary or otherwise, in any feature, content or availability of the Website, any data or any terms or conditions of access to or use of the Website.
2. Restrictions and Other Notifications.
2.1 You assume the cost of all access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to Website servers.
2.2 HempFusion has the right to obtain certain information about you and your computer HempFusion without any further notice to you. For more information about HempFusion’s use of information collected from the Website, please review our Privacy Policy. Subject to notice and consent requirements, among others, under applicable privacy laws, HempFusion reserves the right to use all information collected through the Website as set forth in the Privacy Policy and for any legal purpose.
2.3 HempFusion has the right to change, at any time, the (i) Website or the Service, including the termination, change, or addition of any content or feature, (ii) the fees or charges, if any, related to the use of the Service or Website, or (iii) the equipment, hardware or software necessary to use the Service or the Website.
2.4 The Website and Services are offered for use solely in the United States. HempFusion may restrict access or use from other locations.
2.5 HempFusion may from time to time offer certain contests, promotions and/or sweepstakes via the Website. You agree that your participation in such contests, promotions and/or sweepstakes is voluntary and will be subject to the specific official rules and/or terms and conditions provided in connection therewith.
2.6 If you are a health care services provider or medical practitioner:
(i) You agree to procure consent that complies with the Health Insurance Portability and Accountability Act (“HIPAA”) from each individual from which you collect PHI (as that term is defined by HIPAA) before submitting such individual’s PHI to the Website.
(ii) You agree at all times to comply with your obligations as a “Covered Entity” under HIPAA.
(iii) You agree to execute and faithfully perform your obligations under the Business Associate Agreement between you and HempFusion required to create an Account (defined below).
2.7. If you are an individual other than a Covered Entity submitting PHI to the Website:
(i) you agree to submit only true information about yourself and submit only information about yourself to the Website when establishing an Account; and
(ii) Only you will access your Account, and you will not permit anyone else to access the Website using your Account credentials.
3. Establishing an Account.
3.1 You may establish one (1) and only one user account on the Website (the “Account”) pursuant to the terms, conditions and restrictions contained in these Terms of Use. In order to establish an Account, you must be 18 or older. You may not share the Account with anyone. You are liable for all uses of your Account. Apart from any rights granted to you in your PHI by HIPAA, you acknowledge and agree that you will have no ownership or other property interest in the Account, and you further acknowledge and agree that all rights in and to the Account are and will forever be owned by HempFusion. HempFusion reserves the right to terminate an Account without notice if it believes, at its own discretion, that a user is under the age of 18.
3.2 To register for an Account you will be required to provide HempFusion with certain information about yourself, including, but not limited to, your first and last name, e-mail address, username, date of birth, language and time-zone. If you are a Covered Entity, you may also be required to provide the name and prescription information relating to individuals under your care. You may also have the opportunity enter credit card information and billing address if you will be purchasing items through the Service. All of the information you provide to HempFusion or that HempFusion collects from you will be subject to the terms and conditions of these Terms of Use and the Website’s Privacy Policy, which is incorporated herein by reference. As such, you agree to provide HempFusion with accurate, up to date information. In the event that HempFusion learns that you have provided false or misleading registration information, HempFusion reserves the right to immediately terminate and disable or delete the Account. HempFusion is not responsible for any loss or damages arising from your failure to provide accurate information.
3.3 During the registration process, you will be required to select a username and a password that are specific to the Account (collectively referred to hereunder as “Password”). Your Password is to be kept confidential at all times and you are solely responsible for the security of your Password. You may not disclose your Password to anyone, or allow your Password to be used by anyone other than yourself. HempFusion is not responsible for any harm that may result to the Account (including without limitation the deletion or modification of characters in the Account) as a result of a lost or shared password. HempFusion is not responsible in the event that the Account is “hacked,” or if the Account or your computer is damaged by a virus, or for any other issues with your computer or the Account.
3.4 Unless compelled by applicable laws, HempFusion will not transfer Accounts. You may not offer any Account for sale or trade, and any such offer is a violation of these Terms of Use and will result in termination of the Account.
3.5 You agree to immediately notify HempFusion of any unauthorized use of your Password or Account or any other breach of security. You are entirely responsible for maintaining the confidentiality of your account information and for any and all activities (including purchases and charges, as applicable) that are conducted through your account.
3.6 You are entirely liable for all activities conducted through the Account and are responsible for ensuring that any other person who uses your Account is aware of the terms of and complies with these Terms of Use.
4. HempFusion Rules of Conduct.
The purpose of the Website is to provide content, information, access, and services related to HempFusion Products. By registering for an Account, you agree that:
You are solely responsible for the content or information you publish, display or otherwise communicate in any manner (hereinafter, “post”) on the Website.
You will use the Service in a manner consistent with any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You represent that you are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a “Specially Designated National”, or (iii) placed on the Commerce Department’s Table of Deny Orders. Membership in, and use of, the Service is void where prohibited.
You will not provide inaccurate, misleading or false information to HempFusion or to any other user. If information provided to HempFusion, or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify HempFusion of such change.
You understand that HempFusion makes no guarantees, either express or implied, regarding your well-being through the Service.
In addition, you agree not to use the Website to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) harvest, collect, gather, or assemble information or data regarding other users, including e-mail addresses, without their consent; (iii) interfere with, disrupt, or create an undue burden on servers or networks connected to the Website or Services or violate the regulations, policies or procedures of such networks; (iv) attempt to gain unauthorized access to the Website or Services, other computer systems, or networks connected to or used together with the Site or Services, through password mining or other means; or (v) introduce software or automated agents or scripts to the Website or Services so as to produce multiple accounts, generate automated searches, requests, and queries, or to strip, scrape, or mine data from the Website or Services.
You will promptly report to HempFusion any violation of these Terms of Use by other users.
HempFusion reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Service. HempFusion has the right to remove any such material that in its sole opinion violates, or is alleged to violate, any applicable law or either the letter or spirit of these Terms of Use.
5. Ownership.
5.1 All title, ownership rights and intellectual property rights in and to the Service and the Website (including without limitation any user accounts, software, titles, computer code, technology, artwork, trademarks, copyright, moral rights, any related documentation and the Website) are owned by HempFusion or its licensors. The Website is protected by the copyright laws of the United States, international copyright treaties and conventions, and other laws. All rights are reserved. The Service and Website may contain certain licensed materials, and HempFusion’s licensors may protect their rights in the event of any violation of these Terms of Use.
5.2 HempFusion and other trademarks appearing on the Website are trademarks or registered trademarks of HempFusion. You may not use HempFusion trademarks or trade dress in connection with any product or service that is not owned by HempFusion, in any manner that is likely to cause confusion among customers or subscribers, or in any manner that disparages HempFusion or its licensors. Except as expressly provided herein, HempFusion and its licensors do not grant you any express or implied rights, and all rights, title and interest that HempFusion has in and to the HempFusion trademarks, trade dress, or Website and the content therein that are not expressly granted by HempFusion to you are retained by HempFusion.
5.3 If and when you contribute content to the Website (“User-Generated Content”), you expressly grant to HempFusion a non-exclusive, perpetual, worldwide, fully paid, royalty-free, sub-licensable, transferable and irrevocable right to publish, use, translate, archive, store, reproduce, modify, create derivative works from, distribute and otherwise communicate, and publicly display and publicly perform the User-Generated Content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant HempFusion all licenses, consents and clearances to enable HempFusion to use such User-Generated Content for such purposes. You waive and agree not to assert any moral or similar rights you may have in such User-Generated Content. If the Website to which you contribute User-Generated Content permits others to access and use that content as part of the Website or Services, then you also grant all other users of the relevant Website or Services the right to use, copy, modify, display, perform, create derivative works from and otherwise communicate and distribute your User-Generated Content on or through the Website(s) without further notice, attribution or compensation to you. You represent and warrant that you have all the rights necessary to grant the rights in this Section and that the use and publication of your User-Generated Content will not violate any law, including that such User-Generated Content does not infringe on any third party copyrights, trademarks, or other intellectual property or privacy rights. HempFusion reserves the right to remove or modify User-Generated Content if it violates these Terms of Use or is offensive. Except as otherwise provided in these Terms of Use, HempFusion does not claim any ownership rights in User-Generated Content.
5.4 Any comments, feedback, suggestions, ideas and other submissions disclosed or submitted to HempFusion (“Feedback”) will be the exclusive property of HempFusion. You hereby agree that HempFusion may use, sell, exploit and disclose the Feedback in any manner, without restriction, and without compensation to you.
6. Third-Party Content.
Opinions, advice, statements, offers, or other information or content made available by third parties through the Service (“Third Party Content”) are those of their respective authors, and you rely on such content at your own risk. The authors are solely responsible for such content. HEMPFUSION DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICE, AND (ii) ADOPT, ENDORSE NOR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN HEMPFUSION. UNDER NO CIRCUMSTANCES WILL HEMPFUSION BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO OR BY ANY USERS.
7. Terms of Purchase, Returns, Refunds, & Damages.
7.1 Purchase
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities or Products purchased per person or per order. These restrictions may include orders placed by or under the same 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, we may attempt to notify you by contacting the email, billing address and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
7.2 Products
By purchasing any HempFusion Product, you acknowledge that any Products you purchase from us contain cannabinoids that originate from hemp oil. Any purchases you make from us are based on your own opinions of the benefits you may receive from our Products. Neither the statements on our Website nor our Products have not been evaluated by the Food and Drug Administration, and no Product is intended to diagnose, treat, cure, or prevent any disease.
7.3 Pricing
Prices for Products are subject to change without notice. All prices for Products are in U.S. dollars, and are exclusive of any applicable local, state, or federal taxes. Shipping and handling fees, if any, will be reviewable prior to submitting your order.
7.4 Payment
All payments through the Service are processed using a third-party processor. You acknowledge that HempFusion is not liable for any breaches of credit card or debit card security or privacy by such third-party processor. You agree to pay all charges incurred by users of your credit card, debit card, or other method of payment.
7.5 Shipping
HempFusion will ship all Products purchased through the Service to the address specified in the shipping address section of the order form. Shipments will be made via standard ground service unless otherwise specified at the time of purchase. The time period from order to delivery will vary depending on location. You may have Products shipped only to addresses located within the United States.
7.6 Returns & Refunds
This Section 7.6 sets forth the only circumstances in which you may be entitled to a return or refund for Products. Any deviation by HempFusion from this policy in its sole discretion will not constitute a waiver of such policy. For inquiries about refunds or returns, please contact your recommending health care provider. If the packaging for your Product was damaged in shipping, please take a picture and send it to info@cannabiome.com; if we agree, we will replace the damaged product at our cost.
8. Jurisdiction.
These Terms of Use will be governed by and construed in accordance with the laws of the United States and the State of California, without giving effect to any principles of conflicts of law. You hereby consent to the exclusive jurisdiction and venue of any state and federal courts located in the County of Sonoma, California, United States of America for any claims or proceeding arising out of or related to these Terms of Use or the Website or Services, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
9. Severability.
If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Except as otherwise specifically provided herein, this is the entire Agreement between you and HempFusion relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between you and HempFusion with respect to such subject matter.
10. Waiver.
The failure by HempFusion to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.
11. Limitation of Liability.
NEITHER HEMPFUSION NOR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS OR PARTNERS, NOR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, ATTORNEYS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE OR WEBSITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT AND SERVICES CONTAINED THEREIN), YOUR ACCOUNT, ANY LINKED WEBSITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH YOUR USE OF THE WEBSITE, EVEN IF HEMPFUSION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT HEMPFUSION, ITS LICENSORS AND ITS LICENSEES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING ANY CONDUCT, COMMUNICATION OR CONTENT ON THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE HEMPFUSION’S, ITS LICENSORS’ AND ITS LICENSEES’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, OR ANY PART THEREOF, IS TO STOP USING THE WEBSITE. THE MAXIMUM AGGREGATE LIABILITY OF HEMPFUSION FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, WILL BE LIMITED TO THE AMOUNT THAT YOU PAID (IF ANY) TO HEMPFUSION FOR THE SERVICE OR TO FIVE DOLLARS, WHICHEVER IS GREATER.
Some jurisdictions do not allow for the exclusion or limitation of damages (including incidental or consequential), loss, or liability from intentional acts (including fraud, fraudulent misrepresentations, and failure to disclose defects), product liability, or for death or personal injury. Nothing in these Terms and Conditions will be interpreted as excluding liability which cannot be excluded in those jurisdictions. If you reside, or are otherwise subject to the laws in one of those jurisdictions any statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under that law and, if limitation is not permitted, the limitations in this Section 11 may not apply to you.
12. Disclaimers.
12.1 THE INFORMATION, CONTENT AND MATERIALS ON WEBSITE AND SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HEMPFUSION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. HEMPFUSION DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON ANY WEBSITE OR SERVICE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY WEBSITE, SERVICE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HEMPFUSIONAPPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
12.2 HempFusion cannot ensure that you will be satisfied with any products or services that you purchase from a third-party website that links to or from any Website or Service or third-party information, content or materials contained on Website (including, without limitation, User-Generated Content). HempFusion does not endorse any of the merchandise, nor has HempFusion taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third-party website. HempFusion does not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party. You hereby irrevocably waive any claim against HempFusion with respect to information, content and materials contained on Website (including, without limitation, User-Generated Content), on third party websites, and any information, content and materials you provide to such third party websites (including, without limitation, credit card and other personal information).
12.3 NEITHER HEMPFUSION NOR ITS SUBSIDIARIES, LICENSORS OR AFFILIATES WILL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF OR INABILITY TO USE WEBSITE OR THE SERVICE INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES.
12.4 HempFusion will not be held liable for any delay or failure to perform under any circumstances, including without limitation those resulting from causes outside the reasonable control of HempFusion; including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond HempFusion’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
13. Privacy Policy.
You understand that any information provided by you or collected by HempFusion in connection with your use of the Service and Website will be used in the manner described herein and pursuant to the terms and conditions of the Website Privacy Policy. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Service.
14. Indemnification.
AS A CONDITION OF YOUR ACCESS TO AND USE OF THE WEBSITE OR SERVICE, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HEMPFUSION AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, ATTORNEYS AND OTHER REPRESENTATIVES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES) AND OTHER EXPENSES THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM (i) YOUR ACCESS TO AND USE OF THE WEBSITE OR SERVICE AND THE CONTENT THEREIN, INCLUDING, WITHOUT LIMITATION, ANY ALLEGATIONS THAT ANY CONTENT YOU SUBMIT OR TRANSMIT WHILE USING THE WEBSITE OR SERVICE INFRINGES OR OTHERWISE VIOLATES THE COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHTS, PRIVACY OR PUBLICITY RIGHTS OF ANY THIRD PERSON OR PARTY; (ii) YOUR VIOLATION OF THESE TERMS OF USE, THE WEBSITE PRIVACY POLICY, ANY SPECIFIC RULES PUBLISHED WITHIN THE WEBSITE OR SERVICE AND ANY APPLICABLE LAW OR THE RIGHTS OF ANY OTHER PERSON; (iii) ANY DISPUTE YOU HAVE OR CLAIM TO HAVE WITH ONE OR MORE USERS OF THE WEBSITE OR SERVICE; (iv) HEMPFUSION’S RESOLUTION (IF ANY) OF ANY DISPUTE YOU HAVE OR CLAIM TO HAVE WITH ONE OR MORE USERS OF THE WEBSITE OR SERVICE; (v) YOUR IMPROPER AUTHORIZATION FOR HEMPFUSION TO COLLECT, USE, OR DISCLOSE ANY DATA OR CONTENT PROVIDED BY YOU; AND (vi) ANY DISCLOSURES MADE WITH YOUR PERMISSION (INCLUDING, WITHOUT LIMITATION, YOUR CONSENT THAT HEMPFUSION DISCLOSE YOUR PERSONAL INFORMATION AND OTHER INFORMATION COLLECTED AS SET FORTH IN HEMPFUSION’S PRIVACY POLICY).