Last Updated: July 1, 2020
1. Limited License to Use the Service.
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.
2.3 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.
3.3 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.
3.5 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.
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.
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.
5.4 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.
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.
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.
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.
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.
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 email@example.com; if we agree, we will replace the damaged product at our cost.
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.
12.1 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.