Please read this Disclaimer carefully before using this website and the information contained therein (the “Content”) and/or any of TheDelta8Shop.com’s (the “Website”) products, programs, or services.
The Website and its Content are owned by The Delta 8 Shop LLC (“Company”). The term “you” refers to the user or viewer of this Website, and/or the user or consumer of the products, programs, or services of Company.
To use or view this Website, you must be twenty-one (21) years of age and have the legal ability to agree to the terms of this this Disclaimer. If you are under the age of twenty-one (21) or you do not agree to all parts of this Disclaimer, STOP now, and do not access or use this Website or any of Company’s Products or Services. All products, programs, and services made available on this Website and by the Company are only intended for purchase, use, and/or consumption by persons who are twenty-one (21) years of age or older, or of age in their relevant jurisdiction, and who live in a state or jurisdiction in which the products, programs, and services are legal. If you are: 1) not twenty-one (21) years of age or older, or of age in your relevant jurisdiction; or 2) do not live in a state or jurisdiction in which the products, programs, or services are legal, you must immediately cease using any and all products, services, or programs made available on this Website or by Company.
The information contained in this Website or in Company’s products, program, or services is not intended to constitute legal or financial advice. Before using any of Company’s products, programs, or services, please consult with your attorney, legal advisor, accountant, and/or financial advisor. Although care has been taken in preparing the information provided, Company cannot be held responsible for any errors or omissions, and Company accepts no liability whatsoever for any loss or damage you may incur. Always seek financial and/or legal counsel relating to your specific circumstances as needed for any and all questions and concerns you now have or may have in the future. You agree that the information on this Website is not legal or financial advice.
By purchasing, using, or accessing this website or anything made available on or through this Website, including, but not limited to, programs, products, services, opt-in gifts, e-books, videos, webinars, blog posts, articles, interviews, e-newsletters, consultations, e-mails, social media, and/or other communication (collectively referred to as “Website”) or any of Company’s programs, products, or services you are voluntarily agreeing to all parts of this Disclaimer and you are legally agreeing that you have read, understand, and fully consent to the terms of this Disclaimer. Information provided on or through this Website or Company’s products, programs, or services are subject to change at any time without notice.
The information provided in or through this Website or in or through Company’s products, programs, or services pertaining to your health or wellness, exercise, relationships, business/career choices, finances, or any other aspect of your life is not intended to be a substitute for the professional medical advice, diagnosis, or treatment provided by your own doctor/physician, nurse, physician’s assistant, or any other medical professional (“Medical Provider”), psychiatrist, psychologist, therapist, counselor, or social worker (“Mental Health Provider”), registered dietician or licensed nutritionist, or member of the clergy. Company’s intent is NOT to replace any relationship that exists, or should exist, between you and your Medical Provider or Mental Health Provider. Always seek the advice of your own Medical Provider and/or Mental Health Provider regarding any questions or concerns you have about your specific health or any medications, herbs or supplements you are currently taking, and before implementing any recommendations or suggestions from this Website or Company’s products, programs, or services. Do not disregard medical advice or delay seeking medical advice because of information you have read on this Website or received from Company’s programs, products, or services. Any recommendation of any products is simply offered for educational purposes, and you need to check with your own medical professional before using any of these products on, in, or near your body in any way. Do not start or stop taking any medications without speaking to your own Medical Provider or Mental Health Provider. If you have or suspect that you have a medical or mental health problem, contact your own Medical Provider or Mental Health Provider promptly. The information contained on this Website and in Company’s products, programs, or services, has not been evaluated by the Food and Drug Administration. Before using any of the products, programs, or services made available on this Website and by Company, please consult with a licensed health care provider.
IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CONTACT YOUR DOCTOR OR DIAL 911.
Using or accessing this Website or Company’s products, programs, or services does not establish a patient-doctor/physician relationship between you and Company.
As with all situations, there are sometimes unknown individual risks and circumstances that can arise by using this Company’s products, programs, and services that cannot be foreseen but may influence or reduce results. Company is not responsible for your personal actions or choices before, during, or after your use of this Website or Company’s products, programs, and services. You understand that any mention of any suggestion or recommendation on or through this Website or on Company’s products, programs, or services, is to be taken at your own risk, with no liability on the Company’s part, recognizing that there is a rare chance that illness, injury, or even death could result, and you agree to assume all risks.
By accessing or using this Website or Company’s products, programs, and services, you agree to absolve Company of any liability or loss that you or any other person may incur from use of the information, products, or materials that you request or receive through or on this Website or Company’s products, programs, or services. You agree that Company will not be held responsible or be liable to you, or to any other individual, company, or entity, for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages, for use of or reliance on my Website or Company’s products, programs, or services. You agree that Company does not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal, or business interruptions, misapplication of information, physical, or mental disease or condition or issue, or any other type of loss or damage due to any act or default by Company or anyone acting as Company’s agent, consultant, affiliate, joint venture partner, employee, shareholder, director, staff, team member, or anyone otherwise affiliated with Company, who is engaged in delivering content on or through this Website or, in or through Company’s products, programs, and services.
You hereby fully and completely hold harmless, indemnify, and release Company and any of Company’s employees, shareholders, directors, staff, consultants, agents, affiliates, or anyone else affiliated with Company, from any and all liability, damages, and claims, including, but not limited to, those related to lost profits, personal, or business interruptions, personal injuries, accidents, misapplication of information, physical or mental disease, condition, or issue, or any type of loss or damage, even if Company is expressly advised in advance of the possibility of such damages or difficulties. You agree that you fully and completely hold harmless, indemnify, and release Company from any and all causes of action, allegations, suits, sums of money, claims, or demands whatsoever, in law or equity, that may arise in the past, present or future that arises from your participation in or is in any way related to this Website or Company’s Products, Programs, or Services. In the event that you use any information, gift, product, program, or service provided on or through this Website or Company’s programs, products, and services, or affiliated with Company, you are solely liable and responsible for any actions, errors, omissions, or consequences.
COMPANY MAKES NO WARRANTIES RELATED TO THE PERFORMANCE OR OPERATION OF COMPANY’S WEBSITE AND/OR PRODUCTS, PROGRAMS, OR SERVICES. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIALS, PROGRAMS, PRODUCTS, OR SERVICES INCLUDED ON OR THROUGH THE WEBSITE AND/OR PRODUCTS, PROGRAMS, OR SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
You agree to accurately represent the information provided to Company on or through this Website or any of Company’s programs, products, or services.
Although every effort is made to ensure the accuracy of information shared on or through this Website and through Company’s products, programs, and services, the information may inadvertently contain inaccuracies or typographical errors. You agree that Company is not responsible for the views, opinions, or accuracy of facts referenced on or through the Website or in Company products, programs, and services, or of those of any other individual or company affiliated with Company in any way. Because scientific, technology, and business practices are constantly evolving, you agree that Company is not responsible for the accuracy of this Website or Company’s products, programs, or services, or for any errors or omissions that may occur.
All products, programs, and services on the Site are not meant for purchase or use by any persons under the age of twenty-one (21) or the applicable age in the relevant jurisdiction. Thought it is our policy that we will take all actions reasonable to prevent collection of Personal Date from persons under the age of twenty-one (21), we take special precautions as to not intentionally gather Personal Data from visitors who are under the age of 13. If we discover that a child under 13 has submitted Personal Data to Company, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Data from a child under 13, please contact us at email@example.com.
Your Personal Data may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding the processing of Personal Data may be less protective than the laws in your country. By providing your data, you consent to such processing and transfer.
“Personal Data” means data that, by itself, allows someone to identify or contact you as an individual, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data.
“Anonymous Data” means data that does not, by itself, permit the identification of individual persons and that is not associated with or linked to Personal Data.
We collect Personal Data and Anonymous Data, as described below.
o Information Collected by Our Servers. To make the Site more useful to you, our servers (which may be hosted by a third-party service provider) may collect information from your computer or device, including, but not limited to:
For online payments using credit, debit, Apple Pay, PayPal, and/or Automated Clearing House (ACH) payouts, we use the payment services of Square (https://www.square.com). To simplify the ordering process for you on your next order, we may save the last four digits of your credit card, the expiration date of your credit card, the credit card type, your first and last name, your shipping and billing address, and a token identifier to match your information to your full credit card number, which is stored by our payment services. We do not store your full credit card number or your CVV2 number (the 3 to 4-digit security code on your card). We do not have access to your full credit card number, PayPal, or Apple Pay data stored by Square. For more information on how payments are handled, and to understand the data security and privacy protections afforded to such information, please refer to https://squareup.com/help/us/en/subtopic/321.
You have several choices regarding the use of information on our Service:
just our permissions and manage the interactivity between our Site and your social media account.
THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE TRANSACTION(S) CONTEMPLATED HEREBY. THESE TERMS AND ENFORCEMENT THEREOF REQUIRE THE USE OF ARBITRATION IN ALL CASES ON AN INDIVIDUAL BASIS ONLY. IN NO INSTANCE ARE CASE CONSOLIDATIONS OR CLASS-ACTIONS PERMITTED TO ENFORCE THE RIGHTS AND OBLIGATIONS CONTAINED HEREIN. BY ENTERING INTO ANY TRANSACTION HEREUNDER, YOU ACKNOWLEDGE THE REVIEW OF THIS DOCUMENT IN ITS ENTIRETY AND CONFIRM YOUR ACCEPTANCE HEREOF. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 21 YEARS OLD; (C) HAVE THE LEGAL AUTHORITY TO BIND THE ORGANIZATION THAT YOU REPRESENT, IF ANY, TO THESE TERMS AND CONDITIONS; AND (D) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION, EITHER FEDERAL, STATE, OR OTHER.
(1) Applicability of Terms and Conditions: These terms and conditions (these “Terms”) shall apply to your purchase of products and related services through thedelta8shop.com (the “Site”). These Terms are subject to change at any time without prior written notice by The Delta 8 Shop LLC (“Company”). The most recent version of these Terms shall be posted for your review at any time on the Site. By engaging in any transaction on the Site, you acknowledge your review and acceptance of these terms in their entirety. Your continued use of the Site after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made.
(2) Online Orders: When placing an order on the Site, you are offering to purchase whatever products and services you select. Company reserves the right to accept or reject any order in Company’s own discretion. Company will only accept or reject an order in its entirety. Should Company elect to accept your offer, you will receive a confirming email at the email address provided at such time. Notwithstanding, Company reserves the right to cancel any order once accepted by Company (as evidenced by a confirming email) at any time in Company’s sole discretion. Additionally, you have the option of cancelling your order, but only in its entirety, at any time prior to Company having sent to you the confirming email referenced herein.
(3) Payment Terms: All applicable prices are set forth alongside the goods and services offered on the Site. Such prices are subject to change at any time by Company in its sole discretion. You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider. By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable federal, state, or local law, rule, or regulation.
(4) Shipping Information: It is Company’s responsibility to ship your accepted order to you at the address provided when making the order. You will be responsible for all associated shipping & handling charges. While Company agrees to use reasonable efforts to meet the shipping and delivery dates provided online, Company shall not be responsible for any delays in shipments.
(5) Returns: If you, for any reason, are not satisfied with your order, you may return it for a full refund; provided: (i) the items(s) were not designated as non-returnable; (ii) your return is made within fifteen (15) days of delivery; and (iii) the merchandise is returned in the same condition as originally received by you and unopened. Once the goods are received by Company, the purchase price, less the original shipping & handling charges, shall be returned. All returns may be subject to a twenty percent (20) restocking fee at Company’s sole discretion. All returns must be made pursuant to the specific return procedure specifically set forth on the Site (which can be found at: [URL]). You bear the risk of loss or damage during shipment (other than when returning non-conforming merchandise). Your refund will be credited back to the same payment method used to make the applicable purchase.
(7) Representations & Warranties (R&Ws); Disclaimers; Limitations on Liability:
(a) Buyer’s R&Ws: You represent and warrant to Company as follows: (i) that you have the right to enter any transaction contemplated for hereby without violating these Terms, any applicable federal, state, or local law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the goods and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; (iii) that you are buying the goods or services from the Site solely your own use, and not for resale and/or export; and (iv) that you are of legal age in the applicable jurisdiction to use the product purchased from the Site, but in all instances not less than twenty-one (21) years of age.
(b) MANUFACTURER’S WARRANTY AND COMPANY’S DISCLAIMERS: COMPANY’S SOLE ROLE IN THE PROVISION OF THE PRODUCTS AND SERVICES ON THE SITE IS THE RE-PACKAGING AND DISTRIBUTION OF THE PRODUCTS AND SERVICES. COMPANY DOES NOT PRODUCE (OR DIRECT THE PRODUCTION OF) ANY OF THE PRODUCTS OFFERED ON THE SITE IN ANY WAY. THE AVAILABILITY ON THE SITE OF ANY PRODUCTS DOES NOT CONSTITUTE AN AFFILIATION WITH OR ENDORSEMENT OF ANY OF THE PRODUCTS OR THEIR PRODUCER(S). AS SUCH, SUBJECT TO APPLICABLE LAW, COMPANY IS PROVIDING THE PRODUCTS TO YOU “AS IS” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY: (I) WARRANTY OF MERCHANTABILITY; (II) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (III) WARRANTY OF TITLE; OR (IV) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE, OR OTHERWISE.
(c) LIABILITY CAP: UNDER NO CIRCUMSTANCES WILL COMPANY’S OBLIGATION OR LIABILITY UNDER THIS AGREEMENT EXCEED THE PURCHASE PRICE PAID ON THE SITE FOR ANY GOODS OR SERVICES. ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND.
(8) Third Party Beneficiaries: These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
(9) Force Majeure: Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, pandemic or epidemic, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.
(10) Assignment: Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third-party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without Company’s prior written consent in each instance, and any attempt to do so shall be null and void.
(11) Partial Invalidity: In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, that part or portion of the Terms shall be limited and interpreted as to have the fullest force and effect under law. The remaining provisions shall be interpreted to ensure the Terms continue in full force and effect to the greatest extent possible.
(12) Governing Law/Binding Arbitration:
(a) Governing Law: These Terms shall be governed by the laws of the State of Indiana without regard to conflict of laws principles.
(b) Binding Arbitration: Subject to subsection (c) below and all applicable laws, you agree (i) to litigate any claims that may arise hereunder in court or before a jury; and (ii) not to attempt to consolidate any claim and/or participate in any class-action claim that may arise hereunder in any manner or forum. Any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be solely and finally settled by the arbitrator in Indianapolis, Indiana and administered by and in accordance with the then existing Rules of Practice and Procedure of the Arbitration (Arbitrator of our choice). Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrators shall be bound to adjudicate all disputes in accordance with the laws of the State of Indiana. The decision of the arbitrator(s) shall be in writing with written findings of fact and shall be final and binding on the parties. With respect to any arbitration hereunder, as stated above, you hereby expressly waive any right to consolidate any claim and/or participate in any class-action claim of any kind or nature against company or its affiliates. This Section (12) provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms. If any provision of this clause is found unenforceable, such unenforceable provision will be removed and the remaining terms shall be in full force and effect to the greatest extent possible.
(c) Small-Claims Option: Notwithstanding the foregoing, you may elect to pursue a breach of warranty claim in small-claims court rather than submitting to binding arbitration, but only if you provide Company with written notice of your desire to do so within ninety (90) days of your purchase transaction. Any small-claims court proceeding initiated hereunder will be limited solely to your individual dispute; i.e., you are not permitted to file, or participate in, a class action suit in small-claims court with respect to these Terms.
(13) No Waivers: Company’s failure to enforce any of Company’s rights hereunder will not constitute a waiver of Company’s right to make such enforcement in the future, subject to applicable law.
(14) Notices: Company may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You shall be responsible for ensuring that you have provided Company with your current email and mailing addresses. You can contact us at any time by (i) personal delivery, overnight courier, or registered or certified mail to ATTN: Support,6101 N Keystone STE1200C #1032 Indianapolis, IN 46220; or (ii) by email at: firstname.lastname@example.org