Terms of service

Terms and Condition

PRODUCT VARIATIONS, STORAGE AND SHIPPING                             

Customer understands that it is normal to see slight variations in color, scent and viscosity from batch to batch as the raw ingredients may vary from lot-to-lot and may be affected by climate changes and conditions. Customer shall be responsible for mitigating the effects of temperature, humidity and other weather conditions during shipment and storage by shipping and storing the products in suitable climate-controlled conditions.

DISCLAIMER OF WARRANTIES AND ASSUMPTION OF RISK

The site and Hemptherapy LLC products are provided "as-is" and "as available," and your use of the site and any Hemptherapy LLC products, or any combination thereof is at your own risk.  Hemptherapy LLC expressly disclaims all warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.  

Without limiting the foregoing, Hemptherapy LLC makes no warranty (1) that the site will meet your requirements and expectations, (2) that your use of the site will be uninterrupted, timely, secure, or error-free, (3) that the information you may obtain through the use of the site will be accurate or reliable, (4) that the quality of any products, services, information, or other material purchased or otherwise obtained by your through or in connection with the site will meet your requirements and expectations, or (5) that any errors in the site will be corrected.  

 No advice or other information, whether oral or written, obtained by you from Hemptherapy LLC or through the site will create any warranty with respect to the site.  

None of the products, text, or advice on this site have been approved or endorsed by a physician, The Food and Drug Administration or any other regulatory entity.  Consult your physician if you have questions about the use of goods or services after reading the label and any related information.  Use of good or services sold on this site may trigger allergies and other health related issues.  If you need emergency help related to any physical or mental reaction, please dial 911.

Some jurisdictions do not allow the disclaimer of certain warranties.  Accordingly, some of the disclaimers in this section may not apply to you.    

LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, neither Hemptherapy LLC nor its affiliates, or either of their respective directors, officers, members, managers, employees, agents, representatives, licensors, or providers, will be liable for any damages, including incidental, special, or consequential damages, arising out of or in connection with the site or any Hemptherapy LLC products, even if Hemptherapy LLC has been advised of the possibility of such damages.  Notwithstanding the failure of the essential purpose of any limited remedy in this agreement, Hemptherapy LLC total cumulative liability under this agreement shall not exceed the amount paid by you to Hemptherapy LLC during the year immediately preceding the date on which your claim arose.

Some jurisdictions do not allow the limitation of liability for incidental or consequential damages.  Accordingly, some of the limitations in this section may not apply to you.  

INDEMNIFICATION
You agree to indemnify, defend and hold harmless Hemptherapy LLC, its affiliates, and their respective directors, officers, members, managers, employees, agents, representatives, licensors, and suppliers from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of your breach of the Terms or otherwise from your use of the site or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account . Hemptherapy LLC reserves the right to assume partial or exclusive control over the defense of any matter subject to indemnification by you, in which case you agree to fully cooperate with Hemptherapy LLC in asserting any available defenses.  Hemptherapy LLC is not responsible for any claims, costs, or damages that arise from the use of the site's content.

TYPOGRAPHICAL ERRORS
If Hemptherapy LLC product is mistakenly listed at an incorrect price, Hemptherapy LLC reserves the right to refuse or cancel any orders placed for any product listed at the incorrect price. Hemptherapy LLC reserves the right to refuse or cancel any such orders whether the order has been confirmed and your credit card charged or not. If your credit card has already been charged for the purchase and your order is cancelled, Hemptherapy LLC shall issue a credit to your credit card account in the amount of the incorrect price.

TRADEMARKS
All trademarks, service marks and trade names of Hemptherapy LLC used in the site are trademarks or registered trademarks of Hemptherapy LLC. Hemptherapy LLC does not claim ownership in the trademarks or service marks owned by or advertisers or third parties that are displayed on the site.

TERMINATION
These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These terms and conditions, or any part thereof, may be terminated by Hemptherapy LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination. We may periodically change these terms and conditions in our sole discretion, and your continued use of the Site constitutes your acceptance of the revised Terms. Please check this “Terms of Condition” page for updates from time to time, as this is typically the only way we will notify you of any changes to the Terms.

CHOICE OF LAW                                                                                                       Any dispute arising out of or in connection with these Terms or your use of the Site will be governed by the laws of the State of California. You agree that any cause of action or proceeding concerning any such dispute must be brought in Orange County Superior Court of the State of California or, subject to applicable jurisdictional requirements, in the United States District Court for the District of California, and you consent to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waive any objection to such venue.

SEVERABILITY                                                                                                          The invalidity or unenforceability of any provision of the terms and conditions shall not affect the validity or enforceability of any other provision in the terms and conditions.

NOTICE
Hemptherapy LLC may deliver notice to you by means of e-mail, a general notice on the Site, or by other reliable method to the address you have provided to Hemptherapy LLC.