CBD NEAR ME TERMS OF USE

Effective Date: December 16, 2019

PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SITE (DEFINED BELOW) TO IN OUR SOLE DISCRETION, BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.

YOU CAN ONLY ACCESS AND USE THIS WEBSITE LOCATED AT www.shopcbdnear.com and/or its mobile application/version (individually and collectively the “Site”) BY CLICKING ON THE “I ACCEPT” BUTTON AT THE END OF THESE TERMS OF USE. DOING SO FORMS A LEGALLY BINDING CONTACT BETWEEN YOU AND DIRECT VM, LLC DOING BUSINESS AS CBD NEAR ME (“Company”, “we”, “us”, or “our”), AND SIGNIFIES THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE, AS THEY MAY BE MODIFIED BY US FROM TIME TO TIME IN OUR SOLE DISCRETION (“Discretion”), AND WITHOUT A DUTY TO NOTIFY YOU OF SUCH MODIFICATION. IF YOU DO NOT AGREE TO ANY PORTION OF THESE TERMS OF USE, YOU SHOULD CLICK ON THE “I DECLINE” BUTTON AT THE END OF THEM. DOING SO BARS YOU FROM ANY FURTHER ACCESS TO THE SITE. 

YOU UNDERSTAND AND ACKNOWLEDGE THAT BY ACCESSING THE SITE, YOU ARE REPRESENTING THAT YOU ARE AT LEAST 21 YEARS OLD, AND ARE LEGALLY ABLE TO ENTER INTO THIS CONTRACT.

These Terms of Use tell all persons who access the Site, including their agents, assigns, anyone acting on that person’s behalf including without limitation, heirs and statutory beneficiaries (individually and collectively now referred to for convenience in these Terms of Use as (“you”, “your”, or “yourself”) about these standard terms and conditions in connection with: 

  1. Your access to and use of the Site including but not limited to, what the Site will and won’t do, and what you are allowed to do and not do when you access the Site. 
  2. Your access to and use of any online channels, apps, or websites where the Site is linked including but not limited to, social media sites and channels we may have links to from time to time in our Discretion. (All of the foregoing in this Sections B individually and collectively, in whole and in part, now comprise a portion of the definition of “Site” in these Terms of Use). 

Your access to and use of the Site is governed by these Terms of Use and all applicable statutes, laws, regulations, rules and orders.  

The Site does and will, in our Discretion provide you with access to certain: products including but not limited to CBD (Cannabidiol) products, accessories, merchandise, and deliverables; and, services provided on and/or thru the Site including but not limited to, apps and software, data, functions, social media site access, facilities, media, documentations, and educational materials, as well as information about our CBD products vending machines. (All products and services mentioned in this paragraph are individually and collectively, in whole and in part, the “Products“). 

The Site and Products will sometimes in these Terms of Use be collectively referred to as the “Materials”. 

  1. California Use Only; California User Notice. The Site is controlled and operated by us from our offices in the State of California. We make no representation that any of the Materials to which you are given access are available, appropriate, or legal for use in other locations. Those who access or use the Materials from other jurisdictions do so at their own volition, and are entirely responsible for compliance with local law including but not limited to, export and import regulations. Your use of or access to the Site should not be construed as our purposefully availing for us the benefits or privilege of doing business in any state or jurisdiction other than California. 

(a)  Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Products of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.  

  1. License Grant; Payments.  Subject to your compliance with all terms and conditions of these Terms of Use, and your payments to us as provided in Section 2 (a) below, we grant to you a limited, personal, non-transferable, revocable, and non-exclusive right and license to only access and use the Materials as provided for in these Terms of Use. The term of these Terms of Use, as may be modified by us from time to time in our Discretion, will be from the date you first agree to them and continue uninterrupted for so long as we have any rights, titles and interests of every kind and nature now or later contemplated (the phrase “of every kind and nature now or later contemplated” is now referred to for convenience in these Terms of Use as “EKN”), in and to any of the Materials including without limitation, copyrights and trademarks in and to them and any and all extensions and renewals of them throughout the universe.

(a) You understand and acknowledge that we may charge a fee for the use and purchase of any Products, as well as for anything else available or ordered on or through the Site (“anything else available or ordered on or through the Site” now comprise part of “Products”), provided we notify you of any such fee before you incur it. Fees owed depend on the specific type and quantity of Products you order or of which you avail yourself. Payment of fees is not contingent on any events EKN other than your ordering or availing yourself of Products. Any attorney fees, court costs, or other costs EKN incurred in collection of delinquent undisputed fee amounts from you, is your sole responsibility to pay. If any payment is not current, Company has the right, in our Discretion, to immediately cease to provide any and all Products to you and/or disable your access to the Products. You are also solely responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with all your Products transactions. If you do not pay such sales or other tax or fee on a transaction, you are solely responsible for such taxes or fees in the event that they are later determined to be payable on such transaction, and we have the right, in our Discretion, to collect such taxes or other fees from you at any time.

(b) When using, ordering, or purchasing any Products, you must provide accurate and complete information as requested in order for us to process your transaction. It’s your sole responsibility to promptly provide us with any contact or billing information changes or updates (including but not limited to, phone numbers, email and physical addresses, and credit card numbers). These updates should be made pursuant to Section           [THIS IS A LIVE LINK TO THAT SECTION] of our Privacy Policy, or by contacting us at privacy@shopcbdnear.com

  1. Use of the Materials. As between you and us, the Materials and any and all other materials EKN displayed on, in or that can be accessed, streamed, or downloaded from the Site are solely owned and controlled by us from inception in perpetuity throughout the universe, and are all protected by U.S. and international copyright, trademark, and other laws and treaties. You don’t acquire any rights, titles and/or interests EKN in any of the foregoing by virtue of accessing or making any uses of the Materials.

(a) Any unauthorized use of any of the Materials may violate U.S. and/or international copyright and/or other laws, treaties and regulations, is prohibited and without limitation, a violation of these Terms of Use. In the event of a violation of these Terms of Use, laws, treaties, or regulations, we have the irrevocable right to seek all remedies available per these Terms of Use, by law, in equity, or otherwise EKN (individually and collectively “Remedy/ies”). We also have the irrevocable right to block or deny access to the Materials to anyone at any time for any reason or no reason, in our Discretion.

(b) While using the Materials, you are required to comply with any and all applicable statutes, orders, regulations, rules and other laws EKN. In addition, we require users of the Materials to respect the rights and dignity of others. Your use of the Materials is conditioned on your compliance with the rules of conduct in these Terms of Use.  

(c) Unless otherwise expressly authorized in these Terms of Use, it’s also a violation of them to do any of the following:

(1) reproduce, publicly display, perform, distribute, sell, resell, or otherwise use or exploit the Materials for any public or commercial purpose; 

(2) modify any information or Products on the Site in any way, or copy, reproduce, rent, lease, loan, publish, transmit, distribute, perform, display, or create derivative works from the Materials;

(3) decompile, disassemble, reverse engineer, sell, license, or otherwise exploit the Materials or anything on or accessible through the Site, in whole or in part;

(4) interfere with the Materials or any other person’s or entity’s (“Person(s)”) use of them including but not limited to, by hacking or defacing any portion of the Site, inserting any code, product, or otherwise manipulating the Site in any way that affects any Person’s experience; 

(5)  post, upload, share, transmit, distribute, facilitate distribution of, or otherwise make available, through or in connection with the Site:

  • anything that is or may be: threatening, harassing, degrading, hateful or intimidating; defamatory; fraudulent or tortuous; obscene, indecent, pornographic or otherwise objectionable; or, protected by copyright, trademark, trade secret, right of publicity or other proprietary right, without the express prior consent of the owner of that right;
  • any material: that encourages conduct or could otherwise give rise to criminal or civil liability; that contains or promotes violence, illegal drug use, illegal gambling or other criminal activity; or, that encourages or provides instructional information about illegal activities such as but not limited to “hacking,” “cracking,” or “phreaking”;
  • any virus, worm, Trojan Horse, Easter egg, time bomb, spyware, malware or other computer code, file, or program that is harmful or invasive to the Site, used to monitor the use of the Site or any hardware, software or equipment, or which may or is intended to damage or hijack the operation of the Site; 
  • any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme”, investment opportunity, or any other form of solicitation;
  • any material, non-public information about a Person without the proper written authorization to do so;

(6) use the Materials for any fraudulent or unlawful purpose; 

(7) use the Materials to defame, abuse, harass, stalk, threaten or otherwise violate any legal or other rights EKN of another Person  including without limitation, another Person’s privacy rights or rights of publicity, or to harvest or collect “Person Information” (as defined in our Privacy Policy) about someone’s use of the Site;

(8) impersonate any Person including without limitation, any designee of ours, falsely state or otherwise misrepresent your affiliation with any Person in connection with the Site, or express or imply that we endorse any statement you make;

(9) interfere with or disrupt the operation of the Materials or the servers or networks used to make the Materials available; or violate any requirements, procedures, policies, or regulations EKN of those servers or networks;

(10) remove any copyright, trademark or other proprietary rights notice EKN from the Materials or any other materials originating from or accessible through the Site;

(12) frame, model or mirror any part of the Site;

(13) create a database, except as may be expressly authorized by the Site;

(14) use any bot, spider, search/retrieval application, or other manual or automatic device EKN to retrieve, index, “scrape,” “data mine”, or in any way gather any Materials or other materials available on or through the Site, or reproduce or circumvent the navigational structure or presentation of any Materials available on or through the Site.

(d) We have the irrevocable right in our Discretion, at any time, temporarily or permanently, in whole or in part, to: modify or discontinue the Materials, with or without notice; change, modify and/or waive any fees we charge in connection with the Materials; and/or offer opportunities to some or all Persons using the Materials. Neither we nor any of our sponsors, vendors, licensors, or licensees is liable to you or to any third party for any modification, suspension or discontinuance of the Materials, or of any service, content, feature or product offered on or through the Site.

(e) To ensure that we provide a high-quality experience for you and for other users of the Materials, we or our representatives may access your account and records on a case-by-case basis, without notice to you unless required by applicable law, to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Materials. This right includes but isn’t limited to, the right to terminate your Account (defined in Section 12 below) or your access to the Site immediately, without liability to you EKN, if we believe that you have violated any of the Terms of Use, furnished us with false or misleading information, or interfered with use of the Materials by others.

  1. Hardware. You are solely responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment, and services needed to access and use the Materials and any other materials available on or through the Site, and paying all charges related to them.
  2. Intellectual Property Rights.  We own and/or control from inception in perpetuity all and all rights, titles and interests EKN regarding our: trademarks, trade names, look and feel, brands, and trade dress (which along with all associated logos and images are individually and collectively “Trademarks”) including but not limited to, those on the Site; and, all content EKN on or available thru the Site individually and collectively “Copyrights”). All Trademarks and Copyrights are registered, pending registration and/or common law trademarks of Company, and are protected by U.S. and international laws and treaties. You don’t acquire any rights, titles or interests EKN in any Trademarks or Copyrights by virtue of accessing or making any uses of the Materials. Any unauthorized use of the Materials may violate U.S. and/or international trademark, copyright, and/or other laws, treaties and regulations, is prohibited, and a violation of these Terms of Use. We will aggressively enforce our Copyrights, Trademarks, patents, and other intellectual property and allied rights EKN (individually and collectively “IP”) to the fullest extent of the law including but not limited to, criminal prosecution and all other Remedies.
  3. Zero Tolerance. We have a strict, zero-tolerance policy regarding the use of our IP. We consider use of our IP in page text, metatags, metatag keywords, and/or hidden text to be IP infringement and/or unfair competition. Linking to any page on the Site is prohibited without our prior written approval, which we can withhold in our Discretion (“Approval.”). Framing, inline linking, or other association of the Materials with links, advertisements and/or any other information EKN not originating from the Site is also prohibited. 
  4. User Information. Other than “Personal Information”, which is defined in and subject to our Privacy Policy [LIVE LINK HERE], any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, photos, and other communication EKN you transmit, post, download, display, perform, transmit, or otherwise distribute information or other content on or to the Site in any manner EKN, as well as those submitted to third parties connected through the Site including without limitation, social media (individually and collectively, in whole and in part “User Content“) may be visible, accessible and/or available to others. Notwithstanding anything to the contrary in these Terms of Use, if you choose to make any of your Personal Information, User Content, or anything else publicly available in any form or forum or otherwise on or through any social media or other links available on or through the Site, you do so at YOUR SOLE RISK. 

(a) You represent, warrant, and covenant (“Warranty” or “Warrant”): that you have the authority to submit all User Content; that no User Content will violate or infringe any rights EKN of any Person; that all User Content will be true, accurate and complete; and, that you will maintain and update User Content as needed, such that it remains true, accurate and complete.  

(b) Notwithstanding anything to the contrary in these Terms of Use, we have the irrevocable right, but are not obligated to, monitor or review any User Content, and have the irrevocable right to remove User Content in our Discretion. We have no obligation to return, review, or respond to any User Content. We have no liability EKN related to the content of any User Content, whether or not arising under any U.S. and/or international laws or treaties EKN.  

(c) You grant us a perpetual, irrevocable, and worldwide gratis license to us and our Affiliates (defined in Section 16 below) to use your User Content in connection with the operation of the Site including but not limited to, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. We may publish or otherwise disclose your name in connection with your User Content in our Discretion. By posting User Content on the Site, you Warrant that you own the rights to the User Content or are otherwise authorized to post, display, perform, transmit, or otherwise distribute User Content. We have the irrevocable right but not the obligation to monitor, edit, remove and/or block any activity or User Content in our Discretion.

  1. Pricing and Availability. 

(a) ALL SALES ARE FINAL, non-cancelable, and non-refundable except as may be otherwise expressly stated in these Terms of Use, or as otherwise determined in our Discretion, or that of the third party provider. All prices specified on the Site are recommended retail prices. Prices are current at the time of publication and are subject to change without notice. All pricing is in United States dollars, and you are responsible for the effective currency conversion rate in place at the time of sale or provision, for a transaction occurring outside of the United States. For sales or provision outside the United States, your banking or credit provider may charge additional fees for such conversion of currency.

(b) We have the right, prior to acceptance of any particular Materials order, to set or modify any terms of sale including without limitation, pricing and discounts, or to make any such modifications for any reason or no reason including but not limited to, a Materials provider’s request, increased demand, changes in any costs, transaction, tariffs, and exchange rates. Any such order is subject to availability including without limitation, limited availability of Materials which may be set by us in our Discretion. We reserve the right to alter or amend any Materials description, providing you the opportunity to cancel or modify the order, or to accept the order with a revised description. You are responsible for shipping costs of any Materials. 

(c) Upon placing an order, we process them in the order they are received. Our goal is to ship all orders that are received by 2 p.m. PST M-F business days only the day following any order (excludes holidays). This includes any shipments that are drop shipped by our various vendors. This policy may be delayed during peak shopping times and may delay your order 1-4 business days from being shipped. If the order is on back order there will be a delay in your purchase, and you will be contacted by a customer service representative. If your Materials item becomes no longer available, a refund will be given. You acknowledge and understand that times and dates of deliveries for Materials are solely estimates. We are not liable for any delay in delivery of any Materials. For delivery of physical Materials, an item is delivered once shipped, and all title and risk of loss then passes to you.

  1. Content. We don’t endorse, support, sanction, encourage, verify, or agree with any comments, opinions or statements posted on forums, blogs, or through User Content contained on the Site (individually and collectively, in whole and in part, “Content“). Any Content placed online including but not limited to, advice, opinions and stories, are solely the views and responsibility of those who post the Content, and don’t necessarily represent our views.
  2. Accuracy of Information. We attempt to ensure that the Products on the Site (with the exception of User Information) are complete, accurate and current. Despite our efforts, the Products may occasionally be inaccurate, incomplete, or out of date. Please bring to our attention any information you believe is inaccurate, incomplete, or out of date by contacting us at info@shopcbdnear.com   along with a detailed explanation of your beliefs of inaccuracies. We make no Warranty EKN as to the completeness, accuracy, or current nature of the Products, or any other information on the Site, and we make no commitment or assumes any duty to update that information.  
  3. Linking to the Site. You aren’t allowed to maintain any link from another site or app to any page on the Site without our Approval. You also aren’t allowed to run or display the Site, or any information or material displayed on or accessible via the Site, in frames or through similar means on another site or app without our Approval. Any links to the Site we do Approve must comply will all applicable laws, rules and regulations EKN, which is your sole responsibility and liability. 
  4. Third Party Links. Links may be established from the Site to one or more external website, apps, or resources operated by third parties (“Third Party Site(s)“). These links are provided only for your convenience. In addition, certain Third Party Sites also may, with our Approval, provide links to the Site. None of these links imply that we endorse any Third Party Site or any content on or through them. We don’t control and are not responsible or liable for any Third Party Site or any content, advertising, products, services, or other materials EKN on or available through a Third Party Site. Access to any Third Party Site is at your own, sole risk and we have no liability EKN arising out of or related to a Third Party Site and/or their content, or for any damages or loss EKN caused or alleged to be caused by or in connection with any visit to, purchase from, use of or reliance on anything available on or through a Third Party Site. 

11.1 Our Site is hosted on Godaddy. They provide us with the online e-commerce platform that allows us to provide the Products to you.

  1. Your Account. You will need to create a customer account to be able to purchase or otherwise obtain Products on or thru the Site (“Account”). If you do, you will have to provide an email address, username, and password for your Account. To protect your Account, you should choose a username and password different than names, birthdays, or street addresses associated with you. You may also want to choose a username and password different that the ones you use for other websites and apps, and change them periodically. You are solely responsible for maintaining the confidentiality of your Account, username and password, and for restricting access to devices from which you access your Account.  You’re also solely responsible for any and all activities EKN that occur under your Account, username or password. 
  2. Warranty Disclaimers. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, ALL INFORMATION, SERVICES, MATERIALS AND PRODUCTS EKN PROVIDED ON OR THROUGH THE SITE ARE PROVIDED “AS IS” AND ‘AS AVAILABLE”, WITHOUT ANY WARRANTIES EKN. WE EXPRESSLY DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES EKN TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. THESE INCLUDE BUT ARE NOT LIMITED TO: WARRANTIES OF MERCHANTABILITY, USE, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, TITLE, NON-INFRINGEMENT, ERROR-FREE OR UNINTERRUPTED SITE ACCESS, FAILURE TO STORE ANY OF YOUR DATA, COMMUNICATIONS OR PERSONALIZED SETTINGS; WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE; WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT; AND, WARRANTIES RELATING TO THE ACCURACY, COMPLETENESS, LEGALITY, OR USEFULNESS OF ANY INFORMATION OR DATA AVAILABLE ON OR THROUGH THE SITE. WITHOUT LIMITING ANYTHING IN THIS SECTION 13, WE ALSO MAKE NO WARRANTIES THAT PRODUCTS CONTAINING OR DERIVED IN WHOLE OR IN PART FROM CANNABIS, CBD, THC, OR OTHER NATURAL INGREDIENTS HAVE ANY MEDICAL, SOCIAL, PSYCHOLOGICAL, PHYSICAL, SPIRITUAL, EMOTIONAL, OR OTHER BENEFITS EKN, AND ARE PURCHASED, USED, AND CONSUMED AT YOUR SOLE RISK.     

(a) ANY THIRD PARTY INFORMATION, DATA, PRODUCTS, AND PRODUCTS ON, USED, OR PURCHASED ON OR THROUGH THE SITE, ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE SUPPLIERS, IF ANY. IN THE EVENT OF ANY PROBLEM WITH ANY THIRD PARTY INFORMATION, DATA, PRODUCTS AND/OR PRODUCTS THAT YOU HAVE USED OR PURCHASED ON OR THROUGH THE SITE, YOUR SOLE REMEDIES, IF ANY, ARE FROM THE APPLICABLE SUPPLIERS OF SUCH INFORMATION, DATA, PRODUCTS AND /OR PRODUCTS IN ACCORDANCE WITH THEIR RESPECTIVE WARRANTIES, IF ANY. WE ARE NOT RESPONSIBLE FOR ANY DAMAGES EKN TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW WITH RESPECT TO THIRD PARTY INFORMATION, DATA, PRODUCTS AND/OR PRODUCTS ON, USED OR PURCHASED ON OR THROUGH THE SITE INCLUDING BUT NOT LIMITED TO: THOSE RELATED TO DEFECT OR FAILURE OF THEM; MISUSE OR ABUSE OF THEM; AND, IMPROPER SELECTION OF THEM.

(b) THE LIMITATIONS IN THIS SECTION 13 DON’T APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO APPLICABLE LAWS FOR ANY SUCH PROHIBITIONS.

  1. Legal Disclaimers. Company operates the Site and provides the Materials on and thru it in support of manufacture and sale of CBD products, which is permitted by local and state law. All CBD products advertised and offered on the Site are offered and intended to be available solely in locations where and under conditions in which such Materials may be legally sold or offered.

(a) CBD Product Assumption Of Liability.  THE SITE IS NOT INTENDED TO PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. You assume the risk of any-and-all damage or loss EKN incurred as a result of your use and/or consumption of CBD products obtained from any dispensary, store, or other source, on or thru the Site. The Site, workers at dispensaries and stores, Products manufacturers, and Persons you interact with on or thru the Site, may provide information regarding the CBD products available on or thru the Site including but not limited to, potency, pharmacologically active ingredients, source of cultivation, recommended uses and benefits, and other descriptions or information (individually and collectively “CBD Information”). 

(1) All CBD Information should in no way be construed as medical advice. All CBD Information should be treated by you as provided for informational and educational purposes only, and is not intended to be a substitute for medical advice under any circumstance. Always consult a physician, psychiatrist, psychologist, or other qualified healthcare provider (“Healthcare Professional(s)”) prior to using a CBD product for treatment of any type of medical or  psychological condition. Never disregard Healthcare Professional advice or fail to seek it following receipt of CBD Information from the Site or the location where Materials are available, where your use of CBD products is to treat a medical or psychological condition. You should not use the Materials for diagnosis or treatment of any health issue, or for prescription of any medication or other treatment. You should always consult with Healthcare Professionals, and carefully read all information provided by the manufacturer of a Product and on or in any Product label or packaging, before using any medication or nutritional, herbal, homeopathic, or CBD product, before starting any diet or exercise program or before adopting any treatment for a health problem. Each Person is different, and the way you react to a particular Product may be significantly different from the way other Persons react to such Product. You should also consult your Healthcare Professional regarding any interactions between any medication you are currently taking and Products. We cannot guarantee the accuracy of any CBD Information provided on the Site, or elsewhere including without limitation, any information contained on or with any Product label or packaging. Do not solely rely on such CBD Information.

(1) We make no Warranties regarding how the use Products will affect or alter the results of any drug test, and we are not liable or responsible for the results of any test or damages incurred by you due to those results. It’s our information that all full spectrum hemp products contain trace amounts of naturally occurring THC, the same way poppy seed bagels contain trace amounts of opiates, and fruit juice contains trace amounts of alcohol from naturally occurring fermentation. It is highly unlikely to fail a drug test since hemp THC content is so low, but it is not impossible. If failing a drug test is detrimental to your occupation or lifestyle, do not use hemp products as they all have a small amount of risk involved. You should consult the manufacturer, testing lab, and administrator of the test for more information regarding the effects of CBD products on the test result.

(2) Information and statements regarding CBD products and derivatives of CBD have not been evaluated by the FDA, and are not intended to diagnose, treat, cure or prevent any disease.

(3) If you are pregnant, or think you may be pregnant, consult a Healthcare Professional before using any Product.

  1. Limitations of Liability. We are not responsible or will be liable for any damages EKN to, or any viruses that may infect, your computers, handheld or other devices, telecommunication equipment or any other property EKN, caused by or arising from your access to, use of, or browsing the Site. IN NO EVENT WILL WE OR ANY PARTY INVOLVED IN THE CREATION OR PRODUCTION OF THE MATERIALS OR TRANSMISSION OF THE SITE OR ANY OF THEIR RESPECTIVE DESIGNEES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES EKN INCLUDING BUT NOT LIMITED TO, ANY ATTORNEYS FEES AND COSTS, ANY LIABILITY IN CONNECTION WITH YOUR PROVISION OF YOUR CREDIT CARD OR OTHER FINANCIAL ACCOUNT INFORMATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, ARISING OUT OF THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THE MATERIALS AND/OR OUR VENDING MACHINES INCLUDING BUT NOT LIMITED TO, TAXING OR OTHER GOVERNMENTAL AUTHORITY AUDIT, PENALTY AND/OR RISK AND/OR EXPENSES, ANY SITE OR APPS LINKED TO THE SITE, OR ANY OTHER MATERIALS, INFORMATION, PRODUCTS OR PRODUCTS CONTAINED ON ANY OR ALL SUCH LINKED SITES OR APPS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY EKN, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. IN NO EVENT WILL OUR LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY EKN, EXCEED THE TOTAL OF THE PURCHASE AND USE PRICES PAID BY YOU OR ON YOUR BEHALF FOR THE APPLICABLE MATERIALS INCLUDING WITHOUT LIMITATION, PRODUCTS FROM OUR VENDING MACHINES. WE HAVE SET ALL OF THE PRECEDING ITEMS PRICING BASED ON THESE LIMITATIONS, AND THEY FORM A MATERIAL PORTION OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE FOREGOING LIMITATIONS SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED FOR ITS ESSENTIAL PURPOSE. 

(a) IN THE EVENT OF ANY PROBLEM WITH THE SITE, ANY CONTENT ON OR AVAILABLE THROUGH IT, AND/OR ANY OF OUR VENDING MACHINES, YOUR SOLE REMEDY IS TO CEASE USING THEM. THE LIMITATIONS IN THIS SECTION 15 DON’T APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO APPLICABLE LAWS FOR ANY SUCH PROHIBITIONS.

  1. Revisions to these Terms of Use. These Terms of Use may be revised in our Discretion at any time and from time to time by updating them here. You should visit this page from time to time to review the then-current Terms of Use because they are a legally binding contract between you and us. You can tell when these Terms of Use were last updated by the “Effective Date” at the top of these Terms of Use. Certain provisions of these Terms of Use may be superseded by legal notices or terms located on other pages of the Site. Your continued use of the Site after any changes to these Terms of Use are posted is your unconditional acceptance of all of those changes. 
  2. Indemnification. You have a duty to fully and effectively indemnify and hold, on demand, to the broadest extent allowed by law, Company and each of Company’s former, present and future officers, directors, shareholders, agents, designees, employees, assignees, successors, independent contractors, assigns, administrators, principals, parents, subsidiaries, affiliates, divisions, partners, co-ventures, members and attorneys (“Affiliate(s)”) harmless, at your sole cost and expense, from and against any and all third party and other claims, liabilities, suits, losses, demands, actions, causes of action, notices, proceedings, disputes, costs, expenses, liens, encumbrances, disagreements, and notices EKN including without limitation, actual attorneys and accountancy fees and all costs EKN in any manner related to them in whole and in part (“Claim(s)”) occasioned by or arising out of any actual, alleged or anticipated breach of these Terms of Use by you or on your behalf , or by your use of any Materials available on or through the Site, or our vending machines. In the event of a Claim, we will give you immediate notice of it and you have a duty to immediately undertake at your sole cost and expense our legal representation related to that Claim, with competent, experienced counsel subject to our Approval.  You also have a duty to immediately upon demand reimburse us for any payment EKN made by or on behalf of us any time after the Effective Date with respect to any Claim to which the foregoing indemnity relates.  
  3. Choice of Law; Jurisdiction. These Terms of Use are governed by the laws of the State of California as they apply to agreements between California residents entered into and to be performed entirely within California, regardless of California’s or any other state’s or jurisdiction’s conflict of law rules. In the event that any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be contrary to law, they’re severed from these Terms of Use and all remaining provisions continue in full force and effect. 

(a) Any and all Claims between you and us arising out of, connected with, or related to these Terms of Use including without limitation, those relating to the arbitrability of these Terms of Use and the enforceability of this arbitration provision, will be brought for exclusive adjudication in our Discretion either: in the Federal or State Courts located in Los Angeles County, California, or for binding arbitration before a sole arbitrator by JAMS or another alternative dispute resolution entity of our Discretion (“AE”) located in Los Angeles County, California, subject to the rules of that AE as of the date of that Claim’s submission to that AE and further subject to the California Code of Civil Procedure sections relating to arbitration or alternative dispute resolution, as applicable.  If submitted to an AE: the costs and expenses of the arbitration will be split equally between you and us, until there is a “prevailing party”, as described below; and, you and we will each choose an arbitrator from the AE’s list within thirty (30) days after submission of the Claim to the AE. The two (2) chosen arbitrators will then together choose the sole arbitrator as soon thereafter as practicable. Should either you or we fail to choose an arbitrator within the thirty (30) days, then the other party has the sole right to choose the sole arbitrator. Judgment upon any award by the arbitrator may in our Discretion be entered in any California court having jurisdiction of it. This arbitration provision remains in full force and effect notwithstanding the nature of any Claim or defense to it.  You and we both waive any claim that the courts or an AE in Los Angeles County, California doesn’t have jurisdiction, or are an inconvenient forum. Any legal process in a Claim may, in addition to personal service, be served by a party as provided for in Section 21 below, and has the same force and effect as personal service within California. In the event of any Claim, In the event of any Claim, the prevailing party will be awarded its reasonable attorneys’ fees and all costs from the non-prevailing party. The court or arbitrator, as applicable, will determine who the prevailing party is, whether or not the Claim proceeds to final adjudication. The attorneys’ fees award will not be computed in accordance with any court or AE fee schedule, but so as to fully reimburse all attorneys’ fees reasonably incurred.   

(b) Nothing in this Section 18 is a waiver of any of our Remedies, or precludes us from either instituting a Claim in any jurisdiction or from joining you in a Claim brought by a Person against us in any jurisdiction, although our failure to join you in any Claim in one instance isn’t a waiver of any of our rights with respect to that Claim or any subsequent Claim brought by a Person against us. 

(c) A printed copy of the current version of these Terms of Use is admissible in any proceedings based upon or relating to these Terms of Use, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

(d) Any dispute resolution proceedings, whether in arbitration or court, can be conducted only on an individual basis, and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative, or private attorney general legal action.

  1. Termination. We have the irrevocable right to suspend or terminate your Account and/or your use of the Site and/or our vending machines at any time, for any reason or no reason, with or without notice. We also have the irrevocable right to change, suspend, or discontinue any or all aspects of the Site including but not limited to, links, for any reason or no reason, with or without notice.
  2. Intellectual Property Infringement; Digital Millennium Copyright Act Notice for Copyright Infringement.  We don’t permit intellectual property infringing activities on the Site. We may remove in our Discretion any and all Materials and/or User Content if we’re properly informed that any Materials and/or User Content infringe a third party’s intellectual property rights including but not limited to, intellectual property rights. We can terminate your ability to access or otherwise use the Site or to submit User Content if, under appropriate circumstances, it’s determined that you are submitting or have submitted User Content and/or other materials that infringe another Person’s intellectual property rights. 

(a) If you’re a copyright or trademark owner or an authorized agent for that owner and believe that any Materials posted on the Site by third parties infringes on those copyrights and/or trademarks, you may notify us by providing all the following information in writing:

(1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright or trademark right that is allegedly infringed and the month, day, year, city, state, province and/or country where its signed;

(2) identification of one or more URL locations where the original or an authorized copy of the copyrighted work or trademark exists;

(3) a description of the infringing activity and identification of the materials that are claimed to be infringing, the email address, website, URL, WHOIS data, and any other information where the claimed infringement is taking place, reasonably sufficient to allow us to locate it;

(4) information reasonably sufficient to permit us to contact you, such as your name, mailing address, telephone number and if available, an email address;

(5) a statement that you have a good faith belief that use of the Materials in the manner you complain of is not authorized by the copyright or trademark owner, its agent or the law; 

(6) a statement that you have considered whether the Materials that is claimed to be infringing constitutes a “fair use” under federal copyright or trademark law, before sending this takedown notification; 

(7) true and correct copies of copyright and/or trademark registration certificates for work(s) and/or trademark(s) claimed to be infringed; and,

(8) a statement that you swear under penalty of perjury that the information in your notification is accurate and that you are either the owner or authorized to act on behalf of the owner of, an exclusive copyright or trademark right that is allegedly infringed.

Our agent for notice of claims of copyright and trademark infringement can be reached as follows:

By Mail:

5856 Adams Blvd.

Culver City, CA 90232

By Email: info@shopcbdnear.com

If you fail to comply with all of the requirements above, your notice may not be valid.

A notice to us of alleged infringement of any other type of intellectual property should be done as above.

  1. Notices To You. Notices to you may be made via posting to your Site Account, by providing links to such notices, by email, text, by messenger or by other confirmed delivery service (for example, Federal Express or UPS) (“Delivery Service”), in our Discretion (in the latter three situations, via your most recent address that we have on file). Posted notices are effective on posting.  Notices emailed, texted or sent to you by Delivery Service are effective on the date of your receipt, provided that we receive written or printed confirmation of your successful receipt.
  2. Entire Contract; Miscellaneous, But Important Too. These Terms of Use are the entire contract between you and us and supersede any prior contract, whether written or oral, express or implied, relating to the subject matter of these Terms of Use. No waiver, modification, or amendment of these Terms of Use is effective against us unless made by us, or in writing and signed by an authorized representative of us. We don’t waive any power or right EKN under these Terms of Use or otherwise, even if we don’t always insist on strict compliance with any of it, or if we delay or fail to exercise any power or right EKN given to us in these Terms of Use or otherwise. All our rights and Remedies are cumulative and not exclusive of any other rights or Remedies EKN. In the event that any provisions of these Terms of Use are held invalid or unenforceable by a tribunal of competent jurisdiction, the remaining provisions continue in full force and effect. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without our Approval. These Terms of Use are binding on you and your executors, heirs, successors and Approved assigns. All Section headings in these Terms of Use are for convenience only and don’t define or explain any section or provision.  

Should you have any questions concerning these Terms of Use, or if you want to contact us for any reason not provided for above,

please write to us at:

CBD Near Me

Attn: Customer Service

5856 Adams Blvd.

Culver City, CA 90232

 

or email us at info@shopcbdnear.com

This site/app © 2019 Direct VM, LLC, unless otherwise noted. All rights reserved.

END OF TERMS OF USE.

 

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