Effective Date: December 16, 2019
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.
- 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.
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“).
- 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.
(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.
- 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.
(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;
(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.
- 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.
- 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.
(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.
(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.
- Pricing and Availability.
(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.
- 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.
- 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 [email protected] 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.
- 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.
- 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.
- 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.
(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.
- 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.
(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.
(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.
(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.
- 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.
- 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:
5856 Adams Blvd.
By Email: [email protected]
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.
- 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.
please write to us at:
CBD Near Me
Attn: Customer Service
5856 Adams Blvd.
or email us at [email protected]
This site/app © 2019 Direct VM, LLC, unless otherwise noted. All rights reserved.