TERMS AND CONDITIONS
Any statements on this site or any materials or supplements distributed or sold by has not beenevaluated by the Food and Drug Administration. This product is not intended to diagnose, treat,cure or prevent any disease. If you are pregnant, nursing, taking medication, or have a history ofheart conditions we suggest consulting with a physician before using any of our products. Theresults on all products are not typical and not everyone will experience these results.
In order to obtain your refund, contact customer service by phone and obtain an ReturnMerchandise Authorization ("RMA") number to place on your package. Write this number on theoutside of the shipping package, and send the unopened product back to our fulfillment centerat the address listed below within 30 days of the date you originally ordered the product. Inorder for your refund to be processed the product must arrive at our fulfillment center within 30days of the original purchase date. You pay for return shipping. There is a $4.95 restocking feeper unit you returned by you. You expressly consent to us retaining this restocking fee out of themoneys you are entitled to receive as a refund. Once the package is received, you will beissued a refund. Your refund will be credited back to your bank account, and may take up to7-10 business days to show in your statement, depending on the speed of the processing bank.Any opened product cannot be returned. You will be charged for any opened or used product.Also, any discount or refund agreed upon with any of our customer service representatives isconsidered a final sale.
TERMS OF SERVICE
This Terms of Service ("TOS") is a legally binding agreement made by andbetween ("we" or "us") and you, personally and, if applicable, on behalf ofthe entity for whom you are using this web site (collectively, "you"). ThisTOS governs your use of the web site ("Web Site") and the services weoffer on the Web Site ("Services"), so please read it carefully. BYACCESSING OR USING ANY PART OF THE WEB SITE, YOU AGREETHAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUNDBY THIS TOS. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOTACCESS OR USE THE WEB SITE.INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES, AND REGULATIONS CHANGEFREQUENTLY. ACCORDINGLY, WE RESERVE THE RIGHT TO MAKECHANGES TO THIS TOS AT ANY TIME. YOUR CONTINUED USE OFTHE WEB SITE CONSTITUTES ASSENT TO ANY NEW OR MODIFIEDPROVISION OF THIS TOS THAT MAY BE POSTED ON THE WEB SITE.
1. Using the Web Site.(a) Eligibility. Except as expressly provided below,Services may only be used by, and Membership is limited to, individualswho can form legally binding contracts under applicable law. Withoutlimitation, minors are prohibited from becoming Members and, except asspecifically provided below, using fee-based Services. Membership isdefined by engaging in a purchase agreement with wherein you, theconsumer purchase one of the products found on the Web Site.(b)Compliance. You must comply with all of the terms and conditions of thisTOS, the policies referred to below, and all applicable laws, regulationsand rules when you use the Web Site.(c) License and Restrictions. Subjectto the terms and conditions of this TOS, you are hereby granted a limited,non-exclusive right to use the content and materials on the Web Site in thenormal course of your use of the Web Site. You may not use any thirdparty intellectual property without the express written permission of theapplicable third party, except as permitted by law. The Website will retainownership of its intellectual property rights and you may not obtain anyrights therein by virtue of this TOS or otherwise, except as expressly setforth in this TOS. You will have no right to use, copy, display, perform,create derivative works from, distribute, have distributed, transmit orsublicense from materials or content available on the Web Site, except asexpressly set forth in this TOS. You may not attempt to reverse engineerany of the technology used to provide the Services.(d) Prohibited Conduct.In your use of the Web Site and the Services, you may not: (i) infringe anypatent, trademark, trade secret, copyright, right of publicity or other right ofany party; (ii) defame, abuse, harass, stalk any individual, or disrupt orinterfere with the security or use of the Services, the Web Site or any websites linked to the Web Site; (iii) interfere with or damage the Web Site orServices, including, without limitation, through the use of viruses, cancelbots, Trojan horses, harmful code, flood pings, denial of service attacks,packet or IP spoofing, forged routing or electronic mail address informationor similar methods or technology; (iv) attempt to use another user'saccount, impersonate another person or entity, misrepresent youraffiliation with a person or entity, including (without limitation) the Websiteor create or use a false identity; (v) attempt to obtain unauthorized accessto the Web Site or portions of the Web Site that are restricted from generalaccess; (vi) engage, directly or indirectly, in transmission of "spam," chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect,manually or through an automatic process, information about other userswithout their express consent or other information relating to the Web Siteor the Services; (viii) use any meta tags or any other "hidden text" utilizingthe name, trademarks, or product names; (ix)advertise, offer to sell, or sell any goods or services, except as expresslypermitted by the Website; (x) engage in any activity that interferes with anythird party's ability to use or enjoy the Web Site or Services; or (xi) assistany third party in engaging in any activity prohibited by this TOS.(e) OtherUsers. If you become aware of any conduct that violates this TOS, Weencourage you to contact Customer Service. We reserve the right, but willhave no obligation, to respond to such communications.
2. Your Content.(a) License. By posting, storing, or transmitting any content on or to theWebsite, you hereby grant us a perpetual, worldwide, non-exclusive,royalty-free, sub-licensable, right and license to use, copy, display,perform, create derivative works from, distribute, have distributed, transmitand sublicense such content in any form, in all media now known orhereinafter created, anywhere in the world. You hereby irrevocably waiveany claims based on moral rights or similar theories, if any.(b)Objectionable Content. We do not have the ability to control the nature ofthe user-generated content offered through the Web Site. You are solelyresponsible for your interactions with other users of the Web Site and anycontent that you post. We will not be liable for any damage or harmresulting from any content or your interactions with other users of the WebSite. We reserve the right, but have no obligation, to monitor interactionsbetween you and other users of the Web Site and take any other action torestrict access to or the availability of any material that we or another userof the Web Site may consider to be obscene, lewd, lascivious, filthy,excessively violent, harassing or otherwise objectionable (including,without limitation, because it violates this TOS).
3. Accuracy of Information.We attempt to ensure that the information on the Web Site is completeand accurate; however, this information may contain typographicalerrors, pricing errors, and other errors or inaccuracies. We assumeno responsibility for such errors and omissions, and reserve the rightto: (i) revoke any offer stated on the Web Site; (ii) correct any errors,inaccuracies or omissions; and (iii) make changes to prices, content,promotions, product descriptions or specifications, or other information on the Web Site.
4. Sales Tax.If you purchase any products available on the Web Site ("Products"), youwill be responsible for paying any applicable sales tax indicated on theWeb Site.
5. Fraud.We reserve the right, but undertake no obligation, to actively reportand prosecute actual and suspected credit card fraud. We may, in ourdiscretion, require further authorization from you such as a telephoneconfirmation of your order and other information. We reserve the rightto cancel, delay, refuse to ship, or recall from the shipper any order iffraud is suspected. We capture certain information during the orderprocess, including time, date, IP address, and other information thatwill be used to locate and identify individuals committing fraud. If anyWeb Site order is suspected to be fraudulent, we reserve the right, butundertake no obligation, to submit all records, with or without a subpoena,to all law enforcement agencies and to the credit card company forfraud investigation. We reserve the right to cooperate with authorities toprosecute offenders to the fullest extent of the law.
6. Intellectual Property Rights.(a) Copyright. All materials on the Web Site, including without limitation,the logos, design, text, graphics, other files, and the selection andarrangement thereof are either owned by us or are the property of oursuppliers or licensors or other companies. You may not use such materialswithout permission.(b) Trademarks. Cachet hemp Oils is a tradename we own. The related design marks, and other trademarks on theWeb Site are owned by us. Page headers, custom graphics, button iconsand scripts are trademarks or trade dress we own. You may not use any ofthese trademarks, trade dress, or trade names without our express writtenpermission.
7. Third Party Websites.may contain links to other websites on the Internet that are owned andoperated by third parties. We do not control the information, productsor services available on these third party websites. The inclusion of anylink does not imply our endorsement of the applicable website or anyassociation with the website's operators. Because we have no controlover such websites and resources, you agree that we are not responsibleor liable for the availability or the operation of such external websites,for any material located on or available from any such websites or forthe protection of your data privacy by third parties. Any dealings with,or participation in promotions offered by, advertisers on the Website,including the payment and delivery of related goods or services, and anyother terms, conditions, warranties or representations associated withsuch dealings or promotions, are solely between you and the applicableadvertiser or other third party. You further agree that we shall not beresponsible or liable, directly or indirectly, for any loss or damage causedby the use of or reliance on any such material available on or through anysuch site or any such dealings or promotions.
8. Linking and Framing.You may not deep link to portions of the Web Site, or frame, inline link, orsimilarly display any of our property, including, without limitation, the WebSite. You may not use any of our logos or other trademarks as part of alink without express written permission.
9. Comments.All comments, feedback, suggestions, ideas, and other submissions thatyou disclose, submit or offer to us in connection with your use of the WebSite will become our exclusive property. Such disclosure, submissionor offer of any Comments shall constitute an assignment to us of allworldwide right, title and interest in all patent, copyright, trademark,and all other intellectual property and other rights whatsoever in and tothe Comments and a waiver of any claim based on moral rights, unfaircompetition, breach of implied contract, breach of confidentiality, and anyother legal theory. You will, at our cost, execute any documents to affect,record, or perfect such assignment. Thus, we will own exclusively allsuch right, title and interest and shall not be limited in any way in the use,commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are andwill be under no obligation: (i) to maintain any Comments in confidence;(ii) to pay to you or any third party any compensation for any Comments;or (iii) to respond to any Comments. You are and shall remain solelyresponsible for the content of any Comments you make.
10. Indemnification.You agree to defend, indemnify and hold the Web Site, and itssubsidiaries, affiliates, and their directors, officers, agents, members,shareholders, co-branders or other partners, employees, and AdPartners harmless from any liabilities, losses, actions, damages, claimsor demands, including reasonable attorneys' fees, costs and expenses,made by any third party directly or indirectly relating to or arising out of(a) content you provide to the Web Site or otherwise transmit or obtainthrough the Service, (b) your use of the Service, (c) your connection to theService, (d) your violation of this Agreement, (e) your violation of any rightsof another or (f) your failure to perform your obligations hereunder. If youare obligated to provide indemnification pursuant to this provision, we may,in our sole and absolute discretion, control the disposition of any Claimat your sole cost and expense. Without limitation of the foregoing, youmay not settle, compromise, or in any other manner dispose of any Claimwithout our consent.
11. DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.(a) DISCLAIMER OF WARRANTIES. WE PROVIDE THE WEB SITE, THEPRODUCTS, AND SERVICES ON AN "AS IS" AND "AS AVAILABLE"BASIS. WE DO NOT REPRESENT OR WARRANT THAT THEPRODUCTS, THE WEB SITE, THE SERVICES, ITS USE, ANYINFORMATION ON IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II)WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILLMEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THECONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOUUSE. WE MAKE NO WARRANTIES OTHER THAN THOSE MADEEXPRESSLY IN THIS TOS, AND HEREBY DISCLAIM ANY AND ALLIMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION,WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE,MERCHANTABILITY AND NON-INFRINGEMENT.(b) DISCLAIMER OFFORWARD-LOOKING STATEMENTS. THIS WEB SITE MAY CONTAINFORWARD-LOOKING STATEMENTS THAT REFLECT OUR CURRENTEXPECTATION REGARDING FUTURE EVENTS AND BUSINESSDEVELOPMENT. THE FORWARD-LOOKING STATEMENTS INVOLVE RISKS AND UNCERTAINTIES. ACTUAL DEVELOPMENTS ORRESULTS COULD DIFFER MATERIALLY FROM THOSE PROJECTEDAND DEPEND ON A NUMBER OF FACTORS, SOME OF WHICH AREOUTSIDE OUR CONTROL.(c) HEALTH RELATED INFORMATION. WEPROVIDE INFORMATION ON THE WEB SITE FOR INFORMATIONALPURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THEADVICE OF A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL.YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON ORTHROUGH THE WEB SITE FOR DIAGNOSING OR TREATING AMEDICAL CONDITION. YOU SHOULD CAREFULLY READ ALLPRODUCT INSTRUCTIONS PRIOR TO USE.(d) PRODUCTS. ALLPRODUCTS ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIESOF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, ANDSUPPLIERS, IF ANY, PROVIDED IN THE PRODUCT PACKAGING. TOTHE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WEHEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHEREXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANYIMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WEHEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCTDEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR,PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPERPRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, ORMISAPPROPRIATION (e) EXCLUSION OF DAMAGES. WE WILL NOTBE LIABLE TO YOU OR ANY THIRD PARTY FOR ANYCONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIALDAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATINGTO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISINGOUT OF, RELATING TO OR CONNECTED WITH THE USE OF THEWEB SITE OR PRODUCTS, REGARDLESS OF THE CAUSE OFACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES OCCURRING.(f) LIMITATION OFLIABILITY. IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISINGFROM, RELATING TO, OR IN CONNECTION WITH THIS TOS(INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE WEBSITE, OR THE PRODUCTS) EXCEED THE GREATER OF $100 OR THEAMOUNT THAT YOU PAID FOR THE PRODUCTS.
12. Force Majeure.You acknowledge and understand that if the Web Site is unable to provide the Products as a result of a force majeure event the Website will not be inbreach of any of its obligations towards You under these Terms of Service.A force majeure event means any event beyond the control of the Website.THE WEBSITE SHALL NOT HAVE ANY LIABILITY TO YOU WHETHERIN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), ORANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITSOBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THATSUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.
13. Domestic Use; Export Restriction.We control the Web Site from our offices within the United States ofAmerica. We make no representation that the Web Site or its content(including, without limitation, any products or services available onor through the Web Site) are appropriate or available for use in otherlocations. Users who access the Web Site from outside the United Statesof America do so on their own initiative and must bear all responsibility forcompliance with local laws, if applicable. Further, the United States exportcontrol laws prohibit the export of certain technical data and software tocertain territories. No content from the Web Site may be downloaded inviolation of United States law.
14. Arbitration.All disputes arising out of or relating to this TOS (including its formation,performance or alleged breach) or your use of the Web Site will beexclusively resolved under confidential binding arbitration held in Las Vegas,NV before and in accordance with the Rules of the American ArbitrationAssociation. The arbitrator's award will be binding and may be enteredas a judgment in any court of competent jurisdiction. To the fullest extentpermitted by applicable law, no arbitration under this TOS will be joinedto an arbitration involving any other party subject to this TOS, whetherthrough class arbitration proceedings or otherwise. Notwithstanding theforegoing, we will have the right to seek injunctive or other equitable reliefin state or federal court located in Clark County, Nevada to enforcethis TOS or prevent an infringement of a third party's rights. In the eventequitable relief is sought, each party hereby irrevocably submits to thepersonal jurisdiction of such court.
15. Waiver of Class Action Rights.BY ENTERING INTO THIS TOS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSEOF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILARPROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATINGTO, OR CONNECTED WITH THIS TOS MUST BE ASSERTEDINDIVIDUALLY.
16. Limitation of Actions.You acknowledge and agree that, regardless of any statute or law to thecontrary, any claim or cause of action you may have arising out of, relatingto, or connected with your use of the Web Site, must be filed within onecalendar year after such claim or cause of action arises, or forever bebarred.
18. Termination.We will have the right to terminate your access to the Web Site if wereasonably believe you have breached any of the terms and conditionsof this TOS. Following termination, you will not be permitted to use theWeb Site and we may, in our discretion, cancel any outstanding ProductOrders. If your access to the Web Site is terminated, we reserve the rightto exercise whatever means we deem necessary to prevent unauthorizedaccess to the Web Site, including, but not limited to, technological barriers,IP mapping, and direct contact with your Internet Service Provider. ThisTOS will survive indefinitely unless and until we choose to terminate it,regardless of whether any account you open is terminated by you or us orifyou have the right to access or use the Web Site.
19. This TOS contains the entire understanding between you and us regardingthe use of the Web Site, and supersedes all prior and contemporaneousagreements and understandings between you and us relating thereto.
20. Additional Terms. This TOS will be binding upon each party hereto and its successors andpermitted assigns, and governed by and construed in accordance with thelaws of the State of Nevada without regard for conflict of law principles.This TOS and all of your rights and obligations under them may not beassignable or transferable by you without our prior written consent. Nofailure or delay by a party in exercising any right, power or privilege underthis TOS will operate as a waiver thereof, nor will any single or partialexercise of any right, power or privilege preclude any other or furtherexercise thereof or the exercise of any other right, power, or privilegeunder this TOS. You are an independent contractor, and no agency,partnership, joint venture, or employee-employer relationship is intended orcreated by this TOS. The invalidity or unenforceability of any provision ofthis TOS will not affect the validity or enforceability of any other provisionof this TOS, all of which will remain in full force and effect.
21. Representations.You hereby represent and warrant that:(1) You are age eighteen (18) or older.(2) You have read this Agreement and thoroughly understand the terms contained.
22. Membership fees for the VIP Membership are one-time payments (except where identified as otherwise). Your Membership begins upon payment of a first installment of Membership fees. The one-time payment is charged on the same day of the month that the Membership began. Prices for Member Services may change at any time. Ex. ($83.50, $83.66, $83.99) and we do not provide price protection or refunds in the event of a price reduction or promotional offering. You agree to pay for any Member Services that you order. We will charge your credit card or other form of payment for the price listed on the relevant Membership offer.
You can cancel your Membership at any time. You may cancel the Membership any time before the end of the current billing period and the cancellation will take effect on the next billing period, except as otherwise communicated to you by us. You will retain access to the Membership from the time you cancel until the start of the next billing period, and will not receive a refund or credit for any remaining days in your current billing period. Subscription fees paid are final and nonrefundable, unless otherwise determined by us.
23. We will collect the Total Due at the time of purchase. Payments may offer alternative options for the timing and manner of payment. For example, in some cases, purchases may be required to be paid in a reduced amount (i.e. $19.15, $21.10) if the initial transaction is declined. However, these payments still abide by all terms & conditions outlined by our VIP membership policy.