Terms and Conditions
IMPORTANT! THESE TERMS and CONDITIONS GOVERN YOUR USE OF THIS WEBSITE https://www.medechocbd.com/ (the “SITE” or “site”), WHICH IS PROVIDED BY MEDECHO PRODUCTS, LLC., ITS AFFILIATES OR AGENTS (referred to as “MEDECHO,” “COMPANY,” “US,” “WE,” or “OUR” below), AND APPLY TO ALL USERS VISING THE SITE BY ACCESS OR USING THE SITE IN ANY WAY, INCLUDING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE SITE (EACH A “CONDITION”). BY ACCESSING THIS SITE, COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE SITE, AND/OR PURCHASING PRODUCTS FROM THE SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS and CONDITIONS. YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS and CONDITIONS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS and CONDITIONS PERSONALLY OR ON BEHALF OF COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THE TERMS and CONDITIONS. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU’RE REGISTERED ON THE SITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS and CONDITIONS, YOU MAY NOT ACCESS OR USE THIS SITE.
PLEASE BE AWARE THAT THE DISPUTE RESOLUTION SECTION, FOUND AT THE END OF THIS AGREEMENT, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF FLORIDA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.
Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms and Conditions or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms and Conditions are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms and Conditions and any applicable Supplemental Terms are referred to herein as the “Terms and Conditions.”
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY COMPANY IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Company will make a new copy of the Terms and Conditions available at the site and any new Supplemental Terms will be made available from within, or through, the affected Service on the site. We will also update the “Last Updated” date at the top of the Terms and Conditions. If we make any material changes, and you have registered with us to create an Account (as defined in the Registration section below) we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. Any changes to the Terms will be effective immediately for new users of the site and/ or Services and will be effective thirty (30) days after posting notice of such changes on the site for existing users, provided that any material changes shall be effective for users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the site or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users (defined in the Registration section below). We may require you to provide consent to the updated Terms in a specified manner before further use of the site and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the site and/or the Services. Otherwise, your continued use of the site and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.
PRODUCT RETURNS
PRODUCT RETURNS
Please see our Returns and Exchange Policy for details about returns, exchanges and refunds.
PRIVACY POLICY
PRIVACY POLICY
Please see our Privacy Policy for additional terms that govern your use of this web site.
SHIPPING AND DELIVERY
SHIPPING AND DELIVERY
SITE ACCESS
SITE ACCESS
- Use of the Services and Company Properties. The Site, the Services, the Content (defined in the License to Use the Site section), and the information and content available on the site and in the Services (as these terms are defined herein) (collectively, the “Company Properties”) are protected by U.S. copyright laws. Subject to the Terms and Conditions, Company grants you a limited license to reproduce portions of Company Properties for the sole purpose of using the Services for your personal or internal business purposes.
- Registration. Registering Your Account. In order to access certain features of Company Properties you may be required to become a Registered User. For purposes of the Terms and Conditions, a “Registered User” is a user who has registered an account on the site (“Account”).
- Security. Any passwords used for the Account for this site are for individual use only. You will be responsible for the security of your password (if any) and you agree to accept responsibility for all activities that occur under your account or password. We have the right to monitor your password and, at our discretion, require you to change it. If you use a password that we consider insecure, we will have the right to require the password to be changed and/or terminate your Account. You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, we have the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. We reserve the right to investigate suspected violations of these Terms and Conditions, and we reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any Submission that is believed to violate these Terms and Conditions.
- Registration Data. In registering an account on the site, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least eighteen (18) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using Company Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Company Properties by minors. You may not share your Account or password with anyone, and you agree to (1) notify Company immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your Account and refuse any and all current or future use of Company Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account. Company reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use Company Properties if you have been previously removed by Company, or if you have been previously banned from any of Company Properties.
- Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and make ready to the benefit of Company.
- Fees and Payment Terms. Payment. You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide Company with a valid credit card (Visa, MasterCard, Discover or any other issuer accepted by us). By providing Company with your credit card number and associated payment information, you agree that Company, and its third-party service provides for payment services, Zoho Corporation, Merchant Industries and Authtorized.net as the third party service providers for payment services are authorized to immediately invoice your Account for all fees and charges due and payable to Company hereunder and that no additional notice or consent is required. You agree to immediately notify Company of any change in your billing address or the credit card used for payment hereunder. Company reserves the right at any time to change its prices and billing methods, either immediately upon posting on Company Properties or by e-mail delivery to you.
- Taxes. Company’s fees are net of any applicable Sales Tax. If any Services, or payments for any Services, under the Terms and Conditions are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Company, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Company for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that Company is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
- Withholding Taxes. You agree to make all payments of fees to Company free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to Company will be your sole responsibility, and you will provide Company with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.
- Third Party Provider. The Company uses Zoho Corporation, Merchant Industries and Authorized.net as the third party service providers for payment services (e.g., card acceptance, merchant settlement, and related services). By buying on the Company Properties, you agree to be bound by Zoho’s Privacy Policy (https://www.zoho.com/privacy.html), Merchant Industries’ Privacy Policy (https://www.merchantindustry.com/privacy-policy/) and Authorized.net’s Privacy Policy (https://usa.visa.com/legal/global-privacy-notice.html) and hereby consent and authorize the Company and Zoho Corporation, Merchant Industries and Authorized.net to share any information and payment instructions you provide with Third Party Service Provider(s) to the minimum extent required to complete your transactions.
PAYMENT
PAYMENT
Charges to your credit card will appear as "MEDECHO PRODUCTS LLC".
LICENSE TO USE THE SITE
LICENSE TO USE THE SITE
Subject to your compliance with these Terms and Conditions, we or our content providers (as applicable) grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the materials and content (collectively, the “Content”) on this Site. This license does not allow you to resell or make any commercial use of the Site, its Contents or our products sold through the Site; make any derivative use of any of our Content; download, copy, or other use any account information for the benefit of any third party; or use any data mining, robots, or similar data gathering and/or extraction tools. All rights not expressly granted to you in these Terms and Conditions are reserved and retained by us or our licensors, suppliers, publishers, rights-holders, or other content providers. No Content on, or product sold through, this Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior express written consent. You may not misuse our products or Content. You may use our Site only as permitted by law and these Terms and Conditions. The licenses we have granted you terminate if you do not comply with these Terms and Conditions.
RESTRICTIONS ON USE
RESTRICTIONS ON USE
PROPRIETARY INFORMATION
PROPRIETARY INFORMATION
The Content accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by us is our proprietary information or the proprietary information of the party that provided the Content to us, and we or the party that provided the Content to us retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, displayed or transmitted in any way without our prior written consent, or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms and Conditions violates our intellectual property rights. You do not obtain title or any rights, including but not limited to intellectual property rights, to any of the Content as a result of accessing this site.
HYPERLINKS
HYPERLINKS
This site may be hyperlinked to other sites which are not maintained by, or related to, us. Hyperlinks to such sites are provided as a service to our users and are not sponsored by or affiliated with this site or with us. We have not reviewed such sites and are not responsible for the Content of those sites. Hyperlinks are to be accessed at your own risk, and we make no representations or warranties about the Content, completeness or accuracy of these hyperlinks or the sites hyperlinked to this site. Further, the inclusion of any hyperlink to a third-party site does not necessarily imply that we endorse that site.
HEALTH INFORMATION
HEALTH INFORMATION
Any statements on this site or any materials or products we distribute or sell have not been evaluated by the Food and Drug Administration (“FDA”). Neither the products nor the ingredients in any of the products available on the site have been approved or endorsed by the FDA or any regulatory agency. The products on the site are not intended to diagnose, treat, cure or prevent any disease. The information on this site or other materials we may provide to you are designed for educational purposes only and are not intended to be a substitute for informed medical advice or care. This information should not be used to diagnose or treat any health problems or illnesses without consulting a doctor. If you are pregnant, nursing, taking medication, or have a medical condition, we suggest consulting with a physician before using any of our products.
DRUG SCREENING
DRUG SCREENING
Most workplace drug screens and tests target delta9-tetrahydrocannabindol (THC) and do not detect the presence of other legal natural hemp-based constituents. We work with suppliers who guarantee a less than or equal to 0.3% THC content (i.e., our products only contain a trace amount of THC). However, we cannot guarantee that consumers of any CBD products will not test positive for THC when subject to a THC screening. Accordingly, if you are subject to any form of drug testing or screening, we recommend (as does the United States Armed Services ) that you do not ingest our products. Prior to consuming these products consult with your healthcare practitioner, drug screening /screening/testing company or employer. We do not take responsibility and we will not be liable in the instance a customer fails a drug test while taking these products.
SUBMISSIONS
SUBMISSIONS
You hereby grant to us and our affiliates a license-free, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, transferable, fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all Content, remarks, suggestions, ideas, graphics, or other information you communicate to us through this site (together, the “Submission”) throughout the world in any media, and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You represent and warrant that you own or control all of the rights to your Submissions. We will not be required to treat any Submission as confidential, and may use any Submission in our business (including, but not limited to, for products or advertising) without incurring any liability for royalties or any other compensation of any kind, and we will not incur any liability as a result of any similarities that may appear in our future operations. We will treat any personal information that you submit through this site in accordance with our Privacy Policy as set forth on this site.
DISCLAIMER
DISCLAIMER
LIMITATION OF LIABILITY
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL COMPANY PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH COMPANY PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF COMPANY PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE COMPANY PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH COMPANY PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON COMPANY PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO COMPANY PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
LIABILITY CAP
LIABILITY CAP
INDEMNITY
INDEMNITY
You will indemnify and hold us and our subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (collectively, the “Indemnified Parties”) harmless from loss, damages, judgments, awards, costs, expenses, attorney’s fees and expert witness fees (collectively, “Losses”) relating to or arising out of: (i) any breach of these Terms and Conditions by you, including any use of Content other than as expressly authorized in these Terms and Conditions; (ii) your Submissions to, use of or inability to use, the Company Properties; (iii) your use of the products purchased on the site; or (iv) violation of any applicable laws, rules or regulations. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, attorney’s fees and expert witness fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site or the purchase of any products. You agree that the provisions in this section will survive any termination of your Account, the Terms and Conditions or your access to Company Properties.
OWNERSHIP; TRADEMARKS AND COPYRIGHTS
OWNERSHIP; TRADEMARKS AND COPYRIGHTS
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
- An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
- Identification of the copyrighted work (or works) that you claim has been infringed;
- A description and identification of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the Site where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
- A clear description of where the infringing material is located on our site, including as applicable its URL, so that we can locate the material;
- Your contact information, including your name, address, telephone number, and e-mail address;
- A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.thorized to act on the copyright owner’s behalf.
INFORMATION YOU MAY NOT POST, PUBLISH, ETC.
INFORMATION YOU MAY NOT POST, PUBLISH, ETC.
- you do not have the right to post, including proprietary material of any third party;
- advocates illegal activity or discusses an intent to commit an illegal act;
- is vulgar, obscene, pornographic, or indecent;
- does not pertain directly to this site;
- threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
- seeks to exploit or harm any person by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
- violates any law or may be considered to violate any law;
- impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the Content; advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
- solicits funds, advertisers or sponsors;
- includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
- disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
- includes MP3 format files;
- amounts to a ‘pyramid’ or similar scheme;
- disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
- contains hyperlinks to other sites that contain Content that falls within the descriptions set forth above.
U.S. LAW APPLIES
U.S. LAW APPLIES
DISPUTE RESOLUTION
DISPUTE RESOLUTION
- Electronic Communications. The communications between you and Company use electronic means, whether you visit Company Properties or send Company e-mails, or whether Company posts notices on Company Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Company in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
- Release. You hereby release Company Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) your use of Company Properties, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Terms and Conditions or your use of Company Properties; and (ii) any action taken by us during or as a result of our investigations and/or from any actions taken as a consequence of investigations by us or others, including law enforcement authorities. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor. The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Company Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site or any Services provided hereunder.