Terms and conditions
1. Acceptance of the Terms
You agree to be bound by these Terms in full, without limitation or qualification, each time you use the Website or buy products from the Website. You represent and warrant that you have the legal authority to agree to and accept these Terms on behalf of yourself and any entity you purport to represent.
The Website, including without limitation, all information, products and services available in or through the Website are subject to specific terms and conditions, important legal notices, warnings and restrictions. Details of specific terms and conditions, important legal notices, warnings and restrictions are set out on the pages to which they relate. You should read those details carefully before proceeding as they are important.
2. Changes to the Terms
We may, in its discretion, revise these Terms at any time. Where this occurs, we will post any update to the Terms on the Website. Where required by applicable law, we will notify you by email or other method through the contact information provided in your Account (defined below) or other opt-in communication, if and when these Terms are updated. Changes to the Terms will become in effect ten (10) days after the new Terms are posted. Thus, users are encouraged to visit the Website and/or Terms periodically to review the Terms. You understand and agree that if you use the Website after such date, we will treat your use as acceptance of the updated Terms.
To make a purchase on the Website or have access to certain areas and features on the Website, you must create an account (an “Account”) by using a login name and password (“Credentials”) by following the process set out on the Website. In order to create an Account, you may have to provide some information about yourself to us, such as your name, address, password, e-mail address, mobile number, and valid method of payment. To be clear, the creation of an Account, the login to your Account, any purchase of a product as a guest or Account holder constitutes your acceptance and agreement to these Terms.
You agree to provide and to maintain accurate, complete and up-to-date information in your Account. You are responsible for maintaining the confidentiality of your Account and your Credentials, which includes not disclosing your Account and Credentials to any person (other than us). You agree to immediately notify us, using the contact information provided above, of any authorized use of your Account or Credentials, any other breach of security, or any suspicion of such unauthorized use. We are not obligated to verify the identity or authority of any person using your Credentials to use the Website and have the right to rely on the authority of any person using your Credentials. You are responsible for any action taken under your Credentials, regardless of whether you authorized the action. We may in its discretion, at any time, require additional proof of identity from any person seeking to use the Website or to make a purchase on the Website, and may deny such use or purchase, or refuse to act upon any communication of a person if we are not satisfied with such proof or if you refuse to provide proof of identity.
SOME ASPECTS OF THE WEBSITE INCLUDING THE PRODUCTS AND SERVICES OFFERED ARE OR MAY BE REGULATED UNDER APPLICABLE LAWS. BY REGISTERING AN ACCOUNT AND PURCHASING SUCH PRODUCTS OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE NOT AWARE OF ANY REASON WHY YOUR PURCHASE AND USE OF THE SERVICES OR PRODUCTS WOULD VIOLATE ANY APPLICABLE LAWS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT OPEN AN ACCOUNT, LOGIN TO YOUR ACCOUNT, OR PURCHASE ANY PRODUCT OR SERVICES.
4. Sale of Products and Services
You understand and agree that we may, at our sole discretion, elect to not accept or complete a purchase request for failure to comply with applicable law or if we identify a safety or any concern of any kind. All sales are subject to availability, which may in some circumstances change during checkout, payment and confirmation processes associated with a given order. Prices for all products are indicated on the Website and are subject to change without notice.
While we make reasonable efforts to ensure that the information on the Website is accurate, current or complete at the time of inclusion, we assume no liability or responsibility for errors or omissions in the Website and we make no commitment to update the Website. We reserve the right to (a) correct any error or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised on the Website; the specifications; prices; products; services; promotional offers and any other Website content without any notice or liability to you or any other person; (c) refuse any order you place, through the Website or otherwise and (d) limit quantities available for sale or sold. The advertisements on the Website are invitations to make offers to purchase products and services and are not offers to sell. You acknowledge and agree that we shall have no liability for refusing to provide any service or product available through the Website.
Pungent Greens reserves the right to limit the sales of our products to any person, geographic region or jurisdiction. In addition Pungent Greens also reserves the right to limit the quantities of any products or services that are offered and subsequently sold. All descriptions of products or product pricing are subject to change at anytime without notice, in Pungent Greens sole discretion.
5. Prices, Delivery, Return, and Exchanges
Unless otherwise stated, all prices are in United States dollars. Applicable sales taxes and shipping fees will be added prior to purchase as indicated in the details that will be provided during confirmation of a purchase. You are responsible for paying all costs, fees and applicable taxes for products at the time of the transaction with a valid payment method. If your payment method fails, or your Account otherwise becomes past due, we may collect fees owed using other collection mechanisms.
6. Health Care Disclaimer
The content, products and services offered herein are for informational use only. Nothing in the content, products or services should be considered, or used as a substitute for, medical advice, diagnosis or treatment. This Website and its services do not constitute the practice of any medical or other professional health care advice, diagnosis or treatment and does not create an express or implied physician-patient relationship. You should always talk to your health care provider for diagnosis and treatment, including your specific medical needs. The products or services referenced on this Website are not a representation or warranty that any particular service or product is safe, appropriate or effective for you.
Users of the Website should not rely on information contained therein for diagnosing, treating, curing, preventing, managing or otherwise addressing health problems. Users should seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions.
7. Inaccuracies on the Website
While we use reasonable efforts to include accurate and up to date information on our Website, errors, inaccuracies, and omissions sometimes occur. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.
The information contained on this Website is not intended to be used as a complete reference. While we have tried to confirm the accuracy of the information presented, We make no warranty, expressed or implied, with respect to the currency, completeness, usefulness, or accuracy of the contents of the Website. We have no liability for any errors or omissions in the information provided. We do not endorse and assume no responsibility for the accuracy of the content from other sources other, or for practices or standards of other sources.
8. Restrictions on Use
The Website, including all information, materials, text, images, video, audio or multimedia content available through the Website, is provided for your non-commercial and personal use on an “as is, as available” basis and may be used by you for information purposes only. In particular, but without limiting the generality of the foregoing, you acknowledge that the services and products purchased through the Website are provided solely for your personal use. Nothing in these Terms grants you any rights in the Website other than as necessary to enable you to access the Website and to purchase the products or services through the Website.
As a condition of your use of the Website, including the content, services and products available on the Website, you agree that you will not, or attempt to do the following: (a) violate any laws, without regard to any of the Laws (defined in section 21), these Terms, our policies and third party rights; (b) reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, transfer, sell or otherwise make available to any third party or otherwise publish, create derivative works from or exploit in any way the Website or its content except as expressly permitted by us or expressly provided under applicable law; (c) use the Website in any manner which could damage, disable, overburden or impair the Website, including distributing viruses or malware or other similar harmful software code; (d) remove, circumvent, disable, damage or interfere with the security features of the Website; (e) harvest or otherwise collect information about any user of the Website without their consent and compliance with all law; (f) represent or suggest that we endorse any other business, product or serve unless we have agreed to do so in writing; and (g) remove any copyright, trademark or other proprietary notices from any portion of the Website.
Without limiting other recourse, including but not limited to any remedy available under applicable law, we may limit, delay, suspend or terminate any access to the Website, your Account, access to content, products or services, linked websites, or take steps to keep users off the Website if we believe, in our discretion, that the user is creating problems or possible legal liabilities, infringing our intellectual property rights or those of third parties, or otherwise acting inconsistently with the spirit of these Terms or our policies. We may, in appropriate circumstances and at our discretion, suspend or terminate access, or modify or discontinue the Website, services or products, at our discretion.
9. Intellectual Property Rights
Except as otherwise provided in these Terms, we (and our licensors) retain all rights, title and interests, including intellectual property rights, in the Website and its content. Unless otherwise stated, all materials published on the Website are protected by copyright and intellectual property laws. We (and our licensors) reserve all our intellectual property rights (including without limitation, all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) in the world. Nothing on the Website, your use of the content or purchase of products shall be construed as conferring any transfer of rights to you of any of our (or any third party’s) intellectual property or other proprietary rights.
Without limiting the generality of the foregoing, the product names, company names and logos used on the Website may be trademarks, including registered trademarks owned by us, an affiliate or a third party. Such trademarks, product names, company names or logos may not be copied, imitated or used, in whole or in part, without our prior written consent or of the relevant parties.
10. User Content
You understand that all Content posted or transmitted to the Website, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such content originated. This means that you are entirely and solely responsible for all Content that you upload, post, or otherwise transmit via the Website. We do not claim to review the Content posted by users and we are not responsible nor liable for such Content, including any error, omission, infringement, defamatory statement, obscenity or inaccuracy contained therein. However, we shall have the right, but not the obligation, to delete, move, or edit any Content that violates the Terms or is otherwise objectionable as we determine in our sole discretion and without notice.
12. Information Collection
Information You Choose to Give Us: We receive and store any information you enter on our website or give us by phone, email or in any other way. On our website, you may request information, subscribe to our newsletter, purchase our products and services, participate in our contests and surveys, and use any other services we provide. To take advantage of these offerings, it is necessary for you to disclose personal information (referred to as “personal information,” “personally identifiable information,” and “your information”) to us, including but not limited to one or more of the following identifying information: name, age, address, telephone number, email address, and credit card details. We use the information you provide to respond to your requests, communicate with you, provide information about our company and promotional material from some of our partners, and customize and improve our services. To purchase our goods or services, you must submit financial information in addition to certain personal information, which we use to bill you for the purchased goods or services.
Electronic communications, including over the Internet, through email or the Website, are not a secure means of communication and any information you supply to us will not be kept confidential. For that reason, you should not submit or send to us any information you regard as confidential, commercially sensitive or valuable. We shall not be responsible nor liable for damages you may suffer as a result of communicating with us by electronic communications or if we communicate such information to you at your request.
14. Disclaimer of Warranties
PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS OUR OBLIGATIONS AND LIABILITY TO YOU. NOTHING IN THESE TERMS AFFECT THE LEGAL RIGHTS THAT YOU HAVE UNDER THE APPLICABLE LAW.
YOU ACKNOWLEDGE THAT YOU ARE USING THE WEBSITE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE (INCLUDING ITS CONTENT) IS PROVIDED ON AN “AS IS” BASIS AND PUNGENT GREENS EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING WITHOUT LIMITATION THOSE OF OR RELATING TO THE ACCURACY, COMPLETENESS, RELIABILITY, QUALITY, SUITABILITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR VIOLATION OF RIGHTS WITH RESPECT TO THE WEBSITE, OR THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR OTHERWISE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
15. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL PUNGENT GREENS BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS, DAMAGE OR LIABILITY, WHETHER DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL, AND INCLUDING, WITHOUT LIMITATION, LOST REVENUES, LOST PROFITS, LOST DATA, LOST REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, UNDER ANY THEORY OF LIABILITY, REGARDLESS OF ANY FAULT OR WRONGDOING ARISING FROM OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEBSITE, EVEN IF PUNGENT GREENS KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH LOSS, DAMAGE OR LIABILITY BEING INCURRED. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
WITHOUT LIMITING THE GENERALITY OF THE PREVIOUS PARAGRAPHS, UNDER NO CIRCUMSTANCES SHALL PUNGENT GREEN’S AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THESE TERMS, THE WEBSITE, THE CONTENT, SERVICE AND PRODUCT AVAILABLE THROUGH THE WEBSITE EXCEED, TO THE EXTENT PERMISSIBLE BY LAW, THE AMOUNT EQUAL TO THE FEES PAID TO US UNDER YOUR ACCOUNT DURING THE 3 MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.
IN THESE TERMS, “PUNGENT GREENS” MEANS PUNGENT GREENS AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS AND SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES OR AGENTS.
You agree to indemnify Pungent Greens against, and to hold Pungent Greens harmless from, any and all claims and liabilities (including attorney’s fees) that may arise from your use of the Website, from your Content or services or products obtained through the use of the Website and from your violation of these Terms, any applicable law, rule or regulation or any third party right. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section, and you agree to cooperate with our defense of such matter without limiting your indemnification obligations with respect to the matter.
17. No Advice
The Website does not constitute technical, investment, financial or legal advice and should not be relied on for such purposes. Reliance on any information provided by us, other parties privy to the Website or other users of the Website is solely at your own risk. The information contained in the Website is not an invitation or offer to invest in any of our securities or other financial instruments.
18. Advertisements and Third-Party Links
We may provide links to third-party websites. We do not recommend and does not endorse the content on any third party web sites. We are not responsible for the content of linked third-party sites, sites framed within the Website, or other third-party advertisements, and do not make any claims regarding their content, accuracy or legitimacy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for those sites. We do not endorse any product, service, or treatment advertised on the Website. In no event shall Pungent Greens be liable for any loss, claim, damages, or costs that may arise in connection with your use of these materials.
You acknowledge that we have the right, in our discretion, to terminate or suspend your access to the Website, to terminate or suspend any Account, to limit or deny your access to or participation in any content, products or services offered in the Website at any time without notice to you and without liability to you or any person, if you violate or threaten to violate any of these Terms, if you violate or threaten to violate our rights, interfere with any other person’s access to or use of the Website, or if we decide in our discretion for any reason whatsoever that any Account, access to the Website, content, service or product is otherwise detrimental to the Website, us or Pungent Greens (“Event of Termination”). If these Terms are terminated by you or us or an Event of Termination occurs, then these Terms will continue to apply and be binding upon you in respect of your prior use of the Website, including our right to receive any money which you owe to us.
You agree that any claim, action, or proceeding arising out of these Terms, or your use of the Website, shall be governed by and construed in accordance with the laws of the EU. Each party agrees to submit to the jurisdiction of, and agrees that the venue is proper in such courts in any such legal action or proceeding. Any dispute will be handled in the EU.
YOU AND PUNGENT GREENS WAIVE THE RIGHT TO PROSECUTE OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE ACTION. YOU AND LEAF SCIENCE MAY SEEK RELIEF ONLY ON BEHALF OF THEMSELVES AND ONLY TO THE EXTENT NECESSARY TO REMEDY THEIR INDIVIDUAL CLAIMS. THIS CLASS ACTION WAIVER IS A MATERIAL AND ESSENTIAL PART OF AND CANNOT BE SEVERED FROM THIS ARBITRATION PROVISION.
21. LEGAL CONSIDERATIONS
You understand and acknowledge that the U.S. Government prohibits the distribution and possession of “marijuana,” as that term is defined in the Controlled Substances Act (“CSA”), 21 U.S.C. § 802(16). The CSA also prohibits using the internet to advertise the sale, or to offer to sell, distribute, or dispense marijuana. 21 U.S.C. § 843. An “advertisement” does not include “material which merely advocates the use of a similar material, which advocates a position or practice, and does not attempt to propose or facilitate an actual transaction in a Schedule I controlled substance.” Id.
You understand and acknowledge that, on December 20, 2018, the Agricultural Improvement Act of 2018 (the “2018 Farm Bill”) was enacted, and removed hemp, as defined in the 2018 Farm Bill, from the CSA. The 2018 Farm Bill requires the U.S. Department of Agriculture (“USDA”) to establish regulations for interested States to obtain from the USDA approval of a State plan for the in-state cultivation, processing and distribution of hemp pursuant to state regulations. The 2018 Farm Bill acknowledges that the FDA may also regulate hemp products under the Food, Drug and Cosmetics Act, 21 U.S.C. § 9, and the FDA has acknowledged and exercised authority with respect to cannabidiol (“CBD”) derived from hemp. The 2018 Farm Bill explicitly prohibits any restrictions on the interstate transportation of hemp.
You understand and acknowledge that, notwithstanding the 2018 Farm Bill’s removal of hemp from the CSA, the federal regulatory framework pertaining to the cultivation, processing, distribution, marketing and sale of hemp, including CBD extracted from hemp is unclear and evolving. Similarly, the States can and do regulate hemp in different ways, and those State laws are also evolving, especially in light of the 2018 Farm Bill requirements for the approval of a State plan. Together, the CSA, 2018 Farm Bill and related federal and state laws governing marijuana and hemp, as they may be amended from time to time, are collectively referred to herein as the “Cannabis Laws.”
You understand and acknowledge that federal and state enforcement of marijuana and hemp related activities, including through the internet, by any federal or state entity, agency, body or official is unpredictable, uncertain and evolving, and we are not making any representations to you about whether your use of the website may or may not be the subject of any such enforcement.
22. General Provisions
Our failure or delay to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this agreement. We may assign our rights and duties under this agreement to any party at any time without notice to you.
No action arising out of this Agreement or your access to or use of our Website, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) and you hereby waive any longer statute of limitations that may be permitted by law.
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