1.1. This website is operated by [TODO Company Legal Name d/b/a as appropriate] (referred to as “we,” “us,” or “our”). By accessing or using our website, products, or services, you agree to comply with and be bound by the following Terms and Conditions (“Terms”). These Terms apply to all users and visitors to our website. Your use of the website is conditioned on your acceptance of these Terms, including any additional terms, conditions, notices, and policies (including our Privacy Policy) referenced or made available through hyperlink in these Terms or on our website.
1.2. If you do not agree with any part of these Terms, you may not access the website, purchase products through our website, or otherwise use our services provided through our website. Please exit our website if you do not agree to any of the Terms stated herein.
2. Eligibility
2.1. Age Restrictions:
2.1.1. You must be at least the legal age of majority in your state or province of residence to use this website or purchase products. For certain products, like alcohol, the minimum age is 21 years.
2.1.2. Identification verification may be required to ensure compliance with age restrictions.
3. Legal Use:
3.1. You confirm that your state of residence permits the purchase, possession, and use of our products. Certain products may be restricted to states where they are legal.
4. Online Store Terms
4.1. You agree not to use our products for any illegal or unauthorized purpose.
4.1.1. Uploading or otherwise transmitting digital worms, viruses, or any malicious code to or from our website is strictly prohibited.
4.1.2. A breach of these Terms may result in the termination of your access to our services.
5. General Conditions
5.1. We reserve the right to refuse service to anyone for any reason at any time.
5.2. Content (excluding payment card information) may be transferred unencrypted across networks.
5.3. You may not reproduce, duplicate, copy, sell, or exploit any part of the Service without express written permission from us.
6. Product Information and Use
6.1. Accuracy and Completeness:
6.1.1. We strive to ensure accurate product information but recommend reading product labels before consumption. Contact us for detailed information if needed.
6.1.2. Historical or outdated content is provided for reference only. Information regarding the products as stated on our website may be outdated. Product labels should be reviewed for information about the product prior to consumption.
6.1.3. The colors or visual depictions of our products on our website may differ from the actual products you receive.
7. Prohibited Uses:
7.1. Products must not be used to violate laws or for unauthorized distribution or resale.
7.2. Misuse, including illegal consumption or distribution, is strictly prohibited.
7.3. You are prohibited from using this website or its content:
(a) for any unlawful purpose;
(b) to solicit others to participate in any unlawful acts;
(c) to infringe on our intellectual property rights (including, but not limited to copyrights, patents and trademarks whether registered or not registered (collectively, “IP”);
(d) to infringe on the IP of third parties;
(e) in a manner that damages, modifies or interferes with the website’s functionality and content;
(f) to collect or track the personal information of others;
(g) for any immoral or obscene purpose; or
(h) in any other manner that causes harm to us or third parties.
8. Health Disclaimer:
8.1. Our products are not evaluated by the FDA and are not intended to diagnose, treat, cure, or prevent any disease.
8.2. Consult a healthcare professional if you have any medical conditions, are pregnant or nursing, or are taking medications prior to consuming our products or if you experience any issues that may be connected to our products.
8.3. Do not mix our products with alcohol.
8.4. Do not use any product if you are allergic to any of the product’s ingredients.
9. Pricing and Modifications
9.1. Prices are subject to change without notice.
9.2. We reserve the right to modify or discontinue any product or service at our discretion without liability.
9.3. Promotions, discounts, and programs (e.g., ambassador and referral programs) are subject to change or termination without notice.
10. Billing and Account Information
10.1. You agree to provide accurate, current, and complete billing, shipping and account information.
10.2. We reserve the right to limit or cancel orders at our discretion, including to limit the quantities purchased per person or household, including those placed under the same account or billing address. Your sole remedy shall be for reimbursement for the cancelled or undelivered portion of the order.
11. Returns, Refunds, and Damaged Products
11.1. All sales are final unless specified otherwise.
11.2. For damaged or incorrect items, contact us within seven (7) days of receipt for resolution.
12. Third-Party Tools and Links
12.1. Access to third-party tools or links is provided “as-is” without warranties or liabilities.
12.2. We are not responsible for the content or functionality of third-party websites. Please carefully review the terms and conditions and policies of any third party.
13. User Comments and Submissions
13.1. By submitting feedback, ideas, or other materials, you grant us the right to use and publish them without restriction. You are not entitled to any compensation for any such materials that you provide to us.
13.2. We may edit or remove any content you provide us at our discretion.
13.3. Any comments or submissions you provide to us for possible publication must not violate third-party rights, defame or slander anyone or contain any obscene material.
13.4. We are not obligated to use or retain any comments or submissions that are sent to us.
14. Privacy and Personal Information
14.1. Your submission of personal information is governed by our Privacy Policy, which can be accessed on our website.
15. Limitation of Liability and Indemnification
15.1. Limitation of Liability
15.1.1. Our products and services are provided “as-is” and “as-available” without warranties of any kind.
15.1.2. TO THE EXTENT ALLOWED BY LAW, AND EXCLUDING DAMAGES ARISING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, WE ARE NOT LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OUR WEBSITE OR PRODUCTS, INCLUDING BUT NOT LIMITED TO, SUCH DAMAGES ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING GENERAL NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
15.1.3.NOTWITHSTANDING THE ABOVE TERMS IN 15.1.2, OUR LIABILITY REGARDING OUR PRODUCTS SHALL, TO THE EXTENT ALLOWED BY LAW, BE LIMITED TO THE GREATER OF: (1)THE AMOUNT PAID FOR THE PRODUCT OR ORDER GIVING RISE TO THE LIABILITY; OR (2)THE AMOUNT OF YOUR ACTUAL DAMAGES CAPPED AT $1,000.00.
15.2. Indemnification – You agree to indemnify and hold us harmless from any claims arising from your breach of these Terms or violation of any law.
15.3. The limitation of liability and indemnify provisions stated herein shall apply in favor of our shareholders/members, officers, directors, employees, affiliates, subsidiaries and parent companies.
16. Termination
16.1. These Terms are effective until terminated by either party.
16.2. We may terminate or restrict access to our services if you violate these Terms.
17. Governing Law & Venue
17.1. These Terms are governed by the laws of the State of California, United States of America.
17.2. Venue for any legal action arising out of our products or this website shall be in a court of competent jurisdiction in the County of San Diego, State of California, United States of America.
18. Miscellaneous
18.1. Severability – In the event that any provision of these Terms are determined by a court of competent jurisdiction to be void or unenforceable in whole or in part, such provision and the rest of the Terms not deemed to be void or unenforceable shall be enforced to the fullest extent permitted by law and the void or unenforceable provision shall be deemed severed and not applied without affecting the validity and enforceability of the remaining provisions.
18.2. Changes to Terms – We reserve the right to modify these Terms at any time. Continued use of the website constitutes acceptance of such changes.
18.3. These Terms and any policies or provisions published by us on our products or within this website shall constitute the entire agreement between you and us regarding your use of this website or our products, and shall supersede any prior or contemporaneous agreements or representations, unless and except to the extent such other agreements or representations are set forth in a writing signed and agreed to by us.
18.4. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party and shall instead be construed in a manner that allows for enforcement or application of the ambiguous part in an objectively reasonable manner.
19. Contact Information
19.1. Questions about these Terms can be directed to [Your Contact Email Address].
