Effective: June 1, 2021
These are the terms and conditions entered between you (“you”, “your”, “guest”, “visitor”, or “user”) and DEEP CBDS LLC (“deepCBDs”, “DEEPCBDS”, “Company,” “we,” “our” or “us”).
2. Product Disclosures, Disclaimers & Information
Products displayed on deepcbds.com contain cannabidiol (CBD) extracted only from the hemp plant and contain 0.3% or less THC (Delta-9 tetrahydrocannabinol aka Delta-9 THC).
If you are or may be required to submit to a drug test, do not use any of our Hemp Extract Full Spectrum products including deepCBDs Natural Tinctures, Fresh Tinctures, Gummy Rings, Gummy Cubes or Nano Soft Gels, and any other full spectrum CBD products we may offer. CBD products containing 0.3% or less THC that are used on a daily basis and overtime, or under other circumstances, can build up the THC in the liver and eventually into the bloodstream in an amount that may cause a positive result for THC on a drug test. By purchasing any product from deepcbds.com, you do so at your own risk and deepCBDs will not be liable whatsoever if you fail a drug test during your use of any deepCBDs product.
All content we produce that is posted on deepcbds.com, third party websites, platforms, and social media accounts and any other digital or written materials can only be used for personal, educational and informational only.
All information and statements regarding products displayed, marketed, and sold on deepcbds.com, including customer testimonials, have not been evaluated by the U.S. Food and Drug Administration (FDA) or any other applicable government agency and the results reported, if any, may not necessarily occur in all individuals. The efficacy of deepCBDs products has not been confirmed by FDA-approved research. Any and all information and statements on deepcbds.com and products and content displayed on deepcbds.com, including customer testimonials, are not intended to diagnose, treat, cure, or prevent any disease. deepCBDs will use commercially reasonable efforts to review customer testimonials to determine whether any statements made in any such testimonials may run afoul of applicable federal laws, rules and/or regulations and reserves the right to remove the testimonial, in its entirety or any part of it, that we determine in our sole discretion may or does violate applicable laws. NO PRODUCT PURCHASED OR THAT YOU RECEIVE VIA A CONTEST, GIVEAWAY, OR OTHERWISE FROM DEEPCBDS.COM SHOULD BE USED IF YOU ARE PREGNANT OR NURSING WITHOUT FIRST CONSULTING YOUR DOCTOR AND ONLY IF YOUR DOCTOR APPROVES. NO PET PRODUCT PURCHASED OR RECEIVED VIA A CONTEST, GIVEAWAY, OR OTHERWISE FROM DEEPCBDS.COM SHOULD BE USED IF YOUR PET IS PREGNANT OR NURSING WITHOUT FIRST CONSULTING AND RECEIVING APPROVAL FROM YOUR VETERINARIAN.
All products should be used in accordance with their suggested uses, instructions, precautions and guidelines or pursuant to your doctor’s recommendations, and in the case of pets your veterinarian’s recommendations. You should always check the ingredients in products to avoid any possible or potential allergic reactions and/or potential interactions or other possible complications particularly if you, or in the case of your pet, are taking any medications. Use of deepcbds.com is not meant to, and should not, serve as a substitute for professional medical advice. Please consult with your own physician or health care practitioner regarding the use of any of the products or information received from deepcbds.com before using or relying on them. You should do the same with your veterinarian for any pet product. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. deepCBDs does not give or intend to give any answers to medical related questions, render any medical advice, and we do not replace any medical professional or medical resource. deepCBDs does not represent itself to be a physician or veterinarian nor is this implied in anyway whatsoever. No prescription medications, medical treatments or medical advice are intentionally provided on deepcbds.com. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
Products displayed on deepcbds.com can be ordered and delivered only within the U.S, and only in those states that permit the sale and distribution of hemp extract products.
All prices displayed on deepcbds.com are quoted in U.S. Dollars and are valid and effective only in the U.S.
All online purchases from deepcbds.com are subject to product availability, age eligibility, state eligibility, and deepCBDs confirming the details of your order. All prices advertised on deepcbds.com are subject to change in our sole discretion. For information about online purchases, see our Terms of Sale.
We attempt to provide accurate and up-to-date descriptions of products displayed on deepcbds.com. However, we do not warrant that the descriptions are accurate, complete, reliable, current or error-free. If a product is not as described, please do let us know and, in such case, your sole remedy is to return the item and receive a refund in accordance with our Return & Refund Policy, unless deepCBDs otherwise specifies in writing.
The products available on deepcbds.com, including any samples or free giveaway products that deepCBDs may provide you, are for you or your pet’s personal use only. You are not permitted to sell or resell any products you purchase or otherwise receive from deepcbds.com.
3. You Must Be 18 Years of Age & Over
This Website is offered and available to persons who are 18 years of age and older and reside in the United States. By accessing deepcbds.com, you represent and warrant that you are of legal age to form a binding contract with deepCBDs and meet all of the eligibility requirements stated here. If you do not meet all of eligibility requirements, you must not access or use deepcbds.com.
4. Geographic Restrictions– Available in the USA but Not in all 50 States
deepCBDs is the owner of deepcbds.com and is based in the State of Florida in the United States. deepcbds.com is intended for use and access only by adults located in the United States, and only in those states within the United States that permit the sale and distribution of all or certain hemp extract products, including those that contain cannabidiol (CBD).
We make no claims that deepcbds.com or any of its content is accessible or appropriate outside of the United States. Access to deepcbds.com may not be legal by certain persons or in certain countries. If you access deepcbds.com from outside the United States, you do so on your own initiative, at your own risk, and are solely responsible for compliance with applicable local laws.
6. Accessing deepcbds.com & Account Registration
deepCBDs reserves the right to withdraw or amend deepcbds.com, and any product, service or material provided ondeepcbds.com, in its sole discretion with or without notice. deepCBDs will not be liable if for any reason all or any part of deepcbds.com is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of deepcbds.com to users, including registered users.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person or entity with access to deepcbds.com or portions of it using your username, password, or other security information.
YOU AGREE TO NOTIFY US IMMEDIATELY OF ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR USERNAME OR PASSWORD OR ANY OTHER REACH OF SECURITY. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer or network so that others are not able to view or record your password and/or other personal information.
7. Payments, Ordering, Product Availability & Billing
You agree to provide accurate and up-to-date payment information at the time you order or receive any product from deepcbds.com. deepCBDs has contracted with a third-party payment processor to facilitate secure purchases made on deepcbds.com. When you make a purchase through deepcbds.com, you will provide your payment details and any additional information required to complete your order. You should be aware that online payment transactions are subject to validation checks by our payment processor and your card issuer and deepCBDs is not responsible if your card issuer declines to authorize payment for any reason.
For your protection, our payment processor uses various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize it to verify and authenticate your payment information. Note, it’s possible that your card issuer may charge you an online handling fee or processing fee. deepCBDs is not responsible for this. In some jurisdictions, our payment processor may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services.
After you place your order and the order is accepted, deepCBDs will send you a confirmation email (the “Order Confirmation“). The Order Confirmation is not an acceptance of your order but merely an acknowledgement that deepCBDs received your order. Evidence that deepCBDs accepted your order occurs upon your receiving an email that the products you ordered have been shipped to you (“Shipment Notice“). The products listed in the Shipment Notice are the only products that will be part of the sale and purchase between you and deepCBDs.
From time to time at any time, deepCBDs may offer products as a subscription or part of an auto-ship program, in which case there will be a one-time charge followed by a monthly recurring charge as agreed to by you. BY CHOOSING A RECURRING PAYMENT PLAN, YOU ACKNOWLEDGE AND AGREE THAT (A) DEEPCBDS (AND OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A RECURRING BASIS (E.G., MONTHLY) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO DEEPCBDS.COM OR ANY PRODUCTS. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY EMAILING US AT [email protected]. YOU WILL BE RESPONSIBLE FOR ALL CHARGES INCURRED WITH RESPECT TO ANY ORDER PROCESSED PRIOR TO THE CANCELLATION OF YOUR SUBSCRIPTION. All recurring payments are fully earned upon payment.
8. Shipping & Delivery
deepCBDs currently ships to the majority of states within the United States except to Alaska and Hawaii and to any state within the United States that prohibits the sale and distribution of all or certain hemp extract products. We, at all times, reserve the right to reject any order placed if the delivery of the order cannot lawfully be fulfilled by us. You understand and agree that if you order a product that is prohibited for sale and distribution by your state, deepCBDs will reject your order to be compliant with your state’s laws.
We offer FREE STANDARD SHIPPING within the United States excluding taxes.
Unless otherwise specified, product prices quoted are exclusive of value added tax and any other applicable tax or duty to the price payable. You agree to pay for taxes for the amount specified at the time of your order. Any discounted shipping promotions are also shipped via our standard shipping service only. If you choose expedited shipping, you will be responsible for payment of the shipping costs.
Your order will be fulfilled by the delivery date set indicated in the Shipment Notice unless there are exceptional circumstances and except in the case of any pre-orders (if applicable).
Your order will be delivered to the delivery address you specify when placing your order. At this time, we can only ship to one (1) address per order.
Product shipment may vary according to availability and is subject to any delays resulting from postal/shipping carrier delays or any events outside of deepCBDs control for which deepCBDs will not be responsible or liable.
Products you order from deepcbds.com are at your own risk from the time you receive them. You will be the owner of the products upon your receiving them, provided that deepCBDs has received from you full payment of all sums due for those products, including any applicable shipping charges.
For more information about shipping and delivery, see our Shipping Policy.
9. Acceptable Payment Methods
We accept any US-issued credit card bearing a Visa, MasterCard, American Express, Discover, JCB or UnionPay logo. This includes debit cards and those will be processed like a credit card. You can enter as many credit and debit cards you desire to store in your account at any time for you to use when making a purchase from deepcbds.com.
To learn about our terms for online purchases from deepcbds.com, review our Terms of Sale.
10. Returns, Refunds, Exchanges & Cancellations
For returns, refunds, exchanges and cancellations, see our Return & Refund Policy.
11. Contests, Sweepstakes & other Promotions
12. Consent to Communications
By accessing and using deepcbds.com, you agree that we may contact you by phone, email, text message at any of the phone numbers, email addresses and physical mailing addresses you provide, including, but not limited to, for promotional or marketing purposes. You’re not required to provide your consent as a condition of accessing or using deepcbds.com.
13. Intellectual Property Rights
This Website and its entire contents, features, and functionality (including, but not limited to, all information, software, e-commerce systems, databases, text-based HTML code, displays, images, video, text, and audio, any and all hidden aspects of deepcbds.com such as, without limitation, source code, object code, algorithms, technical descriptions, data flow charts, logic flow charts, user manuals, data structures and contents, as well as the design, selection, and arrangement thereof) are owned by deepCBDs, its licensors, or other third party providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
- You may store files that are automatically cached by your Web browser for display enhancement purposes;
- You may print or download one copy of a reasonable number of pages of deepcbds.com for your own personal, non-commercial use and not for further reproduction, publication, or distribution;
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications; and/or,
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
Except with the express written permission of deepCBDs, you must not:
- Use or modify copies of any information, products or materials from deepcbds.com;
- Use or modify any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; and/or,
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of information, products or materials from deepcbds.com.
Use/Reprint Permission: If you wish to make any use of any content available on deepcbds.com other than those set out in this section, please address your request to: [email protected] and state “Request to Use Content” in the subject line to help us more easily identify the purpose of your email and get back to you as quickly as we can.
The Company name, the terms “deepCBDs”, “deep CBDs”, “deep cbds”, “deepcbds” and “deep cannabinoids for all kind” and all related names, logos, product and service names, designs, images, tag lines, and slogans are trademarks of deepCBDs or its affiliates or licensors. You must not use such marks without the prior written permission of an authorized representative of deepCBDs. All other names, logos, product and service names, designs, and slogans on deepcbds.com are the trademarks of their respective owners.
15. Prohibited Uses of deepcbds.com
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- To transmit, or procure the sending of, any advertising or promotional material (without our prior written consent), including any “junk mail,” “chain letter,” “spam,” “phish”, “pharm”, or any other similar solicitation;
- To impersonate or attempt to impersonate deepCBDs, a deepCBDs employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); and/or,
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of deepcbds.com, or which, as determined by us, may harm deepCBDs or users of deepcbds.com, or expose them to liability.
Additionally, you agree not to:
- Use deepcbds.com in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of deepcbds.com, including their ability to engage in real time activities through deepcbds.com;
- Use any robot, spider, or other automatic device, process, or means to access deepcbds.com for any purpose, including, but not limited to, scraping, crawling, monitoring or copying any of the material on deepcbds.com;
- Use any device, software, or routine that interferes with the proper working of deepcbds.com;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of deepcbds.com, the server on which deepcbds.com is stored, or any server, computer, or database connected to deepcbds.com;
- Attack deepcbds.com via a denial-of-service attack or a distributed denial-of-service attack;
- Interfere with or circumvent the security features (SSL) of deepcbds.com or any linked, related or unrelated website, or the internet; and/or,
- Otherwise attempt to interfere with the proper working of deepcbds.com.
16. Your Responsibility for Your Content
You are solely responsible for all content you upload, post, email or otherwise transmit to deepcbds.com including any submissions of product ratings and reviews and all other data, profile information, documents, texts, sound, photographs, graphics, videos, messages, comments, questions, answers, remarks, suggestions, ideas, materials and any other information (all collectively referred to as “Content“).
deepCBDs will not accept any Content from you unless you are a registered deepcbds.com user or verified purchaser of products from deepcbds.com. deepCBDs also reserves the right to remove in whole or in part any comments or testimonials that violate applicable federal laws including, but not limited to, the US Food and Drug Administration (FDA), the Federal Trade Commission (FTC), and any other governmental agency applicable to your Content and deepcbds.com.
17. Content Standards for User Content
These content standards apply to all user Content. By submitting your Content to deepcbds.com, youagree that your Content will not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
- Be likely to deceive or mislead any person;
- Make any medical or therapeutic health claims about any products you purchase or receive from deepcbds.com, such as, for example, “this helps my psoriasis”, “this helps my depression”, etc. We prohibit this type of content because we have to in order to remain compliant with current advertising laws applicable to health claims arising from the use of non-pharmaceuticals and non-FDA approved products;
- Promote any illegal activity, or advocate, promote, or assist any unlawful act;
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any person;
- Impersonate any person or misrepresent your identity or affiliation with any person or organization;
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; and/or,
- Give the impression that you are affiliated or are endorsed by us or any other person or entity unless it is true.
In addition, by submitting your Content, you agree that you are the owner of the information and materials provided in the Content or have written permission from the owner to use the information and/or material in the Content that you submit to deepcbds.com.
18. Use of Your Content
User product ratings and reviews – good, bad and indifferent – are very important to us. Why? Because your experience and voice matter to us; plus, your feedback may help us improve our products and services to better serve you and other customers.
You understand and acknowledge that you are responsible for any Content you provide to deepCBDs, and you, not deepCBDs, will have full responsibility for such Content, including its legality, reliability, accuracy, and appropriateness. Under no circumstances will deepCBDs be responsible or liable to any third party for any Content or accuracy of any Content provided by you or any other user of deepcbds.com.
deepCBDs has the right to:
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of deepcbds.com; and/or,
Without limiting the foregoing, deepCBDs has the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through deepcbds.com. YOU HEREBY AGREE TO WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
19. Reliance on Information Posted
deepCBDs does not warrant the accuracy, completeness, or usefulness of any information posted on deepcbds.com. Any reliance you place on such information is strictly at your own initiative and sole risk. deepCBDs disclaims all liability and responsibility arising from any reliance placed on such information by you or any other visitor to deepcbds.com, or by anyone who may be informed of any of its contents.
deepcbds.com may include content provided by or linked to third parties, including materials provided by other users, bloggers, vloggers, and third- party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in such third-party content, and all articles and responses to questions and other content, other than the content provided by deepCBDs, are solely the opinions and the responsibility of the person or entity providing that content. Such content does not necessarily reflect the opinion of or an endorsement by deepCBDs, and deepCBDs will not be responsible or liable to you or any third party for the content or accuracy of any third-party content.
20. Changes to deepcbds.com
We may update the content on deepcbds.com from time to time, but its content may not necessarily always be complete or up to date. While we are under no obligation to update any such content, we will strive to keep the content current.
21. Information About You & Your Visits to deepcbds.com
22. Linking to deepcbds.com & Social Media Features
You may link to deepcbds.com homepage, provided you do so in a way that is fair and legal and does not damage the reputation of deepCBDs or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement of you on our part without first receiving the express written consent by an authorized representative of deepCBDs to do so.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on deepcbds.com;
- Send emails or other communications with certain content, or links to certain content, on deepcbds.com; and/or,
- Cause limited portions of content on deepcbds.com to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and that are otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you unless you first provide deepCBDs with written authorization by a duly authorized representative or owner of that website for us to review and approve or reject as decided in our sole discretion;
- Cause deepcbds.com or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;
- Link to any part of deepcbds.com other than the homepage; and/or
We fully reserve the right to withdraw linking permission without notice, and we may disable all or any social media features and any or all links at any time without notice in our sole and absolute discretion.
23. Links from deepcbds.com
If deepcbds.com contains links to other websites or resources owned or operated provided by independent third parties, they are provided for your convenience and informational purposes only. This includes links contained in any advertisements, including banner advertisements and sponsored links. We have no control over the contents of third-party websites or resources and disclaims any and all responsibility and liability for them including any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites or resources linked to deepcbds.com, you do so entirely at your own initiative and sole risk and will be subject to the terms and conditions as provided and required by those third-party websites.
24. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or deepcbds.com will be free of viruses, malware or any other kind of destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection, online security, and accuracy of data input and output, and for maintaining a means external to deepcbds.com for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, DEEPCBDS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND WHATSOEVER CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR ANY KIND OF OTHER TECHNOLOGICALLY HARMFUL SOURCES OF ANY KIND, MATERIAL, CODES AND OTHERWISE, THAT MAY INFECT YOUR DEVICES, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR ANY OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF DEEPCBDS.COM OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH DEEPCBDS.COM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON DEEPCBDS.COM, OR ON ANY WEBSITE LINKED TO DEEPCBDS.COM.
YOUR USE OF DEEPCBDS.COM, ITS CONTENT, PRODUCTS OR ANY SERVICES YOU OBTAIN THROUGH DEEPCBDS.COM IS ENTIRELY AT YOUR OWN AND SOLE RISK. DEEPCBDS.COM, ITS CONTENT, PRODUCTS AND ANY SERVICES YOU OBTAIN THROUGH DEEPCBDS.COM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DEEPCBDS NOR ANY PERSON OR ORGANIZATION ASSOCIATED WITH DEEPCBDS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF DEEPCBDS.COM. WITHOUT LIMITING THE FOREGOING, NEITHER DEEPCBDS NOR ANYONE OR ORGANIZATION ASSOCIATED WITH DEEPCBDS REPRESENTS OR WARRANTS THAT DEEPCBDS.COM, ITS CONTENT, PRODUCTS OR ANY SERVICES YOU OBTAIN THROUGH DEEPCBDS.COM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT DEEPCBDS.COM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEEPCBDS.COM OR ANY PRODUCTS OR SERVICES YOU OBTAIN THROUGH DEEPCBDS.COM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, DEEPCBDS DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
25. Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL DEEPCBDS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICES PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND WHATSOEVER, UNDER ANY LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFIT, LOST REVENUE, LOSS OF DATA, PERSONAL INJURY, OR ANY OTHER DAMAGES OF ANY KIND, ARISING FROM YOUR USE OR INABILITY TO USE DEEPCBDS.COM, ANY WEBSITES LINKED TO DEEPCBDS.COM, ANY CONTENT ON DEEPCBDS.COM OR ANY CONTENT ON THIRD PARTY WEBSITES LINKED TO DEEPCBDS.COM, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF DEEPCBDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DEEPCBDS’ TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID (IF ANY), TO DEEPCBDS FOR DEEPCBDS PRODUCTS AND/OR ANY SERVICES FOR A PERIOD OF THREE (3) MONTHS CALCULATED FROM THE DATE OF THE INVOICE OF YOUR PURCHASE FROM DEEPCBDS.COM AND AS REFLECTED IN THE COMPANY’S RECORDS. IN ADDITION, IN THE EVENT OF ANY PROBLEM OR CLAIM WITH RESPECT TO ANY OF THE PRODUCTS YOU PURCHASED ON OR THROUGH DEEPCBDS.COM, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OR SUPPLIER OF THE PRODUCTS IN ACCORDANCE WITH SUCH MANUFACTURER OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT IN ACCORDANCE WITH OUR RETURN & REFUND POLICY.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
27. Arbitration – MAKE SURE YOU READ THIS CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS AND HOW CLAIMS YOU AND DEEP CBDS MAY HAVE AGAINST EACH OTHER WILL BE RESOLVED.
This Section 27 is deemed to be a “Written Agreement to Arbitrate” pursuant to the Federal Arbitration Act. You and deepCBDs agree that we intend this section to satisfy the written requirement of the Federal Arbitration Act. This section can only be amended in writing and signed by both you and an authorized c-level executive of deepCBDs.
If you have any dispute or disagreement with deepCBDs regarding, (i) your use of or interaction with deepcbds.com, (ii) any purchases or other transactions or relationships with deepCBDs, or (iii) any data or information you may provide to deepCBDs or that deepCBDs may gather in connection with such use, interaction or transaction (collectively, “deepCBDs Transaction“), you will not have the right to pursue a claim in court, or have a jury decide the claim, and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with deepcbds.com, or engaging in any other deepCBDs Transaction, you agree to binding arbitration as provided below.
a. SINGLE ARBITRATOR. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and deepCBDs (“Arbitrator”);
b. ARBITRATOR INTERPRETS ARBITRATION AGREEMENT. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms and Conditions and/or these arbitration provisions in this Section 27, including, but not limited to, any claim that all or any part of these Terms and Conditions is void or voidable;
c. LOCATION. The Arbitration will be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and deepCBDs; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission;
d. GOVERNING LAW. The Arbitrator (i) shall apply internal laws of the State of Florida consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law applies, shall apply the applicable law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Florida or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
e. NO CLASS RELIEF. The Arbitration can resolve only your and/or deepCBDs’ individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
f. AWARD. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
g. ARBITRATION COSTS. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, deepCBDs may pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
h. REASONABLE ATTORNEY FEES. In the event you recover an Award greater than deepCBDs last written settlement offer, the Arbitrator shall also have the right to include in the Award deepCBDs’ reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, and deepCBDs will bear its own attorneys’ fees;
j. MODIFICATION OF ARBITRATION CLAUSE WITH NOTICE. deepCBDs may modify these arbitration provisions, but such modifications shall only become effective thirty (30) calendar days after deepCBDs has given notice of such modifications and only on a prospective basis for claims arising from a deepCBDs Transaction occurring after the effective date of such notification;
k. SMALL CLAIMS MATTERS EXCLUDED; NO CLASS RELIEF OR JOINDER OF CLAIMS. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against deepCBDs in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding; and,
l. CONFIDENTIALITY. You and deepCBDs will maintain the confidential nature of the arbitration proceeding and any Award, including any hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or judicial decision.
28. Governing Law & Venue for Claims Not Subject to Arbitration
29. Time Limitation to File Claims
30. DMCA – Copyright Infringement
We respect and honor the intellectual property rights of others. We will review all claims of copyright infringement received and remove any content or user Content deemed to have been posted or distributed in violation of any such laws. If you believe your work has been copied on deepcbds.com and/or on any products or services deepCBDs offers that constitutes copyright infringement, please promptly notify our designated copyright agent with the following information in accordance with the Digital Millennium Copyright Act:
- a description of the copyrighted work that has been infringed and the specific location on deepcbds.com, the product(s) or services where such work is located;
- a description of the location of the original or an authorized copy of the copyrighted work;
- your address, telephone number and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and,
- an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
All notices of claimed copyright infringement should be sent to the Company’s designated copyright agent as follows:
DEEP CBDS LLC
Attn: Copyright Agent
500 Australian Avenue South, Ste 600 West Palm Beach, FL 33401
email: [email protected]
1 (833) 244-3337 ext. 700
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent, pursuant to law, to upload and use the content in your Content, you may send a written counter-notice containing the following information to our designated copyright agent listed above with the following information:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and,
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the Federal court located within Palm Beach County, Florida and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our copyright agent, we will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it within ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in fourteen (14) business days or more after receipt of the counter-notice, in the Company’s sole discretion.
In appropriate circumstances and in the sole discretion of deepCBDs, users who are deemed to be repeat infringers may have their access to deepcbds.com terminated. deepCBDs may also, in its sole discretion, limit access to deepcbds.com and/or terminate any user accounts who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
31. Waiver & Severability
32. Entire Agreement
Questions regarding any of the above should be directed to [email protected].
This Website is operated by deep CBDs LLC, 500 South Australian Avenue, Ste 600, West Palm Beach, Florida 33401.