CALM LEAF LLC, a Florida limited liability company (hereinafter, “Calm Leaf”, or the “Company”), and its website, www.thecalmleaf.com (hereinafter referred to as, the “Site”), provides its products to you subject to the following conditions. Please read these Terms and Conditions (the “Terms”) carefully before accessing or using the Site. By accessing, registering for or using the Site, or purchasing products through the Site, you agree to be bound by these Terms and Conditions, which are as follows:
Where appropriate, Calm Leaf is referred to below as “we”, “us”, “our”, or “Company”. The term “you” refers to the user, subscriber or viewer of our Site.
PERMISSIBLE USE OF SITE
You agree that:
(a) Your use of the Calm Leaf Site is subject to and governed by these terms and conditions;
(b) Only persons at least 21 years of age may access or use the Site or transact business with the Site;
(c) You will comply with and be bound by these terms and conditions in their then-current form as they appear on the Site each time you access and use the Calm Leaf Site;
(d) Each visit to the Calm Leaf Site by you indicates and confirms your assent and agreement to be bound by our terms and conditions; and
(e) These terms and conditions are a legally binding and enforceable agreement between yourself and Calm Leaf.
You agree not to use or attempt to use the Calm Leaf Site for any purpose that:
(a) is in any way unauthorized, unlawful or prohibited, or that is harmful or destructive to Calm Leaf or any third party;
(b) transmits any advertisements, solicitations, schemes, spam, flooding, unsolicited e-mail, or other unsolicited commercial communications;
(c) transmits any harmful or disabling computer codes, spyware, adware or viruses;
(d) interferes with the Calm Leaf Site and its network services;
(e) attempts to gain unauthorized access to Calm Leaf’s network services or proprietary information;
(f) impairs or limits our ability to operate the Site or any other person’s ability to access and use the Site;
(g) uses any methods, means, or devices to access the Site or cause access to the Site for purposes of manipulating the results of any Internet search engine, or for any other purpose other than conducting business with Calm Leaf;
(h) unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;
(i) harms minors in any way, including, but not limited to, uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
(j) uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;
(k) harms, threatens, harasses, abuses or intimidates another person in any way or involves images or content that depicts, promotes, encourages, indicates, advocates or tends to incite the commission of a crime or other unlawful activities;
(l) dilutes or depreciates the name and reputation of Calm Leaf or any of its officers, agents, representatives or affiliates;
(m) uploads any content or images that infringes any third party’s intellectual property rights or infringes any third party’s right of privacy; and/or
(n) unlawfully uploads any confidential, proprietary or trade secret information.
We reserve the right to establish general practices and limits concerning use of the Site, including without limitation restrictions relating to services requested, the maximum number of days that messages, postings or other uploaded Content will be retained by the Site, the number of times you can edit a product request, the maximum size of any message that may be sent from or received by an account on the Site, the type and quantity of transactional data stored and presented in connection with your account, and the maximum disk space that will be allotted on the Site’s servers on your behalf. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted on the Site.
****YOU MUST BE 21 YEARS OF AGE OR OLDER TO USE THIS SITE
REVOCATION OF USER RIGHTS
We reserve the right at all times, in our sole and absolute discretion and without notice to you, to deny your access to and use of the Site. You may not use the Site to transmit unsolicited e-mail to this Site or to anyone whose e-mail address is included under the domain name of thecalmleaf.com. Violation of these Terms and Conditions may result in a variety of actions, including cancellation of your order, limits on account privileges, and forfeiture of fees paid to us.
You agree and acknowledge that it is your sole responsibility and liability, to provide, obtain and maintain all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary to access and use the Site.
REGISTRATION
In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). You may cancel your account at any time by emailing us. Please be aware that, if your account is cancelled, Calm Leaf may not be able to restore your account information and history, including order history, order tracking, notices, deals, or other information.
BILLING
Before ordering via the Site, all users must register through the Site. We currently offer a selection of hemp products. There is currently no fee for registering as a user of the Site. We maintain the right to add a membership plan or modify the terms of the existing registration process at any time. Additionally, we maintain the right to charge or change any membership fee, the prices of individual products or product packages, or to charge any additional fees related to any package or plan. You can find the specific details regarding your registration with us, the permissions, rights and limitations thereto at any time on your account page. Simply sign in to your account, and go to the Profile tab. Registration information as well as the rights and limitations thereto are provided on www.thecalmleaf.com.
a. Billing
By ordering items through the Site, you are expressly agreeing that we are authorized to charge you a fee for any pre-set package or individual product items which you may select, as well as any associated service fees which may apply. You agree that we are authorized to charge you for any product order or service fee at the then-current rate to a Payment Method you provide either during registration or upon placing a specific order (or to a different Payment Method you specify if you change your account information or select an alternative Payment Method at the time of purchase). Please note that prices and charges are subject to change without notice prior to placing your order. As used in these Terms and Conditions, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. Product purchase fees will be billed at the time of purchase. You will be able to view billing information and order history via your Calm Leaf account, accessible through the Site. All fees and charges are charged up front at the time of ordering, and are fully earned upon receipt of your order.
***The user acknowledges that all purchase orders made through the Site are FINAL, and that all payments are non-refundable. The sole exception to this policy is for any products which are delivered to user damaged or otherwise defective, in which case user shall be able to request a refund by emailing us at info@thecalmleaf.com within 5 calendar days of the delivery of the product – Calm Leaf will then contact user with return instructions, and user will be responsible for arranging to mail the product to Calm Leaf at the designated address, after which Calm Leaf shall refund the purchase.
If the product is delivered damaged or defective from Calm Leaf, Calm Leaf shall refund user the full amount of the product bill, including the original shipping and handling fee and all shipping and handling costs for return of the products; However, if the product was damaged or altered after the date of delivery, whether by the user or any other person, Calm Leaf shall not refund the original shipping and handling fee, and user will be responsible for all shipping costs to return the products, provided that Calm Leaf will not accept the return of any product they make a good faith determination was intentionally damaged or altered by the user.
User acknowledges that all returned products must be accompanied by the receipt or proof of purchase. Failure to include the receipt or proof of purchase with the returned product shall invalidate the return, and user shall not receive a refund.
User acknowledges that Calm Leaf will only accept the return of a product that was damaged or defective at delivery, or was damaged unintentionally within 5 days of delivery, any product that does not meet these criteria shall not be eligible for return, and all payments will be FINAL.
User acknowledges that any refund made for a returned product is estimated to take at least FOUR (4) weeks, although the refund may occur more quickly in some circumstances. This average time is the result of the time it takes us to receive your return (5-10 business days), the time it takes to process the return (3-5 days business days), and the time it takes for the processing of the refund (5-10 business days). Calm Leaf will make its best efforts to make all refunds within this estimated period, however, User understands that this date is only an estimation, and that circumstances beyond Calm Leaf’s control may result in delays or longer delivery or processing times, Calm Leaf makes no claim or warrant that it shall make any refund within 4 weeks, and User accepts that refunds may take longer than 4 weeks.
User acknowledges that all purchases made through the Calm Leaf Site shall be manufactured, processed, stored and shipped by third-party providers, and that Calm Leaf holds no inventory or stores of any product or item that may be advertised on the Site. Further, User acknowledges that all shipments shall be arranged and handled by third party providers in conformance with their own policies and practices.
User acknowledges that Calm Leaf makes no claims and is not responsible for the state or condition of any order made through the Site, and that the quality of any product or item ordered through the Site shall be the sole responsibility of the manufacturer or producer of said item or product.
User acknowledges that Calm Leaf shall only be responsible for processing product returns under the terms described above, and that Calm Leaf shall bear no responsibility for losses or damages resulting from defective or unsatisfying products for any reason.
b. Pricing Changes
We may change the fees and charges in effect, or add new fees and charges from time to time. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information from your Account Management page. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
c. Ongoing Registration
Your registration will continue in effect unless and until you cancel your registration or we terminate it. We will bill any charges or service fees at the then-current rate plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). All fees are fully earned upon payment.
d. Cancellation
All orders are final. If there is a problem with your order, please contact Calm Leaf and we will work with you to find a resolution. Please note that any refunds made for cancellation of an order will be made directly to the card that was used to place the order, and will not be paid out to any other payment source for any reason.
USER SUBMITTED CONTENT
You are entirely responsible for all publicly accessible Content that you upload, promote, sell, transfer, or otherwise convey or transmit via the Site. You expressly acknowledge and agree that your submission of Content for use by the Site (if posted on a public forum), if accepted by us in our sole discretion, will be accessible to the public, and that there is no confidentiality or privacy with respect to your Content, including any personally identifying information that you may make available relating thereto. We will maintain information provided to us outside of a public forum (such as placing orders and registration to the Site) private in compliance with our Privacy Policy.
We do not pre-screen Content, but reserve the right in our sole discretion to remove any Content that is made publicly available by you via the Site. We reserve the right to remove any Content for any reason, including without limitation, Content that reasonably appears to violate our Terms and Conditions or is otherwise objectionable.
By uploading Content to our Site, you agree:
(i) All information submitted to the Site will be genuine and authentic, and any indicated origin, source, creator, manufacturer, and/or provenance will be true and accurate;
(ii) That you own or have the necessary licenses, rights, consents and permissions ("Rights") to your Content and any other works that you incorporate into your Content, and you authorize and license us to use your Content in the manner contemplated in these Terms and Conditions; and
(iii) That you will provide true, accurate, current and complete information, and to make any and all disclosures required under applicable law.
By submitting your Content to the Site, you hereby grant us and our affiliates a worldwide, perpetual, royalty-free, non-exclusive, sub-licensable and transferable rights and licenses to (i) host, cache, store, archive, index, crawl, create algorithms based on, or modify your Content to appropriate media formats or mediums in any and all forms and by whatever means; (ii) to use, license, sell, digitize, stream, store, distribute, exhibit, reproduce, display, modify, adapt, edit, excerpt, communicate, translate, prepare derivative works and compilations of, compress, transmit, integrate, insert, market and promote your Content in any and all forms and media and by whatever means, and to exploit any and all rights relating thereto and derived therefrom; and (iii) to use your Content, in whole or in part, for and in connection with advertising, promotional or commercial purposes, including without limitation, the right to publicly display, reproduce and distribute your Content in any and all forms and media and by whatever means whether now known or hereafter devised or created, to exploit any and all rights relating thereto and derived therefrom, and to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights.
ORDERS
By submitting a product order via the Site, you agree to pay our fees as provided to you on our Site. We reserve the right to reject your order for any reason. The placement of a product order through the Site does not constitute a binding agreement for us to provide products until accepted by us. You agree that we may communicate with you via Text Message or email, or by phone about your order. All such actions should be conducted pursuant to local state, federal or county laws.
DELIVERY
By clicking on the 'Place Order' button at the end of the order process, you are consenting to be bound by our terms and conditions contained in these Terms and Conditions, our Disclaimer and any other terms appearing anywhere on our Site. Submitting your order is subject to our acceptance. We will not consider ourselves bound by a contract with you until you receive our confirmation email. We will send an email confirmation of your order details to advise that we are processing your order via the email address you provide, as well as provide an estimated delivery time. To avoid problems or delays with delivery, please ensure that you have included your complete address, including accurate zip code and telephone number and e-mail address so that we can notify you in the event that any delivery problems are encountered. Complaints as to missing or incorrect items must be made within 5 calendar days from delivery. Please check your order carefully, as there will be no credits, refunds or exchanges except as otherwise provided for in these Terms.
ALLERGY DISCLAIMER
If you have any form of medical condition, food intolerance or food allergies please be aware that our products may contain gluten, dairy, preservatives, cannabinoids, soy, additives, peanuts, other nuts, seafood, shellfish, eggs, capsicum and sesame seeds. We will not be liable for adverse reactions to the products or other items an individual may come into contact with while using any of our products.
We make every attempt to identify ingredients that may cause allergic reactions for those with food allergies. However, there is always risk of contamination in the production process. Although we have strict cross contamination policies, we cannot guarantee a total absence of food allergens or other substances in any of our products. Customers with food allergies must be aware of this risk. We will not assume any liability for adverse reactions from the products, or items one may come in contact with while using the products.
HEMP DISCLAIMER
Calm Leaf shall not be held liable for the medical claims made by customer testimonials. The statements made regarding these products have not been evaluated by the Food and Drug Administration. The efficacy of these products and the testimonials made have not been confirmed by FDA- approved research. These products are not intended to diagnose, treat, cure or prevent any disease. All information presented here is not meant as a substitute for or alternative to information from health care practitioners. Please consult your healthcare professional about potential interactions or other possible complications before using any product. The Federal Food, Drug, and Cosmetic Act requires this notice.
Our products are not for use by or sale to persons under the age of 21. Our products should be used only as directed on the label. It should not be used if you are pregnant or nursing. Consult with a physician before use if you have a serious medical condition or use prescription medications. A doctor’s advice should be sought before using our products.
INTELLECTUAL PROPERTY RIGHTS
The marks appearing on the Site, including, but not limited to, Calm Leaf’s respective logos, emblems, slogans, trade dress and designs are trademarks and/or service marks, including the name Calm Leaf, of Calm Leaf (the “Marks”). You agree not to use or otherwise appropriate any of Calm Leaf’s Marks appearing on or in association with Calm Leaf, Calm Leaf or any affiliated site. You will further indemnify us against any loss or damage accruing to it as a result of your unauthorized use of the Calm Leaf and Calm Leaf Marks, including the payment of any attorney’s fees.
Any third-party trademarks and/or service marks appearing on the Site are the property of their respective owners and may not be used without the express permission of those respective owners. You agree not to use or otherwise appropriate any third-party trademarks or service marks appearing on or in association with Calm Leaf or the Site, and you assume any and all liability associated with any unauthorized use. You will further indemnify us against any loss or damage accruing to it as a result of any unauthorized use, including the payment of any attorney’s fees.
You further acknowledge and agree that:
(a) all Marks, source code, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, the “look and feel”, and the operation of the Calm Leaf Site (the “Site Content”) are protected by various intellectual property laws in the United States and abroad, including, but not limited to, copyright law, trademark law, and common law principles of trade secret and trade dress; and
(b) all rights associated with the Site Content are owned by Calm Leaf, its licensors, or third-party content providers. Furthermore, you acknowledge and agree that you do not acquire any ownership rights by downloading or viewing any Site Content. You further acknowledge and agree that you will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, transmit, modify, adapt, reverse engineer, frame in any webpage, or alter the appearance of any Site Content.
You may not use the Site Content, domain names (in whole or in part), or e-mail addresses related to or derived from the Site, nor any data, trademarks, functionality, service marks, trade names, brand names and/or logos contained within or derived from the Site, for any purpose; meaning that you may not, among other prohibited uses, use any Site Content, domain names, e-mail addresses, data, trademarks, service marks, trade names, brand names and/or logos on or derived from the Calm Leaf Site or Calm Leaf:
(a) in or as any meta-tag or hidden text;
(b) in or as part of any contextual marketing directory, index, or triggering term;
(c) as content or advertising related to any other website including, but not limited to, critical, comparative, or informational websites; and/or
(d) as a variable or data element in any algorithm that causes another Internet browser to appear on, over, or at the same time as the Site or controls the content of any other Internet browser window.
DIGITAL MILLENNIUM COPYRIGHT ACT
We are committed to protecting copyrights and expects you to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Calm Leaf Site infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on the Calm Leaf Site infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov/) for details. DMCA notices and counter-notices should be sent to the following address:
Calm Leaf LLC.
DMCA Compliance
12550 Biscayne Blvd Ste 110
Miami, FL 33181
LIMITATION OF LIABILITY
Any communications or interactions between yourself and with third party service providers or advertisers on or through the Site, including payment for and delivery of products or services, and any other terms, conditions, warranties or representations associated with such dealings with the third party provider, are solely between you and such third party provider. You acknowledge and agree that we are not responsible for the acts or omissions of our unaffiliated third party service providers and shall bear no responsibility (financial or otherwise) as a result of any action or inaction on the part of any third party with respect to your contact information, and/or any Product or Service you purchased, or otherwise. Furthermore, we shall not be responsible or liable for any loss or damage, injury, or claim of any sort incurred as the result of any third party products.
In the event that you have a problem or issue with a third party service provider or incur damage as a result of third party action or inaction for any reason, we are not responsible in any capacity, nor are we obligated to act on your behalf, or represent you in any manner or capacity, before the third party service provider. In the event that your personal data is misused by any third party, we shall bear no responsibility for such unauthorized dissemination, and shall not be liable in any way for the actions of any third party which may receive your contact information. In the event of a dispute between yourself and one or more of the service providers involved in fulfilling your order or in the event of injury or damage caused by a third party service provider, you hereby expressly release Calm Leaf (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. By agreeing to these Terms you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. By accepting these terms you agree that your only recourse for the recovery of claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, shall be from the third party service providers directly.
We do not assume responsibility to verify the age of individuals submitting orders. However, we reserve the right to request supporting information to verify the age of any individual submitting a registration form.
LINKING AND THIRD-PARTY ADVERTISING
Not Responsible For Links to Other Web sites. From time to time this Site may include links to third party websites. These links are provided for your convenience to offer you further information on Products and Services. We have no responsibility for the content of the linked website(s). Unless expressly stated otherwise on this Site, we do not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, calculations, information, products or materials available at or through any third party web sites to which this Site may provide a link or may put you in contact with. By using this Site, you acknowledge and agree that we will not be responsible or liable to you or any other person for any damages or claims that might result from your access and use of such third party content, Product and/or Service, calculation, information, products or materials.
REVISIONS
You agree and acknowledge that we may revise or change these Terms and Conditions at any time, without notice to you, and you agree that you will be bound by the provisions of these Terms and Conditions as they appear on this Site at the time you access this Site. Because these Terms and Conditions may change, we encourage you to frequently review them. In addition, you agree and acknowledge that all other content, products and services, and materials on or available through this Site are subject to updating, cancellation and/or revision without notice to you. We reserve the exclusive right to change pricing, at any time, with 30 days' prior notice. These Terms and Conditions were last revised on January 1st, 2022.
LOCATION
You understand and acknowledge that Calm Leaf controls and operates this Site from within the United States of America. This Site provides information regarding services and products that are made available only in the United States. We make no representation that the services or products about which information may be provided on this Site will be available (a) anywhere outside of the United States or (b) in every state within the United States. You acknowledge and agree that you are responsible for compliance with all federal, state and local laws applicable to your access to and use of this Site.
USER IDs AND PASSWORDS
Certain areas or features of this Site may be restricted to users who have obtained a user identification and password by completing a registration process described on this Site. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities (including financial obligations and orders placed) that occur under your account or password. You agree to notify us immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this Site by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this Site that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.
THE INTERNET AS AN OPEN NETWORK
While certain designated parts of this Site employ technologies to secure your data and the transmissions between you and us, the Internet is an open system and we cannot provide absolute assurances that transmissions cannot be intercepted/decrypted by others.
PRIVACY AND SECURITY
Required Information: We identify what information is required to fulfill your order, and to provide you with additional information from third parties regarding the Products and Services. If you chose not to provide such required information, we may not be able to fulfill your order or provide you with additional information.
Service Providers: In some cases, we employ or use service providers such as consultants, temporary workers and third party software developers, to complete a business process or provide a service on our behalf. When we employ service providers, we may need to share your personally identifiable information. Service providers are strictly prohibited from using your personally identifiable information for purposes other than to act on our behalf.
Privacy Policy: We reserve the right to make changes to our Privacy Policy from time to time. If we plan to make significant changes to any of our privacy policies or practices with respect to how we use personally identifiable information, we’ll post those changes to the Site 30 days before they take effect. Our privacy policy is current as of January 1st, 2022.
Legal Disclosures: In some instances, we may be required to disclose certain information to comply with a legal process or mandate, such as a court order, subpoena, search warrant, or law enforcement request.
Web Site Usage Data: Our Site tracks usage data, including, for example, IP address, browser type and version, which pages are viewed, which page, if any, linked a visitor to our site, and which link, if any, a visitor follows off of our site. We use this data in the aggregate and on an individual level to better understand web site activity to improve our site offerings, to reconstruct activity from a session or by a user, for troubleshooting and issue resolution purposes. We may also use this data to provide you a more personalized web site experience, assistance with technical support questions, and to send you special offers, product and service updates, or other promotional materials that are relevant and tailored to your interests. If you do not want to receive these offers or promotions, simply indicate your contact preferences during the registration process, within any future communications or by sending an e-mail to us.
COPPA. Our Site is not designed to appeal to children under the age of 13. Therefore, we don’t knowingly attempt to solicit or receive any information from children.
This privacy notice should be read in conjunction with our Privacy Policy. In the event of a discrepancy between this privacy notice and our Privacy Policy, the Privacy Policy shall govern.
INDEMNIFICATION
If you make any unauthorized use of this Site or violate the Terms and Conditions: (a) you may be in violation of the laws of the United States, as well as applicable state laws, and may be subject to penalties, and (b) you may be responsible for damages caused to us and/or our Site. You agree to indemnify us and our affiliates, vendors and licensors, and all of the employees, officers, directors, agents and representatives thereof and to hold all of them harmless from, all costs, claims, damages, expenses or other losses, including attorney’s fees and court costs, that arise from or are related to your use of this Site, your registration and/or your breach/violation of or failure to comply with the Terms and Conditions.
DISCLAIMERS
UNLESS OTHERWISE STATED IN WRITING, THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS AND MATERIALS ON OR AVAILABLE THROUGH THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CALM LEAF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS AND MATERIALS ON OR AVAILABLE THROUGH THIS SITE COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND COULD BECOME INACCURATE BECAUSE OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES OF PREPARATION OR PUBLICATION. CALM LEAF HAS NO OBLIGATION TO MAINTAIN THE CURRENCY OR ACCURACY OF ANY CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS SITE.
YOU ACKNOWLEDGE AND AGREE THAT CALM LEAF IS NOT, AND SHALL NOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS SITE OR ITS OPERATION, OR WITH ANY PRODUCT OR SERVICE ORDERED THROUGH THIS SITE, OR WITH THE HANDLING OF YOUR PERSONAL INFORMATION BY THIRD PARTIES. AS TO THE OPERATION OF THIS SITE, Calm Leaf EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CALM LEAF MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE OPERATION OF THIS SITE WILL MEET YOUR OR ANY OTHER USER’S REQUIREMENTS; (B) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) ANY DEFECTS IN THIS SITE WILL BE CORRECTED. YOU AGREE THAT YOU, AND NOT CALM LEAF, WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS SITE.
CALM LEAF NOT LIABLE
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL CALM LEAF BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES OR INJURY CAUSED BY ERROR, INACCURACY, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, TELECOMMUNICATIONS FAILURE OR COMPUTER VIRUS OR OTHER PROBLEM, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE CONTENT, PRODUCTS, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS SITE, WHETHER IN AN ACTION ALLEGING BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY CONTENT, SERVICES OFFERED BY US, VENUES OR OTHER THIRD PARTIES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS SITE. YOU AGREE THAT CALM LEAF SHALL NOT BE LIABLE EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU HEREBY FORMALLY ASSUME ANY AND ALL RISKS AND LIABILITY FOR THE USE OF THE PRODUCTS, MATERIALS, OR ITEMS ORDERED THROUGH THE SITE, INCLUDING RISK FOR ANY INJURY OR DEATH THAT MAY OCCUR AS A RESULT OF THE USE OF ANY PRODUCT, INLUDING ANY USE INTENTIONAL OR ACCIDENTAL USE.
YOU HEREBY FORMALLY WAIVE AND RELEASE CALM LEAF FOR ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OR INJURY, INCLUDING DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES OR INJURY CAUSED BY ERROR, INACCURACY, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, TELECOMMUNICATIONS FAILURE OR COMPUTER VIRUS OR OTHER PROBLEM, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE CONTENT, PRODUCTS, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS SITE, WHETHER IN AN ACTION ALLEGING BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY CONTENT, SERVICES OFFERED BY US, VENUES OR OTHER THIRD PARTIES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS SITE. YOU AGREE THAT CALM LEAF SHALL NOT BE LIABLE EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT THERE SHALL BE NO WARRANTY.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL CALM LEAF'S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING OR USING THIS SITE.
COMMUNICATIONS WITH COMPANY
Time Sensitive Instructions: When communicating with us through this Site, instant messenger chat or via e-mail, do not use the Site, instant messenger, chat or e-mail to communicate any time-sensitive instructions. Such instructions may not be received or otherwise honored. All transactions conducted on this Site, instant messenger, chat or via e-mail, must be confirmed in writing by us to be accepted by and binding upon us.
E-Signature: General communications through this Site, instant messenger, chat or via e-mail are not intended by us to constitute either an electronic record or an electronic signature, or to constitute any agreement by the sender to conduct a transaction by electronic means, unless a specific statement to the contrary is included in the message and specific e-signature procedures are employed. However, your assent to a “click to accept” button or box is binding upon you.
Recording & Monitoring of Communications: Your communications with us via the Site, instant messenger, chat, e-mail, and telephone may be recorded or monitored and by using such communications methods you are consenting to the recording or monitoring of the same.
Prohibited E-mail Content: All of our employees are prohibited from using e-mail to make or send any type of menacing, defamatory, discriminatory, harassing, offensive or threatening statements/materials, or statement/materials that infringe the copyrights or legal rights of others in e-mail. Such communications are against Company policy and outside the scope of our employee’s employment. The Company does not accept any liability in respect of such communication, and the employee responsible will be personally liable for any damages or other liability arising. Please report any such violations to us. The use of the Company’s e-mail facilities for purposes of sending menacing, harassing, offensive or threatening messages to our employees is strictly prohibited and is unlawful; violators will be prosecuted to the fullest extent of the law.
Negligent Misstatement: The Company disclaims any and all responsibility, including responsibility based on negligence or negligent misstatement, for the accuracy, completeness, or reliability of data or information contained in or furnished through e-mail or furnished by third parties and the Company makes no warranties, express or implied, with respect to such data or information.
Opt-Out: E-mails sent by us may constitute an advertisement or solicitation under U.S. law, if its primary purpose is to advertise or promote a commercial product or service. If you do not wish to receive advertising and promotional messages from us, you may opt-out by sending an e-mail to info@thecalmleaf.com.
Viruses: Computer viruses can be transmitted via e-mail through e-mail content, attachments to e-mails and embedded links. Although our e-mails are believed to be free of any virus or other defects that might affect computer systems in which they are received and opened, it is the recipient’s responsibility to ensure that any e-mail they open is virus free. The Company is not responsible for any loss or damage arising in any way from the receipt, use, storage or transmission of our e-mails. If our Company forwards an e-mail or replies to a prior e-mail, the contents may have been produced by someone other than our Company or our Team Members for which the Company assumes no liability whatsoever. THE COMPANY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT COMPANY E-MAILS OR THE SITE ARE VIRUS FREE AND/OR ERROR FREE. The use of e-mail to introduce any virus, malicious or disabling code, or to otherwise interfere with the Company’s e-mail transmissions, telecommunication, or computer networks is prohibited and against the law; violators will be prosecuted to the fullest extent of the law.
ADDITIONAL TERMS
You acknowledge that certain features of this Site, as well other products and services of Calm Leaf, including those that may be available through this Site, may be subject to terms, conditions and disclaimers in addition to these Terms and Conditions, and you agree that your use of such products and services will be subject to such additional terms, conditions and disclaimers.
Permission to Be Contacted: By submitting information to Calm Leaf through the Site or otherwise, you are making an inquiry as to Products offered by Calm Leaf or any of its unaffiliated third parties, and give Calm Leaf and its affiliates permission to contact you through e-mail, fax, or telephone, or any means, even if your phone number is on a “Do Not Call” list.
Permission to Share Your Information: When you “submit” information through the Site or otherwise, we may send your information to third party affiliates for purposes of fulfilling your order.
Reasonable Efforts: We are not responsible for delays resulting from third parties.
GOVERNING LAW
You agree that these Terms of Use and our Privacy Policy shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions, the Privacy Policy or the use of this Site shall be filed only in the state or federal courts located in Miami-Dade County, Florida, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You further agree to waive any rights you may have to a trial by jury or right to join a class action suit as against us. In the event of a lawsuit, if we prevail, you shall be responsible for our legal fees.
SEVERABILITY
You agree that if any provision of these Terms and Conditions shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms and Conditions and shall not affect the validity and enforceability of such other provisions.