Terms & Conditions
This website is operated by Palm CBD LLC. Throughout the site, the terms “we”, “us” and“our” refer to Palm CBD. Palm CBD LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”,“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b)changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express wrote permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colours and images of ourproducts that appear at the store. We cannot guarantee that your computer monitors display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on acase-by-case basis. We reserve the right to limit the quantities of any products or servicesthat we offer. All descriptions of products or product pricing are subject to change atanytime without notice, at the sole discretion of us. We reserve the right to discontinueany product at any time. Any offer for any product or service made on this site is voidwhere prohibited.We do not warrant that the quality of any products, services, information, or othermaterial purchased or obtained by you will meet your expectations, or that any errors inthe Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion,limit or cancel quantities purchased per person, per household or per order. Theserestrictions may include orders placed by or under the same customer account, the samecredit card, and/or orders that use the same billing and/or shipping address. In the eventthat we make a change to or cancel an order, we may attempt to notify you by contactingthe e-mail and/or billing address/phone number provided at the time the order was made.We reserve the right to limit or prohibit orders that, in our sole judgment, appear to beplaced by dealers, resellers or distributors.You agree to provide current, complete and accurate purchase and account informationfor all purchases made at our store. You agree to promptly update your account and otherinformation, including your email address and credit card numbers and expiration dates,so that we can complete your transactions and contact you as needed.For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor norhave any control nor input.You acknowledge and agree that we provide access to such tools ”as is” and “as available”without any warranties, representations or conditions of any kind and without anyendorsement. We shall have no liability whatsoever arising from or relating to your use ofoptional third-party tools.Any use by you of optional tools offered through the site is entirely at your own risk anddiscretion and you should ensure that you are familiar with and approve of the terms onwhich tools are provided by the relevant third-party provider(s).We may also, in the future, offer new services and/or features through the website(including, the release of new tools and resources). Such new features and/or servicesshall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materialsfrom third-parties.Third-party links on this site may direct you to third-party websites that are not affiliatedwith us. We are not responsible for examining or evaluating the content or accuracy andwe do not warrant and will not have any liability or responsibility for any third-partymaterials or websites, or for any other materials, products, or services of third-parties.We are not liable for any harm or damages related to the purchase or use of goods,services, resources, content, or any other transactions made in connection with anythird-party websites. Please review carefully the third-party’s policies and practices andmake sure you understand them before you engage in any transaction. Complaints,claims, concerns, or questions regarding third-party products should be directed to thethird-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) orwithout a request from us you send creative ideas, suggestions, proposals, plans, or othermaterials, whether online, by email, by postal mail, or otherwise (collectively,‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish,distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence;(2) to pay compensation for any comments; or (3) to respond to any comments.We may, but have no obligation to, monitor, edit or remove content that we determine inour sole discretion are unlawful, offensive, threatening, libelous, defamatory,pornographic, obscene or otherwise objectionable or violates any party’s intellectualproperty or these Terms of Service.You agree that your comments will not violate any right of any third-party, includingcopyright, trademark, privacy, personality or other personal or proprietary right. Youfurther agree that your comments will not contain libelous or otherwise unlawful, abusiveor obscene material, or contain any computer virus or other malware that could in any wayaffect the operation of the Service or any related website. You may not use a false e-mailaddress, pretend to be someone other than yourself, or otherwise mislead us orthird-parties as to the origin of any comments. You are solely responsible for anycomments you make and their accuracy. We take no responsibility and assume no liabilityfor any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our PrivacyPolicy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that containstypographical errors, inaccuracies or omissions that may relate to product descriptions,pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website isinaccurate at any time without prior notice (including after you have submitted yourorder).We undertake no obligation to update, amend or clarify information in the Service or onany related website, including without limitation, pricing information, except as requiredby law. No specified update or refresh date applied in the Service or on any related website,should be taken to indicate that all information in the Service or on any related websitehas been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibitedfrom using the site or its content: (a) for any unlawful purpose; (b) to solicit others toperform or participate in any unlawful acts; (c) to violate any international, federal,provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon orviolate our intellectual property rights or the intellectual property rights of others; (e) toharass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate basedon gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;(f) to submit false or misleading information; (g) to upload or transmit viruses or anyother type of malicious code that will or may be used in any way that will affect thefunctionality or operation of the Service or of any related website, other websites, or theInternet; (h) to collect or track the personal information of others; (i) to spam, phish,pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) tointerfere with or circumvent the security features of the Service or any related website,other websites, or the Internet. We reserve the right to terminate your use of the Service orany related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will beuninterrupted, timely, secure or error-free.We do not warrant that the results that may be obtained from the use of the service will beaccurate or reliable.You agree that from time to time we may remove the service for indefinite periods of timeor cancel the service at any time, without notice to you.You expressly agree that your use of, or inability to use, the service is at your sole risk. Theservice and all products and services delivered to you through the service are (except asexpressly stated by us) provided ‘as is’ and ‘as available’ for your use, without anyrepresentation, warranties or conditions of any kind, either express or implied, includingall implied warranties or conditions of merchantability, merchantable quality, fitness fora particular purpose, durability, title, and non-infringement.In no case shall Palm CBD, our directors, officers, employees, affiliates, agents,contractors, interns, suppliers, service providers or licensors be liable for any injury, loss,claim, or any direct, indirect, incidental, punitive, special, or consequential damages ofany kind, including, without limitation lost profits, lost revenue, lost savings, loss of data,replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or anyproducts procured using the service, or for any other claim related in any way to your useof the service or any product, including, but not limited to, any errors or omissions in anycontent, or any loss or damage of any kind incurred as a result of the use of the service orany content (or product) posted, transmitted, or otherwise made available via the service,even if advised of their possibility. Because some states or jurisdictions do not allow theexclusion or the limitation of liability for consequential or incidental damages, in suchstates or jurisdictions, our liability shall be limited to the maximum extent permitted bylaw.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Palm CBD and our parent, subsidiaries,affiliates, partners, officers, directors, agents, contractors, licensors, service providers,subcontractors, suppliers, interns and employees, harmless from any claim or demand,including reasonable attorneys’ fees, made by any third-party due to or arising out of yourbreach of these Terms of Service or the documents they incorporate by reference, or yourviolation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful,void or unenforceable, such provision shall nonetheless be enforceable to the fullestextent permitted by applicable law, and the unenforceable portion shall be deemed to besevered from these Terms of Service, such determination shall not affect the validity andenforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shallsurvive the termination of this agreement for all purposes.These Terms of Service are effective unless and until terminated by either you or us. Youmay terminate these Terms of Service at any time by notifying us that you no longer wishto use our Services, or when you cease using our site.If in our sole judgment you fail, or we suspect that you have failed, to comply with anyterm or provision of these Terms of Service, we also may terminate this agreement at anytime without notice and you will remain liable for all amounts due up to and including the
date of termination; and/or accordingly may deny you access to our Services (or any partthereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Serviceshall not constitute a waiver of such right or provision.These Terms of Service and any policies or operating rules posted by us on this site or inrespect to The Service constitutes the entire agreement and understanding between youand us and govern your use of the Service, superseding any prior or contemporaneousagreements, communications and proposals, whether oral or written, between you and us(including, but not limited to, any prior versions of the Terms of Service).Any ambiguities in the interpretation of these Terms of Service shall not be construedagainst the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Servicesshall be governed by and construed in accordance with the laws of the Commonwealth ofMassachuesetts.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.We reserve the right, at our sole discretion, to update, change or replace any part of theseTerms of Service by posting updates and changes to our website. It is your responsibility tocheck our website periodically for changes. Your continued use of or access to our websiteor the Service following the posting of any changes to these Terms of Service constitutesacceptance of those changes.1. Returns are allowed within 14 days.2. Returns must be unused and unopened.
3. Shipping costs will not be refunded.4. Customer is responsible for the return shipping costs.5. Refunds will not be issued until the product has been confirmed received, but oncereceived every effort must be made to handle the refund same day.6. All refunds require RMA.7. Disposition of unopened refunded products to be decided.8. There is a 15% restocking fee for all product returns.During the checkout process you will be given the complete terms of your purchase.Included in those terms is your clear understanding that we are selling these products ascontaining CBD (cannabidiol) from hemp oil. These products have not been evaluated bythe FDA. We are committed to complete compliance with FDA regulations and as such,because these products have not been evaluated by the FDA, we make no claims as to anyextra benefits for products containing CBD (cannabidiol). If you decide to purchase ourproducts, you are drawing your own opinions as to any additional benefits or use theseproducts may provide. All CibdexTM, CibadermTM and CanchewTM gum products carry a14-day customer satisfaction guarantee. If you are not satisfied with any of theseproducts, simply return the unused portion of the product for a full refund less anyshipping charges.Your acceptance of the terms of purchase means you agree to and understand the refundpolicy.Damage During ShippingWe take customer satisfaction very seriously. All of our products are tested for quality, andall shipments are carefully inspected before leaving our warehouse.Please check your shipment carefully upon arrival to ensure it has not been damagedduring shipping. All claims for damaged product must be made with 72hrs. Please contactus and provide detailed information for any product damaged during shipping within thattime.
International OrdersIn some countries, you may incur some extra shipping charges for end-point drop off, taxtariffs, and other charges. If purchasing from a country outside of the United States, weimplore you to do your own research about these possible charges prior to making apurchase. You will not be reimbursed or refunded based on these extra charges