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4/20 SALE

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Terms of Use

Hemponix – Terms of Use Policy

 

This website (“Site”) is operated by Hemponix Holdings, LLC (“Hemponix”). Throughout the Site, the terms “we”, “us” and “our” refer to Hemponix. Hemponix offers this Site, including all information, tools and services available from this Site to you, the user of this Site, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. The terms “you” and “your” refer to the user of the Site.

 

By accessing or visiting our Site or purchasing products from us, you agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and contributors of content.

 

Any new features or products added to the Site shall also be subject to these Terms. You can review the most current version of these Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

 

  1. Online Store Terms and General Conditions

By agreeing to these Terms, you represent that you are the age of majority in your state or region of residence. Hemponix adheres to all hemp and cannabis-related laws pertaining to the jurisdiction in which we operate set forth by the United States government as well as the State of Minnesota. Hemponix is aware that different states or regions may have differing laws regarding cannabis, hemp and CBD products, and therefore assumes no responsibility for the actions of customers or other entities. The act of purchasing any product from Hemponix will constitute an agreement that the purchaser will assume all responsibility for following applicable laws regarding the possession and use of cannabis, hemp, or CBD products within their state or region. A breach or violation of any of the Terms may result in a cancellation of your order and prohibition on purchasing products from us in the future. Our Accessibility Statement for access to our Site or any function of the Site can be found here https://www.hemponix.com/accessibility-statement/.

 

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 Site, use of the Site, or access to the Site or any contact on the Site through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

  1. Products and Terms of Sale

Certain Hemponix and third party products may be available online through the Site. These products may have limited quantities and are subject to our Return Policy, which can be found here https://www.hemponix.com/refund-returns-policy/. Products on our Site are also subject to our Shipping Policy which can be found here https://www.hemponix.com/shipping-policy/. Prices for products sold on the Site are subject to change without notice. We reserve the right at any time to modify or discontinue the products (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 products. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store, however we cannot guarantee that your computer monitor’s display of any color will be accurate.

 

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. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail, billing address, or 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 be placed by dealers, resellers or distributors.

 

We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.

 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you through our Site will meet your expectations, or that any errors in a product will be corrected.

 

You agree to provide current, complete and accurate purchase and account information for all purchases through our Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

  1. Ownership

Except as otherwise stated, all content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Hemponix or its third party suppliers and protected by international copyright laws. The compilation of all content on this Site is the exclusive property of Hemponix, with copyright authorship for this collection by Hemponix, and protected by international copyright laws.

 

  1. Third Party Products

Certain content and products available via our Site may include materials from third parties. Third party links on this Site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials 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 third party products, services, resources, content, or any other transactions made in connection with any third party websites or third party products purchased through this Site. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.

 

  1. User Comments, Feedback and Other Submissions

If you send certain specific submissions, creative ideas, suggestions, proposals, plans, or other materials, 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 in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

 

  1. Personal Information

Your submission of personal information through this Site is governed by our Privacy Policy. Our  Privacy Policy can be viewed here https://www.hemponix.com/privacy-policy/.

 

  1. Accuracy, Completeness and Timeliness of Site Information

We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site, including information found on the FAQ page, 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 which may 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.

 

  1. Errors, Inaccuracies and Omissions

Occasionally there may be information on our Site that contains typographical 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 on our Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on our Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied to the Site or on any related website, should be taken to indicate that all information on the Site or on any related website has been modified or updated.

 

  1. Prohibited Uses

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform 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 or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on 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 any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, or pretext; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site, cancel your outstanding orders, and ban your future orders for violating any of the prohibited uses.

 

  1. Disclaimer of Warranties; Limitation of Liability

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND ALL PRODUCTS DELIVERED TO YOU THROUGH YOUR PURCHASE OF SUCH PRODUCTS ON THE SITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

 

IN NO EVENT SHALL HEMPONIX, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE TO YOU FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT HEMPONIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HEMPONIX’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO HEMPONIX PURSUANT TO THE APPLICABLE PRODUCT WHICH GAVE RISE TO THE CLAIM.

 

  1. Indemnification

You agree to indemnify, defend and hold harmless Hemponix and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any third party claim, suit or proceeding (including reasonable attorneys’ fees) brought against Hemponix as a result of, relating to or arising from (i) your negligence or willful misconduct, (ii) your breach of these Terms, or the policies they incorporate by reference; (iii) violation of any applicable rule, law, regulation, or third party privacy or intellectual property rights; or (iv) any material, information, data, content, services, deliverables, and other material provided or approved by you.

 

  1. Governing Law; Jurisdiction

These Terms and all related documents, and all matters arising out of or relating to these Terms, are governed by, and construed in accordance with, the laws of the State of Minnesota, United States of America, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Minnesota. You irrevocably and unconditionally submit to the exclusive jurisdiction of and agree to bring any action, litigation or proceeding of any kind whatsoever against Hemponix in any way arising from or relating to these Terms, and all contemplated transactions only in U.S. District Court of Minnesota or, if such court does not have subject matter jurisdiction, the courts of the State of Minnesota. You agree that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

 

  1. Force Majeure

Hemponix shall not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Hemponix including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

 

  1. Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

  1. Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies referenced herein or operating rules posted by us on this Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

 

Please contact us at [email protected] with any questions regarding these Terms, other Hemponix policies, or questions on your order.