Terms and Conditions of Use
Permitted UsersThis Website is intended to be used and accessed only by persons who are 21 years or older. You agree that by using this Website you represent that you are at least 21 years old and that you are legally able to enter into this Agreement. Use of the Website by persons under 21 is strictly prohibited. No information obtained by this website falls within the Child Online Privacy Act (COPA) and is not monitored as doing so.
To access this Website or some of the resources it has to offer, you may be asked to provide certain sign-up details or other information. It is a condition of your use of this Website that all the information you provide on this Website will be correct, current, and complete. If we believe the information you provide is not correct, current, or complete, we have the right to refuse you access to this Website or any of its resources, and to terminate or suspend your access at any time, without notice.
Intellectual Property RightsAny unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to or licensed by CBD Botanica or any affiliated third party is strictly prohibited
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 CBD Botanica or its affiliated brands and content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of CBD Botanica, with copyright authorship for this collection by CBD Botanica, and protected by international copyright laws.
CBD Botanica’s licensed trademarks and trade dress may not be used in connection with any product or service that is not CBD Botanica’s in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CBD Botanica or the Professor Snook’s brand. All other trademarks not owned by CBD Botanica or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CBD Botanica or its subsidiaries.
Proprietary InformationCBD Botanica grants you a limited license to access and make personal use of this site. The material and content (hereinafter referred to as the “Content”) accessible from this Website is the proprietary information of CBD Botanica or the party that provided the Content to us, and CBD Botanica or the party that provided the Content to us retains all right, title, and interest in the Content.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the ProfSnook site, so long as the link does not portray CBD Botanica, its brands and affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
Site Content ChangesWe may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Use of Website at Own RiskYou understand that CBD Botanica cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, or other code that may manifest contaminating or destructive properties. Your use of the Website is at your own risk and you, alone, are responsible for any damage to your computer hardware, software, systems, and networks, any loss of data that results from the download of any data from the Website, and any other damage that may be incurred. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Website for the reconstruction of any lost data. CBD Botanica does not assume any responsibility or risk for your use of the Internet.
Disclaimer of WarrantiesTHE CONTENT ON THIS WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. NEITHER CBD BOTANICA OR ANY PERSON ON CBD BOTANICA’S BEHALF HAS MADE OR MAKES ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER, EITHER ORAL OR WRITTEN, REGARDING THE INFORMATION OR PRODUCTS AVAILABLE VIA THE WEBSITE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOU ACKNOWLEDGE THAT IN OBTAINING INFORMATION OR PRODUCTS THROUGH THE WEBSITE YOU ARE NOT RELYING ON ANY REPRESENTATION OR WARRANTY MADE BY CBD BOTANICA, OR ANY OTHER PERSON ON CBD BOTANICA’S BEHALF. YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAW RELATED TO CANNABIS, AND BY PROVIDING ACCESS TO CANNABIS TO VISITORS OF THE WEBSITE CBD BOTANICA IS IN NO WAY GUARANTEEING THE LEGALITY OF THE POSSESSION OR USE OF CANNABIS FOR YOUR PARTICULAR PURPOSE.
CBD BOTANICA MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
CBD BOTANICA DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND CBD BOTANICA MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ASSUME ALL RISK AND LIABILITY FOR THE RESULTS OF THE POSSESSION OR USE OF CANNABIS OBTAINED FROM CBD BOTANICA MANUFACTURING PARTNERS AND BRANDS AND/OR THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, GENERAL EFFECTIVENESS, YOUR ACTIONS WHILE USING CANNABIS, AND CONFLICT BETWEEN STATE AND FEDERAL LAW, AND REGARDLESS OF ANY ORAL OR WRITTEN STATEMENTS MADE BY CBD BOTANICA, BY WAY OF ADVICE OR OTHERWISE, RELATED TO THE POSSESSION OR USE OF CANNABIS.
CBD BOTANICA DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM CBD BOTANICA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL CBD BOTANICA OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE, OR ATTORNEYS’ FEES, COSTS OR PREJUDGMENT INTEREST BASED ON CLAIMS OF THE OTHER PARTY OR ANY OTHER PARTY ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT, FAILURE OF ANY REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.
SOME JURISDICTIONS DO 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 SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.
Limitation on LiabilityWe do not warrant the accuracy, completeness, or usefulness of any information on the Website. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
The Site includes content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by CBD Botanica, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of CBD Botanica. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
IN NO EVENT WILL CBD BOTANICA, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, OR ANY ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, ATTORNEY’S FEES, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF CBD BOTANICA AND ITS AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO CBD BOTANICA IN THE 12 MONTHS PRECEEDING THE EVENTS THAT LED TO THE CAUSE OF ACTION, OR, IF GREATER, FIVE HUNDRED DOLLARS ($500).
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Proposition 65California’s Proposition 65 requires the provision of a warning to California consumers regarding products containing certain chemicals. We are providing the Proposition 65 warning for the products that are depicted or offered for sale on or through our Website:
WARNING: This product can expose you to chemicals including beta-myrcene, which is known to the State of California to cause cancer, and THC (Δ⁹-Tetrahydrocannabinol or Delta-9-Tetrahydrocannabinol), which is known to the State of California to cause reproductive harm. For more information go to www.P65Warnings.ca.gov.
While we make every effort to feature products responsibly, we also want our customers to make informed purchasing decisions, including learning more about Proposition 65. For more information about Proposition 65, please visit the California OEHHA Proposition 65 program at oehha.ca.gov/proposition-65.
If we offer an opportunity for public comment and other submissions, you may not post, send, submit, publish, or transmit in connection with this Website any material that:
• you do not have the right to post, including proprietary material of any third party;
• advocates illegal activity or discusses an intent to commit an illegal act;
• vulgar, obscene, pornographic, or indecent;
• does not pertain directly to this Website;
• threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
• seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
• infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
• violates any law or may be considered to violate any law;
• impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
• advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Website;
• solicits funds, advertisers or sponsors;
• includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
• disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this Website;
• includes MP3 format files;
• amounts to a ‘pyramid’ or similar scheme;
• disobeys any policy or regulations established from time to time regarding use of this Website or any networks connected to this Website; or
• contains hyperlinks to other Websites that contain content that falls within the descriptions set forth above.
SecurityWe care about the security and integrity of your personal information. But we cannot guarantee that unauthorized third parties will never be able to defeat the security measures we have in place, or use your personal information for improper purposes. You acknowledge and agree that you provide your personal information at your own risk.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS CBD BOTANICA FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CBD BOTANICA DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER CBD BOTANICA OR LAW ENFORCEMENT AUTHORITIES.
DisputesAny dispute relating in any way to your visit to this Website or to products you purchase or receive through CBD Botanica shall be submitted to confidential mediation in California, United States, except that, to the extent you have in any manner violated or threatened to violate CBD Botanica’s intellectual property rights, CBD Botanica may seek injunctive or other appropriate relief in any state or federal court in the state of California, United States, and you consent to exclusive jurisdiction and venue in such courts.
In the event Mediation is unsuccessful, within thirty (30) calendar days of mediation, the Dispute shall be submitted to binding arbitration administered pursuant to JAMS’ Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules (or, if mutually agreed to by the Parties, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures). Any Dispute submitted to final, binding arbitration shall be heard in Santa Rosa, California by a single arbitrator mutually chosen by the Parties in writing, who shall be a retired judge or litigator with five (5) years or more of experience with claims similar to the Dispute. The arbitrator shall not have any power to alter, amend, modify or change any of the terms of this Agreement nor to grant any remedy that is either prohibited by the terms of this Agreement, or not available in a court of law. The arbitrator is not empowered to award attorneys’ fees, or punitive or exemplary damages, except where such damages permitted by statute, and the Parties waive any right to recover any such damages. In the event this arbitration agreement or a resulting arbitration award is subject to review by a court, such court shall use the arbitrary and capricious standard of review. Prior to an arbitrator’s final decision on a Dispute, the costs of any arbitration, including any JAMS administration fee, the arbitrator’s fee, and costs for the use of facilities during the hearings, shall be borne equally by the Parties to the arbitration. Judgment on a final award rendered by the arbitrators may be entered and enforced in any court of competent jurisdiction.
Notwithstanding the foregoing, in the event of any actual, alleged or threatened violation of confidentiality or violation of CBD Botanica’s intellectual property or other proprietary rights, CBD Botanica may immediately resort to court proceedings in a court of competent jurisdiction as set forth above in order to seek immediate injunctive relief without posting of a bond, proof of damages or other similar requirement. The institution of any action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any claim seeking relief other than injunctive relief to arbitration.
The parties agree that they must initiate arbitration within one (1) year after any Dispute arose; otherwise, the Dispute is permanently barred.
TerminationAt its sole discretion, CBD Botanica may modify or discontinue the Website, or may modify or terminate your account or your access to this Website, for any reason, with or without liability to you or any third party.
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