Terms and Conditions of Use


The ProfSnook.com website (“Website”) is operated by CBD Botanica, Inc. (“CBD Botanica,” “Company,” “Us,” “Our”or “We”). Your use of and access to this Website is conditional upon your acceptance of these Terms of Use including our Privacy Policy, which is incorporated into these Terms of Use and describes our data collection, use, and sharing practices.

If you do not agree with these Terms of Use or our Privacy Policy, do not access or use the Website. By accessing this Website, you are agreeing to these terms of use and our Privacy Policy. We may modify these Terms of Use at any time without notice. All changes will be effective immediately upon posting to the Website.

Permitted Users

This 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 Rights

Any 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 Information

CBD 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.

The Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of CBD Botanica, or unless authorized in writing elsewhere on our Website, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CBD Botanica brands and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing CBD Botanica’s name or trademarks without the express written consent of CBD Botanica. Modification or use of the Content except as expressly provided in these Terms of Use violates CBD Botanica’s intellectual property rights. Any unauthorized use terminates the permission or license granted by CBD Botanica.

Third-Party Websites

This Website may link to, or be linked to, websites not maintained or controlled by CBD Botanica. Those links are provided as a convenience and CBD Botanica is not responsible for examining or evaluating the content or accuracy of, and does not warrant or endorse, any third-party website or any products or services made available through those websites. Please take care when leaving the Website to visit a third-party website. You should read the terms of use and privacy policy for each website that you visit. We assume no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Website.

Site Content Changes

We 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 Risk

You 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 Warranties

THE 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 Liability

We 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).

Indemnity

You will indemnify and hold CBD Botanica, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any breach that arises out of or in connection with (1) your access to or use of the Website, including to obtain cannabis products; (2) your misuse of any material, data, or other data downloaded or otherwise obtained from the Website; or (3) your breach of these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Website.

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 65

California’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.

Information You Provide

CBD Botanica will treat any personal information that you submit through this Website in accordance with its Privacy Policy as set forth on this Website.

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.

Although under no obligation to do so, we reserve the right to monitor use of this Website to determine compliance with these Terms of Use, as well the right to remove or refuse any submissions for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither CBD Botanica nor any third party that provides Content to CBD Botanica will assume or have any liability for any action or inaction by CBD Botanica or such third party with respect to any submission.

Security

We 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.

Any passwords used for this Website are for individual use only. You will be responsible for the security of your password (if any). CBD Botanica will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that CBD Botanica considers insecure, CBD Botanica will be entitled to require the password to be changed and/or terminate your account. You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, CBD Botanica reserves the right to release your details to system administrators at other Websites in order to assist them in resolving security incidents. CBD Botanica reserves the right to investigate suspected violations of these Terms of Use.

CBD Botanica reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing CBD Botanica to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

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.

Governing Law

These Terms of Use are governed by the law of the State California, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in California in connection with any dispute between you and CBD Botanica arising out of or pertaining to these Terms of Use. The Parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in Sonoma County, California.

If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this Website will govern the items to which they pertain.

Disputes

Any 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.

Entire Agreement, Waiver and Severability

These Terms of Use including our Privacy Policy, are the entire agreement between you and CBD Botanica with respect to your access to and use of the Website. CBD Botanica’s failure to enforce any provision of these Terms of Use will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by CBD Botanica. If any provision of these Terms of Use is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms of Use are for convenience only and do not affect the interpretation of these Terms of Use. These Terms of Use inure to the benefit of CBD Botanica’s successors and assigns.

Any provisions of these Terms of Use that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms of Use or of your access to or use of the Website.

Third-Party Beneficiaries

These Terms of Use do not confer any rights, remedies, or benefits upon any person other than you and CBD Botanica, except that our subsidiaries and affiliates are third-party beneficiaries of these Terms of Use.

Termination

At 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.

Electronic Communications

These Terms of Use and any other documentation, agreements, notices, or communications between you and CBD Botanica may be provided to you electronically to the extent permissible by law. Please save a copy of all documentation, agreements, notices, and other communications for your reference.

Contact Us

Please direct any questions and concerns regarding these Terms of Use to us by email at Inquiries@ProfSnook.com.

Copyright © 2021 by CBD Botanica, Inc. All rights reserved.

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