Store Policy

Terms of Service

OVERVIEW

This website is operated by AllthingsCBD.com. Throughout the site, the terms “we”, “us” and “our” refer to AllthingsCBD.com. AllthingsCBD.com 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.

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 an 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 written 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)

All Things CBD offers federally legal industrial hemp products that are produced in accordance with the 2018 United States Farm Bill. Our products are compliant with the Colorado State Department of Agriculture and is independently verified by third party labs to contain less then 0.3% THC. The United States Farm Bill defines hemp as a Cannabis plant containing less then 0.3% THC on a dry weight basis. We make no guarantee as to the lawfulness of any product offered on our website or that you will be able to pass a drug test after consuming products available on our website. If you have any questions regarding the legality of industrial hemp in your jurisdiction, please consult your attorney.

 

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 colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color 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 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 anytime 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 will meet your expectations, or that any errors in the 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. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/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 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 be placed by dealers, resellers or distributors.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. 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.

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 nor have 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 any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

 

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which 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 services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service 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 goods, services, resources, content, or any other transactions made in connection with any third-party websites. 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.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send 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 of Service.

 

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 Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. 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.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

 

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service 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 in the Service 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 in the Service or on any related website, including without limitation, pricing information, except as required by 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 website has been modified or updated.

 

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, 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 Service 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, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere 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 or any 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 be uninterrupted, timely, secure or error-free.

 

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

 

You agree that from time to time we may remove the service for indefinite periods of time or 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. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ 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 case shall AllthingsCBD.com, 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 of any 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 any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any 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 the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless AllthingsCBD.com 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 your breach of these Terms of Service or the documents they incorporate by reference, or your violation 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 fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to 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 any term or provision of these Terms of Service, we also may terminate this agreement at any time 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 part thereof).

 

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall 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 in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, 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 of Service).

 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Miami Florida US 33143 and Eagle County, US.

 

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 these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at vail@allthingscbd.com.

Privacy & Safety

Privacy Policy

Effective Date June 2018

All Things CBD Privacy Policy This Privacy Policy applies to the All Things CBD website and our related social media sites, our mobile application, through computerized devices in stores and in-store data collection forms, and through any location where this Policy is posted (collectively, the "Site") and is operated by All Things CBD ("Us", "We" or "Our").

We take the privacy, security and confidentiality of your information, including any personally identifiable information ("Personal Data" or "PII") extremely seriously. Accordingly, we take commercially practicable precautions to ensure the security and confidentiality of that information. We also want you to know what information we collect, why, and how we will treat it once collected. Finally, we want you to be able to have control over your Personal Data so that if you need to update or to correct your information or want to opt-out of receiving certain communications, you can do that easily. In short, this Policy is for you. Please read it carefully.

Please note the arbitration provision set forth below, requiring you to arbitrate any claims you may have against All Things CBD on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

 

CONSENT:

BY ACCESSING THE SITE AND/OR CREATING AN ACCOUNT WITH US, YOU ARE CONSENTING TO THE COLLECTION, USE, DISCLOSURE, TRANSFER AND STORAGE OF PERSONAL AND NON-PERSONAL DATA OR OTHER INFORMATION RECEIVED BY US AS A RESULT OF SUCH USE IN ACCORDANCE WITH THIS POLICY. 

What Information Is Collected?

We may collect and store personal information and non-personal that you provide to us via the Site or that you provide to our Customer Service Department, as further described below.

1. Personal Data

We may collect Personal Data ("PII") from users of the Site in several instances. Some examples are as follows:

·       We may collect your name, email address, mailing address, zip code, and preferences if you complete a form within our stores. This information will be used to provide you with products that may be of interest to you and to provide you with information that you request.

·       We may collect your name, email address, mailing address, zip code, date of birth, if you create an account with us. This information will be used to help you keep track of your orders, to keep you updated about special offers, updates related to the Site, and to facilitate checkout during purchases.

·       We may collect your name, email address, and zip code if you sign up to receive promotional emails from us. This information may be used to contact you about sales, special offers and new features available through the Sites.

·       We may collect your name and email address if you contact us with a question or request a Live Chat with us. This information may be used so that we can respond to your question or contact you should we disconnect from our Live Chat.

·       We may collect your name, email address, and other contact information if you participate in a promotion (e.g., contest, sweepstakes) that we sponsor. This information will be used to fulfill the terms of the promotion and to contact you regarding promotional and special offers, sales, and new features available through the Sites. It will also be subject to the terms accompanying such promotion.

·       We may collect your name, age, zip code, shopping habits, email address and/or mailing address if you choose to participate in one of our on-line surveys. This information will be used to help provide us with relevant information about our consumers.

We also may obtain, collect and aggregate information (including Personal Data) provided to us by our marketing service providers and other vendors. That information may include information on current subscribers or customers, and is used for a number of things including enabling us to send you the most relevant, timely and exciting offers and announcements specifically tailored for you and your interests. Of course, you can update your information or change your preferences regarding receiving announcements and other information from us at any time by accessing your account via the Sites. (For more information, see below section entitled How Can I Access, Correct and Update My Personal Information?)

The above section provides examples of the Personal Data that we may collect through the Site and the manners in which we may use such Personal Data. If you do not want us to collect your Personal Data, please do not provide it to us.

 

2. Non-Personal Data:

You do not need to create an account with us to use the Site. When you use the Site, including by browsing our merchandise and/or contacting us with inquiries, we collect certain non-identifiable information ("Non-Personal Data"). The Non-Personal Data we collect includes, without limitation, Internet Protocol (IP) addresses, Internet browser information, other characteristics of your device and software, domain names of your Internet Service Provider (ISP), your approximate geographic location, a record of your usage of our Site, the time of your usage and aggregated Personal Data that cannot be used to specifically identify you. Such information, which is collected passively using various technologies, cannot, in and of itself, be used to specifically identify you. This information is used to analyze and to improve the Site and to provide our customers with a fulfilling shopping experience. We also may receive certain Non-Personal Data (including, without limitation, of the types set forth above) from various third parties. The Non-Personal Data we receive from third parties may be combined with the information we collect as specified herein, including Personal Data, to help improve our Services. If Non-Personal Data is combined with Personal Data, it may be viewed as Personal Data. However, where the data remains non-personally identifiable, it will still be viewed as Non-Personal Data. We provide additional information on our Non-Personal Data collection below:

 

3. Cookies and Other Session Identifiers:

Like many sites, we utilize a technology called "cookies". A cookie is a piece of information that is placed on your browser when you access the Site. In many cases, the information collected using cookies (and related technologies) are used in non-identifiable ways, without any reference to Personal Data. For example, we use information we collect about users of the Site to optimize our Site and to understand traffic and usage patterns. In other cases, we associate the information we collect using cookies and related technologies with Personal Data. In that case, this Privacy Policy governs how we use that information. Additionally, if the settings on your location-aware device allow us to receive geo-location data or information, we may collect that information automatically.

Cookies help provide additional functionality to the Site and help us to more accurately analyze usage of the Site. For instance, the Site may set a cookie on your browser that allows you to access the Site during future visits. We use cookies to monitor and to maintain information about your use of the Site. Cookies are also used to track the identity of the website you visited immediately prior to visiting the Site; other than that, we do not track information about your use of other websites. Cookies also allow us to hold selections in a shopping cart when a user leaves the Site without checking out. Cookies are not used on the Site to store your account information as this information is stored securely on a server. When you log in at the Site with your username and password, we will assign you a secure session id. The server then passes your information to you through this secure session id.

Cookies may be session cookies (i.e., last only for one browser session) or persistent cookies (i.e., continue in your browser until they are deleted or expire). Some of the cookies we use may be flash cookies or Adobe cookies. While they are harmless, they may contain demographic information and depending on your browser these cookies may not normally be deleted when your cookies are deleted. Please check your browser to determine where these types of cookies are stored and how they may be deleted. While we recommend that you leave cookies turned on as they allow you to take advantage of some of the features of the Site, you have the ability to control the use and moderation of our cookies. However, if you elect not to allow cookies to be placed as provided herein, you may not be able to use or to enjoy all of the services and features of the Site. Specifically, you can configure the settings (i) to receive notifications when you are receiving new cookies, (ii) to disable cookies or (iii) to delete cookies. Please refer to your Web browser's help section for information on how to do this. Please note that our online services cannot always control third-party cookies stored on your machine from our online services and that setting your cookie preferences with us will not stop those third-party cookies from being stored on your machine. Therefore you must manage these cookies directly with the relevant third party.

 

4. Other Websites, Including Mobile Applications and Social Media Platforms:

If you use a social media platform or your mobile device (or other method of communication) to interact with the Site, that platform or application may have a specific privacy statement that governs the use of Personal Data related to it. For example, if you use a mobile application and your mobile device's settings allow it, we may collect mobile location information from your device. If you have questions about the security and privacy settings of your mobile device, please refer to instructions from your mobile service provider or the manufacturer of your device to learn how to adjust your settings. We do not control the data collection or privacy practices any third-party platform through which you access our Site or contact us. You should review the privacy policy and terms of use of any third-party site before using or downloading any app and review and use available controls and settings on your device to reflect your preferences.

Our processing of your personal information is necessary to provide the services and features you have requested from us, and for the legitimate interests of our business and services. By providing your personal information, you have given us consent to use it in accordance with this Privacy Policy.

 

How Can I Access, Correct and Update My Personal Information?

You have the right to see information we hold about you, with some exceptions which are described in the privacy laws.You have the right to review and update your personal details. If for any reason you are concerned that the personal information we hold is not correct, please visit our online services and, after logging into the site using the "Sign In" menu on the home page, your personal information will be made available for review and change in the "My Account" section. Only you or, upon your request, our Customer Care team, may access your personal data from our online services using your user ID and password. Information may be changed online within “My Details”, “Shipping Details” and “My Email Preferences”. You can change or delete saved credit/debit card details each time you make a purchase. You will also be able to delete saved credit/debit card details by adding or editing a shipping/billing address. If you change your billing or shipping address while your order is still being processed, the order will be re-processed through security validation checks.

 

How Do We Use the Information Collected?

1. Personal Data

We may use Personal Data as necessary and to fulfill your requests and to provide our Services to you, including in the following ways:

Access and Use: If you provide Personal Data in order to obtain access to or use of the Site or any functionality thereof, we will use your Personal Data to provide you with access to or use of the Site or functionality and to monitor your use of the Site or specific functionalities.

Internal Business Purposes: We may use your Personal Data for internal business purposes including, without limitation, to help us improve the content and functionality of the Site, to better understand our users, to improve the Site, to protect against, identify or address fraudulent activities, to manage your account and to provide you with customer service and to generally manage the Site and our business.

Marketing: We may use your Personal Data to contact you for certain marketing and advertising purposes, including, without limitation, to inform you about offers, contests or surveys which may be of interest to you and to display content and advertising on or off the Site which may be of relevance to you. If you wish to change or update your Personal Data or to change your subscription preferences, you may do so as provided herein.

Specific Reason: If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the Personal Data you provide to answer your question or to attempt to resolve your issue and will respond to the email address from which the contact came.

Aggregated Personal Data: In an ongoing effort to better understand and to serve the users of the Site, we (either directly or working in concert with our marketing services providers) may conduct research on our customer demographics, interests and behavior based on Personal Data and other information that has been provided or received by us. For example, we may combine information about visitors to the Site to determine how best to target our marketing and the products that we offer in certain areas of the country. This research may be compiled and analyzed on an aggregate basis and this aggregate information does not identify you personally and is classified and treated as Non-Personal Data under this Policy.

 

Do We Share Your Information?

We are not in the business of selling Personal Data. We consider this information to be a vital part of our relationship with you. We do not share with others, or sell or rent to others, any Personal Data provided to us through the Site or through our Customer Service Department, except with your consent or as described in this Policy. Additionally, we seek to receive your consent before sharing your information. However, in some cases your permission will be implied from the nature of the service requested or transaction undertaken. Examples of instances in which we share your Personal Data are provided below:

Order Fulfillment: If you choose to make a purchase on the Site, we may collect from you your credit card number, billing address and other information related to such purchase, and we may use such collected information in order to fulfill your purchase. We may also provide such information, or other Personal Data provided by you, to unaffiliated third parties as necessary to complete your purchase (for example, to process your credit card).

Business Transfers: As with any business, it is possible that as our business develops, we might sell, assign, buy, transfer or otherwise acquire or dispose of certain businesses or corporate assets. In the event of such or similar event, Personal Data may be part of the transferred assets. You acknowledge and agree that any successor to or acquirer of us and/or our eCommerce service provider will continue to have the right to use your Personal Data and other information in accordance with the terms of this Privacy Policy.

Subsidiaries and Affiliates: We may also share your Personal Data with our subsidiaries and/or affiliates consistent with this Privacy Policy. Our subsidiaries and affiliates will be bound to treat and to maintain any Personal Data in accordance with this Privacy Policy. Agents, Consultants and Related Third Parties: We, like many businesses, sometimes engage other companies to perform certain business-related functions on our behalf so that we can focus on our core business. Examples of these services include, but are not limited to, payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, website evaluation, data analysis and, where applicable, data cleansing. In connection with services those partners provide for us, we may provide or otherwise give them access to certain Personal Data, but we authorize them to use this information only in connection with the services they are retained to perform.

Third Parties: The Personal Data that you provide to us, and information about your order, may be combined with other personally identifiable information from our records and from third party sources. This information will be used to enhance our future marketing efforts. This information may also be shared with our third party service providers and other marketers whose products or services may be of interest to you.

Legal Requirements: We may disclose your Personal Data if required to do so by law (including, without limitation responding to a subpoena or request from law enforcement, court or government agency) or in the good faith belief that such action is necessary (i) to comply with a legal obligation, (ii) to protect or defend our rights, interests or property or that of other customers or users, (iii) to act in urgent circumstances to protect the personal safety of users of the Site or the public or (iv) to protect against legal liability or potential fraud, in each case as determined in our sole discretion.

Other uses: If we intend to use any Personal Data in any manner that is not specified herein, we will inform you of such anticipated use prior to or at the time at which the Personal Data is collected or we will obtain your consent subsequent to such collection but prior to such use. In short, we will honor the choices you make regarding your Personal Data and will inform you about any other intended uses of such information.

 

2. Non-Personal Data

Non-Personal Data does not and cannot be used to personally identify you. We may use such information for any lawful purpose, including sharing Non-Personal Data with our marketing partners, advertisers and others from time to time. Examples of such Non-Personal Data include the number of users who visited the Site during a specific time period or purchased a specific product through the Site. This information generally is shared in an aggregated form.

 

What Steps Are Taken To Keep My Information Secure?

We have implemented information security measures that contain administrative, technical and physical controls that are designed to reasonably safeguard Personal and Non-Personal Data. Even though we have taken and will continue to take significant steps to protect this information, no company, including us, can fully eliminate all security risks associated with Personal Data.

We use various security measures, including Secure Socket Layer (SSL) encryption technology, to protect information collected, transferred and retained. If you elect to set up an account on the Site, you will be asked to provide an email address and password. You must provide a valid email address and password in order to create and maintain an account, as well as to access account information. We require passwords to consist of at least 8 characters, have an upper and lower case letter, and a special character. In order to help protect your personal information, you should be careful about providing your password to others and change it periodically.

Please be aware that we may store Personal Data or such information may be included in databases owned and maintained by our affiliates, agents or third party service providers. We take commercially reasonable steps to protect the security and confidentiality of all Personal Data provided via the Site from loss, misuse, unauthorized access, inadvertent disclosure, alteration and/or destruction. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from the Site may not always be secure. Please keep this in mind when disclosing any Personal Data via the Internet or by email.

We do not and will not, at any time, ask you to provide your Personal Data or other personal information in a non-secure or unsolicited email or telephone communication. Identity theft and the practice currently known as "phishing" are of great concern to us. Safeguarding information to help protect you from identity theft is one of our priorities. If you receive such an email, please contact us to bring it to our attention. For more information about phishing, visit the Federal Trade Commission at http://www.consumer.ftc.gov/articles/0003-phishing

 

What Choices Do I Have Regarding my Personal Data?

You have several choices available when it comes to your Personal Data. We will honor the choices you make regarding your Personal Data. If you have created and maintained a User Account on the Site, you will be able to sign in and update your account (including contact) information. You may also write to us at the address provided herein and update your contact information or to change your subscription preferences. In addition, you may:

Limit the Personal Data You Provide: You can use the Site and limit the Personal Data you provide either by disabling cookies or by not registering an account with us. If you choose to limit the Personal Data you provide and/or to disable cookies, you may not be able to use certain functionalities of the Site. For instance, in order to purchase goods and services on the Site, payment and shipping information must necessarily be provided.

Manage your Subscription Preferences: We may send your information by email or text message. If you provide your mobile phone number and ask to receive information by text message, we may provide information in that manner.

For email marketing, you will have an opportunity to change your subscription preferences by clicking on an "unsubscribe" hyperlink contained in all promotional emails sent by us or on our behalf. Please note that while we honor all subscription requests as timely as possible, it may take up to ten business days to become effective. Please be aware that even if you opt-out of receiving future promotional communications, you may, if you utilize the eCommerce features of the Site, be sent certain transactional communications related to the purchase or shipment of items purchased. Thus, if you order online, we will send you an email confirming your order and may need to contact you by phone, email or regular mail if we have questions about your order. Additionally, an opt-out will not remove you from messages that we are required to send under relevant laws or regulations.

Social Media & Other Public Platforms: You may also manage the sharing of certain Personal Data with us when you connect with us through a social media platform or application, such as through Facebook Connect. Please refer to the privacy settings of the social media website or application to determine how you may adjust your permissions and manage the interactivity between us and your social media platform(s) or application(s). That said, we want you to be aware that when you post information to public forums, including publicly viewable social media platforms, that information will become available to all who access such platform pages. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS.

Third Party Advertisers: We may use advertisers, third party ad networks, and other advertising companies, to serve advertisements on our Site and on third-party websites. Please be advised that such advertising companies may gather information about your visit to our Site (such as through cookies, web beacons and other technologies) to enable such advertising companies to market products or services to you, to monitor which ads have been served to your browser and which web pages you were viewing when such ads were delivered. If you would like more information about this practice and to know your choices please visit http://www.networkadvertising.org/managing/opt_out.asp orhttp://preferences.truste.com/truste/.

PLEASE NOTE THAT THIS POLICY DOES NOT COVER THE COLLECTION AND USE OF INFORMATION BY SUCH ADVERTISING COMPANIES.

 

What Happens When I Link To or From Another Web Site?

The Site may contain links to other websites not operated or controlled by us (the "Third Party Sites"). The policies and procedures set forth herein do not apply to any Third Party Sites. The owners and operators of all Third Party Sites are responsible for all Personal Data and Non-Personal Data provided, collected, maintained, stored or otherwise disclosed on those sites, if any. The links on the Site do not imply that we endorse or have reviewed the Third Party Sites, including their privacy policies, if any. We strongly encourage contacting those sites directly for information on their privacy policies.

If you have accessed the Site through a link from certain of our advertising or marketing partners, the Site may include a frame of the applicable advertising or marketing partner. Nevertheless, the information you provide to us through these framed Web pages is collected by us, and our use of such information is governed by this Policy.

 

How Do We Respond to Do Not Track Signals?

Please note that our Site does not support "Do Not Track" browser settings and do not currently participate in any "Do Not Track" frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your personal or non-personally identifiable information. 

 

Retaining Personal Information

We retain your personal information for so long as your account is open and for so long as it is necessary and relevant for our operations. In addition, we may retain personal information from closed accounts to comply with national laws, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our User Agreement and take other actions permitted or required by applicable national laws. We will retain de-personalized information after your account has been closed. Information you have shared with others will remain visible after you closed your account or deleted the information from your own profile or mailbox, and we do not control data that other parties copied out of our Services. Groups content associated with closed accounts will show an unknown user as the source. Your profile may continue to be displayed in the services of others (e.g., search engine results) until they refresh their cache.

 

What if I access the Site from Outside of the United States?

If you are visiting the Site from outside the United States, please be aware that you are sending information (including Personal Data) to the United States where our servers are located. We will hold and process your Personal Data and Non-Personal Data in accordance with privacy laws in the United States and this Policy. Please note that privacy laws in the United States may not be the same as, and in some cases may be considered less protective than, privacy laws in other countries. Therefore, by providing your Personal Data, you consent to the use of your Personal Data for the uses identified in this Policy and to the transfer of your Personal Data to the United States as indicated above.

 

How Will I Be Informed About Changes Regarding This Policy?

The Site and our business may change from time to time. As a result (and for other business and/or technological reasons), it may be necessary for us to make changes to this Policy. We reserve the right to update, change, amend or modify this Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data.

If we make any material changes to this Policy (as determined by us), we will post a notice on the Site notifying users of the changes and providing an opportunity for you to take action relative to those changes prior to their implementation. In some cases, we also may send an email notifying registered users of upcoming changes. This Policy was last updated on the date indicated above. Your continued use of the Site after any changes or revisions to this Policy become effective shall indicate your agreement with the terms of such revised and then-current Policy.

 

Arbitration; Claims Must be Brought on an Individual Basis

ARBITRATION MEANS THAT YOU WILL NOT HAVE AND YOU WAIVE THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS. Rights to the prehearing exchange of information and other discovery, as well as appeal rights, are more limited than were you to sue in court.

This arbitration provision is equally binding on claims brought by us as on claims brought by you or others. Arbitrations will be conducted under the applicable JAMS rules. The parties to arbitration will have all the same claims, legal rights, and remedies in arbitration that would be available in court. A single neutral arbitrator shall be selected in accordance with the JAMS Streamlined Arbitration Rules, which shall provide you a reasonable opportunity to participate in the arbitrator selection. It is further agreed that any disputes as to whether the scope of this arbitration provision covers the claim will be submitted to the arbitrator, and not a court, for decision. The parties to arbitration will have full right to use legal counsel at their own expense. All costs of arbitration (including arbitrator fees) shall be paid by us, except if you bring the arbitration, you may be charged an initial filing fee that shall not exceed the filing fees that you would incur for bringing an action in court. You will not be required to pay fees and costs incurred by the opposing parties if you do not prevail in arbitration. In arbitration, the parties may conduct reasonable discovery and shall reasonably exchange non-privileged information relevant to the dispute. The arbitrator's award shall be in writing and provide a written statement of the essential findings and conclusions. The arbitrator will not have the power to commit any error of law or legal reasoning, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error. As an exception to this arbitration provision, no one subject to the provision will be precluded from seeking remedies for disputes or claims less than $10,000 in the aggregate that can be brought in a court of competent jurisdiction.

ANY ARBITRATION SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. It is expressly understood and agreed that neither you nor We are entitled to arbitrate or bring any dispute covered by this arbitration provision as a class, consolidated, representative, collective, or private attorney general action, and the arbitrator(s) will have no authority to proceed on a class, consolidated, representative, collective, or private attorney general action basis. This means:

·       You cannot bring a claim as a plaintiff or class member in a class action, consolidated action or representative action.

·       The arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this).

·       The arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other All Things CBD customers, and cannot be used to decide other disputes with other customers.

If any part of the agreement to arbitrate in this section is found unenforceable, the unenforceable term will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). In the event that any of the class action restrictions are ever deemed illegal or unenforceable, the illegally deemed or unenforceable restriction(s) shall be severed from this arbitration provision, and any class action shall be exempted from this arbitration provision and brought in court. This arbitration provision is subject to the Federal Arbitration Act, and may be enforced in any court of competent jurisdiction.

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