Terms of service

Overview

By visiting, using 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. You agree that you are precluded from using lack of reading as a defense for any liability arising from your access to or use of the website, including but not limited to your use of any product. If you disagree with the Terms and Conditions, please do not use this website.

You should also carefully review our Privacy Policy (https://awakencbd.com/pages/privacy-policy/) before placing an order for products or services through this Site.

Changes

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

Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you.

TERMS & CONDITIONS OF SALE

Credit/Bank Card Processing. 

You may experience credit card/bank card processing issues regarding the sale of Products due to issues relating to the regulation and enforcement of the Laws. You are strongly encouraged to investigate all payment processing issues prior to the execution of the Agreement. In no event shall processing issues relieve or excuse you from paying all fees, costs, charges, etc., that we invoice to you.

Order Acceptance and Cancellation. 

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

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 any time without notice, at our 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.

 

Shipping and Mailing Products. 

We ship through the United States Postal Service (USPS). In addition to USPS, other methods of shipping include UPS, DHL, and FedEx (collectively, “Carriers”). Due to the potential or actual conflict(s) of federal, state, and local laws and regulations, (collectively “Laws”), we cannot and do not warrant or represent to you that any hemp or hemp derivative product (collectively, “Products”) will reach the intended destination, regardless of which mailing/shipping service is utilized. Products may be subject to forfeiture, seizure, indefinite hold, unexpected delays, confiscation, and other losses to you or impediments to the delivery of the Product. We have no control over shipping carrier routes. While a destination for the product may be in a “low-risk” city or state, shipments routed through “high-risk” states, cities, or municipalities may result in a partial or total loss to you.

Prices and Payment Terms.

All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email when applicable. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

Terms of payment are within our sole discretion and unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept the following credit cards: VISA, MASTERCARD, and AMERICAN EXPRESS., for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use a such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order. In the event you enter into a separate contract with us for payment terms that differ from the above, we may charge a late payment penalty of 1.5% per month on undisputed amounts, or the maximum rate permitted by law, whichever is less. Without waiving any of our other rights or remedies, we may refuse additional orders and suspend any services until all overdue amounts are paid in full.

Shipments; Delivery; Title and Risk of Loss.

We will arrange for the shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges unless otherwise specified in the order confirmation.

Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

You understand the packaging and closure of a product may vary slightly if we do not have the ability to successfully secure the same packaging that has been represented in order to ensure we are shipping a product in a timely manner due to supply chain issues that may arise.

Returns and Refunds. 

Except for any products designated on the Site as non-returnable, we will accept a return for a refund of your purchase price, less the original shipping and handling costs, provided such a return is made within 30 calendar days of shipment with valid proof of purchase and provided such products are returned to us. To return products, you must email our team by submitting the form on our returns page (https://awakencbd.com/pages/returns/). You must obtain a Return Merchandise Authorization (“RMA“) number before shipping your product. No returns of any type will be accepted without an RMA number.

You are responsible for all shipping and handling charges on returned items unless otherwise specified. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.

Refunds are processed within approximately three to fifteen (3-15) business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.

Awaken CBD is not responsible for melting or other damage caused by heat exposure during shipping. Most products are fine and will not melt in transit. However, some types of products such as Gummies can melt in warm weather. We can’t guarantee our heat-sensitive products will arrive in perfect shape – but we will do our best to ensure they do. Here is how you can help: Be present for delivery and have someone available to accept the package so it doesn’t sit outside in the heat. If the box feels warm, open it immediately to expose the product to the cooler air. Also, give the product a chance to firm up again before handling further. Please keep in mind, we do not accept returns or provide refunds for a melted products due to warm weather. If you are concerned about the possibility of receiving a heat-sensitive product, and it is melted, we encourage you to order a different product. 

PRODUCTS

 

Products Considered as Food or Ingestibles or Cosmetics. 

Due to issues regarding regulation and enforcement of the Laws, the Food and Drug Administration (“FDA”) (and potentially other federal and state agencies) has determined that CBD, and other hemp derivatives, is/are not legal to introduce into food or beverages or cosmetic products or drugs as defined by the FDA and Food and Drug Cosmetic Act (“FDCA”) (collectively, “Food and Cosmetic Products”). Certain States may have determined that such products are legal. Participation in the Hemp Industry and with respect to Food and Cosmetic Products represents inherent risks that may subject you to legal action and other legal ramifications and consequences, including but not limited to inspections, enforcement, product testing, product recall, fines, penalties, attorneys fees and costs, monetary damages, injunctive remedies, etc.

Federal, State, and Local Enforcement Agencies. 

The Hemp Industry, Laws, and all Products referenced in these Terms are subject to enforcement by various federal, state, and local enforcement agencies which include but are not limited to the FDA, Federal Trade Commission (“FTC”) as well as other civil and criminal enforcement agencies. It is your responsibility to be in compliance with the Laws affecting the Hemp Industry and failure to do so may or will result in an enforcement action or other legal consequence identified or referenced herein or which may be related in any way to your participation in the Hemp Industry. We are not responsible for ensuring your compliance with the Laws, even if we assist you in any manner with your participation in the Hemp Industry, including our manufacturing or sale of Products to you.

Health Information and Disclaimer. 

Any statements on this site or any materials, label content, product templates/guidelines, or products we distribute or sell have not been evaluated by the Food and Drug Administration (“FDA”). Neither the products nor the ingredients in any of the products available on the site have been approved or endorsed by the FDA or any regulatory agency. The products on the site are not intended to diagnose, treat, cure or prevent any disease. The information on this site or other materials we may provide to you are designed for educational purposes only and are not intended to be a substitute for informed medical advice or care. This information should not be used to diagnose or treat any health problems or illnesses without consulting a doctor. If you are pregnant, nursing, taking medication, or have a medical condition, we suggest consulting with a physician before using any of our products.

SITE ACCESS & USE

 

Access to this site

You must be eighteen (18) years or older to use this website, including purchasing any goods on the website. If you are under eighteen years of age, then you are not permitted to access this website for any reason. By using this website, you represent and warrant that you are at least eighteen years old. Due to the age restrictions for use on the website, no information obtained by this website falls within the Child Online Privacy Act (COPA) and is not monitored to do so. 

YOU MUST BE OF LEGAL AGE REQUIRED BY THE STATE OR PROVINCE YOU ARE IN TO PURCHASE OUR PRODUCTS. IT IS YOUR RESPONSIBILITY TO KNOW WHETHER YOU ARE LEGALLY ABLE TO PURCHASE OUR PRODUCTS.

To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be your correct, current, and complete information. If our Company believes the information you provide is not correct, current, or complete or is an impersonation of someone else, we have the right to refuse you access to this site or any of its resources, to terminate or suspend your access at any time, and delete any comments you have posted, all without prior notice.

IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS OF SERVICE, INCLUDING ALL LIMITATIONS CONTAINED HEREIN, YOU MAY NOT ACCESS OR USE THIS SITE. Your use of this site, purchase, or use of any of our products constitutes your agreement to these Terms of Service.

License to Use the Site

Subject to your compliance with these Terms of Service, we or our content providers (as applicable) grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Content on this site. This license does not allow you to resell or make any commercial use of the site, its Contents, or our products sold through the site; make any derivative use of any of our Content; download, copy, or other use any account information for the benefit of any third party; or use any data mining, robots, or similar data gathering and/or extraction tools. All rights not expressly granted to you in these Terms of Service are reserved and retained by us or our licensors, suppliers, publishers, rightsholders, or other content providers. No Content on, or product sold through, this site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior express written consent. You may not misuse our products or Content. You may use our site only as permitted by law and these Terms of Service. The licenses we have granted you terminate if you do not comply with these Terms of Service.

Restrictions On Use

You may use this site only for the purposes expressly permitted by this site. You may not use this site for any other purpose, including any resale or commercial use of our site, its content or our products sold through the site, make any derivative use of any of our Content; download, copy, or other use any account information for the benefit of any third party; or use any data mining, robots, or similar data gathering and/or extraction tools. All rights not expressly granted to you in these Terms and Conditions are reserved and retained by us or third parties. No Content on, or product sold through, the website may be reproduced, duplicated, copied, co-branded, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior express written consent. You may use the website only as permitted by law and these Terms and Conditions, and the licenses we have granted you terminate if you do not comply with these Terms and Conditions.

You may not (and may not authorize any other party to) (i) co-brand this site, (ii) frame or use framing techniques to enclose any of our or our Content owner’s trademarks, logos, or other proprietary information (including images, text, page layout, or form), (iii) hyperlink to the website, or (iv) use any meta tags or any other "hidden text" using our name or trademarks without the express prior written permission of one of our authorized representatives. For purposes of these Terms and Conditions, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that associates our product with someone other than us or that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with our Company in causing any unauthorized co-branding, framing, or hyperlinking to cease immediately.

No material from this site may be modified, translated, decompiled, disassembled, broadcast, licensed, sublicensed, transferred, sold, mirrored, framed, exploited, rented, leased, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.

Proprietary Information

The material and content on or accessible from the website (the “Content”), and any other World Wide Web site owned, operated, licensed, or controlled by us, is our proprietary information or the proprietary information of the party that provided the Content to us. We or the party that provided the Content to us retains all rights, titles, and interests in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, displayed, or transmitted in any way without our prior written consent, 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, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms and Conditions violates our intellectual property rights. You do not obtain the title or any rights to any of the Content as a result of accessing this site.

Hyperlinks

This site may be hyperlinked to other sites which are not maintained by, or related to, us. Hyperlinks to such sites are provided as a service to our users and are not sponsored by or affiliated with this site or with us. We have not reviewed such sites and are not responsible for the content of those sites. Hyperlinks are to be accessed at your own risk, and we make no representations or warranties about the content, completeness, or accuracy of these hyperlinks or the sites hyperlinked to this site. Further, the inclusion of any hyperlink to a third-party site does not necessarily imply that we endorse that site

Submissions

You grant to us and our affiliates a license-free, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, transferable, fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information you communicate to us through the website (together, the “Submission”) throughout the world in any media, and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You represent and warrant that you own or control all of the rights to your Submissions. We are not required to treat any Submission as confidential and may use any Submission in our business (including, but not limited to, for products or advertising) without incurring any liability for royalties or any other compensation of any kind. We will not incur any liability as a result of any similarities that may appear in our future operations. We will treat any personal information that you submit through this site in accordance with our Privacy Policy.

 

Website Use Disclaimer

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for the accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. We do not assume, and specifically disclaim, any responsibility or risk for your use of the Internet. The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices we have provided. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own judgment. Information obtained by using the website is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.

 

Trademarks and Copyrights

Trademarks, service marks, logos, graphics, images, HTML, codes, multimedia clips, Java codes, button icons, banners, and software appearing on this website (generally defined as “Trademarks and Copyrights”) are our property or the property of the party that provided the Trademarks and Copyrights to us. We, and any party that provided any of the foregoing to us, retain all rights with respect to any of our or their Trademarks and Copyrights on this Site. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.

Information You May Not Post or Publish on this Website

You may not post, send, submit, publish, or transmit in connection with this site 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;
• is vulgar, obscene, pornographic, or indecent;
• does not pertain directly to this site;
• threatens or abuses others, libels defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening, or offensive;
• seeks to exploit or harm any person by exposing them to inappropriate content, asking for personally identifiable details, or otherwise;
• infringes any intellectual property or other rights 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 site;
• solicits funds, advertisers, or sponsors;
• includes programs that 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 acts in a way that affects the ability of other people to engage in real-time activities via this site;
• includes MP3 format files;
• amounts to a ‘pyramid’ or similar scheme;
• disobeys any policy or regulations established from time to time regarding the use of this site or any networks connected to this site; or
• contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.

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

Security

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any) and you agree to accept responsibility for all activities that occur under your account or password. We have the right to monitor your password and, at our discretion, require you to change it. If you use a password that we consider insecure, we will have the right 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 site 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, we have the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. We reserve the right to investigate suspected violations of these Terms and Conditions, and we reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any Content that is believed to violate these Terms and Conditions. BY ACCEPTING THESE TERMS AND CONDITIONS YOU WAIVE AND HOLD US AND OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF OUR INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY US OR OTHERS, INCLUDING LAW ENFORCEMENT AUTHORITIES.

U.S. Law

This website is intended for users located in the United States. It is up to you to determine whether accessing this website and purchasing our products are legal where you are. You access this website and purchase our products at your own risk, and you are responsible for compliance with all applicable laws, rules, regulations, and treaties.

USER ACCOUNT 

​​Account Registration

To use the Service Users may register or create a User account, providing all required data or information in a complete and truthful manner. Users may also use the Service without registering or creating a User account, however, this may cause limited availability of certain features or functions.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Application. By registering, Users agree to be fully responsible for all activities that occur under their username and password.

Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials, or personal data, has been violated, unduly disclosed, or stolen.

Account Termination

Users can terminate their account and stop using the Service at any time by doing the following:
By directly contacting Awaken CBD at the contact details provided in this document.

Account suspension and deletion

Awaken  CBD reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts that it deems inappropriate, offensive, or in violation of these Terms. The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages, or reimbursement. The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

NO WARRANTY AND WARRANTY DISCLAIMER

YOUR USE OF THIS SITE AND OF THE PRODUCTS OFFERED IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OR STATUTORY. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We make no warranty, express or implied, that the site or any services, products, or information obtained on or through the website will meet your requirements or will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. We do not warrant or make any representation regarding the 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 we may make changes or improvements at any time. YOU, AND NOT US, ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE OR ITS CONTENT. WE MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE ON THE RIGHTS OF OTHERS AND WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT. All of the information on this website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and we do not undertake any obligation to update such information after it is posted or to remove such information from this website if it is not, or is no longer, accurate or complete.

LIABILITY LIMITATION

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF US AND OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE LESSER OF $100 OR THE AMOUNT YOU HAVE PAID TO US FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THIS LIMITATION OF LIABILITY SHOULD BE ENFORCED TO THE FULLEST EXTENT ALLOWED BY LAW.

Indemnity

You will indemnify and hold us and our subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (collectively, the “Indemnified Parties”) harmless from any breach of these Terms and Conditions by you, including any use of Content other than as expressly authorized in these Terms and Conditions. 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, attorney’s fees and expert witness 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 site

Dispute Resolution

In the event of any claims, disputes, or other controversies arising out of, or relating to, these Terms and Conditions, the use of this website or information obtained through this website, or any other claims, disputes, or controversies arising out of or relating to this website, or any other World Wide Website owned, operated, licensed or controlled by us (the “Dispute” and together the “Disputes”), you agree to resolve any Dispute by submitting the Dispute to Retired Judges and Associates through its offices located in Louisville, Kentucky (the “ADR Firm” see retiredjudgesmediation.com), or its successor, for mediation. Any party to the Dispute may commence mediation by providing ADR Firm and the other parties a written request for mediation, setting forth the subject of the Dispute and the relief requested. The parties will cooperate with ADR Firm and with one another in selecting a mediator from ADR Firm’s panel of neutrals, and in scheduling the mediation proceedings promptly, not later than thirty (30) days after such request for mediation. The parties agree that they will participate in the mediation in good faith, and share equally in its costs. All offers, promises, conduct, and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts, and attorneys, and by the mediator or any ADR Firm employees, are confidential, privileged, and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.

If the Dispute is not resolved through mediation, then it shall be submitted to the American Arbitration Association (“AAA”), or its successor, for final and binding arbitration pursuant to the then-current form of AAA Consumer Arbitration Rules (the “Rules”) before one arbitrator, selected by the agreement of the parties and, failing such agreement within thirty (30) days of the Dispute being submitted for arbitration, by AAA in accordance with the Rules. All hearings shall be held in Louisville, KY, USA. If AAA ceases to exist and has no successor, then the parties shall submit the Dispute to an established alternative dispute resolution entity in Louisville, Kentucky. Any party may initiate arbitration with respect to the Disputes submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or forty-five (45) days after the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties so desire. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case. The provisions of this clause may be enforced by any court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees, and expenses, including attorney fees, to be paid by the party against whom enforcement is ordered.

THE REQUIREMENT TO ARBITRATE MEANS YOU ARE WAIVING ANY RIGHT TO A TRIAL BY JURY. THE ARBITRATION PROVISION IS MANDATORY AND BINDING.

The mediation or arbitration of any Dispute shall not be joined or consolidated with the mediation or arbitration of any other Dispute, even if such other Dispute relates to, arises out of, or raises similar factual or legal claims.

Failure to insist on strict performance of any of these Terms and Conditions will not operate as a waiver of any subsequent default or failure of performance. No waiver by us of any right under these Terms and Conditions will be deemed either a waiver of any other right or provision or a waiver of that same right or provision at any other time. These Terms and Conditions will be governed and interpreted pursuant to the laws of Kentucky, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Kentucky in connection with any dispute between you and us arising out of or pertaining to the subject matter of these Terms and Conditions. The parties to these Terms and Conditions each agree that the exclusive venue for any dispute between the parties arising out of these Terms and Conditions or pertaining to the subject matter of these Terms and Conditions will be in the state and federal courts in Kentucky. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the website must be brought within two (2) years from the date on which such claim or action arose or accrued. If any part of these Terms and Conditions 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 and Conditions (including our Privacy Policy) 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. We may revise these Terms and Conditions at any time by updating this posting.

CONTACT 

If you have questions or concerns about these Terms and Conditions, the practices of this website, or if you are interested in reprinting any of the Content of this website, please contact us at: shop@awakencbd.com.