Terms & ConditionsHONA Hemp
IMPORTANT! THESE TERMS OF SERVICE GOVERN YOUR USE OF THIS WEBSITE https://www.tryhonastore.com/ (the “WEBSITE,” “SITE” or “site”), WHICH IS PROVIDED BY, OWNED AND MAINTAINED BY TREE OF LIFE OPERATING, LLC (TOLO), ITS AFFILIATES OR AGENTS (referred to as “HONA Hemp,” “COMPANY,” “US,” “WE,” or “OUR” below), AND APPLY TO ALL USERS, INCLUDING YOU (i.e., “you,” or “user”) VISITING THE SITE BY ACCESSING OR USING THE SITE IN ANY WAY, INCLUDING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE SITE (EACH A “SERVICE”).
BY ACCESSING THIS SITE, COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE SITE, AND/OR PURCHASING PRODUCTS FROM THE SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF SERVICE. YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF SERVICE, (2) YOU ARE 18 OR OF OLDER LEGAL AGE AND COMPETENT TO FORM A BINDING CONTRACT WITH US, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF SERVICE PERSONALLY OR ON BEHALF OF COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THE TERMS OF SERVICE. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU’RE REGISTERED ON THE SITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES.
IF YOU SUBSCRIBE TO THE SERVICES FOR A TERM (THE “INITIAL TERM”), THEN THE TERMS OF SERVICE WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT COMPANY’S THEN-CURRENT FEE FOR SUCH SERVICES UNLESS YOU OPT OUT OF THE AUTO-RENEWAL / DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SUBSCRIPTION SUBSECTION BELOW.
PLEASE BE AWARE THAT THE DISPUTE RESOLUTION SECTION, FOUND AT THE END OF THIS AGREEMENT, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF TEXAS, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.
Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Service or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Service are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Service and any applicable Supplemental Terms are collectively referred to herein as the “Terms of Service.”
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY COMPANY IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Company will make a new copy of the Terms of Service available at the site and any new Supplemental Terms will be made available from within, or through, the affected Service on the site. We will also update the “Last Updated” date at the top of the Terms of Service. Any changes to the Terms will be effective immediately for new users of the site and/ or Services and will be effective thirty (30) days after posting notice of such changes on the site for existing users, provided that any material changes shall be effective for users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the site or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users (defined in the Registration section below). We may require you to provide consent to the updated Terms in a specified manner before further use of the site and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the site and/or the Services. Otherwise, your continued use of the site and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.
- Use any portion of the Website or the Services.
- Publish, contribute, access or view any Content (defined below) on or through the Service.
TABLE OF CONTENTS
- Website Access and Usage
- Use of the Services and Company Properties
- Fees and Payment Terms
- Order Placement and Acceptance
- Shipping and Delivery
- Shipping Process
- Delivery Confirmation
- Returns and Refunds
- Ownership of Rights; License to Use the Site
- Restrictions On Use
- Links to Other Websites
- Health Information
- Limitation of Liability
- Notice and Procedure for Making Claims of Copyright Infringement
- Information You May Not Post, Publish, etc.
- U.S. Laws Applies
- Dispute Resolutions
- Electronic Communications
- Social Media
1 – WEBSITE ACCESS AND USAGE
The Website is provided to users at Hona’s discretion and may be altered, revoked, removed or cancelled at a point of Hona’s choosing. The Website is for personal use only. Your use of the Website must comply with these Terms of Service, applicable laws and must be conducted only through legal means and for legal purposes. Misconduct, misuse or any type of behavior that may compromise Hona or violate these Terms of Service may result in Hona taking action against you. These actions may include but are not limited to: blocking your access to the Website, and/or legal action. All users engage in use of the Website, features and products at their own risk. How users choose to use information and resources found on the Website and what decisions or actions that may come of that use of information is solely the responsibility or fault of the user, including you. Hona is not responsible for events, consequences or actions that users encounter as a result of actions taken with the influence of the Website or Services, including its features or products offered for sale thereon.
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.
THIS SITE IS INTENDED FOR USERS EIGHTEEN (18) YEARS OF AGE OR OLDER. IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE, DO NOT USE OR ACCESS THIS SITE FOR ANY REASON AND PLEASE EXIT THIS SITE IMMEDIATELY. ASK YOUR PARENT OR GUARDIAN TO ACCESS THIS SITE FOR YOU.
YOU MUST BE COMPETENT AND AT LEAST EIGHTEEN (18) YEAERS OF AGE AND 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.
We have made every effort to display as accurately as possible images of products. 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 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, Services or pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or Service at any time. Any offer for any product or Service made on this site is void where prohibited by law.
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 any Service will be corrected.
You can contact us at:
TOLO EC22, LLC (HONA Hemp)
4630 50th Street, Suite 602
Lubbock, TX 79414
Email Address: firstname.lastname@example.org
2 – USE OF THE SERVICE AND COMPANY PROPERTIES
The Site, the Services, the Content (defined below) and the information and content available on the site and in the Services (as these terms are defined herein) (collectively, the “Company Properties”) are protected by intellectual property laws, including without limitation, copyright and trademark laws throughout the world. Subject to the Terms of Service, Company grants you a limited license to reproduce portions of Company Properties for the sole purpose of using the Services for your personal and non-commercial use.
3 – REGISTRATION
Registering Your Account. In order to access certain features of the Company Properties you may be required to become a Registered User. For purposes of the Terms of Service, a “Registered User” is a user who has registered an account on the site (“Account”).
Security. Any passwords used for the Account 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 of Service, 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 Submission (as defined below) that is believed to violate these Terms of Service.
Registration Data. In registering an account on the site, you agree to (1) provide true, accurate, current, and complete information about yourself as prompted by the registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. You represent that you are (1) at least eighteen (18) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using Company Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Company Properties by minors. You may not share your Account or password with anyone, and you agree to (1) notify Company immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Company has the right to suspend or terminate your Account and refuse any and all current or future use of Company Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account. Company reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use Company Properties if you have been previously removed by Company, or if you have been previously banned from any of Company Properties.
Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Company.
4 – FEES AND PAYMENT TERMS
Payment. [ALL SALES ARE FINAL AND CANNOT BE RESCINDED] You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You must provide Company with a valid credit card (Visa, MasterCard, American Express, Discover or any other issuer accepted by us). By providing Company with your credit card number and associated payment information, you agree that Company, and its third-party service provider for payment services are authorized to immediately invoice your Account for all fees and charges due and payable to Company hereunder and that no additional notice or consent is required. You agree to immediately notify Company of any change in your billing address or the credit card used for payment hereunder. Company reserves the right at any time to change its prices and billing methods, either immediately upon posting on Company Properties or by e-mail delivery to you.
Taxes. Company’s fees or charges are net of any applicable Sales Tax. If any Services or goods, or payments for any Services or goods, under the Terms of Service are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Company, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Company for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that Company is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
Withholding Taxes. You agree to make all payments of fees to Company free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to Company will be your sole responsibility, and you will provide Company with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.
Third Party Provider. The Company uses multiple providers for payment services (e.g., card acceptance, merchant settlement, and related services). By purchasing products or purchasing access to or use of the Company Properties, you agree to be bound by and hereby consent and authorize the Company and its payment service providers to share any information and payment instructions you provide with Third Party Service Provider(s) to the minimum extent required to complete your transactions.
5 – PAYMENT
All charges are in U.S. Dollars. We gladly accept Visa, MasterCard, American Express, and Discover. Charges to your credit card will appear as a transaction name from the payment service provider. This name will be identified and listed on your initial order paperwork.
When placing an order online, you will need:
- The address the card’s statement is sent to (billing address);
- The card number and expiration date; and
- The 3- or 4-digit code found only on the card (CVV2 code).
By submitting credit card information or other payment information to us, you represent and agree that: (i) you are fully entitled to use that card or account; (ii) all payment information provided is complete and accurate; (iii) you will be responsible for any credit card fees; and (iv) that sufficient funds exist to pay us the amount(s) due.
We and our third-party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly. Your credit card issuer may give you the right to opt-out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt-out of your credit card’s updating service, you should contact your credit card issuer.
We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.
6 – ORDER PLACEMENT AND ACCEPTANCE
Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. We reserve the right to accept or deny any order or shipment to anyone for any reason. In the event we deny your order, you will receive a refund to your original form of payment. You understand and agree that we will not be liable for any losses or damages that may result from our refusal to provide you any service or product. We reserve the right to require additional information before processing any order.
7 – SUBSCRIPTIONS
If you go to the Website to purchase a product, you may have the option of buying a product one time or enrolling in our Subscribe & Save program. If you enroll in the Subscribe & Save program, your subscription is automatically billed every 30, 60, or 90 days (depending on the option you selected on the website) to the credit card you provided when you purchased the subscription and mailed to you, until you cancel the subscription. We may use an account updater to automatically update your credit card information in the event it changes, in which case, your renewal will be billed to the updated account information. If you wish to cancel your subscription, you may do so at any time, however, you must cancel your subscription twenty-four (24) hours prior to your next shipment going out in order to not receive your next scheduled order. To cancel your subscription, simply call Customer Support at 1-877-905-7114, email us at email@example.com, or use our subscription cancellation web form located on our main webpage.
From time-to-time Hona may offer free products as an incentive to make a purchase. Free products may be included in your initial order; however, these products will not accompany any subsequent subscription orders.
8 – SHIPPING AND DELIVERY
Hona ships to addresses located in the United States via USPS and commercial carrier. Orders generally ship within 24-48 business hours of the time of placement. Orders typically arrive within 3-5 days of shipment.
Accurate shipping address and phone number are required. We are not responsible for late shipments/missing shipments if you enter incorrect shipping address information. If you discover that you have made a mistake with your order after it has been submitted, please contact Customer Support immediately by phone or email (877) 905-7114 / firstname.lastname@example.org). You must contact us as soon as possible in order to modify or cancel your pending order. However, we frequently ship the same day that you order, so we cannot guarantee that we will be able to amend your order in accordance with your instructions.
9 – SHIPPING PROCESS
Hona ships to addresses located in the United States only via USPS and commercial carrier. Orders generally ship within 24-48 business hours of the time of placement. Orders typically arrive within 3-5 days of shipment. No shipments will be made to locations outside of the United States.
Accurate shipping address and phone number are required. We are not responsible for late shipments/missing shipments if you enter incorrect shipping address information. If you discover that you have made a mistake with your order after it has been submitted, please contact Customer Support immediately by phone or email (1-877-905-7114/ email@example.com). You must contact Customer Support as soon as possible in order to modify or cancel your pending order. However, we frequently ship the same day that you order, so we cannot guarantee that we will be able to amend your order in accordance with your instructions.
Delivery of any products purchased from us will be F.O.B. Origin. Title to such products and risk of loss shall pass to you upon delivery of the products by Hona to carrier. We do not assume any liability for shipment. You represent and warrant that you hold any and all required applicable licenses or permits required to purchase, possess, or ship such products. The laws governing the products sold via the Website differ among the various states in the United States and, as a result, it may be illegal to take or transfer the products across state or international borders. You represent that you are aware of the laws applicable to it governing the possession, use, transport, or sale of the such products and assume all risk for shipping to any location.
10 – DELIVERY CONFIRMATION
Because many instances may occur at your delivery address that are beyond our control, you agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery to the cardholder, even without a signature.
11 – RETURNS AND REFUNDS
Hona wants you to be beyond satisfied with your experience with us, so we have made returning or exchanging products easy. If you are unsatisfied with our product, or if it arrives damaged, you may return or exchange the unused portion up to 30 days from the date that you place your order (the billing date) with photo proof for a full refund according to the following terms.
To obtain a full refund, you must return any empty or unused portion of your order, your return must be approved, and the return must be received within 30 days of the date that you place your order (the billing date).
The following terms apply for all returned items:
- To initiate a refund or exchange simply click on the return portal link and enter your order number and zip code or email us at firstname.lastname@example.org or call 1-877-905-7114. Click here to see a video to see how this works!
- We cannot process or refund packages marked “Return to Sender.”
- Refunds will be issued to the same credit card or method of payment that was charged when ordering the product.
- To ensure a refund is processed for you, please send returns to the address provided along with your RMA number. The RMA number must be clearly written on the package that you are sending back. Our shipping department is NOT allowed to accept any packages without an RMA number.
- Any return may be subject to a restocking fee not to exceed $6.95.
Returned products must be sent to the following address:
Attn: HONA Hemp Returns
7345 International Pl #102, Sarasota, FL 34240
We are not responsible for lost or stolen items. We recommend all returned items to be sent using some type of delivery confirmation system to ensure proper delivery.
After the shipping department receives your return, it generally takes 5-10 business days or sooner to process your refund. Once a return is processed, it usually takes 30 business days for this return to be posted to your account, depending on your financial institution.
12 – OWNERSHIP OF RIGHTS; 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 materials, including without limitation data, text, Submissions (defined below), software, scripts, images, graphics, photographs, video recordings, audio recordings, and other interactive or similar materials and other content (collectively, the “Content”) on this Site, which has been provided by users such as yourself, Hona, our third party licensors or suppliers (such third party licensors or suppliers hereinafter “Third Party Licensors”). The Content provided by Hona, or its Third-Party Licensors contains trademarks, copyrights and other proprietary material, the ownership or licensed rights to which are held by such parties, as the case may be, and all such proprietary material is protected by law, including, without limitation, U.S. as well as foreign trademark and copyright laws and international treaty provisions.
Except with respect to your Submissions and the Submissions of other users, you agree that Company and its suppliers own all rights, title, and interest in Company Properties. You will not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, the Services, or Company Properties. The “look and feel” of the Website (including color combinations, text, images, the names and logos, button shapes, layout, design compilation and presentation of information and all other graphical elements, other than those owned or licensed by the Third-Party Licensors or Third-Party Vendors) are also Hona’s trademarks and/or copyrights, as the case may be.
ALL BRANDS, TRADEMARKS, LOGOS, TRADE NAMES, TRADE DRESS, COPYRIGHTS OR COPYRIGHTABLE CONTENT OF ANY THIRD PARTY DISPLAYED, DISTRIBUTED, ACCESSED OR OTHERWISE COMMUNICATED THROUGH THE SERVICE ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS. HONA Hemp AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY ENDORSEMENT, AFFILIATION OR SPONSORSHIP, OR OTHER ASSOCIATION BY OR WITH SUCH THIRD-PARTY BRAND OWNERS. 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.
This license granted under these Terms of Service do not allow you to resell or make any commercial use of the Site, its Content, the Services 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.
YOU ACKNOWLEDGE AND AGREE THAT YOUR RELIANCE ON THE CONTENT AND OTHER COMPANY PROPERTIES IS SOLELY AT YOUR OWN RISK.
In cases where you believe information found on the Company Properties may be inaccurate or needs to be updated, we ask that you contact us at email@example.com. If you have any questions with respect to the Content displayed, distributed or otherwise accessible through the Company Properties, please contact Hona at firstname.lastname@example.org.
All rights not expressly granted to you in these Terms of Service are reserved and retained by us or our licensors, suppliers, publishers, rights-holders, 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.
13 – RESTRICTIONS ON USE
You may use the Company Properties only for the purposes expressly permitted by this site. You may not use the Company Properties for any other purpose, including any commercial purpose, without our express prior written consent in our sole discretion. For example, 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 this site, 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 of Service, “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 Company Properties or other material from this site may be modified, translated, reverse engineered, decompiled, disassembled, broadcast, licensed, sublicensed, transferred, sold, mirrored, framed, exploited, rented, leased, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.
In addition to the foregoing, you acknowledge and agree that the Company Properties may be used only for lawful purposes. As one of the conditions of your use of the Company Properties, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Company Properties for any purpose or in any manner that is prohibited by these Terms of Service or by applicable law. It is your responsibility to ensure that your use of the Company Properties complies with these Terms of Service and to seek prior written permission for any uses not expressly permitted herein. In connection with your use of the Company Properties, you agree that you will not, nor will you assist or allow others to, directly or indirectly:
- Delete any attributions, legal notices or proprietary designations or labels on Content that you upload to the Company Properties.
- Provide any false or intentionally inaccurate or misleading information when registering for or using the Company Properties, including impersonation of any person or entity and misrepresenting your affiliation with a person or entity.
- Submit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, such as opinions or notices, commercial or otherwise, unless you are a Third-Party Vendor and such materials are submitted in compliance with the other provisions of these Terms of Service.
- Modify, delete, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any Content that is accessible or available through use of the Company Properties, except as expressly permitted under these Terms of Service.
- Violate any applicable local, state, provincial, national or international law or regulation, or use the information provided through this Company Properties for any unlawful purpose, or to solicit others to perform or participate in any unlawful acts.
- Access data not intended for your use or viewing, or log into an account or server which you are not authorized to access.
- Take any action which imposes an unreasonable or disproportionately large load or burden on the Company Properties or use the Company Properties in a manner that attempts to, or actually does, disrupt, impair, interfere with or wrongfully alter or modify the Company Properties, or in a manner that adversely affects the Company Properties and/or the availability of its resources to other users including without limitation submitting Customer Materials that contain a virus, Trojan horse, or corrupted data, excessive shouting, use of all caps, overloading, mail bombing, crashing or flooding or continuous posting of repetitive text.
- Attempt to probe, scan or test the vulnerability of a system or network related to the Company Properties, or to circumvent, disable or otherwise breach any security-related features or authentication measures of the Company Properties (including features designed to prevent or restrict use or copying of any Content) without proper authorization.
- Collect or attempt to collect any information of other users of the Company Properties, registered members or other members of the public without the subject’s consent, including without limitation usernames and passwords for the Company Properties, account information, and personally identifiable information.
- Infringe upon or violate our intellectual property rights or the intellectual property rights of others.
- Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability or for any obscene or immoral purpose.
- 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, or to spam, phish, pharm, pretext, spider, crawl, or scrape.
- Interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
Violations of Company Properties or network security may result in civil or criminal liability. Hona reserves the right to investigate all occurrences which may involve such violations and may contact, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
14 – 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.
15 – LINKS TO OTHER WEBSITES
The Website may contain links to third party websites, whose information practices may be different than Hona. Visitors should consult such third-party sites’ privacy notices as Hona does not have any control over information that is submitted to, or collected by, these third parties. Hona does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party.
These links are provided solely as a convenience to you and not as an endorsement by Hona of the contents on such third-party websites. Hona cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Website, since these sites are owned and operated by independent retailers.
Hona is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party sites. Hona has not taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. If you decide to access linked third-party sites, you do so at your own risk. Hona strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third parties.
16 – HEALTH INFORMATION
Any statements on this site or any materials 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, consult with a physician before using any of our products. Products should be used only as directed on their labels. A Doctor’s advice should be sought before using these and any supplemental dietary products. Individual effects of products will vary by user. No products are sold or intended for smoking whatsoever.
Hona does not make any guarantee that you will accomplish your health and/or wellness goals. All products and services are to be used as a part of a healthy lifestyle that includes appropriate nutrition, exercise, and self-care. Your results may vary depending upon a variety of factors unique to you, such as your age, health, and genetics.
You further agree that any products or services you purchase from Hona and/or our website will be used for your personal, non-commercial use. You agree that you will not resell, re-distribute, modify, or export any product that you order from the Website.
Medical Claims Disclosure: Tree of Life Operating (TOLO), TOLO, EC22, LLC/HONA Hemp and its affiliates take no position on any statements regarding Hemp and hemp products and/or health, medical, and disease claims issued by manufacturers, distributors, and users of Hemp and hemp products. Pursuant to DSHEA (Dietary Supplement Health and Education Act of 1994) guidelines, we cannot specifically state any conditions that Hemp may address. Tree of Life Operating (TOLO), TOLO, EC22, LLC/HONA Hemp and its affiliates make no claim that any products will diagnose, treat, cure, or prevent any disease. It is up to the consumer of any product to perform their own research and draw their own conclusions. From time to time, Tree of Life Operating (TOLO), TOLO, EC22, LLC/HONA Hemp and its affiliates may allow consumers, subscribers, content writers, and other third parties to share product reviews, compose blog articles, and leave testimonials on its website, but doing so does not constitute any endorsement of the findings, comments, reviews, or statements regarding Hemp and hemp products as they relate to any claims that may be made or otherwise alluded to within any such shared content. At all times, Tree of Life Operating (TOLO), TOLO, EC22, LLC/HONA Hemp and its affiliates urge consumers, subscribers, and readers to conduct their own research, and to not construe any health, medical, or disease based content as Tree of Life Operating (TOLO), TOLO, EC22, LLC/HONA Hemp or its affiliates violating the DSHEA mandate.
Hemp/THC Disclosure: Our products contain Hemp (cannabidiol), an extract derived from the hemp plant. We do not sell, nor do we plan to sell, any products that are not industrial hemp derived. To our knowledge based on our partner agreements products contain less than 0.3% of the substance known as THC. This percentage is measured by volume. To our knowledge based on our partner agreements product THC levels fall under the percentage by volume allowable by United States federal law for hemp-derived Hemp and hemp products. Please check on the laws of your individual state prior to ordering any products.
Drug Testing Disclosure: There is a chance that the low amounts of THC within products may cause a THC positive test result on a drug test. We advise anyone who regularly receives drug tests to not use any of our products without first talking to their employer.
Product Certification Indemnity: All certifications, including their associated trademarks and copyrights are property of their respective owners and are not affiliated with our products nor do they endorse our products. This applies, but is not limited, to Organic, Good Manufacturing, Gluten-Free, and Non-GMO certifications.
Label Information: Tree of Life Operating (TOLO), TOLO, EC22, LLC/HONA Hemp and its affiliates attempt to ensure all products are labeled with the following information, or that such information is available via a URL or QR code for the manufacturer’s Internet website that provides such information or links to such information: (i) lot number; (ii) lot date; (iii) product name; (iv) the name of the product’s manufacturer; (v) telephone number and email address of manufacturer; (vi) a certificate of analysis of the THC content concentration level on a dry weight basis that, when reported with the accredited laboratory’s measurement of uncertainty, produces a distribution or range of 0.3 percent or less; (vii) Nutritional or Supplement Fact Panel; (viii) List of all Ingredients; (ix) Servings per Package; (x) Milligrams per serving of Hemp, THC, or any other marketed cannabinoid (if applicable); (xi) Expiration or Best by Date; (xii) Country or State where Hemp is Sourced; (xiii) Means for Reporting Adverse Events; (xiv) Tamper Evident Packaging; (xv) Warnings – Keep out of the reach of children – Warning – Product has not been evaluated by the FDA – Warning – Product may contain THC and cause a user to fail a drug test (if applicable) – Warning – Pregnant or nursing should consult a healthcare provider before use – Warning – THE FDA HAS NOT EVALUATED THIS PRODUCT FOR SAFETY OR EFFICACY.
- FEEDBACK REGARDING THE COMPANY PROPERTIES
You may provide suggestions, comments or other feedback on the operation of the Company Properties, which may include, without limitation, ideas for new products, services, features, technologies, processes, materials, marketing plans or new product or service names (“Service Feedback”). Such Service Feedback is voluntary and has the perpetual right to use any or all of such Service Feedback for any purpose without any obligation to you of any kind.
17 – SUBMISSIONS
Hona may allow you to submit or post Content, remarks, suggestions, testimonials, ideas, graphics, or other information you communicate to us through this site (collectively, “Submissions”). You are solely responsible for any and all Submissions you submit, whether transmitted, distributed, uploaded, posted, processed or otherwise provided or made available to or through the Company Properties, including any documents or other written or graphic materials, email addresses provided to or through the Company Properties, or any comments or other information communicated to the Company Properties. Hona does not endorse or accept any Submissions as its own or representative of its views.
18 – 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 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 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 this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.
YOUR USE OF THE COMPANY PROPERTIES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OR STATUTORY. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Except for our warranty found on our Site (which is incorporated herein by reference), we make no warranty, express or implied, that the Site, Services or any services, products, or information obtained on or through the site 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 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 SITE OR ITS CONTENT. WE MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT. All of the information in this site, 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 site if it is not, or is no longer, accurate or complete. This section does not affect in any way our return policy or limited warranty for goods purchased on the site. If for any reason you are not satisfied with a purchase you make on the site, please return it in accordance with the terms of our return policy or limited warranty, as applicable [http://honastore.com/returnpolicy]
We shall be not held liable for any improper or incorrect use of the information, Services, or products purchased on this site and assume no responsibility for anyone’s use of the information, Services, or products purchased on this site. We will not be liable if you or anyone to whom you provide the products purchased on our site is exposed to or comes in contact with any item to which you or the other person is allergic. We shall not be held liable for any direct or indirect damages caused in any way through the use of information or services on this site. This includes but is not limited to procurement or substitute goods or services; loss of use, data, or profits; or business interruption. This disclaimer of liability applies to any damages or injury which may be perceived by you, the site user, to be caused by the information or services on this site, or by using this site.
19 – LIMITATION OF LIABILITY
Disclaimer of Certain Damages.
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL COMPANY PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH COMPANY PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF COMPANY PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE COMPANY PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH COMPANY PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON COMPANY PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO COMPANY PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF US AND OUR COMPANY PARTIES, 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 COMPANY 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.
20 – 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 loss, damages, judgments, awards, costs, expenses, attorney’s fees and expert witness fees (collectively, “Losses”) relating to or arising out of: (i) any breach of these Terms of Service by you, including any use of Content other than as expressly authorized in these Terms of Service; (ii) your Submissions to, use of or inability to use, the Company Properties; (iii) your use of the products purchased on the site; or (iv) violation of any applicable laws, rules or regulations. 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 or the purchase of any products. You agree that the provisions in this section will survive any termination of your Account, the Terms of Service, or your access to Company Properties.
21 – NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your copyrighted work has been used or displayed on our Site in a way that constitutes copyright infringement, please report the alleged infringements by completing the following steps and by notifying our Designated Agent listed below. Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement should be sent ONLY to our Designated Agent.
The Notification of Claimed Infringement must include the following:
- (1) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
- (2) Identification of the copyrighted work (or works) that you claim has been infringed;
- (3) A description and identification of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the Site where it is lawfully posted; the name, edition, and pages of a book from which an excerpt was copied, etc.);
- (4) A clear description of where the infringing material is located on our site, including as applicable its URL, so that we can locate the material;
- (5) Your contact information, including your name, address, telephone number, and e-mail address;
- (6) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- (7) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows:
Tree of Life Operating (TOLO)
ATTN: Legal Department
4630 50th Street, Suite 602
Lubbock, TX 79416
22 – INFORMATION YOU MAY NOT POST, PUBLISH, etc.
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 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 site;
- 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 site;
- 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 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 use of this site to determine compliance with these Terms of Service, as well 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. You acknowledge that you have no expectation of privacy in any Submissions, and no confidential, fiduciary, contractually implied or other relationship is created between you and Hona by reason of your submission of any Submissions to the Company Properties.
23 – U.S. LAWS APPLIES
This site is intended for users located in the United States. All products sold through the Service are intended for legal use. Your purchase and use of products consisting of, or containing CDB may be subject to state and/or federal regulation. You are fully responsible for knowing and complying with your local, state, and federal laws before purchasing any products through the Service. It is up to you to determine whether accessing this site and purchasing our products are legal where you are. You access this site and purchase our products at your own risk, and you are responsible for compliance with all applicable laws, rules, regulations, and treaties.
By purchasing any product through the Service, you agree to indemnify, defend and hold harmless Flura and its affiliates and their respective owners, shareholders, officers, directors, employees, agents and representatives from and against any and all claims, losses, damages, expenses, or other liabilities including reasonable attorneys’ fees arising from or relating to of any acts or omissions you commit, including but not limited to, violation of any applicable law, regulation, or order.
24 – DISPUTE RESOLUTION
In the event of any claims, disputes, or other controversies arising out of, or relating to, these Terms of Service, the use of this site or information obtained through this site, or any other claims, disputes, or controversies arising out of or relating to this site, or any other World Wide Web site owned, operated, licensed, or controlled by us (the “Dispute” and together the “Disputes”), you agree to resolve any Dispute by submitting the Dispute to JAMS through its offices located in Dallas, Texas (www.jamsadr.com/dallas and 214-744-5267, “ADR Firm”), or its successor, for mediation. Any party to the Dispute may commence mediation by providing to 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 that they will 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 ADR Firm, or its successor, for final and binding arbitration pursuant to the then-current form of JAMS Comprehensive Arbitration Rules & Procedures (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 ADR Firm in accordance with the Rules. All hearings shall be held in Dallas, Texas, USA. If ADR Firm ceases to exist and has no successor, then the parties shall submit the Dispute to an established alternative dispute resolution entity in Dallas, Texas. 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, any arbitration initiated under this clause shall be conducted by a single arbitrator. 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.
No party to any mediation or arbitration under this clause shall be required to participate in any mediation or arbitration proceeding that involves more than one adverse party. 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.
Notwithstanding any provision in these Terms of Service, either party may request any judicial, administrative, or other authority in any other jurisdiction to order any provisional or conservatory measure, including injunctive relief, specific performance, or other equitable relief, prior to the institute of legal or arbitration proceedings, or during the proceedings, for the preservation of its rights and interests or to enforce specific terms that are suitable for provisional remedies.
25 – ELECTRONIC COMMUNICATION
The communications between you and Company use electronic means, whether you visit Company Properties or send Company e-mails, or whether Company posts notices on Company Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Company in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
26 – SOCIAL MEDIA
This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, YouTube, Pinterest, Twitter, Google+, LinkedIn, or any of the many other available external third-party social media platforms we may utilize (“Social Media Presence”).
27 – TESTIMONIALS
Hona may use testimonials and/or product reviews in whole or in part together with the name and state/country of the person submitting it. Testimonials may be used for any form of activity relating to Hona’s products, in printed and online media, as Hona determines in its absolute discretion. Testimonials represent the unique experience of the customers submitting the testimonial, and do not necessarily reflect the experience that you may have using our products. Your results can and will vary depending upon a variety of factors unique to you, such as your age, health, and genetics.
=Additionally, Hona reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. Hona shall be under no obligation to use any, or any part of, any testimonial or product review submitted. If you submit a testimonial, you are confirming that you have read, understood, and agree to these Terms of Service. If you disagree with any part of these Terms of Service, do not submit a testimonial.
28 – RELEASE
You hereby release Company Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) your use of Company Properties, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Terms of Service or your use of Company Properties; and (ii) 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. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “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. The foregoing release does not apply to any claims, demands, or any losses, damages, rights, and actions of any kind, including personal injuries, death, or property damage for any unconscionable commercial practice by a Company Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with the Site or any Services provided hereunder.
These Terms of Service are effective until terminated by Hona, which Hona may do at any time without notice for any reason, except with respect to any subscription of Services purchased by you. Unless otherwise agreed in writing, your subscription of Services may be terminated by us in the event that you fail to cure any breach of these Terms of Service within thirty (30) days written notice to you regarding such breach. In the event of termination, you are no longer authorized to access the Company Properties or use the Company Properties. The applicable restrictions imposed on you with respect to material downloaded from the Company Properties, indemnification obligations, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive such termination.
29 – MISCELLANEOUS
Waiver. Failure to insist on strict performance of any of these Terms of Service will not operate as a waiver of any subsequent default or failure of performance. No waiver by us of any right under these Terms of Service will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
Governing Law and Venue. These Terms of Service will be governed and interpreted pursuant to the laws of Texas, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Texas in connection with any dispute between you and us arising out of these Terms of Service or pertaining to the subject matter hereof. The parties to these Terms of Service each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Service or pertaining to the subject matter of these Terms of Service will be in the state and federal courts in Texas.
Limitation of Claims. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the site must be brought within two (2) years from the date on which such claim or action arose or accrued.
Severability. If any part of these Terms of Service is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Conflicts of Laws. These Terms of Service shall not be governed by the conflict of laws rules of any jurisdiction, UCITA, or the United Nations Convention on Contracts for the International Sale of Goods, the application of which are expressly excluded.
Notice to Nevada Residents: We are providing you these notices pursuant to state law. You may be placed on our internal Do Not Call List by requesting that we cease calling you by contacting us directly and making such request in writing at email@example.com. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: 702-486-3132; e-mail: BCPINFO@ag.state.nv.us.
[Products contain hemp extract that contains less than 0.3% THC and potentially other carcinogens that may cause cancer or endanger pregnant women.]
HOW TO CONTACT US
If you have questions or concerns about these Terms of Service, the practices of this site, or if you are interested in reprinting any of the Content of this site, please contact us at:
TOLO EC22, LLC (HONA Hemp)
4630 50th Street, Suite 602
Lubbock, TX 79414
Email Address: firstname.lastname@example.org