These Terms and Conditions (“Terms”) govern the website and associated products owned and operated by Infused MFG LLC and its affiliates (“INFUSED”, “We”, and/or “Us”) (collectively the “Site”). Users of the Site (each, a “User”) are strongly encouraged to read these Terms carefully prior to using the Site.
NOTICE REGARDING CBD
Many INFUSED products contain Cannabidiol (“CBD”), which is derived from hemp. The 2018 Farm Bill removed hemp from the Controlled Substances Act and defined hemp as the Cannabis sativa L. and any part of the plant with a delta-9 THC concentration of not more than 0.3 percent by dry weight. The 2018 Farm Bill permitted states to create regulatory programs allowing for licensed cultivation of hemp and processing of hemp-derived products. The introduction of hemp and products derived from hemp, such as CBD, in foods, beverages, and dietary supplements has not, except in limited circumstances, been approved by the Food and Drug Administration (“FDA”). Infused adheres to Nevada’s hemp regulatory program; however, CBD products are subject to further regulation and oversight by the FDA, US Department of Agriculture, and other governmental authorities.
Products listed on the Site are not for use by or sale to persons under the age of 18. Any statements made regarding Infused products have not been evaluated by the FDA. The efficacy of Infused products has not been confirmed by FDA-approved research. Infused products are not intended to diagnose, treat, cure or prevent any disease.
INFORMATIONAL PURPOSES ONLY
The Site and the materials on the Site, have been prepared by INFUSED for informational purposes only and INFUSED makes no claims with respect to the use or consumption of any INFUSED products. The information on the Site is not intended to provide medical nor legal advice, and you should not act upon this information without seeking guidance from an attorney, medical professional, or other applicable, qualified professional. Please consult your health care professional about interactions or other possible complications before using any INFUSED product.
Do not operate vehicles or dangerous equipment while under the influence of cannabidiol. If you are pregnant or may be pregnant, breastfeeding, suffering from a known health condition, or taking any prescription medications, you should consult your physician or other health care professional prior to using cannabidiol. These statements have not been evaluated by the Food and Drug Administration. None of the products made available by INFUSED are intended to diagnose, treat, cure, or prevent any disease. You acknowledge and agree that no partnership is formed through these Terms or your use of the Site.
Content on the Site that is provided by INFUSED and its licensors, including, but not limited to, certain graphics, photographs, images, screen shots, text, digitally downloadable files, audio, videos, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“INFUSED Content”) is the property of INFUSED and its licensors, and is protected in the U.S. and internationally under state and federal trademark, copyright, and other intellectual property laws. By entering and/or using the Site you acknowledge and agree that any name, logo, trademark, or service mark contained on the Site and all INFUSED Content is owned or licensed by INFUSED and may not be used by you without prior written approval. You agree not to download, display, or use any INFUSED Content located on the Site for any publications, in public performances, on websites other than the Site for any other commercial purpose, in connection with products or services that are not those of INFUSED, in any other manner that is likely to cause confusion among consumers, that disparages or discredits INFUSED and/or its licensors, that dilutes the strength of INFUSED’s or its licensor’s property, or that otherwise infringes INFUSED’s or its licensors’ intellectual property rights. Nothing contained in the Site shall be construed as granting a license or other rights under any patent, trademark, copyright, or other intellectual property of INFUSED.
ACCURACY OF INFORMATION
We attempt to ensure that information provided through the Site, including INFUSED Content, is complete, accurate, and current. Except as prohibited by applicable law, We make no representation as to the completeness, accuracy, or currency of any information provided through the Site. INFUSED shall not be responsible for any errors or omissions on the Site; however, when We discover an error, We will endeavor to correct it as soon as possible and notify any customers who We are aware are materially impacted. We reserve the right to amend errors or to update product information at any time without prior notice. Not all products that appear on the Site are offered for sale in all states.
Certain products may not be available in your jurisdiction. Products shown on the Site may appear differently at the retail establishment. The prices displayed (in U.S. dollars) for products available for purchase via the Site may only represent the applicable retail prices, and may not consist of taxes, delivery fees, or other applicable charges. Before you complete an order, all such applicable charges will be provided to you. The pricing shown to you through use of the Site may only be good for purchases made through the Site and may differ from in-store pricing. Please note that the current price for and availability of a product may differ from the price displayed when the product was first placed in your shopping cart. Price and availability information is subject to change without notice.
DISCOUNTS AND SPECIAL OFFERS
The Site may display, include, or make available coupons, special offers, promotional codes, giveaways, samples, and other offers from INFUSED (“Offers”). INFUSED displays these Offers on the Site as a form of advertisement. All Offers may be subject to additional terms, conditions, or restrictions under applicable law, regardless of whether such additional terms, conditions or restrictions are expressly included on the Site.
ORDERS AND DELIVERIES
The Site may consist of features or links to third-party sites permitting you to place an order with Us for either pick-up at a retail establishment or for delivery. When an order for delivery is placed, it will be delivered to an address designated by you so long as that delivery address is compliant with any applicable delivery restrictions set forth by Us through the Site or otherwise. All orders are subject to acceptance by Us, and We will confirm such acceptance in a communication to you. We are not responsible for deliveries that are delayed due to events that are beyond our control, but We will strive to provide you with a seamless delivery process. Not all products shown on the Site are available in our retail establishments, as some products can only be found online.
Prior to pick-up or delivery, We reserve the right, without prior notice, to cancel or limit the order quantity on any product or service and/or to refuse service to any user. For example, We may limit or prohibit orders that, in our sole judgment, appear to be placed in violation of these Terms or applicable law, are processed as a result of any fraudulent or misleading activity, or are placed by dealers, resellers, or distributors. In the event We make a change to or cancel an order, We will attempt to notify you by contacting the contact information provided at the time the order was made. We also may require verification of information prior to the acceptance and/or delivery of any order.
Any time you access or use the Site, you are required to comply with the following User Conduct Guidelines, as set forth below. You are not authorized to access or use the Site:
- to systematically retrieve information or content to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- if you are not able to form legally binding contracts (for example, if you are under 18);
- if you are a person barred from receiving our products under the laws of the Unites States or another applicable jurisdiction; or
- for any other purposes that are not expressly permitted by these Terms.
Further, you may not:
- access, copy, distribute, share, publish, use or store, or prepare derivative works from any INFUSED Content or content that belongs to another user or to a third party, including works covered by any copyright, trademark, patent, or other intellectual property right, except with prior express permission of the person or entity holding the rights to license such use;
- circumvent our systems, policies, including by attempting to access or use the Site if you have been temporarily or permanently prohibited or blocked from using the Site;
- use, display, mirror or frame the Site, or any feature, functionality, tool or content of the Site, INFUSED’s name, any INFUSED trademark, logo, or other proprietary information, without INFUSED’s express written consent;
- interfere with, disrupt, damage or compromise the Site or our systems or the access of any user, host or network in any way, including through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology or by overloading, flooding, spamming, mail-bombing the Site, or otherwise imposing an unreasonable or disproportionately large load on the Site;
- access, tamper with, or use non-public areas of any of the Site, INFUSED’s computer systems, or the technical delivery systems of INFUSED’s providers;
- probe, scan, or test the vulnerability of any system or network of INFUSED or its providers, or breach or circumvent any security or authentication measures of such system or network;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by INFUSED or any of INFUSED’s providers or any other third party to protect the Site;
- forge any TCP/IP packet header or any part of the header information in any e-mail or posting, or in any way use the Site to send altered, deceptive, or false source-identifying information;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the code or software used to provide the Site;
- export or re-export the Site, except in compliance with the export control laws and regulations of any relevant jurisdictions;
- post reviews on the Site or any of INFUSED’s social media pages or channels that are not based on your own personal experiences, not factual in nature, or based on secondhand, nonpersonal experience;
- resell for commercial purposes products purchased through use of the Site or resell or make commercial use of the Site or INFUSED Content;
- violate any federal, state, or local laws, rules or regulations or infringe the rights of any third party, including, any intellectual property, privacy, or publicity-related rights in connection with your access to or use of the Site;
- otherwise abuse the Site or breach the Terms; or
- attempt to do any of the foregoing, or advocate, encourage or assist any third party in doing any of the foregoing.
- You represent, warrant, and agree that you shall comply with the above User Conduct Guidelines. to any remedies that We may have at law or in equity, if We determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, We may take any action We deem necessary to cure or prevent the violation, including without limitation, the immediate removal of your information or related materials from the Site and termination of your Account(s).
We welcome and encourage you to provide feedback, comments, ideas, and suggestions for improvements, enhancements, and modifications to the Site, which may include text, photos, audio, code, forms and agreements, files, videos, images, and other materials (“User Content”). You may submit User Content by contacting Us via the contact information provided below. Your User Content may not:
- infringe on any rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights, trade secrets, or any other intellectual property or proprietary rights;
- violate any law, statute, ordinance, or regulation;
- be defamatory, libelous, slanderous, or threatening;
- contain offensive language or images, including sexually explicit content that is pornographic, obscene, harmful to minors, or constitute violations of child pornography or child sexual exploitation laws;
- denigrate any ethnic, racial, sexual, or religious group by stereotypical depiction or otherwise;
- exploit images or the likeness of any individual other than yourself (except where you have obtained express permission from such other individual(s) for such exploitation);
- promote physical harm of any kind against any individual or group or characterize violence as acceptable, glamorous, or desirable;
- provide instructional information about illegal activities; or
- contain any viruses or other programming routines that may detrimentally interfere with computer systems or data, whether those of INFUSED or any third party.
You acknowledge and agree that all User Content you give Us (i) will be treated as non-confidential, and (ii) will be the sole and exclusive property of INFUSED. Without limiting the foregoing, you acknowledge that your User Content may be disseminated or used by INFUSED for any purpose whatsoever, including developing, improving, and marketing products. You hereby irrevocably transfer and assign to INFUSED all of your rights, title, and interest in and to all User Content, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such User Content. You agree to sign and deliver such documents, and otherwise provide such assistance, as may reasonably be required from time to time to perfect Our rights in such improvements, enhancements, and modifications.
You represent and warrant to INFUSED that you have the power and authority to accept and agree to these Terms, and you own or control all of the rights necessary to grant the rights and licenses granted herein.
When you use the Site or send e-mails, messages (e.g., via our chatbot feature), and other communications from your desktop or mobile device to Us, you consent to receive communications from Us (e.g., newsletters and updates) including via e-mail, text messages, phone calls, social media, and push notifications at the email address or telephone number you provided. You agree that all agreements and consents can be signed electronically and all notices, disclosures, and other communications that We provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.
You can unsubscribe from these communications by following the unsubscribe options in the marketing email itself. If you wish to opt out of text messages from Us, you can do so by texting the applicable keyword in the text message(s) from the mobile device receiving the messages. You may continue to receive communications from Us while We are processing your opt-out request.
MODIFICATION AND SUSPENSION
We reserve the right, at any time in our sole discretion and without notice to you, to modify, suspend or discontinue the Site and/or INFUSED Content. We may also impose rules for and limits on use of the Site or restrict your access to all or part of the Site without notice or penalty. You agree that, to the fullest extent allowed by applicable law, We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or INFUSED Content. These Terms will survive any termination, discontinuation, or cancellation of the Site or your Account(s).
By entering and/or using the Site you acknowledge that the information is provided on an “As Is, As Available” basis. No warranties, express or implied, including but not limited to those of merchantability, fitness for a particular purpose, or non-infringement, are made with respect to the Site or any information or software therein or provided in connection therewith (including but not limited to INFUSED Content), or any warranties as to the reliability or availability of the Site or INFUSED Content, that use of the Site will be uninterrupted or error free, or warranties as to the completeness, accuracy or timeliness of any INFUSED Content.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:
- YOUR USE OF THE SITE ARE AT YOUR OWN RISK;
- YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE HANDLING, STORAGE, USE AND CONSUMPTION OF ALL PRODUCTS SOLD OR DISTRIBUTED THROUGH THE SITE. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY ALLERGIES YOU MAY HAVE AND VERIFYING PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. YOU ARE RESPONSIBLE FOR READING AND UNDERSTANDING ALL WARNING LABELS THAT ACCOMPANY ANY PRODUCTS;
- UNDER NO CIRCUMSTANCE (INCLUDING NEGLIGENCE), SHALL INFUSED OR ANY OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND (INCLUDING LEGAL FEES, EXPERT FEES, OR OTHER DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH THE ACCESS TO, INABILITY TO ACCESS, USE OF, OR BROWSING OF THE SITE OR THROUGH YOUR DOWNLOADING OF ANY INFUSED CONTENT OR OTHER MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS EVEN IF INFUSED HAS BEEN ADVISED OF SUCH INCIDENTS;
- INFUSED IS NOT RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND INFUSED’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO FORCE MAJEURE EVENTS (DEFINED HEREIN), COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE SITE’S RECORDS, PROGRAMS, OR SERVICES.
- SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, INFUSED’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS (US$100).
- YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE INFUSED FROM AND AGAINST ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OR THE SERVICES PROVIDED HEREUNDER.
- THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY PRODUCTS YOU PURCHASE FROM US, OR FOR OUR FRAUD, GROSS NEGLIGENCE, OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INFUSED AND YOU, AND WILL SURVIVE AND APPLY EVEN IF YOUR REMEDIES ARE FOUND OR ALLEGED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
No person or entity shall be entitled to any form of indemnification at any time, except as provided by the Terms. To the maximum extent not prohibited by applicable law, you agree to release, defend, indemnify, and hold INFUSED, its parent, subsidiaries, affiliates, licensors and service providers, and its and their officers, directors, shareholders, agents, employees and representatives (individually and collectively, the “INFUSED Entities”), harmless (collectively, “indemnify” or any variation thereof) from and against any claims, liabilities, damages, losses, costs and expenses, including, any bodily injury, illness, death or damage to any real or personal property, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs, arising out of or relating to or in any way connected with (i) your access to or use of the Site, including any and all INFUSED Content and any features, functionality, tools, and promotions available on and through the Site, (ii) your breach of the Terms, including any violation of national, federal, state, or local or other applicable laws, rules or regulations or any infringement or misappropriation of the rights of any third party, and (iii) your gross negligence or willful misconduct.
You agree that, at INFUSED’s option, you will conduct the defense of any such claim or action; provided that, notwithstanding our election that you to conduct the defense, (i) INFUSED may nevertheless participate in such defense or settlement negotiations and pay its own costs associated therewith, and (ii) you will not enter into any settlement or other compromise without the prior written approval of INFUSED (which approval shall not be unreasonably withheld), unless such settlement or other compromise includes a full and unconditional release of the relevant parties from all liabilities and other obligations in respect of such claim or action.
USERS AND THIRD-PARTY WEBSITES
Though users are required by the Terms to provide accurate information, We do not guarantee the completeness or accuracy of any information provided by any user, including the user’s purported identity, credentials, or background. We recommend that you exercise due diligence when deciding to communicate or interact with another user, and We will not be responsible or liable for any damage or harm resulting from your interactions with other users.
Although the Site may be linked to other sites, INFUSED is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By entering the Site, you acknowledge and agree that INFUSED has not reviewed all the sites linked to the Site and is not responsible for the content of any off-site pages or any other site linked to the Site. Your linking to any other off-site pages or other sites is at your own risk. You should refer to the terms and policies governing any other sites that you use to determine your rights and responsibilities.
GOVERNING LAW AND DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND INFUSED HAVE AGAINST EACH OTHER ARE RESOLVED. YOU ACKNOWLEDGE THAT, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION, YOU ARE WAIVING THE RIGHT TO GO TO COURT AND HAVE A CLAIM HEARD BY A JUDGE OR JURY.
All disputes, claims, and matters arising out of or relating to these Terms, the breach thereof, or any transactions hereunder, including any questions of arbitrability (“Claims”), shall be exclusively settled by binding arbitration administered by JAMS pursuant to its arbitration rules and procedures (“JAMS Arbitration Rules”) in effect at the time any party submits a demand for arbitration. The JAMS Arbitration Rules are expressly incorporated herein by reference. You submit and consent to the exclusive jurisdiction of the Eighth Judicial District Court, Clark County, Nevada to compel arbitration, to confirm an arbitration award or order, or to handle other court functions exclusively in accordance with the Nevada Uniform Arbitration Act, Nevada Revised Statutes Chapter 38. You expressly waive any right of removal to the federal courts. The arbitrator shall award the prevailing party, if any as determined by the arbitrator, its reasonable costs, including reasonable attorney’s fees. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction. No information concerning an arbitration, beyond the names of the parties, their counsel or the relief requested, may be unilaterally disclosed to a third party by any party unless required by law. Any documentary or other evidence given by any party or witness in any arbitration shall be treated as confidential by any party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any third party (other than a witness or expert), except as may be required by law. Any party who commences any judicial proceeding in connection with an arbitration initiated hereunder shall endeavor to have the judicial record of any such proceeding sealed to the extent permitted by law.
EACH PARTY AGREES THAT ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS ON THAT PARTY’S OWN BEHALF AND NOT IN ANY REPRESENTATIVE CAPACITY OR ON BEHALF OF ANY SORT OF CLASS OR PURPORTED CLASS, AND NO ARBITRATION COMMENCED HEREUNDER MAY BE JOINED WITH OR INCLUDE ANY CLAIMS BY ANY OTHER PERSONS. FOR THE AVOIDANCE OF DOUBT, EACH PARTY HEREBY WAIVES THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FURTHER, UNLESS BOTH YOU AND INFUSED OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.
If any provision of these Terms shall be deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms shall be governed by and interpreted in accordance with the laws of the State of Nevada without regard to its conflict of law principles.
These Terms constitute the entire agreement between you and INFUSED regarding the use of the Site and INFUSED Content and supersede and replace any prior agreements you and INFUSED might have had regarding the Site and INFUSED Content. By using the Site, you represent that you are capable of entering into a binding agreement.
Nothing in these terms shall affect your statutory rights. INFUSED may (in its sole discretion) decline to enter into any correspondence, except as otherwise stated in these Terms.
CHANGES TO THESE TERMS
INFUSED reserves the right to revise and update these Terms at any time and for any reason, with or without notice or obligation. Your use of the Site after We post any changes constitutes your agreement to those changes and your agreement to be bound by any such revisions. In addition to posting the updated Terms, We reserve the right in our sole discretion to notify you of such revisions via email, if provided. You agree to periodically review these Terms to ensure you are familiar with the most recent version. You agree that you do not have any rights in the Site and that INFUSED will have no liability to you if the Site are discontinued or your ability to access the Site or participate in the Services are restricted.