Terms of Service

TERMS OF SERVICE 

1. INTRODUCTION

Welcome to CBDTakeOut

Our goal is to create an online community that promotes and provides the education and tools necessary for consumers and providers to ensure access to the best quality cannabidiol (“CBD”) products possible (collectively the “Products”). To ensure a safe, non-offensive environment for all of our users, we have established these terms (hereafter collectively the “Terms of Service”), spelling out what you can expect from us and what we expect from you.

By purchasing any Products through or from the CBD Take Out website, using any of CBD Take Out’s services, or accessing any areas of the CBD Take Out website at www.cbdtakeout.com (“CBD Take Out”, “cbdtakeout.com” or “the Website” as the case may be), you agree to be legally bound and to abide by the terms and conditions set forth below.

cbdtakeout.com is owned and operated by CBD Take Out LLC, a Texas limited liability corporation with offices in Texas. Any references herein to CBD Take Out, cbdtakeout.com, THE CBD Take Out NETWORK, “we” or “us” shall be deemed to refer to cbdtakeout.com and/or CBD Take Out, LLC, as applicable under the circumstances. The term “Affiliates” as used in these Terms of Service means third-party individuals or groups that CBD Take Out has permitted either to link to its Website or otherwise promote CBD Take Out’s Website or Products available thereon.  Affiliates are responsible for all content, including without limitation all claims or representations, made by or such Affiliate or made by or through such Affiliate’s website or social media platform.  CBD Take Out does not bear, and expressly disclaims, any liability for the claims, representations or conduct of its Affiliates.  By agreeing to become an Affiliate, all Affiliates affirmatively acknowledge and agree to this disclaimer. Further, all Affiliates affirmatively acknowledge and agree to indemnify and hold CBD Take Out harmless for any costs (including without limitation any damages, awards, fines or expenses including reasonable attorney fees) arising from or related to such Affiliate’s claims, conduct or representations.

These Terms of Service, our Privacy Policy, and all policies posted from time-to-time on our sites set out the terms on which CBD Take Out offers you access to and use of our sites, services, applications or tools (collectively “Services”). All policies are incorporated into these Terms of Service. You agree to comply with these Terms of Services, as may be amended from time to time, when accessing or using our Services.  These Terms of Service include, without limitation: (i) an Arbitration Provision; (ii) Waiver of Class Actions; (iii) and a Release of Claims for damages that may arise out of your use of the Services or Website.  If you do not accept these Terms of Service, you are not authorized to use or access the Services or the Website.

Note to Social Media Users. When accessing or purchasing Products or Services from the Website or any other social media page, and when posting information to or otherwise communicating via that page or your own social media page, your activities online are subject to these Terms of Service as well as the terms of service (or other similar terms and conditions) imposed by that social media web site, which may contain terms and conditions different from these Terms of Service. All references in these Terms of Service to “CBD Take Out” “cbdtakeout.com” and/or “this Website” shall be deemed to include both this Website and any and all social media pages maintained from time-to-time by CBD Take Out, or its Affiliates.

1. MOBILE DEVICES TERMS OF USE

If you are accessing CBD Take Out from a mobile device using a CBD Take Out mobile application (the “Application”), the following terms and conditions (the “Mobile Devices Terms of Use”) apply to you in addition to these Terms of Service (as herein incorporated by reference). Your use of the Application confirms your agreement to these Mobile Device Terms of Use.

Application Use. CBD Take Out grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third-party terms of agreement when using the Application (e.g. your wireless data service agreement). The Application may not contain the same functionality available on the www.cbdtakeout.com website.

Intellectual Property-Applications. cbdtakeout.com owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter CBD Take Out’s copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any CBD Take Out Application.

Additional Mobile Device Terms of Use. Additional terms and conditions that apply to you based on the mobile device the Application is installed on:

iOS-Apple

1. These Terms of Use are an agreement between you and CBD Take Out, and not with Apple. Apple is not responsible for the Application and the content thereof.
2. CBD Take Out grants you the right to use the Application only on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
4. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim.
5. Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
6. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
7. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Use, and, upon your acceptance, Apple as a third-party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you.

III. ABOUT CBD Take Out

CBD Take Out and the CBD Take Out network is a marketplace dedicated to the creation and refinement of a new culture.  We believe this culture will be achieved through robust communication, continuing education and a commitment to responsible consumption.  You are our partner in this journey so let’s build this new culture together.

We provide education, marketplace feedback, and expertly curated CBD Products. While we may help facilitate transactions between CBD manufacturers and consumers, as well as the resolution of disputes through various programs, CBD Take Out has no control over—and does not guarantee—the existence, quality, safety or legality of advertised Products, nor does CBD Take Out guarantee the truth or accuracy of a users’ statements; the ability of a seller to sell Products; the ability of a buyer to pay for Products; or that a buyer or seller will actually complete a transaction.

In the event of a dispute, you release CBD Take Out (and our Affiliates and subsidiaries, and our, and their, respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

 

You will indemnify and hold us (and our Affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Service, your improper use of the Services or your breach of any law or the rights of a third party.

Using cbdtakeout.com

In connection with using or accessing the Services you will not:

• Post, list or upload content or items in inappropriate categories or areas on our sites;
• Breach or circumvent any laws, third party rights or our systems, policies, or determinations of your account status;
• Use our Services if you are not able to form legally binding contracts or are temporarily or indefinitely suspended from using our sites, services, applications or tools.
• Post false, inaccurate, misleading, defamatory, or libelous content;
• Transfer your CBD Take Out account and user ID to another party without our consent;
• Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
• Distribute viruses or any other technologies that may harm CBD Take Out, or the interests or property of users;
• Use any robot, spider, scraper or other automated means to access our Services for any purpose;
• Bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure.
• Reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to CBD Take Out or that comes from the Services and belongs to another user or to a third party including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of CBD Take Out and/or any other party holding the right to license such use;
• Commercialize any CBD Take Out application or any information or software associated with such application without appropriate consent or approvals;
• Harvest or otherwise collect information about users without their consent; or
• Circumvent any technical measures we use to provide the Services.

Your postings also must not contain the following:

• Securities/Investor Relations-Related Content. Forward-looking content or comments related to CBD Take Out or other companies which speak to stock price, financial health or outlook, obligations to investors, or other Investor Relations-related responsibilities;
• Confidential Content. Content which discloses any confidential or nonpublic third-party information which you do not have permission and/or authority to disclose;
• Content Contrary to Law or Public Policy. Content relating to matters that are contrary to law, regulation or public policy in any of the United States.
• Infringing Content. Content that violates or infringes the rights of any person or entity including, but not limited to, privacy, publicity and/or intellectual property rights, including the copyrights and brand rights of CBD Take Out and/or of third parties;
• Hateful Content. Content that is hateful, tortious, defamatory, slanderous, libelous, or obscene;

• Adult Content. Content that is sexually explicit in nature;   

• Discriminatory Content. Content that promotes bigotry, racism, sexism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• Spam. We observe and enforce a zero-tolerance policy for posting sales pitches for outside Products or services or posting comments that drive traffic to a third party’s Website (including for personal, political or monetary gain).

If we believe you are abusing CBD Take Out in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove and demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services. We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion. 

Purchase Conditions

When buying any Products, you agree that:

• You are solely responsible for educating yourself to the degree you deem necessary prior to making any Product purchases.
• You are relying on your own independent research and analysis of Products and their potential effects.  You have consulted with such third-party professionals or health-care providers as you deem necessary or beneficial, in the exercise of your sole discretion, prior to making a Product purchase.
• You are of legal age to purchase all Products available through CBD Take Out’s Website and are located in an area in which the purchase of such Products is legal.

1. TRADEMARKS AND SERVICE MARKS

CBD Take Out, and cbdtakeout.com is a trademark of CBD Take Out LLC, a Texas limited liability corporation. All rights are reserved. These and any other graphics, logos, service marks and trademarks of CBD Take Out LLC may not be used without the prior written consent of CBD Take Out LLC, or its Affiliates, as the case may be. All other trademarks, Product names, and company names and logos appearing on this Website or in any materials relating to our Services are the property of their respective owners.

1. DISCLAIMERS AND LIMITATION OF LIABILITY

You expressly agree that use of CBD Take Out’s Services is at your sole risk. Neither CBD Take Out, its Affiliates nor any of their members, managers, officers, directors, employees, agents, third-party content providers, merchants, advertisers, sponsors, or Affiliates (collectively “Providers”), or the like, warrant that this Website will be uninterrupted or error free, nor do they make any warranty as to any of CBD Take Out’s Services, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through this Website.

Disclaimer of Warranties. CBD Take Out MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY CONTENT MADE AVAILABLE ON THIS WEBSITE. CBD TAKE OUT DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THIS WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, (B) THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY CONTENT, MATERIALS, DATA OR INFORMATION OBTAINED BY YOU THROUGH CBD TAKE OUT.COM WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH CBDTAKEOUT.COM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) CBDTAKEOUT.COM OR THE SERVER(S) THAT MAKE OUR WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CBD TAKE OUT’S PRODUCTS AND ALL CONTENT AND INFORMATION MADE AVAILABLE ON THIS WEBSITE ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY CBD TAKE OUT AND ITS AFFILIATES.

Limitation of Liability. IN NO EVENT SHALL CBD TAKE OUT’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL CBD TAKE OUT OR ITS AFFILIATES BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH CBD TAKE OUT, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THIS WEBSITE, OR FOR ANY CONTENT, MATERIALS OR OTHER INFORMATION OBTAINED FROM OR THROUGH CBD TAKE OUT, OR FOR ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF CBD TAKE OUT OR ITS AFFILIATES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.

Internet Delays. USE OF THIS WEBSITE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. CBD TAKE OUT IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

Links to Third Party Sites. This Website contains links to third party sites. These links are provided for convenience purposes and are not under the control of CBD Take Out. If you choose to link to such third-party web sites, CBD Take Out makes no warranties, either expressed or implied, concerning the content of such sites, including the operations, programming and conduct of transactions over such sites. CBD Take Out does not warrant that such sites or content are free from any claims of copyright or other infringement or that such sites or content are devoid of viruses. CBD Take Out disclaims all liability of any kind whatsoever arising out of your use of, or inability to use such third party web sites, the use of your information by such third parties, and the security of information you provide to such third parties.

Domestic Use Only. CBD Take Out’s Services are available to you only in the United States, its territories, and possessions, and Canada. You agree not to use or attempt to use our Services from outside these locations. If you use our Services from outside the United States of America, Switzerland and/or the European Union, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of any content, information or materials available on this Website contrary to United States, Swiss or European Union (including European Union Member States) law is prohibited. CBD Take Out may use technologies to verify your compliance.

1. CONTENT AND COPYRIGHT OWNERSHIP
2. Copyright and Limited License

Unless otherwise indicated, this Website and all content and other materials therein, including, without limitation, the CBD Take Out logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Materials”) are the proprietary property of CBD Take Out or its licensors or users and are protected by U.S. and international copyright laws.

 

You are granted a limited, non-sublicensable license to access and use this Website and Site Materials for personal, informational and shopping purposes only. Such license is subject to the Terms of Service and does not include: (a) any resale or commercial use of this Website or Site Materials; (b) the collection and use of any Product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of this Website and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of this Website, the Site Materials or any information contained therein, except as expressly permitted on this Website; or (g) any use of this Website or the Site Materials other than for its intended purpose. Any use of this Website or Site Materials other than as specifically authorized herein, without the prior written permission of CBD Take Out, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.

1. Digital Millennium Copyright Act (“DMCA”) Notice

If you believe any material available via this Website infringes a copyright you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

 CBD Take Out LLC

Attn: Customer Care

[∙]

[∙], [ZIP]

E-Mail:info@cbdtakeout.com

Please see 17 U.S.C.A. § 512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

In accordance with the DMCA and other applicable law, CBD Take Out has also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. CBD Take Out may also, in its sole discretion, limit access to this Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

1. Third-Party Site Materials

CBD Take Out may provide third party content on this Website and links to web pages and content of third parties (collectively, “Third Party Site Materials”) as a service to those interested in this information. We do not control, endorse or adopt any Third Party Site Materials and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that CBD Take Out is not responsible or liable in any manner for any Third Party Site Materials and undertakes no responsibility to update or review such Third Party Site Materials. You agree to use such Third Party Site Materials contained therein at your own risk.

1. Advertisements and Promotions; Third-Party Services and Services

CBD Take Out may display advertisements and promotions from third parties on this Website or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. CBD Take Out is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such non-CBD Take Out advertisers or third-party information on this Website.

VIII. LINKS

You are granted a limited, nonexclusive right to create text hyperlinks to this Website for noncommercial purposes, provided such links do not portray CBD Take Out in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. In addition, you may not use CBD Take Out’s logo or other proprietary graphics to link to this Website without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any CBD Take Out trademark, logo or other proprietary information, including the images found at this Website, the content of any text or the layout/design of any page or form contained on a page on this Website without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of CBD Take Out or any third party.

CBD Take Out makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of embedded content, third-party web sites accessible via hyperlink or web sites linking to this Website. Such sites are not under the control of CBD Take Out and CBD Take Out is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. CBD Take Out and its users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement or adoption by CBD Take Out of any site or any information contained therein. When you visit other sites via links or embedded content, you should understand that our terms and policies no longer govern and that the terms and policies of those third-party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from this Website.

1. CONFIDENTIALITY

In the course of providing Services and information via this Website, CBD Take Out will deliver to you content, materials and other information which is confidential, proprietary to CBD Take Out, or which constitutes a “trade secret” of CBD Take Out (“Confidential Information”). You agree that you will hold all Confidential Information in trust for CBD Take Out, that you will not publish, disseminate or otherwise disclose Confidential Information to any person, firm or entity, and that you will not use Confidential Information to compete with CBD Take Out or in any other way detrimental to CBD Take Out. Without limiting the generality of the foregoing, “Confidential Information” includes any and all information relating to CBD Take Out’s Services, information (whether in written or electronic form) delivered to you in the course of selling Services or rendering services to you, Site Materials, trade secrets, marketing and business plans, strategies, vendors, customers, management and personnel, but does not include information in the public domain other than by reason of a breach of this Agreement. In the event you receive a subpoena or court order to disclose any Confidential Information, you will deliver prompt written notice to CBD Take Out and will cooperate with our attempts to obtain a protective order or other similar protection for the Confidential Information. This provision shall survive any termination for a period of five (5) years.

1. TERMINATION

Notwithstanding any of these Terms of Service, CBD Take Out reserves the right, without notice and in its sole discretion, to terminate your license to use this Website and to block or prevent your future access to, and use of, this Website.

1. USAGE BY CHILDREN AND MINORS

By accessing or using the Service or the Website, you expressly represent that you are at least twenty one (21) years of age and are legally competent to enter into and agree to these Terms of Service.  CBD Take Out will take reasonable efforts to prohibit minors from accessing this Website, however, CBD Take Out is not responsible for the use of false or misleading information by individuals not otherwise authorized to access this Website.  CBD Take Out must ultimately rely on parents, guardians and those responsible for supervising children under 18 to monitor the internet activity of minors. CBD Take Out requires that all purchases be made by individuals 21 years of age or older. EACH TIME YOU PURCHASE PRODUCTS FROM CBD TAKE OUT, YOU ARE REPRESENTING TO CBD TAKE OUT THAT YOU ARE EITHER AN INDIVIDUAL 21 YEARS OF AGE OR OLDER.

XII. APPLICABLE LAW

 

• Controlling Law

 

These Terms of Service and this Website are created and controlled by CBD Take Out, LLC, a corporation organized in the State of Texas. The laws of the State of Texas will govern these Terms of Service, without giving effect to any principles of conflicts of laws. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Texas for any litigation arising out of or relating to use of or purchase made through cbdtakeout.com (and agree not to commence any litigation relating thereto except in such courts, as otherwise allowable under the Agreement to Arbitrate, below), waive any objection to the laying of venue of any such litigation in the courts of the State of Texas, and agree not to plead or claim in any court of the State of Texas that such litigation brought therein has been brought in an inconvenient forum. At all times, your use of the Service and the Website, and the manner in which you order, reserve, request delivery, pick-up or pay for Products will be governed by the laws of the state in which you use the Services and the Website (the “Applicable Law”). Although many states have legalized some form of hemp or cannabis, the cultivation, manufacture, distribution and possession of hemp or cannabis and assisting with our conspiring to do the same remains illegal under United States federal law, and CBD Take Out makes no claim to the contrary.  It is your responsibility to ensure compliance with Applicable Law.  CBD Take Out has no obligation to defend, release or hold you harmless from any civil, criminal, or administrative investigations, proceedings or penalties that may result from your use of the Service or the Website.

XIII. AGREEMENT TO ARBITRATE

You and CBD Take Out each agree that any and all disputes or claims that have arisen or may arise between you and CBD Take Out relating in any way to or arising out of this or previous versions of these Terms of Service, your use of or access to CBD Take Out’s Services, or any Products or Services sold, offered, or purchased through CBD Take Out’s Services shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

 

• Prohibition of Class and Representative Actions and Non-Individualized Relief

 

YOU AND CBD TAKE OUT AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND CBD TAKE OUT AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

 

• Arbitration Procedures

 

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of these Terms of Service as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide.

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879 FREE. The use of the word “arbitrator” in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration: rather, the AAA’s rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.

A party who intends to seek arbitration must first send to the other, by certified mail, a written notice describing the nature of the dispute in reasonable detail (“Notice”). The Notice to CBD Take Out should be sent to CBD Take Out, LLC, at info@cbdtakeout.com. CBD Take Out will send any Notice to you to the physical address we have on file associated with your CBD Take Out account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.

If you and CBD Take Out are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or CBD Take Out may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to CBD Take Out at the following address: info@cbdtakeout.com. In the event CBD Take Out initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your CBD Take Out account. Any settlement offer made by you or CBD Take Out shall not be disclosed to the arbitrator.

The arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or CBD Take Out may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and CBD Take Out subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or CBD Take Out may attend by telephone, unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same CBD Take Out user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

 

• Costs of Arbitration

 

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, CBD Take Out will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by CBD Take Out should be submitted by mail to the AAA along with your Demand for Arbitration and CBD Take Out will make arrangements to pay all necessary fees directly to the AAA. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse CBD Take Out for all fees associated with the arbitration paid by CBD Take Out on your behalf that you otherwise would be obligated to pay under the AAA’s rules.

 

• Severability

 

With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply.

 

• Future Amendments to the Agreement to Arbitrate

 

Notwithstanding any provision in these Terms of Service to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against CBD Take Out prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and CBD Take Out. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on cbdtakeout.com at least 30 days before the effective date of the amendments and by providing notice through the CBD Take Out Message Center and/or by email. If you do not agree to these amended terms, you may close your account within the 30 day period and you will not be bound by the amended terms.

XIV. MODIFICATION OF TERMS

CBD Take Out may update these Terms of Service. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary e-mail address specified in your CBD Take Out account or by placing a prominent notice on this Website. You are responsible for regularly reviewing these Terms of Service. Continued use of CBD Take Out after any such changes shall constitute your irrevocable and unconditional consent to such changes.

1. NOTICES

CBD Take Out may give notice by means of a general notice on this Website, or electronic mail to your e-mail address on record in CBD Take Out’s account information, or by written communication sent by first class mail or prepaid post to your address on record in CBD Take Out’s records relating to our clients. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or prepaid post) or 12 hours after sending (if sent by email).

XVI. GENERAL

The provisions of these Terms of Service are intended to be severable. If for any reason any provision of these Terms of Service shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

No joint venture, partnership, employment, or agency relationship exists between you and CBD Take Out as a result of these Terms of Service. The failure of CBD Take Out to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by CBD Take Out in writing.

These Terms of Service, together with any applicable policies, comprise the entire agreement between you and CBD Take Out and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms of Service.

The policies posted on our sites may be changed from time-to-time. Changes take effect when we post them on the CBD Take Out Website.

If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to these Terms of Service. Such account is owned and controlled by the business entity.

The following Sections survive any termination of these Terms of Service: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Indemnity, and Legal Disputes.

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, California 95814, or by telephone at (800) 952-5210 FREE.

 

Customer Privacy Policy

This Customer Privacy Policy of CBD Take Out, LLC (“Company”) covers the collection, use, and disclosure of personal information that may be collected by the Company anytime you interact with the Company, such as when you visit our web site, when you purchase or utilize the Company’s products or services online, or when you call our support associates. Please take a moment to carefully read the following to learn more about our information practices, including what type of information is gathered, how the information is used and for what purposes, to whom we disclose the information, and how we safeguard your personal information. Your privacy is a priority at the Company, and we go to great lengths to protect it.

1. Reasons the Company Collects Personal Information

We collect your personal information because it helps us deliver a superior level of customer service. It enables us to give you convenient access to our products and services and focus on categories of greatest interest to you. In addition, your personal information helps us keep you posted on the latest announcements, special offers, and events that you might like to hear about. If you do not want the Company to keep you up to date with our news and the latest information click www.cbdtakeout.com and update your personal contact information and preferences.

2. Information the Company Collects and How the Information May be Used

There are a number of situations in which your personal information may help us give you a better online experience. For example:
We may ask for your personal information when you’re discussing a service issue on the phone with an associate, participating in an online survey, registering your products, or purchasing a product. When you interact with the Company, we may collect personal information relevant to the situation, such as your name, mailing address, phone number, email address, and contact preferences; your credit card information and information about the Company products you own, such as their serial numbers and date of purchase; and information relating to a support or service issue.
We also collect information for market research purposes — such as your occupation and where you use your Company products—to gain a better understanding of our customers and thus provide more valuable service. We collect information regarding customer activities on our web sites. This helps us to determine how best to provide useful information to customers and to understand which parts of our web sites, products, and Internet services are of most interest to them.
We may use personal information to provide products that you have requested as well as for auditing, research, and analysis to improve our products. This information may be shared with third parties or in special circumstances as described elsewhere in this policy.

3. Your Online ID and Related Information

Our web site allows you to create a personal customer identifier (“ID”) based on your personal information. This convenient service saves you time and allows for easier use of our web services. In order to create your ID you will need to create a personal profile by providing your name, phone number, email address, and in some cases your mailing address or a credit card number. The system saves the information in your personal profile and assigns you your own unique personal ID which you can use when performing various activities relating to our web site and the products and services you purchase from the Company.

4. Publicly Displayed Information is Public

If you use a bulletin board or chat room on our website you should be aware that any information you share is visible to other users. Personally identifiable information you submit to one of these forums can be read, collected, or used by other individuals to send you unsolicited messages. The Company is not responsible for the personally identifiable information you choose to submit in these forums. For example, if you choose to make information, which was previously nonpublic, available by enabling certain user features, the Company will collect that information from your interaction and the information will become publicly available.

5. When the Company Discloses Your Information

The Company takes your privacy very seriously. The Company does not sell or rent your contact information to other marketers.
To help us provide superior service, your personal information may be shared with legal entities within our corporate group globally who will take steps to safeguard it in accordance with our privacy policy.

There are also times when it may be advantageous for the Company to make certain personal information about you available to companies that the Company has a strategic relationship with or that perform work for the Company to provide products and services to you on our behalf. These companies may help us process information, extend credit, fulfill customer orders, deliver products to you, manage and enhance customer data, provide customer service, assess your interest in our products and services, or conduct customer research or satisfaction surveys. In such situation these companies are prohibited from using your personal information for any unauthorized purposes and are also obligated to protect your information in accordance with the Company’s policies, except if we inform you otherwise at the time of collection. Without such information being made available, it would be difficult for you to purchase products, have products delivered to you, receive customer service, provide us feedback to improve our products and services, or access certain services, offers, and content on our web site.

The Company may take the personal information we receive from individuals responding to our customer surveys and combine (or aggregate) it with the responses of other customers we may have, to create broader, generic responses to the survey questions (such as gender, age, residence, hobbies, education, employment, industry sector, or other demographic information). The Company then uses the aggregated information to improve the quality of its services to you, and to develop new services and products. This aggregated non-personally identifying information may be shared with third parties.

We also reserve the right to disclose your personal information for any reason if, in our sole discretion, we believe that it is reasonable to do so, including credit agencies, collection agencies, merchant database agencies, law enforcement, litigation or to satisfy laws, such as the Electronic Communications Privacy Act, the Child Online Privacy Act, regulations, or governmental or legal requests for such information. We may also disclose personal information that is necessary to identify, contact, or bring legal action against someone who may be violating our contracts, policies and procedures. Finally, we may also disclose information about you if we determine that for national security, law enforcement, or other issues of public importance, disclosure is necessary.

6. How the Company Protects Your Personal Information

The Company takes precautions—including administrative, technical, and physical measures—to safeguard your personal information against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction.

Our web sites use encryption on all web pages where personal information is required. You can help us by also taking precautions to protect your personal data when you are on the Internet. Change your passwords often using a combination of letters and numbers, and make sure you use a secure web browser. While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining your personal information.

7. Integrity of Your Personal Information

The Company has safeguards in place to keep your personal information accurate, complete, and up to date for the purposes for which it is used. You always have the right to access and correct the personal information you have provided and can help us ensure that your contact information and preferences are accurate, complete, and up to date by checking at www.cbdtakeout.com. In addition, you can request a copy of your personal information, your product registration history, and your interactions with our sales and support agents by contacting us at the email address below.

8. Privacy of Children

Protecting children’s privacy is especially important to us. The Company recognizes that parents, guardians, or other adults often purchase our products for family use, including use by minors. We do not knowingly collect personal information from children under 13 for marketing purposes, but because some information is collected electronically, it can appear to be the personal information of the Company purchaser of the product, and will be treated as such by this privacy policy. If a child under 13 submits personal information to the Company and we learn that that personal information is the information of a child under 13, we will attempt to delete the information as soon as possible. It is our policy to comply with the Children’s Online Privacy Protection Act of 1998 and all other applicable laws. Therefore, we restrict our web site to persons 21 years or older.

YOU MUST BE TWENTY-ONE (21) YEARS OR OLDER TO ACCESS THE COMPANY’S WEBSITE. IF YOU ARE UNDER TWENTY-ONE YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THE COMPANY’S WEB SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THAT WEBSITE, NO INFORMATION OBTAINED BY THAT WEBSITE FALLS WITHIN THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT OF 1998 AND IS NOT MONITORED AS DOING SO.

9. Cookies and Other Technologies

As is standard practice on many corporate web sites, our web site uses “cookies” and other technologies to help us understand which parts of our web sites are the most popular, where our visitors are going, and how much time they spend there. We also use cookies and other technologies to make sure that our online advertising is bringing customers to our products and services. We use cookies and other technologies to study traffic patterns on our web site, to make it even more rewarding as well as to study the effectiveness of our customer communications. And we use cookies to customize your experience and provide greater convenience each time you interact with us. If, however, you prefer not to enable cookies, please go to www.cbdtakeout.com which explains step by step how you can disable cookies. Please note that certain features of our web site will not be available once cookies are disabled.

As is true of most web sites, we gather certain information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type, Internet Service Provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole. The Company will not use the information collected to market directly to that person.

In some of our email messages we use a “click-through URL” linked to content on our web site. When customers click one of these URLs, they pass through our web server before arriving at the destination web page. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked simply avoid clicking text or graphic links in the email.

In addition we use pixel tags—tiny graphic images—to tell us what parts of our web site customers have visited or to measure the effectiveness of searches customers perform on our site. Pixel tags also enable us to send email messages in a format customers can read. And they tell us whether emails have been opened to ensure that we’re sending only messages that are of interest to our customers. We may use this information to reduce or eliminate messages sent to a customer. We store all of this information in a secure database located in the United States.

10. Push Notification

We may send push notifications to your mobile device to communicate with you about our products or services. You can choose to disable such notifications via the settings in the website at your discretion.

11. Commitment to Your Privacy

As we said, the Company takes protecting your privacy very seriously. To make sure your personal information is secure, we communicate these guidelines to our employees and strictly enforce privacy safeguards within the company. In addition, the Company supports industry initiatives to preserve privacy rights on the Internet and in all aspects of electronic commerce.

12. International Users

The Company abides by the safe harbor framework set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information collected from the European Union.

13. Links to Sites of Other Companies

Our web site has links to the sites of other companies. We are not responsible for their privacy practices. We encourage you to learn about the privacy policies of those companies.

14. Further Questions Regarding Privacy

If you have questions or concerns about the Company’s Customer Privacy Policy or data processing, please contact us at: info@cbdtakeout.com. The Company will respond to your inquiry within 30 days. If you do not want the Company to keep you up to date with Company news and the latest information on products and services click www.cbdtakeout.com and update your personal contact information and preferences. Naturally, if you notify us that you do not want us to use your information for a particular purpose, we will not do so.

15. Effective Date; Updates to Privacy Policy

The terms and conditions in this policy statement came into effect on December 3, 2018. The Company reserves the right to revise, amend, or modify this policy at any time and in any manner. When we change the policy in a material way a notice will be posted on our web site along with the updated privacy policy. Your use of our web site and any other services provided by the Company after such changes are implemented constitutes your acknowledgement and acceptance of these changes. Please consult this privacy statement prior to every use for any changes.

16. Notice of Compliance to California Residents

California law requires that we provide you with a summary of your privacy rights under the California Online Privacy Protection Act (“California Act”) and the California Business and Professions Code. As required by the California Act, this privacy policy identifies the categories of personally identifiable information that we collect through our web site about individual consumers who use or visit our web site and the categories of third-party persons or entities with whom such personally identifiable information may be shared.

Depending on the visitor’s activity at our web site, certain “personally identifiable information” (as that term is defined in the California Act) may be collected, in addition to information set forth in other sections of this document. For purposes of the California Act, the term “personally identifiable information” means individually identifiable information about an individual consumer collected online by us from an individual and maintained by us in an accessible form, and may include any of the following:

1. A first and last name;
2. A home or other physical address, including street name and name of a city or town;
3. An email address;
4. A telephone number;
5. A social security number;
6. Any other identifier that permits the physical or online contacting of a specific individual;
7. Information concerning a user that the web site collects online from the user, and maintains in personally identifiable form, in combination with an identifier described within this privacy policy.

See Section 7 above entitled “Integrity of Your Personal Information” for a description of the process maintained by the Company for an individual consumer who uses or visits our web site to review and request changes to any of his or her personally identifiable information that is collected through our web site.

See Section 15 above entitled “Effective Date; Updates to Privacy Policy” for a description of the process by which the Company notifies consumers who use or visit our web site of material changes to the Company’s privacy policy. The effective date of this privacy policy is also included in Section 15 above.