TERMS & CONDITIONS
TERMS AND CONDITIONS
All products sold on the DomesticCBD.com website (the “Site”) are produced in the United States. CBD (Cannabidiol) is extracted from industrial hemp.
Cannabis is the non-psychoactive part of the plant.
MADE in USA. No Chemicals added, No Nicotine.
Ingredients vary by product. Please review ingredient details on product pages for more information. Please reach out to info@DomesticCBD.com if no ingredients are available.
WARNING
All products on the site are nicotine free. No product sold on the site should be used as a smoking cessation device.
No product sold on DomesticCBD.com is permitted for use for anyone under 18 years of age. Keep away from children. This product is not for use if you are pregnant or nursing. Domestic CBD (the “Company”) and its affiliates are not responsible for misuse of any product sold through the site.
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PAYMENTS
During the checkout process, you will be asked to enter your payment details. By completing your payment details you confirm that the credit or debit card being used is yours. All fields indicated as required must be completed. Please note that we may collect and store your information, using an encrypted secure payment mechanism and will only use your information in accordance with our Privacy and Cookie Policy.
Please be informed that all payments through this website for your purchase(s) will be processed through the following company:
Pinwheel Pay
2985 E Hillcrest Dr. Suite 209
Thousand Oaks, CA 91362
888-882-9494
You hereby agree that any inquiries regarding payment of your purchase(s) will be directed to Pinwheel Pay at 888-882-9494.
AGREEMENT BETWEEN USER AND DomesticCBD.com
The DomesticCBD.com website (the “Site”) is comprised of various web pages operated by Domestic CBD (the “Company) and is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of DomesticCBD.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. DomesticCBD.com is an E-commerce Site that provides high quality CBD products.
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NOT HEALTHCARE ADVISE
This site is not intended to provide medical advice, diagnosis or treatment. The products, information, services and other content provided on and through this Site, including information that may be provided on the Site directly or via linking to third-party sites by a healthcare or nutrition professional, are provided for informational purposes only. Please consult with your physician or other healthcare professional (collectively, “Healthcare Professional”) regarding any medical or health-related diagnosis or treatment options.
The information provided on this Site and Linked Sites (as defined), including information relating to medical and health conditions, products and treatments, is often provided in summary or aggregate form. Again, it is not intended as a substitute for advice from your Healthcare Professional, or any information contained on or in any product label or packaging.
You should not use the information or services on this Site for diagnosis or treatment of any health issue or for prescription of any medication or other treatment. You should always consult with your Healthcare Professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before using any medication or nutritional, herbal or homeopathic product, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product. You should also consult your Healthcare Professional regarding any interactions between any medication you are currently taking and nutritional supplements.
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Domestic CBD makes no representation regarding how the use of Domestic CBD will effect or alter the results of any drug test, and Domestic CBD takes no responsibility for the results of any test or damages incurred by you due to those results. You should consult the manufacturer, testing lab, and administrator of the test for more information regarding the effects of and CBD product on the test result.
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Information and statements regarding CBD, CBD oil, CBD tinctures or any other derivative of CBD have not been evaluated by the FDA and are not intended to diagnose, treat, cure or prevent any disease.
If you are pregnant, or think you may be pregnant, consult your healthcare professional before using any product sold on DomesticCBD.com.
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Using any form of hemp product does not guarantee you will pass a drug test. All full spectrum hemp products contain trace amounts naturally occurring THC the same way poppy seed bagels contain trace amounts of opiates and fruit juice contains trace amounts of alcohol from naturally occurring fermentation. It is highly unlikely to fail a drug test since hemp THC content is so low, but it is not impossible. Use caution when using any type of hemp product. If failing a drug test is detrimental to your occupation or lifestyle, do not use hemp products as they all have a small amount of risk involved.
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Applicable Law; Jurisdiction; Dispute Resolution
This Agreement shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal laws, and the laws of the State of Utah in the United States, without regard to its choice of law provisions.
Any dispute or claim relating in any way to your use of the Site, or to any products or services sold or distributed by Domestic CBD or through the Site will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights under this contract. The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our agent for service of process. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
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WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. We each agree that any arbitrator hearing a claim may not: (i) combine more than one individual’s claim or claims into a single case; (ii) order, require, participate in or facilitate production of class-wide contact information or notification of others of potential claims; or (iii) arbitrate any form of a class, collective, or representative proceeding. If for any reason a claim proceeds in court rather than in arbitration WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
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Severability; Interpretation
If any provision of this Agreement is deemed illegal or unenforceable, the remainder of this Agreement shall continue to be fully valid, binding, and enforceable. When used in this Agreement, the term “including” shall be deemed to be followed by the words “without limitation.”
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Prohibited
By agreeing to the terms of conditions herein, the purchaser of products from DomesticCBD.com agrees as follows:
All products purchased are for personal consumption only, and may not be used for any other prohibited purpose without the express written consent of Domestic CBD. Prohibited purposes shall include without limitation, purchase for resale of products to wholesalers or retail customers; purchase for testing, screening, or analysis, for the purpose of reverse engineering or acquisition of Domestic CBD's proprietary information; purchase for the purpose of evaluating, offering or terminating credit or merchant processing services that are being provided to DomesticCBD.com by purchaser, its client, employee, or associate.
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Purchaser expressly agrees that violation of this policy will cause DomesticCBD.com to incur costs and expenses not contemplated under the terms of purchaser’s transaction. Those include without limitation bank fees, finance charges, attorney fees, accounting expenses, administrative costs, and lost revenue. Therefore Purchaser agree to pay DomesticCBD.com liquidated damages in the amount of $100,000 per occurrence for any violation of the use policy. Purchaser and DomesticCBD.com agree that this represents a reasonable estimate of costs and expenses incurred by DomesticCBD.com from Purchaser’s violation of the use policy, and is fair compensation to DomesticCBD.com for its losses caused by Purchaser’s violation of the use policy. Acceptance of liquidated damages shall not constitute a waiver of Purchaser’s default with respect to such nonpayment by Purchaser nor prevent DomesticCBD.com from exercising any other rights and remedies available by law.
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Entire Agreement
This Agreement constitutes the entire and only Agreement between Domestic CBD and each user of this Site with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.
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Miscellaneous
The failure of Domestic CBD to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
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Privacy
Your use of DomesticCBD.com is subject to Domestic CBD's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
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Electronic Communications
Visiting DomesticCBD.com or sending emails to Domestic CBD constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
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Your account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Domestic CBD is not responsible for third party access to your account that results from theft or misappropriation of your account. Domestic CBD and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Domestic CBD does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use DomesticCBD.com only with permission of a parent or guardian.
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Links to third party sites/Third party services
DomesticCBD.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Domestic CBD is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Domestic CBD is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Domestic CBD of the site or any association with its operators.
Certain services made available via DomesticCBD.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the DomesticCBD.com domain, you hereby acknowledge and consent that Domestic CBD may share such information and data with any third party with whom Domestic CBD has a contractual relationship to provide the requested product, service or functionality on behalf of DomesticCBD.com users and customers.
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No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use DomesticCBD.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Domestic CBD that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Domestic CBD or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Domestic CBD content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Domestic CBD and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Domestic CBD or our licensors except as expressly authorized by these Terms.
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Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations. Domestic CBD has no obligation to monitor the Communication Services. However, Domestic CBD reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Domestic CBD reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Domestic CBD reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Domestic CBD's sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Domestic CBD does not control or endorse the content, messages or information found in any Communication Service and, therefore, Domestic CBD specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Domestic CBD spokespersons, and their views do not necessarily reflect those of Domestic CBD. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials provided to DomesticCBD.com or posted on any Domestic CBD web page
Domestic CBD does not claim ownership of the materials you provide to DomesticCBD.com (including feedback and suggestions) or post, upload, input or submit to any Domestic CBD Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Domestic CBD, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
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No compensation will be paid with respect to the use of your Submission, as provided herein. Domestic CBD is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Domestic CBD's sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
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Third Party Accounts
You will be able to connect your Domestic CBD account to third party accounts. By connecting your Domestic CBD account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
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The Service is controlled, operated and administered by Domestic CBD from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Domestic CBD Content accessed through DomesticCBD.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
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Indemnification
You agree to indemnify, defend and hold harmless Domestic CBD, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Domestic CBD reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Domestic CBD in asserting any available defenses.
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Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Domestic CBD AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. Domestic CBD AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Domestic CBD AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Domestic CBD AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Domestic CBD OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
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Termination/access restriction
Domestic CBD reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Utah and you hereby consent to the exclusive jurisdiction and venue of courts in Utah in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Domestic CBD as a result of this agreement or use of the Site. Domestic CBD performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Domestic CBD right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Domestic CBD with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Domestic CBD with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Domestic CBD with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
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Changes to Terms
Domestic CBD reserves the right, in its sole discretion, to change the Terms under which DomesticCBD.com is offered. The most current version of the Terms will supersede all previous versions. Domestic CBD encourages you to periodically review the Terms to stay informed of our updates.