Terms of Service
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Cruz Hemp, acceptance is expressly limited to these terms. Your CruzHemp.com Account and Website.
- Subject to your compliance with this Agreement, and your payment of any applicable fees or purchase monies, Cruz Hemp or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Website. This license does not include any resale or commercial use of the Website, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in this Agreement are reserved and retained by Cruz Hemp or its licensors, suppliers, publishers, rightsholders, or other content providers.
- The Website, nor any part of the Website, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Cruz Hemp. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Cruz Hemp without express written consent. You may not use any meta tags or any other “hidden text” utilizing Cruz Hemp’s name or trademarks without the express written consent of Cruz Hemp. You may not misuse the Website. You may use the Website only as permitted by law. The licenses granted by Cruz Hemp will terminate if you do not comply with the terms and conditions of this Agreement.
- You may need your own account to use certain aspects of the Website, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Cruz Hemp sells products to adults over the age of 18 only, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Website only with involvement of a parent or guardian. Cruz Hemp reserves the right to refuse service, terminate accounts, terminate your rights to use the Website, remove or edit content, or cancel orders in its sole discretion.
1. Responsibility of Contributors
- If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. You will indemnify Cruz Hemp for all claims that result from Content that you supply. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying, and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive Content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Cruz Hemp or otherwise.
- By submitting Content to Cruz Hemp for inclusion on the Website, you grant Cruz Hemp a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Cruz Hemp and sublicensees the right to use the name that you submit in connection with such content, if they choose. If you delete Content, Cruz Hemp will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
- Without limiting any representations or warranties, Cruz Hemp has the right (though not the obligation) to, in Cruz Hemp’s sole discretion (i) refuse or remove any content that, in Cruz Hemp’s reasonable opinion, violates any Cruz Hemp policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Cruz Hemp’ sole discretion. Cruz Hemp will have no obligation to provide a refund of any amounts previously paid.
2. Payment and Renewal
- General Terms.
By selecting a product or service, you agree to pay Cruz Hemp the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a recurring basis beginning on the day you sign up for a subscription.
- Automatic Renewal.
Unless you notify Cruz Hemp before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you.
- Third-Party Products and Services.
- We may sell products or services from third parties on the Website. In addition, we may provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Cruz Hemp. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their websites). Cruz Hemp does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Responsibility of Website Visitors. Cruz Hemp has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Cruz Hemp does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Cruz Hemp disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
4. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which cruzhemp.com links, and that link to cruzhemp.com. Cruz Hemp does not have any control over those non-Cruz Hemp websites and webpages, and is not responsible for their contents or their use. By linking to a non-Cruz Hemp website or webpage, Cruz Hemp does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Cruz Hemp disclaims any responsibility for any harm resulting from your use of non-Cruz Hemp websites and webpages.
5. Copyright Infringement and DMCA Policy
As Cruz Hemp asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by cruzhemp.com violates your copyright, you are encouraged to notify Cruz Hemp in accordance with Cruz Hemp’ Digital Millennium Copyright Act (“DMCA”) Policy by sending notice to [email protected] Cruz Hemp will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Cruz Hemp will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Cruz Hemp or others. In the case of such termination, Cruz Hemp will have no obligation to provide a refund of any amounts previously paid to Cruz Hemp.
6. Intellectual Property
This Agreement does not transfer from Cruz Hemp to you any Cruz Hemp or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Cruz Hemp. Cruz Hemp, cruzhemp.com, the cruzhemp.com logo, and all other trademarks, service marks, graphics and logos used in connection with Cruz Hemp or the Website are trademarks or registered trademarks of Cruz Hemp or Cruz Hemp’ licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Cruz Hemp or third-party trademarks.
Cruz Hemp reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Cruz Hemp may also, in the future, offer new products and/or services through the Website. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Cruz Hemp may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your cruzhemp.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, you can only terminate a subscription service in accordance with Cruz Hemp’s published Subscription policy. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
9. Disclaimer of Warranties
- THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY CRUZ HEMP ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CRUZ HEMP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE OR PRODUCTS SOLD ON THE WEBSITE IS AT YOUR SOLE RISK. YOU EXPRESSLY AGREE THAT IT IS YOUR RESPONSIBILITY PRIOR TO USE OF ANY PRODUCTS PURCHASED ON THE WEBSITE, TO PERFORM YOUR OWN DUE DILIGENCE TO VERIFY THAT THE PRODUCTS MEET YOUR QUALITY REQUIREMENTS AND ARE APPROPRIATE FOR THE USE TO WHICH THE PRODUCTS WILL BE PUT.
- TO THE FULLEST EXTENT NOT PROHIBITED BY LAW, CRUZ HEMP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CRUZ HEMP DOES NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, CRUZ HEMP’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM CRUZ HEMP OR THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT NOT PROHIBITED BY LAW, CRUZ HEMP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
10. Limitation of Liability
In no event will Cruz Hemp, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the monies paid by you to Cruz Hemp under this agreement during the six(6) months period prior to the cause of action. Cruz Hemp shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
11. General Representation and Warranty
You agree to indemnify and hold Cruz Hemp, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Cruz Hemp by any third party due to or arising out of or in connection with your use of the Website or any product or service made available through the Website.
13. Copyrights and Trademarks
All content included in or made available through the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Cruz Hemp or its suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through the Website is the exclusive property of Cruz Hemp, and its owners, and protected by U.S. and international copyright laws.
All graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Website are trademarks or trade dress of Cruz Hemp in the U.S. and other countries. Cruz Hemps’s trademarks and trade dress may not be used in connection with any product or service that is not Cruz Hemp’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Cruz Hemp. All other trademarks not owned by Cruz Hemp that appear in the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Cruz Hemp.
- If any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of this Agreement, so that this Agreement shall remain in full force and effect.
- This Agreement constitutes the entire agreement between you and Cruz Hemp with regard to your use of the Website and purchase and use of products through the Website, and any and all other written or oral agreements or understandings previously existing between you and Cruz Hemp with respect to such use are hereby superseded and cancelled.
- This Agreement may only be modified by a written amendment signed by an authorized officer of Cruz Hemp, or by the posting by Cruz Hemp of a revised version on the Website. Cruz Hemp’s failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by Cruz Hemp of any provision or any right it has to enforce this Agreement, nor shall any course of conduct between Cruz Hemp and you or any other party be deemed to modify any provision of this Agreement. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties.
- You may not assign your rights under this Agreement without Cruz Hemp’s prior written consent. Cruz Hemp may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
- By using the Website, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Cruz Hemp. The proper venue for any disputes arising out of or relating to this Agreement will be the state courts located in Santa Cruz County, California and the Federal Courts located in Santa Clara County, California.
- Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute or claim relating in any way to your use of the Website, or your purchase and/or use of any products or services sold or distributed by Cruz Hemp will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent of record. 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. The arbitration shall take place in Santa Cruz, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
- 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 also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
- The products manufactured and distributed by Santa Cruz Finest, LLC dba Cruz Hemp are derived from industrial hemp. It is your responsibility to understand cannabinoid levels and other ingredients in the products you are purchasing/using manufactured or distributed by Cruz Hemp and to seek medical advice in the use of Cruz Hemp products. It is your responsibility to understand employment, local, state, and federal laws and regulations regarding use of Cruz Hemp products and to conform your use of Cruz Hemp products to those laws and regulations.