TERMS OF USE

Thank you for visiting The CBD Store and Organics LLC dba The CBD Store and Organics (“CBD Organics,” “we,” “our,” “us”) website (including at: https://www.cbdstoreorganics.com), desktop application, mobile application, or other platforms (collectively, the “Platforms”). CBD Organics values and respects you, and these Terms of Use (the “Terms of Use”) are intended to form the foundation of the governing items with respect to your use of the Platforms. We may update these Terms of Use at any time. Your use of the Platforms signifies your consent to be legally bound by both these Terms of Use, User Safety Policy, and the Privacy Policy. If you do not agree to either the Terms of Use, User Safety Policy, or the Privacy Policy, please refrain from using the Platforms. CBD Organics is committed to complying with all applicable laws and regulations governing the content of the Platforms and services provided by CBD Organics. The Platforms are for U.S. residents only, and for use within the US only. Any use of our website by users outside the US is at the user’s own risk.


NOTICE TO MINORS


You must be at least eighteen (18) years of age to use our Platforms. No one under eighteen (18) years of age may provide any personal information. CBD Organics does not knowingly collect personal information from children under the age of eighteen (18). If you are under eighteen (18) years of age, please do not send any information about yourself to us, or to anyone else through this Site. Personal information includes, but is not limited to, your name, address, telephone number, or email address. If we learn we have collected any personal information from anyone under the age of eighteen (18), we will immediately delete that information, per the requirements of the Children’s Online Privacy Protection Act and any other applicable laws. If you believe we have received information from or about a child under the age of eighteen (18), please contact us at [Robert@cbdstoreorganics.com] with a subject heading Privacy Policy.

 

MEMBER ACCOUNTS


In order to use certain features of the Platforms, you may need to create an account. At any time, CBD Organics has the right and sole discretion to approve any user for an account. CBD Organics may decline to allow anyone an account on the Platforms with or without reason. If the Platforms requires you to create a user account, you are only to use your user account and not the user account of another without their permission. You agree you shall immediately notify CBD Organics of any unauthorized use of your username, password, identification/security code, or any other breach of security whatsoever. In order to safeguard your security, the security of these Platforms, and the user experience of others, you agree to log out of your account at the end of each session on the Platforms. Please remember to exercise particular caution when accessing your account from a public or shared computer so others are not able to view or record your password or other personal information. As you browse these Platforms, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platforms that all the information you provide on the Platforms is current, accurate, and complete.

We reserve the right to disable any user identification/security code, username, or password, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have failed to comply with any provision of the Terms of Use,  Privacy Policy, or any other applicable agreement, law, or regulation.


TERMINATION


CBD Organics reserves the right to terminate your use of the Platforms and/or account at any time for any reason, or for no reason, with or without notice to you. For purposes of explanation and not limitation, most CBD Organics account suspensions and terminations are the result of violations of the Terms of Use. In case of minor violations of these rules, CBD Organics may provide you with a prior warning and/or suspend your use of the CBD Organics account due to your non-compliance prior to terminating the Agreement or modifying or deleting an CBD Organics account. You may terminate your use of the Platforms and/or account by ceasing your access of the Platforms and/or closing your account.


MOBILE APPLICATIONS


In connection with the Platforms, we may offer mobile applications for public consumption and/or download (the “Apps”). Please note, Apple, Inc. and Google, Inc. or any other third party provider for the Apps may have separate Terms of Use, which must be followed. You should always read and understand the policies of any third-party provider before making any purchase or downloading any of the Apps.


PAYMENT TRANSACTIONS


If you wish to purchase any product or service made available through the Platforms (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your name, credit card number, the expiration date of your credit card, bank account information, your billing address, insurance options, and your shipping information/options. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any Transaction. By submitting such information, you expressly grant to CBD Organics the right to provide such information to third parties, such as our payment processing service provider (currently, Elavon (See: https://www.elavon.com/index.html)), for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.


All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Platforms are subject to change at any time without notice. Certain information and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Platforms does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any product or service purchased from the Platforms. By registering as a user and/or purchasing any products or services on the Platforms, you represent that the products or services ordered will be used only in a lawful manner.

 

CBD Organics reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any discount, introductory offer, coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree that by placing an order on the Platforms, you are entering into a binding contract with CBD Organics and agree to pay all charges that may be incurred by you or on your behalf hrough the Platforms, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.


MEDICAL INFORMATION DISCLAIMER


You should not use the products or services on the Platforms for or as a substitute for medical advice, diagnosis, or treatment of any health issue, for prescription of any medication, or other treatment. You should always consult with your physician or other qualified healthcare professional, and carefully read all product information, product label, and/or packaging before using any medication or nutritional, herbal or homeopathic product or before adopting any treatment for a health problem, or any diet or lifestyle change. You should also consult with your physician or other qualified healthcare professional regarding any interactions between any medications and/or nutritional supplements you are currently taking and our products. If you are pregnant, or think you may be pregnant, consult your physician or other qualified healthcare professional before using any products sold on the Platforms.


CBD Organics does not sell or distribute any products that are in violation of the United States Controlled Substance Act. We are selling our products as containing cannabidiol. These products have not been evaluated by the Food and Drug Administration (FDA). We are committed to complete compliance with FDA regulations and as such, because these products have not been evaluated by the FDA, we make no claims as to any extra benefits for products containing cannabidiol (CBD). If you have questions about any of our products, please contact our customer service team at prior to purchase. 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.


CBD Organics makes no warranty or representation regarding how the use of CBD Organics will affect or alter the results of any drug test, and CBD Organics 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. All full spectrum hemp products can contain trace amounts naturally occurring THC the same way poppy seeds can contain trace amounts of opiates. While it is highly unlikely to cause the failure of a drug test since hemp THC content is so low, it is not impossible. Please use caution when using any type of hemp product.

 

INTELLECTUAL PROPERTY OWNERSHIP


Unless otherwise noted, all content on the Platforms, including any names, logos, trademarks, service marks, brand identifiers, copyrights, trade dress, or other intellectual property appearing on the Platforms, including the organization, compilation, look and feel, illustrations, graphics, artworks, videos, music, software, and other works of the Platforms (the “Works”) are owned by CBD Organics, or used with permission of the third party (the “Owners”), and are protected under copyright, trademark, and other intellectual property and proprietary rights laws. All rights, title, and interest to the Works remain with CBD Organics and/or the Owners. Nothing herein shall be interpreted to grant you a license to use any of the Works without the permission of CBD Organics and/or the Owners.


OPTIONAL THIRD-PARTY TOOLS


We may provide you with access to third-party tools, which we neither monitor nor wield any
control or input. You acknowledge and agree that we provide access to such tools on an “as is”
and “as available” basis without any warranties, representations, or conditions of any kind, and
without any endorsement. You also acknowledge and agree that CBD Organics does not have
any liability whatsoever arising from or relating to your use of optional third-party tools. Any
use by you of optional tools offered through the Platforms is entirely at your own risk and
discretion and you should ensure that you are familiar with and approve of the terms on which
tools are provided by the relevant third-party provider(s). We may also, in the future, offer new
services and/or features through the Platforms (including, the release of new tools and
resources), and such new features and/or services shall also be subject to these Terms of Use.

 

CONTENT FROM THIRD PARTIES


Any and all content from third parties is for informational purposes only and CBD Organics does
not verify the accuracy or truthfulness of any material. Specifically, CBD Organics does not
independently verify information related to the third-parties’ content located on the Platforms,
and whether such content is in compliance with all applicable laws, or any other information
relating to the third-party content.


CBD Organics does not independently verify the accuracy or truthfulness with respect to the
operation of any of the locations identified in the Platforms, including the hours of operation,
availability of certain products/services, or otherwise.


CONTENT POSTED BY USERS


Any and all content posted by you to the Platforms, to CBD Organics’ social media pages,
mobile application and mobile store pages, or any other area to which you may have access to or
the ability to enter, upload, and/or post content, must comply with these Terms of Use, the
Privacy Policy, any other agreement controlling your relationship with CBD Organics, and any
applicable federal, local, or state laws and regulations.


By using the Platforms, you are agreeing to these Terms of Use, and warrant that: (i) you have
obtained the necessary permissions of any and all third parties for any content posted by you; (ii)
to the best of your knowledge, any and all content posted by you is truthful and accurate, and not
misleading in any manner; and (iii) you are not violating any law, regulation, code, or otherwise
in your posting of the content, including intellectual property, right of privacy, and defamation.
You further agree to indemnify, defend, and hold harmless CBD Organics from any and all
liability, claim, cause of action, loss, or damages resulting from content you post to the

Platforms, to CBD Organics’ social media pages, mobile application and mobile store pages, or
any other area to which you may have access to or the ability to post content.


You hereby grant an irrevocable, fully prepaid, perpetual license to CBD Organics to use
anything posted by you to the Platforms.


RESTRICTIONS ON USE


You are permitted to use the Works and/or any services and products on the Platforms for lawful
purposes as provided in these Terms of Use; any other use or misuse of any of the Works is
strictly prohibited. In particular, you are prohibited from using the Platforms or its contents (a)
for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c)
to violate any international, federal, provincial or state regulations, rules, laws, or local
ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual
property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage,
intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age,
national origin, or disability; (f) to submit false or misleading information; (g) to upload or
transmit viruses or any other type of malicious code that will or may be used in any way that will
affect the functionality or operation of the Platforms or of any related website, other websites, or
the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm,
pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with
or circumvent the security features of the Platforms or any related website, other websites, or the
Internet. CBD Organics grants you a non-exclusive, limited, personal, non-transferable,
revocable license to access and use the Works, without right to sub-license, under the following
conditions: you shall not, without CBD Organics’ express written consent: (i) copy, re-transmit,
modify, disseminate, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute
the Works, or modify or re-use all or any part of the Works; (ii) use any trade name, trademark,
or brand name of CBD Organics in metatags, keywords, and/or hidden text; (iii) create derivative
works from the Works or commercially exploit the Works, in whole or in part, in any way; and
(iv) use the Platforms, the Works, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution, or statement as to CBD Organics, the Owners, or any third party referenced therein. CBD Organics reserves all other rights.


You shall not alter, remove, or obscure any copyright notice, digital watermarks, trademark
notices, proprietary legends, or any other notice included in the Works. Except as expressly
provided herein, nothing on the Platforms shall be construed as granting or conferring any

license under CBD Organics’ and/or the Owners’ intellectual property rights, whether by estoppel, implication, or otherwise. Notwithstanding anything herein to the contrary, CBD Organics may revoke any of the foregoing rights and/or your access to the Platforms, or any part
thereof, including blocking your IP address, at any time without prior notice.


SOCIAL MEDIA AND LINKED SITES


From time to time, the Platforms may include features and functionality that allow you to interact
with other sites that are not under our control (“Linked Site”), including various social media
pages (“Social Media Site”). CBD Organics provides these features, functionality, and links to
you as a convenience and does not endorse any Linked Site or Social Media Site. CBD Organics
is not responsible for the contents or transmission of any Linked Site or Social Media Site, or for

the terms of use or privacy policy, of any Linked Site or Social Media Site. You should carefully
read the policies for the sites you visit. Under no circumstances are you authorized to make any
claim regarding CBD Organics or any of its products on any Social Media Site regardless of any
material connection you may have with CBD Organics or your receipt of any consideration. If
you make any claim regarding CBD Organics or any of CBD Organics’ products or services on a
Social Media Site in violation of the foregoing, you, and not CBD Organics, shall be solely
responsible and liable therefor.


NO SOLICITATION, OFFER, OR ADVICE


Advertising and related information on the Platforms is not intended to constitute an offer to sell
or a solicitation or recommendation of any particular product or service by CBD Organics.

 

SUBMITTED IDEAS


Any ideas, comments, suggestions, notes, drawings, concepts, or other such information
submitted to CBD Organics, whether through the Platforms or by other means, shall be deemed
to be non-confidential and non-proprietary. CBD Organics does not owe you any confidentiality
or nondisclosure obligations, whether express or implied. CBD Organics shall be entitled to
unrestricted use of the idea, comment, suggestion, note, drawing, concept, or other information
for any purpose whatsoever, commercial or otherwise, without compensation to you.

 

COMMUNITY GUIDELINES


The Platforms, Linked Sites, and Social Media Sites may include the ability to post comments or
otherwise engage in communications with third parties through bulletin boards, chat rooms,
blogs, comment sections, or other community forums (the “Community Forums”).

The following governs the use of the Community Forums: CBD Organics will monitor the Community Forums on a regular basis for any violations of these Terms of Use, violation of the Privacy Policy, or any illegal content.

CBD Organics will not act as an arbiter for any dispute or disagreement between users
and shall have no liability to you for any content posted in the Community Forums and is
under no obligation to edit or modify information available in the Community Forums.
CBD Organics reserves the right, in its sole and complete discretion, to refuse to post, or
remove, any material submitted to the Community Forums.


You acknowledge and agree that CBD Organics may store any material posted to the
Community Forums. You further acknowledge and agree that CBD Organics may use
material posted by you in the Community Forums for any purpose whatsoever, including
but not limited to incorporating the submission into content that may be commercial in
nature.


Prohibited Materials – you are expressly prohibited from submitting any of the following:
Any submissions that disparages competitive products, is unlawful, libelous, defamatory,
obscene, pornographic, indecent, lewd, racially offensive, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable.


Any submission that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including without limitation, material that depicts child pornography, acts of violence, drug use, or would violate the regulations of the U.S. Securities and Exchange Commission, or any rules of a securities exchange. Any submission that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary rights of any party.


Any submission that impersonates any person or entity, or otherwise misrepresents your
affiliation with a person or entity. Unsolicited promotions, political campaigns, advertising,

or solicitations. Private information of any third party, including without limitation, addresses, phone numbers, email addresses, social security numbers, credit card numbers, or any other
similar piece of information.


Viruses, spyware, Trojans, corrupted data, or any other harmful, disruptive, or destructive
files. Any other submission that, in CBD Organics’ sole and complete discretion, is inappropriate or objectionable, or which restricts or inhibits any other person from using or enjoying the Platforms, or which may expose CBD Organics or its users to any harm or liability of any type.


NO ARCHIVE


The Platforms are not and shall not function as an archive. CBD Organics shall have no liability
to you or any other person for loss, damage, or destruction to any submission. You shall be
solely responsible for maintaining independent archival and backup copies of any submission.

 

INDEMNIFICATION


You agree to indemnify and hold harmless CBD Organics and its officers, directors, employees,
agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions,
costs, damages, penalties, fines and expenses, including without limitation, attorneys’ fees and
expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting
from (a) your user content; (b) your misuse of the Platforms; (c) your violation of this Agreement; or (d) your violation of any applicable laws, rules or regulations through or related to
the use of the Platforms. In the event of any claim, allegation, suit or proceeding alleging any
matter potentially covered by the agreements in this section, you agree to pay for the defense of
the Indemnified Party, including reasonable costs and attorneys’ fees incurred by the
Indemnified Party. CBD Organics 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 CBD Organics in asserting any available defenses. This provision
does not require you to indemnify any Indemnified Party for any unconscionable commercial
practice by such party, or for such party’s negligence, fraud, deception, false promise,
misrepresentation or concealment, suppression or omission of any material fact in connection
with the Platforms. You agree that the provisions in this section will survive any termination of
your account, this Agreement, or your access to the Platforms.


DISCLAIMERS


THE PLATFORMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE PLATFORMS IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORMS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CBD ORGANICS, OR THROUGH THE PLATFORMS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITATION THE FOREGOING, CBD ORGANICS, ITS PROCESSORS, ITS PROVIDERS, ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENT, DIRECTORS, AND EMPLOYEES) DO NOT WARRANT THAT THE PLATFORMS ARE ACCURATE, RELIABLE OR CORRECT;
THAT THE PLATFORMS WILL MEET YOUR REQUIREMENTS; THAT THE PLATFORMS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE PLATFORMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORMS ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH
DOWNLOAD.


LIMITATION OF LIABILITY


IN NO EVENT SHALL CBD ORGANICS, ITS PROCESSORS, ITS SUPPLIERS, OR ITS LICENSORS, OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT
LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER
INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR
UNAVAILABILITY OF THE PLATFORMS. UNDER NO CIRCUMSTANCES WILL CBD
ORGANICS BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING
FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF
PLATFORMS OR YOUR CBD ORGANICS ACCOUNT, OR THE INFORMATION
CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, CBD ORGANICS, ITS PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS
(AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES)
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF THE PLATFORMS; (II) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO
OR USE OF THE PLATFORMS; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED
THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR
FROM THE PLATFORMS; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
THAT MAY BE TRANSMITTED TO OR THROUGH THE PLATFORMS BY ANY THIRD
PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA OR FOR ANY LOSS OR
DAMAGE INCURRED AS A RESULT OF THE USE OF ANY DATA POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE PLATFORMS IN
NO EVENT SHALL THE AGGREGATE LIABILITY ARISING IN CONNECTION WITH THIS AGREEMENT EXCEED USD $100. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CBD ORGANICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS ANY
LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION
WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO
MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW.


NO FRAMINING OR LINKING


Framing, in-line linking, or other methods of association with the Platforms are expressly
prohibited without prior written approval from CBD Organics.


INTERNATIONAL USERS


The Platforms are hosted in the United States. If you are attempting to access the Platforms from
a physical location within the European Union, Asia or any other region with laws or regulations
governing data collection, use, and disclosure that differ from the United States, please be
advised that your use of the Platforms is governed by United States law, this Privacy Policy, and
the Terms of Use, and any other applicable agreement. If you provide Personal Information
through the Platforms you are transferring your Personal Information to the United States and
you consent to: such transfer; the application of the laws of the United States and the State of
California with respect to any dispute arising from or related to the Privacy Policy and/or your
use of the Platforms; exclusive jurisdiction of the courts of the State of California.


CHOICE OF LAW, VENUE, AND DISPUTES


The laws of the State of California shall govern these Terms of Use without regard to conflict of
laws provisions. Any dispute relating in any way to your visit to, or use of, the Platforms, to the services/products you purchase through the Platforms, or to your relationship to CBD Organics shall be submitted to confidential arbitration in Orange County, California; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California. You hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California.


Arbitration under these Terms of Use will be conducted and administered by the JAMS, Inc.
(“JAMS”), pursuant to its Arbitration Rules & Procedures (the “JAMS Rules”). The arbitrator shall have the power to decide any motions brought by any party to the arbitration, including motions for summary judgment and/or adjudication, motions to dismiss and demurrers, and motions for class certification, prior to any arbitration hearing. The arbitrator shall have the power to award any remedies available under applicable law, and the arbitrator shall award attorneys’ fees and costs to the prevailing party, except as prohibited by law. You agree that the arbitrator shall administer and conduct any arbitration in accordance with California law, including the California Code of Civil Procedure and the California Evidence Code, and that the arbitrator shall apply substantive and procedural California law to any dispute or claim, without reference to the rules of conflict of law. To the extent that the JAMS Rules conflict with California law, California law shall take precedence. The decision of the arbitrator shall be in writing, and the arbitrator’s award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use will be joined to an arbitration involving any other party subject to these Terms of Use, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Platforms or these Terms of Use must be filed within one (1) year after such claim of action arose or be forever banned.


YOU AND CBD ORGANICS AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and CBD Organics agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.


ABILITY TO ACCEPT TERMS OF USE


You affirm that you are more than the legal age in the territory in which you reside, and are fully
able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with the Terms of Use.


CHANGES AND UPDATES


We may make changes to this Agreement and to the Platforms from time to time. We may do
this for a variety of reasons including to reflect changes in or requirements of the law, new
features, or changes in business practices. The most recent version of this Agreement will be
posted on the Service at https://www.cbdstoreorganics.com/, and you should regularly check

for the most recent version. The most recent version is the version that applies. If the changes
include material changes that affect your rights or obligations, we will notify you in advance of
the changes by reasonable means, which could include notification through the Service or via

e-mail. If you continue to use the Service after the changes become effective, then you agree to

the revised Agreement. You agree that this Agreement shall supersede any prior agreements

(except as specifically stated herein), and shall govern your entire relationship with CBD Organics, including but not limited to events, agreements, and conduct preceding your

acceptance of this Agreement. If you disagree with the terms of these Terms of Use at any time, your sole remedy is to terminate your use of the Platforms and inform us of such termination.


MISCELLANEOUS


If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to
applicable law, then it shall be construed in a manner which is valid and enforceable that is

closest to the intentions set forth herein. The remainder of the Terms of Use shall remain in

full force and effect.


Thank you for visiting our Platforms.
Updated: March 1, 2019