Terms of Service
Last Updated: August 31, 2020
General; Acceptance of Terms of Service
OaklandExtracts.com is operated by Ametrine Wellness, Inc. These terms of service are entered into by and between you and Ammonite, Inc. (”Company”, “we”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms of Service”), govern your access to and use of OaklandExtracts.com, including any content, functionality, and services offered on or through the website (the “Website”).
Note that the Dispute Resolution section of this Terms of Service containS important terms regarding your legal rights and remedies, including a mutual arbitration agreement and a class action waiver. Please read that section closely. By accessing the Website and entering into these Terms of Service, you expressly acknowledge that you have read and understand these and all other terms of this Agreement.
Age & Location Restriction
This Website is offered and available to users who 21 years of age or older and reside in the United States or any of its territories or possessions. By using our Website, you represent and warrant that you meet all of these eligibility requirements. If you do not meet all of these requirements, you must not access or use our Website.
Federal & State Laws
While industrial hemp is not a prohibited controlled substance under Federal law, many states regulate and restrict industrial hemp activity. You acknowledge and agree that the use, possession, transportation, distribution, sale or any other activity involving industrial hemp or its derivative products is illegal in the state you are located unless participants act within the limits and restrictions placed upon such activity under the state’s laws and regulations.
The products advertised on this Website are only available to users in certain states, which are determined by the Company in our sole discretion. The Company reserves the right to change which states it will ship to at any time.
Product Information; Not Medical Advice
You acknowledge and agree that statements or information regarding industrial hemp or its derivative products available on the Website (the “Products”) have not been evaluated by the U.S. Food and Drug Administration (“FDA”). The Products are not intended to diagnose, treat, cure, mitigate, or prevent any disease or other medical condition. The Products and the ingredients found therein have not be reviewed or approved by the FDA. Information available on the website is not a substitute for professional medical advice. Please consult with a medical doctor for information regarding the health or medical effects of the Products.
You agree that you will use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or which may harm the Company or users of the Website or expose them to liability
- To transmit, upload, post, knowingly receive, download, use, or re-use any information, content, or material that is unlawful, offensive, defamatory, harmful to minors, harassing, threatening, abusive, pornographic, violent, invasive to privacy, or otherwise unlawful or offensive
- To transmit, or procure the sending of, any advertising or promotional material
- Link directly or indirectly to any third-party websites
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any person
- To infringe in any way upon the Company or a third party’s intellectual property, rights of publicity or privacy, or other proprietary rights
- In any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website
- Use any device, software, or routine that interferes with the proper working of the Website
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website
- Otherwise attempt to interfere with the proper working of the Website
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Service permit you to use the Website for your personal use only. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the material on our Website except as expressly authorized in this Terms of Service.
No right, title, or interest in or to the Website or any content on the Website is transferred or licensed to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
Any trademarks, services marks, logos, product names, service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners. No right or license to use any Company, licensor, affiliate or third-party mark is granted to you by your use or access to the Website or purchase of any products or services thereon.
Any information, content, or material that you may post, display, upload, or transmit on or through the Website (“User Content”) must comply with the restrictions found in these Terms of Service. By providing User Content on or through the Website, you grant the Company and our affiliates and third-party service providers an irrevocable, non-exclusive, transferable license and right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that (i) you own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers and, (ii) all of your User Content does and will comply with these Terms of Service. You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Website.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE WEBSITE OR THE PRODUCTS AND SERVICES PROVIDED THEREON.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL APPLY TO THE FULLEST EXTENT PROVIDED BY LAW AND DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Dispute Resolution & Class Action Waiver
You and the Company agree that any claims, disputes or controversies arising out of, or relating to, these Terms of Service or the Website will be resolved by binding arbitration. Notwithstanding the above, you and the Company agree that nothing in this Dispute Resolution section waives, precludes, or otherwise limits either party’s rights to (1) bring an individual action in small claims court, or (2) bring an individual action in a state or federal courts located in San Francisco, California, to seek injunctive or other equitable relief to prevent actual or threatened infringement or other violation of a party’s trademarks, trade secrets, copyrights, patents or other intellectual property rights. Further, while the Website is offered for users located in the United States, nothing herein shall preclude the Company from bringing legal action against a user for breach of these Terms of Service in another relevant country.
You and the Company acknowledge and agree that you are each waiving the right to trial by jury. You and the Company acknowledge and agree that each may bring claims against the other only in their individual capacity and not as a plaintiff or member of a class in any class action or representative proceeding.
Arbitrations will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA Consumer Arbitration Rules (the “AAA Rules”) then in effect. The location of the arbitration shall be San Francisco, California, unless otherwise mandated by AAA Rules. Interpretation and enforcement of this section is governed by the Federal Arbitration Act.
If the agreement to arbitrate found in this section is invalidated in whole or in part for any reason, the parties agree that any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City and County of San Francisco. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Website, including, but not limited to, your posting, display or transmission of any content or materials on or through the site, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Website.
No waiver by the Company of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Except where expressly stated otherwise, all matters relating to the Website and these Terms of Service and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with laws of the State of California without giving effect to any choice or conflict of law provision or rule.
Changes to the Terms of Service
From time to time, we may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes, so please check this page often to be of any changes.