TERMS AND CONDITIONS OF ONLINE SALE

This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you.  Please read it carefully.

 

AGE RESTRICTIONS ON ACCESS AND PUTCHASED

 You must be at least 18 years old to access this site. If you are under 18 years old you are not permitted to use this site for any reason. You must be of legal age required by the state or province you are in to purchase our products. It is your responsibility to know whether you are legally able to purchase our products.

By placing an order for products from this website, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these terms and conditions.  

You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these terms and conditions.

You may not order or obtain products or services from this website if you

(a) do not agree to these terms,

(b) are not at least 18 years of age,

(c) are not the legal age to form a binding contract with giving earth nutraceuticals, llc, or

(d) are prohibited from accessing or using this website or any of this website’s contents, goods or services by applicable law.

These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through givingearthcbd.com (the “Site”).  These Terms are subject to change by Giving Earth Nutraceuticals, LLC, an Ohio limited liability company (referred to as “us”, “we”, “our”, or “GEN” as the context may require) without prior written notice at any time, in our sole discretion.  The Giving Earth Nutraceuticals initials are GEN, and may occasionally be referred to as GEN.  Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site.  You should review these Terms prior to purchasing any product or services that are available through this Site.  Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site.  You should also carefully review our Privacy Policy before placing an order for products or services through this Site.

 

USE OF THIS SITE

 This Site is expressly owned and operated by Giving Earth Nutraceuticals. This Site and its Content are intended solely for your personal, noncommercial use. Any use of this Site or its Content other than for personal, noncommercial purposes is prohibited. Content may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. You may not modify this Site or any part of this Site, including any Content, in any way, or copy, reproduce, republish, upload, post, encode, translate, transmit, publicly display, perform, distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You may download or electronically copy and print any of the Content displayed on this Site for your personal, noncommercial use. If you download, copy or forward via e-mail any part of the Content, no right, title or interest in those materials is transferred to you. All worldwide rights are reserved.

 

CONTENT AND INTELLECTUAL PROPERTY

You shall not infringe on Giving Earth Nutraceuticals Intellectual Property Rights defame, or impersonate GEN.

“Intellectual Property Rights” means all intellectual property rights, including intellectual property rights comprising or relating to: (a) patents; (b) trademarks, service marks and logos; (c) internet domain names registered by any authorized private registrar or Governmental Authority, web addresses, web pages, website and URLs; (d) works of authorship, expressions, designs and design registrations, whether or not copyrightable, including copyrights and copyrightable works, data, data files, and databases and other specifications and documentation; (e) trade secrets; and (f) all rights interests and protections that are associated with, equivalent or similar to, or required for the exercise of, any of the foregoing, however, arising in each case whether registered or unregistered and including all registrations and applications for, and renewals or extensions of, these rights or forms of protection under the Laws of any jurisdiction throughout the world.

Giving Earth Nutraceuticals shall own or license all of the content, materials, and other intellectual property related to GEN Products and the Client Portal to include without limit, all text, graphics, photographs, images, data, video clips, music, audio, software, names, icons, logos, designs, titles, care plans, phrases, trademarks, product names, patents, or copyrighted material, collectively known as Materials. Any copyrighted material, trademarks or trade names trademarked phrases may not be altered in any way. You shall not modify, distort, republish, reproduce, license, transfer, sell, assign, reverse engineer, or create derivative works from, or otherwise exploit any content or information from the Giving Earth Nutraceutical (GEN) website, in whole or in part, without GEN express written permission. 

 

HEALTH RELATED INFORMATION.

Neither the Giving Earth Nutraceuticals (GEN) company nor its representatives are providing any medical advice, and none should be inferred, from any ideas, suggestions, testimonials or other information set forth on this website, associated social media accounts, company marketing materials,  provided over the phone, or in email correspondence. The information contained in this Site is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through this Site (including, but not limited to, information that may be provided on this Site by healthcare or nutrition professionals employed by or contracting with GEN for diagnosing or treating a health problem or disease, or prescribing any medication.

Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use.

All of the information on this website and associated social media accounts, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Giving Earth Nutraceuticals (GEN) does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not or no longer accurate or complete.

 

LINKING AND WEBSITE

For educational or informational purposes, GEN may link to third party websites. These links allow users to leave the Client Portal and land on a third party website.  GEN takes no responsibility for the contents of any third-party website.  By providing access to other websites, GEN is not recommending or supporting any third party, not recommending any product, process, or service sold by a third party, or endorsing or acknowledging any affiliation with any websites’ sponsoring organization. GEN does not expressly or by implication endorse any organization unless otherwise stated in the Client Portal.

Before relying on any information contained on any third party website, you are cautioned to undertake your own independent evaluation of its accuracy, usefulness, timeliness, and protections against potential viruses and other malicious code in downloaded material.

You shall not hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Giving Earth Nutraceutical Site, Service, or its Users’ computers. You shall not use any robot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on the Site.

 

PRIVACY

We respect your privacy and are committed to protecting it.  Our Privacy Policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site. 

 

INAPPROPRIATE MATERIAL

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, morally offensive, pornographic or profane material or any material that could constitute or encourage harassment or a criminal offense or give rise to civil liability, or otherwise violate any law (collectively, “Inappropriate Activities”). In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

 

PRODUCT AVAILABILITY

 All products purchased through our website are subject to product availability.  We may limit the product quantities offered on our website or limit the sales of our products or services to any person, household, or jurisdiction.  

 

ORDER ACCEPTANCE AND CANCELLATION

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order.  All orders must be accepted by us or we will not be obligated to sell the products or services to you.  We reserve the right, in our sole discretion, to refuse or cancel orders for any reason to include but not limited to product availability, price discrepancy, pricing error, frequent returns, or fraud.  In addition, if we believe an order is false or fraudulent, we reserve the right to inform the relevant authorities.

 

ORDER PRICING

Prices for our products are subject to change at Giving Earth Nutraceuticals discretion.  Prices displayed on our website are quoted in U.S. dollars.  Taxes and shipping charges will be applied at checkout. 

All prices, discounts, and promotions posted on this Site are subject to change without notice.  The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.  Price increases will only apply to orders placed after such changes.  Posted prices do not include taxes or charges for shipping and handling.  All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email.  We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability.  We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

 

We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms.  If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

The following terms may be used by us to communicate pricing information:

  1. “Manufacturer’s Suggested Retail Price” references the manufacturer’s suggested retail price.
  2. “Price” references our normal price for a product or service.
  3. “Sale” refers to a reduced price for a product or service.
  4. “Clearance” refers to a reduced price for a product or service that will be discontinued.

 

PAYMENT TERMS

For online orders, we accept all major credit cards. Giving Earth Nutraceuticals uses a third party Payment Processor for certain payment services (e.g. card acceptance, merchant settlement, and related services). By making use of some or all of these payment services available through Giving Earth Nutraceuticals, You agree to be bound by the applicable Payment Processor terms and conditions and privacy policy.

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order.  We accept all major credit cards for all purchases.  You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

If a payment is not successfully settled due to invalid payment method, declined credit, expiration, insufficient funds or otherwise, we reserve the right to cancel your order.  The order will not be deemed accepted until we charge a valid credit card or otherwise accept payment in good funds. Orders are shipped only after receipt of full payment.  For certain payment methods, you may be charged a processing fee, foreign exchange/translation fee (international orders) or other fees; you are solely responsible for the payment of any such fees.  Giving Earth Nutraceuticals is not responsible for any charges, errors or losses that may result from any payment method used by you for the purchase of our products.

 

SHIPMENTS; DELIVERY; TITLE AND RISK OF LOSS

We will arrange for shipment of the products to you.  Please check the individual product page for specific delivery options.  You will pay all shipping and handling charges specified during the ordering process.  Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.

GEN utilizes UPS ground shipping service to serve our customers in the most efficient, economical, and reliable manner.  You can expect your package 7 to 10 business days from placing your order.  Orders to Hawaii and Alaska may take longer. 

Your shipping tracking number will be emailed to you in your order confirmation email.  In order to protect your purchase, orders over a value of $250.00 will require a signature at delivery.

Upon our transfer of the products to the shipping carrier, title and risk of loss pass to you.  Shipping and delivery dates are estimates only and cannot be guaranteed.  We are not liable for any delays in shipments or for non-performance resulting from causes beyond reasonable control, including acts of God or government.

 

RETURNS AND REFUNDS

Except for any products designated on the Site as final sale or non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of delivery with valid proof of purchase and provided such products are returned in their original condition.  To return products, you must call 1(833)873-8332 or email our Returns Department at support@givingearthcbd.com to obtain a Return Merchandise Authorization (”RMA”) number before shipping your product.  No returns of any type will be accepted without an RMA number.

You are responsible for all shipping and handling charges on returned items unless otherwise specified.  You bear the risk of loss during shipment.  We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.

Refunds are processed within approximately 7 to 14 business days of our receipt of your merchandise.  Your refund will be credited back to the same payment method used to make the original purchase on the Site.  We offer no refunds on any products designated on this site as non-returnable.  A limit of one return or exchange per customer.

CBD is known for a unique taste.  That taste is inherent in good quality CBD, and is a natural part of the product, therefore, we do not take returns based on taste.

For defective returns, please refer to the manufacturer’s warranty (see Section 5) included with the product or as detailed in the product’s description on our Site.

 

MANUFACTURER’S WARRANTY AND DISCLAIMERS

We do not manufacture or control any of the products offered on our Site.  All products and services offered on this site are provided “as is” without any warranty whatsoever, including, without limitation, any (a) warranty of merchantability; (b) warranty of fitness for a particular purpose; or (c) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise.

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you.

You affirm that we shall not be liable, under any circumstances, for any breach of warranty claims or for any damages arising out of the manufacturer’s failure to honor its warranty obligations to you.

 

LIMITATION OF LIABILITY

We have been given assurances of product salability, merchantability, and compliance from the manufacturers.  In no event shall we be liable to you or any third party for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, lost profits or revenues or diminution in value, arising out of, or relating to, and/or in connection with any breach of these terms, regardless of:

  1. Whether such damages were foreseeable,
  2. Whether or not we were advised of the possibility of such damages and
  3. The legal or equitable theory (contract, tort or otherwise) upon which the claim is based.

Our sole and entire maximum liability, for any reason, and your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual amount paid by you for the products and services you have ordered through our site.

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage. 

 

INDEMNITY

You agree to indemnify, defend and hold Giving Earth Nutraceuticals (GEN) and our parent company, affiliates and subsidiaries, officers, directors, employees, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, losses, liabilities, demands, penalties, actions, causes of action, suits, obligations and expenses, including damage awards, settlement amounts and reasonable attorneys’ fees, made by any third party due to or arising out of your use of our Site, your connection to our Site, your violation of these Terms and Conditions or the Privacy Policy or your violation of any rights of another party. This indemnity survives termination of these Terms and Conditions.

 

GOVERNING LAW AND JURISDICTION

This Site is operated from the US.  All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Ohio. 

 

DISPUTE RESOLUTION AND BINDING ARBITRATION.

These terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

You and giving earth nutraceuticals, llc are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim.  Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration.

Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to your purchase of products or services through the site, will be resolved exclusively and finally by binding arbitration.

The arbitration will be administered by the American Arbitration Association (”AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 11 (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.)  The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid.  The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity.  Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

We will be responsible for paying any individual consumer’s arbitration fees/If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

You agree to an arbitration on an individual basis. In any dispute, neither you nor giving earth nutraceuticals, llc will be entitled to join or consolidate claims by or against other customers in court or in arbitration or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity.  The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. 

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

 

NO WAIVERS

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.  The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Giving Earth Nutraceuticals, LLC.

 

ASSIGNMENT

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent.  Any purported assignment or delegation in violation of this Section 13 is null and void.  No assignment or delegation relieves you of any of your obligations under these Terms. 

 

NO THIRD-PARTY BENEFICIARIES

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

 

NOTICES TO YOU

We may provide any notice to you under these Terms by:

(i) sending a message to the email address you provide or

(ii) by posting to the Site. 

Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting.  It is your responsibility to keep your email address current. 

 

NOTICES TO US

To give us notice under these Terms, you must contact us as follows:

(i) by email to support@givingearthcbd.com

(ii) by personal delivery, overnight courier, or registered or certified mail to:

Giving Earth Nutraceuticals

P.O. Box 751506

Dayton, Ohio 45475-1506

We may update the facsimile number or address for notices to us by posting a notice on the Site. 

Notices provided by personal delivery will be effective immediately.  Notices provided by overnight courier will be effective one business day after they are sent.  Notices provided by registered or certified mail will be effective three business days after they are sent.

 

SEVERABILITY

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

 

ENTIRE AGREEMENT

Our order confirmation, these Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.