Terms and Conditions
Last updated: December 20, 2019
Thank you for visiting CBDlitica (also referred to as “CBDlitica.com”, “Us”, “Our”, and “We”). By visiting this Site and/or placing your order you agree to all Terms and Conditions outlined below. If you do not agree to all Terms & Conditions, please discontinue the use of this site.
Terms of Use
These terms of use (“agreement” or “terms”) sets forth the legally binding terms for your use of the site and services. Please read the terms and conditions carefully as they contain an agreement to arbitrate and other important information regarding your legal rights, remedies, and obligations. If you do not accept these terms of use, do not use this site.
IMPORTANT DISCLAIMERS
These products are not for use by or sale to persons under the age of 18 (21 in some states). CBDlitica makes no claim or endorsement regarding products being used for health benefit purposes. Information and statements regarding products have not been evaluated by the FDA and are not intended to diagnose, treat, cure, or prevent any disease. Do not use if pregnant or nursing. The health-related information we provide on this Site is for informational purposes only. The efficacy of any of these products has not been confirmed by FDA-approved research. Please consult your doctor about potential interactions or other possible complications before using any product. You should carefully read all product instructions prior to use.
All information contained on the site and services is for informational purposes only. Content posted by CBDlitica on any website, social media channel, third-party content service, or advertisement is for informational purposes only. CBDlitica does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, statement, or other information made on the site or services, including user content and third-party materials. CBDlitica is not responsible for your relationship with any product retailer, supplier, wholesaler, dispensary, retail location, health care provider, any third-party, or other users of the site or services. CBDlitica is not obligated to screen dispensaries, retail locations, health care providers, or their menus to determine whether they are qualified or authorized by law to provide their services or to determine the accuracy of their menus or other information they provide. Do your own due diligence and research regarding any product or service you are interested in to make sure that such is proper and fitting for your needs. You should carefully read all product instructions prior to use.
CBDlitica does not offer medical advice. Any information accessed through the site and services, or within any of CBDlitica’s social media pages or channels is for informational and educational purposes only, is not intended to be a substitute for medical advice, diagnosis, or treatment, and is not intended to cover all possible uses, directions, precautions, or adverse effects. Such information includes without limitation, third party materials, user content, and CBDlitica-generated content derived from user content. The information on the site and services and provided via CBDlitica’s social media pages and channels should not be used for the diagnosis or treatment of any medical condition. Always consult your doctor or other qualified healthcare provider if you have any questions about a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the site, services, or on CBDlitica’s social media pages and channels. If you are having a medical emergency, call 911 or similar emergency line in your own area. As a User, you expressly acknowledge that cbdlitica.com is for residents with laws regulating the lawful use of medical or recreational cannabis and/or CBD and that medical cannabis collectives and patients are established pursuant to their respective local, state, and/or country laws. CBDlitica is not responsible for any legal charges that may come as a result of local or state laws. It is User’s responsibility to determine if any transaction with CBDlitica is in violation of local regulations or laws.
License to use this Site
Subject to the terms of this Agreement, CBDlitica grants you a non-transferable, non-exclusive, license to use the Site and Services for your personal, non-commercial use. Subject to the terms of this Agreement, CBDlitica grants you a non-transferable, non-exclusive, license to install and use the software CBDlitica makes available for mobile devices (“Mobile App”), in executable object code format only, solely on your own handheld mobile device and for your personal, non-commercial use. As used in this Agreement, the term “Services” includes the Mobile App.
Site License Restrictions
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build a similar or competitive service; (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof; and (e) you will not engage in any advertising or solicitation to buy or sell any products or services through the use of the Services and you will not transmit any chain letters, junk or spam email to other users. Additionally, you will not use any information obtained from the Services in order to contact, advertise to, solicit or sell to any user without their prior explicit consent.
In addition, you agree not to use the Site or Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks; (e) attempt to or impersonate another user or CBDlitica or gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site or Services, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Site or Services; or (g) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services.
CBDlitica reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without prior notice to you. You agree that CBDlitica will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof.
Limitation of Liability
To the full extent permitted by applicable laws, in no event shall CBDlitica (including its suppliers) be liable to User or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to this agreement or your use of, or inability to use, the site or services, even if we have been advised of the possibility of such damages. Access to, and use of, the site and services are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data resulting therefrom. Nevertheless anything to the contrary contained herein, CBdlitica’s (and its suppliers’) liability to you for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of (a) fifty US dollars ($50) or (b) amounts you’ve paid CBDlitica in the prior 12 months (if any). The existence of more than one claim will not enlarge this limit. You will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above stated limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction.
Accounts
While CBDlitica does not require a User registration for an account on CBDlitica.com, we may require a creation of an Account in the future in order to use certain features of the Site (e.g., to use the Services) and provide certain information about yourself as prompted by the Site registration form. When you register, you represent and warrant that all required registration information you submit is truthful and accurate and will maintain the accuracy of all your account information. You may not create more than one Account per person. You may delete your CBdlitica Account at any time, for any reason, by contacting us at support@cbdlitica.com. CBDlitica may still suspend or terminate your Account in accordance with the Termination section of terms and Conditions.
You are responsible for maintaining the confidentiality of your CBDLitica Account login information and are fully responsible for all activities that occur under your CBDLitica Account. You agree to immediately notify CBDlitica at abuse@cbdlitica.com of any unauthorized use, or suspected unauthorized use of your Cbdlitica Account or any other breach of security. CBDlitica cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. We recommend that you use a strong password for your account, never use the same password on multiple sites or services and change your password frequently.
Alternatively, we may permit you to login to the Site or Services or otherwise associate your CBdlitica Account with your login credentials from certain social networking sites(“SNS”) such as Facebook. If you log in or otherwise associate your CBdlitica Account with your login credentials from a SNS, we may receive information about you from such SNS, in accordance with the terms and conditions (e.g., terms of use and privacy policy) of the SNS (“SNS Terms”). If you elect to share your information with these SNS, we will share information with them in accordance with your election. The SNS Terms of these SNS will apply to the information we disclose to them.
Site Contents
Unless otherwise noted, the design of the Site, the Site as a whole and all materials that are part of the Site (collectively, "Contents") are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by CBDlitica or its subsidiaries and affiliates. Any use of the Contents without CBDlitica’s written consent is strictly prohibited.
CBDlitica is not responsible if the information on this site is not accurate, complete or current. The information on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
CBDlitica is not a manufacturer of products. CBDlitica sells finished goods which are manufactured by third parties. If you have questions concerning any products you should direct inquiries to the respective manufacturer of any product for the most accurate and complete information. You are responsible for making yourself informed regarding any product before purchasing from this site.
User Content
“User Content” means any and all information and content that a user submits to, or uses with, the Site or Services, including without limitation, content in the user’s profile, user reviews and/or postings, messages, data, text, photos, video, music, graphics, links or other materials posted through chat messages, community pages, email messages, mobile messages, photos and profile information. You acknowledge and agree that CBDlitica is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. CBDlitica does not assume and will not have any liability or responsibility to you or any other person or user for your use or misuse of any User Content. CBDlitica does not control, take responsibility for or assume liability for any User Content posted by you or any third party, or for any loss or damage thereto, nor is CBDlitica liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you encounter.
As User, you are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by CBDlitica. Because you alone are responsible for your User Content you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. CBDlitica is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.
You hereby grant, and you represent and warrant that you have the right to grant, to CBDlitica an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services, except to the extent we are restricted from doing so as a result of your submission of your personal data or information (which shall be maintained in accordance with our Privacy Policy). You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Ownership
Excluding your User Content, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, trade dress and trade secrets, in the Site and Services are owned by CBDlitica. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. CBDlitica and its suppliers reserve all rights not granted in this Agreement.
Changes in Service and Prices
Prices for products offered on cbdlitica.com are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. CBDlitica shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Purchases
You agree to provide current, and accurate purchase and account information for all purchases made on cbdlitica.com. You further agree to promptly update account and payment information, including email addresses, payment method, and payment card expiration date in order to complete the transaction. Sales tax will be added to the price of purchased merchandise deemed required by us.
You agree to pay all charges at the prices in effect on the day of purchase including any applicable shipping fees. You authorize CBDlitica to charge your chosen payment provider for any such amounts upon placing your order. CBDlitica reserves the right to correct any errors or mistakes in pricing, even if we already requested or received payment.
We reserve the right to refuse any order placed on the Site. We can, at our discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method and/or orders that use the same billing or shipping address. Based on our own judgement, we reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers, or distributors.
Sales Tax
All purchases are subject to sales tax for your state and should be expected to be added to your order total. Should you purchase any products available on the cbdlitica.com, you are explicitly responsible for paying any of the applicable sales tax indicated at Checkout.
Comments, Feedback and Other Submissions
We welcome comments and feedback regarding CBDlitica.com site, our products and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to CBDlitica using this Site or otherwise (collectively, "Comments") are not confidential and will become and remain CBDlitica's property. The disclosure, submission or offer of any Comments will constitute an assignment to CBDlitica of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by a User must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.
The Contents are intended solely for your personal, non-commercial use. No right, title or interest in any Contents is granted or transferred to you as a result of any such copying. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Site.
Product Return Policy
By placing the order you agree to the posted on this Site.
Shipping and Handling
The shipping rate is calculated automatically depending on the product weight and shipping zip code. Free shipping-based on promotions only apply within the United States of America (USA) and its territories. Currently the shipping is not supported outside of the USA. All orders are processed within 4 business days.
CBDlitica is not responsible for any products that are damaged or lost in freight once it is accepted by a shipping carrier. All claims must be filed directly with the carrier. First class delivery does not guarantee exact delivery date. The tracking information is updated by the carrier and CBDlitica is not responsible for the accuracy of carrier’s systems.
Mobile Application (App) Platforms
You acknowledge and agree that the availability of the Mobile App is dependent on the third-party app platform from which you received the Mobile App, e.g., the Apple App Store® (“App Platform”). You acknowledge that this Agreement is between you and CBDlitica and not with the App Platform. The App Platform, not CBDlitica, is solely responsible for the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the App Platform in connection with the Mobile App. Each App Platform may have its own terms and conditions to which you must agree before downloading the Mobile App from it. You agree to comply with, and your license to use the Mobile App is conditioned upon your compliance with, all applicable agreements, terms and conditions of use/service, and other policies of the applicable App Platform. You acknowledge that the App Platform (and its subsidiaries) is a third-party beneficiary of this Agreement and will have the right to enforce this Agreement.
Electronic Communications
By providing your contact information or contacting us electronically including, but not limited to messages to our Social Media accounts, you agree for CBDlitica to communicate back with you in the applicable electronic format.
By providing your email, you agree that CBDlitica may send you emails concerning our products and services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email. You may opt back into receiving emails from CBDlitica at any time by making such a request to support@cbdlitica.com.
Acceptable Use Policy
a. General Restrictions. You agree not to use the Site, Services, or any of CBDlitica’s social media pages or channels to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, indecent, patently offensive (e.g., material that promotes racism, bigotry, intolerance, threats, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.
b. Reviews. You agree not to post reviews on the Site, Services, or any of CBDlitica’s social media pages or channels that are not based upon your personal experience or are otherwise designed for any purpose other than providing other users on the Site with an accurate description of your personal experience. Reviews based on secondhand, non-personal experience are not allowed. In addition to the other restrictions contained in the Acceptable Use Policy, reviews posted on the Site, Services, or any of CBDlitica’s social media pages or channels must not: (i) be written exclusively in capital letters, (ii) be plagiarized, (iii) contain spam or advertisements and/or links to external websites, (iv) contain personally identifying or disparaging information about any other person, (v) contain overly detailed or sexual descriptions of an individual’s physical appearance, or lewd personal attacks against a specific individual or group of individuals affiliated with the Dispensary, (vi) contain references to Brand’s Dispensaries or competitors other than the product or Brand’s Dispensary being reviewed, or (vii) contain unrelated personal grievances. If you are an owner, volunteer, or employee of a Dispensary of a product offered on cbdlitica.com, you may not post reviews about your Dispensary or products or about your competitors’ Dispensary or products. You will not use any review to promote a competing product or service that is not represented on our site. Comparisons with products and services that are not offered on our site, with products or services that are offered on our site, in the content of a review, is forbidden. Do not provide links to other sites that promote businesses, products or services that are not are not listed on our site. Reviewers sometimes do this for the sole purpose of promoting one of the competitors to our advertisers, and it is not allowed.
c. Photos. If you are sharing an image of a product you purchased, the Image files must exclusively feature the products they illustrate and must not include nude body parts, messy or cluttered backgrounds, product wrapping, currency, paraphernalia, brand names, or other any objects other than the product itself. Image files must be clear and must not be blurry, fuzzy, or contain any flash reflections. Products should be centered in the image file. Image files must contain an accurate depiction of the product they illustrate. Image files cannot contain pornography or other graphic images. You understand that CBDlitica has the right to modify, crop or “photoshop” any photos you submit to comply with CBDlitica’s policies, practices and procedures. Photographs must not contain any misleading or false content. You must have the legal right to use any photo or artwork that you post.
Monitoring, Suspension, and Termination
CBDlitica reserves the right (but have no obligation) to review and edit, or reject and remove, any User Content (including any image files or reviews), investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Content, terminating your CBDlitica Account, and/or reporting you to law enforcement authorities) if we in our sole discretion suspect that you have violated the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.
This Agreement will remain in full force and effect while you use the Site or Services. CBDlitica may (a) suspend your rights to use the Site and/or Services (including your CBDlitica Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement, your CBDlitica Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your CBDlitica Account on any of its services involves deletion of your User Content associated therewith from our Site, Services, and live databases. CBDlitica will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your CBDlitica Account or deletion of your User Content. Even after this Agreement is terminated, all other provision of Terms and Conditions will remain in effect.
Third-Party Materials
The Site or Services might display, include or make available third-party content (including data, information, articles applications or other products, services and/or materials) or contain links to third party websites, services, and advertisements for third parties. You acknowledge and agree that CBDlitica is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. CBDlitica does not assume and will not have any liability or responsibility to you or any other person or user for any Third-Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk. When you link to a Third-Party Material, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Material.
Release
You hereby release and forever discharge CHDlitica (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish your rights with respect to, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Services users, Third-Party interactions or Third Party Materials.
If you a California resident, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor”.
Indemnification Clause
You agree to indemnify and hold CBDlitica (and its officers, employees, and agents) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and expenses (including reasonably attorneys’ fees) arising from or relating to any claim or demand made by any third party due to or arising out of (i) your use or misuse of the Site or Services, (ii) your User Content, (iii) your violation of this Agreement; or (iv) your violation of applicable laws or regulations. CBDlitica reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of CBDlitica. CBdlitica will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Arbitration Agreement and Jury Trial Waiver, Class Action Waiver, and Forum Selection Clause.
CBDlitica is interested in resolving any disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@cbdlitica.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to us should be sent to 30760 Country Ridge Cir, Farmington Hills, MI MI 48331. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Any dispute relating in any way to your visit or purchased products on Cbdlitica.com shall be submitted to confidential arbitration in Oakland County, Michigan, except that, to the extent you have in any manner violated or threatened to violate CBDlitica 's intellectual property rights, CBDlitica may seek injunctive or other appropriate relief on any state or federal court in the State of Michigan, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be binding and may be entered as a judgment in any court of competent jurisdiction. Except for disputes brought in small claims court in Oakland County, Michigan, all disputes between you and CBDlitica arising out of, relating to or in connection with the Site or Services shall be exclusively settled through binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) for commercial arbitration. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. You agree that any such arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action. Notwithstanding any provision in this Agreement to the contrary, if the class-action waiver in the prior sentence is deemed invalid or unenforceable, however, neither you nor we are entitled to arbitration. This arbitration agreement is subject to the Federal Arbitration Act. The arbitrator’s award may be entered in any court of competent jurisdiction.
Notwithstanding any provision in this Agreement to the contrary, we agree that if CBDlitica makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice of to CBDlitica. If the arbitration in this section provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in Oakland County, MI. You hereby accept the exclusive jurisdiction of such court for this purpose.