Terms and Conditions of Sale and Site Access
TERMS AND CONDITIONS APPLICABLE TO New York Hemp Company (NYHC) PRODUCT PURCHASES. Effective January 1, 2019 PLEASE READ THESE TERMS AND CONDITIONS OF SALE AND USE BETWEEN YOU AND NYHC (“COMPANY,” “WE” OR “US”) CAREFULLY. THESE TERMS AND CONDITIONS CONSTITUTE “THE AGREEMENT” BETWEEN US RESPECTING YOUR PURCHASE OF PRODUCTS FROM THIS WEBSITE. EACH TIME THAT YOU PURCHASE PRODUCTS FROM THE SITE, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS ON BEHALF OF YOURSELF AND ANY PERSON THAT YOU REPRESENT (AND “PERSON” AS REFERENCED HEREIN INCLUDES ANY TYPE OF INCORPORATED OR UNINCORPORATED ENTITY). YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO AGREE TO, AND TO ACCEPT, THESE TERMS AND CONDITIONS ON BEHALF OF YOURSELF AND ANY PERSON YOU REPRESENT. IF YOU DO NOT AGREE TO BE BOUND BY EACH PROVISION OF THESE TERMS AND CONDITIONS, THEN YOU MAY NOT PURCHASE TERMS AND CONDITIONS FROM THIS SITE. CHANGES TO THE TERMS AND CONDITIONS: COMPANY may, in its sole discretion, alter, supplement or amend these Terms and Conditions from time to time as it relates to your future purchases of products from this Site , for any reason, and without any prior notice to you or any other person. If you do not a agree to the terms and conditions existing at any given time, and/or if you do not agree with the terms of any given change, then you should not purchase products from the Site. AUTHORIZED PURCHASERS: The Site may be used to purchase products only by in individuals who have reached the age of majority or legal age in their jurisdiction; and only by those who can form legally binding contracts under applicable law. Purchases from the Site may not be made by individuals who have had their access terminated, nor may the Site be used by individuals in jurisdictions where product purchases from it may be illegal. It is solely your responsibility to determine whether your use of the Site is lawful, and you must comply with all laws applicable in your jurisdiction, including export restrictions. The Company reserves the right to limit the availability of the Site and/or the provision of any products described herein to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion,including without limitation to limit the quantities of the products that Company offers or provides. VOID WHERE PROHIBITED. MEDICAL, HEALTH OR VETERINARY ADVICE IS SPECIFICALLY NOT INTENDED Specific medical questions should be directed to your persona l physician or veterinarian who can address your medical and pet health concerns on an individual basis. While any product information on the Site was prepared to provide helpful information regarding topics related to general and specific health issues, the information contained in the Site is made available with the express understanding that neither the Company, any resources, healthcare professionals or experts referenced on the Site, nor the Site itself, are dispensing medical or veterinary advice and we do not intend any of this information to be used for self-diagnosis or treatment. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOU OR YOUR PET’S SYMPTOMS, ANY PHYSICAL CONDITION OR YOUR HEALTH IN GENERAL, AND BEFORE STARTING OR STOPPING ANY TREATMENT OR ACTING UPON INFORMATION CONTAINED ON THIS SITE, YOU SHOULD CONSULT WITH YOUR OWN PHYSICIAN, HEALTH CARE PROVIDER OR VETERINARIAN REGARDING YOUR OR YOUR PET’S OWN, SPECIFIC CONDITION AND HEALTH CARE CIRCUMSTANCES. The Company specifically disclaims responsibility for any health condition, suffering, damage or injury which may result, directly or indirectly, from any action taken or not taken based in whole or in part on, or any reliance by any person on, any content or information set forth relating to products on the Site in any instance or in any specific circumstance, at any time. PROCESS FOR PLACING PRODUCT ORDERS ON THE SITE. You may purchase products from this Site by selecting products, placing them in your shopping cart, and following the procedures specified for account registration, check-out and payment. You will have the opportunity to identify and correct input errors prior to placing your final order for the products. You agree to provide true, accurate, current and complete information about yourself when you register or order products from us, and to promptly update such information to ensure that it remains true, accurate, current and complete. You will be responsible for any product, quantity, shipping address or other errors you make in connection with the placement of orders on the Site. ACCEPTANCE, CANCELLATION AND DELIVERY OF PRODUCT ORDERS. Any promotions conducted on the Site are invitations for orders, and are not offers to sell. Your properly-completed and delivered order constitutes your offer to purchase the products referenced in your order. Once you place an order and it has been processed for payment, it is considered an accepted order. You may not cancel or change an order after you have placed it. At NYHC, we are artisan soap and body care experts, making every product from scratch by hand. Since a product is made especially for you, it can not be returned for any reason. RETURNS We do not accept the return of any product included in the order. If a product is damaged in shipment or otherwise arrived to you in damaged condition, it will be determined if this is the fault of the carrier. In the event of this occurrence, you must notify Company promptly via an email to firstname.lastname@example.org with a photo of the damaged product. Upon our confirmation of the issue, instructions may be provided to return this product. Replacement products will not automatically be provided without return of the original product or other approved arrangements with our company. Damaged or Defective Goods; Purchaser Claims: In the event that the Goods are damaged or defective as of the time of Purchaser's delivery/pick-up, or otherwise in the event of breach of the warranties specified herein, then as Purchaser's sole and exclusive remedy, Purchaser may obtain replacement Goods as approved by this company . In such event, Purchaser shall promptly notify NYHC of the damage or defect (to be within forty-eight (48) hours of delivery/pick-up) and upon request shall give this company opportunity to inspect and confirm such damage or defect prior to return. NYHC ’s authorization must be obtained prior to any damaged/defective Goods return. Unless specifically pre-authorized by NYHC in writing, returns will only be accepted in situations involving Goods which were damaged/defective upon delivery. In no event shall NYHC be responsible to, or liable to Purchaser for, any direct, indirect, consequential, incidental, special, or punitive damages (including but not limited to lost profits, economic loss, lost revenues, business interruption, lost productivity, loss of use, downtime, overhead or administrative expenses, damage to reputation or goodwill) respecting any claim made by Purchaser whatsoever. All Purchaser claims of any nature whatsoever relating to the Goods, the sales transaction or any other matter between the Parties must be asserted within 120 days of delivery/pick-up, or the same shall be deemed forever waived, null and void and of no further effect. Any product that has been accepted from the carrier in good condition and the box opened or tampered with signifies acceptance by the Purchaser for that product and no replacement will be given. Damaged or Defective Goods; Purchaser Claims: In the event that the Goods are damaged or defective as of the time of Purchaser's delivery/pick-up, or otherwise in the event of NYHC's breach of the warranties specified herein, then as Purchaser's sole and exclusive remedy, Purchaser may obtain replacement Goods as approved by NYHC. In such event, Purchaser shall promptly notify NYHC of the damage or defect (to be within forty-eight (48) hours of delivery/pick-up) and upon request shall give NYHC opportunity to inspect and confirm such damage or defect prior to return. NYHC’s authorization must be obtained prior to any damaged/defective Goods return. Unless specifically pre-authorized by NYHC in writing, returns will only be accepted in situations involving Goods which were damaged/defective upon delivery. In no event shall NYHC be responsible to, or liable to Purchaser for, any direct, indirect, consequential, incidental, special, or punitive damages (including but not limited to lost profits, economic loss, lost revenues, business interruption, lost productivity, loss of use, downtime, overhead or administrative expenses, damage to reputation or goodwill) respecting any claim made by Purchaser whatsoever. All Purchaser claims of any nature whatsoever relating to the Goods, the sales transaction or any other matter between the Parties must be asserted within 120 days of delivery/pick-up, or the same shall be deemed forever waived, null and void and of no further effect. FEES, CHARGES AND TAXES; AVAILABILITY; PRICES; MISPRINTS AND ERRORS. All assessed fees, taxes and charges relating to product orders will be at the rates in effect at the time the charges are incurred. Charges incurred for shipping will be assessed as of the time of shipment by or on behalf of Company , its licensors, vendors or suppliers. You are responsible for paying all fees, charges and applicable taxes associated with any purchases made by you. All shipping charges and applicable taxes will be itemized on the purchase invoice. All amounts appearing on the Site are quoted in US dollars. If your provided credit card or other method of payment does not clear, the order is not generated. The order will not be shipped until payment has been approved and cleared. Company itself does not receive, hold or store your credit card, PayPal or other payment information, and all such information is passed directly and electronically upon input to our third party credit card processor or to PayPal for processing and storage for use with Auto Ship orders if and as applicable. We have undertaken to ensure that the applicable third party will only use your payment information in connection with processing your orders. The purchase price and other applicable charges and taxes will be billed in advance of the delivery of the products. Company endeavors to provide current and accurate information on the Site. Nevertheless, misprints or other errors may occur. Accordingly, Company reserves the right to change the prices, fees and charges associated with the products available through the Site, at any time and from time to time without any notice to you or to any other person. Also, due to the popularity of some products, Company cannot guarantee that products advertised on the Site will be available when ordered or thereafter. Company also reserves the right at any time to reject, correct, cancel or terminate any order. If you order products for which the price was incorrectly displayed at the time of your order, Company will provide you with an opportunity to cancel your order. If you order products that are not available, Company will notify you bye-mail to your provided email address. TERMINATION OF ACCESS TO THE SITE: Company may, in its sole discretion, change, suspend, or terminate, temporarily or permanently, access to the Site or any part of it at any time, for any reason, without any notice to you or to any other person. Company may at any time and for any reason, with or without cause, and in its sole discretion, immediately suspend or terminate (in whole or in part) your access to the Site or bar you from making future product purchases from the Site upon notice to you in the event of your material breach of these Terms and Conditions. These Terms and Conditions will continue to apply and be binding upon you regarding your prior orders and prior use of the Site respecting product purchases. DISCLAIMER; LIABILITY EXCLUSION; LIABILITY LIMITATION; RELEASE AND INDEMNITY: Company strives to make your use of the Site and its products a useful and enjoyable experience. Nevertheless, Company and its license, vendors, suppliers and service providers, do not accept any liability for your use of the Site, and you understand and agree that you assume all risk of the use of the Site to make product purchases. For that reason, the following provisions apply to your use of the Site in the context of purchasing Company products: DISCLAIMER: YOUR USE OF THE SITE , INCLUDING ANY DATA, CONTENT, PRODUCT DESCRIPTIONS, INFORMATION, PRODUCTS OR MATERIALS OBTAINED THROUGH THE SITE, IS AT YOUR OWN RISK. ANY MEDICAL, HEALTH OR VETERINARY INFORMATION PRESENTED ON THE SITE IS NOT INTENDED TO BE USED FOR DIAGNOSTIC OR TREATMENT PURPOSES. PLEASE CONSULT YOUR DOCTOR, VETERINARIAN, OR HEALTH CARE PROFESSIONAL FOR APPROPRIATE ADVICE RELATING TO YOUR SPECIFIC SITUATION. USE OF THE SITE REQUIRES A COMPATIBLE DEVICE SUCH AS AN IPAD, IPOD TOUCH OR IPHONE, LAPTOP, DESK TOP COMPUTER, OR SIMILAR DEVICE, AND INTERNET ACCESS, AND MAY REQUIRE OBTAINING UPDATES OR UPGRADES FROM TIME TO TIME. YOU ARE SOLELY RESPONSIBLE FOR PROVISIONING, CONFIGURING AND MAINTAINING ALL DEVICES, EQUIPMENT AND SOFTWARE THAT YOU MAY USE OR ALLOW OTHERS TO USE IN CONNECTION WITH ACCESSING THE SITE, INCLUDING ALL IPAD, TABLET, INTERNET SERVICE AND RELATED EQUIPMENT, AND SOFTWARE. BECAUSE USE OF THE SITE INVOLVES HARDWARE, SOFTWARE, AND INTERNET ACCESS, YOUR ABILITY TO USE THE SITE AND ACCESS YOUR ORDER INFORMATION MAY BE AFFECTED BY THE PERFORMANCE OF THESE FACTORS. YOU AGREE THAT SUCH REQUIREMENTS ARE YOUR RESPONSIBILITY. THE OPERATION OF THE SITE AND ANY PRODUCT ORDER PLACED ON THE SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND COMPANY’S CONTROL. THE OPERATION OF THE SITE MAY NOT BE CONTINUOUS, UNINTERRUPTED OR ENTIRELY SECURE. COMPANY (INCLUDING ITS LICENSORS, VENDORS, SUPPLIERS AND SERVICE PROVIDERS), IS NOT LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY LOSS OR DAMAGE ARISING FROM OR RELATED TO ANY DATA, CONTENT, INFORMATION OR OFFERED PRODUCTS OR MATERIALS OR ANY MISPRINTS OR ERRORS ON THE SITE, OR FOR THE UNAVAILABILITY OF ANY PRODUCT YOU ORDER, ANY DELAY IN THE AVAILABILITY OR SHIPPING OF PRODUCTS, OR ANY CHANGES IN THE PRICE OF PRODUCTS. YOU ARE SOLELY RESPONSIBLE FOR THE MANNER IN WHICH YOU MAY USE THE PRODUCTS OR ALLOW OTHER PERSONS TO USE THE PRODUCTS PURCHASED FROM OR IN CONNECTION WITH THIS SITE. COMPANY (INCLUDING ITS LICENSORS, VENDORS, SUPPLIERS AND SERVICE PROVIDERS), DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY REGARDING ALL SUCH MATTERS. THE SITE AND ALL PRODUCT INFORMATION INCLUDED ON THE SITE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, OR DURABILITY, ALL OF WHICH ARE HEREBY DISCLAIMED BY COMPANY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS DISCLAIMER APPLIES SPECIFICALLY TO ALL SITE CONTENT, AND NO REPRESENTATION OR WARRANTY IS MADE WHATSOEVER RESPECTING ANY DATA, CONTENT, INFORMATION OR OFFERED PRODUCTS OR MATERIALS APPEARING ON THE SITE AT ANY TIME. NOTE THAT THESE LIMITATIONS MAY NOT APPLY TO YOU. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE ADDITIONAL RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER COMPANY NOR ITS LICENSORS, VENDORS, SUPPLIERS OR SERVICE PROVIDERS, MAKE ANY REPRESENTATION, WARRANTY OR CONDITION THAT: • THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE COMPATIBLE WITH YOUR IPAD, TABLET, COMPUTER, PERIPHERALS, AND RELATED EQUIPMENT, PHOTOGRAPHIC EQUIPMENT AND SOFTWARE; • THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; • THE SITE, ANY DATA, CONTENT, INFORMATION OR OFFERED PRODUCTS OR MATERIALS SUBMITTED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE, OR ANY RESULTS THAT MAY BE OBTAINED THROUGH THE USE OF SUCH, WILL BE ACCURATE, COMPLETE, RELIABLE, TIMELY, OR AUTHENTIC; • COMPANY WILL MONITOR THE SITE OR ANY COMPONENT THEREOF; • THE QUALITY OF THE SITE, ANY PRODUCTS, INFORMATION, OR OTHER ITEMS PURCHASED OR OBTAINED THROUGH THE SITE WILL NECESSARILY MEET YOUR EXPECTATIONS; AND • THE USE OF THE SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY CONTENT FROM THE SITE, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS OR BUGS. COMPANY DISCLAIMS ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. LIABILITY EXCLUSION: , NEITHER COMPANY NOR ITS AFFILIATES, LICENSORS, VENDORS, SUPPLIERS OR SERVICE PROVIDERS, WILL UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF OPPORTUNITY, SALES, INCOME, OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, OVERHEAD OR ADMINISTRATIVE EXPENSES, OR DAMAGE TO REPUTATION OR GOODWILL, OR FOR ANY SPECIAL,INCIDENTAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE DAMAGES (ALL OF THE ABOVE, “CONSEQUENTIAL DAMAGES”), WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, IN CONNECTION WITH, OR RELATING TO THE USE OF THE SITE,OR YOUR PURCHASE OF PRODUCTS FROM THE SITE, BY YOU, BY ANY PERSON USING AN ACCOUNT REGISTERED TO YOU, OR BY ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY COMPANY, ITS LICENSORS, VENDORS, SUPPLIERS OR SERVICE PROVIDERS,OR ANY OTHER PERSON FOR WHOM COMPANY MAY BE RESPONSIBLE, AND NOTWITHSTANDING THAT COMPANY OR ANY OF THE FOREGOING PARTIES MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH CONSEQUENTIAL DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON. LIABILITY LIMITATION: WITHOUT LIMITING THE FORGOING, IN NO EVENT WILL COMPANY, ITS LICENSORS, VENDORS, SUPPLIERS OR SERVICE PROVIDERS, EVER BE LIABLE TO YOU, TO ANY PERSON USING AN ACCOUNT REGISTERED TO YOU, OR TO ANY OTHER PERSON, FOR ANY CLAIMS, ACTIONS, DEMANDS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, INJURIES, DAMAGES, LOSSES, OR COSTS (COLLECTIVELY, “CLAIMS AND DAMAGES”), WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, REGARDLESS OF ANY CLAIMED NEGLIGENCE OR OTHER FAULT OR WRONGDOING, IN EXCESS OF, AND THE ENTIRE LIABILITY OF COMPANY AND ITS LICENSORS, VENDORS, SUPPLIERS OR SERVICE PROVIDERS, AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS AND DAMAGES STEMMING FROM YOUR USE OF THE SITE IN CONNECTION WITH YOUR PURCHASE OF THE COMPANY’S PRODUCTS SHALL NOT EXCEED U.S. $2.00, OR THE AMOUNT YOU PAID TO COMPANY FOR THE USE OF THE SITE EXCLUSIVE OF ANY PRODUCTS PURCHASED, WHICHEVER IS LESS. RELEASE: YOU HEREBY RELEASE AND FOREVER DISCHARGE COMPANY, ITS LICENSORS, VENDORS, SUPPLIERS OR SERVICE PROVIDERS, AND THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SITE IN CONNECTION WITH THE PURCHASE OF THE COMPANY’S PRODUCTS. INDEMNITY: YOU AGREE TO INDEMNIFY, DEFEND AND HOLD COMPANY, ITS LICENSORS, VENDORS, SUPPLIERS OR SERVICE PROVIDERS, AND THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, LOSSES, INJURIES, DAMAGES, LIABILITIES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM, ACTION OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH THE OFFERED PRODUCTS OR USE OF THE SITE BY YOU. YOU AGREE THAT YOU WILL ASSIST AND COOPERATE AS FULLY AS IS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENSE OF ANY SUCH CLAIM, ACTION OR DEMAND. ADVICE AND INFORMATION PROVIDED BY COMPANY OR ITS REPRESENTATIVES, OR THROUGH THE SITE, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION, OR VARY OR AMEND THE SE TERMS AND CONDITIONS, INCLUDING THE ABOVE DISCLAIMERS, LIABILITY EXCLUSIONS, LIABILITY LIMITATIONS, RELEASE, AND/OR INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION. The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in these Terms and Conditions survive the termination of the Agreement. GOVERNING LAW AND DISPUTE RESOLUTION: The Agreement, your use of the Site for product purchases and all related matters are governed solely by the laws of the state of New York, USA, excluding any rules of private international law or the conflict of laws which may lead to the application of any other laws. Any dispute between Company and you or any other person arising from, in connection with or relating to the Site, these Terms and Conditions any transaction through the Site or any related matters is subject to the following dispute resolution provisions, and you hereby irrevocably agree to submit to the original, personal and exclusive jurisdiction of the courts within the state of New York for such purposes. Any claim or cause of action that you may have arising from, in connection with, or relating to your use of the SITE, these Terms and Conditions, or any product purchase transaction conducted through the Site, or any related matters, must be commenced within one (1) year after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary. You shall first contact us at customer.service@NYHCsoap.com regarding any claim or controversy arising out of or relating to these Terms and Conditions, or any breach thereof, or the use of the Site (except such claims or controversies for which injunctive relief is available), if such claim or controversy cannot be resolved by mediation within 30 days. Such unresolved claim or controversy shall be finally settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules including the Supplementary Procedures for Consumer-Related Disputes (collectively, “AAA Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The AAA Rules are available online at adr.org. You agree that, by accepting these Terms and Conditions, you and Company are each waiving the right to a trial by jury or to participate in a class action. These Terms and Conditions evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. PERSONAL INFORMATION SUBMISSIONS: As referenced above, all PERSONAL INFORMATION that you provide in connection with your purchase of products from the Site, including your name and email address, payment information (PayPal information, credit card numbers, expiration date and the like), and shipping and transaction-related information must be true, accurate, current and complete. Because Company will rely on the information that you provide, you will be responsible for any and all loss, damage, or additional costs that you, Company or others may incur as a result of your submission of any false, incorrect or incomplete PERSONAL INFORMATION. Because we cannot guarantee that the Site or our internal database or systems are entirely secure, you acknowledge that you are providing any such PERSONAL INFORMATION at your own risk. ADVERTISEMENTS OR PROMOTIONS: The SITE may display advertisements or promotions applicable to our products from time to time. The manner, mode and extent of the advertising or promotion will be determined by Company in its sole discretion, and is subject to change at any time and without any notice or any liability to you or to any other person. NOTICES: Notices or communications to Company in connection with these Terms and Conditions must be in writing and must be submitted to Company by email to email@example.com MISCELLANEOUS: If any provision of the se Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms and Conditions and shall not affect the validity and enforcability of any remaining provisions. Company reserves the right to change, amend or supplement these terms and conditions, at any time and from time to time without any notice to you or to any other person. No waiver, express or implied, by either party of any breach of or default of these Terms and Conditions will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. These Terms and Conditions, as amended from time to time by Company constitutes the entire agreement between you and Company relating to your use of the Site and supersedes all previous agreements, written, oral or otherwise, between you and Company with respect to your use of the Site in connection with product purchases. The provisions of these Terms and Conditions will inure to the benefit of and be binding upon Company and its respective successors and assigns, and you and your heirs, executors, administrators, successors and personal representatives. The Agreement will also inure to the benefit of Company, its licensors, vendors, suppliers or service providers (and intended third party beneficiaries); provided however that these Terms and Conditions are not binding upon and do not impose obligations on such licensors, vendors, suppliers or service providers or beneficiaries. You may not assign your rights and obligations under these Terms and Conditions without the express prior written consent of Company which may be withheld at Company’s sole discretion. Company may assign these Terms and Conditions and its respective rights and obligations under the Agreement without your consent. Any rights not expressly granted or disclaimed by these Terms and Conditions are expressly reserved to Company. USE OF THIS WEB SITE All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of New York Hemp Company. The collective work includes works that are licensed to New York Hemp Company. Copyright 2003, New York Hemp Company ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with New York Hemp Company or purchasing New York Hemp Company products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with New York Hemp Company or to purchase New York Hemp Company products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by New York Hemp Company. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of New York Hemp Company used in the site are trademarks or registered trademarks of New York Hemp Company
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, New York Hemp Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. New York Hemp Company does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. New York Hemp Company does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
New York Hemp Company shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if New York Hemp Company has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a New York Hemp Company product is mistakenly listed at an incorrect price, New York Hemp Company reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. New York Hemp Company reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, New York Hemp Company shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by New York Hemp Company without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
New York Hemp Company may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to New York Hemp Company.
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of New York Hemp Company products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of New York Hemp Company products) must be commenced within one (1) year after the claim or cause of action arises. New York Hemp Company's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. New York Hemp Company may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a New York Hemp Company or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
New York Hemp Company does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, New York Hemp Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, New York Hemp Company reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to New York Hemp Company in its sole discretion.
You agree to indemnify, defend, and hold harmless New York Hemp Company, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, New York Hemp Company may link to sites operated by third parties. However, even if the third party is affiliated with New York Hemp Company, New York Hemp Company has no control over these linked sites, all of which have separate privacy and data collection practices, independent of New York Hemp Company. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, New York Hemp Company seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).