TERMS AND CONDITIONS as of August 15, 2020
Please read these Terms and Conditions ("Terms," "Terms and Conditions") carefully before using the https://www.shopcbdandme.com website (the "Service") operated by Shake Brands Corp. ("us," "we," or "our"). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have permission to access the Service. If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete. The Service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. We reserve the right to refuse or cancel your order at any time for reasons, including but not limited to, product or service availability, errors in the description or price of the product or service, error in your order, or for other reasons. We also reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors, and Inaccuracies: We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Discounts, Promotions and Rewards: Any discounts or other promotions including rewards programs (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms and Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply. The following additional terms and conditions commonly apply to our Promotions on the Service, including ones where you may redeem a promotional code as part of the offer and where no alternative terms and conditions apply. This is a limited time offer. We reserve the right to modify or cancel the offer at any time. If you received the promotional code (directly or indirectly) from a third party, that third party also reserves the right to modify or cancel the offer at any time. Offer only applies to products sold on the Service. Offer good while supplies last. Offer limited to one per customer and/or account. Offer may not be combined with other offers. Each promotional code applies only to qualifying items. Shipping charges and taxes may apply to the full value of discounted, promotional items. If the offer has a minimum purchase requirement, taxes, shipping and handling do not apply when determining the minimum purchase amount. The promotional code applies only to items purchased in a single order and shipped at the same speed to a single address. Offer is non-transferrable and may not be resold. If any of the products are related to an offer returned, your refund will equal the amount you paid for the product, subject to applicable shipping and returns policies. Offer discount will be allocated proportionally among all promotional items in your order. If you violate any of the offer terms, the offer will be invalid. If you are redeeming points as part of a rewards program offered on the Service, (“Rewards”) you may only utilize your Rewards balance on the check-out page. Under payment information, click to “opt in” to use Rewards toward single purchases. Your full Rewards balance must be used on a single order. You must be logged into your account for your Rewards balance to show up at checkout. Rewards points may not be combined with other Promotions. Rewards may only be redeemed in increments of 100. If you have a point balance of 150, you are permitted to use 100 points on a single order and the remaining 50 points will roll over to your next purchase. Additional points are not earned on the amount that is being redeemed, when using your Rewards balance. Rewards may only be earned and redeemed on the Service. Products purchased with Rewards will not accrue points for any future purchase(s). By continuing to participate in any Rewards program offered on the Service, following any change in the Terms and Conditions, you are accepting the changes to the Terms and Conditions. Accrued Rewards do not constitute property or cash value. We reserve the right to disqualify Rewards participants and to cancel all previously accumulated points if in our sole judgment such participants have violated any of the Promotion eligibility, accumulation, usage or other terms governing Rewards.
Online Orders: When you order online order with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account and/or online order on the Service. You are responsible for maintaining the confidentiality of your own account and/or online order information, including but not limited to the restriction of access to your computer and/or account information, online purchase history, passwords, etc. You agree to accept responsibility for any and all activities or actions that occur under your account and/or online purchase history, whether your order is placed with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account and/or in connection with any online purchase on the Service. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders and Promotions on the Service (including Rewards) in our sole discretion.
Cookies: We may use any number of tools to collect information about you, your computer access points, and the web browser that you use to connect to the Service. Cookies are tiny text files that we place on your computer’s hard drive when you visit the Service. We may use cookies to personalize your interactions with the Service. You do not have to accept our cookies and you may set your browser to restrict their use, or you may delete them after they have been placed on your hard drive. If you do not accept our cookies or if you delete our cookies, some areas of the Service may take more time to work or may not function properly. For more general information about cookies, click here.
Copyright Policy: We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to tig@shakecolab.com with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims." You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad faith claims on the infringement of any content found on and/or through the Service on your copyright.
DMCA Procedure for Copyright Infringement Claims: You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by mail to 830 S. Locust Ave. Fayetteville, AR 72701 by providing the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
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an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
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a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
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identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
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your address, telephone number, and email address;
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a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
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a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Intellectual Property: The Service and its original content, features, and functionality are and will remain the exclusive property of Shake Brands Corp. and its affiliates and licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of tig@shakecolab.com.
Links to Other Web Sites and Quizzes: Our Service may contain links to third party web sites or services that are not owned or controlled by our Service. Shake Brands Corp. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or websites. You acknowledge and agree that Shake Brands Corp. will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit linked to the Service including digital forms or questionnaires (“Quizzes”) made available on the Service by third-party plug-ins. Please note that the results displayed by Quizzes may not be 100% accurate, correct and/or complete and that they are intended solely for general information and education purposes. Quizzes should NOT be considered as a substitute for any professional medical service or advice and whenever you consider necessary, you should refer to a specialist for appropriate and personalized information about any health questions or issues you may have. Please note that only a licensed professional has the authority to officially diagnose and assess an individual in regard of any health aspects. The Service hosting this application is in no way liable of any actions which might be taken by participants.
Termination: We may terminate or suspend your account (including access to loyalty programs, certain Promotions and Rewards) and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Indemnification: You agree to defend, indemnify and hold harmless Shake Brands Corp. and its affiliates, licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service (by you or any person using your account) with respect to an online order and password, or b) a breach of these Terms. Limitation Of Liability: In no event shall Shake Brands Corp. or its directors, employees, partners, agents, suppliers, affiliates or subsidiaries, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
General Disclaimers: Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. Shake Brands Corp., its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Not Medical Advice: The Service many contain general information about health and nutrition. None of the information is advice and should not be considered or treated as a substitute for advice from a healthcare professional. The contents of the Service are for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health professional with any questions you may have regarding a medical condition. You must not rely on information contained on the Service as an alternative to medical advice from your doctor or other professional healthcare provider. If you think you may be suffering from any medical condition you should seek medical attention. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information contained on the Service, none of which information is intended to be a substitute for medical diagnosis, advice or treatment. If you are considering making any major changes to your lifestyle, you should consult with your doctor or other healthcare provider before doing so. Neither the Service nor its representatives are providing any medical advice, and none should be inferred, from any ideas, suggestions, or other information set forth on the Service. Note: some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease.
Product Warnings: Follow directions on the label for each individual product SKU. Keep all products in a cool, dry place. Keep container tightly closed. Keep out of reach of children.
Governing Law: These Terms shall be governed and construed in accordance with the laws of Arkansas, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes: We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is considered material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.