STANDARD TERMS AND CONDITIONS OF USE
The term “Emerald Canna Group” shall mean Emerald Canna Group, LLC, ECG, Emeraldcannagroup.com ., and their parent(s), subsidiaries and affiliates, including without limitation, their directors, officers, employees, agents, suppliers, vendors, contractors, and licensors.
The term “Site(s)” shall mean the website located at www.emeraldcannagroup.com and all associated sites linked to www.emeraldcannagroup.com by Emerald Canna Group around the world, including without limitation www.emeraldcannagroup.com, www.emeraldcannagroup.com.com.
The term “customer”, “user”, “you” or ““your” shall mean any user or purchaser (including without limitation their agents, affiliates, successors and permitted assigns) of products and services offered by Emerald Canna Group.
The term “sales order” shall mean any purchase order, sales order or sales receipt produced for the purchase of products and services through Emerald Canna Group.
The Site is the sole and exclusive property of Emerald Canna Group.
USER ACCOUNT AND SECURITY
You may be required to open an account to use certain features and services offered through the Site. You certify that the any information (including product descriptions, reviews, comments, messages, communications, feedback, submissions, suggestions, questions, data, content, materials and other information) you provide on or through the Sites is accurate and that the information you provide on or through the Sites is complete. It is your sole responsibility to maintain the confidentiality of the information you hold for your account, including without limitation, your password and for any and all activity that occurs using your account. Please notify Emerald Canna Group immediately of any unauthorized use of your account or password, or any other breach of security. You will be held liable for losses incurred by Emerald Canna Group or any other user of or visitor to the Site due to unauthorized use of your account. Emerald Canna Group cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. Your account may be restricted or terminated for any reason, at Emerald Canna Group’s sole discretion.
ONLINE STORE TERMS
By agreeing to these Terms of Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
PURCHASES; TERMS AND CONDITIONS
Pricing or availability errors may occur on the Site or sales materials presented by a Emerald Canna Group representative. Online pricing (if applicable) may not be valid for purchases and shipments located outside of the contiguous 48 United States, including for buyers located in Alaska, Hawaii, Guam, American Samoa, Puerto Rico or the U.S. Virgin Islands (in the event Emerald Canna Group elects, in its sole and absolute discretion, to sell any products or services in or to these regions). In addition, any prices or quotes may be considered preliminary and subject to change until any final artwork, color files or targets are received by Emerald Canna Group and samples are made. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell our products or services. Emerald Canna Group reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Emerald Canna Group. Emerald Canna Group may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Emerald Canna Group reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied. Emerald Canna Group also reserves the right, at our sole discretion, to prohibit sales to certain dealers or resellers.
Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the Site(s). You agree that Emerald Canna Group is not a party to any such agreement, nor is Emerald Canna Group responsible for the content, accuracy, or unavailability of any method used for payment.
PAYMENT TERMS & NO SETOFF
Shipping dates provided by Emerald Canna Group to the Customer are estimates only. Emerald Canna Group is not responsible for any delays, loss or damage that occurs during shipping. Emerald Canna Group is not liable for delays or product seizures by U.S. Customs and Border Protection or any related government entity. Emerald Canna Group may, in its sole discretion, without liability or penalty, make partial shipments of goods to Customer. The quantity of any installment of goods as recorded by Emerald Canna Group on dispatch from Emerald Canna Group’s place of business is conclusive evidence of the quantity received by the Customer on delivery unless the Customer can provide conclusive evidence proving the contrary. Emerald Canna Group shall not be liable for any non-delivery of any goods or services pursuant to an applicable sales order (even if caused by the Emerald Canna Group’ negligence) unless the Customer gives written notice Emerald Canna Group of the non-delivery within five (5) calendar days of the date when such goods or services (pursuant to the applicable sales order) would in the ordinary course of events have been received. Any liability of Emerald Canna Group, and the Customer’s sole remedy therefor, for non-delivery of the goods or services pursuant to the applicable sales order shall be limited to Emerald Canna Group delivering such goods and/or services within a reasonable time or adjusting the sales order respecting such goods or services to reflect the actual quantity delivered.
TITLE TO PRODUCTS
Until you pay Emerald Canna Group in full, title to the products shall remain in Emerald Canna Group’s name and Emerald Canna Group shall have a purchase money security interest in the products. If you shall default in any payments, Emerald Canna Group shall have all the rights as holder of such title or as such secured party under the Uniform Commercial Code and/or any other law then in force. If Emerald Canna Group repossesses the products, Emerald Canna Group may resell the products after ten (10) days’ prior written notice to you. Emerald Canna Group may file one or more financing statements to perfect its security interests. If necessary, you shall execute such financing statements upon request.
RETURN OF THE PRODUCTS
No products shall be returned to Emerald Canna Group without Emerald Canna Group’s written authorization. You may be subject to our standard restocking charge on all products returned to Emerald Canna Group without cause. All shipments shall be inspected within ten (10) days of receipt. Any claims for defects, manufacturing errors or non-compliance with specifications must be submitted in writing to Emerald Canna Group within ten (10) days of receipt of the products or services.
LIMITED WARRANTIES AND LIABILITY
EMERALD CANNA GROUP MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED WITH RESPECT TO THE SITE, PRODUCTS AND/OR ANY SERVICES PROVIDED BY EMERALD CANNA GROUP, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; (D) 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; OR (D) ANY CHANGES IN APPLICABLE LAW.
ALL CONTENT, PRODUCTS AND SERVICES PROVIDED ON THE SITE OR THROUGH A EMERALD CANNA GROUP REPRESENTATIVE ARE DELIVERED “AS-IS” AND MAY BE SUBJECT TO CHANGE WITHOUT NOTICE. EMERALD CANNA GROUP DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY EMERALD CANNA GROUP PRODUCTS OR SERVICES OFFERED OR SOLD. YOU ASSUME ALL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES CONTAINED THEREIN. YOUR SOLE REMEDY AGAINST EMERALD CANNA GROUP FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.
IN NO EVENT SHALL EMERALD CANNA GROUP BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, OR IN CONNECTION WITH USE OF THE SITE AND/OR THE SALE OR PURCHASE OF PRODUCTS OR SERVICES, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT EMERALD CANNA GROUP WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (D) THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL EMERALD CANNA GROUP’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS SITE AND/OR PURCHASE OF PRODUCTS OR SERVICES, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO EMERALD CANNA GROUP BY SUCH CUSTOMER FOR THE PRODUCTS AND SERVICES SOLD.
COMPLIANCE OF PRODUCTS OR SERVICES
Emerald Canna Group does not represent or warrant that any Content, products or services offered on the Site or by a Emerald Canna Group representative or otherwise are compliant with applicable law, including without limitation, heavy metal rules and regulations (as applicable), specific compliance language, words, phrases, disclaimers or symbols or other requirements and regulations for such products or services. It is recommended that you contact separate and independent counsel to obtain advice with respect to any question, issue or problem, including without limitation, any compliance inquiry. Emerald Canna Group cannot guaranty the current status, accuracy, completeness of any Content, product or service or any compliance thereof.
Emerald Canna Group is not responsible for product compatibility with any products and/or services sold to you, including without limitation, product/package compatibility, stability, functionality, decoration adhesion, leakage testing, drop tests and ship tests. Emerald Canna Group strongly recommends the Customer perform compatibility testing and line trials on all components of goods or services purchased prior to commencing production or filling any products purchased through Emerald Canna Group. Upon written request, Emerald Canna Group may provide samples of products based on the item and quantity need (subject to sampling charges as determined by Emerald Canna Group from time to time).
The customer shall indemnify, defend and hold harmless Emerald Canna Group and its officers, directors, employees, agents, affiliates, successors and permitted assigns (collectively, “Indemnified Party”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, fees and the costs of enforcing any right to indemnification and the cost of pursuing any insurance providers, incurred by Indemnified Party, relating to or resulting from any claim of a third party or arising out of or occurring in connection with use of this Site and/or any purchase of the products and services from Emerald Canna Group.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Emerald Canna Group 3rd party CBD products , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
COMPLIANCE WITH LAW
You hereby represent and warrant the following (i) that you are acting in compliance with and shall comply with all applicable laws, regulations and ordinances; (ii) you shall use the products provided by Emerald Canna Group or its authorized agent(s) in conformance with recognized industry and professional standards (iii) you have used your own independent skill and expertise in connection with the selection and use of the products or services purchased through Emerald Canna Group; (iv) you possess the skill and expertise in the handling, storage, transportation, treatment, use and disposal of the products purchased through Emerald Canna Group; (v) you will ensure that the products you purchase from or through Emerald Canna Group are safe for your intended use and that the products are handled in a safe and professional manner; and (iv) you are an authorized purchaser of the products and/or services sold by Emerald Canna Group. Any customer or user shall have and maintain in effect all the licenses, permissions, authorizations, consents and permits (the “Requisite Licenses”) that it needs to carry out its obligations to purchase any products or services through the Site, a Emerald Canna Group representative or in person. In the event Emerald Canna Group requests any customer or user to provide the Requisite Licenses, said customer or user shall promptly comply with such request.
FOOD AND DRUG ADMINISTRATION (FDA) DISCLOSURE
These products have not been evaluated by the FDA and are not intended to diagnose, treat or cure any disease. Always check with your physician before starting a new dietary supplement program.
CHOICE OF LAW, FORM, AND DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing the Sites constitutes your acceptance of this arbitration provision. Please read it carefully as it provides that you and Emerald Canna Group will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the arbitration provision.
You agree that all matters arising out of or relating to access to or use of the Site and/or the purchase of any good or services through the Site, a Emerald Canna Group representative or in person are governed by, and construed in accordance with, the laws of the State of Washington, without regard to the conflict of law provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Washington. Any customer of Emerald Canna Group and/or user of the Site irrevocably and unconditionally agrees that it will not commence any action, litigation or proceeding of any kind whatsoever against Emerald Canna Group in any way arising out of or relating to access to or use of the Site and/or the purchase of any good or services through the Site, a Emerald Canna Group representative or in person, and any dispute, claim or controversy arising out of or relating to such or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by final, binding arbitration in Orange County, Washington before three (3) arbitrators; provided, however, that each party retains its right to seek injunctive relief under applicable law in a state court located in King County, Washington. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.
Emerald Canna Group reserves the right to and may disclose any information we have about you, if Emerald Canna Group, in its sole and absolute discretion, determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site or any purchase of products or services through the Site, a Emerald Canna Group representative or in person, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Emerald Canna Group’s rights or property, or the rights or property of Emerald Canna Group’s customers and/or visitors and users of the Site. Emerald Canna Group reserves the right at all times to disclose any information that Emerald Canna Group, in its sole and absolute discretion, deems necessary to comply with any applicable law, regulation, legal process or governmental or quasi-governmental request.
You acknowledge that any and all products or services licensed or sold through the Site, a Emerald Canna Group representative or in person are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received, and you agree to comply with all applicable laws. You agree, represent, and warrant that no products, services or Content will be accessed from, downloaded in, released in, carried to, transferred to, transshipped through, exported to, or re-exported (collectively “Transferred”) to any territory (or national resident thereof), person, entity, or organization to which such products, services or Content could not be Transferred directly from the United States or by a U.S. person without a license, including without limitation to any person on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List.
EMERALD CANNA GROUP ENERGY
Any purchase of Emerald Canna Group Energy products, including without limitation, isobutane, n-butane, propane, ethanol, premixes, custom blends, dry ice, and other solvents is subject to the following additional terms and conditions:
YOU ACKNOWLEDGE THAT THERE MAY BE HAZARDS ASSOCIATED WITH THE USE OF EMERALD CANNA GROUP ENERGY PRODUCTS, THAT YOU UNDERSTAND SUCH HAZARDS, AND THAT IT IS THE RESPONSIBILITY OF YOU TO WARN AND PROTECT ALL THOSE EXPOSED TO SUCH HAZARDS. YOU SHALL HAVE THE SOLE RESPONSIBILITY FOR DETERMINING THE SUITABILITY OF ANY OF EMERALD CANNA GROUP’S PRODUCTS FOR YOUR CONTEMPLATED USE.
Emerald Canna Group may, in addition, to the title and risk provision above, retain as rental any payments received by Emerald Canna Group on account of the purchase price of the products, whether your default shall have occurred before or after delivery. You shall not cover, modify or remove any identification or other indicia of Emerald Canna Group’s ownership on any rental equipment. Title to all rental equipment shall remain in Emerald Canna Group’s name.
You hereby agree to maintain appropriate insurance to adequately cover their respective risks for purchase of products from Emerald Canna Group, with coverage amounts commensurate with levels in their respective markets.
If you find an error or notice something that does not look quite right on the Sites, we would appreciate it if you let us know by contacting us.