Table of Contents
Terms of Service
1. Accepting Our Terms of Service
The following Terms of Service (also referred to as “Terms”) are a legally binding contract between you (“you”, the “User”) and Hemp Save The World. Throughout these Terms of Service the terms “we”, “us” and “our” refer to Hemp Save The World. These Terms of Service lists your rights and responsibilities when you use www.hempsavetheworld.com (the “Site”) and other products and/or services provided by Hemp Save The World (collectively referred to as our “Services”).
We offer a limited, non-exclusive, non-transferable, and revocable license to use our Services to you, the User, conditioned upon your acceptance of all terms, conditions, policies, and notices stated or referenced herein – all of which are considered part of our Terms. If you visit, upload content, and/or engage in transactions on our Site, or use any of our Services, you agree to these Terms of Service, and our other policies. If, at any time, you choose not to accept our Terms of Service, you may not access or use our Services in any manner. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
In addition to agreeing to these Terms of Service, you also agree to policies specific to you based on how you use our Services.
- We consider you a “Buyer” if you browse, shop, and/or make purchases using our Services. See our Buyer Policy.
- We consider you a “Seller” if you upload, list, and/or sell any Seller Offerings using our Services. See our Seller Policy.
We reserve the right to refuse Service to anyone for any reason at any time. By agreeing to our Terms of Service, you also agree to our other policies. By agreeing to our Terms of Service, you also agree to conduct yourself in accordance with our Community Policy.
The headings used in this agreement are included for convenience only and will not define, describe, construe, or limit the scope or extent of the sections herein or otherwise affect these Terms.
2. The Hemp Save The World Marketplace
Hemp Save The World provides, among other things, a marketplace where persons who visit our Site seek information, items, or services (“Buyers”) can browse, shop, and/or purchase industrial hemp-based items or services. Items and services found in our marketplace are offered, sold, and fulfilled by independently licensed businesses or organizations (“Sellers”). Buyers, Sellers, and visitors are collectively referred to herein as “Users,” and the items and services offered by a Seller shall be referred to herein as “Seller Offerings” which are offered by the Seller through their dedicated space (“Store”) in our marketplace. Each Seller Offering provided by a Seller to a Buyer shall constitute a separate agreement between those parties.
Certain items and services are prohibited from our Services, including but not limited to items containing THC, CBD, and other cannabinoids, cannabis flower, paraphernalia used to consume such items, and services specific to the refining and manufacturing of such products. You can find more information in our Seller Policy.
3. Governing Law
You expressly agree that our Services may only be used for lawful purposes as governed by any applicable international, national/federal, state, provincial, territorial, or local laws, statutes, and regulations. You may not use our Services in any way that could result in criminal or civil liability.
Except as provided in Section 15, this agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to choice of law principles and any conflict thereof. This choice of law provision is only intended to specify the use of British Columbia laws to interpret these Terms of Service and is not intended to create any other substantive right to non-British Columbians to assert claims under British Columbia law whether by statute, common law, or otherwise. These laws will apply no matter where in the world you live, but if you live outside of Canada, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
4. General Conditions
These Terms of Service and any policies or operating rules posted by us on our Site or in respect to our Services constitutes the entire agreement and understanding between you and Hemp Save The World and govern your use of our Site and Services, and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Hemp Save The World, including, but not limited to, any prior versions of the Terms of Service.
Certain sections or pages on the Site may contain separate terms and conditions of use, which are in addition to the Terms of Service. Should there be a conflict, the additional terms and conditions will govern those sections or pages.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. We may assign any of our rights and obligations under the Terms. If any part of these Terms of Service is found to be unenforceable, that part will be limited to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect.
If any provision of these Terms of Service is or becomes invalid or non-binding, the parties shall remain bound by all other provisions of these Terms of Service. In the event this occurs, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of these Terms of Service.
In accordance with Section 15, you agree you will notify us in writing of any claim or dispute concerning or relating to your use of our Services and give us a reasonable period of time to address it before bringing any legal action against Hemp Save The World. You agree to submit to the personal jurisdiction of the Provincial and Supreme Courts located in the City of Kelowna, British Columbia, Canada.
These Terms of Service will be binding on, inure to the benefit of, and be enforceable against the parties to this agreement and their respective successors and assignees. Neither the course of conduct between the parties to these Terms of Service nor trade practice shall serve to modify any provision of these Terms of Service. All rights not expressly granted herein are hereby reserved.
5. Your Account and Personal Information
Age Restrictions
You must be 18 years or older to use our Services. Children under 13 years of age are not permitted to use our Site or any of our Services. Minors between 13 and 17 years of age, inclusively, are only permitted to use our Services if done so under direct supervision of a parent or legal guardian through an account owned by the parent or legal guardian. You are responsible for any and all account activity conducted by a minor on your account. There may be products or services available on our Site that are inappropriate for minors, you may want to consider limiting a minor’s access to material online.
Account Activity
You are solely responsible for maintaining the confidentiality of the login details for your account, and are fully responsible for all activities that occur under your account, including activity of others you’ve shared your account with. If you’re registering an account for an organization or business, you personally guarantee that you have the authority to agree to our Terms of Service on behalf of the organization or business. Accounts are not transferable. We do not retain liability or accountability for any activity under your account.
You agree to list and sell your products or services through the Hemp Save The World marketplace, and to not use our Services for lead generation or marketing to direct Users elsewhere like your own website or other selling platform. You may add your social network links to build your following in your Store settings.
Accuracy of Personal, Account, and Billing Information
You must provide truthful and accurate information about yourself. You may not use language that is offensive, vulgar, infringes intellectual property rights, or otherwise violates our Terms. Use of false information or impersonating another person or company through your account is strictly prohibited. Accounts found violating our Terms will be suspended without notice.
You agree to provide current, complete, and accurate billing and account information for all transactions made through our Services. You agree to promptly update your account and other information; including your email address, credit card numbers, and expiration dates; so we can complete your transactions and contact you as needed.
Privacy of Personal Information
Privacy and security of one’s personal information is very serious. It is important you read our Privacy Policy, as it explains how your personal information is used when you use our Services, including but not limited to our use of third-party services. If you continue to use our Services, you agree that we can process your information in the ways set out in our Privacy Policy.
You understand your information and content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. At no point do we store your credit card information, it is immediately encrypted and processed by third-party payment service providers.
Sellers on our Site also process your personal information (for example, your name, email address, and shipping address) when you interact with them while using our Services, therefore they are considered separate and independent data controllers of personal information. Each party is responsible for any personal information it processes in the provision of our Services. For example, if a Seller were to accidentally reveal a customer’s personal information when fulfilling another customer’s request, the Seller will be accountable for that unauthorized disclosure, not Hemp Save The World.
6. General Use of Our Services
In addition to other prohibitions as set forth in our Terms of Service, a breach or violation of any of our Terms of Service will result in either a suspension or immediate termination of your account and our Services to you. By using our Service you further agree:
- You will not use our Services to intentionally or unintentionally violate any applicable local, state, provincial, territorial, national, or international law, (including but not limited to copyright laws);
- You will not engage in anti-competitive conduct, threatening conduct, fraudulent activity (including false claims or infringement notices), theft, or any other unlawful acts or crimes against Hemp Save The World, another User, or a third-party;
- You will use our Services, community, or social media accounts to entice our Sellers to join another selling platform or circumvent our marketplace;
- You will not solicit others to perform or participate in any unlawful acts;
- You will not cause injury to any person or entity;
- You will not harass, abuse, insult, harm, defame, slander, disparage, or intimidate anyone through our Services or discriminate against them based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability and agree to our Community Policy;
- You will not submit false or misleading information, including shilling, and will not use a false e-mail address, pretend to be someone other than yourself, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, or otherwise mislead us or third-parties;
- You will not act in a manner that affects other Users’ ability to engage in real time transactions;
- You will not infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- You will not collect or track the personal information of other Users;
- You will not upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Services or of any related website, other websites, or the Internet;
- You will not spam, phish, pharm, pretext, spider, crawl, or scrape any of our Services or reverse engineer or attempt to obtain the source code of our Services;
- You will not interfere with or circumvent the security features of our Services or any related website, other websites, or the Internet;
- You will not use our Services for any obscene or immoral purpose;
- You will indemnify, defend, and hold harmless Hemp Save The World and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, shareholders, and employees (collectively the “Hemp Save The World Parties”) from any third-party claim(s) and any damages, losses, or injuries resulting from the use of our Services or products or services purchased through our Services;
- You will not to reproduce, duplicate, copy, sell, resell, or exploit any portion of our Services, use of our Services, or access to our Services or any contact on the Site through which our Services are provided, without express written permission by us.
Sellers are required to post their own terms of service; privacy policy; and returns, exchanges, and warranties policy in their individual Stores on our Site. Please carefully review their terms of service, policies, and practices and make sure you understand them before you engage in any transaction.
Your Content, Comments, and Other Submissions
“User Content” includes but is not limited to any usernames, Store names, text, images, photos, audio, videos, location data, ratings, reviews, comments, creative ideas, suggestions, proposals, plans, compilations, messages, or other information; whether online, by email, by postal mail, or otherwise; that is submitted to us or is publicly displayed by you on the Site or through our Services. We don’t make any claim to any User Content you submit to us, including anything you post using our Services.
By submitting User Content to any part of the Site, you represent and warrant that:
- You are the sole author and owner of any intellectual property protected User Content you submit;
- You are solely responsible for any contributions, comments, or postings you submit, including any feedback or questions;
- When you submit User Content to affirm that all information in the content is truthful and accurate, and agree not to post any content that is false or misleading or uses our Services in a manner that is fraudulent or deceptive. We do not verify the accuracy of the information submitted by you;
- You have not been offered, have not accepted, and are not entitled to receive any compensation in any form and from any party in connection with submitted User Content; and
- You will indemnify, defend, and hold harmless Hemp Save The World and the Hemp Save The World Parties from any third-party claim(s) and any damages, losses, or injuries resulting from the display of your User Content.
You further agree and warrant that you will not:
- Submit any User Content that is unlawful, offensive, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or is racially, ethnically, or otherwise objectionable or in violation of our Seller Policy, Community Policy, or any part of our Terms of Service;
- Submit any User Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
- Submit any User Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights or intellectual property of any party;
- Submit any User Content that is false or misleading;
- Invade another’s privacy in any way, including posting another’s personal details without their prior permission;
- Manipulate identifiers in order to disguise the origin of any User Content submitted;
- Intentionally or unintentionally violate any applicable local, state, provincial, territorial, national, or international law.
By submitting User Content to the Site or through our Services you hereby grant us a non-exclusive, royalty-free, irrevocable, worldwide, sub-licensable, perpetual license to use, display, publish, distribute, perform, store, reproduce, edit, modify, translate, and create derivative works of your User Content in any media or medium, form, format, forum, third-party website or service, or advertising platform, without compensation to you. This allows us to provide our Services and to promote Hemp Save The World, our Services, and your Store on our Site. Any unsolicited ideas or other materials you submit to Hemp Save The World (not including Seller Offerings you sell through our Services) are considered non-confidential and non-proprietary to you. You recognise our legitimate interest in using your User Content, in accordance with the scope of this license, to the extent your User Content contains any personal information.
You acknowledge that we have the right, but are not obligated, in our sole discretion, to refuse, move, edit, suspend, remove, or delete any User Content submitted, regardless of whether such content violates these Terms.
We are, and shall be, under no obligation to (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments. We take no responsibility and assume no liability for any comments posted by you or any third-party.
As stated before, it is a violation of these Terms to post or upload User Content you don’t own or have legal rights to. If your User Content is alleged to infringe another person’s intellectual property, we will notify you and either disable it if we receive proper notice or terminate your account if you are found to be a repeat infringer. We want to protect all our Users and their content. If you find your User Content has been posted or uploaded to our Services without your permission, and if you want it removed, please read Section 17 below.
Seller Offerings
Independent Sellers on our Site make their Seller Offerings available for your purchase based on their Store’s respective terms of service; privacy policy; and returns, exchanges, and warranties policy. By transacting with a Seller, you accept their respective policies in addition to ours. We will not be held liable for Seller Offerings purchased through our Services. We do not guarantee the availability of any Seller Offerings and do not warrant the quality of any Seller Offerings purchased or obtained by you will meet your expectations. If you are unsatisfied with your transaction, we encourage you to submit a complaint with the respective Seller.
All images, descriptions, and pricing of Seller Offerings are subject to change at any time without notice at the sole discretion of the Seller, as long as the changes don’t violate our Terms of Service. We reserve the right to discontinue any product or service at any time.
We have made every effort on our part to display as accurately as possible the colours and images of the Seller Offerings that appear on our Site. We cannot guarantee your computer monitor’s display of any colour will be accurate.
7. Seller Accounts
You may apply for a Seller account if you would like to offer goods or services to other Users through our Services. Applications for Seller accounts require our approval before they may be used. By applying to become a Seller through our Services, you agree to our Seller Policy and our Terms of Service.
Relationship with Hemp Save The World
Your use of our Services does not create, and nothing contained in these Terms will be deemed to establish, an employment, agency, franchisor-franchisee, joint venture, or partnership relationship between you and Hemp Save The World. Use of our Services does not provide you with the authority to enter into any agreements for, or on behalf of, Hemp Save The World. Moreover, use of our Services does not grant you the authority, either express or implied, to incur obligations or liability on behalf of Hemp Save The World. By using our Services, you agree that no attempts to subject Hemp Save The World to any such obligations or liability will be made.
You acknowledge and agree that you are an independent business, and we only provide an additional venue through which you may provide your Seller Offerings. Hemp Save The World does not, and shall not be deemed to, control or direct you in your performance or otherwise, including in connection with your Seller Offerings, provision of your Seller Offerings, your acts or omissions, or your operation unless otherwise stated in these Terms of Service. You have complete discretion to provide your Seller Offerings, or otherwise engage in any other business or employment activities, to individuals or other companies, or through other companies’ services, and you agree that Hemp Save The World does not, and shall not be deemed to, restrict you from engaging in any such activity unless such activity conflicts with any part of these Terms of Service, including provisions previously outlined regarding Confidential Information.
You agree not to encourage Users to participate in transactions outside of our Services in an attempt to avoid paying our fees, and acknowledge such behaviour may lead to the suspension or termination of your account. A transaction initiated on Hemp Save The World may not be completed off of Hemp Save The World. You have the right to determine when, where, and for how long you will utilize our Services. You retain the option to accept, decline, or ignore a User’s request for your Seller Offerings listed through our Services. You may cancel the provision of your Seller Offerings through our Services at any time.
Seller Representations, Warranties, and Agreements
By becoming a Seller and providing Seller Offerings through our Services, you agree to our Seller Policy and represent, warrant, and agree that:
- You meet all applicable legal requirements in all applicable jurisdiction(s), including but not limited to obtaining and possessing a valid business license and all appropriate permits, licenses, approvals, and authority required to sell your items and/or services to Buyers in all jurisdictions in which you provide Seller Offerings;
- You have a valid policy of liability insurance, in coverage amounts consistent with all applicable legal requirements, that names you for the operation of the business you use to provide Seller Offerings;
- You will provide us evidence that verifies the legality of your business prior to approval of your Seller account;
- You will not sell anything or provide any service that violates any laws, and will comply with our Seller Policy;
- You will not attempt to defraud Hemp Save The World or other Users through our Services or in connection with your provision of Seller Offerings. If we suspect that you have engaged in fraudulent activity we reserve the right to terminate your account without notice;
- You will not harass, abuse, insult, harm, defame, slander, disparage, or intimidate anyone through our Services or discriminate against them based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability. We reserve the right to terminate your account without notice for failure to comply; and agree to our Community Policy;
- You will pay all amounts you owe to us or other Users promptly. You can find more information about subscriptions, fees, and payments in our Seller Policy.
You will pay all applicable federal, state, provincial, territorial, and local taxes based on your provision of Seller Offerings and any payments received by you. You can find more information about taxes in our Seller Policy.
The address you provide when registering your Seller account will be used to refine products or Sellers by geolocation when Users conduct searches through our Service. You agree this data may be used to improve our Services, and that Google may collect and process this data according to Google’s terms and privacy policy.
Seller’s Terms and Conditions
You agree to upload and maintain your own Terms and Conditions to your Store which should include, but is not limited to, details about: returns, exchanges, refunds, warranties, cancellations, shipping, privacy and any other terms you may have. Users may review your Terms and Conditions prior to engaging in transactions with your Store. You acknowledge and agree that transactions between you and a Buyer are governed by your Terms and Conditions, our Terms of Service, and our other policies. If a conflict arises between your Terms and Conditions and our Terms of Service or our policies, our Terms of Service and policies will prevail.
Confidential Information
Through the use of our Services, we may share certain information with you in confidence (“Confidential Information”). Confidential Information includes, but is not limited to, all strategic, financial, technical, Services, and other proprietary and confidential information relating to the operations, business, and properties of Hemp Save The World, and Users’ personal information made available to you through Users’ use of our Services, which may include the User’s name, contact information, and shipping address. You agree to take all reasonable measures to protect the secrecy of Confidential Information and will avoid disclosure and use of Confidential Information in order to prevent it from falling into the public domain.
Other than what is necessary for fulfilment of your Seller Offerings listed through our Services, you agree not to use any Confidential Information for your own use other than uses contemplated herein, and that you will not store Confidential Information outside of and separate from our Services. You further agree you will not disclose or permit disclosure of any Confidential Information to third-parties unless necessary for fulfilment of your Seller Offerings listed through our Services.
Notwithstanding the above, you shall not have liability to Hemp Save The World with regard to any Confidential Information which you can prove: was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Hemp Save The World; becomes known to you, without restriction, from a source other than Hemp Save The World without breach of these Terms of Service by you and otherwise not in violation of Hemp Save The World’s rights; was in the public domain at the time it was disclosed by Hemp Save The World or has entered the public domain through no fault of yours; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you shall provide prompt notice of such court order or requirement to Hemp Save The World to enable Hemp Save The World to seek a protective order or otherwise prevent or restrict such disclosure.
If you and Hemp Save The World are found to be joint data controllers of Users’ personal information, and if we are fined, sued, or otherwise incur expenses because of your actions as a joint data controller of Users’ personal information, you agree to indemnify Hemp Save The World for the expenses incurred in connection with your processing of Users’ personal information. More information about your indemnification obligations to Hemp Save The World can be found in the section below titled ‘Indemnification.’
8. Termination
These Terms of Service are effective between you and us unless and until terminated by either you or us. Even after your access to our Service is terminated, or your use of our Service ends, the obligations, liabilities, and amounts due of the parties incurred up to and including the date of termination shall survive the termination of this agreement for all purposes.
You may terminate your account with Hemp Save The World at any time if you no longer wish to use our Services. You can terminate your account from your account settings. If you do, your Store will be deleted and all of your Seller Offerings will be set to ‘draft’ status, and may be deleted. User Content posted by you through the Services prior to termination may not be affected by the termination of your account.
A transaction initiated on Hemp Save The World may not be completed off of Hemp Save The World. We retain the right to terminate your account if you are found to participate in a transaction outside of our Services and if such transaction originated through our Services and if such transaction is undertaken in an attempt to avoid paying our fees.
We may terminate or suspend your account and any accounts related to your account, and your access to our Services, at any time without notice if, in our sole judgment, you fail, or we suspect you have failed, to comply with any term or provision of these Terms of Service, and remove and discard your User Content for any reason if we believe you have violated or acted inconsistently with these Terms.
We reserve the right to change, suspend, or discontinue any of our Services for any User, including any accounts, at any time, for any reason. If we do, you agree and understand you don’t have a legal or contractual right to continue using our Services. We will not be liable to you or any third-party for the effect this has, including revenues generated through our Services.
If your account is terminated, you may lose any information associated with your account, including any and all of your User Content. We will notify you if your account has been terminated or suspended. However, we will not notify you if regulatory or legal reasons prevent us from doing so, or you’ve repeatedly violated our Terms of Service.
9. Disclaimer of Warranties and Limitation of Liability
You understand Hemp Save The World does not design, manufacture, inspect, authenticate, store, offer, or provide any of the Seller Offerings listed through our Services, specifically our marketplace. You understand we provide the venue in which transactions for Seller Offerings occur between you and independent Sellers, and Seller Offerings in our marketplace are listed, offered, sold, and provided directly by Sellers using our Services, thus we can not and do not make any warranties about the quality, safety, or legality of the Seller Offerings listed through our Services. Any issues you have, including legal claims, related to any Seller Offerings you purchase through our Services must be brought directly against the Seller. You agree to release Hemp Save The World from any claims related to Seller Offerings purchased through our Services, including but not limited to claims for physical injury, defectiveness, or misrepresentations by Sellers, or their Seller Offerings. Any material downloaded or otherwise obtained through our Services is acquired at your own discretion and risk and you will be solely responsible for any damage to your own computer system or loss of data that results from the download of any such material.
While using our Services you may encounter content you find inappropriate, inaccurate, or offensive. We are not responsible for the accuracy, completeness, decency, or legality of content posted or uploaded by Users that you encounter through our Services. You release us from all liability relating to that content. We make no representations concerning any content posted by Users through our Services.
You may interact with other individuals when using our Services. We encourage you to exercise caution and good judgment when interacting with others, especially if you are meeting someone in person. We do not screen Users of our Services, and you release us from all liability relating to your interactions with other Users.
Our Services may contain content, products, and/or services from third-parties, including links to third-party websites or services that we don’t own or control. Some of our Services may require you to use third-party products or services. When you access these third-party services, you do so at your own risk. We are not responsible for examining or evaluating these third-party assets and we do not warrant and will not have any liability or responsibility for these assets. We are not liable for any harm or damages related to the purchase or use of items, services, resources, content, or any other transactions made in connection with any third-party websites. The third-parties may require you to accept their own terms of use. Please carefully review the third-party’s terms of service, policies, and practices and make sure you understand them before you engage in any transaction. Hemp Save The World is not a party to those agreements; they are solely between you and the third-party. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third-party.
You acknowledge that we do not make any warranties with respect to gift cards offered by Sellers and are not responsible for any alteration, theft, destruction of, or unauthorised access to gift cards or gift card codes resulting from any action by you or a third-party. Your use of gift cards may be suspended or prohibited if they, or their codes, have been reported lost or stolen, or if we believe they are being used suspiciously, fraudulently, or in an otherwise unauthorised manner. If your gift card code stops working, you may contact the respective issuer to issue you a replacement gift card code. By participating in one of our promotions or special offers, you may not later claim the rules of that special offer or promotion were ambiguous. Any concerns regarding gift cards issued by a Seller must be addressed directly with the respective Seller.
HEMP SAVE THE WORLD DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. HEMP SAVE THE WORLD DOES NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE, RELIABLE, OR MEET YOUR EXPECTATIONS. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE OUR SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL OUR SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU.
HEMP SAVE THE WORLD DOES NOT WARRANT OR GUARANTEE THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF OUR SERVICES AND DISCLAIMS ANY LIABILITY FOR ERRORS OR OMISSIONS IN OUR SERVICES. OUR SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY, EITHER EXPRESSED OR IMPLIED. HEMP SAVE THE WORLD DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE, OR ANY WARRANTY THAT OUR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES THAT ARE NOT SUBJECT TO EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF SERVICE. YOU USE OUR SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NEITHER HEMP SAVE THE WORLD OR THE HEMP SAVE THE WORLD PARTIES BE LIABLE FOR ANY INJURY, LOSS, OR CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO BUSINESS INTERRUPTION, LOST REVENUE, LOST PROFITS, LOST SAVINGS, LOST GOODWILL, LOST DATA, REPLACEMENT COSTS, OTHER INTANGIBLE LOSSES, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF, OR INABILITY TO USE, ANY OF OUR SERVICES OR THE INFORMATION CONTAINED IN OUR SERVICES OR ANY PRODUCTS OR SERVICES PROCURED USING OUR SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE OF OUR SERVICES OR CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OUR SERVICES OR ANY CONTENT (OR PRODUCT OR SERVICE) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HEMP SAVE THE WORLD’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) CANADIAN DOLLARS (CAD) OR THE AMOUNT YOU PAID HEMP SAVE THE WORLD IN THE PAST TWELVE MONTHS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10. Our Content and Intellectual Property
We retain all right, title, and interest, including all intellectual property rights, in and to the information and content on our Services, including, without limitation, any advertisements, announcements, articles, audio clips, blog posts, buttons, case studies, checklist, contests, e-books, e-courses, e-mails, graphics, icons, images, infographics, long-form content, news releases, photos, podcasts, print materials, presentations, promotions, social media content, templates, text, video clips, webinars, website content, and white papers (“Our Content”). Our Content does not include any aforementioned User Content uploaded by our Users, or any content made available to us by third-parties. Unless otherwise specified, Our Content should not be construed as a representation of the opinions of Hemp Save The World.
We provide Our Content for the benefit of our Users. You acknowledge and agree that Our Content is provided for informational and educational purposes 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 and is not a substitute for professional advice or your best judgment.
The accuracy of any content on our Services is not guaranteed, and we make no representation or warranty of any kind. We are not responsible if content made available through our Services is inaccurate, incomplete, or outdated. We reserve the right to modify Our Content at any time, but we have no obligation to update any information on our Services. You agree that it is your responsibility to monitor changes on our Services, and your reliance upon Our Content obtained through our Services is solely at your own risk. All rights not expressly granted in these Terms of Service are reserved to us.
Unless otherwise specifically set forth in our Terms of Service or unless our written consent is provided, you may only access, download, copy, and use Our Content for your personal, non-commercial use, and you will not alter, erase, or otherwise obscure our copyright, trademark, notices, or other proprietary properties of Our Content.
Acceptance of these Terms of Service grant you no right, title, or interest in any intellectual property owned or licensed by us, including the name “Hemp Save The World,” our registered trademarks, service marks, logos, brand names, phrases, designs, trade dress, or trade names (“Trademarks”). You have no rights in or to Our Content or Trademarks. You may not use or display, or allow anyone else to use or display, Our Content or Trademarks in any commercial use, except as specifically permitted under these Terms of Service and without our prior written consent. Unless we specifically consent in writing, our Trademarks may not be used in connection with any product or service that is not offered by us, in any manner that is likely to cause confusion, or in any manner that disparages or discredits us.
11. Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Site or in our Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in our Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related website, should be taken to indicate that all information on the Site or on any related website has been modified or updated.
12. Promotions and Loyalty and Referral Programs
At our sole discretion, we may make available promotions, loyalty, or referral programs to any prospective or current Users. Unless made to you, these promotions and programs shall have no impact whatsoever on your relationship with us or your agreement to these Terms of Service. We reserve the right to withhold or deduct credits or benefits obtained through a promotion or program in the event we determine or believe the redemption of the promotion or receipt of the credit or benefit was fraudulent, in error, illegal, or otherwise in violation of the respective promotion or program’s terms or of these Terms of Service. We reserve the right, in our sole discretion, without notice to you, to cancel, discontinue, or terminate any promotions or programs at any time.
13. Electronic Communication
You acknowledge and agree we will communicate and provide information to you electronically rather than physical mail, and that your electronic agreement is the same as your signature on paper. Any notices to you shall be provided to you through our Services or given to you via the email address you provided to Hemp Save The World during the registration process.
14. Disputes with Other Users
If you have a dispute with another User of our Services or a third-party, we encourage you to contact the other party directly and try to resolve the dispute with the party in a friendly and peaceable manner.
If your attempts to resolve a dispute directly with another User or third-party have proven unsuccessful, and if the dispute is related to a transaction on our Services, Users may submit their dispute case to us by contacting our support team. We will attempt to help you resolve disputes with other User and third-parties of our Services in good faith, based on our sole discretion of our Terms of Service and our policies. We will not make judgments regarding legal issues or claims. You understand we have no obligation to resolve any disputes, and further acknowledge and agree to release us from any claims, demands, or damages arising out of disputes with other Users or third-parties.
15. Disputes with Hemp Save The World
If you have an issue with us or our Services, let us know so we may hopefully resolve your issue and improve moving forward, we’ve outlined an optional pre-arbitration negotiation process in Section 15(i) below. However, if we can’t resolve the issue, then the following rules will govern any legal dispute involving our Services. By using our Services, you agree to the following dispute resolution process and binding arbitration agreement:
(a) Agreement to Binding Arbitration Between You and Hemp Save The World
YOU AND HEMP SAVE THE WORLD MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Commercial Arbitration Act (“CAA”); but if the CAA is inapplicable for any reason, then this Arbitration Agreement is governed by the laws of the Province of British Columbia, without regard to choice of law principles. This Arbitration Agreement survives termination of these Terms of Service or if your relationship with Hemp Save The World ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and Hemp Save The World, including all Hemp Save The World Parties. This Arbitration Agreement also applies to claims between you and Hemp Save The World’s service providers, including but not limited to background check providers and payment processors; and such service providers shall be considered intended third-party beneficiaries of this Arbitration Agreement.
Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND HEMP SAVE THE WORLD. These Claims include, but are not limited to, any dispute, claim, or controversy, whether based on past, present, or future events, arising out of or relating to: our Terms of Service and prior versions thereof (including the interpretation, enforcement, breach, termination, or validity thereof); our Services; Seller Offerings; background checks performed by or on Hemp Save The World’s behalf; the threatened or actual suspension, deactivation, or termination of your account or these Terms of Service; payments made by you or any payments made or allegedly owed to you; Hemp Save The World promotions, offers, gift cards, or referral or loyalty programs; any other goods or services made available through our Services; your relationship with Hemp Save The World; trade secrets; unfair competition; compensation; wrongful termination; discrimination; harassment; retaliation; fraud; defamation; emotional distress; breach of any express or implied contract or covenant; claims arising under federal, provincial, territorial, or state consumer protection laws; claims arising under antitrust laws; claims arising under the Business Practices and Consumer Protection Act, Canadian Human Rights Act, Telecommunications Act, Personal Information Protection and Electronic Documents Act, Age of Majority Act, Canada Business Corporations Act, Competition Act, Copyright Act, Patent Act, Trade-marks Act, Bills of Exchange Act, Consumer Packaging and Labelling Act, Textile Labelling Act, Weights and Measures Act; and claims arising under federal, provincial, territorial, or state statutes, if any, addressing the same or similar subject matters and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability, or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND HEMP SAVE THE WORLD ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.
If we make any changes to this ‘Disputes with Hemp Save The World’ section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against Hemp Save The World prior to the date the changes became effective. Hemp Save The World will notify you of substantive changes to the ‘Disputes with Hemp Save The World’ section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Hemp Save The World a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Hemp Save The World in accordance with the provisions of this ‘Disputes with Hemp Save The World’ section as of the date you last accepted our Terms of Service, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of our Terms of Service.
(b) Prohibition of Class Actions and Non-Individualized Relief
YOU UNDERSTAND AND AGREE THAT YOU AND HEMP SAVE THE WORLD MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND HEMP SAVE THE WORLD ARE BOTH WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION (B) SHALL NOT APPLY TO REPRESENTATIVE CLASS PROCEEDINGS ACT CLAIMS BROUGHT AGAINST HEMP SAVE THE WORLD, WHICH ARE ADDRESSED SEPARATELY IN SECTION 17(C).
The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims.
Notwithstanding any other provision of these Terms of Service, the Arbitration Agreement, or the CAA Rules, disputes regarding the interpretation, applicability, or enforceability of the Class Action Waiver may be resolved only by a court and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable with respect to any Claim or any particular remedy for a Claim (such as a request for public injunctive relief), then that Claim or particular remedy (and only that Claim or particular remedy) shall be severed from any remaining claims and/or remedies and may be brought in a court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims or remedies to the fullest extent possible.
(c) Representation and Power of Attorney Waiver
Notwithstanding any other provision of these Terms of Service or the Arbitration Agreement, to the fullest extent permitted by law: (1) you and Hemp Save The World agree not to bring a representative action on behalf of others under the Class Proceedings Act, in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under the British Columbia Class Proceedings Act, both you and Hemp Save The World agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “representative Class Proceedings Act Waiver”). Notwithstanding any other provision of these Terms of Service, the Arbitration Agreement, or the CAA Rules, disputes regarding the scope, applicability, enforceability, revocability, or validity of this representative Class Proceedings Act Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative Class Proceedings Act Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from these Terms of Service; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative Class Proceedings Act or other representative Class Proceedings Act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative Class Proceedings Act Waiver is unenforceable with respect to those Claims, the parties agree that litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.
(d) Rules Governing the Arbitration
You and Hemp Save The World agree that any dispute or claim arising from or relating to our Terms of Service shall be settled by final and binding arbitration, using the English language, administered by the Canadian Arbitration Association (the “CAA”) under its Arbitration Rules (the “CAA Rules”) that are in effect at the time the arbitration is initiated, as modified by the terms set forth in these Terms of Service. Copies of these rules can be obtained at the CAA’s website.
Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of CAA Rules, but in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding. The parties may select a different arbitration administrator upon mutual written agreement.
As part of the arbitration, both you and Hemp Save The World will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision which shall explain the award given and the findings and conclusions on which the decision is based.
The arbitrator will decide the substance of all claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Buyers or Sellers, but is bound by rulings in prior arbitrations involving the same Buyer or Seller to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.
(e) Fees and Awards of Arbitration
Payment for any and all reasonable CAA filing, administrative, and arbitrator fees will be in accordance with the CAA Rules, subject to the following modifications:
- If Hemp Save The World initiates arbitration under this Arbitration Agreement, Hemp Save The World will pay all CAA filing and arbitration fees.
- With respect to any Claims brought by Hemp Save The World against a Seller, or for Claims brought by a Seller against Hemp Save The World that: (A) arise out of, or relate to, Hemp Save The World’s actual deactivation of a Seller’s account or a threat by Hemp Save The World to deactivate a Seller’s account; (B) arise out of, or relate to, Hemp Save The World’s actual termination of a Seller’s agreement with Hemp Save The World under the termination provisions of these Terms of Service, or a threat by Hemp Save The World to terminate a Seller’s Agreement; (C) arise out of, or relate to, amounts owed by Hemp Save The World to Sellers for Seller Offerings, other than disputes relating to referral bonuses, other Hemp Save The World promotions, or consumer-type disputes, or (D) arise out of or relate to background checks performed in connection with a person seeking to become a Seller (the subset of Claims in subsections Section 15(e)(2)(A)-(D) shall be collectively referred to as “Seller Claims”), Hemp Save The World shall pay all costs unique to arbitration (as compared to the costs of adjudicating the same claims before a court), including the regular and customary arbitration fees and expenses (to the extent not paid by Hemp Save The World pursuant to the fee provisions above). However, if you are the party initiating the Seller Claim, you shall be responsible for contributing an amount up to an equal amount of the filing fee that would be paid to initiate the claim in the court of general jurisdiction in the province, territory, or state in which you provide Seller Offerings to Buyers, unless a lower fee amount would be owed by you pursuant to the CAA Rules, applicable law, or Section 15(e)(1) above. Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator. For purposes of this Section 15(e)(2), the term “Seller” shall be deemed to include both Sellers and Seller applicants who have not been approved to become a Seller.
- Except as provided in the Arbitration Act or any provincial, territorial, or state equivalents, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the claim(s) were litigated in a court such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.).
- At the end of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to you if you prevail, to the extent authorized by applicable law.
- Although under some laws Hemp Save The World may have a right to an award of attorneys’ fees and non-filing fee expenses if it prevails in an arbitration, Hemp Save The World agrees that it will not seek such an award unless you are represented by an attorney or the arbitrator has determined that the claim is frivolous or brought for an improper purpose (as measured by the standards of the Arbitration Act).
- If the arbitrator issues you an award that is greater than the value of Hemp Save The World’s last written settlement offer made after you participated in good faith in the optional negotiation process described in Section 15(i) below, then Hemp Save The World will pay you the amount of the award or $1,000 CAD, whichever is greater.
(f) Location and Manner of Arbitration.
If CAA arbitration is unavailable in your country, the arbitration hearings will take place in the nearest available location for a CAA arbitration. Your right to a hearing will be determined by the CAA Rules.
We’re based in British Columbia, so any legal action against Hemp Save The World related to our Services must be filed and take place in Kelowna, British Columbia. For all actions under the CAA Rules, the proceedings may be filed where your residence is, or in Kelowna, British Columbia, and any in-person hearings will be conducted at a location which is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances. For any actions not subject to arbitration or mediation, you and Hemp Save The World agree to submit to the personal jurisdiction of a provincial or federal court located in Kelowna, British Columbia.
(g) Exceptions to Arbitration
This Arbitration Agreement shall not require arbitration of the following types of claims: (1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction; (2) a representative action brought on behalf of others under the Class Proceedings Act or other private attorneys general acts, to the extent the representative Class Proceedings Act Waiver in Section 15(c) of such action is deemed unenforceable by a court of competent jurisdiction under applicable law not preempted by the CAA; and (3) claims that may not be subject to arbitration as a matter of generally applicable law not preempted by the CAA. Where these claims are brought in a court of competent jurisdiction, Hemp Save The World will not require arbitration of those claims. Hemp Save The World’s agreement not to require arbitration of these claims does not waive the enforceability of any other provision of this Arbitration Agreement (including without limitation the waivers provided in Section 15(b)), or of the enforceability of this Arbitration Agreement as to any other dispute, claim, or controversy.
Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with local, provincial, territorial, state, or federal agencies, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration. However, should you bring an administrative claim, you may only seek or recover money damages of any type pursuant to this arbitration provision, and you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint. Nothing in these Terms of Service or Arbitration Agreement prevents your participation in an investigation by a government agency of any report, claim, or charge otherwise covered by this arbitration provision.
If you are a government agent or entity using our Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, our Terms of Service and any action related to our Terms of Service will be governed by Canadian Law (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the Province of British Columbia.
(h) Severability
Except as otherwise provided in the severability provisions in Section 15(b) and Section 15(c) above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the CAA, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
(i) Optional Pre-Arbitration Negotiation Process
Before initiating any arbitration or proceeding, you and Hemp Save The World may agree to first attempt to negotiate any dispute, claim, or controversy between the parties informally for 30 days, unless this time period is mutually extended by you and Hemp Save The World. A party who intends to seek negotiation under this subsection must first send to the other a written notice of the dispute (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct, and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged, and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
16. Indemnification
You agree to indemnify, defend, and hold harmless Hemp Save The World and the Hemp Save The World Parties, harmless from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys’ fees and costs incurred by the Hemp Save The World Parties, in connection with (i) any claim by a third-party (including any intellectual property claim) arising out of your use of our Services and any material you access using our Services or by any other means; (ii) a third-party’s use of such material that you access using our Services and make available to such third-party; or (iii) your violation of these Terms or any applicable law. You further agree that you will cooperate fully in the defense of any such claims. Hemp Save The World reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Hemp Save The World or the relevant Hemp Save The World Parties.
17. Notification of Infringing Copyright-Protected Content
Content may be made available by third-parties not within our control through our Services. We are under no obligation to, and do not, scan content used in connection with our Services for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit content known by us to infringe upon another party’s copyright to remain on our Services.
To notify us of alleged copyright or trademark infringement on the Site, in accordance with Copyright Act (R.S.C., 1985, c. C-42) §41.25 (2), you should provide us with written notice that at a minimum contains:
- state the claimant’s name and address and any other particulars prescribed by regulation that enable communication with the claimant;
- identify the work or other subject-matter to which the claimed infringement relates;
- state the claimant’s interest or right with respect to the copyright in the work or other subject-matter;
- specify the location data for the electronic location to which the claimed infringement relates;
- specify the infringement that is claimed;
- specify the date and time of the commission of the claimed infringement; and
- contain any other information that may be prescribed by regulation.
All Notifications of Claimed Copyright Infringement should be sent to our designated agent as follows:
Copyright Contact:
Hemp Save The World
copyright@hempsavetheworld.com
Upon receipt of the above information, we will promptly investigate and take appropriate action, then notify you of that action at the contact information you’ve provided.
18. Modifications to Our Services and Prices
We reserve the right at any time to modify or discontinue our Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of our Services. Prices for our Services are subject to change without notice, although we will make efforts to notify you. We may, in the future, offer new services and/or features through our Site or Services, the use of which shall also be subject to these Terms of Service.
19. Changes to Terms of Service
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. However, if we believe the changes are material, we will notify you of substantive changes to these Terms of Service at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Hemp Save The World a written notification (including email address) or close your account within those 30 days. All changes will be effective upon the posting of the changes unless otherwise specified. Your continued use of our Site or our Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes. If you reopen your closed account or create a new account, you agree to be bound by the current version of our Terms of Service.
20. Contact Information
Questions about our Terms of Service, or any of our policies, can be emailed to us at info@hempsavetheworld.com.
*In some countries, the preceding may not apply to you and/or you may have additional rights.
