Terms of Service
Last Updated: January 30, 2021
These Terms of Service (the “Terms”) govern your use of gmbfarms.com (the “Site”), which is provided by GMB Farms Corp., its affiliates or agents (referred to as “GMB Farms,” “Company,” “us,” “we,” or “our”) and apply to all users visiting this Site by access or using the site in any way, including the Services and resources available or enabled via the Site (each a “Service”). By accessing this Site, completing the registration process, and/or browsing the Site, and/or purchasing products form the Site, you are indicating your acknowledgement and acceptance of these Terms of Service. You represent that: (1) you have read, understand, and agree to be bound by these Terms of Service and any policies referenced to and incorporated herein; (2) you are of legal age to form a binding contract with us, and (3) you have the authority to enter into the Terms of Service personally or on behalf of the company you have named as the user, and to bind that company to these Terms of Service. The term “you” refers to the individual or legal entity, as applicable, identified as the user when registering on the Site. If you do not agree to be bound by these Terms of Service, you may not access or use this Site or the Services.
SECTION 1 – CHANGES TO TERMS
These Terms are subject to change at any time in our sole discretion. When changes are made, we will make a new copy of the Terms available at the Site. We will also update the “Last Updated” date at the top of the Terms. If we make any material changes, and you have registered with us to create an Account), we will also send an email to you at the last email address you provided us pursuant to the Terms. Any changes to eh Terms will be effective immediately for new users of the Site and will be effective thirty (30) days after posting notice of such changes on the Site for existing users, provided that any material changes shall be effective for users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the site or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users (defined in the Registration section below). We may require you to provide consent to the updated Terms in a specified manner before further use of the Site is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Site or Services. Otherwise, your continued use of the Site and/or Services constitutes your acceptance of such change(s). Please regularly check the Site to view the then-current Terms.
SECTION 2 – TERMS OF SALE AND REFUND POLICY
Complete terms of purchase are provided at checkout. By agreeing to the terms and conditions you agree that you understand that the products purchased contain cannabinoids from. Compliant agricultural hemp and hemp oil. As these products have not been evaluated by the FDA, we make no claims as to any benefits from our products.
For visit our Refund Policy for more details.
SECTION 3 – ACCESS TO THE SITE
This Site is intended for users twenty-one (21) years of age or older. If you are under twenty-one years of age, do not use or access this Site for any reason and please exit this Site immediately. You must be of legal age required by the state or province you are in to purchase our products. It is your responsibility to know you are legally able to purchase our products.
To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide on this Site will be your correct, current, and complete information. If we believe the information you provide is not correct, current, or complete, or is an impersonation of someone else, we have the right to refuse you access to the Site or any of its resources, to terminate or suspend your access at any time, and delete any comments you have posted, all without prior notice.
SECTION 4 – USE OF THE SERVICES AND COMPANY PROPERTIES
The Site, the Services, the Content (defined in the License to Use the Site section), and the information and content available on the site and in the Services (as these terms are defined herein) (collectively, the “Company Properties”) are protected by copyright laws throughout the world. Subject to the Terms of Service, Company grants you a limited license to reproduce portions of Company Properties for the sole purpose of using the Services for your personal or internal business purposes.
SECTION 5 – REGISTERING YOUR ACCOUNT
In order to access certain features of Company Properties, you may be required to become a Registered User. For the purposes of the Terms, a “Registered User” is a user who has registered an account on the Site (“Account”).
SECTION 6 – SECURITY
Any passwords used for the Account for this site are for individual use only. You will be responsible for the security of your password (if any) and you agree to accept responsibility for all activities that occur under your account or password. We have the right to monitor your password and, at our discretion, require you to change it. If you use a password that we consider insecure, we will have the right to require the password to be changed and/or terminate your Account. You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, we have the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. We reserve the right to investigate suspected violations of these Terms of Service, and we reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any Submission that is believed to violate these Terms of Service.
SECTION 7 – REGISTRATION DATA
In registering an account on the site, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least twenty-one (21) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using Company Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Company Properties by minors. You may not share your Account or password with anyone, and you agree to (1) notify Company immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your Account and refuse any and all current or future use of Company Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account. Company reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use Company Properties if you have been previously removed by Company, or if you have been previously banned from any of Company Properties.
SECTION 7 – YOUR ACCOUNT
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Company.
SECTION 8 – FEES AND PAYMENT TERMS
You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide Company with a valid credit card (Visa, MasterCard, Discover or any other issuer accepted by us). By providing Company with your credit card number and associated payment information, you agree that Company, and its third-party service provides for payment services are authorized to immediately invoice your Account for all fees and charges due and payable to Company hereunder and that no additional notice or consent is required. You agree to immediately notify Company of any change in your billing address or the credit card used for payment hereunder. Company reserves the right at any time to change its prices and billing methods, either immediately upon posting on Company Properties or by e-mail delivery to you.
SECTION 9 – TAXES
Company’s fees are net of any applicable Sales Tax. If any Services, or payments for any Services, under the Terms of Service are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Company, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Company for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that Company is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
SECTION 10 – WITHHOLDING TAXES
You agree to make all payments of fees to Company free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to Company will be your sole responsibility, and you will provide Company with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.
SECTION 11 – THIRD PARTY PROVIDER
SECTION 12 – LICENSE TO USE THE SITE
Subject to your compliance with these Terms of Service, we or our content providers (as applicable) grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the materials and content (collectively, the “Content”) on this Site. This license does not allow you to resell or make any commercial use of the Site, its Contents or our products sold through the Site; make any derivative use of any of our Content; download, copy, or other use any account information for the benefit of any third party; or use any data mining, robots, or similar data gathering and/or extraction tools. All rights not expressly granted to you in these Terms of Service are reserved and retained by us or our licensors, suppliers, publishers, rights-holders, or other content providers. No Content on, or product sold through, this Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior express written consent. You may not misuse our products or Content. You may use our Site only as permitted by law and these Terms of Service. The licenses we have granted you terminate if you do not comply with these Terms of Service.
SECTION 13 – RESTRICTIONS ON USE
You may use this site only for the purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose, without our express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, (ii) frame or use framing techniques to enclose any of our or our Content owner’s trademarks, logos, or other proprietary information (including images, text, page layout, or form), (iii) hyperlink to this site, or (iv) use any meta tags or any other "hidden text" using our name or trademarks without the express prior written permission of one of our authorized representatives. For purposes of these Terms of Service, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that associates our product with someone other than us or that such other party has the right to display, publish, or distribute this Site or Content accessible within this site. You agree to cooperate with our Company in causing any unauthorized co-branding, framing or hyperlinking to cease immediately.
No material from this site may be modified, translated, decompiled, disassembled, broadcast, licensed, sublicensed, transferred, sold, mirrored, framed, exploited, rented, leased, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.
SECTION 14 – PROPRIETARY INFORMATION
The Content accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by us is our proprietary information or the proprietary information of the party that provided the Content to us, and we or the party that provided the Content to us retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, displayed or transmitted in any way without our prior written consent, or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Service violates our intellectual property rights. You do not obtain title or any rights, including but not limited to intellectual property rights, to any of the Content as a result of accessing this site.
SECTION 15 – HYPERLINKS
This site may be hyperlinked to other sites which are not maintained by, or related to, us. Hyperlinks to such sites are provided as a service to our users and are not sponsored by or affiliated with this site or with us. We have not reviewed such sites and are not responsible for the Content of those sites. Hyperlinks are to be accessed at your own risk, and we make no representations or warranties about the Content, completeness or accuracy of these hyperlinks or the sites hyperlinked to this site. Further, the inclusion of any hyperlink to a third-party site does not necessarily imply that we endorse that site.
SECTION 16 – SUBMISSIONS
SECTION 17 – LIMITATION OF LIABILITY
Disclaimer of Certain Damages
You understand and agree that in no event shall Company parties be liable for any loss of profits, revenue or data, indirect, incidental, special, or consequential damages arising out of or in connection with Company Properties, or damages or costs due to loss of production or use, business interruption, procurement of substitute goods or services, whether or not Company has been advised of the possibility of such damages, arising out of or in connection with the Terms, or from any communications, interactions or meetings with other users of Company Properties, on any theory of liability, resulting from: (1) the use or inability to use Company Properties; (2) the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or messages received for transactions entered into through Company Properties; (3) unauthorized access to or alteration of your transmissions or data; (4) statements or conduct of any third party on Company Properties; or (5) any other matter related to Company Properties, whether based on warranty, copyright, contract, tort (including negligence), or any other legal theory. The foregoing cap on liability shall not apply to liability of a company party for (A) death or personal injury caused by a Company Party’s negligence; or for (B) any injury caused by a Company’s Party’s fraud or fraudulent misrepresentation.
In no event will the collective liability of us and our company parties, to any party) regardless of the form of action, whether in contract, tort, or otherwise) exceed the lesser of $100 or the amount you have paid to Company for the applicable content, product, or service out of which liability arose.
Certain state laws do not allow limitations in implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
SECTION 18 – INDEMNITY
You will indemnify and hold us and our subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (collectively, the “Indemnified Parties”) harmless from loss, damages, judgments, awards, costs, expenses, attorney’s fees and expert witness fees (collectively, “Losses”) relating to or arising out of: (i) any breach of these Terms of Service by you, including any use of Content other than as expressly authorized in these Terms of Service; (ii) your Submissions to, use of or inability to use, the Company Properties; (iii) your use of the products purchased on the site; or (iv) violation of any applicable laws, rules or regulations. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, attorney’s fees and expert witness fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site or the purchase of any products. You agree that the provisions in this section will survive any termination of your Account, the Terms of Service or your access to Company Properties.
SECTION 19 – OWNERSHIP; TRADEMARKS ANDC COPYRIGHTS
Except with respect to your Submissions and the Submissions of other users, you agree that Company and its suppliers own all rights, title and interest in Company Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, the Services, or Company Properties.
Trademarks, service marks, logos, graphics, images, HTML, codes, multimedia clips, Java codes, button icons, banners and software appearing in this site are our property or the property of the party that provided the trademarks, service marks, logos or copyrighted material to us. We, and any party that provided any of the foregoing to us, retain all rights with respect to any of our or their respective trademarks, service marks, logos and copyrighted material appearing in this site. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.
SECTION 20 – RELEASE
You hereby release Company Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) your use of Company Properties, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Terms of Service or your use of Company Properties; and (ii) any action taken by us during or as a result of our investigations and/or from any actions taken as a consequence of investigations by us or others, including law enforcement authorities.
If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor. The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Company Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site or any Services provided hereunder.
SECTION 21 – CONTACT
If you have any questions or concerns about these Terms, the practices of this Site, or if you are interested in reprinting any of the Content of this Site, please contact us at:
GMB Farms Corp.
18451 Beech Ave Shafter, CA 93263