Terms & Conditions
TERMS & CONDITIONS
CannDig, Inc. (“CD”) provides certain FREE services, including through hempdig.com, a web-based platform or online marketplace (our “Website”), and associated networks, servers, software and applications (collectively, our “Services”). Our Free Services are designed to help facilitate the display, marketing and purchase of cannabis, products derived from or related to cannabis, and cannabis-related services (collectively, “cannabis products”).
These Terms & Conditions apply to and govern use of our Services. Use of our Services includes, but is not necessarily limited to, visiting, reviewing or logging onto the Website; registering to become an CD Vendor or Buyer, as those terms are defined in the applicable sections of the Website; marketing, selling, shopping for, or purchasing one or more hemp products through the Website, either directly or indirectly; and any attempt to use the Services.
Please read these Terms & Conditions carefully. By using the Services, you acknowledge having read, understood, and agreed to these Terms & Conditions in their entirety, including the Additional Terms, which are legally binding and referred to herein as the “Agreement” between you, the user, and CD.
1. USER CONDUCT
CannDig’s Services may only be used for lawful purposes. It is strictly prohibited to use the Services in violation of any law, to include, as defined for purposes of this Agreement, any local, state or federal law, regulation or other requirement, either in the United States or other country or jurisdiction, including, without limitation, laws and regulations designed to restrict or regulate exports, to protect intellectual property, including copyright, trademark, trade secret, misappropriation and anti-dilution laws, and any other applicable laws.
It is prohibited to conduct or participate in any of the following activities while using the Services:
A. Restrict, limit or otherwise attempt to interfere with the use of or access to the Services by others;
B. Upload, post, publish, transmit, or reproduce (collectively, “distribute”) any information, software, or other material (“information”), that might reasonably be interpreted as encouraging or facilitating conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law;
C. Distribute any information, software, or other material that contains or may contain a virus or other potentially harmful or disruptive programming or component;
D. Distribute or in any way exploit any information obtained through use of the Services for commercial purposes, except as expressly authorized by the provider of such information;
E. Facilitate the sale of any information such as lists of users, buyers email names, etc.,which violates any law;F. Distribute, gather or collect payment data, including, but not limited to, in relation to credit or debit cards, for any purpose other than the legal and ethical use of such information to transact payment in exchange for hemp products;
G. Distribute consumer credit card information in such a manner as to permit use of such information in violation of any law; and
H. Any promotion or sale of product for the purpose of generating or distributing Unsolicited Commercial E-Mail (UCE) or Spam. This includes the sale of lists of E-mail addresses or software to be used for the purpose of sending UCE or Spam.
You agree to indemnify, defend, and hold harmless CD and its officers, directors, employees, and agents, without limitation or exception, from all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims resulting from or in any way associated with use of the Services, either directly or indirectly. This indemnification and hold harmless provision extends to all issues, transactions, listings, descriptions, shipments, fulfillments, and otherwise associated with use of the Services.
3. REFUSAL OR DISCONTINUANCE OF SERVICE
CD reserves the right to deny access to or discontinue the use of all or part of the Services by any user that CD determines, in its sole discretion, to be in violation of this Agreement. In such circumstances, CD shall not be responsible either to notify any third-party providers of services, merchandise, or information, or for any potential consequences resulting from the denial or discontinuation of the Services or for lack of notification thereof. CD has the right to monitor the Services electronically from time to time and to disclose any information to relevant government, law enforcement or other authorities, in accordance with the applicable law, or to protect CD, users of the Services, or consumers of products sold or purchased via CD’s Services, whether directly or indirectly. CD reserves the right, in its sole discretion, to refuse to facilitate the sale or purchase of any product, or the dissemination of any information or materials, in whole or in part, that are determined to be unacceptable, undesirable, or in violation of this Agreement.
4. WARRANTY DISCLAIMER
THE SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, CD EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CD MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE ON OR THROUGH THE SERVICES IS FREE FROM ANY VIRUS OR OTHER POTENTIALLY HARMFUL OR DISRUPTIVE PROGRAMMING OR COMPONENT. AS THE USER, YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF THE SERVICES, INCLUDING FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, IN WHICH CASE THIS PROVISION MAY NOT APPLY IN ITS ENTIRETY TO YOU IN A PARTICULAR INSTANCE.
You are legally responsible for use of the Services and are at least 18 years of age in states that have 18 as the minimum age requirement for buying and selling hemp/cannabis and or hemp/cannabis products, and 21 years of age in states where that is the age requirement for buying and or selling hemp/cannabis or hemp/cannabis products. You agree to furnish CD with a current and truthful name, postal address, email address and telephone number for our records, as required to use the Services. You also have a continuing obligation to keep this information current. You acknowledge that you are an authorized user of any PayPal or credit card account should you supply information to CD for the purpose of making a purchase on the CD platform and that CD has an obligation to fully investigate any possible fraudulent payment acts.
You agree to inform CD in advance of any material changes in the nature of your account with CD, including products which may fall into a grey area concerning our Product Guidelines. You understand that implementing such changes without proper notification may cause CD, at its sole discretion, to discontinue your use of the Service if such changes are viewed as in violation of this Agreement.
The security of your account password is solely your responsibility. If you believe your account password has been compromised in any way, you will notify CD immediately via email to firstname.lastname@example.org. You shall be held fully responsible for any misuse or compromise to your account for which CD is not properly notified. If any security violations are believed to have occurred in association with your account, CD has the right to suspend all access to your account pending an investigation and resolution. CD will also fully cooperate with any investigation by any government, law enforcement or other authority regarding any aspect of our Services, including as used by you. Any use of our Services to facilitate the sale or distribution of pirated software, illegal products or information, or other violations of law will result in account suspension and will be immediately reported to the appropriate authorities.
7. BACKUP OF DATA
Your use of the Services is at your sole risk. CD is not responsible for order data or account configuration data residing on the Website or elsewhere in connection with our Services. Any storage of such information is strictly for your convenience. You recognize your obligation to maintain your sales and order data on your own computer systems. You agree to securely retrieve via SSL encryption the final portion of order data promptly after receiving emailed notification of orders, and to make daily checks of the Website and related email or other communications for retrieving secure order data. If any orders are indicated from communication from hempdig.com and you do not have all pertinent information stored on your own system, you agree to promptly take action to download or request re-mail of such data. You specifically agree that CD is not responsible for storage of order or sales data of any type whatsoever for any amount of time exceeding thirty-one (31) days from the date of the sale.
You further agree that CD has the right, at its sole discretion, to purge any and all order or sales data stored on CD servers without notice and to whatever degree deemed necessary by CD.
You understand that communications from CD are sent out via email only, and that it is your responsibility to maintain working email addresses in your account administration. You agree that your failure to receive correspondence for any reason does not alleviate your responsibility to keep your account in good standing through the honoring of all your responsibilities under the terms of this agreement.
9. PRIOR AGREEMENTS
This Agreement supersedes all written, electronic, or oral communication you may have had with CD or any agent or representative thereof and constitutes the complete and total Agreement between you and CD.
If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect, and the provision in question shall be reformed only to the extent necessary to make it enforceable.
11. TERMINATION OF AGREEMENT
The provisions of Section 2 (INDEMNIFICATION) and Section 4 (WARRANTIES DISCLAIMERS) shall survive any termination of this Agreement.
12. APPLICABLE LAW, JURISDICTION, AND SERVICE
Any disputes arising from this Agreement and any proceedings conducted hereunder shall be governed by and construed and enforced under the applicable laws of the State of Tennessee and the United State of America, without regard to conflict of law principles, and shall be confined to legal venues in Washington County, Tennessee. Users of the Services agree to accept service of process by ordinary mail to the most recent address provided by the same.
THE SERVICES ARE INTENDED TO BE USED ONLY AS DESCRIBED IN THIS AGREEMENT. THE U.S FOOD AND DRUG ADMINISTRATION ("FDA") HAS NOT EVALUATED ANY HEMP PRODUCT MARKETED, DISPLAYED OR OTHERWISE REFERRENCED THROUGH THE SERVICES. LIKEWISE, STATEMENTS OR CLAIMS IN RELATION TO SUCH PRODUCTS, APPEARING EITHER ON THE WEBSITE OR OTHERWISE, HAVE NOT BEEN APPROVED BY THE FDA OR ANY OTHER AUTHORITY FOR THE PREVENTION, DIAGNOSIS, TREATMENT, OR CURE OR ANY CONDITION OR DISEASE.
Use of the Services is neither intended to provide medical advice nor to prevent, diagnose, treat, or cure any condition or disease. Information and other content provided through the Services, either directly or indirectly (e.g., by linking to third-party websites), is for informational purposes only. Users should consult with a physician or other healthcare professional regarding any medical or health related questions or treatment options.
Comments expressed in
any form on the Website, including reviews of one or more products, by users
of the Services or by employees or agents of CD, are strictly the personal views
or opinions of that individual and may not be attributed to CD. Nor are such
comments or opinions intended as a substitute for appropriate medical care or
advice from a healthcare professional.
Please check the product label or packaging prior to using any product. If there are discrepancies, customers should follow the information provided on the product label or packaging. You should contact the manufacturer directly for clarification about product labeling, packaging details and recommended use.
CD is not
responsible for any damages for information or services provided even if CD has
been advised of the possibility of damages.
No statement or statements that may appear on the Website regarding potential health benefits from consuming or using hemp products have been evaluated by the FDA.