REMEDIUM FIELDS TERMS OF USE
LAST UPDATED: JULY 10, 2019
Overview
Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the www.remediumfields.com (“the site, “our site”) website operated by Remedium Fields ("us", "we", or "our"). Your access to and use of the site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the site.
By accessing or using the site you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the site.
Basic Terms
1. You must be at least 18 years old to use the site.
2. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities via our site.
3. You must not post private or confidential information via the site, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
4. You may not solicit other users of the site or otherwise use the site for unauthorized marketing purposes.
5. You may not use the site for or in furtherance of any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the site and content appearing therein, including but not limited to, copyright laws.
6. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any users of the site, or solicit, collect or use the login credentials or other users of the site.
7. You must not change, modify, adapt or alter the site or change, modify or alter another website so as to falsely imply that it is associated with the site or Remedium Fields.
8. You must not interfere or disrupt the site or servers or networks connected to the site, including by transmission of any worms, viruses, spyware, malware or any other harmful program or code of a destructive or disruptive nature.
9. You may not inject content or code or otherwise alter or interfere with the way the site is rendered or displayed in a user's browser or device.
10. You must not attempt to restrict another user from using or enjoying the site, and you must not encourage or facilitate violations of any of these Terms of Use or any other terms governing access and/or use of the site.
11. In the event that you violate the letter or spirit of any of these Terms of Use, or otherwise create risk or possible legal exposure for Remedium Fields, Remedium Fields may, in its sole discretion, stop providing all or part of the site to you, suspend and/or cease any or all licenses and other rights granted to you in these Terms of Use, and/or terminate your member account.
Trademark
All trademarks, service marks, and trade names of Remedium Fields are trademarks or registered trademarks of Remedium Fields.
Rights
Remedium Fields does not claim ownership of any User-Submitted Content posted by users of the site on or through the site. Instead, you hereby grant to Remedium Fields a perpetual, irrevocable, non-exclusive, royalty-free and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, sell, create derivative works from, distribute, publicly perform, and publicly display User-Submitted Content that you post on or through the site throughout the world through any and all media by any means, method, or process, subject to the site’s Privacy Policy, available at https://remediumfields.com/pages/privacy-policy. Do not submit any User-Submitted Content that you do not wish to license to Remedium Fields under these terms.
Customer Accounts
1. You may create a member account in connection with certain sections of the site by registering your name, providing certain information about yourself, and creating a password. You agree that you will provide compete, current and accurate information about yourself upon registration and at all other times, and that you will update your information as necessary to maintain its truth and accuracy.
2. By registering an account, you acknowledge that paid services, sponsored content, and commercial communications may appear as part of the site, and may not always be identified as such, and you grant Remedium Fields permission to use any information, photos, and other User-Submitted Content as Remedium Fields sees fit in its sole discretion, including, but not limited to, in conjunction with advertisements and promotions. You also agree to receive emails from Remedium Fields about special offers, new products, and the latest news.
3. You are responsible for keeping your password secret and secure and for restricting access to your account. You agree not to disclose your username or password to any third party.
4. You agree you will not sell, transfer, license or assign your account, followers, profile, username, or any account rights. You agree that you will not create an account for anyone other than yourself, and that you will not use your account in a manner that impersonates another person or entity or otherwise in a manner that does or is intended to mislead, confuse, or deceive others.
5. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. You are solely responsible for your conduct and any User-Submitted Content submitted, posted or displayed on or via the site through your account.
6. You must not use domain names or web URLs in your username without prior written consent from Remedium Fields.
7. You must not create accounts with the site through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
8. Remedium Fields reserves the right to force forfeiture of any username for any reason at any time.
Making Purchases
1. Remedium Fields sells products through the site to adults only, who can purchase products with a credit card or other permitted payment method. If you are under 18 years old, you may not purchase products through the site. By submitting an order, you are representing that you are at least 18 years old. If Remedium Fields discovers or is of the opinion (as to which Remedium Fields shall have sole discretion) that you are not legally entitled to order certain products, Remedium Fields shall be entitled to cancel the order immediately, without notice.
2. You may only purchase products through the site for personal, non-commercial use.
3. If you wish to purchase a product offered for sale through the site, we will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. Any such information will be treated as described in our Privacy Policy (available at www.remdiumfields.com/privacy-policy). All information that you provide to us or to our third-party payment processor must be accurate, current, and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any user of you account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any shipping costs and applicable taxes relating to your purchases.
4. All orders for products displayed on the site are subject to Remedium Field’s credit approval. Verification of information applicable to a purchase may be required prior to our acceptance of any order. Remedium Fields reserves the right any time after receipt of your order to accept or decline the order, even after your receipt of an order confirmation. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product. Remedium Fields shall not be liable to anyone for withdrawing any products from the site or for refusing to accept an order.
5. Descriptions, images, references, features, content, specifications, products, price, and availability of any products are subject to change without notice. Remedium Fields reserves the right to discontinue or change specifications and price of products without prior notice. Descriptions of, or references to, products on the site do not constitute a warranty by Remedium Fields. The product images displayed on the site are for illustration purposes only, and may not exactly reflect the product you receive. Some design revisions, color variations and/or packaging variations may exist. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products on the site at a particular time does not imply or
warrant that these products will be available at any time.
6. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any product purchased through the site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
7. Remedium Fields is committed to providing information that is accurate. However, due to human error or otherwise, the site may occasionally contain pricing, product descriptions, quantities, images, product discontinuation and/or other content that may be incorrect, incomplete, inaccurate, unreliable, not current, and/or not error-free. Although we make every effort to ensure these mistakes do not happen, Remedium Fields cannot honor incorrect prices, misprints, or typographical errors. Errors in advertised prices are not binding on Remedium Fields, and may be adjusted by Remedium Fields at any time. Remedium Fields shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and you credit card charged. If a product’s correct price is higher than the listed price, Remedium Fields shall, in its discretion, either contact you for instructions before shipping or cancel your order and notify you
of such cancellation. If the incorrect price is discovered after the product has shipped, you acknowledge and agree that you will either refuse delivery, return the product (at Remedium Fields’ expense) or you will be charged the price of the product as it should have been for the product(s) in question on the day of the sale and may have restrictions placed on your account. If your credit card has already been charged for the purchase and your order is cancelled, Remedium Fields shall promptly issue a credit to your credit card account in the amount of the incorrect price.
8. After an order is processed, it will be shipped via the shipping option selected during the checkout process to an address designated by the purchaser in the order. You shall make all arrangements necessary to take delivery of the products whenever they are tendered for delivery. Remedium Fields shall use reasonable efforts to meet any date agreed for delivery. Notwithstanding the foregoing, Remedium Fields shall not be liable for any losses, costs, damages or expenses incurred by you or any third party arising directly or indirectly out of any failure to meet any estimated delivery date. All purchases made through the site are made pursuant to a shipment contract. As a result, title and risk of loss for any items purchased through the site pass to you upon our delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
9. When you place an order, we will not charge you until we ship the items ordered. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.
10. You may return or exchange a product purchased through the site in the event that the product is defective, you received the wrong product, or the product received is not as described, provided you notify Remedium by contact us (viahttps://remediumfields.com/pages/contact) within thirty (30) days of receipt. Please see our Return Policy at https://remediumfields.com/pages/return-policy for more details. For custom products, all sales are final except in the case of production error. When this occurs, your product will be replaced free of charge.
Legality (if Applicable)
Remedium Fields offers legal industrial hemp products that are produced in accordance with the 2018 United States Farm Bill. Our CBD is compliant with local state & federal regulatory requirements and is verified by our labs to contain less than 0.3% THC. The United States Farm Bill defines hemp as a Cannabis plant containing less than 0.3% THC on a dry weight basis. If you have any questions regarding the legality of industrial hemp in your jurisdiction, please consult your attorney.
External Links
In an attempt to provide increased value to our visitors, Remedium Fields may link to sites operated by third parties. However, even if the third party is affiliated with Remedium Fields, Remedium Fields has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Remedium Fields. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Remedium Fields seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Disclaimer of Warranties & Limitations of Liability
We do not guarantee, represent or warrant that your use of our site will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the site will be accurate or reliable. You agree that from time to time we may remove the site for indefinite periods of time or cancel the site at any time, without notice to you. You expressly agree that your use of, or inability to use, the site is at your sole risk. The service and all products and services delivered to you through the site are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representations, warranties or conditions of any kind, either expressed or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Remedium Fields, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict
liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the site or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. You agree to indemnify, defend and hold harmless Remedium Fields and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Arbitration
1. For any dispute you have Remedium Fields, you agree to first contact us (https://remediumfields.com/pages/contact) and attempt to resolve the dispute with us informally.
2. For any dispute that cannot be resolved informally, you agree that all disputes between you and Remedium Fields (whether or not such dispute involves a third party) with regard to your relationship with Remedium Fields, including, without limitation, disputes related to these Terms of Use, your use of the site, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and Remedium Fields hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. You may bring claims only on your own behalf. Neither you nor Remedium Fields will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Remedium Fields is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Remedium Fields or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Blue Buffalo. Governing Law and Venue These Terms of Use are governed by in accordance with the laws of the State of North Carolina, without giving effect to any principles of conflicts of law and will specifically not be governed by the United Nations Conventions on Contracts for The International Sale of Goods, if otherwise applicable.
Severability
If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Remedium Field’s’ failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.
Entire Agreement
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. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Changes to the Terms of Service
You can review the most current version of the Terms of Service at any time at 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 website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our site following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Contact
You can direct questions about our Terms of Service to
https://remediumfields.com/pages/contact