STORE POLICY
TERMS & CONDITIONS
Agreement between User and higherpowerwithcbd.com
Welcome to higherpowerwithcbd.com. The higherpowerwithcbd.com website (the "Site") is comprised of various web pages operated by Higher Power With CBD. higherpowerwithcbd.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of higherpowerwithcbd.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
higherpowerwithcbd.com is an E-Commerce Site.
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ecommerce Privacy
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Your use of higherpowerwithcbd.com is subject to Higher Power With CBD's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
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Electronic Communications
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Visiting higherpowerwithcbd.com or sending emails to Higher Power With CBD constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
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Must be age 21
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You must be age 21 or older to use the higherpowerwithcbd.com website
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Cancellation/Refund Policy
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Returns within 30 days of purchase, must be unopened. Links to Third Party Sites/Third Party Services
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No Unlawful or Prohibited Use/Intellectual Property
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You are granted a non-exclusive, non-transferable, revocable license to access and use higherpowerwithcbd.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Higher Power With CBD that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
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All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Higher Power With CBD or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
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You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Higher Power With CBD content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Higher Power With CBD and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Higher Power With CBD or our licensors except as expressly authorized by these Terms.
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International Users
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The Service is controlled, operated and administered by Higher Power With CBD from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Higher Power With CBD Content accessed through higherpowerwithcbd.com in any country or in any manner prohibited by
any applicable laws, restrictions or regulations.
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Indemnification
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You agree to indemnify, defend and hold harmless Higher Power With CBD, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
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Higher Power With CBD reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Higher Power With CBD in asserting any available defenses.
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Class Action Waiver
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Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Higher Power With CBD agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
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THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HIGHER POWER WITH CBD AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. HIGHER POWER WITH CBD AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. HIGHER POWER WITH CBD AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HIGHER POWER WITH CBD AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HIGHER POWER WITH CBD OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
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Termination/Access Restriction
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Higher Power With CBD reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Higher Power With CBD as a result of this agreement or use of the Site. Higher Power With CBD's performance of this agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of Higher Power With CBD's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Higher Power With CBD with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Higher Power With CBD with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Higher Power With CBD with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
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Changes to Terms
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Higher Power With CBD reserves the right, in its sole discretion, to change the Terms under which higherpowerwithcbd.com is offered. The most current version of the Terms will supersede all previous versions. Higher Power With CBD encourages you to periodically review the Terms to stay informed of our updates.
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Contact Us
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Higher Power With CBD welcomes your questions or comments regarding the Terms:
Higher Power With CBD
8924 E Pinnacle Peak Rd Ste G5 (454)
Scottsdale, Arizona 85255
Email Address:
cbdinfo@higherpowerwithcbd.com
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Effective as of December 05, 2020
PRIVACY & SAFETY
Protecting your private information is our priority. This Statement of Privacy applies to Higherpowerwithcbd.com and Higher Power With CBD and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to Higher Power With CBD include Higherpowerwithcbd.com and Help Food Academy. The Higher Power With CBD website is a ecommerce site. By using the Higher Power With CBD website, you consent to the data practices described in this statement.
Collection of your Personal Information
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In order to better provide you with products and services offered on our Site, Higher Power With CBD may collect personally identifiable information, such as your:
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- First and Last Name
- Mailing Address
- E-mail Address
- Phone Number
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If you purchase Higher Power With CBD's products and services, we collect billing and credit card information. This information is used to complete the purchase transaction.
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We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services available on the Site. These may include: (a) registering for an account on our Site; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services on our Site. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
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Use of your Personal Information
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Higher Power With CBD collects and uses your personal information to operate its website(s) and deliver the services you have requested.
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Higher Power With CBD may also use your personally identifiable information to inform you of other products or services available from Higher Power With CBD and its affiliates.
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Sharing Information with Third Parties
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Higher Power With CBD does not sell, rent or lease its customer lists to third parties.
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Higher Power With CBD may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Higher Power With CBD, and they are required to maintain the confidentiality of your information.
Higher Power With CBD may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Higher Power With CBD or the site; (b) protect and defend the rights or property of Higher Power With CBD; and/or (c) act under exigent circumstances to protect the personal safety of users of Higher Power With CBD, or the public.
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Tracking User Behavior
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Higher Power With CBD may keep track of the websites and pages our users visit within Higher Power With CBD, in order to determine what Higher Power With CBD services are the most popular. This data is used to deliver customized content and advertising within Higher Power With CBD to customers whose behavior indicates that they are interested in a particular subject area.
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Automatically Collected Information
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Information about your computer hardware and software may be automatically collected by Higher Power With CBD. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Higher Power With CBD website.
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Right to Deletion
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Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
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• Delete your personal information from our records; and
• Direct any service providers to delete your personal information from their records.
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Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:
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• Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
• Debug to identify and repair errors that impair existing intended functionality;
• Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act;
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
• Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
• Comply with an existing legal obligation; or
• Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
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Must be age 21
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You must be age 21 or older to access the higherpowerwithcbd website
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E-mail Communications
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From time to time, Higher Power With CBD may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication.
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If you would like to stop receiving marketing or promotional communications via email from Higher Power With CBD, you may opt out of such communications by "replying STOP".
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Changes to this Statement
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Higher Power With CBD reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our site, and/or by updating any privacy information on this page. Your continued use of the Site and/or Services available through this Site after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.
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Contact Information
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Higher Power With CBD welcomes your questions or comments regarding this Statement of Privacy. If you believe that Higher Power With CBD has not adhered to this Statement, please contact Higher Power With CBD at:
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Higher Power With CBD
8924 E Pinnacle Peak rd. Ste G5 (454) Scottsdale, Arizona 85255
Email Address: cbdinfo@higherpowerwithcbd.com
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Effective as of December 05, 2020
