Using Our Services: What You Need to Know
The Controlled Substances Act Notice & Disclaimer
In compliance with the Controlled Substances Act, we are making it clear that all products available on or through our website have less than 0.3% Delta 9 THC on a dry weight basis and therefore can be taken and consumed without any prescription. However, please note that the products available on Emerald Smoke are not a substitute for medical or physician advice nor any information available on or through our website or products has been evaluated by the FDA. These products and services are not for anyone who is under 18, is pregnant, or nursing. By using and consuming any of the products available on Emerald Smoke, the customers and users take full responsibility and disclaim us from all liabilities.
PREAMBLE
- Whereas, Emerald Smoke is a website and e-commerce platform hosted on WooCommerce; and
- Whereas, Emerald Smoke is a hassle-free online platform to buy hemp-related products; and
- Whereas, these Terms of Service have been drafted to provide information regarding rules, regulations, and conditions set by Emerald Smoke for its website and to provide the information through which the customers and buyers can avail of its services; and
- Whereas, throughout the Terms of Service, Privacy Policy, and other documents the terms such as “we”, “our”, and “us” as well as “Emerald Smoke” have been used to describe Emerald Smoke’s website, brand, and services therein.
- Therefore, after availing, using, or visiting the website of Emerald Smoke, the users, customers, consumers, and visitors will be assumed to be in consent to these Terms of Service as well as our Privacy Policy.
1. TERMS OF SERVICE OF EMERALD SMOKE
The following Terms of Service (“Terms”, “Terms of Use”, “Terms and Conditions”) govern all use of our services, online platform, and website (collectively called “services” and “website”) called Emerald Smoke. These Terms, as well as our Privacy Policy, posted on Emerald Smoke’s website, shall also be equally applicable and enforced to the offers, services, and projects of our website. These terms are primarily directed towards all the users, members, and buyers (“you”, “your”, “user”, “member”) as well as any visitors of Emerald Smoke’s website.
1.1. User Agreement
All the terms in our Terms of Use, Privacy Policy, and any other legal document constitute an agreement between you and Emerald Smoke. These terms shall apply to you as a user, visitor, or anyone who has used our services or accessed this website. If you are not in agreement with the terms provided on this page or any one of the terms, you may not access the website in whole or in part and you also cannot use any of our services.
2. CUSTOMER’S ACKNOWLEDGEMENT
By accessing the Emerald Smoke website and using any of our services, you confirm that:
- You are a mentally fit person who can form legal contracts.
- You are at least 18 years old.
- It is your responsibility to check whether hemp and THCa products are legal to be possessed in your area or state before order placement.
- You are permitted under the laws applicable to you and any organization which you represent to access our website.
- You are not otherwise subject to any restriction prohibiting access to Emerald Smoke or hemp products by any state or federal authority.
3. PAYMENT POLICY
The Payment Policy is applicable for the purchase of products available on our website. This Policy has been compiled in accordance with standard e-commerce rules and regulations. Our website uses the WooCommerce platform for providing our e-commerce services; therefore, customers and buyers on our website can pay through all approved and supported secure payment gateways (such as credit and debit cards). No other payment method will be accepted unless authorized by the admins or owner of our website. We reserve the right to determine the price of all or any of our product(s).
4. ORDER CANCELLATIONS AND LIMITATIONS
4.1. Cancellations And Limitations Of Products
We have a right to cancel or limit the quantity of any order for the reasons given below:
- Limited stock on our products.
- Change in National or state regulations.
- Mistakes in the description, price, or specification of the product.
- Disruptions due to emergencies, natural disasters, lockdowns, etc.
- If payment details are found to be stolen, false, or illegal.
- Illegal or suspicious account activity.
4.2. Order Cancellation And Modifications By The User
After an order is placed and processed, it cannot be canceled or terminated. We advise our users to decide carefully before completing a purchase. We will not be held responsible for any termination or cancellation request after the order has been processed.
5. USER ACCOUNT, LOG IN, AND PASSWORD
After account registration, it will be the responsibility of the user to keep the account information confidential. The user alone will be responsible for any activity that happens under his/her/their account whether or not they have authorized it. If any user or account holder of our website has a reason to believe that their account and/or login information has been compromised, they are requested to contact us immediately.
6. INTELLECTUAL PROPERTY AND AVAILABILITY OF SERVICES
The source code, logos, audio, videos, compositions, words, PDFs or other files, design, layout, graphics, photos, images, information, materials, documents, data, databases, and all other information and intellectual property accessible on or through our website is the property of Emerald Smoke and is protected by intellectual property laws.
6.1. Grant Of Limited License
All users and buyers are hereby granted a limited license for the purpose of using our website’s services. Users can use the website of Emerald Smoke in accordance with these terms; however, they cannot share, sell, or lease any form of information, suggestions, or advice offered through Emerald Smoke. You affirm, confirm, and agree that you will not exploit any portion of our service and you are not authorized to use any of the services unless you have acquired prior written permission from us.
7. REFUND POLICY
We offer refunds in a strictly limited manner. Please make sure to read our full Refund Policy before purchasing.
8. THIRD-PARTY LINKS
There may be the presence of third-party links through our website. These links may lead you to websites, clients, and platforms outside of our control. The links that you may choose to view and follow are at your own risk. Emerald Smoke takes no liability for any linked sites or their content which may change without notice. Any link to any other platform or website does not imply that Emerald Smoke endorses or accepts any responsibility for the content, safety, reliability, or quality of the materials provided by such platform or website.
9. WAIVER AND INDEMNIFICATION
By joining and using the website and Emerald Smoke, you are agreeing to terminate all liability for losses you may suffer. You are also agreeing that you fully and completely hold harmless, indemnify, and release Emerald Smoke, its owners, and its team from any and all damages, causes of action, liability, suits, allegations, sums of money, claims, and demands whatsoever, in law or equity, that you ever had, now have, or will have in the future against Emerald Smoke, arising from your participation in or in any way related to the firm’s services.
10. ACCEPTABLE USAGE POLICY
By using our website and purchasing our hemp-related products, you agree that you will only use this service for the purposes outlined within these Terms of Use and according to law, regulations, and other guidelines which are either expressly or impliedly given.
10.1. General Rules
- Accessing any of our resources by means other than what we provide is prohibited. You agree that you will not access our website in any unlawful or unethical manner.
- Users are responsible for maintaining the confidentiality of any login or registration information. Users agree they are solely responsible for all activities that occur under their account.
- It is prohibited to engage in any activity or business which may disrupt or interfere with our website’s content, our services, or our business operations.
- You agree that you will not duplicate, copy, or counterfeit source code, logos, business models, products, or services related to Emerald Smoke’s website.
- You will report any unethical, illegal, or prohibited content to us.
- You agree that you will not break or infringe any copyright, trademark, or any other intellectual property law.
- You will not fraudulently charge back amounts you have rightfully paid for processed orders.
- You will not impersonate any person, use a fake name, or gain access to anyone’s account in a manner deemed unlawful.
10.2. Breach Of Our Acceptable Usage Policy
If we find that anyone is breaking any rules or exhibiting suspicious behavior, we reserve the right to withdraw access to your account without notice, including instances where we suspect unauthorized access to your account.
10.3. Factors Beyond Our Control (Force Majeure)
Any act or situation beyond our control is known as a “Force Majeure Event”. We are not liable for any failure or delay in the performance of our obligations or shipping under these circumstances. Such events include, but are not limited to: strikes, civil commotion, cyber-attacks, natural disasters, impossibility of transport/shipping networks, telecommunications failures, or new government legislation/restrictions.
11. GENERAL DISCLAIMER
The contents, materials, and information on this website are based solely on research conducted by Emerald Smoke and are available for general informational purposes only. They must not be taken as medical or fitness advice. The information is not intended as a solicitation or incitement to buy or sell any products; any such act is entirely your own choice.
12. MEDICAL DISCLAIMER
Although CBD, hemp, and THCa products are used by many for wellness, we do not claim them to be a substitute for pharmaceutical drugs or professional medical advice. The information provided on this website is for educational purposes only and is not intended to diagnose, treat, cure, or prescribe any medical or healthcare-related issues. The information and products contained on this website have not been evaluated by the FDA. Do not discontinue professional medical or healthcare provider advice because of something you have read on this website. Using our products does not create a doctor-patient relationship between you and Emerald Smoke.
13. WAIVER OF LIABILITY
The users, members, and visitors of our website hereby waive, release, and forever discharge all claims for direct, indirect, consequential, incidental, contractual, compensatory, tort-based, punitive, or any other damages of any sort arising from any cause whatsoever, including but not limited to personal injury, death, or property damage which may accrue as a result of using our website or our products.
14. RELEASE OF CLAIMS
The buyer, to the fullest extent permitted by law, shall indemnify, defend, hold harmless, protect, and defend the owners of Emerald Smoke from and against any and all liabilities, claims, damages, losses, demands, lawsuits, costs, and expenses (including attorney fees) arising out of or resulting from the use of our website or products.
15. LAW AND JURISDICTION
These Terms of Service and conditions will be governed by and construed in accordance with the laws of the United States, and any disputes relating to these conditions will be subject to the jurisdiction of the courts of the State of California.
16. CONTACT
If you have any questions, you can contact us at js@emerald-smoke.com to learn more about our services.