Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE
CAREFULLY BEFORE USING THIS WEBSITE.
Any persons using, reading, and/or purchasing products on this website agree that access
to and use of this site are subject to the following terms, conditions, and other applicable
laws. You must be at least 18 years old in Delaware to purchase products from this site or
the legal age in your state. By using this website, you agree that you are at least 18 years
of age and also agree to the following terms and conditions. If you do not agree to these
terms and conditions, please do not use this site.
General
The products offered by Earth Grown Wellness LLC are intended for use by responsible
adult users over the age of 18
Right to Use
Earth Grown Wellness LLC complies with all state, federal, and international regulations
surrounding the use, distribution, and production of E-cigarette and/or E-Liquid type
products. Because laws are subject to change based on region, your use of this website
implies that you are doing so legally and in accordance with the laws of your region.
Additionally, Earth Grown Wellness LLC maintains a strict policy of “18 and Older” for
both the usage of this web site, ordering, and the using of any Earth Grown Wellness
LLC products. You use or ordering from this website is your digital signature that you are
above the age of 18, and are legally entitled to use this product in your region.
Copyright
The entire content included in this site, including but not limited to text, graphics or code
is copyrighted as a collective work under the United States and other copyright laws, and
is the property of Earth Grown Wellness LLC. The collective work includes works that
are licensed to Earth Grown Wellness LLC. Permission is granted to electronically copy
and print hard copy portions of this site for the sole purpose of placing an order with
Earth Grown Wellness LLC or purchasing Earth Grown Wellness LLC products. You
may display and, subject to any expressly stated restrictions or limitations relating to
specific material, download or print portions of the material from the different areas of
the site solely for your own non-commercial use, or to place an order with Earth Grown
Wellness LLC or to purchase Earth Grown Wellness LLC products. Any other use,
including but not limited to the reproduction, distribution, display or transmission of the
content of this site is strictly prohibited, unless authorized by Earth Grown Wellness LLC
You further agree not to change or delete any proprietary notices from materials
downloaded from the site.
Limitation of Liability
Earth Grown Wellness LLC shall not be liable for any special or consequential damages
that result from the use of, or the inability to use, the materials on this site or the
performance of the products, even if Earth Grown Wellness LLC has been advised of the
possibility of such damages. Applicable law may not allow the limitation of exclusion of
liability or incidental or consequential damages, so the above limitation or exclusion may
not apply to you.
Typographical Errors
In the event that a Earth Grown Wellness LLC product is mistakenly listed at an incorrect
price, Earth Grown Wellness LLC reserves the right to refuse or cancel any orders placed
for product listed at the incorrect price. Earth Grown Wellness reserves the right to refuse
or cancel any such orders whether or not the order has been confirmed and your credit
card charged. If your credit card has already been charged for the purchase and your
order is cancelled, Earth Grown Wellness shall issue a credit to your credit card account
in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or
completing the registration or shopping process. These terms and conditions, or any part
of them, may be terminated by Earth Grown Wellness LLC without notice at any time,
for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation
of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Earth Grown Wellness LLC may deliver notice to you by means of e-mail, a general
notice on the site, or by other reliable method to the address you have provided to Earth
Grown Wellness LLC.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of
obscene or abusive language, is strictly forbidden. Impersonation of others, including an
Earth Grown Wellness LLC or other licensed employee, host, or representative, as well
as other members or visitors on the site is prohibited. You may not upload to, distribute,
or otherwise publish through the site any content which is libelous, defamatory, obscene,
threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise
objectionable which may constitute or encourage a criminal offense, violate the rights of
any party or which may otherwise give rise to liability or violate any law. You may not
upload commercial content on the site or use the site to solicit others to join or become
members of any other commercial online service or other organization.
Participation Disclaimer
Earth Grown Wellness LLC does not and cannot review all communications and
materials posted to or created by users accessing the site, and is not in any manner
responsible for the content of these communications and materials. You acknowledge that
by providing you with the ability to view and distribute user-generated content on the
site, Earth Grown Wellness LLC is merely acting as a passive conduit for such
distribution and is not undertaking any obligation or liability relating to any contents or
activities on the site. However, Earth Grown Wellness LLC reserves the right to block or
remove communications or materials that it determines to be (a) abusive, defamatory, or
obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright,
trademark or; other intellectual property right of another or (d) offensive or otherwise
unacceptable to Earth Grown Wellness LLC in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Earth Grown Wellness LLC, its
officers, directors, employees, agents, licensors and suppliers (collectively the “Service
Providers”) from and against all losses, expenses, damages and costs, including
reasonable attorneys’ fees, resulting from any violation of these terms and conditions or
any activity related to your account (including negligent or wrongful conduct) by you or
any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Earth Grown Wellness LLC, may
link to sites operated by third parties. However, even if the third party is affiliated with
Earth Grown Wellness LLC, Earth Grown Wellness LLC has no control over these linked
sites, all of which have separate privacy and data collection practices, independent of
Earth Grown Wellness LLC. These linked sites are only for your convenience and
therefore you access them at your own risk. Nonetheless, Earth Grown Wellness LLC
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).
Applicable Laws
Use of this website shall in all respects be governed by the laws of the state of Delaware,
U.S., regardless of the laws that might be applicable under principles of conflicts of law.
The parties agree that the Delaware courts shall have exclusive jurisdiction over all
controversies arising under this agreement and agree that venue is proper in those courts.
Right to Refuse Service
Earth Grown Wellness LLC reserves the right to refuse service to any person for any
reason, with or without notice, with or without cause at any time. Additionally, Earth
Grown Wellness LLC reserves the right to block or ban any IP address, any credit card,
any shipping address, and any person from the website for any reason at any time at the
sole discretion of Earth Grown Wellness LLC. Additionally, Earth Grown Wellness LLC
also reserves the right to permanently delete any member account, and block said person
from re-establishing access to the website. Additionally, Earth Grown Wellness reserves
the right to substitute a refund or account credit in direct exchange for products ordered
by a person to whom service has been refused before or after the time of refusal of
service.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Delaware,
U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention
on contracts for the international sale of goods. You agree that jurisdiction over and
venue in any legal proceeding directly or indirectly arising out of or relating to this site
(including but not limited to the purchase of Earth Grown Wellness LLC products) shall
be in the state or federal courts located in New Haven County, Connecticut.
Any cause of action or claim you may have with respect to the site (including but not
limited to the purchase of Earth Grown Wellness LLC products) must be commenced
within one (1) year after the claim or cause of action arises. Earth Grown Wellness LLC’s
failure to insist upon or enforce strict performance of any provision of these terms and
conditions shall not be construed as a waiver of any provision or right. Neither the course
of conduct between the parties nor trade practice shall act to modify any of these terms
and conditions. Earth Grown Wellness LLC may assign its rights and duties under this
Agreement to any party at any time without notice to you.
Terms Status and Updating
Earth Grown Wellness LLC reserves the right to update these terms at any time with or
without notice. In all cases, the current most terms and conditions of use shall be
construed as the governing policy