Terms & Conditions
Last Modified: August 31, 2020
1. Acceptance of the Terms & Conditions
These Terms & Conditions are entered into by and between you and LSM Health and Wellness LLC (“LSM”, “Company”, “we” or “us”). The following Terms & Conditions (collectively, “Terms & Conditions”), govern your access to and use of www.dropsoflifecbd.com (“Website”), including any content, functionality, and services offered on or through the Website, whether as a registered user or guest.
Please read the Terms & Conditions carefully before you begin use of the Website. By using the Website or by clicking to accept, consent, or agree to the Terms & Conditions when this option is made available to you, you accept and agree to be bound and abide by these Terms & Conditions.
If you do not want to agree to these Terms & Conditions, you must not access or use the Website.
Like many consumer contracts, these Terms & Conditions contain a mandatory arbitration provision and waiver of jury trial rights. Please read Section 17 to learn more.
This Website is offered and available to users who are eighteen (18) years of age or older. Minors are prohibited from access to this Website. Any attempted purchase of a product by a minor may be referred to relevant authorities for prosecution.
In the event of purchase of our products, you agree that you shall not use our products for any illegal or unauthorized purpose. If you are in a jurisdiction or territory in which access to the Website or its content is illegal, you must not access or use the Website. LSM bears no liability for your violation of applicable laws and you assume the risk of use of the Website.
By using this Website, you represent and warrant that you are of legal age to form a binding contract with LSM and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
2. Changes to the Terms & Conditions
LSM may revise and update these Terms & Conditions from time to time in its sole discretion. All changes are effective immediately upon posting to the Website and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms & Conditions means that you accept and agree to the changes. You are expected to read these Terms & Conditions frequently when you access this Website so that you are aware of any changes, as they are binding on you.
3. Accessing the Website
We reserve the right to withdraw or amend this Website and any product or service we provide on the Website, in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.
4. Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
5. Online Orders
When placing an order on our Website, you are offering to purchase our products, goods, and/or services.
We reserve the right to accept or reject any order in our own discretion. In the event of acceptance of your offer, you will receive a confirming email at the email address that you provide to us during checkout.
All applicable prices are set forth alongside the goods, products, and services offered on the Website. They may differ from the prices offered elsewhere, either online or offline, by us or by our distributors for the same products and/or services. Such prices are subject to change at any time by us in our sole discretion. You will be responsible for the prices stated at the time of your transaction, as well as any sales, use, excise, and related taxes. Transactions may only be made with a valid credit card, debit card, or use of a bona-fide third party electronic payment provider. By using any such card or payment provider, you represent and warrant that you have authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
You are responsible for paying all shipping costs. We will ship your accepted order to you at the address you provide when making the order. LSM provides standard United States Postal Service shipping for customers located within the continental United States. Shipping may be expedited at your election during the checkout process. You will be responsible for the cost of any expedited shipping. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, LSM shall not be responsible for any delays in shipments, nor for any third-party carrier delays that are beyond our control.
While we strive to ensure our customers are happy, we do impose certain limitations on return eligibility. Products that have been damaged in transit are eligible for return. Products that have been fully used or consumed are not subject to this return policy and are ineligible for return. No international orders and shipments will be eligible for returns or refunds if they are lost, impounded, or otherwise taken by customs.
6. No Substitute for Medical Advice or Care
Certain products and/or ingredients in our products may not have been approved or endorsed by the U.S. Food and Drug Administration (“FDA”) or any regulatory agency. The products on the Website are not intended to diagnose, treat, mitigate, cure or prevent any disease. The information on the Website or other materials we may provide to you are designed for educational purposes only and are not intended to be a substitute for informed medical advice or care. This information should not be used to diagnose or treat any health problems or illnesses without consulting a doctor. If you are pregnant, nursing, taking medication, or have a medical condition, you should consider consulting with a physician before using any of our products.
7. Intellectual Property Rights
The Website and its contents, features, and functionality, including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by LSM, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms & Conditions permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website.
All third-party intellectual property (including word marks, logos, and icons), referenced on the Website remain the property of their respective owners. LSM’s use of third-party trademarks does not indicate any relationship, sponsorship, affiliation, or endorsement between LSM and the owners of these trademarks. Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any third-party trademark. Any references on the Website to third-party trademarks are solely to identify the corresponding third-party goods and/or services and shall be considered nominative fair use under the trademark law.
8. Copyright Infringement
LSM respects the intellectual property of others and expects our users to do the same. We take complaints of copyright infringement seriously and will respond to notices of alleged copyright infringement that comply with applicable law.
This Website qualifies as a Service Provider within the meaning of 17 U.S.C. § 512(k) of the Digital Millennium Copyright Act (“DMCA”). Accordingly, it is entitled to certain protections from claims of copyright infringement under the DMCA, commonly referred to as the safe harbor provisions. To that end, and in accordance with the DMCA, 17 U.S.C. § 512, LSM has implemented procedures for reporting instances of copyright infringement.
If you are a copyright holder, or its authorized representative, and believe in good faith that content residing or accessible on or through the Website infringes your copyrighted work, you may submit a notice of copyright infringement by sending written notice of copyright infringement to our designated agent (“Agent”) electronically at firstname.lastname@example.org or via mail to:
LSM Health and Wellness LLC
5858 South Padre Dr #109,
Corpus Christi, Texas 78412
Your notice of copyright infringement should provide the following information:
Please do not send any other information to our Agent. Please note that if you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. If you knowingly, materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If notice is effective, we may forward the notice of copyright infringement or information contained therein, as well as the Complainant’s contact information, to the user who posted the allegedly infringing content. Additionally, if we remove or disable access to the content pursuant to a valid DMCA notice, LSM will immediately notify the user that the content has been removed or disabled.
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright Agent designated above. Pursuant to the DMCA, the Counter-Notice must include the following:
The DMCA allows us to restore the removed content if the party filing the original DMCA notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly, materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is also the policy of LSM, in appropriate circumstances and in its sole discretion, to suspend or terminate the accounts of users who are repeat copyright infringers.
9. Prohibited Uses
You may use the Website solely for lawful purposes and in accordance with these Terms & Conditions. You agree not to use the Website:
Additionally, you agree not to:
10. Information About You and Your Visits to the Website
11. User Content
We, including third party partners and our affiliates, may ask you for Feedback (as further defined below) on your experience with the Website and the services offered thereon. LSM shall become the owner of any reviews, comments, suggestions, or other Feedback regarding the Website or services offered through the Website, posted to the Website, or on LSM’s social media pages (collectively, “Feedback”), and we may share Feedback with any of our affiliates. LSM will not be required to treat any Feedback as confidential and will not be liable for any Feedback posted on the Website or elsewhere. Without limitation, LSM will have exclusive ownership of all present and future existing rights to the Feedback and will be entitled to use the Feedback for any commercial purpose or other purpose whatsoever, including to advertise and promote LSM, without compensation to you or any other person sending the Feedback.
TO THE EXTENT THAT YOU DECIDE TO POST ANY CONTENT (“USER CONTENT”) ON THE WEBSITE OR ON LSM’S SOCIAL MEDIA PAGES, YOU AGREE THAT YOUR USER CONTENT WILL NOT CONTAIN THIRD-PARTY COPYRIGHTED MATERIAL, OR MATERIAL THAT IS SUBJECT TO OTHER THIRD-PARTY PROPRIETARY RIGHTS, UNLESS YOU HAVE WRITTEN PERMISSION FROM THE RIGHTFUL OWNER OF THE MATERIAL OR YOU ARE OTHERWISE LEGALLY ENTITLED TO POST THE MATERIAL AND TO GRANT LSM ALL OF THE LICENSE RIGHTS GRANTED HEREIN. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR WHATEVER MATERIAL YOU SUBMIT, AND THAT YOU HAVE SOLE RESPONSIBILITY FOR THE FEEDBACK, INCLUDING ITS LEGALITY, RELIABILITY, APPROPRIATENESS, ORIGINALITY, AND COPYRIGHT. LSM MAY REFUSE TO ACCEPT OR TRANSMIT USER CONTENT AND SHALL HAVE THE RIGHT TO DELETE, EDIT, MODIFY, REFORMAT, EXCERPT, OR TRANSLATE ANY OF YOUR USER CONTENT.
1. Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
2. Right of Termination
We may suspend or cancel your access to the Website, at our sole discretion, without notice or refund to you if you violate these Terms & Conditions. Your license to use LSM’s Website automatically terminates upon your termination from access. All provisions of these Terms & Conditions that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. You acknowledge and understand that our rights regarding any content you submitted to the Website before your access being terminated, including Feedback, shall survive termination.
3. Disclaimer of Warranties
LSM DISCLAMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
4. Limitation on Liability
IN NO EVENT WILL LSM, ITS AFFILIATES, OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some, or all, of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
You agree to defend, indemnify, and hold harmless LSM, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees, including reasonable attorneys’ fees, arising out of or relating to your violation of these Terms & Conditions and incorporated Policies or your use of the Website, including, but not limited to, any infringement of a third-party’s intellectual property rights, any misuse of the products, goods, or services, any use of the Website’s content, services, and/or products other than as expressly authorized in these Terms & Conditions, or your use of any information obtained from the Website.
6. Dispute Resolution
In an effort to accelerate resolution and reduce the cost of any Dispute related to, or arising out of, these Terms & Conditions and incorporated Policies, you agree to first attempt to negotiate in good faith any Dispute informally for at least sixty (60) days with LSM before either party institutes any arbitration. The negotiation period begins upon receipt of written notice by the party raising the Dispute. Notice may be sent via electronic mailing to email@example.com or via registered mailing to LSM Health and Wellness LLC, 5858 South Padre Dr #109, Corpus Christi, Texas 78412. You consent to receipt of notice from LSM via electronic mailing to your email address provided to LSM during checkout on the Website.
If the Dispute cannot be resolved by negotiations, either party may elect to have the Dispute finally and exclusively resolved by submission to binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. This arbitration provision limits your and LSM’s ability to litigate claims in court and to have the Dispute heard by a jury. You and LSM are waiving the right to trial by jury. Arbitration shall be commenced and conducted by JAMS, pursuant to its Comprehensive Arbitration Rules (available on the JAMS webpage). Arbitration proceedings shall be instituted in the state of Texas, county of Nueces.
7. Governing Law
These Terms & Conditions will be governed and interpreted pursuant to the laws of Texas, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Texas in connection with any dispute between you and us arising out of these Terms & Conditions or pertaining to the subject matter hereof. No arbitration, lawsuit, or other proceeding shall be instituted in any forum but for the state of Texas.
8. Waiver and Severability
No waiver of or by LSM of any term or condition set forth in these Terms & Conditions or Policies shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of LSM to assert a right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms & Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms & Conditions and Policies will continue in full force and effect.
9. Entire Agreement
These Terms & Conditions, along with any posted Policies on the Website, constitute the sole and entire agreement between you and LSM and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website and services thereon.
The Terms & Conditions and Policies are not assignable, transferable, or sublicensable by you except with LSM’s prior written consent. Any assignment in violation of this section shall be null and void. LSM may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
11. Questions, Comments, and Concerns
This Website is operated by LSM Health and Wellness LLC, 5858 South Padre Dr #109, Corpus Christi, Texas 78412. Feedback, comments, requests for technical support, and other communications relating to the Website, should be directed to: firstname.lastname@example.org or by registered mail at the appropriate address below:
LSM Health and Wellness LLC
5858 South Padre Dr #109,
Corpus Christi, Texas 78412
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