Welcome to https://topcbdpro.com (the “Site”). The Site is owned and operated by Canigma Tree Ltd. (“Company,” “Us”, “Our,” and/or “We”), and its affiliates, subsidiaries, parent company, and other related companies. Through the Site and related sub-domains, mobile and/or software applications, Company provides an online marketplace for the sale and purchase of certain cannabis-based cannabidiol (CBD) varieties and related products which include reviews and ratings provided by its users and cannabis-related news stories and other articles (collectively, with all other services provided through the Site, the “Services”). The following terms (the “terms”) stipulate the terms and conditions of your use of the Site and Services.
1. Important Disclaimers
1.1. Third Party Information and Materials. ALL INFORMATION CONTAINED ON THE SITE AND SERVICES IS FOR INFORMATIONAL PURPOSES ONLY. COMPANY DOES NOT ENDORSE, AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF, ANY OPINION, ADVICE, STATEMENT, OR OTHER INFORMATION MADE ON THE SITE OR SERVICES, INCLUDING YOUR CONTENT AND THIRD-PARTY MATERIALS (each as defined below). Company is not responsible for your relationship with any third party service provider or seller, dispensary, health care provider, any third-party, or other users of the Site or Services. COMPANY IS NOT OBLIGATED TO SCREEN THIRD PARTY SELLERS OR THEIR PRODUCTS, CONTENT, OR OFFERS TO DETERMINE WHETHER THEY ARE QUALIFIED OR AUTHORIZED BY LAW TO PROVIDE THEIR SERVICES OR TO DETERMINE THE ACCURACY OF THEIR PRODUCTS, INGREDIENTS, INFORMATION OR ANY OTHER THIRD-PARTY MATERIALS (AS DEFINED BELOW) THAT THEY PROVIDE.
1.2. Medical Information Disclaimer. The Site and Services may contain general information and content about diet, health and nutrition. This information and content is not advice, and should not be treated as such. The contents of the Site and Services are for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health professional with any questions you may have regarding a medical condition. The Company makes no representations or warranties whatsoever in relation to any health information on the Site and Services. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information in Company materials or provided by any Company representative, none of which information is intended to be a substitute for medical diagnosis, advice or treatment. If you are considering making any changes to your lifestyle, diet or nutrition, including taking any nutritional, herbal or homeopathic supplement, you should consult with your doctor or other health care provider before doing so. NEITHER THE COMPANY NOR ITS REPRESENTATIVES IS PROVIDING ANY MEDICAL ADVICE, AND NONE SHOULD BE INFERRED, FROM ANY IDEAS, SUGGESTIONS, TESTIMONIALS OR OTHER INFORMATION SET FORTH ON THE SITE AND SERVICES OR IN OTHER COMPANY MATERIALS OR PROVIDED OVER THE PHONE OR IN EMAIL CORRESPONDENCE OR IN THE COMPANY’S MARKETING MATERIALS OR ON ITS SOCIAL MEDIA PAGES. All of the information on the Site and Services, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and the Company does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not or no longer accurate or complete.
1.3. Tetrahydrocannabinol (THC) Disclaimer. The Company’s industrial-hemp derived supplements, and the majority of industrial-hemp products on the market, contain a naturally occurring trace amount of THC. The amount of THC in our products never exceeds 0.2% concentration by weight, per state and federal regulations and definitions of industrial hemp, and while it is highly unlikely that one would fail a traditional drug test from using our products, that possibility cannot be ruled out. Taking excessive amounts of industrial hemp products, the type or method of drug test utilized, and an employer’s or organization’s requirements and policies, among other things, are factors that may influence drug test results. By agreeing to these Terms and placing an order with us, you are indicating that YOU UNDERSTAND THAT FAILING A DRUG TEST IS A POSSIBILITY WHEN USING INDUSTRIAL HEMP PRODUCTS, AND THAT YOU WAIVE THE RIGHT TO MAKE A CLAIM AGAINST THE COMPANY FOR ANY MATTERS RELATED TO ANY DRUG TEST YOU TAKE OR THE RESULTS OF ANY SUCH DRUG TEST, INCLUDING THE LOSS OF EMPLOYMENT OR ANY EMPLOYMENT OPPORTUNITY OR THE IMPOSITION OF A CIVIL OR CRIMINAL PENALTY.
1.4. Your compliance with applicable law. The Company makes no representations that the products available through the Site and Services will be available or appropriate in every jurisdiction in which the Site and Services may be accessed. To the best of the Company’s knowledge, it operates legally; however, it is impossible for the Company to be aware of the laws and regulations of all local jurisdictions (e.g. municipalities, counties etc.) relating to industrial hemp-derived products. The Company is not responsible for any potential legal matters that may arise due to such local regulations. You are solely responsible for compliance with any laws governing the purchase and use of the products available through the Company’s website or a website linked to the Company’s website. IT IS YOUR RESPONSIBILITY AS THE PURCHASER AND/OR USER, NOT the COMPANY’S, TO ASCERTAIN AND OBEY ALL APPLICABLE LAWS REGARDING THE POSSESSION AND USE OF ANY ITEM OR PRODUCT OFFERED BY THE COMPANY OR ANY THIRD PARTY SELLER OR BY ANY WEBSITE LINKED TO THE SITE. IF YOU ARE UNSURE, PLEASE CONTACT YOUR LOCAL AUTHORITIES BEFORE PLACING AN ORDER. BY PLACING AN ORDER, YOU INDICATE THAT YOU UNDERSTAND AND AGREE IT IS YOUR SOLE RESPONSIBILITY AS THE CONSUMER TO DETERMINE IF INDUSTRIAL HEMP DERIVED PRODUCTS ARE LEGAL ACCORDING TO THE LAWS THAT APPLY TO YOU AND REPRESENT AND WARRANT THAT YOU HAVE READ THIS DISCLAIMER AND THAT ALL PRODUCTS PURCHASED WILL BE USED IN A LAWFUL MANNER AND THAT YOU ARE OF LEGAL AGE TO PURCHASE AND USE SUCH PRODUCTS.
1.5. FOR THE AVOIDANCE OF DOUBT, THE ABOVE DISCLAIMERS AND LIMITATIONS ON LIABILITY SHALL NOT LIMIT THE MORE GENERAL DISCLAIMERS AND LIMITATIONS ON LIABILITY IN SECTION 8 OR ELSEWHERE IN THESE TERMS.
2. Proprietary Rights
2.1. Any and all trademarks, service marks, product names, and trade names of the Company appearing on or through the Site and the Services and all content included in or made available through the Site and the Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software are exclusively owned by the Company or its affiliates. All other trademarks, service marks, product names, logos and content appearing on or through the Site and the Services are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on the Site and the Services without the owner’s prior written consent.
2.2. The Company retains sole and exclusive ownership of all rights, title and interests in the Site and the Services and all intellectual property rights relating thereto, including, without limitation, issued patents and pending patent applications with respect to the Site and the Services and the technology related thereto. This provision shall survive termination and expiration of these Terms and shall remain in full force and effect thereafter.
3. License And Access
3.1. Subject to your compliance with these Terms and your payment of any applicable fees, the Company or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Site and Services. This license does not include any resale or commercial use of the Site and/or Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms are reserved and retained by the Company or its licensors, suppliers, publishers, rightsholders, or other content providers.
3.2. Neither the Service, nor any part thereof, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company without express written consent. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company. You may not misuse the Site or Services. You may use the Site and Services only as permitted by law. The licenses granted by the Company terminate immediately if you do not comply with these Terms.
3.3. You must be at least twenty-one (21) years of age to access the Site and Services, to purchase any products on the Site, or to use any Site functionality.
3.4. In order to use certain features of the Site (e.g., to use the Services), you may need to register for an account with the Company (the “Account”) and you may be required to be logged in to the Account and have a valid payment method associated with it. You represent and warrant that: (i) all required registration information you submit is truthful and accurate; and (ii) you will maintain the accuracy of such information at all times. You may not create more than one Account. The Company reserves the right to refuse service, terminate accounts, terminate your rights to use the Site and Services, remove or edit Your Content, or cancel orders in its sole discretion. You may delete your Account at any time, for any reason, by sending an email to email@example.com which includes your Account username and your request to delete your Account. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
4. User Content
4.1. You may post reviews, comments, photos, videos, and other content (“Your Content”); and submit suggestions, ideas, comments, questions, or other information, so long as the Your Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of Your Content. the Company reserves the right (but not the obligation) to remove or edit Your Content, but does not regularly review posted content.
4.2. If you do post content or submit material, and unless we indicate otherwise, you grant the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display Your Content throughout the world in any media. You grant the Company and sub-licensees the right to use the name that you submit in connection with Your Content, if we so choose. You represent and warrant that you own or otherwise control all of the rights to Your Content; that Your Content is accurate; that use of Your Content does not violate these Terms and will not cause injury to any person or entity; and that you will indemnify the Company for all claims resulting from Your Content. the Company has the right but not the obligation to monitor and edit or remove any activity or content. the Company takes no responsibility and assumes no liability for any content posted by you or any third party.
4.3. You must have a valid account and email address to leave a review on the Site. Prior to posting a review, you will need to verify your email address associated with your Account. You agree not to post reviews on the Site, Services, or any of Company’s social media pages or channels that are not based upon your personal experience or are otherwise designed for any purpose other than providing other users on the Site with an accurate description of your personal experience. Reviews based on secondhand, non-personal experience are not allowed.
5. Third-Party Interactions and Materials
5.1. During use of the Site or Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party service providers, advertisers, sellers or sponsors showing their products and/or services through the Service. In particular, Company is not a party to any transaction that you may enter into with a third-party. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third-party. The Company shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction, or promotion between you and any such third-party. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.
5.2. You acknowledge that parties other than the Company operate stores, provide services or software, or sell product lines through the Site and Services (“Third-Party Products”). In addition, we may display, include, or make available third-party content or contain links to third party websites, services, and advertisements for third parties, including pricing, product names, and product descriptions (“Third-Party Links”, and collectively, the “Third-Party Materials”). If you purchase any of the Third-Party Materials, you are purchasing directly from those third parties, not from the Company. You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or user for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk. When you link to a Third-Party Material, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Material.
6. Payment, Title, Refunds and Returns
6.1. Company accepts credit card payments only. You agree to pay all fees charged to your account based on Company’s fees, charges, and billing terms in effect as shown on the payment at the time of your purchase. You are also responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase of products based on the address that you provide as the shipping address when you opened your Account, and you authorize Company or the third party payment processing service provider that we engage to charge your credit card for any such taxes and fees. All payments shall be made by credit card in advance prior to shipping the products. If you do not pay on time or if your credit card cannot be charged for any reason, Company reserves the right to either suspend or terminate your Account, cancel any order, and terminate these Terms. All sales and payments will be made in EUR, USD or GBP.
6.2. The risk of loss and title for all products purchased via the Site and Service pass to you upon delivery of the relevant items to the carrier. We take customer satisfaction very seriously. All of our products are tested for quality, and all shipments are carefully inspected before leaving our warehouse. Please check your shipment carefully upon arrival to ensure it has not been damaged during shipping.
6.3. Refund requests must be made directly to Company at firstname.lastname@example.org. All refund requests must be made within 30 days of the date of shipment by Company. Company is not liable for products that are damaged or lost in return transit to Company. Promptly following Company’s receipt of your request (typically within 5 business days), Company will credit the amount paid for the returned product (less any shipping and handling costs/fees related to the original purchase, which are non-refundable) to the credit card you used to make the original purchase. Notwithstanding the foregoing, Company does not control when a specific credit card company processes a chargeback transaction. You are responsible for contacting your credit card company if you have questions about the status of the chargeback. Company will not provide a refund for a request that is received by Company more than 30 days after the date of original shipment. Company also does not provide a refund for returned products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use.
7.1. You agree to indemnify and hold Company (and its officers, employees, and agents) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and/or expenses (including reasonably attorneys’ fees) arising from or relating to any claim or demand made by any third party due to or arising out of (i) your use or misuse of the Site or Services, (ii) Your Content, (iii) your violation of these Terms; or (iv) your violation of applicable laws or regulations. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
7.2. The Company attempts to be as accurate as possible. However, the Company does not warrant that product descriptions or other content on the Site or Service is accurate, complete, reliable, current, or error-free. If a product offered by the Company itself does not meet its description, your sole remedy is to return it in unused condition.
8.1. THE SITE, THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE AND THE SERVICES ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE AND THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE AND SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK.
9. Limitation of Liability
9.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S (AND OUR SUPPLIERS’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID COMPANY IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
10. Term and Termination
10.1. Subject to this Section 10, these Terms will remain in full force and effect while you use the Site or Services. We may (a) suspend your rights to use the Site and/or Services (including your Account) or (b) terminate these Terms, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of these Terms.
10.2. Upon termination of these Terms, your Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your Account may involve deletion of Your Content associated therewith from our Site, Services, and live databases. Company will not have any liability whatsoever to you for any termination of these Terms, including for termination of your Account or deletion of Your Content. All terms and provisions of these Terms, which by their nature are intended to survive any termination or expiration of these Terms, will so survive
11.1. We may amend these Terms at any time in our sole discretion. If we do so, we will post the modified Terms on the Service. The modifications will be effective immediately. You agree to review these Terms periodically so that you are aware of any modifications. Continued use of our Site or Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes
11.2. You agree that we may send you emails concerning our products and services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.
11.3. These Terms constitutes the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision, nor shall any single or partial exercise by Company of any right or power hereunder preclude further exercise of that or any other right hereunder.
11.4. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
11.5. Nothing contained herein shall be construed to establish an employment, partnership, or joint venture relationship between you and Company.
11.6. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of these Terms shall be binding upon assignees.
11.7. Any claim relating to the Site or the Services or these Terms shall be governed by the laws of the State of Israel, without regard to its conflict of law provisions.