Terms & Conditions
- ACCEPTANCE OF TERMS. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. BY PLACING AN ORDER FOR PRODUCTS INCLUDING SAMPLES (collectively “PRODUCTS”) VIA THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. These terms and conditions (these “Terms”) apply to the purchase and sale of Products via terpenebeltfarms.com (the “Site”). These Terms are subject to change by Terpene Belt Processing, LLC, a wholly owned subsidiary of Terpene Belt, Inc., (“TBP” referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and Purchaser should review these Terms before purchasing any Products that are available through this Site. Purchaser’s continued use of this Site after a posted change in these Terms will constitute Purchaser’s acceptance of and agreement to such changes. These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy and Return and Exchange Policy before placing an order for Products or services through this Site.
- ORDER ACCEPTANCE AND CANCELLATION. Purchaser agrees that Purchaser’s order (the “Order”) is an offer to buy, under these Terms, all Products listed in Purchaser’s Order. All Orders must be accepted by us or we will not be obligated to sell the Products to the Purchaser. We may choose not to accept any Orders at our sole and exclusive discretion. After having received Purchaser’s Order, we will send the Purchaser a confirmation email with the Purchaser’s Order number and details of the items Purchaser has ordered. Acceptance of the Purchaser’s Order and the formation of the contract of sale between TBP and Purchaser will not take place unless and until Purchaser has received their Order confirmation email. An order shall not be canceled except by mutual consent. TBP is not required to consent to cancellation if TBP has fulfilled the order. Additional clarification on the Return, Cancellation and Exchange policy page.
- MASTER PURCHASE AGREEMENTS. Some Purchasers may be subject to various master purchase agreements with TBP. If a Purchaser is a party to a master purchase agreement, then the terms of such master purchase agreement shall control all transactions between Purchaser and TBP, not these Terms.
- REPRESENTATIONS OF PURCHASER. Purchaser represents and warrants to TBP, which representations TBP may rely upon, that (a) Purchaser’s acceptance of sale by TBP is authorized by appropriate act of the Purchaser and is executed by an individual authorized to bind the Purchaser; and (b) Purchaser intends to use the Product for a use permitted by law. Purchaser is responsible for obtaining all licenses, permits, or other approvals that may be necessary under all applicable State and Federal laws before any use of the Product and correspondingly for ensuring that the end-user and end use of the Product are permitted under all applicable State and Federal laws.
- LIMITATIONS OF USE. Purchaser shall not itself or allow any third party to reverse engineer or deconstruct the Product.
- PRICES AND PAYMENT TERMS. All prices posted on this Site are subject to change without notice. The price charged for a Product will be the price in effect at the time the Order is placed and will be set out in Purchaser’s Order receipt. Price increases will only apply to Orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to Purchaser’s merchandise total and will be itemized in Purchaser’s shopping cart and in Purchaser’s Order confirmation email. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an Order.
- SHIPMENTS; DELIVERY; TITLE AND RISK OF LOSS. We will arrange for shipment of the Products to Purchaser. Purchaser will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to the Purchaser upon our transfer of the Products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
- RETURNS AND REFUNDS. WE OFFER NO RETURNS OR REFUNDS ON ANY PRODUCTS UNLESS TBP CHOOSES TO ACCEPT A RETURN OR OFFER A REFUND IN WRITING.
- All Products are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability, fitness for a particular purpose, any particular genetic makeup or composition, or results to be achieved from use of Product. Results will vary in use of the Product and can depend, among other things, on the quality of the biomass and the procedures used during the reinfusion process. TBP disclaims any and all warranties that the Product will survive for any particular time, produce any particular result, as well as any and all warranties as to the results to be obtained from use of the Product. No oral advice or written information given by TBP shall create a warranty; nor shall Purchaser rely on any such information or advice. Purchaser further acknowledges and agrees that no warranty is given with respect to the Product, use thereof or results to be obtained as there are numerous variables that affect such that are outside of the control of TBP including but not limited to use, storage, treatment or incorporation of the Product into a final product manufactured or sold by Purchaser.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL TBP BE LIABLE TO THE PURCHASER, UNDER ANY THEORY AT LAW, IN EQUITY, OR OTHERWISE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, REVENUE, GOODWILL).
- Purchaser hereby agrees to indemnify and hold harmless TBP from all liability, claims, demands, causes of action, charges, expenses, and attorney fees resulting from the sale of any Product by TBP whether caused by any negligent act or omission of the TBP or otherwise. Purchaser further indemnifies and holds harmless TBP from all liability, claims, demands, causes of action, charges, expenses, and attorney fees relating to Purchaser’s use or incorporation of the Product into a final product manufactured by Purchaser.
- INTELLECTUAL PROPERTY PROTECTION. (a) TBP retains all right, title, and interest to any and all intellectual property rights associated with TBP and the Product, including but not limited to patents, trademarks, copyrights, and trade secrets, whether such rights are registered or unregistered (“TBP IP”). (b) Purchaser acknowledges and agrees that: (i) TBP IP is the sole and exclusive property of TBP; (ii) Purchaser shall not use TBP IP in any manner without the express written permission of TBP; (iii) Purchaser shall use TBP IP solely for purposes of using the Product under these Terms and only in accordance with the Order and the instructions of TBP; (iv) Purchaser shall not make any claim or take any action adverse to TBP’s ownership of the TBP IP; (v) Purchaser shall not misappropriate any of TBP’s trademarks for use without prior written consent from TBP; (vi) Purchaser shall not engage in any action that tends to disparage, dilute the value of, or reflect negatively on the Products sold hereunder or TBP IP; and (vii) Purchaser shall not alter, obscure or remove any of TBP’s trademarks or copyright notices or any other proprietary rights notices placed on the Products, marketing materials or other materials that TBP may provide.
- CALIFORNIA ONLY – PROPOSITION 65 WARNING. The California Safe Drinking Water and Toxic Enforcement Act of 1986, commonly referred to as “Proposition 65” requires entities doing businesses in California to provide warning to consumers about significant exposures to chemicals that have been identified by the state to cause cancer, birth defects or reproductive harm. In 2016, the California Office of Environmental Health Hazard Assessment (OEHHA) promulgated new consumer warning regulations that took effect on August 30, 2018 (27 Cal. Code Reg. Section 25600 et seq.). TBP Products contain compounds including beta-myrcene, a naturally occurring terpene found in certain strains of the cannabis plant, which are known to the State of California to cause cancer. For more information go to https://www.p65warnings.ca.gov/.
- GOVERNING LAW AND JURISDICTION. These Terms shall be governed by the law of the State of California without consideration of conflict of laws principles. Any dispute which arises under this Agreement, or otherwise as a result of TBP’s provision of Products to Purchaser, shall be litigated exclusively in the state or federal courts located in Alameda County, California and Purchaser expressly waives any and all objections to jurisdiction and venue of any such action in Alameda County, California.
- MISCELLANEOUS TERMS. (a) Purchaser may not assign its rights and obligations under the Order. (b) Any consent, agreement, or notice required or permitted to be given or made by one of the Parties hereto to other party will be in writing and will be delivered in person or by certified mail. Such notice will be effective upon receipt. Addresses and designated contact names will be set forth in the Order and such addresses and designated contact names may be modified from time to time, by written notice to the other party, given in the aforesaid manner. (c) It is intended that each provision of these Terms will be viewed as separate and divisible, and that in the event any provision is held to be invalid, the remaining provisions will continue in full force and effect. (d) No change, modification, or waiver to any terms or scope of any Order will be binding and valid unless it is accepted in writing and signed by an authorized representative of TBP. No waiver of any of the provisions of these Terms will be deemed or constitute, waiver of any other provision, whether or not similar, nor will any waiver constitute a continuing waiver.
