GETHUMMINGBIRDCBD.COM TERMS AND CONDITIONS
Effective Date: 01-31-19
By accessing and using this site https://hbbotanicals.com/ whichis provided by Hummingbird Botanicals LLC, you agree that you have a duty to read these Terms and Conditions, that you have done so, and that you accept these Terms and Conditions in full, including, without limitation, Warranty Disclaimer and Limitation of Liability set forth further below. Furthermore, you understand and accept that you are precluded from using lack of reading as a defense against all remedies contained herein. If you DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE YOU MAY NOT ACCESS OF USE THIS SITE OR THE SERVICES CONTAINED HEREIN.
Please see our return policy for details about returns and refunds.
These Terms and Conditions are subject to change by Hummingbird Botanicals, LLC at any time in its discretion. Your use of this site, including any product order, after any such changes are implemented constitutes your acknowledgment and acceptance of the changes. When changes are made, Company will make a new copy of the Terms of Service available at the site and any new Supplemental Terms will be made available from within, or through, the affected Service on the site.
Access to this Site
You must be eighteen (18) years or older to use this website, including to register for an account and purchase goods or services on our website.If you are under eighteen (18) years of age, you are not permitted to access this website for any reason. It is your responsibility to know whether you are legally able to purchase product from this site. By using this website you warrant and represent that you are at least eighteen (18) years of age. Due to the age restrictions for use of this website, no information obtained by this site falls within the Child Online Privacy Act (COPA).
Use of this Site
You agree to use our website only for lawful purposes. Information you MAY NOT post, send, submit, publish, or transmit in connection with this site any material that:\
- is considered harassment in any manner or form including via e-mail, chat
- use of obscene or abusive language, is strictly forbidden.
- content or material of any kind which is unlawful, fraudulent, libelous, defamatory, obscene, profane, threatening, derogatory, invasive of privacy or publicity rights
- abusive or illegal content which we otherwise deem objectionable, or 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 applicable local, state, national, or international law.
- is considered solicitation of 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.
- solicits funds, advertisers or sponsors;
- that amounts to a ‘pyramid’ or similar scheme;
You may access and use this website for purposes expressly permitted by Hummingbird Botanicals. You may not use it for any other purposes, including commercial purposes such as co-branding, framing, or hyperlinks, without the express prior written permission of an authorized representative of Hummingbird Botanicals. For purposes of these Terms and Conditions, “co-branding” means displaying a name, logo, trademark, tradename or other means of attribution or identification of any party in such a manner as to reasonably give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible through this site.
Medical Information Disclaimer
Any statements on this site or any materials or products we distribute or sell have not been evaluated by the Food and Drug Administration (“FDA”). Neither the products nor the ingredients in any of the products available on the site have been approved or endorsed by the FDA or any regulatory agency. The products on the site are not intended to diagnose, treat, cure or prevent any disease. The information on this site 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, we suggest consulting with a physician before using any of our products.
You must not rely on the information on this website as an alternative to medical advice from your doctor or other professional healthcare provider. If you think you may be suffering from any medical condition, you should seek medical attention. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information in any materials or provided by any Company representative, none of which information is intended to be a substitute for medical diagnosis, advice or treatment.
Neither the Company nor its representatives are providing any medical advice, and none should be inferred, from any ideas, suggestions, testimonials or other information set forth on this website or in other Company materials or provided over the phone or in email correspondence. All of the information on this website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Hummingbird Botanicals does not undertake any obligation to update said information after it is posted or to remove said information from this site if it is not or no longer accurate or complete.
This website may contain links to third-party websites. The Company provides these hyperlinks as a convenience only and does not sponsor or endorse any of these sites or their contents. The Company is not responsible for the content of and does not make any representations or warranties regarding the content or materials on said linked third-party websites. If you decide to access or rely on information at a linked third-party website, you do so at your own risk.
The material and content of this site, including but not limited to text, logos, photos, graphics and code (collectively “Content”) are protected by copyright, trademark or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the United States and other copyright laws and is the property of Hummingbird Botanicals, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content.
Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order or purchasing Hummingbird Botanicals products. You may display and, subject to any expressly stated restrictions or limitations, 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 or purchase products from Hummingbird Botanicals. 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 in writing by Hummingbird Botanicals. You may not modify, remove, delete, augment, add to, publish, or participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. All rights to such Content are reserved to Hummingbird Botanicals, or its licensor. You further agree not to change or delete any proprietary notices, warranties, or disclaimers from materials downloaded from the site.
If you violate any of these terms, your permission to use the Content automatically will terminate and you must immediately destroy any copies you have of any portion of the Content.
You agree to indemnify, defend and hold harmless Hummingbird Botanicals, its subsidiaries, affiliates, officers, directors, employees, agents, suppliers, contractors, licensors, and service and content providers (hereinafter known as the “Indemnified Parties”) 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 person accessing the site using your account. You also agree to indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
Limitation on Liability
In no event shall any indemnified parties be liable for any actual, consequential, incidental, direct, indirect, punitive, exemplary, special, or other damages, including without limitation loss of revenue or income, profits, value or use, pain and suffering, or similar damages, even if the company has been advised of the possibility of such damages. No person is authorized on behalf of Hummingbird Botanicals to give any other representations, or to modify or extend the limited warranties provided on this website, or to assume any other liability in connection with this website or the products offered for sales by Hummingbird Botanicals . In no event shall the collective or total liability of the indemnified parties to any party for any claim (regardless of the form of action, whether in contract, warranty, tort or otherwise, excluding willful misconduct or gross negligence) exceed the price paid for the product or service which gives rise to such claim.
Hummingbird Botanicals shall not, under any circumstances, be liable for any use of, or the inability to use, the materials on this site. Applicable law may restrict the use or extent of limitations or exclusions to liability for incidental or consequential damages, so the foregoing limitations and exclusions may not apply in full to you. Nonetheless, in no event will Hummingbird Botanicals liability for products purchased from this site exceed the price paid for such products, including any shipping and handling charges.
Hummingbird Botanicals industrial-hemp derived supplements, and the majority of industrial-hemp products on the market, contain a naturally occurring trace amount of tetrahydrocannabinol (THC). The amount of THC in our products never exceeds 0.3% 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 Conditions 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 Hummingbird Botanicals 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.
Local Jurisdictions/Buyer’s Compliance with Applicable Laws
Hummingbird Botanicals makes no representations that the products available through this website will be available or appropriate in every jurisdiction in which this website may be accessed. To the best of Hummingbird Botanicals knowledge, it operates legally under both state and federal law in the United States; however, it is impossible for the Company to be aware of the laws and regulations of all local jurisdictions (e.g.municipalities and counties) relating to industrial hemp-derived products. Hummingbird Botanicals isn’t 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 Hummingbird Botanical’s website or a website linked to Hummingbird Botanical’s website. IT IS YOUR RESPONSIBILITY AS THE PURCHASER AND/OR USER, NOT HUMMINGBIRD BITANICALS TO ASCERTAIN AND OBEY ALL APPLICABLE LOCAL, STATE, AND FEDERAL LAWS REGARDING THE POSSESSION AND USE OF ANY ITEM OR PRODUCT OFFERED BY HUMMINGBIRD BOTANICAL’S OR BY A WEBSITE LINKED TO HUMMINGBIRD BOTANICAL’S WEBSITE. IF YOU ARE UNSURE, PLEASE CONTACT YOUR LOCAL OR STATE AUTHORITIES BEFORE PLACING AN ORDER. BY PLACING AN ORDER, YOU INDICATE THAT YOU UNDERSTAND AND AGREE it is your sole responsibility as buyer 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.
This site and, except as provided in the following sentence, the materials, and products offered on this site are provided “as is” and without warranties of any kind, whether express or implied. Hummingbird Botanical’s warrants that all Hummingbird Botanical’s products purchased on this site, at the time of shipment, will not be adulterated, and will contain the ingredients specified for the products as labeled.
Hummingbird Botanicals makes no warranty with respect to products, services or this website that is not set forth in writing in these terms and conditions, and specifically disclaims and excludes, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, any and all other representations and warranties of any kind, express or implied, arising by operation of law or otherwise, including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose. The remedies provided in these terms and conditions are exclusive, and Hummingbird Botanicals expressly and specifically disclaims, and customer irrevocably waives the right to seek, all other remedies.
Hummingbird Botanicals does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Hummingbird does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Some states restrict the use or extent of limitations or exclusions regarding warranties, so the foregoing limitations may not apply in full to you.
Hummingbird Botanicals may deliver notice to you by means of a general notice posted on the site, or an e-mail to any address you have provided to Hummingbird Botanicals, or by any other method reasonably believed by Hummingbird Botanicals to be reliable.
Governing Law; Jurisdiction
Any disputes arising from services provided via the website shall be governed in all respects by the laws of the state of Colorado, United States of America. You agree that personal jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to this site or these Terms and Conditions (including but not limited to the purchase of Hummingbird Botanicals products) shall be in the state and federal courts located in Colorado. Any cause of action or claim you may have with respect to this site (including but not limited to the purchase of Hummingbird Botanicals products) must be commenced within one (1) year after the claim or cause of action accrues. Hummingbird’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.
If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Prices and Taxes
Prices listed on this website for products or services, unless otherwise noted, are exclusive of shipping charges, and of any applicable value-added, sales, use, excise, transfer, transport, or other tax, tariff or duty of any sort imposed by any government authority (“Taxes”). Customers are solely responsible for all Taxes payable in connection with the purchase of products or services.
Product Availability; Orders
All purchases through our website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region or jurisdiction. We reserve the right, in our sole discretion, to refuse orders. If we believe that an order is false or fraudulent, we may cancel the order and reserve the right to inform the relevant authorities.
For online orders, we accept payment by Visa, and Mastercard. If a payment is not successfully settled, due to invalid payment method, declined credit, expiration, insufficient funds or otherwise, we reserve the right to cancel your order. Orders are shipped only after receipt of full payment. Hummingbird Botanical’s Terms and Conditions, including, without limitation, the provisions regarding limitation of liability and indemnification, apply with respect to payment methods and payment processing, and Hummingbird Botanicals is not responsible for any charges, errors or losses that may result from any payment method used by you for the purchase of our products.
Typographical and Inadvertent Errors
In the event that a Hummingbird Botanicals product is mistakenly listed at an incorrect price, Hummingbird Botanicals reserves the right to refuse or cancel any orders placed for that at the incorrect price, whether or not the order has been confirmed and your credit card charged. If your credit card has been charged for the purchase and your order is canceled, Hummingbird Botanicals shall issue a credit to your credit card account in the amount of the incorrect price charged to you.
Promotion and Coupon Codes
Multiple coupon codes cannot be used simultaneously. Coupon codes can not be used on sale items, unless otherwise indicated.
Shipping & Delivery
We generally ship items within one or two business days of our receipt and acceptance of an order. If there is a delay affecting our ability to ship generally, we will attempt to conspicuously post that fact on this site.
We fill domestic orders using United States Postal Service Priority Mail and United Parcel Service, which generally results in delivery within two to three days. Requests for use of a courier service or for overnight shipping cannot be processed on this website; however, we generally can accommodate these requests if you place your order by phone at the telephone number first appearing above. Hummingbird Botanicals requires a signature at delivery for all orders with a value of $250 or more.
Unless otherwise expressly agreed in writing, TIME IS NOT OF THE ESSENCE, and any delivery date requested or provided is an estimate only. Hummingbird is not responsible for delays or for non-performance resulting from causes beyond its reasonable control, including without limitation laws, rules, regulations or acts of any government, embargoes, blockades, armed conflict, terrorism, labor disputes, delays of carriers or suppliers, shortages of material, accidents, fires, floods, weather conditions and any other acts of God.
Please see our return policy for details about returns and refunds.
If a package is lost after we ship it, which does occasionally occur, Hummingbird Botanicals will not be responsible if the tracking information lists the order as “delivered,” which means USPS or the courier service delivered the product to the address specified. If the package is sent to an address other than the one you specified, upon return of the original package to Hummingbird Botanicals, Hummingbird Botanicals will reship the order. Please note that Hummingbird Botanicals is not responsible for errors of USPS or courier services, or if you provide or confirm an incorrect address. It, therefore, is very important that you ensure that the address you give to us is exactly correct, as any mistake could delay delivery and will entail extra expense to you. If you place an order by phone, we will read the delivery address (and other information you provide) aloud and repeat it to you, to help you be sure it is correct.
Product Defects & Damaged Packages
We allow three days from the date of delivery to notify us if there is any type of defect with a product or if the package it was in was damaged in transit. If we aren’t notified of defects or damages within the three-day window, it is understood that the package and products were in good condition upon delivery.