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Agreement between User and nutsandbuds.com
Welcome to nutsandbuds.com. The nutsandbuds.com website (the "Site") is comprised of various
web pages operated by Gnome Grown Genetics LLC dba Nuts & Buds ("Nuts and Buds").
nutsandbuds.com is offered to you conditioned on your acceptance without modification of the
terms, conditions, and notices contained herein (the "Terms"). Your use of nutsandbuds.com
constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy
of them for your reference.
nutsandbuds.com is an E-Commerce Site.
nutsandbuds.com is a source for information pertaining to CBD and hemp as well as a source for
purchasing products including, but not limited to CBD oils and tinctures, lotions, salves, bath salts
and hemp flower.
Privacy
Your use of nutsandbuds.com is subject to Nuts and Buds's Privacy Policy. Please review our
Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting nutsandbuds.com or sending emails to Nuts and Buds constitutes electronic
communications. You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that Nuts and Buds is not
responsible for third party access to your account that results from theft or misappropriation of
your account. Nuts and Buds and its associates reserve the right to refuse or cancel service,
terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Nuts and Buds does not knowingly collect, either online or offline, personal information from
persons under the age of thirteen. If you are under 18, you may use nutsandbuds.com only with
permission of a parent or guardian.
Cancellation/Refund Policy
You may cancel your order within 24 hours for a full refund. You may qualify for a full refund
within 7 days if dissatisfied with the product, provided you return the unused portion to us. Please
contact us at [email protected] with any questions.
Links to Third Party Sites/Third Party Services
nutsandbuds.com may contain links to other websites ("Linked Sites"). The Linked Sites are not
under the control of Nuts and Buds and Nuts and Buds is not responsible for the contents of any
Linked Site, including without limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site. Nuts and Buds is providing these links to you only as a convenience, and
the inclusion of any link does not imply endorsement by Nuts and Buds of the site or any
association with its operators.
Certain services made available via nutsandbuds.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from the nutsandbuds.com
domain, you hereby acknowledge and consent that Nuts and Buds may share such information and
data with any third party with whom Nuts and Buds has a contractual relationship to provide the
requested product, service or functionality on behalf of nutsandbuds.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
nutsandbuds.com strictly in accordance with these terms of use. As a condition of your use of the
Site, you warrant to Nuts and Buds that you will not use the Site for any purpose that is unlawful
or prohibited by these Terms. You may not use the Site in any manner which could damage,
disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the
Site. You may not obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Nuts and Buds or its
suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Nuts and Buds content is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of Nuts and Buds and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses, express or implied,
to the intellectual property of Nuts and Buds or our licensors except as expressly authorized by
these Terms.
International Users
The Service is controlled, operated and administered by Nuts and Buds from our offices within the
USA. If you access the Service from a location outside the USA, you are responsible for
compliance with all local laws. You agree that you will not use the Nuts and Buds Content
accessed through nutsandbuds.com in any country or in any manner prohibited by any applicable
laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Nuts and Buds, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
Nuts and Buds reserves the right, at its own cost, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you, in which event you will fully cooperate with
Nuts and Buds in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
and Conditions.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. GNOME GROWN GENETICS LLC DBA NUTS & BUDS
AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
SITE AT ANY TIME.
GNOME GROWN GENETICS LLC DBA NUTS & BUDS AND/OR ITS SUPPLIERS
MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON
THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OR CONDITION OF ANY KIND. GNOME GROWN GENETICS LLC
DBA NUTS & BUDS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL GNOME GROWN GENETICS LLC DBA NUTS & BUDS AND/OR ITS
SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR
PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE
OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING
OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GNOME GROWN
GENETICS LLC DBA NUTS & BUDS OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Nuts and Buds reserves the right, in its sole discretion, to terminate your access to the Site and the
related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of North Carolina and you
hereby consent to the exclusive jurisdiction and venue of courts in North Carolina in all disputes
arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that
does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Nuts and Buds as a result of this agreement or use of the Site. Nuts and Buds's
performance of this agreement is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of Nuts and Buds's right to comply with governmental, court and
law enforcement requests or requirements relating to your use of the Site or information provided
to or gathered by Nuts and Buds with respect to such use. If any part of this agreement is
determined to be invalid or unenforceable pursuant to applicable law including, but not limited to,
the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and Nuts and Buds with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and Nuts and
Buds with respect to the Site. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings based upon or relating
to this agreement to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It is the express wish
to the parties that this agreement and all related documents be written in English.
Changes to Terms
Nuts and Buds reserves the right, in its sole discretion, to change the Terms under which
nutsandbuds.com is offered. The most current version of the Terms will supersede all previous
versions. Nuts and Buds encourages you to periodically review the Terms to stay informed of our
updates.
Contact Us
Nuts and Buds welcomes your questions or comments regarding the Terms:
Gnome Grown Genetics LLC dba Nuts & Buds
PO Box 271
Roxobel, North Carolina 27872
Email Address:
[email protected]
Telephone number:
2527551663
Effective as of June 01, 2021