Terms and Conditions of Service
www.pharmagenelabs.com (hereinafter referred to as the “company” or “Pharmagenelabs”) is a marketplace for numerous products, including products made with cannabidiol (hereinafter “CBD”) derived from industrial hemp, and other products intended for ingestion or topical use.
The Company is willing to provide products to you only upon the condition that you accept all the terms contained in this Agreement. By ordering, receiving or using any product provided by Pharmagenelabs.com, you indicate that you understand this Agreement and accept all of its terms. If you do not accept all the terms of this Agreement, then the Company is unwilling to provide any products to you.
The Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
Users of Pharmagenelabs.com agree that they will not buy any products for any illegal purpose or improper use. Pharmagenelabs.com is not responsible for any use or misuse of any product provided through Pharmagenelabs.com that results in injury or other damage to any person or property.
Pharmagenelabs.com reserves the right to discontinue site availability or the availability of any product at any time without notice.
ACKNOWLEDGMENT OF LAW
It is solely the responsibility of the user to ascertain and obey all applicable local, state, and federal laws in regard to the receipt, possession and use of any product purchased through our Services. All products are sold upon the express condition that Pharmagenelabs.com shall not be liable in any action for the arrest, accident, or injury occasioned during the transportation, handling, storage, sale, or use of the merchandise. Pharmagenelabs.com bears no responsibility or liability for any products provided or used not in accordance with the relevant legal provisions. By ordering any product from Pharmagenelabs.com, you agree to comply fully with all applicable federal, state, and local laws related to the purchase, receipt and use of said product.
By ordering any product from Pharmagenelabs.com, you also agree to comply fully with all U.S. and foreign export laws and regulations to ensure that no product is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
REPRESENTATIONS AND DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
By using the Service, you expressly represent and warrant that you are legally entitled to enter this Agreement. If you reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Service. Without limiting the foregoing, the Service is not available to children (persons under the age of 18). By using the Service, you represent and warrant that you are at least 18 years old. By using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation in using the Service is for your sole, personal use.
By using the Service, you agree that:
- You will only use the Service for lawful purposes; you will not use the Services to receive or use any product for fraudulent or unlawful purposes.
- You will not use the Service to cause nuisance, annoyance or inconvenience.
- You will not try to harm the Service in any way whatsoever.
- You will only use the products obtained through the Service for your own use and will not resell said products to a third party.
- You will provide us with whatever proof of identity we may reasonably request.
- You will at all times act in full compliance with the laws of the location in which you reside pertaining to use of any CBD based product or any other product available through this site.
Pharmagenelabs.com is not liable for any injury or damage resulting from the use or misuse of any product provided through Pharmagenelabs.com. Pharmagenelabs.com will not be liable for damages of any kind, including, without limitation, special or consequential damages, arising out of your access to, or inability to access, this site or your use of, or reliance on this site.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
PHARMAGENELABS.COM AND ALL INFORMATION, CONTENT, MATERIALS, AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH PHARMAGENELABS.COM ARE PROVIDED BY PHARMAGENELABS.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PHARMAGENELABS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH PHARMAGENELABS.COM, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PHARMAGENELABS.COM WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PHARMAGENELABS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PHARMAGENELABS.COM DOES NOT WARRANT THAT THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PHARMAGENELABS.COM WEBSITE PHARMAGENELABS.COM’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM INNOVATIVECBD.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INNOVATIVECBD.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF PHARMAGENELABS.COM, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH PHARMAGENELABS.COM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
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 MIGHT HAVE ADDITIONAL RIGHTS.
By entering into this Agreement and using the Service, you agree that you shall defend, indemnify and hold the Company, its subsidiaries, affiliates, officers, directors, Users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; and (b) your use or misuse of the Service or your use or misuse of any products provided through this Service.
The Company may give notice by means of a general notice on the Service, electronic mail to your email address on record in the Company’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in the Company’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) at any time by sending an email to: [email]; Please specify the reason for the email in the subject line so it can be forwarded to the proper department.
This Agreement may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
You and Company agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Company are each waiving the right to a trial by jury or to participate as a plaintiff or class User in any purported class action or representative proceeding. Further, unless both you and Company otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for Louisiana. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Louisiana and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and Company otherwise agree, the arbitration will be conducted in Jefferson Parish Louisiana. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Company submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Representations and Disclaimers and Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The prevailing party in arbitration will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Changes. Notwithstanding the provisions of the modification-related provisions above, if Company changes this “Dispute Resolution” section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending us a notice to [email] with “Legal” in the subject line within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Company’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Company in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
The User Agreement and the relationship between you and Pharmagenelabs.com shall be governed by the laws of the State of Louisiana without regard to its conflict of law provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
This Agreement constitutes the entire agreement between you and Pharmagenelabs.com and governs your use of the Service, superseding any prior agreements between you and Pharmagenelabs.com