GodsGreenery.comTerms and Conditions of Use
Miraculo Inc. (“Company”)
Revised as of October 9, 2020
Welcome to www.GodsGreenery.com (the “Website”). Company provides access to the Website, and its services offered in the Website, to you subject to the following terms and conditions. In return for gaining access to the Website, you agree to be bound by these terms and conditions of use without limitation or qualification. If you do not intend to be legally bound by these terms and conditions of use, do not access or use the Website. God’s Greenery Ambassadors are also subject to the Ambassador Agreement, which governs their participation in the God’s Greenery Ambassador Program.
All information contained on this Website 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 Website, including user content and third-party materials. Company is not responsible for your relationship with any dispensary, retail location, health care provider, or other users of the site or services. Company is not obligated to screen dispensaries, retail locations, health care providers, or their menus to determine whether they are qualified or authorized by law to provide their services or to determine the accuracy of any other information they may provide.
The contents of the Website, such as text, graphics, images, information obtained from Company’s licensors, and other material contained on the Website (“Content”) is not intended to be a substitute for professional medical advice, diagnosis, or treatment. We recommend that you always seek the advice of your physician or other qualified health provider before using any CBD products or with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website.
If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on any information appearing on the Website at the invitation of the Company, or other visitors to the Website is solely at your own risk.
You should be aware that this Site is not intended or designed to attract minors under the age of eighteen (18). You must be eighteen (18) years of age or older to visit the Website and create an account on the Website.
The Website is controlled by Company from its offices in the province of Ontario in Canada. The Website may be viewed throughout Canada and internationally and may contain references to products or services not available in all states, provinces or countries. References to a particular product or service do not imply that the Company intends to make such products or services available in such states, provinces or countries. The Website is displayed solely for purposes of providing information.
When you visit the Website, comment on content displayed on the Website, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically via e-mail or by posting notices on the Website satisfy any legal requirement that such communications be in writing.
All content included on the Website, including, but not limited to, text, design, graphics, logos, button icons, images, audio clips, digital downloads, interfaces, data compilations, software, and code, is the property of Company, its affiliates, or its content suppliers, and is protected by Canadian, United States and international copyright laws. The compilation of all content on this site is the exclusive property of Company, its affiliates, or its content suppliers, and is protected by Canadian, U.S. and international copyright laws. All software used on this site is the property of Company, its affiliates, or its software suppliers and is protected by Canadian, U.S. and international copyright laws. For purposes of these terms and conditions of use, the term “affiliates” means any entity or person, directly or indirectly, owning a controlling interest in, or under common ownership control with, Company, or any entity or person in which Company, directly or indirectly, owns a controlling interest. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the copyrighted works displayed or contained in the Website without the express, written consent of Company.
Company grants you a nonexclusive, nontransferable, limited right and license to access and make personal use of the Website and the material provided hereon for your personal, noncommercial use, provided that you fully comply with the terms and conditions of use of the Website. You agree not to download (other than page caching) or modify the Website, or any portion of it, except with express, written consent of Company.
This license does not include any rights of resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express, written consent of Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, without limitation, images, text, page layout, or form) of Company or its affiliates without its or their respective express, written consent. You may not use any metatags or any other “hidden text” utilizing Company’s or its affiliates’ name or trade names, trademarks, or service marks without the express, written consent of Company. Any unauthorized use terminates the permission or license granted by Company.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Company so long as the link does not portray Company, its affiliates, or their products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any proprietary graphic, trade name, trademark, or service mark of Company or any of its affiliates as part of the link without the express, written consent of Company.
You must be eighteen (18) years of age or older to create an account on the Website. If you create an account, you must provide us with complete and accurate information. 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. We have no obligation to retain a record of your account or any information that you may have kept within your account.
10.1 General. The display of products for sale on the Website invites you to make us an offer to buy the products, which we accept only when we ship products you have ordered. Order confirmations do not constitute an acceptance of your offer, and are subject to correction before shipment in the event of inaccuracies, errors, product unavailability, or for any other reason.
10.2 Product Descriptions. Although we have made every effort to display our products as accurately as possible, there may be times when certain information contained on the Sites may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. In such event, we may correct the error or update the information at any time without notice.
10.3 Availability. We reserve the right to change the available products and services at any time. Quantities of some products may be limited and stock cannot always be guaranteed. The availability of products may be limited depending upon the shipment destination.
10.4 Pricing. Prices do not include any shipping and handling fees, transaction fees, or any applicable taxes. Shipping and handling fees and taxes charged or collected by us will be added to your order and will appear as a separate charge on your order confirmation and receipt. If applicable, currency exchange rates and foreign transaction fees are generally determined and applied by your payment provider and you acknowledge and agree that we have no responsibility for refunding nor compensating you for amounts or expenses incurred in connection with those fees. If we make an error in the stated price of a product, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation. We reserve the right to change prices at any time.
10.5 Method of Payment. You agree to pay all charges incurred by you via payment card (or other applicable payment mechanism) at the amounts in effect when such charges are incurred. By providing us with your payment information, you agree that we and any of our third party payment processors are authorized to immediately debit your account for all applicable fees and charges. You agree to immediately notify us of any change in your payment information. We reserve the right at any time to change our billing methods. All information that you provide to us or our third party payment processors must be accurate, current and complete. You will also be responsible for paying any applicable taxes relating to payments that you make. We may cancel a payment or prevent you from making future payments for any reason, including, without limitation: (i) if you attempt to use the Website in breach of any applicable law or regulation, including but not limited to the card network rules or regulations; (ii) if you use the Website in breach of these Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested.
10.6 Purchase Limits. In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase our products, we may place limits on purchases and we do not authorize the purchase of commercial quantities of our merchandise. We also may, among other things, restrict orders placed by or under the same customer name, the same credit card and/or orders that use the same billing and/or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy. We may modify this policy at any time without prior notice.
10.7 Risk of Loss. Title to and the risk of loss/damage to products in transit passes from us to you at the time we deliver the products to the common carrier for shipment; ; provided however that title to and risk of loss/damage on all Products shipped to customers in Canada passes from us to you upon delivery to you in Canada. By purchasing products on the Website for shipment, you are asking us to engage a common carrier to deliver your order to you. In doing so, we are providing a service to and acting on your behalf. We reserve the right to choose packaging methods and materials and the common carrier for transport of the products. We may not be able to have your order shipped to a post office box, to certain addresses or on certain days. We reserve the right to ship your order in multiple boxes or shipments.
10.8 Gift Certificates. Any gift certificates issued will expire or decline in value, or not, in accordance with the laws of the purchaser’s location at the time of purchase.
10.9 Returns, All sales are final and we do not allow returns or substitutions of products. However, if you receive a damaged or incomplete shipment, or if you are otherwise unhappy with any product, please contact us within two (2) weeks of receipt. Any refunds or replacements will be made in our sole discretion.
10.10 Personal Use Only. Products are for your personal use only. You agree not sell or resell any products you purchase. Except where prohibited by law, we may limit the quantity of products available for purchase. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms, as we determine in our sole discretion.
Company and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Visitors may not post reviews, comments, and other content, send e-cards and other communications, or submit suggestions, ideas, comments, questions, or other information, any of which is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Company reserves the right (but has no obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Company and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, including, without limitation, any ideas, concepts, know-how, or techniques contained in any communications, content, or materials you send to the Website for any purpose whatsoever, including, without limitation, developing, manufacturing, providing, or promoting new products or services using such information and things. You grant Company and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose and you irrevocably waive and agree not to assert any rights, including any “moral rights”, that you have to prevent us from exploiting the rights granted herein. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate the Terms and Conditions of Use and will not cause injury to any person or entity; and that you will indemnify Company, its related entities and its affiliates for all claims resulting from content you supply.
From time to time, Company may monitor and edit or remove any activity or content, but it has no obligation to do so. Company takes no responsibility and assumes no liability for any content posted by you or any third party. Harassment in any manner or form on the Website, including via e-mail or chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Company employee, host, or representative or other members or visitors to the Website is prohibited. You may not upload to, distribute, or otherwise publish through the Website any content that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or that constitutes or encourages a criminal offense, violates the rights of any party, or otherwise gives rise to liability or violates any law.
These terms and conditions of use apply only to this Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources, including websites where you may purchase products that have been reviewed, linked or otherwise referred from this Website.
You acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, services, or other materials on or available from such other websites or resources. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products, services or other resources available from any other website (regardless of whether we directly or indirectly link to such content, advertisements, products, services, or other resources). We will not be liable for the offensive or illegal conduct of any third party and you voluntarily assume the risk of harm or damage from the foregoing. The foregoing limitations will apply even if a remedy fails of its essential purpose and to the fullest extent permitted by law. You should direct any concerns with respect to any other websites to that website’s administrator or webmaster.
Company respects the intellectual property rights of others, and we ask our users to do the same. In appropriate circumstances and in our discretion, we may terminate the rights of any user to use of the Website (or any part thereof) who infringes the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or if you are aware of someone so infringing on your rights, please provide the following information to the “Copyright Agent” specified below:
14.1 The Website is provided by Company on an “as is” and “as available” basis. Company makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on the Website. You expressly agree that your use of the Website is at your sole risk.
To the fullest extent permissible by applicable law, Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Company does not warrant that the Website, its servers, or e-mail sent from Company are free of viruses or other harmful components.
14.2 Company will not be liable for any indirect, incidental, special, consequential or punitive damages resulting from the performance, use of or the inability to use the Website, our services or products, even if we have been advised of the possibility of such damages, whether in an action in contract, tort (including negligence), strict liability, violation of statute or otherwise. We will not be liable for the cost of replacement products, loss of revenue or loss of goodwill.
14.3 In any event, our aggregate liability will not exceed the amount paid for the product(s) to which the claim relates or, if the claim does not relate to a product, $100.
14.4 Certain state, provincial or national laws may 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.
You agree to defend, indemnify and hold us, our affiliates and any of their respective directors, officers, employees, agents or content or service providers harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Webite, your violation of these Terms or the posting or transmission of any materials on or through the Website by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third-party proprietary right.
16. Governing Law
The Website was developed in Canada in accordance with and shall be governed by the laws of the province of Ontario, Canada. By visiting the Website, you agree that the laws of the province of Ontario, Canada without regard to principles of conflict of laws, will govern these terms and conditions of use, and any dispute of any sort that might arise between you and Company or its affiliates.
Any dispute relating in any way to your visit to the Website or to products you purchase through the Website shall be submitted to confidential arbitration in, Toronto, Canada, except that, to the extent you have in any manner violated or threatened to violate Company’s intellectual property rights, Company may seek injunctive or other appropriate relief in any court in the province of Ontario, Canada, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these terms and conditions of use shall be conducted under the Canadian Dispute Resolution Procedures of the American Arbitration Association ICDR, Canada. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these terms and conditions of use shall be joined to an arbitration involving any other party subject to these terms and conditions of use, whether through class arbitration proceedings or otherwise.
Questions about the Terms and Conditions should be sent to us via email at firstname.lastname@example.org or via mail at Miraculo Inc., 10203 Santa Monica Blvd, Los Angeles, CA 90067.