Effective March 1, 2021, Last Updated March 22, 2021
TERMS AND CONDITIONS
These Terms of Service (“Terms”) constitute a legally binding agreement (“Agreement”) made between you, whether personally or on behalf of an entity (“you”) and Piedmont Blue, LLC (“Piedmont Blue”, “Company” or “we” or “us” or “our”), which owns and operates the piedmontbluecbd.com website, and govern your access to and use of this website as well and any affiliate Websites as well as any affiliate Websites, other media form, media channel, mobile application or mobile website related or connected thereto where these Terms (as defined below) are posted (collectively, “Website”) and services supplied by or on behalf of us through the Website (“Services”). Supplemental terms and conditions or documents that may be posted on the Website from time to time are hereby expressly incorporated into these Terms by reference hereto or thereto (collectively, where these Terms and Conditions (“Terms”).
YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, OR TO MODIFICATIONS THAT THE COMPANY MAY MAKE TO THESE TERMS IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE SERVICES OR THE WEBSITE.
Please read the Terms carefully before accessing or using the Website. By accessing, browsing, or otherwise using the Website and/or purchasing our products (“Products”) from us, you engage in our Services and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced or linked herein. These Terms apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants and/or contributors of content. If you do not agree to all the terms and conditions contained herein, then you may not access the Site or use any Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the current Website shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of the Terms in our sole discretion by posting updates and/or changes to the Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
By accessing the website, completing the registration process, and/or browsing the site, and/or purchasing products from the site, you are indicating your acknowledgment and acceptance of these terms of service. You represent that (1) you have read, understand, and agree to be bound by the terms of service, (2) you are of legal age to form a binding contract with us, and (3) you have the authority to enter into the terms of service personally or on behalf of company you have named as the user, and to bind that company to the terms of service. The term “you” refers to the individual or legal entity, as applicable, identified as the user when you’re registered on the site. If you do not agree to be bound by the terms of service, you may not access or use this website or the services.
If you subscribe to the services for a term (the “initial term”), then the terms will be automatically renewed for additional periods of the same duration as the initial term at company’s then-current fee for such services unless you opt out of the auto-renewal / decline to renew your subscription in accordance with subscription subsection below.
PLEASE BE AWARE THAT THE DISPUTE RESOLUTION SECTION, FOUND AT THE END OF THIS AGREEMENT, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE COMMONWEALTH OF VIRGINIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.
Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms or will be presented to you for your acceptance when you register to use the supplemental Service. Supplemental Terms are incorporated into the Terms, provided, the Supplemental Terms shall control with respect to such Service.
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY COMPANY IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Company will make a new copy of the Terms of Service available on the Website and any new Supplemental Terms will be made available from within, or through, the affected Service on the site. We will also update the “Last Updated” date at the top of the Terms of Service. If we make any material changes, and you have registered with us to create an Account (as defined in the Registration section below) we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. Any changes to the Terms will be effective immediately for new users of the site and/ or Services and will be effective thirty (30) days after posting notice of such changes on the site for existing users, provided that any material changes shall be effective for users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the site or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users (defined in the Registration section below). We may require you to provide consent to the updated Terms in a specified manner before further use of the Website and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and/or the Services. Otherwise, your continued use of the Website and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
In the event you dispute the amount or validity of any payments made to the Company, you must notify us within ten (10) days of payment of any such dispute by mail or email at the address or email address listed below. You expressly agree that your failure to notify the Company of any dispute within ten (10) days of payment will constitute your express waiver of any claims related to the disputed payment. You agree that you will pay all costs and expenses of collection, including attorneys’ fees, incurred by the Company in the event of your failure to make payment.
We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products or Product pricing or Services are subject to change at any time without notice, and in our sole discretion. We reserve the right to discontinue any Product or Service at any time. Any offer for any Product or Service made on this site is void where prohibited. We do not warrant that the quality of any Products, Services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 2 – SHIPPING POLICY We will arrange for shipment of the Products to you. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon our transfer of the Products to the shipping carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments or lost Products.
SECTION 3 – USE OF THE SERVICES AND COMPANY PROPERTIES. The Website, Services, Content (defined in the License to Use the Site section), and the information and other content available on the Website and in the Services (collectively, the “Company Properties”) are protected by copyright laws throughout the world. Subject to the Terms, Company grants you a limited license to reproduce portions of Company Properties for the sole purpose of using the Services for your personal or internal business purposes.
SECTION 4 – HEMP PRODUCTS
Some of our Products contain “hemp”, as defined in the Agriculture Improvement Act of 2018 (also known as the “2018 Farm Bill”). The 2018 Farm Bill exempts hemp from the definitions of “marihuana” and “tetrahydrocannabinol” in the Controlled Substances Act, 21 USC § 801, et seq. However, the Products may contain detectable amounts of hemp-derived THC or other ingredients that may cause you to test positive for THC metabolites on drug screenings. Consult with your employer prior to use if you are subject to drug testing for marijuana or THC.
By using the Website, you acknowledge, understand, and agree that neither the Services or Products, their labeling nor the statements relating to the Products have been evaluated or approved by the U.S. Food and Drug Administration. The Products and Services are not intended to diagnose, treat, cure, mitigate or prevent any medical condition, illness or disease, and should not be used as a substitute for existing medication. Content 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. Consult with your physician prior to using any Products if you are taking medication, have a medical condition, are pregnant, breastfeeding or are planning to become pregnant.
Company Properties or other materials we may provide to you shall not be construed as legal advice and we make no representations or warranties as to the legal activity in the jurisdiction in which you are located. We do not make any representations or warranties as to the legality of purchasing Products or Services in any state. Certain Products (or Product ingredients) and Services may be restricted or prohibited under state law. When you access the Website and purchase our Products or Services, you do so at your own risk, and you are solely responsible for your compliance with all applicable federal, state, and local laws, rules, and regulations. Refunds will not be issued for any Order that is refused or abandoned by the intended recipient, Orders that cannot be delivered due to address error, or Orders seized by the United States customs service, United State Department of Drug Enforcement, FDA, or other enforcement agencies.
SECTION 5 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally the Content or Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, Product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Orders if any Content or Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your Order). We undertake no obligation to update, amend or clarify information on the Website or Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website or Services or on any related website, should be taken to indicate that all information on the Website or Service or on any related website has been modified or updated.
SECTION 6 – PRODUCT RETURNS. Please see our return policy for details about returns and refunds.
SECTION 7 – USE. Please see our Privacy Statement for additional terms that govern your use of the Website.
SECTION 8 – ACCESS TO THIS WEBSITE.
THIS WEBSITE IS INTENDED FOR USERS EIGHTEEN (18) YEARS OF AGE OR OLDER. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, DO NOT USE OR ACCESS THIS WEBSITE FOR ANY REASON AND PLEASE EXIT THIS SITE IMMEDIATELY. ASK YOUR PARENT OR GUARDIAN TO ACCESS THIS SITE FOR YOU. YOU MUST BE OF LEGAL AGE REQUIRED BY THE STATE OR PROVINCE YOU ARE IN TO PURCHASE OUR PRODUCTS. IT IS YOUR RESPONSIBILITY TO KNOW WHETHER YOU ARE LEGALLY ABLE TO PURCHASE OUR PRODUCTS.
To access this Website or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on this site will be your correct, current, and complete information. If we believe the information you provide is not correct, current, or complete or is an impersonation of someone else, we have the right to refuse you access to this Website or any of its resources, to terminate or suspend your access at any time, and delete any comments you have posted, all without prior notice.
SECTION 9 – RESTRICTIONS ON USE OF WEBSITE.
You may use the Website only for the purposes expressly permitted by this site. You may not use the Website for any other purpose, including any commercial purpose, without our express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand the Website, (ii) frame or use framing techniques to enclose any of our or our Content owner’s trademarks, logos, or other proprietary information (including images, text, page layout, or form), (iii) hyperlink to the Website, or (iv) use any meta tags or any other “hidden text” using our name or trademarks without the express prior written permission of one of our authorized representatives. For purposes of the Terms, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that associates our product with someone other than us or that such other party has the right to display, publish, or distribute the Website or Content accessible within the Website. You agree to cooperate with our Company in causing any unauthorized co-branding, framing or hyperlinking to cease immediately. No material from the Website may be modified, translated, decompiled, disassembled, broadcast, licensed, sublicensed, transferred, sold, mirrored, framed, exploited, rented, leased, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.
SECTION 10 – PROPRIETARY INFORMATION
The Content accessible from the Website, and any other World Wide Web site owned, operated, licensed, or controlled by us is our proprietary information or the proprietary information of the party that provided the Content to us, and we or the party that provided the Content to us retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, displayed or transmitted in any way without our prior written consent, or unless authorized in writing elsewhere on the Website, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in the Terms violates our intellectual property rights. You do not obtain title or any rights, including but not limited to intellectual property rights, to any of the Content as a result of accessing the Website.
SECTION 11 – USE HYPERLINKS
The Website may be hyperlinked to other sites which are not maintained by, or related to, us. Hyperlinks to such sites are provided as a service to our users and are not sponsored by or affiliated with this site or with us. We have not reviewed such sites and are not responsible for the Content of those sites. Hyperlinks are to be accessed at your own risk, and we make no representations or warranties about the Content, completeness or accuracy of these hyperlinks or the sites hyperlinked to this site. Further, the inclusion of any hyperlink to a third-party site does not necessarily imply that we endorse that site.
SECTION 12 – SUBMISSIONS
- User Submissions. Piedmont Blue welcomes your comments on the Website, Products, and Services. By sending us creative suggestions, ideas, notes, drawings, concepts, feedback, inventions or other information, or by posting any comments, submissions, photos, or videos on the Website (collectively, the “Information”), you grant to Piedmont Blue a perpetual, irrevocable, worldwide, non-exclusive, fully-paid-up, royalty-free, sublicensable license to reproduce, display, perform, distribute, store, modify, make derivative works from, and otherwise use the Information in any manner and for any purpose, without compensation to the provider of the Information, unless you and Piedmont Blue expressly agree otherwise in writing. You hereby acknowledge and agree the Information is not confidential, and your provision of such Information is gratuitous, unsolicited, and does not place Piedmont Blue under any fiduciary or other obligation.
- Ownership of Rights by You. As a user of the Website, you are responsible for the Information and your own communications and are responsible for the consequences of their posting. Therefore, you may not: transmit to us material that is copyrighted, unless you are the copyright owner or have the permission to post it and to grant the rights described in the preceding paragraph; send material that reveals trade secrets, unless you own them or have the permission of the owner to post them and grant the rights described in the preceding paragraph; send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
- Information You May Not Post, Publish, etc. You may not post, send, submit, publish, or transmit in connection with the Website Information or any material that: (i) you do not have the right to post, including proprietary material of any third party; (ii) advocates illegal activity or discusses an intent to commit an illegal act; (iii) is vulgar, obscene, pornographic, or indecent; (iv) does not pertain directly to the Website; (v) threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive; (vi) seeks to exploit or harm any person by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (vii) infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity; (viii) violates any law or may be considered to violate any law; (ix) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the Content; advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site; (x) solicits funds, advertisers or sponsors; (xi) includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; (xii) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;(xiii) includes MP3 format files; (xiv) amounts to a ‘pyramid’ or similar scheme; (xv) disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to the Website; or (xvi) contains hyperlinks to other sites that contain Content that falls within the descriptions set forth above.
Although under no obligation to do so, we reserve the right to monitor use of the Company Properties to determine compliance with the Terms, as well as the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for your Information. You acknowledge and agree that neither we nor any third party will assume or have any liability for any action or inaction by us or such third party with respect to any Submission.
SECTION 13 – USE OF COMPANY PROPERTIES
- Disclaimer. You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data. We do not assume any responsibility or risk for your use of the Internet. The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices we have provided. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.
YOUR USE OF THE COMPANY PROPERTIES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OR STATUTORY. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Except for our warranty found on our Site (which is incorporated herein by reference), we make no warranty, express or implied, that the Website, Services or any Services, Products, or information obtained on or through the site will meet your requirements or will be uninterrupted, timely, secure, or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. We do not warrant or make any representation regarding use, or the result of use, of the Content in terms of accuracy, reliability, or otherwise. The Content may include technical inaccuracies or typographical errors, and we may make changes or improvements at any time. YOU, AND NOT US, ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE WEBSITE OR ITS CONTENT. WE MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT.
All of the information on the Website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on the Website, and we do not undertake any obligation to update such information after it is posted or to remove such information from the Website if it is not, or is no longer, accurate or complete.
We shall be not held liable for any improper or incorrect use of the information, Services, or Products purchased on the Website and assume no responsibility for anyone’s use of Company Properties, or Products purchased on the Website. We will not be liable if you or anyone to whom you provide the Products purchased on the Website is exposed to or comes in contact with any item to which you or the other person is allergic. We shall not be held liable for any direct or indirect damages caused in any way through the use of information or services on the Website. This includes but is not limited to procurement or substitute goods or services; loss of use, data, or profits; or business interruption. This disclaimer of liability applies to any damages or injury which may be perceived by you, the Website user, to be caused by the information or services on this site, or by using the Website.
SECTION-14-NO WARRANTIES; LIMITATION OF LIABILITY
- No Warranties. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE PRODUCTS AND SERVICES ARE SOLD AS IS WITH ALL FAULTS. COMPANY REPRESENTS AND WARRANTS THAT:
YOUR USE OF THE COMPANY PROPERTIES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OR STATUTORY.
WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Except for our warranty found on the Website (which is incorporated herein by reference), we make no warranty, express or implied, that the Website, Services or any services, products, or information obtained on or through the site will meet your requirements or will be uninterrupted, timely, secure, or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. We do not warrant or make any representation regarding use, or the result of use, of the Content in terms of accuracy, reliability, or otherwise. The Content may include technical inaccuracies or typographical errors, and we may make changes or improvements at any time. YOU, AND NOT US, ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. WE MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT. All of the information in the Website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and we do not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete. This section does not affect in any way our return policy or limited warranty for goods purchased on the site. If for any reason you are not satisfied with a purchase you make on the site, please return it in accordance with the terms of our return policy or limited warranty, as applicable.
We shall be not held liable for any improper or incorrect use of the information, Services, or products purchased on this site and assume no responsibility for anyone’s use of the information, Services, or products purchased on the Website. We will not be liable if you or anyone to whom you provide the products purchased on the Website is exposed to or comes in contact with any item to which you or the other person is allergic. We shall not be held liable for any direct or indirect damages caused in any way through the use of information or services on the Website. This includes but is not limited to procurement or substitute goods or services; loss of use, data, or profits; or business interruption. This disclaimer of liability applies to any damages or injury which may be perceived by you, the Website user, to be caused by the information or services on this site, or by using the Website.
- Disclaimer of Certain Damages.
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE COMPANY, SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS (“COLLECTIVELY, “COMPANY PARTIES”) BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH COMPANY PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF COMPANY PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE COMPANY PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH COMPANY PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON COMPANY PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO COMPANY PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
- Liability Cap.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF US AND OUR COMPANY PARTIES, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE LESSER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
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.
You will indemnify and hold us and our subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (collectively, the “Indemnified Parties”) harmless from loss, damages, judgments, awards, costs, expenses, attorney’s fees and expert witness fees (collectively, “Losses”) relating to or arising out of: (i) any breach of these Terms by you, including any use of Content other than as expressly authorized in these Terms; (ii) your Submissions to, use of or inability to use, the Company Properties; (iii) your use of the products purchased on the Website; or (iv) violation of any applicable laws, rules or regulations. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, attorney’s fees and expert witness fees of the Indemnified Parties in connection therewith. You will also 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 the Website or the purchase of any products. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to Company Properties.
SECTION-15- OWNERSHIP; TRADEMARKS AND COPYRIGHTS
Except with respect to your Submissions and the Submissions of other users, you agree that Company and its suppliers own all rights, title and interest in Company Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, the Services, or Company Properties. Trademarks, service marks, logos, graphics, images, HTML, codes, multimedia clips, Java codes, button icons, banners and software appearing in this site are our property or the property of the party that provided the trademarks, service marks, logos or copyrighted material to us. We, and any party that provided any of the foregoing to us, retain all rights with respect to any of our or their respective trademarks, service marks, logos and copyrighted material appearing in this site. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.
SECTION-16-U.S. LAW APPLIES
The Website is intended for users located in the United States. It is up to you to determine whether accessing this site and purchasing our Products or Services are legal where you are. You access the Website and purchase our Products and Services at your own risk, and you are responsible for compliance with all applicable laws, rules, regulations and treaties.
- Registering Your Account. To access certain features of Company Properties you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a user who has registered an account on the Website (“Account”).
- Security. Any passwords used for the Account for the Website are for individual use only. You will be responsible for the security of your password (if any) and you agree to accept responsibility for all activities that occur under your account or password. We have the right to monitor your password and, at our discretion, require you to change it. If you use a password that we consider insecure, we will have the right to require the password to be changed and/or terminate your Account. You are prohibited from using any services or facilities provided in connection with the Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, we have the right to release your details to system administrators at other websites in order to assist them in resolving security incidents. We reserve the right to investigate suspected violations of these Terms, and we reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any Submission that is believed to violate these Terms.
- Registration Data. In registering an account on the Website, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least eighteen (18) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using Company Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Company Properties by minors. You may not share your Account or password with anyone, and you agree to (1) notify us immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Piedmont Blue has the right to suspend or terminate your Account and refuse any and all current or future use of Company Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account. We reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use Company Properties if you have been previously removed by Piedmont Blue, or if you have been previously banned from any of Company Properties.
- Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Piedmont Blue.
SECTION-17-FEES AND PAYMENT TERMS.
- Payment. You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide Company with a valid credit card (Visa, MasterCard, Discover or any other issuer accepted by us). By providing us with your credit card number and associated payment information, you agree that Piedmont Blue, and its third-party service provides for payment services, are authorized to immediately invoice your Account for all fees and charges due and payable to Piedmont Blue hereunder and that no additional notice or consent is required. You agree to immediately notify us of any change in your billing address or the credit card used for payment hereunder. we reserve the right at any time to change its prices and billing methods, either immediately upon posting on Company Properties or by e-mail delivery to you.
- Taxes. Piedmont Blue’s fees are net of any applicable Sales Tax. If any Services, or payments for any Services, under the Terms are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to us, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify us for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that Piedmont Blue is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
- Withholding Taxes. You agree to make all payments of fees to Piedmont Blue free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to Piedmont Blue will be your sole responsibility, and you will provide us with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.
- Credit Card Fraud. We take credit card fraud very seriously. For the protection of card holders and ourselves, Orders that appear fraudulent may be held for manual review. If necessary, a representative will call you to verify the Order. If we are unable to contact you within a reasonable period of time, the Order may be canceled. Manual review may delay the shipment and delivery of your order. We reserve the right to cancel any Order before it is shipped.
LICENSE TO USE THE SITE
Subject to your compliance with the Terms, we or our content providers (as applicable) grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the materials and content (collectively, “Content”) on the Website or Company Properties. This license does not allow you to resell or make any commercial use of the Website, its Contents or our Products or Services sold through the Website; make any derivative use of Company Properties; download, copy, or other use any account information for the benefit of any third party; or use any data mining, robots, or similar data gathering and/or extraction tools. All rights not expressly granted to you in the Terms are reserved and retained by us or our licensors, suppliers, publishers, rights-holders, or other content providers. No Content on, or product sold through, the Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior express written consent. You may not misuse our products or Content. You may use the Website only as permitted by law and the Terms. The licenses we have granted you terminate if you do not comply with the Terms.
In the event of any claims, disputes, or other controversies arising out of, or relating to, these Terms, the use of the Company Properties, or any other claims, disputes, or controversies arising out of or relating to the Company Properties, or any other World Wide Web site owned, operated, licensed, or controlled by us (the “Dispute” and together the “Disputes”), you agree to resolve any Dispute by submitting the Dispute to an established alternative dispute resolution entity in Richmond, Virginia, for mediation (“ADR Firm”). Any party to the Dispute may commence mediation by providing to ADR Firm and the other parties a written request for mediation, setting forth the subject of the Dispute and the relief requested. The parties will cooperate with ADR Firm and with one another in selecting a mediator from ADR Firm’s panel of neutrals, and in scheduling the mediation proceedings promptly, not later than thirty (30) days after such request for mediation. The parties agree that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct, and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts, and attorneys, and by the mediator or any ADR Firm employees, are confidential, privileged, and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.
If the Dispute is not resolved through mediation, then it shall be submitted to ADR Firm, for final and binding arbitration pursuant to the then-current form of JAMS Comprehensive Arbitration Rules & Procedures (the “Rules”) before one arbitrator, selected by the agreement of the parties and, failing such agreement within thirty (30) days of the Dispute being submitted for arbitration, by ADR Firm in accordance with the Rules. All hearings shall be held in Richmond, Virginia, United States. Any party may initiate arbitration with respect to the Disputes submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or forty-five (45) days after the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties so desire. Unless otherwise agreed by the parties, any arbitration initiated under this clause shall be conducted by a single arbitrator. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case. The provisions of this clause may be enforced by any court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees, and expenses, including attorney fees, to be paid by the party against whom enforcement is ordered.
THE REQUIREMENT TO ARBITRATE MEANS YOU ARE WAIVING ANY RIGHT TO A TRIAL BY JURY.
No party to any mediation or arbitration under this clause shall be required to participate in any mediation or arbitration proceeding that involves more than one adverse party. The mediation or arbitration of any Dispute shall not be joined or consolidated with the mediation or arbitration of any other Dispute, even if such other Dispute relates to, arises out of or raises similar factual or legal claims.
Electronic Communications. The communications between you and Company use electronic means, whether you visit Company Properties or send Company e-mails, or whether Company posts notices on Company Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Company in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Release. You hereby release Company Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) your use of Company Properties, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of Company Properties; and (ii) any action taken by us during or as a result of our investigations and/or from any actions taken as a consequence of investigations by us or others, including law enforcement authorities. The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Company Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site or any Services provided hereunder.
If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.
- Force Majeure.If Company is delayed, hindered, or prevented, for reasons other than its own negligence or willful misconduct, from the performance of any act, or compliance with a covenant or obligation required hereunder, by reason of Act of God, fire, storm, rain, snow, other weather events, strike, lock-out, labor trouble, unexpected inability to procure material or supplies, work stoppages, discontinuance of work, casualties, labor disputes, lack of energy, restrictive governmental law or regulation, change of regulatory structure that makes Company’s activities reasonably impracticable, law enforcement interference, riot, insurrection, war or any other reason of a like nature which is beyond the reasonable control of Company, then performance or compliance shall be extended for a reasonable period, but not longer than necessary to enable Company to overcome such force majeure condition. If a force majeure condition causes, in the sole discretion of Company, a substantial or significant delay in Company’s ability to perform its services, or if a force majeure condition renders the services to be performed by Company impracticable, impossible, or unreasonably expensive to perform, as determined by Company in its sole discretion, then Company may give notice to Buyer and immediately terminate the parties’ agreement without further liability.
- Security Agreement.You grants Company a continuing purchase money security interest in all Products sold or delivered to you (“Collateral”) to secure the full payment of the purchase price of the Products or Services and all other obligations of you to Company. Your authorize Company to file all financing statements, continuation statements, and other documents necessary or desirable to establish, perfect, maintain, preserve, and enforce Company’s security interest in the Collateral.
- Severability.If any term of the Terms is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.
- Consent to Electronic Signatures.By electronically accepting, signing and submitting this document below, you consent to Orders and the Terms, and the parties agree that such action shall be your electronic signature. Furthermore, you agree that electronic signatures, electronic records, and electronic documents shall be given full force and effect, as if they were original, hand-executed documents. You agree that the Electronic Signatures in Global and National Commerce Act and the Uniform Electronic Transaction Act shall apply to the Purchase Order and the Terms.
How To Contact Us
If you have questions or concerns about these Terms of Service, the practices of this site, or if you are interested in reprinting any of the Content of this site, please contact us at:
Piedmont Blue, LLC
PO Box 1415
South Boston, VA 24592
As these rights and your CCPA rights are not the same and exist under different laws, you must exercise your rights under each law separately.
Although our online service(s) are intended for an audience twenty-one (21) and over, any California residents under the age of eighteen (18) who have registered to use our online services, and who posted content or information on the service, can request removal by contacting us here, detailing where the content or information is posted and attesting that you posted it. We will then make reasonably good faith efforts to remove the post from prospective public view or anonymize it, so the minor cannot be individually identified to the extent required by applicable law. This removal process cannot ensure complete or comprehensive removal. For instance, third parties may have republished or archived content by search engines and others that we do not control
If You do not accept these Terms and Conditions, please do not use the Website. Piedmont Blue may, in its sole discretion, revise the Terms at any time; therefore, You should visit this page periodically to review the Terms and Conditions. Your continued use of the Website following a change to these Terms constitutes Your continued acceptance of all revisions to the Terms.
How to Contact Piedmont Blue? If You have any questions or concerns about our Terms and Conditions, the Website or business practices, our Privacy Statement, or inquiries of republishing content from the Website, please send an email to firstname.lastname@example.org.
Piedmont Blue shall be not held liable for any improper or incorrect use of information or services on this website and will assume no responsibility for anyone’s use of the information or services. Piedmont Blue shall not be held liable for any direct or indirect damages caused in any way through the use of information or services on this website. This includes but is not limited to procurement or substitute goods or services; loss of use, data, or profits; or business interruption. This disclaimer of liability applies to any damages or injury which may be perceived by you, the website user, to be caused by the information or services on this website, or by using this website.