Terms of Service & Privacy Policy

Terms of Service

These Terms of Service (“Terms of Service”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Gaslamp District Media (“Company” or “we” or “us” or “our”), which owns and operates the n2pwellness.com website, and govern your access to and use of this Company website as well as any other media form, media channel, mobile application or mobile website related or connected thereto (collectively, the “Site”), and services supplied by or on behalf of us through the Site (“Services”). Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated into these Terms of Service by reference.

YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS BY CONTINUING TO USE THE SITE. 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 SITE.

THESE TERMS OF SERVICE CONTAIN A PROVISION THAT GENERALLY REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE SEE THE DISPUTE RESOLUTION SECTION FOR INFORMATION.

Please read these Terms of Service carefully before accessing or using our Site. By accessing, browsing, or otherwise using the Site 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 of Service apply to all users of the Site, 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 of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service in our sole discretion by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

By agreeing to these Terms of Service, you represent that you have reached the age of majority in your state, province or territory of residence and are legally competent to enter into and agree to these Terms of Service. You warrant and agree that you are of legal minimum purchasing age in the jurisdiction in which you reside. Users under the age of majority in their state, province or territory of residence are not permitted to register for the Site or use the Services.

Information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Persons who choose to access the Site from such locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

SECTION 1 – ORDERS

Third-party service providers host our store. They provide us with the online e-commerce platform that allows us to sell our Products and Services to you. Your use of the third-party services may be subject to the separate policies and terms of service of these third parties. Please note that while we have tried to accurately display the colors of Products, actual colors you see will depend on your monitor and may not be accurate.

You agree that any order you place through the Site (each, an “Order”) is an offer to buy, under these Terms of Service, all Products and Services listed in your Order. We must accept all Orders before we are obligated to sell the Products or Services to you. Acceptance of your Order and the formation of the contract of sale between us and you will not take place unless and until you have received your Order confirmation email. We may choose not to accept any Order, or cancel any Order, in our sole discretion. If we make a change to or cancel an Order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. You agree to pay for all Orders you place through the Site. By purchasing a product using the Site, you agree to be bound by these Terms of Service and any other policy contained on this Site.

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 are subject to change at any time without notice, and in our sole discretion. We reserve the right to discontinue any Product 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.

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.

Except as required by applicable law, the Company does not accept any returns or exchanges on any Products. The Company reserves the right to waive this return policy in its sole discretion.

SECTION 2 - THIRD-PARTY LINKS

Certain content on the Site (“Content”), Products and Services available on this Site may include materials from third parties. Third-party links on this site may direct you or automatically connect you to third-party websites that are not affiliated with us. Also, at your request, the Site may connect to social networking websites that Company does not own or control. We provide such links and connections for your convenience and do not endorse any third-party websites. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices, including any website privacy policies, and make sure you understand them before you engage in any transaction, as these policies and practices will govern each third party’s collection and use of your personal information. Complaints, claims, concerns or questions regarding third-party products should be directed to the third party.

SECTION 3 - CONTENT

The Content and the trademarks, and all logos contained therein are owned by or licensed by us and are subject to copyright and other intellectual property rights under applicable laws. Content includes, without limitation, all source code, databases, functionality, software, mobile applications, website designs, audio, video, text, photographs and graphics. All graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of ours. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated or used, in whole or in part, without our prior written permission.

Content on the Site is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and the Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site and Content. 

We are not responsible if Content is not accurate, complete or current. The Content is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on Content is at your own risk. We reserve the right to modify the Content at any time, but we have no obligation to update any information on our Site.

SECTION 4 - MODIFICATIONS

We reserve the right at any time to modify or discontinue the Site, the Service (or any part or Content thereof) and Products without notice. We shall not be liable to you or to any third party for any modification, change, suspension or discontinuance of the Site, Service or Products.

SECTION 5 - PERSONAL INFORMATION

We care about the privacy of our users. By accepting these Terms of Service, you understand and agree that we may collect, use and share your personal information in accordance with our Privacy Policy. A complete statement of our current privacy policy can be found by clicking here. Our privacy policy is expressly incorporated into these Terms of Service by this reference. Additionally, by using the Site, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (e.g., of credit card information) is encrypted.

SECTION 6 – 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 this Site, you acknowledge, understand and agree that neither the 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 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. 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.

Nothing herein shall 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 in any state. Certain Products and Product ingredients may be restricted or prohibited under state law. When you access this site and purchase our Products, 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 Customs or other enforcement agencies.

SECTION 7 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Site or in the 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 information in the Site 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 in the Site or Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or Service or on any related website, should be taken to indicate that all information in the Site or Service or on any related website has been modified or updated.

SECTION 8 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 9 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

YOU AGREE THAT YOUR USE OF THIS SITE AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS AFFILIATES AND ITS AND THEIR RESPECTIVE ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS, OR THAT ANY SUCH ERRORS, HARMFUL ELEMENTS, OR DEFECTS WILL BE CORRECTED. ALTHOUGH THE COMPANY ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER THE COMPANY NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY LOSS, DAMAGES (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, ANY ORDER OR THE FULFILLMENT OR NON-FULFILLMENT THEREOF OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. THE COMPANY IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF THE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY 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. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICES OR PRODUCTS, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S AND ITS AFFILIATES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OR NATURE OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICES DURING THE PERIOD OF ONE (1) MONTH PRIOR TO ANY CAUSE OF ACTION ARISING, AND (B) FIVE DOLLARS ($5.00).

SECTION 10 – INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY, ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, INTERNS, AGENTS, DISTRIBUTORS AND VENDORS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF SERVICE OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY. NOTWITHSTANDING THE FOREGOING, THE COMPANY RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY THE COMPANY, AND YOU AGREE TO COOPERATE, AT YOUR EXPENSE, WITH THE COMPANY’S DEFENSE OF SUCH CLAIMS. THE COMPANY WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, PROCEEDING OR OTHER MATTER WHICH IS SUBJECT TO THIS INDEMNIFICATION UPON BECOMING AWARE OF IT.

SECTION 11 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 12 - OTHER TERMS

These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 13 - GOVERNING LAW; DISPUTE RESOLUTION

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the state laws of the state of California, exclusive of conflict or choice of law rules.

In the event of any dispute with the Company, you agree to first contact the Company to attempt in good faith to resolve the dispute. All offers, promises, conduct and statements, whether oral or written, made in the course of negotiation to resolve the dispute by any of the parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in 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 negotiation.

If the dispute has not been resolved after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms of Service, the Site, Services or Products, including the determination of the scope or applicability of this agreement to arbitrate, or the alleged breach thereof, according to Section 14 of these Terms of Service.

SECTION 14 – ARBITRATION

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND THE COMPANY (TOGETHER, THE “PARTIES”) AGREE TO SUBMIT EXCLUSIVELY ANY CLAIM, CONTROVERSY OR DISPUTE ARISING OUT OF OR RELATING TO THE SITE, THE SERVICES, PRODUCTS, THESE TERMS OF SERVICE OR ANY OTHER POLICIES OR OTHER TERMS INCORPORATED HEREIN OR THEREIN (INCLUDING THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, ENFORCEABILITY, VALIDITY OR RIGHTS UNDER ANY OF ANY OF THE FOREGOING) (EACH, A “DISPUTE”) FOR RESOLUTION BY CONFIDENTIAL, INDIVIDUAL, BINDING ARBITRATION, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY.

THE PARTIES AGREE THAT THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, PROVINCIAL OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTES RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY OR FORMATION OF THIS AGREEMENT TO ARBITRATE, INCLUDING ANY CLAIM THAT ALL OR ANY PART OF THIS AGREEMENT TO ARBITRATE IS VOID OR VOIDABLE. THE ARBITRATOR SHALL ALSO BE RESPONSIBLE FOR DETERMINING ALL THRESHOLD ARBITRABILITY ISSUES, INCLUDING ISSUES RELATING TO WHETHER THE TERMS ARE UNCONSCIONABLE OR ILLUSORY AND ANY DEFENSE TO ARBITRATION, INCLUDING WAIVER, DELAY LACHES OR ESTOPPEL.

TO THE FULLEST EXTENT PERMITTED BY LAW: (I) YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO ARBITRATE A DISPUTE AS A CLASS ACTION; AND (II) YOU ALSO EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THE TERMS AS A COURT WOULD.

THE ARBITRATION WILL BE HELD IN THE CITY OF LOS ANGELES, CALIFORNIA. IF THIS LOCATION IS NOT CONVENIENT FOR YOU, PLEASE LET US KNOW. WE WILL WORK WITH YOU TO DETERMINE A MUTUALLY CONVENIENT LOCATION. ANY DISAGREEMENTS REGARDING THE FORUM FOR ARBITRATION WILL BE SETTLED BY THE ARBITRATOR.

DISPUTES WILL BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION. IN THE EVENT THAT ARBITRATION IS NOT PERMITTED BY APPLICABLE LAW: THE PARTIES EXPRESSLY AGREE THAT ANY DISPUTE WILL BE BROUGHT AND HEARD SOLELY AND EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF COMPETENT JURISDICTION LOCATED IN LOS ANGELES, CALIFORNIA. THE PARTIES WAIVE ANY PLEA OR DEFENSE THAT SUCH COURTS ARE NOT THE APPROPRIATE VENUE OR THAT THEY ARE NOT SUBJECT TO PERSONAL JURISDICTION OF SUCH COURTS.

THE ARBITRATION WILL BE ADMINISTERED BY JAMS. YOU MAY OBTAIN A COPY OF THE RULES OF JAMS BY CONTACTING THE ORGANIZATION. EACH OF US SHALL AGREE ON ONE ARBITRATOR TO CONDUCT THE ARBITRATION. IN THE EVENT THE PARTIES CANNOT AGREE ON AN ARBITRATOR, THE ARBITRATOR WILL BE SELECTED IN ACCORDANCE WITH THE JAMS RULES.

IF YOU INITIATE ARBITRATION, YOUR ARBITRATION FEES WILL BE LIMITED TO THE FILING FEE SET FORTH BY JAMS. REGARDLESS OF WHO INITIATES ARBITRATION, THE COMPANY WILL PAY YOUR SHARE OF ARBITRATION FEES (NOT INCLUDING YOUR ATTORNEYS’ FEES) UP TO A MAXIMUM OF $2,500. IF THE ARBITRATOR RULES AGAINST THE COMPANY, IN ADDITION TO ACCEPTING WHATEVER RESPONSIBILITY IS ORDERED BY THE ARBITRATOR, THE COMPANY WILL REIMBURSE YOUR REASONABLE ATTORNEYS’ FEES AND COSTS UP TO A MAXIMUM OF $5,000, REGARDLESS OF WHO INITIATED THE ARBITRATION, UNLESS THE ARBITRATOR FINDS SOME OR ALL OF YOUR CLAIMS TO BE FRIVOLOUS OR TO HAVE BEEN BROUGHT IN BAD FAITH. IN ADDITION, IF THE ARBITRATOR RULES IN THE COMPANY’S FAVOR, IT WILL NOT SEEK REIMBURSEMENT OF OUR ATTORNEYS’ FEES AND COSTS, REGARDLESS OF WHO INITIATED THE ARBITRATION, UNLESS THE ARBITRATOR FINDS SOME OR ALL OF YOUR CLAIMS TO BE FRIVOLOUS OR TO HAVE BEEN BROUGHT IN BAD FAITH.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, TO THE EXTENT EITHER PARTY IN ANY MANNER HAS VIOLATED OR THREATENED TO VIOLATE THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, THE NON-BREACHING PARTY MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE, PROVINCIAL OR FEDERAL COURT OF COMPETENT JURISDICTION.

EXCEPT AS OTHERWISE PROHIBITED BY LAW, ANY DISPUTE MUST BE BROUGHT WITHIN ONE (1) YEAR FROM THE DATE THE CAUSE OF ACTION ARISES.

IN THE EVENT THAT ANY PROVISION OF THE AGREEMENT TO ARBITRATE IS HELD INVALID OR UNENFORCEABLE, ALL OTHER TERMS WITHIN THE AGREEMENT TO ARBITRATE SHALL REMAIN IN FULL FORCE AND EFFECT.

SECTION 15 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 16 – MISCELLANEOUS

The failure of the Company to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. These Terms of Service operate to the fullest extent permissible by law. These Terms of Service and your account may not be assigned by you without our express written consent. The Company may assign any or all of its rights and obligations to others at any time. The Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond the Company’s reasonable control. There is no joint venture, partnership, employment or agency relationship created between you and the Company as a result of these Terms or use of the Site and Services. Upon the Company’s request, you will furnish to the Company any documentation, substantiation or releases necessary to verify your compliance with these Terms. You agree that these Terms will not be construed against the Company by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

All notice required or permitted under these Terms of Service shall be made in writing by mail or by email to:

Columbia Care

Attn: Privacy/Legal

321 Billerica Road, Suite 204

Chelmsford, MA 01824

hello@n2pwellness.com

 

PRIVACY POLICY

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from n2pwellness.com or other websites owned and operated by N2P Wellness (the “Sites”).

PERSONAL INFORMATION WE COLLECT

When you visit the Sites, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Sites, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Sites, and information about how you interact with the Sites. We refer to this automatically-collected information as “Device Information.”

We collect Device Information using the following technologies:

“Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.

 “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.

Additionally when you make a purchase, attempt to make a purchase or request information from us through the Sites, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers and/or bank account information, email address, and phone number.  We refer to this information as “Order Information.”

When we talk about “personal information” in this Privacy Policy, we are talking both about Device Information and Order Information.

HOW DO WE USE YOUR PERSONAL INFORMATION?

We use the Order Information that we collect generally to fulfill any orders placed through the Sites (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations).  Additionally, we use this Order Information to:

  • Communicate with you;

  • Screen our orders for potential risk or fraud; and

  • When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services. 

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Sites (for example, by generating analytics about how our customers browse and interact with the Sites, and to assess the success of our marketing and advertising campaigns).

SHARING YOUR PERSONAL INFORMATION

We share your personal information with third parties to help us use your personal information, as described above.  For example, we use BigCommerce to power our online store–you can read more about how BigCommerce uses your personal information here:  https://www.bigcommerce.com/privacy/.  

We also use Google Analytics to help us understand how our customers use the Sites–you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/.  You can also opt-out of Google Analytics here:  https://tools.google.com/dlpage/gaoptout.

We also use Content Square, a solution which aggregates usage and frequency data to improve user experience. Statistics created are anonymous. 

Finally, we may also share your personal information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

BEHAVIORAL ADVERTISING 

As described above, we use your personal information to provide you with targeted advertisements or marketing communications we believe may be of interest to you.  For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work

  COMMON LINKS INCLUDE:

    FACEBOOK – https://www.facebook.com/settings/?tab=ads

    GOOGLE – https://www.google.com/settings/ads/anonymous

    BING – https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

MINORS

The Site is not intended for individuals under the age of 21

DO NOT TRACK

Please note that we do not alter our Sites’ data collection and use practices when we see a Do Not Track signal from your browser. 

YOUR RIGHTS

You may always direct us not to share your personal information with third parties, not to use your personal information to provide you with information or offers, or not to send you communications by contacting us by: (i) email at hello@n2pwellnes.com or (ii) following the removal instructions in the communication that you receive. Your opt-out request will be processed within 30 days of the date on which we receive it.

If you wish to verify, correct, or update any of your Personal Information collected through the Sites, you may contact us by mail at the address below or e-mail at hello@n2pwellness.com.  In accordance with our routine record keeping, we may delete certain records that contain Personal Information you have submitted through the Sites. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information. In addition, you should be aware that it is not always possible to completely remove or delete all your information from our databases without some residual data because of backups and other reasons.

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Sites), or otherwise to pursue our legitimate business interests listed above.  Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

CALIFORNIA RESIDENTS

California residents have certain rights regarding our collection and use of personal information under the California Consumer Privacy Act (“CCPA” or the “Act”).  For purposes of this “CCPA Section,” the term “personal information” means personal information under Cal. Civ. Code 1798.140(o).  To the extent that any other provision of this Privacy Policy conflicts a provision of this CCPA Section, the provision in this section controls as to California residents.

California residents may:

  • Request that we delete their personal information.

  • Opt-out of the sale of their personal information.

  • Request information about: 

    • (i) the categories and specific pieces of personal information we have collected about them;

    • (ii) the categories of sources from which we have collected their personal information; 

    • (iii) the business or commercial purpose for collecting or selling their personal information; 

    • (iv) the categories of personal information we have sold about them; and

    • (v) the categories of third parties with whom we have shared, disclosed for a business purpose, or sold their personal information, and which categories of personal information we have sold to which categories of third parties.

We will not discriminate against California residents for exercising their rights under the CCPA.  Consistent with Section 1798.125 of the Act, we may charge California Residents different prices, or provide different levels or quality of goods or services, if the difference is reasonably related to the value of your data.  We may also offer financial incentives for the collection, sale, or deletion of your personal information.

EXERCISING YOUR RIGHTS

Requests for Information

California residents may request that we provide certain information about our use of their personal information, as specified above.  Upon receiving a request from a California resident, we will take reasonable steps to verify the person’s identity. We will respond to a verified person’s request by: (a) providing the requested information; or (b) explaining to the requestor why the Act does not require us to provide the requested information. 

We will respond to requests for information within 45 days. If a response requires additional time, we will notify the requestor of the basis for the delay and may extend our response period up to an additional 90 days.  If the Act requires us to provide the information requested to the person, we will provide the information covering the 12 months preceding the request, free of charge, and in a readily useable portable format.  We have no obligation to provide personal information to a California resident more than twice in a 12-month period.  If a request or series of requests are manifestly unfounded or excessive, we may charge a reasonable fee for processing the request(s) or may refuse to process the request(s). 

Requests to Opt Out

California users may opt out of the sale of their personal information by contacting us at hello@n2pwellness.com.

Once we have received a directive from a California resident to not sell their personal information, we will not sell their personal information unless and until the person subsequently provides express authorization for the sale of their personal information.  We will not ask for their for permission to sell their personal information for 12 months after receiving a request to opt out.  We will only use information that they provided in submitting a request to opt out for purposes of processing the opt-out request.

Requests to Delete

California residents may request that we delete their personal information.  Upon receiving a request from a California resident, we will take reasonable steps to verify the person’s identity.  We will respond to a verified person’s request by: (a) deleting their personal information and, if applicable, directing our service providers to delete their personal information; or (ii) explaining to the requestor why the Act does not require us to delete their personal information.

If a request or series of requests are manifestly unfounded or excessive, we may charge a reasonable fee for processing the request(s), or may refuse to process the request(s).

DATA RETENTION

When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

SECURITY OF YOUR INFORMATION

We use certain reasonable security measures to help protect your Personal Information or other information which we may obtain from your use of the Sites. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us or other information which we may obtain from your use of the Sites, and you use the Sites and provide us with your information at your own risk.

OTHER SITES

The Site may contain links to other sites that we do not own or operate. This includes links from service providers, advertisers, sponsors and partners that may use our logo(s) as part of a co-branding agreement. We do not control, recommend or endorse, and are not responsible for these sites or their content, products, services or privacy policies or practices. These other web sites may send their own cookies to your Device, they may independently collect data or solicit Personal Information and may or may not have their own published privacy policies. You should also independently assess the authenticity of any site which appears or claims that it is one of our sites (including those linked to through an email or social networking page).

CHANGES

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

This policy was last updated on April 6, 2020.