Introduction
Welcome to the Internet site applications and services the (“Website”), provided by High Vibration Corp. (“HiVi”). These terms and conditions govern your access and use of the Website provided by HiVi and any all of its subsidiaries, affiliates, brands and entities that it controls. Please read these terms carefully before accessing the Website.
By using the Website, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the Website.
You must be at least 21 [twenty one] years of age to use the Website. By using the website and by agreeing to these terms and conditions, you warrant and represent that you are at least 21 years of age.
HiVi makes no medical claims. The information we provide is NOT intended to assist anyone in violating federal law and is not intended to diagnose, prevent, treat, or cure any disease. Representations regarding the efficacy and safety of cannabis consumption have not been evaluated by the Food and Drug Administration. Do not consume cannabis if you are taking medications until you’ve researched all potential interaction. Do not discontinue any medications you are currently taking in favor of cannabis without trusted, professional guidance by a physician or someone knowledgeable about cannabis.
License to use Website
Unless otherwise stated, HiVi and/or its licensors own the intellectual property rights published on the Website and materials used on the Website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages, files or other content from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from the Website in neither print nor digital media or documents (including republication on another website);
- sell, rent or sub-license material from the Website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on the Website for a commercial purpose;
- edit or otherwise modify any material on the Website;
- redistribute material from the Website – except for content specifically and expressly made available for redistribution; or
- republish or reproduce any part of the Website through the use of iframes or screenscrapers.
Where content is specifically made available for redistribution, it may only be redistributed within your organization.
Acceptable use
You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities on or in relation to the Website without HiVi’s express written consent.
This includes:
- scraping
- data mining
- data extraction
- data harvesting
- ‘framing’ (iframes)
- Content ‘Spinning’
You must not use the Website or any part of it to transmit or send unsolicited commercial communications.
You must not use the Website for any purposes related to marketing without the express written consent of HiVi.
Using The Services
HiVi may provide users with the ability to transmit orders for cannabis-related products and arrange for delivery or pick-up of such products through third-party, unaffiliated vendors through a marketplace platform for customers (“Customers”) to transmit such orders with participating vendors (the “Retailers”). HiVi provides order transmission services only and serves purely as a communications medium. HiVi is not a merchant of cannabis-related products, or provider of any pick-up or delivery services in connection therewith, and does not control the Retailers or the production of any cannabis-related products, or any pick-up or delivery services in connection therewith.
The Retailers have entered into agreements with HiVi or its applicable affiliate where they have made representations that they currently are compliant with applicable law and will comply with applicable law in their use of HiVi. HiVi and its affiliates do not in any way independently verify the credentials or representations of any of the Retailers, the authenticity or quality of any of their products or services, or any Retailer’s compliance with applicable law.
Customers using HiVi must make themselves comfortable through the information provided by the Retailers on the Websites, by contacting the Retailers directly, or through such other means or methods as they may deem appropriate, as to the quality and reliability of the Retailers and the Retailers’ compliance with applicable law. HiVi, including the Websites and the Services, do not in any way guarantee the quality of any Retailer or any cannabis-related product, or any pick-up or delivery service in connection therewith, or any Retailer’s compliance thereof with applicable law. In addition, a Retailer may represent certain standards with respect to their cannabis products (or other services), such as labeling such products as “organic”, “pesticide-free”, achieving a certain potency level, undergoing certain testing procedures, fungus levels, containing specific terpene or cannabinoid profile or contents (including THC or CBD levels), having certain medicinal or other effects, or otherwise. HiVi and its affiliates do not investigate or verify any such statements. Furthermore, any such statements have not been evaluated by the Food and Drug Administration. HiVi makes no claims meant to diagnose, treat, or cure any disease or medical condition.
Customers should consult their doctor before starting any treatment or using any cannabis-related product during pregnancy or if they have a serious medical condition. HiVi shall not be liable or responsible for any cannabis-related products, or any other services, offered by the Retailers or any errors or misrepresentations made by them.
By agreeing to these Terms of Service, you represent that you are at least 21 [twenty one] years of age in your state or province of residence. You may not use cannabis-related products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). A breach or violation of any of the Terms will result in an immediate termination of your Services.
Restricted access
Access to certain areas of the Website is restricted. HiVi reserves the right to restrict access to certain areas of the Website, or at our discretion, this entire website. HiVi may change or modify this policy without notice.
If HiVi provides you with a user ID and password to enable you to access restricted areas of the Website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security. HiVi may disable your user ID and password at HiVi’s sole discretion without notice or explanation.
User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to the Website, for whatever purpose.
You grant to HiVi a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to HiVi the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or HiVi or a third party (in each case under any applicable law).
You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
HiVi reserves the right to edit or remove any material submitted to the Website, or stored on the servers of the Website, or hosted or published upon the Website
HiVi’s rights under these terms and conditions in relation to user content, HiVi does not undertake to monitor the submission of such content to, or the publication of such content on the Website.
No warranties
The Website is provided “as is” without any representations or warranties, express or implied. HiVi makes no representations or warranties in relation to the Website or the information and materials provided on the Website.
Without prejudice to the generality of the foregoing paragraph, HiVi does not warrant that:
- the Website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on the Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability
HiVi will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if HiVi has been expressly advised of the potential loss.
Exceptions
Nothing in the above disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in the above disclaimer will exclude or limit the liability of HiVi in respect of any:
- death or personal injury caused by the gross negligence of HiVi or its agents, employees or shareholders/owners;
- fraud or fraudulent misrepresentation on the part of HiVi; or
- matter which it would be illegal or unlawful for HiVi to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using the Website, you agree that the exclusions and limitations of liability set out in the above disclaimer are reasonable.
If you do not think they are reasonable, you must not use the Website.
Other parties
You accept that, as a limited liability entity, HiVi has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against HiVi’s officers or employees in respect of any losses you suffer in connection with the Website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this above disclaimer will protect HiVi’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as HiVi.
Indemnity
You hereby indemnify HiVi and undertake to keep HiVi indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by HiVi to a third party in settlement of a claim or dispute on the advice of HiVi’s legal advisers) incurred or suffered by HiVi arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to HiVi’s other rights under these terms and conditions, if you breach these terms and conditions in any way, HiVi may take such action as HiVi deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
Variation
HiVi may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of the Website from the date of the publication of the revised terms and conditions on the Website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
HiVi may transfer, sub-contract or otherwise deal with HiVi’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions, together with HiVi’s Privacy Policy constitute the entire agreement between you and HiVi, in relation to your use of the Website, and supersede all previous agreements in respect of your use of the Website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of the State of Delaware, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts therein. Dependent upon circumstances of use, privacy rights related to these terms and conditions may or may not be subject certain digital privacy regulations, such as the European Union General Data Protection Regulation.
If you require any more information or have any questions about our terms of use, please feel free to contact us by email at hello@hivi.life.