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TERMS OF SERVICE

SHIPPING POLICY

We ship using secure couriers in unmarked packages.

For any specific questions on shipping, please contact our customer care team at hello@betokencbd.com for further information.

We are completely dedicated to your health, wellness and satisfaction. Our products are tested for quality and all shipments are carefully inspected prior to shipping.

REFUND POLICY

At this time we do not accept order cancelations, refunds, returns or exchanges. Please see our “Store Policies” page for more information. If you feel like you have an extenuating circumstance warranting a return, please email hello@betokencbd.com.

TERMS OF SERVICE

This website www.betokencbd.com (the “Website”) is owned and operated by Betoken, LLC. The terms “we”, “us”, and “our” refer to Betoken, LLC. The use of our Website is subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms are to be read together by you with our Privacy Policy and any terms, conditions or disclaimers provided in the pages of our Website. Please review the Terms carefully. The Terms apply to all users of our Website, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content. If you access and use this Website, you accept and agree to be bound by and comply with the Terms and our Privacy Policy. If you do not agree to the Terms or our Privacy Policy, you are not authorized to access our Website, use any of our Website’s services or place an order on our Website.

USE OF THIS WEBSITE

By using the Website, you represent and warrant that you will only use our Website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any criminal law, intellectual property law, privacy law or any other applicable law or regulation. You also represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract.

You agree not to attempt to interfere with our Website’s network or security features or to gain unauthorized access to our systems.

If you provide us with any personal information, you authorize us to collect, use and disclose such information in accordance with our Privacy Policy.

DISCLAIMERS:

NOT MEDICAL ADVICE

Information provided on the Website, including the Ask A Pharmacist section of the website and including without limitation information regarding product attributes is provided as general information. Information provided on the Website is not intended to be medical advice, nor is it intended to replace the need to consult a healthcare provider. Rather, we provide this information for discussion between consumers and their healthcare providers who will ultimately make any decisions regarding treatment.

Any statements on this Site or any materials or products we distribute or sell have not been evaluated by the Food and Drug Administration (“FDA”). Neither the products nor the ingredients in any of the products available on the Site have been approved or endorsed by the FDA or any regulatory agency. The products sold on the Site are not intended to diagnose, treat, cure or prevent any disease. The information on this Site 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. Any information provided on this Site should not be used to diagnose or treat any health problems or illnesses without consulting a doctor. You should consult your physician before using any of our products.

Always seek the advice of your health provider before taking any medication or nutritional, herbal, and homeopathic supplement and with any questions you may have regarding a medical condition. Do not ignore professional medical advice or postpone seeking it because of something you have read on the Site.

If you think you have a medical emergency, call your health provider or 911 immediately. Information provided on the Site any Product purchased from our Site by you DOES NOT create a doctor-patient relationship between you and any of the health professionals related to our Site.

Products are not for use by or sale to persons under the age of 18.

Products should be used only as directed on the label, and should not be used if you are pregnant or nursing. Consult with a physician before use if you have a serious medical condition or use prescription medications.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the Website, including terminating, changing, suspending or discontinuing any aspect of the Website and or the products and services provided through the Website at any time, without notice. We may impose additional rules or limits on the use of our Website. You agree to review these Terms regularly for any changes and your continued access or use of our Website will mean that you agree to any changes.

You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our Website or for any service, content, feature or product offered through our Website. We may assign these Terms to anyone for any reason. You may not assign these Terms without our prior written consent.

PRODUCTS OR SERVICES

All purchases through our Website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our Website or limit the sales of our products or services to any person, household, geographic region or jurisdiction.

Prices for our products are subject to change, without notice. Unless otherwise indicated, prices displayed on our Website are quoted in U.S. dollars and do not include the cost of shipping. We reserve the right, in our sole discretion, to refuse orders. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities in addition to pursuing any other rights or remedies we have at law.

LINKS TO THIRD PARTY WEBSITES

Links from or to websites outside our Website are provided for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to our Website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. We shall not be a party to any transaction between you and any third party including any third party advertising on our Website, and we shall not be liable for any losses or damages arising out of such interaction with any third party. Without limiting the foregoing, any link to a third party press release, media coverage, stock exchange website or analyst coverage should not be taken as an endorsement by us of the views, analysis or projections contained in such materials.

USER GENERATED CONTENT

You agree that we may use your comments, reviews, feedback, suggestions, or questions, and any other submissions disclosed, submitted or offered by you on or through the Site (collectively, “Submissions”) without compensation, acknowledgement or payment to you, for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Site or other products or services. When you make a Submission (other than your personal data which is subject to our Privacy Notice), you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferrable license to use reproduce, distribute, prepare derivative works, and display the Submission in connection with our business, including in order to promote our sites or our business. You also grant us the right to sub-license your content to third parties on the same terms granted by you to us.

By posting or submitting Submissions through the Site, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for your Submissions. You agree that your Submissions will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described in the preceding paragraph. 

Submissions should not include:

  • abusive, offensive, or otherwise inappropriate language;
  • profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous, or discriminatory comments or content that might be considered to be harassment, abuse or threats against the personal safety or property of others;
  • comments about other reviewers or bloggers;
  • remarks that repeat criminal accusations, false, defamatory, or misleading statements;
  • material which impersonates others or personal information about anyone, including yourself, such as phone numbers, postal addresses, or credit card numbers;
  • spam or advertising; or
  • HTML code, computer script or Site URLs.

We, in our absolute discretion, reserves the right to not publish any Submission or remove it, take any appropriate action if deemed necessary or remove reviews which do not comply with the rules above.

Please note that the views expressed in Submissions are the opinions of those users and do not represent the views, opinions, beliefs, or values of Betoken or any of its group companies.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it (the “Material”). The Material is protected by copyright laws and treaties around the world. ALL RIGHTS RESERVED.

We do not grant any implied right to you or any other person and do not transfer or assign any ownership or intellectual property interest or title in or to the Site (including the Material) (or any part thereof) to you or anyone else. Accordingly, your unauthorized use of the Site (including any Material) may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes and may result in criminal or civil penalties.

You may not alter, delete, or conceal any copyright or other notices contained on the Site or Material, including notices on any audio/visual material you access, download, transmit, display, print or reproduce from the Site.

You may not, nor will you allow any third party (whether or not for your benefit), to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, or circulate to any third party (including, without limitation, on or via a third-party Site), or otherwise use, any Material without our express prior written consent.

All of our trademarks, service marks and trade names used on the Site (including Betoken and all other names, logos, and icons identifying Betoken and its products and services) are proprietary trademarks of Betoken, LLC (or its affiliates) in the U.S., Europe, and other countries. Except as otherwise permitted by these Terms of Use, they may not be used (including, without limitation, as domain names or account identifiers) without our prior express written permission. All other trademarks (including other product and company names) that appear on the Site are the property of their respective owners, who may or may not be affiliated with or sponsor or endorse us (and who may or may not be endorsed by us).

NO WARRANTY

The Site and the Material is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our sites.

Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the Site or the Material is accurate, complete, or up-to-date. Please note that while we have tried to accurately display the colors of our products, the actual colors you see will depend on your monitor and may not be accurate.

Without limiting the foregoing, the Site and its content are provided “as is” and “as available” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

No advice or information, whether oral or written, obtained from us or through the Site, will create any warranty or representation not expressly made herein.

Making a Purchase

To purchase a product on the Site, you must be 18 years of age or older, be lawfully able to enter into and create an enforceable contract in jurisdiction in which you are using the Site, and have a shipping address within the United States. It is your responsibility to know whether you are legally able to purchase our products.

As the consumer, it is also your responsibility to know your local, state, and federal laws before purchasing a product. All products on the Site are intended for legal use. As indicated above in these Terms of Use, prior to purchasing any products and/or using any services on our Site, you agree to confirm legality of the products in the state where you request to receive a shipment.

When making a purchase on the Site, you are required to provide information about yourself that is true, accurate, current and complete, including your name, mailing address, e-mail address, and additional information as indicated. Additionally, you must provide payment details that you admit are both legitimate and accurate and confirm that you are the person indicated in the “Billing” information provided.

All orders are subject to availability and any products in “Your Cart” are not reserved until your order processes. Once your order has processed, we are unable to make any changes or cancel it.

All purchases must be for personal use only. Re-selling or using our products for commercial purposes/benefit is strictly prohibited. We reserve the right to cancel or change orders of multiple quantities of a product from being shipped to any one customer or postal address.

LIMITATION OF LIABILITY

To the extent not prohibited by law, you acknowledge and agree that in no event will Betoken, its related companies, and each such company’s directors, officers, employees and agents be liable for (a) any claim, damage, or loss resulting from damages of any kind arising out of or related to your use or inability to use the Site, however caused and under any theory of liability, including direct, indirect, special, exemplary, incidental, consequential or punitive damages (including, but not limited to, procurement of substitute goods or services, loss of data, use or profits, business interruptions or any other damages or losses arising out of or relating to your use or inability to use the Site), however caused and under any theory of liability, whether under these terms or otherwise arising in any way in connection with the Site or these terms and whether in contract, strict liability or tort (including negligence or otherwise), even if we have been advised of the possibility of such damage, or for any other claim, demand or damages whatsoever resulting from or arising out of or in connection with these terms or the delivery or use of products procured from the Site or (b) for any other claim, demand or damages whatsoever resulting from or arising out of or in connection with these Terms of Use or the delivery, use or performance of the Site. . You specifically acknowledge that Betoken shall not be liable for defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. Without limitation of the foregoing, the total liability of the Betoken for any reason whatsoever related to use of the Site, results from use of the Site, or for any claims relating to these Terms of Use shall not exceed $100, or the amount you paid us, if any, for products purchased through the Site. This liability, if any, shall be complete and exclusive. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Applicable law in some locations, such as the State of New Jersey, does not allow the limitation of liability of certain damages set forth above, so this limitation of liability may not apply to you.

INDEMNITY

You agree to indemnify and hold us, our related companies and each of our and their respective directors, officers, employees, agents, affiliates, third party information providers, licensors, contractors and others involved in the delivery of products, services or information through the Site (collectively, “Indemnified Parties”), arising from, in connection with, or relating to, any breach of these Terms of Use by you. 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, and attorneys’ fees and litigation expenses 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 through the Site.

ENFORCEMENT

You have no reasonable expectation of privacy while using the Site because Betoken reserves the right to view, monitor, and/or record activity on the Site (in accordance with applicable law) and to comply with government or court appointed authorities when necessary. Actual or attempted unauthorized use of the Site may also result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. You shall therefore not, nor shall you permit any third party to, disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure established by Betoken for use of or with the Site. Moreover, you also acknowledge that any breach, threatened or actual, of these Terms of Use by you may cause irreparable injury to Betoken and/or its licensors, such injury would not be quantifiable in monetary damages, and Betoken and/or its licensors would not have an adequate remedy at law. You therefore agree that Betoken and/or its licensors (or on their behalf) shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms of Use. Accordingly, you hereby waive any requirement that Betoken or its licensors post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Betoken to enforce any provision of these Terms of Use.

PRIVACY POLICY

See our Privacy Policy Page

ERRORS + OMISSIONS

Please note that our Website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.

We do not undertake to update, modify or clarify information on our Website, except as required by law.

BINDING ARBITRATION AGREEMENT

As used in this section, “Arbitration Provisions” refers to the provisions under this section entitled “Binding Arbitration Agreement.”

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

  1. Scope of the Arbitration Agreement.Mindful of the high cost of legal disputes, not only in dollars but in time and energy, both you and Betoken agree that any dispute between you and us concerning or arising in any way out of your use of or a purchase from the Site, these Terms of Use, any product or service, and any advertising, promotion, or other communications between you and Betoken (collectively, a “Dispute”), shall be resolved through binding individual arbitration, including threshold questions of arbitrability of the Dispute. Both you and Betoken understand and agree that we are waiving our right to sue or go to court to assert or defend our rights. However, either you or Betoken may bring any individual Dispute in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual Dispute. The term “dispute” includes any dispute, action, claim, or other controversy between you and Betoken, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
  2. Informal Dispute Resolution.Either party asserting a dispute shall first try in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 days in which to respond. Both you and Betoken agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.
  3. How Arbitration Works.Either party may initiate arbitration of a Dispute, will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms of Use). Unless you and Betoken agree otherwise, including to conduct of arbitration by telephone or videoconference, any arbitration hearing shall take place in the county of your residence (as determined by your billing address on file with Betoken). If you live outside the United States, any arbitration will take place in San Francisco, California. Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules.
  4. WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS.All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and Betoken also agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Betoken hereby waive the right to a trial by jury, to assert or participate in any class action lawsuit or class action arbitration, any private attorney general lawsuit or private attorney general arbitration, and any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration.
  5. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms of Use by sending written notice of your decision to opt-out to: Betoken, 553 Shore Road, Cape Elizabeth, Maine 04107

The notice must be sent to the Company within 30 days of your agreeing to these Terms of Use, otherwise you shall be bound to arbitrate disputes in accordance with these Terms of Use. If you opt-out of these arbitration provisions, Betoken also will not be bound by them.

ENTIRE AGREEMENT

These Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.

WAIVER

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.

HEADINGS

Any headings and titles herein are for convenience only.

SEVERABILITY

If any of the provisions of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.

GOVERNING LAW

Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our Website, or our products or services offered on our Website will be resolved in accordance with the laws of the State of Maine without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the Terms or your access to or use of our Website must be brought before the courts of the State of Maine in the City of Portland, Maine and you irrevocably consent to the exclusive jurisdiction and venue of such courts.

If you have any questions, concerns or complaints about these Terms of Use, please contact us at hello@betokencbd.com.