Terms and Conditions
This website is operated by Maxxam Alliance, LLC; dba Maxxam CBD [referred to as Maxxam CBD to follow]. Throughout the site, the terms “our”, “we”, and “us” refer to Maxxam CBD. Maxxam CBD offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing any product or service from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”).
For purposes of the Terms of Service, “Registered User” is a user who has registered an account (“Account”) on the Maxxam CBD website.
These Terms of Service apply to all users of the site, including without limitation to users who are browsers, vendors, customers, merchants, and/or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. All new features or tools which are added to the current store shall also be subject to the Terms of Service.
We reserve the right to update, change or replace any part of these Terms of Service and 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. You can review the most current version of the Terms of Service at any time.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. If you are not of legal age, please log off immediately. In order to view our site please have your parent or guardian access the site for you.
You may not use our 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). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your access to our site.
We reserve the right to refuse service to anyone for any reason at any time. You understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, use or exploit any portion of the Service, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site 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 timelier sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products appearing online. We cannot guarantee that your computer monitor’s display of any color will be accurate.
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 offered. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of Maxxam CBD. 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.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
It is your responsibility to provide current, complete, and accurate account information for all purchases made at our store. In addition, you agree to promptly update account and other information, including your email address and credit card numbers with expiration dates, so that we can complete your transactions in a timely manner.
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 Maxxam CBD with a valid credit card or a credit card number with the associated billing information. Payment services are authorized to immediately invoice your Account for all fees, charges due are made payable to Maxxam Alliance LLC, or Maxxam CBD, hereunder and that no additional notice or consent is required. You agree to immediately notify Maxxam CBD of any change in your billing address or the credit card used for payment hereunder. Maxxam CBD reserves the right at any time to change its prices and billing methods, either immediately upon posting on either the Maxxam CBD website or by e-mail delivery to you.
Maxxam CBD’s fees are net of any applicable Sales Tax. If any Services, or payments for any Services, under the Terms of Service are subject to Sales Tax in any jurisdiction, you will be responsible for the payment of such Sales Tax.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of these optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we 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 and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, by phone or otherwise (collectively, ‘Comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use the Comments in any medium. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Please see our Return Policy for details about returns and refunds.
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 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 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 Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
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.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. All products and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Maxxam CBD, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any service or any products procured using the Service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Any statements on this site or any materials or products Maxxam CBD distributes or sells 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 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. This information should not be used to diagnose or treat any health problems or illnesses without consulting a doctor. If you are pregnant, nursing, taking medication, or have a medical condition, we suggest consulting with a physician before using any of our products.
In order to access certain features within Maxxam CBD, you may be required to become a Member by registering and creating an account. Any passwords used for the Account for this site 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 this site 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 sites to assist them in resolving security incidents. We reserve the right to investigate suspected violations of these Terms of Service, 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 of Service.
In registering an account on the site, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least the age of majority in your state or province of residence; (2) of legal age to form a binding contract; and (3) not a person barred from using Maxxam CBD 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 Maxxam CBD by minors. You may not share your Account or password with anyone, and you agree to (1) notify Maxxam CBD 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 Maxxam CBD has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Maxxam CBD has the right to suspend or terminate your Account and refuse any and all current or future use of Maxxam CBD 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. Maxxam CBD reserves 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 Maxxam CBD if you have been previously removed by us, or if you have been previously banned from any of Maxxam CBD’s properties or partner relationships. 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 Maxxam CBD.
You agree to indemnify, defend and hold harmless Maxxam CBD and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach 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.
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.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Service, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof).
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. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute 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). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Service shall be governed by and construed in accordance with the laws of the State of Florida.
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 website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
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 procedures and checkpoints to satisfy your requirements for accuracy of data input and output, and for maintaining a means external to this site 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.
In addition to the definitions contained elsewhere in the text of this Policy, the following terms and expressions shall have the meaning ascribed to them here below:
“Company Parties” means Company and its respective past, present and future employees, officers, directors, contractors, consultants, attorneys, accountants, financial advisors, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns.
“Company Party” means any of the foregoing.
“Data” means the information that is collected in relation to your use of the Website and the Service.
“User Account” means an account which may be provided to you by said Company for the purpose of improving your experience at the Website and use of the Service, as well as obtaining access to additional or specific products, utilities and offerings provided by said Company Parties.
- APPLICABILITY AND ACCEPTANCE OF POLICY
This Policy describes the Data, explains how Data is used and instances when Company shares or permits collection of the Data by the Company Parties or state authorities. This Policy shall enter into force the moment you first access the Website or commence use of any of the Service. By accessing, browsing, or using the Website and/or any of the Service you irrevocably and unconditionally accept in addition to adhering to provisions of this Policy without any exemptions, limitations, and exclusions. If you access the Website or use any of the Service on behalf of a business (whether registered or operating without registration), that business hereby accepts this Policy. In the event you disagree with any provision of this Policy or would not like to provide your consent for collection of Data, you shall cease use of the Website or any of the Service immediately, all customers of Maxxam CBD and its subsidiaries, affiliates or associated companies.
- WHY DO WE COLLECT PERSONAL INFORMATION?
Maxxam CBD collects Personal Information to enable us to manage, maintain, and develop our operations, including for example:
- to establish, maintain and manage our relationship with you so we may provide you with, or receive from you, the products and services that have been requested.
- to be able to review the products and services we provide to you so we may understand your requirements for our products and services, so we may work to improve our products and services.
- to be able to review the products and services we obtain from you so we may collaborate with you and that you may understand our requirements for such products and services.
- to be able to comply with your requests (for example, if you prefer to be contacted at a business or residential telephone number and advise us of your preference, we will use this information to contact you at said number).
- to enable us to undertake our environmental, health and safety activities, including incident planning, response, and investigation.
- to protect us against error, fraud, theft and damage to our goods and property.
- and any other reasonable purpose to which you consent.
- COLLECTION OF DATA
Data You Provide to Us
- impose limitations and restrictions on your use of the Website and/or the Services.
- and/or suspend or terminate your access to the Website, your User Account or the services.
Data We Collect Automatically
Company Parties may collect the Data from you in a variety of ways and circumstances.
Company Parties shall be entitled to combine Data collected during your interaction with different sections of the Website or the Service with any other relevant available information.
Data collected by or transmitted to Company Parties, while accessing, interaction and operation of the Website and provision of the Service may include, without limitation, the following Data:
Internet Protocol (IP) address and location; cookie information; browser identification information; information on the computer or mobile device you use to access the Website and the Service, including the hardware model, operating system and version, your web browser, and device identifiers (including a network ID used to communicate with other nodes on the platform); information contained in or relating to any communication you send to us or send through the Website, and metadata associated with the communication; date and time of accessing the Website and the Service; information of third parties websites referred the Website or the Service; information related to your activity in the course of the Service use, including, without limitation, search queries history, search results provided to you in response to your query, web pages you visited by reference from the search results;
You may always refuse to supply Data, though this may prevent you from engaging in certain Website-related activities.
Data collected hereunder during operation of the Website and provision of theService may differ depending on whether you access the Website and the Service logged in to your User Account or without logging in.
Unless you are logged in to your User Account, Data about you, such as e-mail address, name, mailing address, telephone number, is not collected when you access the Website or the Services. In the event you access the Website or the Services logged in to your User Account, Company Parties shall be entitled to associate the respective Data with your User Account and you hereby provide your express and unconditional consent to Company Parties for the association of the Data with your User Account.
Data We Collect from Other Sources
We may also receive information about you from other sources, such as when logging into your User Account by using your account credentials for a separate third-party service. We will receive information from that service as indicated in the relevant third party’s authorization screen.
- USE OF DATA
- PROTECTION OF DATA
We take appropriate security, administrative, and technical measures to protect any personal identification information you provide regarding the collection, storage, and processing, as well as security measures to protect your User Account against unauthorized access, modification, disclosure or destruction of your personal identification information.
The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not one hundred percent secure. Company Parties are not liable for the security of any data you are transmitting over the Internet, or third-party content.
Any transactions on the blockchain network are public and Company Parties cannot exclude transaction data from the blockchain.
- DISCLOSURE OF INFORMATION
You hereby acknowledge and agree that the Company Parties shall be entitled to collect, store, disclose, share and transfer, including cross-border, Data collected from your use of the Website and the Services.
We may disclose the Data, including personal identification information in the following cases: you’ve consented or otherwise given us permission to share; with service providers that perform work for us (such as hosting providers, identity verification, support, payment, and email service providers); when you use interactive areas of the Service, like our blog or other online forums, certain information you choose to share may be displayed publicly, such as your username, actions you take and any content you post; in response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, regulation or legal process; if we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property, and safety of Company Parties or others; in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company; and between and among Company Parties.
Company Parties may without limitations share aggregated or de-identified information, which cannot be used to identify you within reason.
- RETAINING OF INFORMATION
In accordance with applicable laws and as needed to provide the Service to our users:
Company Parties may hold your Data. This requirement is conditioned by the need for complying with legal obligations and resolving any probable disputes.
Company Parties may retain your Data so long as your User Account is active. Moreover, your Data may be held beyond this period until it is indispensable for Company Parties to have relevant information to respond to any issues that may arise later.
We have the right, at our discretion, to update this Policy at any time. We recommend that you frequently check this Policy to find any changes and stay informed about how we help protect the Data.
By using the Website, you acknowledge and agree that it is your responsibility to periodically review this Policy and be aware of the changes.
The subsequent use of the Website or the Service after changes to this Policy will also be considered as your acceptance of these changes.
We welcome your questions and suggestions with respect to the implementation or amendment of this Policy. Please use this feedback for communicating with us at firstname.lastname@example.org
Maxxam CBD oversees personal information handling practices. If your privacy concerns are not addressed to your satisfaction by Maxxam CBD, you may contact the office or the government body responsible for personal information in your jurisdiction for further guidance.
We encourage our wholesale customers to place an order when their CBD supply reaches half to prevent shipping delays and to ensure customers are always able to get their products. We ship to all 50 states and internationally. Orders placed Monday – Friday before 12 pm EST are shipped out the same day, barring any issues with our shipping department.
Shipping charges will be calculated and viewable at checkout. Shipments are sent using USPS First Class and USPS Priority Mail. If you require a different shipping company, then Maxxam CBD can only provide fulfilment through the phone. Shipping times are dependent on your location from our main warehouse and fulfilment centre located in Florida. Typical shipping times may vary from 4-7 business days (Monday to Friday) after processing. This does not include any potential delays due to inclement weather or holidays
Once your order has shipped, you’ll receive a shipping confirmation email with a tracking number. If you didn’t receive your order, contact Maxxam CBD immediately. All questions about orders or shipping can be addressed by emailing us at email@example.com or via phone at 877-629-9268 and we’ll be happy to provide the tracking number.