Terms and Conditions

ABP – Terms and Conditions

as of 03/15/2017

The following terms and conditions govern the use of aboulderpharm.com, a website owned and operated by A Boulder Pharm, LLC (ABP). Before using our website, please carefully read our terms and conditions in conjunction with our privacy policy. To access our privacy policy please go to the link at the bottom of each page of this website.

Terms of Use

By accessing and using this website, you agree that you have a duty to read our terms and conditions, that you have done so, and that you accept them in full, including, without limitation, our warranty disclaimer and our limitation of liability set forth further below. You understand and accept that you are precluded from using a lack of reading as a defense against all remedies contained herein. If you disagree with any part of these terms and conditions, please do not use this website.

Changes

In our own discretion, we may change our terms and conditions anytime. Please review them regularly to become aware of any changes we may have made since your last visit. You agree, without limitations, to the actual version of our terms and conditions any time you access or use our website. Certain sections of our website, including any product order, may prompt you to agreeing to the latest version of our terms and conditions, which is a reminder to be aware of possible changes in our terms and conditions that may have occurred since your last visit to our website, it does not, however, limit our right to alter, change, adjust, or add to our terms and conditions anytime and without further notice. If you disagree with any part of these terms and conditions, please do not use our website.

Access to this Site

You must be eighteen (18) years or older to use this website, including to register for an account and purchase goods or services on our website. If you are under eighteen (18) years of age, you are not permitted to access this website for any reason. By using this website you warrant and represent that you are at least eighteen (18) years of age.
Due to the age restrictions for use of this website, no information obtained by this site falls within the Child Online Privacy Protection Act (COPPA) and is not monitored as doing so.
To access this site or some of the products and resources it has to offer, you may be asked to provide certain personal information or other details for registration or order purposes. It is a condition of your use of this site that all the information you provide to ABP be true, accurate, current and complete. If you provide any untrue or inaccurate information, or if we have reasonable grounds to suspect that such information is untrue or inaccurate, we may suspend or terminate your account and refuse all current and future use by you of our website.

Use of this Site

You agree to use our site for lawful purposes only. It is strictly forbidden to:

  1. Harass in any manner or form on the site, including via e-mail, posting, or chat,
  2. Use of obscene or abusive language
  3. Impersonate others, including ABP or other licensed employees, hosts, or representatives, as well as of other members or visitors to this site.
  4. Upload to, post, distribute, or otherwise publish or transmit through this website any content or material of any kind which is unlawful, fraudulent, libelous, defamatory, obscene, profane, threatening, derogatory, invasive of privacy or publicity rights, abusive, illegal, or which we otherwise deem objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any applicable local, state, national, or international law.
  5. Upload commercial content on the website or use it to solicit others to join or become members of any other commercial online service or other organization.

Restrictions of Use of this Site

You may access and use this website for purposes expressly permitted by ABP. You may not use it for any other purposes, including commercial purposes such as co-branding, framing, or hyper-links, without our prior written permission. For purposes of these terms and conditions, “co-branding” means displaying a name, logo, trademark, trade name or other means of attribution or identification of any party in such a manner as to reasonably give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible through this site.

Website Security

Passwords

Any passwords used for our website are for individual use only. You are responsible for the security of your password. We are entitled to monitor your password and, at our own discretion, require you to change it. If we deem a password insecure ABP can require you to change the password and/or terminate your account.

Compromising Security and Tampering

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, ABP reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. We reserves the right to investigate suspected violations of our terms and conditions and the right to fully cooperate with any law enforcement authorities or court order requesting or directing ABP to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate our terms and conditions.

By accepting this agreement you hold ABP harmless from any result of such investigation and or from actions taken as a consequence of such investigation by either ABP or law enforcement authorities.

 

Hyperlinks

This website may contain links to third-party websites. We provide these hyperlinks as a convenience only and do not sponsor or endorse any of these sites or their contents. ABP is not responsible for the content of, and does not make any representations or warranties regarding the content or materials on, such linked third-party websites. If you decide to access or rely on information at a linked third-party website, you do so at your own risk.

We do not have control over these linked sites, all of which have separate privacy and data collection practices, independent from ABP. We nonetheless seek to protect the integrity of our website, and request any feedback on sites to which it links, including if a specific link does not work.


Copyrights and Trademarks

The material and content of this site, including but not limited to text, logos, photos, graphics and code are protected by copyright, trademark or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All content of this website is copyrighted as a collective work under the United States and other copyright laws and is the property of or licensed by A Boulder Pharm, LLC, and we own a copyright in the selection, coordination, arrangement, and enhancement of the content of this website.
All logos, page headers, custom graphics, and icons are trademarks, trade names and/or service marks owned by A Boulder Pharm, LLC, unless otherwise indicated.

Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order or purchasing our products. You may display and, subject to any expressly stated restrictions or limitations, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with or purchase products from ABP. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site, is strictly prohibited, unless authorized in writing by A Boulder Pharm, LLC. You may not modify, remove, delete, augment, add to, publish, or participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. All rights to content on this website is reserved to A Boulder Pharm, LLC. You further agree not to change or delete any proprietary notices, warranties, or disclaimers from materials downloaded from the site.
If you violate any of these terms, your permission to use our website will terminate automatically and you must immediately destroy any copies you have of any portion of the content of our website.


Submissions and Participation Disclaimer

ABP does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on this site, ABP is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any content or activities on the site. However, we reserve the right to block or remove communications or materials that we determine to be:

  1. fraudulent, deceptive, or misleading
  2. abusive, defamatory, indecent, or obscene
  3. in violation of a copyright, trademark or other intellectual property rights of another party
  4. not pertaining directly to our website
  5. advocating illegal activity or discusses an intent to commit an illegal act
  6. seeking to exploit or harm children by exposing them to inappropriate content or asking for personally identifiable details
  7. infringing any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity
  8. impersonating or misrepresenting your connection to any other entity or person or otherwise manipulating headers or identifiers to disguise the origin of the content.
  9. advertising any commercial endeavor (e.g., offering for sale products or services) or otherwise engaging in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site
  10. soliciting funds, advertisers or sponsors
  11. including programs which contain viruses, worms and/or trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications
  12. disrupting the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site
  13. including MP3 format files
  14. amounting to a ‘pyramid’ or similar scheme
  15. disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site
  16. containing hyperlinks to other sites that contain content that falls within the descriptions set forth above.
  17. offensive or otherwise unacceptable to ABP in our sole discretion.

You hereby grant to ABP the irrevocable, non-exclusive, royalty-free, perpetual, worldwide license and right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to ABP through this site (submission). We will not be required to treat any submission as confidential, and may use it in our business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future ABP operations. You also hereby grant to ABP the right to incorporate any submission in other works in any form, media, or technology now known or later developed.
Although under no obligation to do so, our ABP reserves the right to monitor use of this site to determine compliance with our terms and conditions, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions.


Indemnity

You will indemnify, defend and hold harmless ABP, its subsidiaries, affiliates, officers, directors, employees, agents, suppliers, contractors, licensors, and service and content providers (partners) from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any person accessing the site using your account. You also agree to indemnify and hold any partners ABP may have harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.


Limitation on Liability

In no event shall ABP or any of its subsidiaries, affiliates, officers, directors, employees, agents, suppliers, contractors, licensors, and service and content providers (partners) be liable for any actual, consequential, incidental, direct, indirect, punitive, exemplary, special, or other damages, including without limitation loss of revenue, profits, value or use, pain and suffering emotional distress, or similar damages, even if the ABP has been advised of the possibility of such damages. Please note that:

  1. No person is authorized to give any other representations on our behalf.
  2. No person is authorized on our behalf to modify or extend the limited warranties provided in this website.
  3. No person is authorized on our behalf to assume any other liability in connection with this website or the products offered for sale by ABP
  4. In no event shall the collective or total liability of the indemnified parties to any party for any claim (regardless of the form of action, whether in contract, warranty, or otherwise, excluding willful misconduct or gross negligence) exceed the price paid for the product, which gives rise to such claim.

ABP shall not, under any circumstances, be liable for any use of, or the inability to use, the materials on this site.
Applicable law may restrict the use or extent of limitations or exclusions to liability for incidental or consequential damages, so the foregoing limitations and exclusions may not apply in full to you. Nonetheless, in no event will our liability for products purchased from this site exceed the price paid for such products, including any shipping and handling charges.


Tetrahydrocannabinol (THC) Disclaimer

Our products are derived from industrial-hemp. Like the majority of industrial-hemp products on the market they contain a naturally occurring trace amount of tetrahydrocannabinol (THC). The amount of THC in our products never exceeds 0.3% concentration by weight as required by state and federal regulations and the definition of industrial hemp in these regulations.

While it is highly unlikely that one would fail a traditional drug test from using our products, that possibility cannot be ruled out. Taking excessive amounts of industrial hemp products, the type or method of drug test utilized, and employer’s requirements and policies, among other things, are factors that may influence drug test results.
By agreeing to our terms and conditions and placing an order with us, you are indicating that you understand that failing a drug test is a possibility when using industrial hemp products, and that you waive the right to make a claim against ABP for any matters related to any drug test you take or the results of any such drug test, including the loss of employment or any employment opportunity or the imposition of a civil or criminal penalty.


Local Jurisdictions and Buyer’s Compliance with Applicable Law

ABP makes no representations that the products available through this website will be available or appropriate in every jurisdiction in which this website may be accessed. To the best of our knowledge, we operate legally under both state and federal law in the United States; however, it is impossible for us to be aware of the laws and regulations of all local jurisdictions (e.g. municipalities and counties) relating to products derived from industrial hemp. ABP is not responsible for any potential legal matters that may arise due to such local regulations. You are solely responsible for compliance with any laws governing the purchase and use of the products available through our website or a website linked to our website. It is your responsibility as a purchaser and/ or user, not ABPs, to ascertain and obey all applicable local, state, and federal laws regarding the possession and use of any item or product offered by a ABP or by a website linked to our website. If you are unsure, please contact your local or state authorities before placing an order. By placing an order, you indicate that you understand and agree it is your sole responsibility as a buyer to determine if products derived from are illegal according to the laws that apply to you and represent and warrant that you have read this disclaimer and that all products purchased will be used in a lawful manner and that you are of legal age to purchase and use such products. You understand and agree that the limitations of liability set forth above applies to the foregoing.


Warranty Disclaimer

Products

ABP warrants that all ABP products purchased on this site, at the time of shipment, will not be adulterated, and will contain the ingredients specified for the products as labeled, but ABP does not warrant fitness for a particular purpose. More so ABP does not warrant products or services that is not set forth in writing in these terms and conditions. ABP specifically disclaims and excludes, to the fullest extend permit table by law, any and all other representations and warranties of any kind, express or implied, arising by operation of law or otherwise, including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose. Remedies provided in these terms and conditions are exclusive, and ABP expressly and specifically disclaims, and customer irrevocably waives the right to seek, all other remedies.

Website Functions

ABP does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components.

Website Content Accuracy

ABP does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

Disclaimer

Some states restrict the use or extent of limitations or exclusions regarding warranties, so the foregoing limitations may not apply in full to you.

Notice

ABP may deliver notice to you by means of a general notice posted on the site, an e-mail to any address you have provided to us, or by any other method we reasonably believe to be reliable.


Governing Law and Jurisdiction

These terms and conditions and your use of this site shall be governed by the laws of the state of Colorado, United States of America, without regard to choice of law provisions, and not by the 1980 United Nations Convention on contracts for the international sale of goods.
You agree that personal jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to this site or our terms and conditions (including but not limited to the purchase of ABP products) shall be exclusively in the state and federal courts located in Colorado, and you waive any right to object to the laying of venue in such courts and the right to claim inconvenient forum. Any cause of action or claim you may have with respect to this website (including but not limited to the purchase of any ABP products) must be commenced within one (1) year after the claim or cause of action accrues. ABP’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions.
If any part of our terms and conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.


Prices and Taxes

Prices listed on this web site for products or services, unless otherwise noted, are exclusive of shipping charges, and of any applicable value-added, sales, use, excise, transfer, transport, or other tax, tariff or duty of any sort imposed by any government authority. Customers are solely responsible for all taxes payable in connection with the purchase of products or services.

Wholesale Pricing

If you are an approved distributor you can order at wholesale pricing. You will need to register with us to become a distributor. Minimum purchase requirements will apply and you will need to send us a copy of your reseller’s license.

Product Availability and Orders

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. We reserve the right, in our sole discretion, to refuse orders. If we believe that an order is false or fraudulent, we may cancel the order and reserve the right to inform the relevant authorities.

Payment and Payment methods

For online orders, we accept payment by Visa and Mastercard. Charges on your credit card will appear on your credit card statement as follow: If a payment is not successfully settled, due to invalid payment method, declined credit, expiration, insufficient funds or otherwise, we reserve the right to cancel your order. Orders are shipped only upon receipt of full payment. For certain payment methods, you may be charged a processing fee, foreign exchange/translation fee (international orders) or other fees; you are solely responsible for the payment of all such fees. Check with your payment method service provider for details. ABP’s terms and conditions, including, without limitation, the provisions regarding limitation of liability and indemnification, apply to payment methods and payment processing. ABP is not responsible for any charges, errors or losses that may result from any payment method you use for the purchase of our products.

Typographical and Inadvertent Errors

If an ABP product is listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for that at the incorrect price, whether or not the order has been confirmed and your credit card charged. If your credit card has been charged for the purchase and your order is cancelled, we shall issue a credit to your credit card account in the amount of the incorrect price charged to you.

Promotion and Coupon Codes

Multiple coupon codes cannot be used simultaneously. When buying bulk volume through the website for special tiered discounts, no coupon code can be used.


Shipping and Delivery

Product Availability

If a product is not available in your area or the shipping address is invalid, you will not be able to checkout through the website.

Shipping partners and shipping times

We fill domestic orders using United States Postal Service Priority Mail and United Parcel Service. Customers from the United States and its territories can expect to receive their order within seven (7) to ten (10) business days, while international orders may take four (4) to six (6) weeks or longer, depending on the destination. Unless otherwise expressly agreed in writing, any delivery date requested or provided is an estimate only. We are not responsible for delays or for non-performance resulting from causes beyond our reasonable control, including without limitation laws, rules, regulations or acts of any government, embargoes, blockades, armed conflict, terrorism, labor disputes, delays of carriers or suppliers, shortages of material, accidents, fires, floods, weather conditions and any other acts of God.

Signature

We require a signature at delivery for all orders with a value of $200 or more.

General shipping terms

Unless otherwise noted on this web site, delivery of products is FCA (Incoterms 2010) ABP’s facility where the products you order are located at the time of shipment. This means that you will be charged for the cost of shipping, and title and risk of loss will pass to you upon ABP’s delivery of the products you order to the U.S. postal service, UPS, or other courier service.

Courier service & overnight shipping

Requests for use of a courier service or for overnight shipping cannot be processed on this web site; however, we generally can accommodate these requests if you place your order by phone.

Damaged shipments

Customers are responsible for checking their shipment for damage at time of delivery. Claims for product damaged during shipping must be made within 48 hrs.

International Sales

International orders may take four (4) to six (6) weeks or longer, depending on the destination. Unless otherwise expressly agreed in writing, any delivery date requested or provided is an estimate only. We are not responsible for delays or for non-performance resulting from causes beyond our reasonable control, including without limitation laws, rules, regulations or acts of any government, embargoes, blockades, armed conflict, terrorism, labor disputes, delays of carriers or suppliers, shortages of material, accidents, fires, floods, weather conditions and any other acts of God.
All international sales are subject to all applicable U.S. and foreign export controls (including, without limitation, the Export Administration Act of 1979, the Export Administration Regulations promulgated thereunder, the U.S. Arms Export Control Act and the International Traffic in Arms Regulations), and by placing an order through this web site, you affirm that you will comply with all such applicable export controls and regulations.You will be the importer or exporter of record and are responsible for all required licenses, permits and authorizations.
Customs and import duties may apply to international sales. Those charges are the responsibility of the recipient of your order and vary from country to country. It is your responsibility to check with the appropriate authorities to verify whether the country to which you are having products delivered permits the importation of those products, and whether customs or import duties or similar charges will apply. ABP is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.

Orders by phone

If you place an order by phone, we will read the delivery address (and other information you provide) aloud and repeat it to you, to help you be sure it is correct.

Please contact us directly with any shipping questions that you find have not been covered within these terms and conditions.


Terms Of Sale

By agreeing to these terms and conditions you agree that you understand that the products purchased, whether consumable or topical, contain cannabinoids from hemp oil. As these products have not been evaluated by the FDA, we make no claims as to any benefits from our products. If you decide to purchase our products, you do so based upon your own opinions as to any benefits these products may provide. Our complete terms of purchase are provided at checkout.

Return and Refund Policy

All our products carry a 14-day customer satisfaction guarantee. If you are not satisfied with any of the products you ordered, simply return the unused portion of the product. If we receive a returned product within 14 days, we will issue a full refund. Your acceptance of the terms of purchase means you agree to and understand the refund policy.


Lost Packages

Tracking Information

It may happen that a package is lost during shipment. ABP will not be responsible for this loss if the tracking information lists the order as “delivered,” which means our shipping service partner delivered the product to the address you specified when you placed the order.

Incorrect Delivery

If the package is sent to an address other than the one you specified, upon return of the original package to ABP, we will reship the order. Please note that ABP is not responsible for errors of any courier services we contract with.

Incorrect Shipping Address

It is very important that you ensure that the address you provide to ABP is correct, since we are not responsible for incorrectly provided or incorrectly confirmed addresses and any mistake could delay delivery and will entail extra expense to you.

Orders by Phone

If you place an order by phone, we will read the delivery address (and other information you provide) aloud and repeat it to you, to help you be sure it is correct.


Disclaimer

If any part of our terms and conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These terms and conditions constitute the entire agreement among the parties relating to this subject matter.

You understand that:

  1. ABP cannot and does 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.
  2. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data.
  3. ABP does not assume any responsibility or risk for your use of the Internet.
  4. The content on this website is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by ABP.
  5. Investors, borrowers, and other persons should use the content of this website in the same manner as any other educational medium and should not rely on the content of this website to the exclusion of their own professional judgment.
  6. 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.
  7. You use this website at your own risk.
  8. The Content is provided “as is” and without warranties of any kind, either expressed or implied.
  9. ABP disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement
  10. ABP does not warrant that the functions or content of this website will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components.
  11. ABP does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and we may make changes or improvements at any time. You, and not ABP, assume the entire cost of all necessary servicing, repair or correction in the event of any loss or damage arising from the use of this website or its content.
  12. ABP does not make any warranties that the use of the content of our website will not infringe the rights of others and assumes no liability or such responsibility for errors, omissions in such content.
  13. All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and ABP does not have any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.
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