Terms of Service
Use of www.gaardlabs.com
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.
Not Medical Advice
Information provided on the Website 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.
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.
Your Personal Information
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.
Disclaimer and Limitation of Liability
You assume all responsibility, liability and risk with respect to your use of our Website and any information and materials contained on the Website, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, statutory, by usage of trade, course or dealing or otherwise with regard to information accessed from or via our Website, including without limitation, all content and materials, and functions and services provided on our Website, all of which are provided without warranty or condition of any kind, including but not limited to warranties or conditions concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties or conditions of title, non-infringement, merchantability, merchantable quality or fitness for a particular purpose. We do not warrant that our Website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our Website or the servers that make our Website available are free of viruses or other harmful components.
The use of our Website is at your sole risk and you assume full responsibility for any costs or losses associated with your use of our Website. We will not be liable for any damages of any kind related to the use of our Website.
In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you or any third party for any indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or any other theory of law, arising from your use of, or the inability to use, or the performance or functionality of our Website, our products or any content or material or available on or through our Website, the cost of procurement of substitute goods, data, information or services, loss of data, errors, mistakes or inaccuracies in the materials on the Website, or any personal injury or property damage. These limitations shall apply even if we are advised of the possibility of such damages. Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.
You agree to defend and indemnify us, and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, demands, threats, actions, proceedings, expenses (including reasonable attorney fees and court costs) in any way arising from, related to or in connection with your use of our Website including in connection with any products offered through our Website, your violation of the Terms or any applicable law or regulation, or the posting or transmission of any materials on or through the Website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.
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.
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.
Any headings and titles herein are for convenience only.
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.
Personal Information Our Company Collects and How It Is Used
Our company collects information in different ways from Visitors and Members who access the various parts of our Services and the network of Web sites accessible through our Service. We use this information primarily to provide a customized experience as you use our Products and Services and generally, do not share this information with third parties. However, we may disclose personal information collected if we have received your permission beforehand or in very special circumstances, such as when we believe that such disclosure is required by law or other special cases described below.
Members may be asked to provide certain personal information when they sign up for our Products or Services including name, address, telephone number, billing information (such as a credit card number), and the type of personal computer being used to access the Services. The personal information collected from Members during the registration process is used to manage each Member’s account (such as for billing purposes). This information is not shared with third parties, unless specifically stated otherwise or in special circumstances.
However, in instances where our company and a partner jointly promote our Services, we may provide the partner certain personal information, such as the name, address, and username of persons who subscribed to the Services as a result of the joint promotion for the sole purpose of allowing us and the partner to assess the results of the promotion.
In this instance, personal information may not be used by the partner for any other purpose. We may also generate non-identifying and aggregate profiles from personal information Members provide during registration (such as the total number, but not the names, of Members). As explained in more detail below, we may use this aggregated and non-identifying information to sell advertisements that appear on the Services.
Our Company Partners and Sponsors
Some products and services may be offered to Visitors and Members in conjunction with an affiliate, independent contractor seller or non-affiliated partner. To provide Visitors and Members some of these products and services, the partner may need to collect and maintain personal information. In these instances, you will be notified before any such data is collected or transferred and may decide not to use that particular service or feature.
Additionally, our partners may have advertisements or co-branded Web Pages that are cosponsored by an affiliate, independent contractor seller, or non-affiliated partner. Our company may share non- identifying and aggregate information (except as described above), but not personal information, with such partners in order to administer the co-branded products or services offered.
Our company may display our online advertisements. In those cases we share aggregated and non-identifying information about our Visitors and Members collected through the registration process as well as through online surveys and promotions with these advertisers.
Additionally, in some instances, we use this aggregated and non-identifying information to deliver tailored advertisements or joint ventures. For instance, an advertiser or joint venture company tells us the audience they want to reach and provides us an advertisement tailored to the audience. Based upon the aggregated and non-identifying information we have collected, we may then display or send the advertisement to the intended audience. Our company does not share personal information about its Visitors or Members with these advertisers or joint venture companies.
Responses to Email Inquiries
When Visitors or Members send email inquiries to our company, the return email address is used to answer the email inquiry we receive. Our company does not use the return email address for any other purpose and does not share the return email address with any third party.
Voluntary Customer Surveys
We may periodically conduct both business and individual customer surveys. We encourage our customers to participate in these surveys because they provide us with important information that helps us to improve the types of products and services we offer and how we provide them to you. Your personal information and responses will remain strictly confidential, even if the survey is conducted by a third party.
Participation in our customer surveys is voluntary. We may take the information we receive from individuals responding to our Customer Surveys and combine (or aggregate) it with the responses of other customers we may have to create broader, generic responses to the survey questions (such as gender, age, residence, hobbies, education, employment, industry sector, or other demographic information). We then use the aggregated information to improve the quality of our services to you and to develop new services and products. This aggregated, non-personally identifying information may be shared with third parties.
It is our company’s policy not to use or share the personal information about Visitors of Members in ways unrelated to the ones described above without also providing you an opportunity to opt out or otherwise prohibit such unrelated uses.
However, we may disclose personal information about Visitors or Members or information regarding your use of the Services or Web sites accessible through our Services, for any reason if, in our sole discretion, we believe that it is reasonable to do so, including: credit agencies; collection agencies; merchant database agencies; law enforcement, or to satisfy laws, such as the Electronic Communications Privacy Act, the Child Online Privacy Act, regulations, or governmental or legal requests for such information; to disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating our Acceptable Use Policy or Terms of Service, or other user policies; to operate the Services properly; or to protect our company and our Members.
“Cookies” and How Our Company Uses Them
If you are a Visitor or Member we may use a cookie to save your settings and to provide customizable and personalized services. These cookies do not enable third parties to access any of your customer information. Additionally, be aware that if you visit other Websites where you are prompted to log in or that are customizable, you may be required to accept cookies. Advertisers and partners may also use their own cookies. We do not control use of these cookies and expressly disclaim responsibility for information collected through them.
Our Company Commitment to Children’s Privacy
Protecting children’s privacy is especially important to us. It is our policy to comply with the Children’s Online Privacy Protection Act of 1998 and all other applicable laws. Therefore, we restrict our Web site to persons twenty one years or older.
At some Websites, you can purchase products and services or register to receive materials, such as a newsletter, catalog or new product and service updates. In many cases, you may be asked to provide contact information, such as your name, address, email address, phone number, and credit/debit card information.
The following is the Company’s Wholesale Agreement as of the date set forth above. “You” are referred to as “Customer” in the Wholesale Agreement. All wholesale orders are subject to the Company’s Wholesale Agreement, which you are deemed to have read and reviewed before submitting an order. By submitting any wholesale order, you agree to all terms in the Wholesale Agreement for yourself and your company, and you represent that you have the authority to bind your company to the terms of the Wholesale Agreement.
Customer agrees as follows:
- We certify that our wholesale purchases of Gaard Labs products are exempt from retail sales tax and that we actively register our applicable retail sales with all states in which we operate. We agree to provide a copy to Gaard Labs of our current tax-exempt certificates(s) and update these annually.
- We understand that Gaard Labs will provide us with a 40% discount off of Gaard Labs MAP.
- We agree to inspect all shipments immediately upon receipt and agree to contact Gaard Labs at email@example.com within 5 days receipt of damaged or defective shipments to request Return Authorization. We understand that returned merchandise may not be accepted by Gaard Labs if it is held by us for more than 15 days after receipt.
- We understand that if, for any reason and within 60-days of receipt, we need to return our first order of any Gaard Labs product, Gaard Labs will take back any resalable units and provide a full refund with no restocking fee, and, thereafter, returns requested within 60-days of receipt will incur a 15% restocking fee. All returns must be requested in writing, with a Return Authorization issued prior to shipment.
- We understand that sales of Gaard Labs products to consumers via the internet, as well as sale of Gaard Labs products to resellers that wish to sell Gaard Labs products online, requires advance written authorization from Gaard Labs Marketing Management.
- We understand that all Gaard Labs trademarks listed on Gaard Labs products or marketing materials are hereby licensed to our company for designated marketing use only during the term that we are actively purchasing from Gaard Labs and that all rights are retained by Gaard Labs. We agree that any of our printing or publishing that include Gaard Labs trademarks will include a statement to declare [trademark] is owned by Gaard Labs
- We agree to never incorporate any of the Gaard Labs brand names or trademarks in any website domains, social media accounts or related properties.
- We understand that Gaard Labs will provide us with content that we are authorized to use in our printed or digital communications to promote Gaard Labs products.
- We hereby authorize Gaard Labs to reference our company name in its marketing to help drive customers to our stores carrying Gaard Labs products.
- We acknowledge that the laws pertaining to CBD and hemp products may lack absolute clarity and we therefore agree to accept responsibility for resale of Gaard Labs products in the state(s) within which we operate our business.
- Store Locator: We provide our customers with a free directory service of store locator. This service allows end-consumers to find our Customers’ location and contact information easily via store locator available on our Websites. Customer acknowledges and confirms that by registering to our services (including via registration to purchase our goods) it provide us permission to use and publish the following information about its businesses: (i) business name; (ii) type of service Customer provides (e.g., chiropractic, massage, acupuncture…); (iii) business phone number; and (iv) business address. In the event that you would not like to be added to our store locator feature, please send us an email to: firstname.lastname@example.org to unsubscribe from this feature email@example.com
If you complete an order for someone else, such as an online gift order sent directly to a recipient, you may be asked to provide information about the recipient, such as the recipient’s name, address, and phone number. Our company has no control over the third parties’ use of any personal information you provide when placing such an order. Please exercise care when doing so. If you order services or products directly from our company we will use the personal information you provide only to process that order. We do not share this information with outside parties except to the extent necessary to complete that order.
YOU MUST BE TWENTY-ONE (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE UNDER TWENTY-ONE YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE FALLS WITHIN THE CHILD ONLINE PRIVACY ACT (COPA) AND IS NOT MONITORED AS DOING SO.
Please remember that any information you may disclose in any Member Directory or other public areas of our Web sites or the Internet becomes public information. You should exercise caution when deciding to disclose personal information in these public areas.
Our Company’s Commitment to Data Security
Services and Websites we sponsor have security measures in place to protect the loss, misuse, and alteration of the information under our control. While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining this information.
Revisions to This Policy
Our company reserves the right to revise, amend, or modify this policy, our Terms of Service agreement, and our other policies and agreements at any time and in any manner, by updating them on this Website.