Terms of Service
By purchasing any product (referred to as a “Product” in this document) of Canary Wellness LLC (“Canary”) from our website (the “site”), you are agreeing to be bound by the following terms and conditions (“Terms of Service” or “Terms”). The Terms of Service, as they may be amended as described below, constitute the entire agreement between you and Canary and govern your use of any Product, superseding any prior agreements between you and Canary (including, but not limited to, any prior versions of the Terms of Service).
You accept the Terms by checking a checkbox or clicking on the button which appears below to accept the Terms. Purchase of any of the Products or use of this site, including any continued use following any changes to the Products or the site, also shall constitute your consent to the Terms.
You must be at least 18 years of age to purchase any Product, or, if the age of consent in your jurisdiction of purchase or residence or delivery is different, you must be at least the age of consent in such jurisdiction.
Canary is not responsible for any typographical errors anywhere on the site, even if such errors occur in statements regarding pricing, fees or any other payment terms.
Sometimes, Canary affiliates, service providers and other trusted business partners (hereinafter “Affiliate(s)” or “Subsidiaries”) will be supplying or delivering the Products to you on behalf of Canary. By accepting the Terms, you also acknowledge and agree Subsidiaries and Affiliates are entitled to supply or deliver the Products to you without prior notice or consent.
You are responsible for keeping your login information secure. Canary cannot and will not be liable for any loss or damage from any personal or technical failure to maintain the security of your account and password. By purchasing any Products you (a) represent and warrant to Canary you are in compliance with all applicable laws pertaining to data and/or cyber security and (b) agree to indemnify and hold Canary, its Affiliates, Subsidiaries, officers, directors, managers, employees, agents and advisors (collectively the “Canary Indemnitees”) harmless from any loss, cost, damage or liability any of such Canary Indemnitees may incur and which arise, whether directly or indirectly, from your breach of any of the statements, obligations or other undertakings you make or agree to assume that are set forth in these Terms.
You agree not to purchase or use the Products for any purpose that is unauthorized or deemed illegal under the laws of any applicable jurisdiction. In addition, your purchase of any Products shall not violate any laws in any jurisdiction where you reside or use any Product or have any Product delivered including but not limited to the Federal laws of the United States in general and each state thereof in particular. Further, you acknowledge and agree you will not purchase any Products for re-sale to any third party.
You agree by using the site, Canary may access your account and all content contained therein at any time and for any purpose, including, without limitation, providing information to governmental, judicial or other entities that require such information. Your purchase of any Products and use of the site constitutes consent to the delivery by Canary of any information from your account that may be requested or demanded from Canary pursuant to any legal, governmental, administrative or other entities or any process or proceedings conducted by any of the foregoing.
Canary reserves the right to contact law enforcement agencies to notify these agencies of any conduct by you Canary may deem unlawful. Your use of the site constitutes authorization to Canary to contact law enforcement and disclose to all pertinent law enforcement agencies any information regarding you or your account such law enforcement agencies may request.
You should be aware that information presented to you as part of a description of any of the Products (hereinafter, “Content”) may be protected by intellectual property rights, whether in favor of Canary, its Affiliates, Subsidiaries or other parties. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part).
You agree not to or attempt to (and you may not permit or encourage anyone else to or attempt to) reproduce, duplicate, copy, derive work from, reverse engineer, decompile, sell, resell or exploit any portion of the Content, any Product or the site. Any attempts to do so constitute a violation of these Terms and shall subject you to any penalties to which Canary may be entitled, including, without limitation, revocation of your right to use the site, assessment of damages and the exercise of any other rights or remedies to which Canary may be entitled by operation of any applicable law(s). The exercise by Canary of any of these rights or remedies shall not preclude the exercise by any other parties of any rights or remedies they may be entitled to pursue as a result of any actions undertaken by you described in this paragraph.
You agree not to use the site for the transmission of any spam, phishing, worms or viruses or any code which Canary determines, in its sole discretion, is of a destructive, disruptive or intrusive nature or otherwise causes the site to malfunction or not function as designed.
Canary is pleased to hear from users and welcomes your comments regarding our Products. Canary’s company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope you understand the objective of this policy is to avoid the possibility of future misunderstandings when projects developed by Canary employees and agents might seem similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask you not to send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example, contest entries, customer reviews or photographs) or without a request from us you send creative ideas, suggestions, customer reviews, photographs, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree Canary may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments forwarded to Canary. Canary is and shall be under no obligation to (1) maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. Canary has the right but not the obligation to monitor and edit or remove any Comments.
You agree your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree your Comments will not contain libelous or otherwise unlawful, abusive or obscene material. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Canary or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Canary takes no responsibility and assumes no liability for any Comments posted by your or any third party.
Canary reserves the right to modify or discontinue selling or distributing any Product or modify any description thereof for any reason, at Canary’s sole discretion, without notice at any time. Canary is not responsible for your inability to obtain any Products as a result of these actions.
You acknowledge and agree if Canary disables access to your account for any of the reasons set forth in these Terms, you may be prevented from purchasing Products or accessing your account details. If your account is disabled, any other account you may create or attempt to create may be denied or blocked by Canary. If your account is disabled for whatever reason, you agree Canary shall have no liability for your inability to access the site or your account, or purchase any of the Products.
Technical support is only available via email or the support forum. If you are in a different time zone or country than the providers of technical support you acknowledge the ability to receive technical support may be limited by time zone differences.
The failure of Canary to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
Without limiting any other remedies, Canary may suspend or terminate your account if we suspect you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent or other prohibited activity in connection with the site or any of the Products.
A breach or violation of any of the Terms as determined in the sole discretion of Canary will result in termination of your access to the site or right to purchase any of the Products, as well as the exercise by Canary of all other remedies available under applicable law(s).
Canary reserves the right to refuse to sell or deliver any Product to anyone for any reason at any time. In addition, all purchases through our site are subject to Product availability. In our sole discretion, we may limit or cancel the quantities offered on our site or limit the sales of our Products or services to any person, household, geographic region or jurisdiction.
Use of the Products
In order to purchase Products, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the site, or as part of your purchase of any of the Products. You agree any registration information you give to Canary will always be accurate, correct, and current. You agree further that Canary shall not be liable for any failure to provide any Products if the inability of Canary to deliver any Products to you is the result of your failure to update your registration information.
You agree to purchase and use the Products only for purposes permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the purchase or use of any Products containing the hemp/CBD extracts which are the basis for the Products).
You agree not to purchase (or attempt to purchase) any of the Products through any automated means, including use of scripts or web crawlers.
You agree you will not engage in any activity that interferes with or disrupts the site (or the servers and networks which are connected to the site) or to solicit or encourage the performance of any illegal or unauthorized activity by other users of the site. You also agree not to upload viruses or malicious code or do anything that could disable, overburden or impair the proper working or appearance of the site. You further acknowledge and agree you shall be liable for all damage, loss, cost or expense incurred by any Canary Indemnitee(s) or any other site users if you violate the terms of this paragraph.
Not Medical Advice
Information provided on the site including without limitation information regarding Product attributes is provided as general information. Information provided on the site is not intended to be medical advice, and it is not 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.
Payment for Products
A valid credit card or other on-line payment option, such as PayPal, is required for paying for Products. Payment for all Products purchased each time is required at the time the Product order is placed on the site. All Products purchased must be paid for in U.S. Dollars. You bear the exchange rate risk if the currency used in the jurisdiction in which you purchase or have the Product delivered is any jurisdiction other than the United States. You also bear all expenses (taxes, delivery charges, etc.) that may be assessed against the purchase of any Products.
Limitation of liability
Your use of each Product is at your sole risk. The Product is provided without any warranty or condition, express, implied or statutory, except the Satisfaction Guarantee described in our Terms and Conditions of Sale (the “Terms of Sale”), which can be accessed by clicking here.
Canary does not warrant the Products will meet your requirements, will be suitable for any particular skin, hair or body type, will not cause any negative physical reaction or otherwise may be suitable for you.
Canary does not warrant the results obtained from the use of the Product, except for the Satisfaction Guarantee included in the Terms of Sale.
Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that may result from the download of any such material.
No advice or information, whether oral or written, obtained by you from Canary or from the Products shall create any warranty not expressly stated in the terms or the Terms of Sale. No oral or written advice by any representative of the Canary shall serve to alter or create any such warranties.
Canary further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, all of which, along with any other similar warranties or representations, are expressly disclaimed.
You expressly understand and agree that Canary, its Subsidiaries and Affiliates, and its licensors shall not be liable to you for:
(a) any direct, indirect, incidental, special, consequential, punitive or exemplary damages which may be incurred by you, regardless of cause, and under any theory of liability under any jurisdiction. This shall include, but not be limited to, any loss of profit or revenues (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data or other information suffered, cost of procurement of substitute goods or products, or other intangible loss;
(b) any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
(i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the site;
(ii) any changes Canary may make to the Products;
(iii) your failure to provide Canary with accurate account information;
(iv) your failure to keep your password or account details secure and confidential;
The limitations on Canary’s liability to you shall apply (a) whether or not Canary has been advised of or should have been aware of the possibility of any such losses arising, (b) in any action, whether in contract, tort or any other claim, no matter where such claim is brought and (c) to all Content, all Comments, the Products and any and all uses by you of the site. By purchasing or using the Products or accessing the site, you acknowledge your sole remedy for any failure of the Products or the site is to discontinue use of the Products and/or the site, except as may be provided otherwise in the Terms of Sale.
The site may include hyperlinks to other web sites or content or resources. Canary has no control over any web sites or resources which are provided by companies or persons other than Canary.
You acknowledge and agree Canary is not liable for any loss or damage which may be incurred by you as a result of the availability of these external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
You may cancel an order for Products only as described in the Terms of Sale.
You acknowledge and agree Canary owns all legal right, title and interest in and to the Products and this site, including any intellectual property rights which subsist in the Products and/or the site (whether or not those rights happen to be registered, and wherever in the world those rights may exist). You further acknowledge the Products may be comprised of a formulation which is designated confidential by Canary and you shall not acquire or disclose or attempt to acquire or disclose such information without Canary’s prior written consent, which consent may be granted or withheld, conditioned or delayed, in the sole discretion of Canary.
Unless you have agreed otherwise in writing with Canary, nothing in the Terms gives you a right to use or manipulate any of Canary’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.
All content on the site, including text, data, information, images, photographs, graphics, charts, video, illustrations, user interfaces, visual interfaces, sound, music, artwork, computer code and software, including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of the foregoing (collectively referred to as “Site Content”) is protected by copyright, trademark, trade dress, patent or other proprietary rights or licenses in favor of Canary. All Site Content is copyrighted as a collective work under the U.S. and international copyright laws, and your use of the site constitutes your acknowledgment that, to the fullest extent allowed by such law, Canary owns the copyright in the selection, arrangement, coordination, and enhancement of the Site Content.
Modifications to the Product and Prices
Prices for Canary Products are subject to change without prior notice from Canary. If Canary does decide to provide notice of a pending price increase, such notice only will be provided by posting the changes to the Canary Site (canaryskincare.com). The posting of a notice of a price change for any particular Product shall not obligate Canary to post a change in price to any other Product or the same Product at any future date.
Canary reserves the right at any time to modify or discontinue the Product (or any part thereof) with or without notice.
Canary shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuation of any Product.
Canary makes no warranty or guarantee that the information on our site is error-free, complete, or current. Errors will be corrected where discovered and in a time-frame suited to Canary’s purposes, and Canary reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions.
Canary reserves the right to modify these Terms of Service at any time. No individual employee or agent of Canary has the authority to alter these Terms of Service, and any representation by such employee or agent to the contrary is not binding on Canary. Any Terms of Service changes will be published on our website, so please review it periodically. Your continued use of the site or purchase of the Products shall constitute your acknowledgement of these modifications and your consent to and acceptance of these modifications.
Any disputes regarding the purchase of the Products or the site will be adjudicated in the applicable State or Federal courts located in the state of Colorado, or such other site within the Tenth Circuit Court of Appeals as the applicable court determines has jurisdiction over the matter in question. If you have any questions regarding these Terms of Service, please contact us at firstname.lastname@example.org