Welcome to Mend
You must be at least eighteen (18) years old to access the Site (or the minimum legal age required by the state or province where you are located, if the age requirements there are higher). If you are under eighteen (18) years old you are not permitted to use the Site for any reason. It is your responsibility to research the laws that apply to you (including but not limited to local, state, federal laws and regulations) and determine whether you are legally able to purchase our products.
The Site is controlled, operated and administered by Mend from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all applicable laws, rules, regulations and treaties. You agree that you will not use the content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Visiting the Site or sending emails to Mend constitutes electronic communications. By visiting the Site you consent to receive electronic communications, and you further agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site satisfy any legal requirement that such communications be in writing.
If you use the Site you are responsible for maintaining the confidentiality of your account and password. Additionally you are responsible for restricting access to your computer or mobile device to protect your account, password and other personal information. You hereby agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Mend is not responsible for third party access to your account that results from theft or misappropriation of your account. Mend and its affiliates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Cancellation and Refund Policy
Links to Third Party Sites/Third Party Services
Www.mendcbd.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Mend and Mend is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Mend is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mend of the site or any association with its operators.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Site, including but not limited to text, graphics, logos, images, and compilations thereof, along with any software or electronic information used on the Site, is the property of Mend or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe all copyright and other proprietary notices, legends or other restrictions contained in any such content, and agree not to make any changes thereto.
Use of Communication Services
Additionally you agree that when using a Communication Service you will not harass, defame, abuse, stalk, threaten, disparage or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or mobile device; advertise or offer to sell or buy any goods or services for any monetary or other purpose, unless such Communication Service expressly allows such messages; conduct or forward polls, surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user or entity from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; or violate any applicable laws or regulations.
Mend has no obligation to monitor the Communication Services. However, Mend reserves the right to review materials posted to a Communication Service and to block or remove any materials in its sole discretion. Mend reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Mend reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Mend’s absolute discretion.
You agree to always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Mend does not control or endorse the content, messages or information found in any Communication Service. Therefore, Mend specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers, hosts, other clients, product reviewers, and the like are not authorized Mend spokespersons; their views do not necessarily reflect those of Mend.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to Mend or the Site or Posted on Any Mend Web Page
Mend does not claim ownership of the materials you provide to the Site (including feedback and suggestions) or post, upload, input or submit to any Mend Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Mend, our affiliated companies, successors, agents, employees and necessary sublicensees permission to use your Submission in connection with the operation of their businesses, including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission, and to publish your first name and last initial in connection with your Submission (or your full name or chosen shortened name or nickname, if you choose to make a Submission with such name).
By posting, uploading, inputting, providing or submitting your Submission(s), you represent and warrant that you own or otherwise control all of the rights to your Submission(s) as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission(s).
Mend is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Mend’s sole discretion. No compensation will be paid with respect to the use of any Submission by you.
When you visit the Site, some information may be automatically collected. This may include information such as the Operating System (OS) running on your device, Internet Protocol (IP) address (which may be used to obtain your geolocation), access times, browser type, language, and the website you visited before our Site. We may also collect information about how you use the Site, including the elements you have interacted with, metadata and other details about these elements, change states and other user actions.
You agree that by entering or shopping on the Site or providing us with your email address or other contact information, you are granting us permission to send you emails and other communications about our Site and affiliate sites, new products, new brands under Mend’s portfolio and other updates. You have the opportunity to unsubscribe from these emails at any time by clicking the “Unsubscribe” button included at the bottom of each email.
Use of Your Information.
As a general rule we collect information for the primary purposes of providing, maintaining, protecting and improving our Site and products and to develop new products and brands. You acknowledge that we may use personal information collected through the Site for other purposes, including but not limited to facilitating the creation and security of your account on our network; identifying you as a user in our system; improving our products, the Site, our affiliate sites and our business operations; analyzing, understanding and enhancing your experience using our Site and products; providing and delivering the products and services you order; responding to your comments or questions about our products and Site; providing customer service and increasing your experience with using our Site and our products (and/or other products and brands within Mend’s portfolio); sending you related information, including confirmations, invoices, technical notices, updates, security alerts and support and administrative messages; communicating with you about sales, promotions, upcoming events and news about products and services offered by Mend, brands within the Mend portfolio of brands and our selected partners, and for other Mend marketing purposes; linking or combining your information with other information we get from third parties to help understand your needs and provide you with better services or products; and protecting, investigating and detering against fraudulent, unauthorized or illegal activity.
Disclosure of Your Personal Information.
You hereby agree to indemnify, defend and hold harmless Mend and its officers, directors, employees, agents, third parties, successors and assigns for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or our services, any user postings made by you, your violation of any of the Terms herein or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Mend reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Mend in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other comfort, then the parties agree that such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in the State of California or such other location mutually agreed upon in writing by the parties. The arbitrators’ award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the arbitrator. This arbitration provision shall survive the termination of these Terms.
Class Action Waiver
Any arbitration under these Terms will occur on an individual basis. Class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, INCLUDING BUT NOT LIMITED TO IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Mend agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
MEND AND/OR ITS SUPPLIERS AND PAYMENT PROCESSORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND. MEND AND/OR ITS SUPPLIERS AND PAYMENT PROCESSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS REGARDING THE PROVIDED INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Changes to Terms
Mend welcomes your questions or comments regarding the Terms:
Email Address: firstname.lastname@example.org
Telephone number: (949) 371-9941
Effective as of August 13, 2020