Welcome to Mend

Welcome to www.mendcbd.com (the “Site”), a website comprised of various web pages operated by Mend Industries, LLC (“Mend”). The Site is offered to you on the condition you accept without modification all of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these Terms carefully and retain a copy of this Privacy Policy Agreement (the “Privacy Policy”) your records.

Privacy

Your use of the Site is subject to this Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Age Restrictions

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.

International Users

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.

Electronic Communications

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.

Your Account

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

You may cancel an order at any time prior to it leaving our facilities for shipment. If you are dissatisfied with an item after receiving it, we want to quickly correct the problem. We will gladly replace or exchange the item or, if the product is defective, refund the amount you paid, provided in any event that you notify us within thirty (30) days of receipt; any refund requests made after 30 days of purchase will not qualify for a refund. If your request for a refund or product substitution, as applicable, is approved by us in writing, the unsatisfactory product(s) must be returned in their original packaging within sixty (60) days of receipt, with Buyer to pay the shipping costs. We are committed to providing you with the best service. As such we encourage you to call Customer Service at (949) 371-9941 or email us at service@mendcbd.com before returning a product. Please note that some items on the Site and in our marketing or promotional materials may be marked “final sale” in the product description; notwithstanding anything else in this Privacy Policy, such items are not eligible for refund, store credit or exchange. This includes all items in our “sale” sections. Please contact us at service@mendcbd.com with any questions.

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.

Certain services made available via the Site may be delivered by third party sites and organizations. Our Privacy Policy does not cover any third party services; to learn about those third parties’ privacy practices, please read their privacy policies. By using any product, service or offering originating from our Site, you acknowledge and consent that Mend may share such information and data with any third party with whom Mend has a contractual relationship to provide the requested product, service or offering.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable and entirely revocable license to access and use the Site strictly in accordance with the terms of this Privacy Policy. As a condition of your use of the Site, you warrant to Mend that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

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.

Mend’s content is not for resale. You agree you will not modify, publish, transmit, reverse-engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your own personal use. You shall make no other use of the content on the Site or of content belonging to Mend or its suppliers without the express written permission of Mend and/or the copyright owner. You agree that you will not acquire any ownership rights in any protected content, and acknowledge that you will not be granted any licenses, either express or implied, to the intellectual property of Mend or our licensors except as expressly authorized by the Terms of this Privacy Policy.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large, various groups or other users of the Site (collectively, “Communication Services”). You hereby agree to use the Communication Services only to post, send and receive messages and materials that are proper and compliant with this Privacy Policy and all applicable laws and regulations.

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.

Information Retention

When you purchase something through our Site or otherwise through Mend, we collect the personal information you give us such as your name, address, email address, phone number and order history.  We may also use cookies, web beacons or other tools that collect information and make it easier to use our Site.

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.

Email Marketing

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.

We agree not to share your personal information without your consent, except we may share your information as follows: (i) with third parties who we contract with or who work on our behalf, provided that such third parties provide at least the same level of privacy protection as required by this Privacy Policy; (ii) to comply with laws or regulations or to respond to lawful requests and/or legal process (provided that we will endeavor to notify you at the address you have given us if we have received a lawful request for your information); (iii) to protect the rights and/or property of Mend or its agents, customers, employees and others, including but not limited to the purpose of enforcing our agreements, policies and these Terms; (iv) in the event of an emergency, including to protect the personal safety of any person; and/or (v) for the purposes of a business deal (or negotiation of a business deal) involving a sale or transfer of all or a part of our business or assets (including, without limitation, any merger, financing, acquisition, divestiture or dissolution transaction or proceeding). In the event of an insolvency, bankruptcy, or receivership, personal information may also be transferred as a business asset. If another company acquires our company, business or assets, that company will also acquire and possess the personal information collected by us and will assume the rights and obligations regarding your personal information as described in this Policy.

Indemnification

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.

Arbitration

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.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION ON THE SITE AND IN THIS PRIVACY POLICY. MEND AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

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.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MEND AND/OR ITS SUPPLIERS OR PAYMENT PROCESSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MEND OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Mend reserves the right, in its sole discretion, to terminate your access to the Site and our products and services (or any portion thereof) at any time, without notice. To the maximum extent permitted by law, this Privacy Policy is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mend as a result of this agreement or use of the Site or our products. Mend’s performance of this Privacy Policy is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Mend’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Mend with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this Privacy Policy constitutes the entire agreement between the user and Mend with respect to the Site and our products, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Mend with respect to the Site and/or Mend’s products. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Mend reserves the right, in its sole discretion, to change the Terms of this Privacy Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website, with the most current version of the Terms superseding all previous versions. 

Contact Us

Mend welcomes your questions or comments regarding the Terms:

Email Address: service@mendcbd.com

Telephone number: (949) 371-9941

Effective as of August 13, 2020