Terms and Conditions
Last updated: December 1, 2018
Just like how our CBD products are unlike most on the marketplace today, were going to try to take a different approach here as well. We are not big fans of all the legal mumbo jumbo either, but there are a few bad apples out there that we must all sort of suffer because of.
This is the most open and simple way that we can explain what we do and some of the things we don’t do. You’ve seen our bottles; they are clear and see through for a reason. Simply put, the reason is transparency. We have nothing to hide and nothing to gain by losing your trust.
Contact us if you have any questions or thoughts, we are always checking hello@DNAHempCompany.com. We always listen and are always looking for people’s stories, conversations and more.
Accepting the Terms
By using the Service, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse our websites or use our software without registering) or you are an “Awesome Customer” (which means that you have registered to create an account with us). The term “you” or “User” refers to a Visitor or an Awesome Customer. The term “we” refers to DNA Hemp Company ®. You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with DNA Hemp Company ®. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. If you do not agree to this Agreement, please don’t use the Service.
We really want to make sure you read this next part, (especially the bad apples out there) so we’re going to use all capital letters: THIS AGREEMENT CONTAINS (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICE. BY USING THE SERVICE, YOU AFFIRM THAT YOU AGREE TO THESE PROVISIONS.
Privacy and your Personal Information
We will not automatically sign you up for a subscription order or other automatic order. For your security, we do not offer this type of service.
We will not sell your information. Your information is private and secure.
Description of the Service
As part of the Service, we provide you with a suite of tools that allows Users to locate and obtain deals, discount code coupons, exclusive offers, pricing information, product and other information to help make informed purchase decisions at attractive and fair prices. The Service also includes our Rewards Program and any other offerings described below.
The Service is provided to you by DNAHempCompany.com as a free service. We have invested heavily on your behalf to encrypt transactions, secure our site, and to easily present the best publicly available offers, as well as have negotiated exclusive discount shipping rates that are better than most retail shipping prices.
Account Information from Third Party Sites
With the Service, Awesome Customers may direct DNA Hemp Company ® to interact with existing accounts they own and maintain online by third-party companies with which they have accounts (“Third Party Accounts”) such as Facebook or Twitter. DNA Hemp Company ® makes no effort to review the Third Party Accounts for any purpose, including but not limited to accuracy, legality or non-infringement. DNA Hemp Company ® is not responsible for the products and services offered by or on third-party sites. DNA Hemp Company ® does not control the policies and practices of any third party site or service, including any Third Party Accounts you connect to the Services.
DNA Hemp Company ® cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or even the loss of data, your personalization settings or other service interruptions. DNA Hemp Company ® cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery (of content) or failure to store any user data, communications or personalization settings.
DNA Hemp Company ® Offers and Third Party Links
Some parts of the Service are supported by sponsored links from advertisers and the display of DNA Hemp Company ® Offers that may be custom matched to you based on information stored in the Service, queries made through the Service or other information. We sometimes use specially formatted links for which you receive a commission on resulting sales or clicks from affiliate partners (“Affiliate Links”). If you click on an offer you will be redirected from the partner’s site and your session will be tracked using affiliate cookies.
In connection with DNA Hemp Company ® Offers, the Service may receive visits from other links, or from other web sites belonging to DNA Hemp Company ® advertisers and/or other third parties (including internet search engines). DNA Hemp Company ® does not endorse, warrant or guarantee the products or services available through the DNA Hemp Company ® Offers (or any other third-party products or services advertised on or linked to us from their site), whether or not sponsored, and DNA Hemp Company ® is not an agent or broker or otherwise responsible for the activities or policies of those web sites or their products or services. DNA Hemp Company ® does not guarantee that the product details, prices, coupon availability or other service terms, rates or rewards offered by any particular advertiser or other third party in our Service to even be actually genuine offers.
DNA Hemp Company ® has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, DNA Hemp Company ® will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
If there is a dispute between participants on our Service, or between users and any third party, you agree that DNA Hemp Company ® is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release DNA Hemp Company ®, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: ”A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
DNA Hemp Company ® Offers
Many DNA Hemp Company ® Offers are made in the form of rewards points that we call “Reward Points” for completing a certain action using the Service, such as creating an account, completing a transaction on our website, referring a friend, and the like. We can afford to give you Reward Points because these offers are designed to share with you a portion of proceeds from the additional revenue generated. As such we can only provide Reward Points to you when a transaction is successfully completed and tracked and after we are paid by our merchant processor. If we are not paid, or if your funds have not settled, then DNA Hemp Company ® shall have no obligation to provide any Rewards Points to you for the transaction that was not paid for. If there are any difficulties in tracking a transaction due to your use of an ad blocker or for any other reason we may not be able to give you Reward Points. Additionally, you must be an Awesome Customer in order to participate in the Reward Points program. We partially rely on third party tracking / reward systems and if we cannot track a transaction was properly recorded we will be unable to give you Reward Points. That said, if you have any trouble please contact us at hello@DNAHempCompany.com and we will try to figure out what went wrong.
In our sole discretion we may choose to award you Reward Points if you provide enough information about your transaction. Please note that to prevent abuse, your account may become ineligible for Reward Points. For example, if constantly tracking your transactions becomes an issue. Basically, we’re going to try to be fair and we hope that you choose to do the same.
You have no property interest in Reward Points or any other similar rewards we may offer under our Rewards Programs. Reward Points are not transferable and can expire as further explained below.
Expiration of Reward Points
To maintain your Reward Points, you must earn at least 10 points during each consecutive 12-month period. If you do not earn at least 10 new points in each 12-month period, your Rewards Points balance will automatically reset to zero (0). You agree that any disputes about whether your Reward Points should expire will be resolved by DNA Hemp Company ® in its sole discretion, and you agree to abide by DNA Hemp Company ® resolution of such dispute.
Referral And Other Rewards Programs
Periodically DNA Hemp Company ® may make you offers to receive Reward Points or other rewards for taking actions to promote the Service (collectively Rewards Programs). In general, if you participate within the guidelines of the program you will be rewarded. However, to protect ourselves from seen and unforeseen issues we reserve the right, in our sole discretion, to withhold such consideration, including Reward Points, for any reason at any time with or without any cause. By participating in our Rewards Programs you accept this condition. Additionally, we may choose in our sole discretion to institute a limit on how many times you can receive each type of reward. These limits will vary from program to program. If you have questions about how many times you can participate in each Rewards Program please contact us.
In association with Rewards Programs you may be issued Personalized Links that track traffic back to your account so that we can issue you rewards. You agree not to promote these Personalized Links through any unapproved channels which include but are not limited to: unsolicited email (SPAM), search advertising, display advertising, or any paid promotional channel. If you have questions about a specific promotional method please contact us for permission BEFORE you begin promoting your Personalized Link. Failure to do so will result in all rewards being withheld and your account potentially being suspended.
DNA Hemp Company ® reserves the right at any time to cancel, modify, or restrict any aspect of our Rewards Programs, including any point conversion ratios, redemption offers, expiration terms, etc., and DNA Hemp Company ® reserves the right to apply such changes retroactively to rewards already accrued under any Rewards Program.
Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your Login ID email address, allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide form your “Registration Information.”
By providing us with your email address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard modern, commercially available internet browser. We may also use your email address to contact you about our own and third-parties' goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data, adjust your user preferences in your account profile and /or click "Unsubscribe" in any e-mail communications we send you.
If you become aware of any unauthorized use of your Registration Information, you agree to notify DNA Hemp Company ® immediately.
Your Use of the Service
Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our Service for lawful, internal, and non-commercial purposes.
Accurate records enable DNA Hemp Company ® to provide the Service to you. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.
Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that DNA Hemp Company ®, in its sole discretion, may elect to take.
You agree that DNA Hemp Company ® may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant DNA Hemp Company ® a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to DNA Hemp Company ® in any way.
As we explore ways to use data to build more powerful product experiences we may provide ways to opt out of this data collection, though it may result in degraded product capabilities if such data is required to provide the product experience.
You represent, warrant, and agree that you will not contribute any content or otherwise use the Services or interact with the Services in a manner that:
(a) Infringes or violates the intellectual property rights or any other rights of anyone else (including DNA Hemp Company ®);
(b) Violates any law or regulation or this Agreement;
(c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
(d) Jeopardizes the security of your DNA Hemp Company ® account or anyone else’s (such as allowing someone else to log in to the Services as you);
(e) Attempts, in any manner, to obtain the password, account, or other security information from any other user;
(f) Violates the security of any computer network, or cracks any passwords or security encryption codes;
(g) Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
(h) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
(i) Copies or stores any significant portion of the Content;
(j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services; or
(k) Circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Service.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
DNA Hemp Company ® may from time to time provide automatic alerts and voluntary account-related alerts. Our basic operating point of view is to do everything we possibly can to avoid annoying you so wherever possible we will minimize unnecessary alerts and provide configuration switches to limit unwanted communications.
Automatic alerts may be sent to you following certain changes made online to your DNA Hemp Company ® account, such as a change in your Registration Information.
Voluntary account alerts are turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. DNA Hemp Company ® may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.
Electronic alerts will be sent to the email address you have provided as your primary email address for the Service. If your email address changes, you are responsible for informing us of that change. Changes to your email address will apply to all of your alerts.
Because alerts are not encrypted, we will never include your passcode. However, alerts may include your DNA Hemp Company ® login information and some information about your accounts. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable certain alerts, although we may still send you Service-related notices as needed to allow us to provide you the Service.
Rights you Grant to us
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to DNA Hemp Company ® through the Service, you are licensing that content to DNA Hemp Company ® solely for the purpose of providing the Service. DNA Hemp Company ® may use and store the content, but only to provide the Service to you. By submitting this content to DNA Hemp Company ®, you represent that you are entitled to submit it to DNA Hemp Company ® for use for this purpose, without any obligation by DNA Hemp Company ® to pay any fees or other limitations.
DNA Hemp Company ® Intellectual Property Rights
The contents of the Service, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Service belong or are licensed to DNA Hemp Company ® or its software or content suppliers. DNA Hemp Company ® grants you the right to view and use the Service subject to these terms. You may download or print a copy of information provided in the Service for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Service in whole or in part for any other purpose is expressly prohibited without our prior written consent. If you would like to request such permission, shoot us an email at hello@DNAHempCompany.com.
Access and Interference
You agree that you will not do bad things to make it harder for other users to enjoy our Service. The bad apples continue to invent new ways to do these bad things, hence creating a list of bad things would be impossible. Please don’t make us list everything here.
Rules for Posting Content
As part of the Service, DNA Hemp Company ® may allow Awesome Customers to post content on various publicly available locations in the Service (“User Content”). You agree in posting User Content to follow the following rules:
You are responsible for all User Content you submit to the Service.
By submitting User Content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with the Service and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access and use your User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
You may not interfere with other Users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
Disclaimer of Representations and Warranties
Here comes the legal mumbo jumbo that we really really don’t like, but to be very clear here is a section with all capital letters in hopes it captures your attention and you read it.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICE OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. DNA HEMP COMPANY ® MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICE OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
DNA HEMP COMPANY ® MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SERVICE OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. DNA HEMP COMPANY ® MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. YOU ARE RESPONSIBLE FOR ENSURING THE ACCURACY OF ANY USER CONTENT THAT YOU PROVIDE, AND WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR THE ACCURACY OF SUCH CONTENT.
You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. DNA Hemp Company ® does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that DNA Hemp Company ® shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
Limitations on DNA Hemp Company ®'s Liability
SOME MORE OF THAT ALL CAPITAL LETTERS STUFF:
DNA HEMP COMPANY ® SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SERVICE, YOUR USE OF THE SERVICE OR THIS AGREEMENT, OR FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE SERVICE, EVEN IF DNA HEMP COMPANY ® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, DNA HEMP COMPANY ®’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00 (ONE HUNDRED UNITED STATES DOLLARS).
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF DNA HEMP COMPANY ® SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THIS AGREEMENT AFFECTS STATUTORY RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT.
Your Indemnification of DNA Hemp Company ®
You shall defend, indemnify and hold harmless DNA Hemp Company ® and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to your use of the Service or any breach of this Agreement by you.
Ending your Relationship with DNA Hemp Company ®
This Agreement will continue to apply until terminated by either you or DNA Hemp Company ® as set out below. If you want to terminate your legal agreement with DNA Hemp Company ®, you may do so by closing your account for the Service.
Please use the directions below to cancel your account, only if you have created an Awesome Customer Account. Otherwise just delete your account and / or uninstall DNA Hemp Company ® (application if available) and stop visiting our website.
Your account will be closed, your DNA Hemp Company ® Rewards Points account will be zeroed out, and your ability to log in deactivated.
DNA Hemp Company ® may at any time terminate its legal agreement with you:
if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
if DNA Hemp Company ® in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
DNA Hemp Company ® may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Services’ website(s). In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF CALIFORNIA. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
If you wish to begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to 28202 Cabot Road, Suite 300, Laguna Niguel, CA 92677.
As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. BY AGREEING TO THIS ARBITRATION CLAUSE & CLASS ACTION WAIVER, YOU AND DNA HEMP COMPANY ® ARE GIVING UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM THAT EACH SIDE MAY HAVE AGAINST THE OTHER INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Services must be filed within one (1) year after such claim of action arose or be forever banned.
If you do not want to arbitrate disputes with DNA Hemp Company ® and you are an individual, you may opt out of this ARBITRATION CLAUSE & CLASS ACTION WAIVER by sending an email to hello@DNAHempCompany.com within thirty (30) days of the first of the date you access or use the Service. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
Governing Law and Forum for Disputes
This Agreement, and your relationship with DNA Hemp Company ® under this Agreement, shall be governed by the laws of the State of California in the United States of America without regard to its conflict or choice of laws provisions. Any dispute with DNA Hemp Company ®, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively as specified in the ARBITRATION CLAUSE & CLASS ACTION WAIVER clause above, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case DNA Hemp Company ® may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, DNA Hemp Company ® is able to offer the Service at the terms designated, with little or no charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with DNA Hemp Company ®, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
Copyright Disputes and User Content
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like DNA Hemp Company ®, being asked to remove user generated material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable User Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here. To learn more about the DMCA, click here.
California Consumer Rights Notice
California Consumer Rights Notice. Under California Civil Code Section 1789.3, California users of the Service receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if DNA Hemp Company ® does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which DNA Hemp Company ® has the benefit of under any applicable law), this will not be taken to be a formal waiver of DNA Hemp Company ®’s rights and that those rights or remedies will still be available to DNA Hemp Company ®.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
DNA Hemp Company ® welcomes comments, questions, concerns, or suggestions. Please send us feedback by emailing us at hello@DNAHempCompany.com or writing us at 28202 Cabot Rd, Suite 300, Laguna Niguel, CA. 92677.
We appreciate your time and attention and wish you the best day ever!