Palettemarket.com provides a community for customers and artists to shop online. We sell CBD-based beauty products, tinctures, artisan edibles, artwork, and other curated subscription boxes.
SECTION 1 – SITE ACCESS
By agreeing to these Terms of Service, you represent that you are at least eighteen (18) years of age or older. If you are under eighteen years of age, please do not use this Site. It is your responsibility to know if you are the age of majority in your jurisdiction and you must give us your consent by emailing us at email@example.com to allow access to the Site for any of your minor dependents.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL TERMS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Service, use of the Site or Service, or access to the Site or Service or any contact on the Site through which the Services are provided, without express written permission by us.
SECTION 3 – SITE MATERIAL
The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
SECTION 4 - MODIFICATIONS TO PRICING
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS
Certain products or Services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
SECTION 6 - ACCOUNT & BILLING INFORMATION, ELECTRONNIC COMMUNICATION
By using the Site, you consent to receiving electronic communications from us about applicable fees and charges, transactional information and other information concerning or related to our relationship with you. These electronic communications are part of your relationship with us and you will receive them as part of your access to, and use of, the Site. You agree that any such notices, disclosures or other communications that we send you electronically will satisfy any applicable legal communication requirements. You agree to provide current, complete and accurate purchase and account information for all purchases made on the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. For more detail, please review our Return Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
SECTION 8 – THIRD PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of such third-parties.
SECTION 9 – USER FEEDBACK
Should you send certain creative ideas, suggestions, comments, submissions, feedback, proposals, plans, or other materials, whether online, by email, by postal mail, or any other method, whether at our request or not (collectively, 'Feedback”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any such Feedback that you provide to us. Any such Feedback provided by you in connection with this Site (e.g. in public posting areas) is provided on a non-proprietary and non-confidential basis. As such, we are under no obligation to maintain any such Feedback in confidence, to respond in any manner or to pay compensation for any such Feedback. You are solely responsible for any Feedback and the accuracy of same. We take no responsibility and assume no liability for any Feedback posted by you or by any third party.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or in violation of any party’s intellectual property rights or these Terms.
You agree that you will not provide any correspondence, files or other materials that contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any orders or Feedback.
SECTION 11 – ERRORS ON SITE
At times, there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping times and availability. We will do our best to provide useful and accurate information, and reserve the right to correct any such errors, inaccuracies or omissions, and to change or update information or cancel orders as may be affected.
SECTION 12 - PROHIBITED USES OF SITE & CONTENT
In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose or to solicit or allow others to perform or participate in any unlawful acts; (b) to violate any international, federal, state or local regulations, rules, laws, or ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of any third parties; (d) to defame, slander, disparage, intimidate, harass, abuse or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (e) to submit false or misleading information; (f) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service, the Site or the Internet; (g) to collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) in any way to interfere with or circumvent the security features of Site. A violation of any of the foregoing will result in a termination of your rights to the Service and the Site.
SECTION 13 - DISCLAIMER OF WARRANTIES, INDEMNITY AND LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service or Site will be uninterrupted, timely, secure or error-free.
We do not warrant that the products will provide guaranteed or certain results.
As such, you expressly agree that your use of the Site, and the Service and all products delivered to you via this Site are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
IN NO EVENT WILL CBD PALETTE’S AGGREGATE LIABILITY TO YOU RELATED TO THE SITE, SERVICES AND PRODUCTS PROVIDED HEREUNDER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF: (A) THE AGGREGATE AMOUNT OF FEES FOR SERVICES COLLECTED BY US FROM YOU OVER THE PRECEDING TWELVE (12) MONTH PERIOD, OR (B) $1,000.
You can review the most current version of these Terms at any time at this Site. We reserve the right, at our sole discretion, to update, change, replace or modify any part of these Terms by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of, or access to, our Site following the posting of any changes to these Terms constitutes your acceptance of such changes.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, and such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – SUSPENSION OF ACCESS
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may deny you access to the Site at any time without notice and you will remain liable to us for any and all amounts due through the effective date of suspension/termination.
SECTION 17 - FOOD AND DRUG ADMINISTRATION (FDA) DISCLOSURE
The information and statement on this Site have not been evaluated by the Food and Drug Administration (FDA). All products sold on or through Palette are not intended to diagnose, treat, cure, or prevent any disease. If you are pregnant, nursing, or have or suspect a medical condition, please consult a licensed medical professional before using any of our products.
SECTION 18 - GOVERNING LAW
These Terms are governed by the laws of the State of Georgia, United States of America, and venue will be exclusive to the state and federal courts of Fulton County, Georgia.
SECTION 19 – QUESTIONS
Questions about the Terms should be directed to us at firstname.lastname@example.org
© CBD Palette LLC, 2020