Terms of service

Terms of service

OVERVIEW

Lifted Hemp Co is operated by TH Services, LLC. Throughout the site, the terms “we”, “us” and “our” refer to TH Services. TH Services offers this site, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our site. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the site or use any services. If these Terms of Service are considered an offer, acceptance is expressly conditioned on your acceptance of these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the site following the posting of any changes constitutes acceptance of those changes.

Our store is hosted by Big Commerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS; SALES; DELIVERY

By agreeing to these Terms of Service, you represent that you are at least twenty-one years of age. You agree you will not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). Further, you agree you will not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your access to, or use of the site and the Services.

All orders for our products through the site shall be deemed an offer by you to purchase our products pursuant to these Terms.  No such order shall be deemed accepted by us unless and until we ship the products to which such order relates.  Acceptance of delivery of any of our products and/or payment of the purchase price for such products shall be deemed conclusive evidence of your acceptance of these Terms.  No variation or amendment to, or waiver of, these Terms will be binding unless agreed to in writing by the authorized representatives of each of you and TH Services.

Unless otherwise expressly agreed by TH Services in writing, the price for our products shall equal our list price for such products as of the date of shipment (the “Price”).  You agree to pay the Price and all sales, use, value-added, and excise taxes and duties and charges imposed by a governmental authority in connection with your purchase of our products, excluding taxes based on our net income.  You will pay all costs of carriage of such products to you. You agree all payments for our products shall be in U.S. Dollars.

Risk in products you purchase through the site shall pass from TH Services to you upon our delivery of such products to a carrier for delivery to you.  Notwithstanding delivery and the passing of risk in such products, or any other provision set forth herein, title in such products shall not pass to you until TH Services receives in cash or cleared funds payment in full of the price of such product in accordance with these Terms.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. Further, we have the right, but not the obligation, to regulate all conduct on the site for any reason, in any manner and by any means we, in our sole discretion, deem necessary or appropriate.

You understand that content and information you provide us through the site (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 when transferred by us.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, or use or access thereof, or any contact information on the site, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

You acknowledge and agree we own all right, title and interest in and to the site, including without limitation, in and to our owned or controlled graphics, logos and trademarks, applications, multimedia content, or other information, and the look, feel, layout and organization of the site (collective the “Materials”). Nothing set forth in these Terms shall be construed as granting, by implication, estoppel or otherwise, a license or right to use the Materials and all such Materials are registered.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. 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. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. 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 THE SERVICE AND PRICES

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 OR SERVICES (if applicable)

The Food and Drug Administration (“FDA”) has not evaluated any statements or materials on our site, or our products.  Neither the FDA nor any regulatory agency endorses or approves any of our product ingredients or our products. Our products are not intended to diagnose, treat, cure, or prevent any disease. We provide information and materials on our site strictly for educational purposes.  Consult with a physician before using our products, especially if you have a serious medical condition or use prescription medications.  Our products should not be used if you are pregnant or nursing, are not intended for use by or sale to persons under the age of twenty-one (21), and should be used only as directed on the label.

We offer legal industrial hemp products, produced in accordance with the 2018 United States Farm Bill.  The 2018 United States Farm Bill defines hemp as a cannabis plant containing less than 0.3% THC on a dry weight basis.  Our products are compliant and are independently verified by third party labs to contain less than 0.3% THC.  We make no guarantee as to the lawfulness of any products offered through the site, or that you will be able to pass a drug test after consuming products available through the site. If you have any questions regarding the legality of industrial hemp in your jurisdiction, please consult a qualified attorney.

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 Refund Policy, www.liftedhempco.com

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. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

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.

You agree to provide current, complete and accurate purchase and account information for all purchases made through the site. You agree to regularly 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.

For more detail, please review our Returns 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 third-party 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 third-party 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). We may also, in the future, offer new services and/or features through the site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS AND SERVICES

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 of, and we do not warrant and will not have any liability or responsibility for, any third-party materials or websites, or for any other products or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third-party.

You hereby acknowledge and agree we may rely on services, data or information provided or generated by certain third party products and services in the course of providing the site or the Services and such information may be incorporated into the site and/or Services; we specifically do not warrant the accuracy, reliability or completeness of any such data and information; and you agree we will not be liable for any acts or omissions based on its reliance thereon.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. You hereby assign to us all rights, title and interest in and to any comments you provide or make available to us.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or other rights, or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other harmful code or malware. 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 comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Any information you submit to the site, including, but not limited to, personal information, is governed by our Privacy Policy, available at https://naternal.com/policies/privacy-policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the site or in the Service is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the site or in the Service, including without limitation, pricing information, except as required by law. No specified update or refresh date on the site or the Service, should be taken to indicate that all information on the site or in the Service has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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 of any other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the site, the Service or any related website for violating any of the prohibited uses.

SECTION 13 – APPLICABLE LAW

Our site and the Services are intended for consumers living in the United States.  You hereby agree it is your sole responsibility to ensure your use of our site, the Services, and our products you may purchase through the site, is in compliance with any laws, regulation, treaties, rules or similar guidelines applicable to you, and TH Services has no liability with respect to such compliance.

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of the site or the Services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the site or the Services will be accurate or reliable.
You agree that from time to time we may remove or suspend provision of the site or the Services for indefinite periods of time or terminate the site or the Services at any time, without notice to you.

You expressly agree that your use of, or inability to use, the site or the Services is at your sole risk. The site, Services and all products and services delivered to you through the site and/or the Services are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including, but not limited to, all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case will TH Services, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, lost profits, remote, cover, incidental, punitive, special, exemplary, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use or inability to use the site, the Services or any products procured using the site or the Services, or for any other claim related in any way to your use of the site, Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the site, Services or any content (or product) posted, transmitted, or otherwise made available via the site or the Services, even if advised of their possibility. Further, in no event will our total cumulative liability for claims of any kind, whether based on contract, tort, negligence, indemnity or otherwise, for any loss or damage arising out of or related to these Terms, the site or the Services, or any product purchased through the site exceed the greater of one hundred dollars ($100) and, if applicable, the amount you paid to TH Services for your use of the Services. No claim may be asserted by you against us more than twelve (12) months after the earlier date of: (i) the cause action underlying such claim; and (ii) the termination or expiration of these terms or your use of the site.  

You acknowledge we do not control the transfer of data over communications facilities, including the internet, and that the site and/or the Services may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. Accordingly, we will not be responsible for any delays, delivery failures, or other damage resulting from such problems.

SECTION 15 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless TH Services and our parent, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 16 - SEVERABILITY

In the event that any provision of these Terms of Service 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 of Service; any such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 - TERMINATION

The provisions of these Terms of Service that by their nature and context are intended to survive the performance and termination of these Terms of Service, will survive the termination of these Terms of Service. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. Upon any termination of these Terms, you must immediately cease accessing or using the site, and hereby agree not to access or make use of, or attempt to use, the site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our site or the Services (or any part thereof).

SECTION 18 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 19 - GOVERNING LAW AND VENUE

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Oregon, except for those conflicts of law rules thereof that would require or permit the application of the laws of another jurisdiction. Any dispute or controversy arising under, out of, or in connection with these Terms or your use of the site or the Services shall be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association before a single arbitrator.  Any such arbitration shall be conducted in Jackson County, Oregon.  Judgment upon any award may be entered in any court of competent jurisdiction.  The arbitrator shall be designated by mutual agreement of the parties hereto or, if the parties cannot agree on an arbitrator within ten (10) days after a request for arbitration hereunder, each party shall designate one (1) arbitrator and the arbitrators so designated shall designate a third arbitrator who shall conduct the arbitration.  The decision of the arbitrator shall be binding and conclusive upon the parties.  Notwithstanding the foregoing, TH Services has the right to seek injunctive relief or other equitable or legal remedies in a court of competent jurisdiction in the State of Oregon, to which jurisdiction, for such purpose, you hereby irrevocably consent.  All rights and remedies hereunder are cumulative.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@liftedhempco.com.

SECTION 21 – RECALL

At its sole discretion, may initiate a recall of its products (a “Recall”) if: (i) such products create a risk of personal injury or public safety; or (ii) TH Services reasonably anticipates the products will adversely affect our sales and the goodwill associated with us. In the event of a Recall, you hereby agree to return to us any products subject to such Recall at our sole cost and expense, and we hereby agree to refund any amounts paid to us by you in connection with such recalled products.  You hereby further agree not to make any public statement regarding a Recall without our prior written consent.