Terms and Conditions

TERMS & CONDITIONS

 

Terms of Use

By accessing and using this site, you agree that you have a duty to read these Terms and Conditions, that you have done so, and that you accept these Terms and Conditions in full, including, without limitation, Warranty Disclaimer and Limitation of Liability set forth further below. Furthermore, you understand and accept that you are precluded from using failure to read as a defense against all remedies contained herein.  If you disagree with any part of these Terms and Conditions, please do not use this website.

Changes

These Terms and Conditions are subject to change by In Motion CBD, LLC (“In Motion CBD” or “Company”) at any time in its discretion. Your use of this site, including any product order, after any such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please regularly review these Terms and Conditions.

Access to this Site

You must be eighteen (18) years or older to use this website, including to register for an account and purchase goods or services on our website. If you are under eighteen (18) years of age, you are not permitted to access this website for any reason. By using this website (and agreeing to the Terms and Conditions) you warrant and represent that you are at least eighteen (18) years of age. Due to the age restrictions for use of this website, no information obtained by this site falls within the Child Online Privacy Act (COPA) and is not monitored as doing so.

To access this site or some of the products and resources it has to offer, you may be asked to provide certain personal information or other details for registration or order purposes. It is a condition of your use of this site that all the information you provide to In Motion CBD be true, accurate, current and complete. If you provide any untrue or inaccurate information, or if we have reasonable grounds to suspect such information is untrue or inaccurate, we may suspend or terminate your account and refuse all current and future use by you of our website. Account information and certain other information about you are subject to the terms of our Privacy Policy.

You will receive a password and account designation after you have completed an account registration form and provided the required account information. You agree to maintain the security of your account on our website, including the confidentiality of your password and other account information, and you are fully responsible for all activities that occur under your password or account, including all charges resulting from unauthorized use of your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.

Use of this Site

You agree to use our website only for lawful purposes. Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including of an In Motion CBD or other licensed employee, host, or representative, as well as of other members or visitors to this site, is prohibited. You may not upload to, post, distribute, or otherwise publish or transmit through this site any content or material of any kind which is unlawful, fraudulent, libelous, defamatory, obscene, profane, threatening, derogatory, invasive of privacy or publicity rights, abusive, illegal, or which we otherwise deem objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any applicable local, state, national, or international law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

You may access and use this website for purposes expressly permitted by In Motion CBD.  You may not (and may not authorize any other party to) use it for any other purposes, including commercial purposes such as co-branding, framing, or hyperlinks, without the express prior written permission of an authorized representative of In Motion CBD.  For purposes of these Terms and Conditions, “co-branding” means displaying a name, logo, trademark, tradename or other means of attribution or identification of any party in such a manner as to reasonably give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible through this site. 

Website and Medical Information Disclaimer

This website contains general information and content about diet, health, and nutrition. This information and content is not advice, and should not be treated as such. The contents of this website are for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis or treatment.  Always seek the advice of your physician or other qualified health professional with any questions you may have regarding a medical condition.

The general information and content on this website are provided “AS IS” without any representations or warranties of any kind, express or implied. In Motion CBD makes no representations or warranties whatsoever in relation to any health information on this website.

You must not rely on the information on this website as an alternative to medical advice from your doctor or other professional healthcare provider. If you think you may be suffering from any medical condition, you should seek medical attention. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information in Company materials or provided by any Company representative, none of which information is intended to be a substitute for medical diagnosis, advice or treatment. If you are considering making any changes to your lifestyle, diet or nutrition, including taking any nutritional, herbal or homeopathic supplement, you should consult with your doctor or other healthcare provider before doing so.  Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.

Neither the Company nor its representatives are providing any medical advice, and none should be inferred, from any ideas, suggestions, testimonials or other information set forth on this website or in other Company materials or provided over the phone or in email correspondence. All of the information on this website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and In Motion CBD does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not or no longer accurate or complete.

Hyperlinks

This website may contain links to third-party websites which are not maintained by, or related to, In Motion CBD. The Company provides these hyperlinks as a convenience only and does not sponsor or endorse any of these sites or their contents. The Company is not responsible for the content of, and does not make any representations or warranties regarding the content or materials on, such linked third-party websites. If you decide to access or rely on information at a linked third-party website, you do so at your own risk.

In Motion CBD has no control over these linked sites, all of which have separate privacy and data collection practices, independent of In Motion CBD.  Nonetheless, In Motion CBD seeks to protect the integrity of its website and therefore requests any feedback on sites to which it links, including if a specific link does not work.

Proprietary Information

The material and content of this site including but not limited to text, logos, photos, graphics and code (collectively “Content”) accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by In Motion CBD, is the proprietary information of In Motion CBD, and In Motion CBD retains all right, title, and interest in the Content.  Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of In Motion CBD, or unless authorized in writing elsewhere on the site.

Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order or purchasing In Motion CBD products. You may display and, subject to any expressly stated restrictions or limitations, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with or purchase products from In Motion CBD. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site, is strictly prohibited, unless authorized in writing by In Motion CBD.  You may not modify, remove, delete, augment, add to, publish, or participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. All rights to such Content are reserved to In Motion CBD, LLC, or its licensor. You further agree not to change or delete any proprietary notices, warranties, or disclaimers from materials downloaded from the site.

If you violate any of these terms, your permission to use the Content automatically will terminate and you must immediately destroy any copies you have of any portion of the Content.

Trademarks

Trademarks, service marks, and logos appearing in this site are the property of In Motion CBD, or the party that provided the trademarks, service marks, and logos to In Motion CBD. The Company and any party that provided trademarks, service marks, and logos to In Motion CBD, retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.

Submissions; Participation Disclaimer

You hereby grant to In Motion CBD the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to In Motion CBD through this site (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed.  In Motion CBD will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations.

In Motion CBD will treat any personal information you submit through this site in accordance with its Privacy Policy as set forth on this site. 

In Motion CBD reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property rights of another, or (d) offensive or otherwise unacceptable to In Motion CBD in its sole discretion.

Indemnity

You agree to indemnify, defend and hold harmless In Motion CBD, its subsidiaries, affiliates, employees, officers, directors, employees, agents, suppliers, contractors, licensors, and service and content providers (hereinafter known as the “Indemnified Parties”) from and against all losses, judgments, awards,  expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any person accessing the site using your account.  You also agree to indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

Limitation on Liability

In no event shall any indemnified parties be liable for any actual, consequential, incidental, direct, indirect, punitive, exemplary, special, or other damages, including without limitation loss of revenue or income, profits, value or use, pain and suffering, or similar damages, even if the Company has been advised of the possibility of such damages. No person is authorized on behalf of In Motion CBD to give any other representations, or to modify or extend the limited warranties provided on this website, or to assume any other liability in connection with this website or the products offered for sales by In Motion CBD. In no event shall the collective or total liability of the indemnified parties to any party for any claim (regardless of the form of action, whether in contract, warranty, tort or otherwise, excluding willful misconduct or gross negligence) exceed the price paid for the product or service which gives rise to such claim.

In Motion CBD shall not, under any circumstances, be liable for any use of, or the inability to use, the materials on this site.

Applicable law may restrict the use or extent of limitations or exclusions to liability for incidental or consequential damages, so the foregoing limitations and exclusions may not apply in full to you. Nonetheless, in no event will In Motion CBD’s liability for products purchased from this site exceed the price paid for such products, including any shipping and handling charges.

Local Jurisdictions/Buyer’s Compliance with Applicable Laws

In Motion CBD makes no representations that the products available through this website will be available or appropriate in every jurisdiction in which this website may be accessed. To the best of In Motion CBD’s knowledge, it operates legally under both state and federal law in the United States; however, it is impossible for the Company to be aware of the laws and regulations of all local jurisdictions (e.g. municipalities and counties) relating to industrial hemp-derived products. In Motion CBD is not responsible for any potential legal matters that may arise due to such local regulations.

You are solely responsible for compliance with any laws governing the purchase and use of the products available through In Motion CBD’s website or a website linked to In Motion CBD’s website. IT IS YOUR RESPONSIBILITY AS THE PURCHASER AND/OR USER, NOT IN MOTION CBD’S, TO ASCERTAIN AND OBEY ALL APPLICABLE LOCAL, STATE, AND FEDERAL LAWS REGARDING THE POSSESSION AND USE OF ANY ITEM OR PRODUCT OFFERED BY IN MOTION CBD OR BY A WEBSITE LINKED TO IN MOTION CBD’S WEBSITE.  IF YOU ARE UNSURE, PLEASE CONTACT YOUR LOCAL OR STATE AUTHORITIES BEFORE PLACING AN ORDER. BY PLACING AN ORDER, YOU INDICATE THAT YOU UNDERSTAND AND AGREE IT IS YOUR SOLE RESPONSIBILITY AS BUYER TO DETERMINE IF INDUSTRIAL HEMP DERIVED PRODUCTS ARE LEGAL ACCORDING TO THE LAWS THAT APPLY TO YOU AND REPRESENT AND WARRANT THAT YOU HAVE READ THIS DISCLAIMER AND THAT ALL PRODUCTS PURCHASED WILL BE USED IN A LAWFUL MANNER AND THAT YOU ARE OF LEGAL AGE TO PURCHASE AND USE SUCH PRODUCTS.  

You understand and agree that the limitations on liability set forth above apply to the foregoing.

Warranty Disclaimer

This site and, except as provided in the following sentence, the materials, and products offered on this site are provided “as is” and without warranties of any kind, whether express or implied. In Motion CBD warrants that all In Motion CBD products purchased on this site, at the time of shipment, will not be adulterated, and will contain the ingredients specified for the products as labeled.

In Motion CBD makes no warranty with respect to products, services or this website that is not set forth in writing in these Terms and Conditions, and specifically disclaims and excludes, to the fullest extent permitted by applicable law, any and all other representations and warranties of any kind, express or implied, arising by operation of law or otherwise, including, but not limited to, any implied warranty of merchantability, or fitness for a particular purpose. The remedies provided in these Terms and Conditions are exclusive and In Motion CBD expressly and specifically disclaims all other remedies.  The customer irrevocably waives the right to seek all other remedies.  

In Motion CBD does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. In Motion CBD does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.  The content may include technical inaccuracies or typographical errors, and Company may make changes or improvements at any time. In Motion CBD makes no warranties that your use of the content will not infringe the rights of others and assumes no liability or responsibility for errors or omissions in such content.

Some states restrict the use or extent of limitations or exclusions regarding warranties, so the foregoing limitations may not apply in full to you.

Notice

In Motion CBD may deliver notice to you by means of a general notice posted on the site, or an e-mail to any address you have provided to In Motion CBD, or by any other method reasonably believed by In Motion CBD to be reliable.

Information You Provide

You may not post, send, submit, publish, or transmit in connection with this site any material that:

  • Includes proprietary material of any third party; 
  • Advocates illegal activity or discusses an intent to commit an illegal act;
  • Is vulgar, obscene, pornographic or indecent;
  • Does not pertain directly to this site;
  • Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
  • Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  • Infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
  • Violates any law or may be considered to violate any law;
  • Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; advertises any commercial endeavor (e.g., offering sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site; 
  • Solicits funds, advertisers or sponsors;
  • Includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
  • Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
  • Includes MP3 format files;
  • Amounts to a ‘pyramid; or similar scheme;
  • Disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or 
  • Contains hyperlinks to other sites that contain content that falls within the description set forth above.

Although under no obligation to do so, In Motion CBD reserves the right to monitor use of this site to determine compliance with these Terms and Conditions as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree neither the Company, nor any third party that provides Content to the Company will assume or have any liability for any action or inaction by In Motion CBD or such third party with respect to any submission.

Security

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any).  In Motion CBD will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that In Motion CBD considers insecure, In Motion CBD will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provide in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, In Motion CBD reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.

In Motion CBD reserves the right to investigate suspected violations of these Terms and Conditions.

In Motion CBD reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing In Motion CBD to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions.

BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS IN MOTION CBD FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY IN MOTION CBD DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER IN MOTION CBD OR LAW ENFORCEMENT AUTHORITIES. 

Governing Law; Jurisdiction

Any disputes arising from services provided via the website shall be subject to the laws of the United States, without regard to choice of law provisions, and not by the 1980 United Nations Convention on contracts for the international sale of goods.  You agree that personal jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to this site or these Terms and Conditions (including but not limited to the purchase of In Motion CBD products) shall be in the United States courts, and you waive any right to object to the laying of venue in such courts and the right to claim inconvenient forum. Any cause of action or claim you may have with respect to this site (including but not limited to the purchase of In Motion CBD products) must be commenced within one (1) year after the claim or cause of action occurs.  In Motion CBD’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.  Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions.

If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.