Enrollment Terms and Conditions
This agreement (“Agreement”) is made by and between the person named in the “User Application” (“you”, “your”, or “yours”) for the use of the service offered by the International Hemp Exchange, our affiliates, subsidiaries or assignees (the “Exchange”)”, “we”, “us”, “our”, “ours”), and shall govern your enrollment in, and use of our Services (“Services”) described herein.
Acceptance of Terms
By enrolling in and using this Service, you agree to be bound by the terms and conditions of this Agreement, and you acknowledge that you have read, understand and agree to abide by the terms of this Agreement. You agree that you are intending to form a legally binding contract between yourself and the Exchange. Any rights not expressly granted herein are reserved by us.
Description of the Service
Sellers create an account with the Exchange linking directly to the Seller’s bank account or credit card.
Sellers post the products being offered on the Platform including a description of the product, quantity offered, price, shipping and handling charges and refund or return policy.
In order to purchase product, Buyers create an account with the exchange. Payment is made to the Exchange and as soon as product is shipped, the Exchange pays the Seller minus the sales commission.
You must be 18 years of age or older in order to use the Service. A valid and functional email address must be provided. Your enrolled User ID (PIN) should not be shared with anyone. You agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Application (such information being the “Enrollment Data”) and (b) maintain and promptly update the Enrollment Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such data is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate the Service and refuse any and all current or future use of the Service (or any portion thereof). By enrolling in and using the Service, in addition to the terms of this Agreement, you agree to comply with all applicable federal, state/provincial and local laws, rules and regulations. Your failure to comply with the Terms and Conditions, including those contained in this section shall be deemed a waiver of any and all claims against us for any losses you may sustain from using the Service.
In acceptance of this agreement, you authorize us to verify your Identity. You also authorize use to provide transaction history information to other Users. The authorization to complete transactions using the Service will remain in effect until you provide us with written notification of your intention to terminate this Agreement in writing.
There are no enrollment fees. We do charge a fee equal to 10% of the final sale price as determined for each Seller’s Account. The sales commission is collected from the Seller’s Account when a transaction is completed.
Compliance with Credit Card Issuer Rules
You agree to comply with all credit card issuer rules, including but not limited to reversals and chargebacks. You agree that we are authorized to act on your behalf if a transaction is ultimately reversed, the money will be refunded to the original payment method used for the transaction if a debit or credit card was used. If the payment method was through a bank account, the money will be refunded once the initial payment clears the bank.
Transfer and Closure of Accounts
As an enrollee, your right to use the Service is nontransferable and any rights to your account or contents within your account terminate upon written notification from Us in our sole and absolute discretion, at any time for any reason.
Our Proprietary Rights
The service and any related software(s) or documentation are our property or that of our assignees and/or content suppliers, and are protected by United States and International intellectual property rights laws.
We will only disclose information to third parties about the transactions you make:
(a) Where it is necessary for completing transactions;
(b) In order to verify the existence of your access device for a third party;
(c) In order to comply with a demand from a government agency, court order, or other legal reporting requirements; and
(d) If you give us your written permission for any other reason.
Our Liability for Failure to Complete Transactions
If you do not complete a transaction in your account, we will not be liable for consequential damages (including lost profits), extraordinary damages, special or punitive damages. For example, we shall not be liable:
(a) If, through no fault of ours, you do not have enough money in your account to complete the transaction;
(b) If your transaction counterpart refuses to complete the transaction;
(c) If an electronic terminal where you are making a transaction does not operate properly;
(d) If access to your account has been blocked after you reported your PIN lost or stolen;
(e) If there is a hold on your account or your account is subject to legal process or other encumbrance restricting its use;
(f) If we have reason to believe the requested transaction is unauthorized;
(g) If circumstances beyond our control (such as fire or flood or computer or communication failure or other acts of God) prevent the completion of the transaction, despite reasonable precautions that we have taken.
THIS SERVICE IS PROVIDED “AS IS” AND WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE SERVICES PROVIDED TO YOU UNDER THIS AGREEMENT. WE DO NOT AND CANNOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT ERRORS, OR THAT THE SERVICE WILL BE AVAILABLE AND OPERATIONAL AT ALL TIMES. WE ARE NOT RESPONSIBLE FOR THE QUALITY, SAFETY, LEGALITY, OR ANY OTHER ASPECT OF ANY GOODS OR SERVICES YOU PURCHASE THROUGH THE USE OF THIS SERVICE.
Error Resolution Procedures
ALL INQUIRIES CONCERNING TRANSACTIONS MADE THROUGH THIS SERVICE MUST BE DIRECTED TO US. We are responsible for the Service and for resolving any errors in transactions made through the use of the Service. We will make monthly account activity information available to you identifying transactions that you made through this Service. You may access your account information in the vendor dashboard. If you have any questions about one of these transactions you may contact us by email, telephone, or in writing addressed in accordance with the contact information provided at the end of these enrollment term and conditions. We must hear from you no later than 60 days after the problem or error appeared.
(a) Provide us your name and account number (if any).
(b) Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
(c) Provide us the dollar or quantities amount of the suspected error.
If you advise us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need additional time, however, we may take up to 45 days to investigate your complaint or question. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may consider your complaint or question resolved. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may request copies of the documents that we used in our investigation.
You agree that We may cancel or suspend this Service and terminate this Agreement in our sole and absolute discretion, at any time, for any reason with or without prior notice. You may terminate this Agreement at any time by contacting us by email, by telephone, or in writing at the contact information provided at the end of these enrollment terms and conditions. Upon termination of this Agreement:
(a) you will no longer have access to the Service, and
(b) your User ID and all related information, content, data associated with or inside your account (or any party thereof) will be deactivated. You agree that termination of this Agreement by you or us will not affect any of our rights or your obligations arising under this Agreement prior to termination.
We may provide you with notices including those regarding changes to this Agreement by email, regular mail and/or by posting in the Vendor Dashboard.
Entire Agreement. This Agreement constitutes the entire agreement between you and Us governing your use of the Service and supersedes any prior agreements between you and us to that subject matter.
ARBITRATION PROVISION: READ THIS PROVISION CAREFULLY AS IT AFFECTS YOUR RIGHT TO JURY TRIAL
Waiver of Jury Trial; Other Rights. Upon written demand by either party, the parties shall proceed to resolve all claims exclusively and finally by binding arbitration. THERE SHALL BE NO RIGHT TO A JURY TRIAL. The arbitration hearing shall be conducted at a location within twenty (20) miles of Your address at the time of such arbitration. The arbitration shall be conducted before the American Arbitration Association (the “AAA”), pursuant to the AAA Commercial Arbitration Rules, which can be obtained on line at www.adr.org, or by calling the AAA at 1-800-778-7879. We will provide a copy of the Arbitration Rules to You via email upon written request. The arbitration shall be conducted by one neutral arbitrator appointed by the AAA. The arbitrator may have actual experience in and knowledge of our business to the greatest extent practicable, unless the parties agree otherwise. The parties agree that the Federal Arbitration Act (“FAA”) and related federal law shall govern the interpretation, implementation and enforcement of this Section to the fullest extent possible. In the event state law shall govern, the laws of the State of Colorado shall apply. The arbitrator shall have the authority to award any relief at law, or in equity which would otherwise be available in a court of law. The arbitration filing fee and the arbitrator’s fee shall be jointly paid by you and us.
No Class Actions: The Parties hereto acknowledge and agree that this arbitration shall be solely between the Parties to this Agreement, and no class arbitration, or other representative action may be undertaken by the arbitrator. The parties further agree that the arbitrator shall not have the power to combine this with any other arbitration or to treat this as a representative action, or as a class action.
Opt-Out: You may elect to opt out of this Waiver of Jury Trial and Arbitration Provision by sending written notice to Us to be received by the close of business on or before the tenth (10th) calendar day after this Agreement is executed, time being “of the essence”. Opt-out notices received after this deadline shall be of no force and effect. The opt-out shall not modify any of the party’s other rights and remedies contained herein.
Waiver and Severability of Terms
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of this Agreement remain in full force and effect.
Survival of Claims
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service must be filed within one year after such claim or cause of action arose or be forever barred.
We will provide you with all disclosures, policies, notices and other communications about the Service, including this Agreement, in electronic form, and we will provide revisions and amendments to this Agreement, and such other information, including but not limited to information under Regulation E and other laws and regulations, electronically as a part of the Agreement or otherwise as a part of the Service. We will provide all future notices by posting them on our website or by email. By accepting this Agreement, you are also consenting to accept documents electronically that relate to all future transactions you conduct using this Service.
These electronic records will be stored by us and available for your viewing at our website. We will send you an email when a notice is first posted to the website, letting you know that a notice is now available to you for pick-up. The notices will be stored in the confidential section of our website and they will be available to you for at least 180 days following the date the notice is first posted for pick-up or the date we send the email to you, whichever is later. To access the notices, you will need to use the security procedures used as part of the Service. Paper copies of the electronic records described above will be made available to you only if you specifically request a copy. You can request a copy of an electronic record by contacting us at the contact information provided at the end of these enrollment terms and conditions.
After you have consented to this Agreement, you may withdraw your consent to receive electronic records at any time by contacting us at the contact information provided at the end of these enrollment terms and conditions.
Use of the Service requires us to maintain your current email address. You agree to provide us with any updated information needed in order for us to be able to provide you with electronic records from time to time and at any time. This includes, but is not limited to, providing us with any changes to your email address by contacting us at the contact information provided at the end of these enrollment terms and conditions. In order to access, view, and retain electronic documents that we make available to you, you must have: Access to the internet via a personal computer installed with a web browser software.
You may print and retain a copy of the Agreement or any other notices or communication. However, we only provide these documents electronically. You can obtain a copy of the most recent agreement at a later date by going to the disclosure section on the login screen.
If we change the minimum hardware or software requirements needed to access or retain electronic records, and the change creates a material risk that you will not be able to access or retain a subsequent record, then we will let you know about the change(s) before the change(s) takes effect and let you know what the new requirements are.
By checking the authorization box in the Enrollment Application screen, you are thereby accepting and agree to be bound by the above terms and conditions. By providing your consent to this Agreement, you also confirm that you are able to access all of the disclosures, records and other information provided to you in electronic form.