Terms and Conditions - Heritage™ CBD
Last Updated: June 5, 2022
These Terms constitute an agreement between HH Distribution, LLC and its affiliates (collectively, “Heritage CBD Brands” or “we” or “us”) and you. We recommend that you print out a copy of these Terms for your records.
PLEASE NOTE THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND LIMIT OUR LIABILITY TO YOU.
Changes to Terms
We may change these Terms so please check back from time to time. If we make material changes to these Terms, we will inform you in advance by posting a notice within the Heritage Online Services. If you are a registered user or are on our electronic mailing list, we may also notify you of such material changes via email. We may ask you to affirmatively accept changes to these Terms at the time of your next account sign in, access or use of the Heritage Online Services. All changes are effective when we post them and apply to your access and use of the Heritage Online Services thereafter.
Certain services offered through the Heritage Online Services, including loyalty programs, sweepstakes and other prize promotions, may be governed by additional terms and conditions presented in conjunction with them. You must agree to the additional terms before using such services. These Terms and any additional terms will apply equally. In the event of an irreconcilable inconsistency between any additional terms and these Terms, the additional terms will prevail unless they expressly state otherwise.
Users and Accounts
The Heritage Online Services are not intended for use by anyone under age 21. YOU MUST BE AT LEAST AGE 21 TO ACCESS AND USE THE HERITAGE ONLINE SERVICES. By accessing, using and/or submitting information or orders to or through the Heritage Online Services, you represent that you are at least age 21.
From time to time, Heritage CBD Brands may make special offers available to account holders. These offers may be communicated using various means including electronic communication, email, SMS text messages or direct mail. These special offers may be subject to specific terms, restrictions and conditions, and are subject to change or termination without notice. We are not responsible for any news, reward-earning opportunity, coupon or other offer sent to an incorrect or incomplete email address if your email address is not up-to-date in your profile at the time of mailing or offering. We are not responsible for any lost, late, misdirected, damaged, postage-due or illegible mailings or other communications. We reserve the right to correct and not honor errors made in our communications with you.
You are responsible for providing the equipment and services that you need to access and use the Heritage Online Services. We do not guarantee that the Heritage Online Services are accessible on any particular equipment or device or with any particular software or service plan.
We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the Heritage Online Services or any component of them and to block or prevent future access to and use of the Heritage Online Services and to delete your account and any related information. Any obligation or liability incurred prior to our termination of your access to the Heritage Online Services will survive such termination.
The Heritage Online Services are owned by Heritage CBD Brands and licensed to you for your personal, non-commercial use only. Except as expressly provided in these Terms, you may not copy, distribute, publish, transmit, modify, transmit, publicly display or perform, create derivative works of or otherwise exploit any part of the Heritage Online Services. You may not save or archive a significant portion of the material appearing in or on the Heritage Online Services. All rights not expressly granted herein are reserved by Heritage CBD Brands.
Not Healthcare Advice
The products and claims made about specific products on or through any Heritage Online Service have not been evaluated by the United States Food and Drug Administration and are not approved to diagnose, treat, cure or prevent disease.
Heritage Online Services are not intended to provide diagnosis, treatment or medical advice. You should not use the information or services on any Heritage Online Service to diagnose or treat any health conditions or for prescription of any medication or other treatment. Products, services, information and other content provided on any Heritage Online Service, whether directly or by linking to third-party websites are provided for informational purposes only. Information available on or through any Heritage Online Service is not comprehensive, may be provided in summary or limited form, and does not cover all diseases, ailments, physical or mental conditions or their treatment.
Heritage Brands and Heritage Online Services do not recommend self-management of health issues. You must consult with a physician or other healthcare professional regarding any medical or health related diagnosis or treatment options and prior to using any medication, nutritional, herbal or homeopathic product or before beginning any exercise or diet program or starting any treatment for a health issue.
Individuals are different and may react differently to different products. You should consult your physician or healthcare professional about interactions between medications you are taking and nutritional supplements. Contact your healthcare professional promptly if you have any health related questions. Never disregard or delay medical advice based upon information you may have read on or accessed through any Heritage Online Service.
Comments made in any forums on or accessed through Heritage Online Service by employees of Heritage Brands or users of Heritage Brand products are strictly their own personal views made in their own personal capacity and are not claims made by us or do not represent our positions or views. Such comments or opinions are not intended as a substitute for appropriate medical care or advice from a physician or healthcare professional. We are not liable for any information provided on or accessed through any Heritage Online Service with regard to recommendations regarding products for any health purposes.
Links to or access from any third party websites or resources is not an endorsement of any information, product or service. We are not responsible for the content or performance of any third party websites. Use of any third party websites is at your own risk.
Voluntary Allergen Statement:
Products sold or made available through Heritage Online Services may have been manufactured in a facility that may have at one time processed eggs, milk, tree nuts, peanuts, soybeans and or wheat.
Copyright and Trademark
Unless otherwise noted, all materials, logos, trade names, trade dress, published on any Heritage Online Service, including without limitation, Heritage Online Services’ design, text, graphics, sounds, pictures, software and other files, its look and feel, and the selection and arrangement thereof, are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by Heritage CBD Brands and/or its subsidiaries and affiliates or by other parties that have licensed their material to Heritage CBD Brands.
Heritage CBD Brands marks displayed in any Heritage Online Service represent some of the proprietary rights currently owned or controlled by Heritage CBD Brands in the United States and/or in other countries and are not intended to be a comprehensive compilation of all Heritage CBD Brands worldwide proprietary ownership rights. Without limiting the forgoing, “HERITAGE” and the leaf logo are federally registered and common law trademarks owned by HH Distribution, LLC.
Other copyrights, trademarks, product names, company names, logos or intellectual property displayed, used or accessible through Heritage Online Services are the property of the respective owners with all rights reserved. References to third parties or their copyrights, trademarks or other intellectual property do not constitute or imply affiliation with, endorsement, or recommendation of Heritage Brands.
You may not remove or alter any copyright, trademark or other proprietary right notice in any Heritage Online Service. All rights not expressly granted are reserved.
Digital Millennium Copyright Act ("DMCA") Policy
This DMCA statement constitutes part of the legal terms and conditions governing all users of the Heritage Online Services. In compliance with the DMCA (Title 17, United States Code), Heritage CBD Brands will respond to proper notifications of claimed copyright infringement with respect to material posted by users, and will take appropriate action including removing and disabling access to the allegedly infringing material. Heritage CBD Brands also reserves the right to remove and disable access to any user-posted material which, in Heritage CBD Brands sole judgment, may be infringing or violating another's intellectual property right, whether or not Heritage CBD Brands has been notified by the rights holder.
Repeat Infringer Policy
In accordance with the DMCA and other applicable law, Heritage CBD Brands has adopted a policy of terminating, in appropriate circumstances, the accounts of registered users who are determined by Heritage CBD Brands to be repeat infringers. Heritage CBD Brands may also, in its sole discretion, suspend and/or terminate the account of any registered user who infringes another's intellectual property right, whether or not there is repeat infringement
In compliance with the DMCA, the Designated Agent for Heritage CBD Brands to receive notifications of claimed infringement relating to any of the Heritage Online Services as outlined below.
HH Distribution, LLC
PO Box 1810
New Canaan, CT 06840
By telephone: 1-413-287-9789
By email: firstname.lastname@example.org
Counter-Notification to Claimed Copyright Infringement
Under the DMCA, if a notice of copyright infringement has been filed against material posted by you on any of the Heritage Online Services, you may make a counter-notification with our Designated Agent listed above, provided that such counter-notification must be in writing and contain the following requisite information:
- your physical or electronic signature;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
- your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located (or in the Commonwealth of Massachusetts, U.S.A., if you reside outside of the U.S.A.), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.
If Heritage CBD Brands receives a valid counter-notification, it may reinstate the removed or disabled material in accordance with the DMCA.
Liability for Misrepresentation under the DMCA
Please note that, pursuant to the DMCA, any person who knowingly materially misrepresents that any material or activity is infringing, or that any material or activity was removed or disabled by mistake or misidentification, will be liable for damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by an online service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
Accordingly, if you are not sure whether certain material or activity infringes your or another's copyright, please consult with a qualified attorney.
Third Party Links and Services
Third Party Links
The Heritage Online Services may link to, interact with or be available on websites, platforms, and services or products operated and owned by third-parties (“Third Party Services”) such as social media providers and third-party devices. If you access such third-party services or products, be aware that different terms and privacy policies may apply to your usage of such services.
Third Party Services may also link to the Heritage Online Services in ways that are beyond our control. We cannot control the content, functionality or accuracy of Third Party Services, even if someone from Heritage CBD Brands occasionally visits those websites, is quoted, or leaves a comment. We are not responsible for the accuracy or reliability of the information on Third Party Services and cannot vouch for the data, opinions, advice or statements made there. Further, we are not responsible for the goods or services that may be offered through Third Party Services.
Third Party Social Networking Services and Logins
Third Party Products
Heritage Online Services may be accessed on third-party devices or other products (“Third Party Products”). For example, you may be able to access the Heritage Online Services using voice functionality services available through the microphone on a Third Party Product. We have no responsibility for your acquisition or use of any Third-Party Products, and we do not guarantee that Third-Party Products will function with Heritage Online Services or will be error-free. We hereby disclaim liability for all Third-Party Products, including any Third-Party Products offered by our partners.
Errors and Inaccuracies.
Heritage Online Services may contain errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, availability and other information. If any information in any Heritage Online Service is inaccurate, incomplete or out of date, we reserve the right to correct, change or update such information or to cancel orders related to such information (including after you have submitted an order) without prior notice and issue a refund for amounts paid. We cannot guarantee that your computer’s display of color or other product features is accurate. If any product that you purchase is not satisfactory to you, your sole remedy is to return it (unused) for a refund.
Disclaimer of Warranty and Limitation of Liability
To the fullest extent allowed by applicable law, Heritage CBD Brands is not liable for any direct, indirect, special, incidental, consequential, punitive or other damages arising from your use of, or inability to use, any of the Heritage Online Services or any materials available in any Heritage Online Service. Heritage CBD Brands shall not be liable even if Heritage CBD Brands or a Heritage CBD Brands authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, trojan horse or other harmful component.
Except as expressly otherwise stated, Heritage CBD Brands does not make any warranty, express or implied, as to accuracy, reliability or availability of any of the Heritage Online Services. Without limiting the generality of the preceding sentence, Heritage CBD Brands specifically disclaims, to the fullest extent allowed by applicable law, all implied warranties of merchantability and fitness for purpose, and all warranties of title and non-infringement of third party rights, with respect to all of its online services and all materials accessible through the Heritage Online Services.
Heritage CBD Brands does not guarantee that the functions contained in any of the Heritage Online Services will be secure, uninterrupted or error-free, that each the Heritage Online Services will be free of viruses or other harmful components, or that defects will be corrected even if Heritage CBD Brands is aware of them.
Except as set forth below, in no event will Heritage CBD Brands and its parent's, affiliates' or subsidiaries total liability to you for damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing the Heritage Online Services or $100, whichever is less. Where permitted by applicable law, you agree to bring any and all actions within one (1) year from the date of the accrual of the cause of action and that actions brought after this date will be barred.
Nothing in these Terms will exclude or limit Heritage CBD Brands liability for any product liability claims, statutory consumer rights, damages associated with death or personal injury or caused by our intentional misconduct, recklessness, misrepresentation, gross negligence, willful misconduct or fraud.
Feedback and Submissions
Heritage CBD Brands is unable to accept unsolicited ideas. By submitting any material to us through any of the Heritage Online Services, you expressly grant to Heritage CBD Brands and its affiliates a royalty-free, non-exclusive, fully transferable, assignable and sublicensable right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute such material, throughout the world and in perpetuity, in all media now known or hereafter devised and for all lawful business purposes of Heritage CBD Brands and its affiliates (including, without limitation, advertising, promotional and marketing purposes). You also acknowledge and agree that if and to the extent the material submitted by you identifies you by name, likeness, voice or otherwise ("your identification"), the foregoing license granted by you will automatically be deemed to cover and extend to our use of your identification in connection with our use of the material submitted by you. In addition, you warrant that all so-called "moral rights" have been waived.
Geographical Scope of the Heritage Online Services
Heritage CBD Brands controls and operates the Heritage Online Services from within the United States. Heritage CBD Brands makes no representation that any materials on or accessible through Heritage Online Services are appropriate or available for use outside the United States. If you access any Heritage Online Services from outside the United States, be advised the Heritage Online Services may contain references to products and services that are not available or are prohibited in your country. All visitors to and users of Heritage Online Services are responsible for compliance with all local laws applicable to them with respect to the content and operation of Heritage Online Services. Heritage Online Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which that would subject Heritage CBD Brands or its affiliates to any registration requirement within such jurisdiction or country.
Your use of Heritage Online Services constitutes electronic communication with Heritage CBD Brands. When you communicate with us via the Heritage Online Services or any other form of electronic media, such as email, you are communicating with us electronically. You agree that we may communicate electronically, and that any such electronic communications, including notices, disclosures, agreements, and other communications are equivalent to written communications, satisfy any legal or contractual requirement that such communications be in writing, and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
These Terms and any disputes arising under or related to these Terms (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the Commonwealth of Massachusetts, without reference to its conflicts of law principles.
Venue and WAIVER OF JURY TRIAL.
Any dispute between us arising under these Terms and Conditions or your misuse of the Heritage Online Services will be subject to the jurisdiction and venue of the state and federal courts located in Springfield, Massachusetts.
In the event any litigation between you and Heritage CBD Brands in any state or federal court, you and Heritage CBD Brands WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Notice to California Residents
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
- The provider of the Heritage Online Services is HH Distribution, LLC, 70 Barnegat Road, New Canaan, CT 06840 .
- You may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210. Their website is located at: http://www.dca.ca.gov.
- Any California residents under the age of eighteen (18) who have registered to use the Heritage Online Services and who have posted content or information on the Heritage Online Services, can request that such information be removed from the Heritage Online Services by contacting us at email@example.com. Requests must state that the user personally posted such content or information and detail where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view.
California Transparency in Supply Chains
We are dedicated to conducting business in compliance with all laws, regulations and ethics of fairness and human decency, both nationally and internationally. We seek to use suppliers who share our commitments, and agree to abide by our supplier code of conduct.
We screen suppliers on many business related criteria as well as their compliance with matters of law. We seek partners that comply with government regulations, including those concerning human ethics. Our suppliers are required to acknowledge, and agree to, our Supplier Code of Conduct.
We conduct periodic on-site, announced and unannounced, visits to our manufacturing and distribution facilities around the globe, during which our employees, third party auditors and other designated associates inspect facilities and observe conditions, workers and practices as well as the suppliers compliance with our supplier Quality management systems, supplier Code of Conduct or contract terms, as applicable.
We maintain accountability standards, including a Code of Conduct for our employees and a supplier Code of Conduct for our suppliers. If we determine that our employees or suppliers are engaged in slavery or human trafficking, our employees will be disciplined, up to and including termination, and our supplier relationships terminated.
All of our employees who are involved in supplier management are trained annually on administering our supplier Code of Conduct. In addition, all employees participate in an annual employee Code of Conduct training.
No delay or failure on the part of Heritage CBD Brands to enforce any part of these Terms will constitute a waiver of any of Heritage CBD Brands rights under these Terms whether for past or future actions on the part of any person. Neither the receipt of any funds by Heritage CBD Brands nor the reliance of any person on Heritage CBD Brands actions will be deemed to constitute a waiver of any part of these terms. Only a specific, written waiver signed by an authorized representative of Heritage CBD Brands will have any legal effect whatsoever. To the extent permitted by applicable law, if any provision of these Terms is determined to be illegal, invalid or unenforceable under present or future law, such provision will be deemed to be deleted without affecting the enforceability of all remaining provisions. These Terms will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms and the rights granted hereunder may be assigned by Heritage CBD Brands but you may not assign them without the prior express written consent of Heritage CBD Brands. The headings and captions contained herein are for convenience only.