Effective Date:  May 18, 2020

Please take a moment to carefully read through these Terms of Use.

At Utopia CBD, we expect that our customer service team, which can be contacted at help@utopiacbd.com will be able to resolve any issues you may have. In the unlikely event that an issue between us remains unresolved, please note that THESE TERMS SET FORTH SPECIFIC REMEDIES AVAILABLE TO YOU.

PLEASE ALSO NOTE THAT THESE TERMS INCLUDE EXPRESS PROVISIONS REGARDING CONSENT, ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNIFICATION WHICH YOU AGREE TO WHEN ACCEPTING THESE TERMS OF SERVICE.

1. DESCRIPTION OF SERVICE AND ACCEPTANCE OF TERMS

Utopia CBD provides an online market service which gives users a variety of information on several topics as well as the opportunity to select products offered for sale by Utopia CBD (collectively, the “Content”). Any video service, the Content, and any other products, features, tools, materials, or other services (including third party branded services) offered from time to time by Utopia CBD through a variety of Access Points (defined below) are referred to collectively as the “Goods and Services.” The term “Access Points” refers to, collectively, the Utopia CBD website, and other places where any Services are available, including websites and applications of Utopia CBD third party distribution partners and other websites where users or website operators are permitted to embed or have otherwise link to Utopia CBD access points.

Use of the Good and Services (including access to the Content) is subject to compliance with these Terms which incorporate by reference our Privacy Policy available at utopiacbd.com/privacy (“Privacy Policy”) and any end user license agreement that might accompany the applicable Service. Therefore, by accessing or using any of the Services through any Access Point (including by visiting the Utopia CBD Site), you accept and agree to these Terms.

Please note that the website addresses (i.e., URLs) included within these Terms may not function as hyperlinks on all the Access Points. To view these Terms with clickable hyperlinks, please visit the Utopia CBD Site.

2. CHANGES TO THESE TERMS

We may need to make changes to these Terms from time to time for many reasons. For example, we may need to reflect updates in how the Services work or changes in the law. You should look at these Terms regularly, which are posted on the Utopia CBD Site. If we make a material change to these Terms, we will notify you by posting a notice on the Utopia CBD Site.  Any material change to these Terms will be effective automatically 5 days after the revised Terms are first posted or, for users who register or otherwise provide opt-in consent during this 5-day period, at the time of registration or consent, as applicable.

3. ACCESS AND USE OF THE SERVICES

3.1 Age Restrictions. The Services are not intended to be used by anyone under the age of 18.

3.2 The Content.

1. Usage Rules and Limitations. You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, record, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, or transmit or retransmit the Content unless expressly permitted by the terms of your subscription or otherwise by Utopia CBD in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Utopia CBD in writing. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless expressly permitted by Utopia CBD in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.

 

2. Content Subjectivity. Content tends to elicit varying reactions among different people. You may come across Content that you find offensive, indecent, explicit or objectionable. Also, Content types, genres, categories, and descriptions are provided as suggestions to help with navigation, and Utopia CBD does not guarantee that you will agree with them. You acknowledge these risks.

 

3. Content Quality. Utopia CBD uses various technologies to provide you with an optimal viewing experience. That said, quality of Content, including resolution, may be affected by the format of the Content, your location, the speed and bandwidth of your internet service, and the devices used, among other factors. HD and 4K Ultra HD availability for certain Content depends on your internet service and device capabilities. The time it takes you to begin playing Content will vary based on a number of factors, including your location, internet bandwidth, the number of devices simultaneously connecting to the same network, the Content you have selected, and the configuration of the device you are using. As a result, Utopia CBD is unable to make any warranties about the Content in these respects.

 

3.3 Ownership. You agree that Utopia CBD owns and retains all rights to the Services. You further agree that the Content you access and view as part of the Services is owned or controlled by Utopia CBD and Utopia CBD ‘s content programmers. The Services and the Content are protected by copyright, trademark, and other intellectual property laws.

3.4 Your Responsibilities. In order for us to keep the Services safe and available for everyone to use, we all have to follow the same rules of the road. You and other users must use the Services for lawful, non-commercial, and appropriate purposes only. Your commitment to this principle is critical. You agree to observe the Services, Content and embedding restrictions detailed above, and further agree that you will not use the Services in a way that:

–      violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;

–      uses technology or other means to access, index, frame or link to the Services (including the Content) that is not authorized by Utopia CBD (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Services);

–      involves accessing the Services (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices –   but not caches or archives –      of the Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);

–      introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

–      damages, disables, overburdens, impairs, or gains unauthorized access to the Services, including Utopia CBD’s servers, computer network, or user accounts;

–      removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Services (including the Content);

–      uses the Services to advertise or promote services that are not expressly approved in advance in writing by Utopia CBD;

–      collects information in violation of Utopia CBD ‘s Privacy Policy;

–      encourages conduct that would constitute a criminal offense or give rise to civil liability;

–      violates these Terms or any guidelines or policies posted by Utopia CBD;

–      interferes with any other party’s use and enjoyment of the Services; or

–      attempts to do any of the foregoing.

If Utopia CBD determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.

3.5 No Spam/Unsolicited Communications. We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, you may not use the Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may employ technical measures to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post (as defined below in Section 7) or otherwise send spam, advertising, or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to Utopia CBD and that the amount of such harm would be extremely difficult to measure.

3.6 Modification/Suspension/Discontinuation. We regularly make changes to the Services. The availability of the Content, as well as Access Points and Compatible Devices through which the Services are available, will change from time to time. Utopia CBD reserves the right to replace or remove any Content and Access Points available to you through the Services and to otherwise make changes in how we operate the Services. Utopia CBD may do so in Utopia CBD ‘s sole discretion at any time without notice. You also agree that Utopia CBD will not be liable to you for any modification, suspension, or discontinuance of the Services.

3.7 Customer Service. If we can be of help to you, please do not hesitate to contact our customer service department. It would be our pleasure to serve you. We aim to deliver first-class customer service, but in the unlikely event that a customer service representative provides information that is inconsistent with these Terms, please be aware that these Terms will control.

4. Billing

4.1 Billing. By providing a credit card or other payment method accepted by Utopia CBD (“Payment Method”), you are expressly agreeing that we are authorized to charge you a fee in connection with your purchase, and that if you agree to use that credit card as your recurring Payment Method that this card may be used to pay for products purchased from Utopia CBD. If you want to use a different Payment Method at any time, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging in on the Utopia CBD Site and viewing your account details.

5. ACCOUNTS AND REGISTRATION

If you establish and account with Utopia CBD you are responsible for all use of your account, including use of your account by other members of your household. By allowing others to access your account, you agree to be responsible for ensuring that they comply with these Terms and you agree to be responsible for their activities.

6. COLLECTION AND USE OF PERSONAL INFORMATION

For information about Utopia CBD ‘s policies and practices regarding the collection and use of your information, please read Utopia CBD ‘s Privacy Policy available at Utopiacbd.com/privacy. The Privacy Policy is incorporated by reference and made part of these Terms. Thus, by agreeing to these Terms, you agree that your presence on the Utopia CBD Site and use of the Services through any other Access Point are governed by the Utopia CBD Privacy Policy in effect at the time of your use.

7. USER REVIEWS, COMMENTS, AND OTHER MATERIAL

7.1 Your Posts. As part of the Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, “Post”) reviews, comments, or other materials (collectively, “User Material”). In order to keep the Services enjoyable for all of our users, you must adhere to the rules below.

Please choose carefully the User Material that you Post. Please limit yourself to User Material directly relevant to the Services. Moreover, you must not Post User Material that: (i) contains Unsuitable Material (as defined above in Section 3); or (ii) improperly claims the identity of another person. Please note that if you Post User Material on Utopia CBD using a third party service, such as a social network or email provider, your first and last name or other user ID may appear to the public each time you Post. We advise that you do not, and you should also be careful if you decide to, post additional personal information, such as your email address, telephone number, or street address.

You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant Utopia CBD the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. Utopia CBD will remove all User Material if we are properly notified that such User Material infringes on another person’s rights. You acknowledge that Utopia CBD does not guarantee any confidentiality with respect to any User Material.

By Posting User Material, you are not forfeiting any ownership rights in such material to Utopia CBD. After Posting your User Material, you continue to retain all of the same ownership rights you had prior to Posting. By Posting your User Material, you grant Utopia CBD a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the Services and on other platforms and services worldwide, including on or through any Access Point, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license you grant to Utopia CBD is non-exclusive (meaning you are not prohibited by us from licensing your User Material to anyone else in addition to Utopia CBD), fully-paid, royalty-free (meaning that Utopia CBD is not required to pay you for the use of your User Material), and sublicensable (so that Utopia CBD is able to use its affiliates, subcontractors, and other partners, such as internet content delivery networks, to provide the Services). By Posting your User Material, you also hereby grant each user of the Services a non-exclusive, limited license to access your User Material, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the Services and under these Terms.

7.2 Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. Utopia CBD does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of Utopia CBD. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason, as permitted by law. In no event does Utopia CBD assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against Utopia CBD with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you.

8. LINKED DESTINATIONS AND ADVERTISING

8.1 Third Party Destinations. If we provide links or pointers to other websites or destinations, you should not infer or assume that Utopia CBD operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link within the Services, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. In some cases, it may be less obvious than others that you have left the Services and reached another website or destination. Please be careful to read the terms of use and privacy policy of any other website or destination before you provide any information or engage in any transactions. These Terms do not govern your use of another website or destination.

Utopia CBD is not responsible for the content or practices of any website or destination other than the Utopia CBD Site, even if it links to the Utopia CBD Site and even if the website or destination is operated by a company affiliated or otherwise connected with Utopia CBD. By using the Services, you acknowledge and agree that Utopia CBD is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the Utopia CBD Site.

8.2 Third Party Advertisements and Services. Utopia CBD takes no responsibility for and does not endorse any third party advertisements or any third party material Posted on any Access Point where the Services are available, nor do we take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers while using the Services, including through engaging with interactive advertisements, are between you and the advertiser, and you agree that Utopia CBD is not liable for any loss or claim that you may have against an advertiser. If you provide any confidential or personal information or engage in any transaction through an advertisement, Utopia CBD is not responsible for such information or transaction and we encourage you to read the terms of use and privacy policy of the advertiser or other party collecting such information or engaging in such transaction.

9. TRADEMARKS

Utopia CBD, the Utopia CBD logo, and other Utopia CBD marks, graphics, logos, scripts, and sounds are trademarks of Utopia CBD. None of the Utopia CBD trademarks may be copied, downloaded, or otherwise exploited.

10. DISCLAIMER OF WARRANTIES

ALL Utopia CBD GOODS and SERVICES, INCLUDING THE Utopia CBD SITE, THE CONTENT, THE FEATURES, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH ANY ACCESS POINT, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Utopia CBD DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT with respect to any product or statement; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.

12. ASSUMPTION OF RISK

MY USE OF UTOPIA CBD PRODUCTS IS COMPLETELY VOLUNTARY. I UNDERSTAND THAT CBD HAS NOT BEEN EVALUATED BY THE FDA, AND THAT WHILE THERE ARE NUMEROUS REPORTS OF THE MANY BENEFITS OF CBD THAT THESE REPORTS HAVE NOT BEEN EVALUATED BY THE FDA.  I ASSUME FULL AND SOLE RESPONSIBILITY FOR MY HEALTH AND SAFETY AND FOR ALL RISKS ASSOCIATED WITH WHAT I PLACE IN OR ON MY BODY.  THE STATEMENTS MADE IN THE UTOPIA CBD SITE HAVE NOT BEEN EVALUATED BY THE FDA.  THE PRODUICTS ON THIS SITE ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE.  CBD SHOULD NOT BE USED AS A SUBSTITUTE FOR MEDICALLY PRESCRIBED THERAPY UNLESS SUGGESTED BY A PHYSICIAN.  IF YOU SUFFER FROM A CLINICAL DEFICIENCY, CONSULT A LICENSED, QUALIFIED MEDICAL DOCTOR.  IT IS ALWAYS WISE TO CHECK WITH A MEDICAL DOCTOR BEFORE TAKING CBD AND IT IS ESPECIALLY  IMPORTANT FOR PEOPLE WHO ARE BREAST FEEDING, CHRONICALLY ILL, ELDERLY, UNDER 18, OR TAKING PRESCRIPTION OR OVER THE COUNTER MEDICINES. 

It is important that you understand why no claims can be made about the products you order from Utopia CBD and we cannot suggest the use of any product that will effect a cure or affect a symptom/ailment. None of the products or information available to the public are intended to be a treatment protocol for any disease state, but rather are offered to provide information and choices regarding support for various health concerns. None of the information is intended to be an enticement to purchase and may not be construed as medical advice or instruction.

No action should be taken solely on the content of any statements; regardless of the perceived scientific merit; instead readers should consult health care professionals on any matter related to their health. The information obtained from referenced materials are believed to be accurate, as presented by their respective authors, but Utopia CBD assumes no liability for any personal interpretation.

For any suspected or known illness or health concern, always consult with your physician or health care provider prior to the purchase or use of any nutritional product. Utopia CBD has attempted to present information from the literature, books and other references as well as information about our products as accurately as possible, but you should be aware that the Food and Drug Administration has not approved or evaluated all of the information contained in the literature or on this site. Any literature reference or direct link to a specific product is for your information or convenience and may not be construed as an enticement to purchase and further is not intended or implied to be used in the mitigation, diagnoses, treatment, cure, or prevention of any disease.

13. WAIVER AND RELEASE OF LIABILITY

UNDER THESE TERMS OF SERVICE,YOU AGREE THAT Utopia CBD and ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT PROGRAMMERS) (COLLECTIVELY, “THE ” Utopia CBD PARTIES”), SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE GOODS AND SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH ANY ACCESS POINT), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF SUCH DAMAGES ARISE IN WHOLE OR PART OUT OF THE ACTS, OMISSIONS, OR NEGLIGENCE OF THE Utopia CBD PARTIES.

14. INDEMNITY

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU, ON BEHALF OF YOURSELF AND YOUR HEIRS, DEPENDENTS, AND REPRESENTATIVES, AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE Utopia CBD PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, DEMANDS, ACTIONS, CAUSES OR RIGHTS OF ACTION, AND COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES AND COURT COSTS, (COLLECTIVELY, “CLAIMS”) – WHETHER KNOWN, UNKNOWN, ANTICIPATED OR UNANTICIPATED – DIRECTLY OR INDIRECTLY ARISING OUT OF, RELATING TO OR RESULTING IN WHOLE OR IN PART FROM YOUR USE OF Utopia CBD PRODUCTS AND CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS OF BODILY INJURY, MEDICAL EXPENSES, LOSS OF EARNINGS, AND MENTAL ANGUISH, REGARDLESS OF WHETHER SUCH CLAIMS ARISE IN WHOLE OR IN PART FROM THE ACTS, OMISSIONS OR NEGLIGENCE OF THE ” Utopia CBD PARTIES.

Utopia CBD ALSO RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

15. ARBITRATION OF CLAIMS

PLEASE READ THIS CAREFULLY. WE WANT YOU TO KNOW HOW IT AFFECTS YOUR RIGHTS.

If you have an issue with Utopia CBD, we encourage you to review our frequently asked questions or contact our customer service team. In the event there is an issue that still requires attention, we want to make the resolution process as quick and efficient as possible.  We also want to specify now what each of us should expect in order to avoid any confusion later. To that end, you and Utopia CBD agree to first discuss any issue informally for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution to info@utopiacbd.com. If we would like to discuss an issue with you, we will contact you using the email address you provide.

If we do not reach an agreed upon solution after our discussions for at least 30 days, you and Utopia CBD agree that any and all claims that either of us may have arising out of or relating to: (i) these Terms (including formation, performance, or breach of them, and including the scope and enforceability of this arbitration provision); (ii) the Privacy Policy, which is incorporated in these Terms; (iii) any aspect of our relationship with each other including but not limited to the purchase and use of any Utopia CBD product; and (iv) use of the Services, must be resolved through binding arbitration in Harris County, Texas before the American Arbitration Association (“AAA”) using its Consumer Arbitration Rules, available at www.adr.org or by calling the AAA at 1-800-778-7879.  As an exception to this arbitration agreement, Utopia CBD gives you the right to pursue in small claims court any claim that is within that court’s jurisdiction as long as you proceed only on an individual basis.  This arbitration provision operates as a waiver of your right to a jury trial, and requires than any dispute be resolved in Houston, Texas.

You and Utopia CBD agree to arbitrate in each of our individual capacities only, not as a representative or member of a class, and each of us expressly waives any right to file a class action or seek relief on a class basis.

It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment by a court of competent jurisdiction in Harris County, Texas, where you agree that any dispute with Utopia CBD will be resolved.

Please consult an attorney should you have any questions about any term or condition of Utopia CBD’s good or services.

Specifying what happens if an issue arises with one of our users is never a fun topic. But we pride ourselves on transparency and we thank you in advance for understanding why it’s important that you and Utopia CBD agree on the process described in this Section.

14. LIMITATION ON TIME TO BRING A CLAIM

To help resolve any issues between us promptly, you and Utopia CBD agree to bring any claim arising out of or relating to these Terms (including Utopia CBD’s Privacy Policy), our relationship, or the use of the Services within one year after a claim arises; otherwise, the claim is waived. This limitation applies regardless of the venue in which such claim is or could otherwise be asserted.

From time to time, we may communicate with you about the Services and these Terms electronically. You consent to receive electronic communications from Utopia CBD and further agree that any notices, agreements, disclosures, and other communications that we send to you electronically will satisfy any applicable legal notification requirements. We recommend that you keep a copy of any electronic communications we send to you for your records.

THANK YOU FOR TAKING THE TIME TO READ THESE TERMS. BY LOGGING IN TO THE UTOPIA CBD SITE AND USING THE UTOPIA CBD SERVICES, YOU WARRANT THAT YOU UNDERSTAND AND AGREE TO ALL TERMS AND CONDITIONS OF SERVICE.