Uncle Ruben’s CBD Terms of Service

Please read these Terms of Service carefully. If you do not agree to all the Terms, please leave the website; you may not use any Services provided by Uncle Ruben CBD. Uncle Rubens CBD, Inc. (“Uncle Ruben CBD”, “we”, “us”, or “our”) operates the website. We offer the website, including all information and services available from the website (collectively, the “Services”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated in the Terms and our Privacy Policy, which we incorporate into the Terms by this reference. The Terms, Services, Privacy Policy, and notices comprise our “Agreement.”

IMPORTANT DISCLOSURES

BY PLACING AN ORDER, COMPLETING THE REGISTRATION PROCESS, ACCEPTING ANY OFFER, OR ACCESSING OR USING THE SITE, YOU ARE REPRESENTING THAT: (1) YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS, INCLUDING ANY CHANGES TO THEM, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH UNCLE RUBEN CBD, AND (3) YOU HAVE THE AUTHORITY TO ENTER THE TERMS OF SERVICE. THEREFORE, PLEASE VISIT THESE TERMS FROM TIME TO TIME AND CERTAINLY BEFORE ANY PURCHASE.

1. OVERVIEW

The Terms apply to all users of the website, including, without limitation, browsers, customers, or contributors of content. Through the Site Uncle Ruben CBD, we offer for sale individual products (“Products”). The Terms apply if you purchase individual Products or a Subscription Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms. We may update, change, or replace any part of the Terms by posting updates or changes to the website. We may refuse Services to anyone at any time for any reason.

You may only access our website using the Hypertext Transfer Protocol Secure (HTTPS) protocol (e.g., https://unclerubenscbd.com ). You are responsible for maintaining the security of your network connection, computer, mobile device, and the password and identity you use to access certain features on our website.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site or the Services without our express written permission.

2. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

Occasionally there may be information on our website or in the Services 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 at any time without prior notice (including after you have submitted your order).

We are not responsible if the information made available on the website is not accurate, complete, or current. The material on the website is provided for information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on the website is at your own risk.

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

3. PRODUCTS AND SERVICES IN GENERAL

Certain Products or Services may be available exclusively online through the website.

We have made every effort to display as accurately as possible the colors and images of our products. We assume no responsibility for the accuracy of your computer monitor’s display of any color.

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. All descriptions of Products or Product pricing are subject to change at any time without notice, at our sole discretion. Any offer for any Product or Service made on this website 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.

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.

4. MODIFICATIONS TO PRODUCTS, THE SERVICES, AND TO PRICES

Our Services, Products, and prices are subject to change without notice. We reserve the right at any time to modify or discontinue any Product and any 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 any Product or any Service.

We reserve the right to refuse or restrict orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we may try to notify you by contacting the e-mail, billing address, or 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.

5. SERVICE AVAILABILITY AND YOUR STATUS.

The Site and the Services are intended for use by individuals in the United States of America. At this time, we do not accept orders from individuals outside the United States of America. As such, by placing an order through the Site, you represent and warrant that you: (1) are legally capable of entering into this Agreement; (2) are at least 18 years old; (3) are a resident of the United States of America; and (4) are accessing the Site from within the United States of America.

6. REGISTRATION OF YOUR ACCOUNT.

Registering Your Account. To utilize specific features on the Site you will need to become a Registered User. For purposes of the Agreement, a “Registered User” is a user who has registered an account on the Site (an “Account”).

Your Registration Data. Should you create an Account with Uncle Ruben CBD, you agree to: (1) provide true, accurate, complete, and up-to-date information (meaning, you agree to update your information, as necessary); (2) maintain the security of your password and accept the risks associated with unauthorized access to your Account; (3) notify us as soon as possible either at info@unclerubenscbd.com if you believe there have been any breaches to the security of the Site or your Account information; and (4) exit from and close out of your Account at the end of each session.

Your Warranties and Representations to Us. You represent that you are not a person barred from using the Site under the laws of the United States, your place of residence, or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to prohibit use by minors, and you will accept full responsibility for any unauthorized use of the Site by minors. You may not share your Account or password with anyone. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if Uncle Ruben CBD has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current, or incomplete, Uncle Ruben CBD has the right to suspend or terminate your Account and refuse any and all current or future use of the Site or the Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account at any given time. Uncle Ruben CBD reserves the right to remove or reclaim any usernames at any time and for any reason. You agree not to create an Account or use the Site if you have been previously removed by Uncle Ruben CBD, or if you have been previously banned from the Site. You acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Uncle Ruben CBD.

YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICES BY ANYONE USING YOUR ACCOUNT WHETHER OR NOT SUCH ACCESS TO AND USE OF YOUR ACCOUNT IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

8. BILLING, PAYMENT, AND PRICING.

Payment. You agree to pay for all orders from your Account in accordance with the terms and conditions in effect at the time an order is placed from your Account, including any applicable taxes. Before you can place an order, you must provide valid payment information through the Site. When you place an order, you agree and authorize Uncle Ruben CBD to immediately charge the payment method(s) you provide for all fees and taxes applicable to your order and to share payment information and instructions required to complete the payment transactions between Uncle Ruben CBD, payment processors, and third-party payment service providers. Uncle Ruben CBD may automatically charge alternative payment methods associated with your Account if a primary payment method is declined or no longer available. No additional notice or consent is required for the foregoing authorizations. You agree to immediately update your Account in the event of any change in your payment information. Uncle Ruben CBD reserves the right at any time to change its billing methods.

Payment Information; Payment Service. Uncle Ruben CBD uses a third-party payment processing service to process your payments. When you pay for Products through our Site, you transmit your credit card information to the third-party processor, not Uncle Ruben CBD. Your information is subject to the conditions of the third-party payment service provider’s terms of service and privacy policies. Uncle Ruben CBD may change the third-party payment processor that Uncle Ruben CBD uses from time to time; you agree that Uncle Ruben CBD will not be responsible for any failures of the third party to adequately protect your information. You are responsible for any fees or charges your issuing bank or credit card provider may charge you. If your payment is returned for any reason, we may bill your Account again directly and seek payment by another method, including a mailed statement.Emails and Offers. You may receive emails regarding your account or promotions for special offers, including third party offers.

9. RETURNS AND EXCHANGES.

Returns are not accepted for Products.

10. PROPRIETARY RIGHTS.

Ownership. Uncle Ruben CBD is the owner and operator of the Site and the owner of, or duly licensed to utilize, all content, features, and functionality published on the Site.

Trademarks. “Uncle Rubens CBD” and all other Uncle Ruben CBD marks and logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of Uncle Ruben CBD or are otherwise proprietary to Uncle Ruben CBD (collectively, the “Marks”). You shall not use the Marks for any reason other than as expressly permitted by the Terms. All other trademarks, service marks, product names, and company names, logos, designs, or slogans appearing by and through Uncle Ruben CBD are the property of their respective owners, and you do not acquire any ownership rights in or to such marks, logos, or names by using or accessing the Site or the products. Do not remove, alter, or obscure any copyright notice, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Products.

Other Content. Consistently with the Terms and except with respect to your rights in your User Content, you agree that you have no right, title, or interest in or to any content that appears on the Site or the Products.

Procedure for Making Claims of Copyright Infringement. Uncle Ruben CBD reserves the right to terminate any user’s access to the Products where that user infringes upon third-party copyrights. If you believe content posted on the Site infringes your copyright, please provide our copyright agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Services of the material that you claim is infringing; (4) your address, telephone number, and e-mail address; (5) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

11. PROHIBITED USES.

You may use Uncle Ruben CBD Products only for lawful purposes and in accordance with these Terms. You agree not to use the Products:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

• To impersonate or attempt to impersonate Uncle Ruben CBD, an employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Uncle Ruben CBD or users of the Site or expose them to liability.

Additionally, you agree not to:

• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site.

• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.

• Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.

• Use any device, software, or routine that interferes with the proper working of the Site.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.

• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise attempt to interfere with the proper working of the Site.

12. NON-USER, THIRD-PARTY CONTENT.

We may display content, advertisements, and promotions from third parties through the Site, in mailings or emails containing information regarding other companies, or within the Services (“Third-Party Content”). The Third-Party Content is not endorsed, adopted by, or controlled by Uncle Ruben CBD, and we make no representations or warranties of any kind regarding such Third-Party Content, including its accuracy or completeness. You acknowledge and agree that (i) your interactions with third parties providing Third-Party Content through or on the Services (including, but not limited to, the Site, social media, other content, or Products) are solely between you and such third parties; and (ii) that it is impossible for Uncle Ruben CBD to monitor such materials and that you access these materials at your own risk.

13. USER DATA AND BEHAVIOR.

This section describes the relationship between us and you regarding your data, information, knowledge, content, and behavior (i.e., your Data). Data includes, without limitation, comments, photographs, images, graphics, video, music, and art. By sharing, submitting, posting, transmitting, or uploading Data to the Site, to Uncle Rubens CBD’s social media channels, including, without limitation, Twitter (including # and @ comments incorporating Uncle Rubens CBD), Facebook, and Instagram, or to pages dedicated to Uncle Rubens CBD in discussion forums (e.g., Reddit), you grant Uncle Rubens CBD a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to distribute, use, reproduce, prepare derivative works from, display, perform, transmit, process, and store your Data in any legal manner for the benefit of Uncle Rubens CBD. You acknowledge and agree that you assume sole responsibility for everything that you do and make available through such means. You represent and warrant that: (1) you have all rights, licenses, consents, and releases necessary to grant Uncle Rubens CBD the required rights of reproduction, distribution, performance, display, transmission, processing, storage, and other related rights, and (2) neither your Data nor your posting, uploading, publication, submission, or transmission of Data or Uncle Rubens CBD’s use of your Data (or any portion thereof) on, through, or by means of Uncle Rubens CBD will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

By submitting Data to Uncle Rubens CBD, you acknowledge and agree that: (a) any Data may become publicly viewable on the Site or elsewhere; (b) Uncle Rubens CBD has the right to publish your username in connection with your Data, wherever applicable and subject to Uncle Rubens CBD’s Privacy Policy; and (c) you will only submit Data that you own or have permission to submit, in which case you will provide to Uncle Rubens CBD, upon our request, satisfactory proof.

Uncle Rubens CBD shall have no obligation to pay you for Data and, with respect to Uncle Rubens CBD’s use or nonuse of Data, Uncle Rubens CBD is under no obligation to post or use any Data you may provide. Uncle Rubens CBD may, in its sole discretion, remove your Data at any time, with or without notice to you, prior or otherwise. You may request the removal of your Data for any reason on reasonable written notice to Uncle Rubens CBD and, on receipt, Uncle Rubens CBD will take commercially reasonable steps to comply with your request.

Uncle Rubens CBD does not and cannot review all Data submissions and is not responsible for the content or substance thereof. However, Uncle Rubens CBD reserves the right to delete, move, or edit user Data that it, in its sole discretion, deems to be abusive, defamatory, obscene, in violation of copyright or trademark laws, or in violation of any person’s rights of privacy or publicity, or otherwise unacceptable, provided that Uncle Rubens CBD shall not be deemed the publisher of any user Data by virtue of its right to control that Data. Any views and opinions expressed in user-submitted Data reflect the author’s points of view and are not necessarily those of Uncle Rubens CBD or its licensing partners and affiliated entities.

14. INDEMNIFICATION.

You agree to indemnify, defend, and hold harmless Uncle Rubens CBD, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms, or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.

15. DISCLAIMERS.

YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE USE AND CONSUMPTION OF THE PRODUCTS. AS SUCH, ALL CONTENTS OF THE RESPECTIVE PRODUCTS ARE PROVIDED “AS-IS” AND “AS AVAILABLE,” AND, TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, ALL EXPRESS AND IMPLIED WARRANTIES ARE DISCLAIMED. THIS SPECIFICALLY INCLUDES, BUT IS NOT LIMITED TO, THE WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND WARRANTIES FOR THE NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

SPECIFICATIONS RELATED TO WARRANTIES. WE ATTEMPT TO DISPLAY THE PRODUCTS YOU WILL RECEIVE IN YOUR PRODUCT BOXES AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITE, INCLUDING PRICING, AS ACCURATELY AND RELIABLY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND SUBJECT TO THIS AGREEMENT, TO CORRECT SUCH ERRORS AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A CREDIT REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITE DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESSES OR SUPPLY ISSUES, AND THE AVAILABILITY AND VARIABILITY OF PRODUCTS. THE SITE MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.

16. LIMITATION OF LIABILITY.

Neither Uncle Rubens CBD nor its celebrity spokespersons shall be liable for any indirect, punitive, incidental, special, exemplary, or consequential damages or attorney’s fees or costs that result from the use of, or the inability to use, the Site or materials on or provided through the Site, even if Uncle Ruben CBD has been advised of the possibility of such damages, and even if a remedy set forth in these Terms is found to have failed its essential purpose. In no event will Uncle Ruben CBD’s liability to you exceed 12 months of the fees actually paid by you for your Uncle Ruben CBD Account, Subscription Service, or other purchases made on the Site. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

While Uncle Rubens CBD takes precautions against security breaches, no website or internet transmission is completely secure, and as such, Uncle Ruben CBD shall not be liable for any damages whatsoever that may result from unauthorized access, hacking, Data loss, or other breaches that may occur on the Site.

In the event a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from our suppliers, Uncle Ruben CBD shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price. Uncle Ruben CBD shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Uncle Ruben CBD will issue a credit to your credit card account in the amount of the charge.

These Terms are applicable to you upon your accessing the Site. These Terms, or any part of them, may be modified or terminated by Uncle Ruben CBD without notice at any time, for any reason. Uncle Rubens CBD reserves the right to limit discount codes to one per customer in its sole discretion. The provisions relating to copyrights, trademark, disclaimer, limitation of liability, and indemnification shall in all events survive any termination of these Terms and your use of the Site.

17. MODIFICATIONS TO THE SITE AND PRODUCTS.

We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Site (or any features or parts thereof) or the rates, delivery, or provision of the Products at any time.

18. DISPUTE RESOLUTION AND BINDING ARBITRATION.

Covered Matters. You and Uncle Rubens CBD agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the Site, Account, Subscription Services, or Products, any breach, enforcement, or termination of these Terms, or otherwise relating to Uncle Rubens CBD in any way (collectively, “Covered Matters”) will be resolved in accordance with the provisions set forth in this Section 18.

Informal Resolution. If you have any dispute with us, you agree that before taking any formal action, you will contact us here, provide a brief, written description of the dispute and your contact information, and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue.

Applicable Law. United States federal law, and (to the extent not inconsistent with or pre-empted by federal law) the laws of the state of Arkansas, without regard to conflict of laws principles, will govern all Covered Matters.

Arbitration. These Terms and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any claims arising out of, relating to, or connected with these Terms must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (including, without limitation, utilizing desk, phone, or video conference proceedings where appropriate and permitted to mitigate costs of travel). The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms is void or voidable or a particular claim is subject to arbitration. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Award. For matters where monetary relief is sought, only an amount equal to up to 12 months of the fees actually paid by you and actually received by us is awardable.

Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is $5,000 or less, at your request, Uncle Rubens CBD will reimburse you for all filing, administration, and arbitrator fees associated with the arbitration following the earlier of the arbitrator’s decision or settlement. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, Uncle Rubens CBD is relieved of its obligation to reimburse you for any fees associated with the arbitration.

Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any amendment to this agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Uncle Rubens CBD prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between you and Uncle Rubens CBD. If you do not agree to these amended terms, you may close your account within thirty (30) days of the posting or notification and you will not be bound by the amended terms.

Judicial Forum for Legal Disputes. Unless you and we agree otherwise (and except as described herein), in the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator, or a court order, you agree that any claim or dispute that has arisen or may arise between you and Uncle Rubens CBD must be resolved exclusively by a court located in Pulaski County, Arkansas. You and Uncle Rubens CBD agree to submit to the exclusive personal jurisdiction of the courts located within Pulaski County, Arkansas for the purpose of litigating all such claims or disputes.

Opt-Out. IF YOU ARE A NEW UNCLE RUBENS CBD USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE HERE info@unclerubenscbd.com OR VIA US MAIL TO: Uncle Rubens CBD, 4560 Hallmark Park Way #9733, San Bernardino, California 92427 USA. THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME. IF YOU ARE NOT A NEW UNCLE RUBENS CBD USER, YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF THE NEW TERMS TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.

Opt-Out Procedure. To opt out, you must email your name, address (including street address, city, state, and zip code), and email address(es) associated with your Account(s) to which the opt-out applies and an unaltered digital image of a valid driver’s license which matches the name on your account to info@unclerubenscbd.com. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms and its Disputes section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

WAIVER. BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.

STATUTE OF LIMITATIONS. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE, SERVICES, OR THE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.

Disputes with other Users. If you have a dispute with one or more users, you release Uncle Rubens CBD from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, including without limitation attorney’s fees, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Continuation. This Arbitration Agreement shall survive the termination of your contract with Uncle Rubens CBD and your use of Uncle Rubens CBD services.

19. TERM, TERMINATION, SURVIVAL.

Term. The Agreement commences on the date when you accept the Terms and remains in full force and effect while you use the Site or use a Subscription Service, unless terminated earlier in accordance with the Agreement.

Termination. Notwithstanding anything contained in this Agreement, we reserve the right, without notice and in our sole discretion, to terminate or suspend your right to access or use the Site and to order, receive, and use the Subscription Service or the Products, at any time and for any or no reason, including, without limitation, any violation of this Agreement. You can cancel your Service in accordance with the terms set forth in Section 0 hereunder. Except as set forth above, the Service subscription fee shall be non-refundable. If timely payment cannot be charged to your payment provider for any reason, if you have materially breached any provision of the Agreement, or if Uncle Ruben CBD is required to do so by law (e.g., where the provision of the Site or the Services is, or becomes, unlawful), Uncle Ruben CBD has the right to, immediately and without notice, suspend or terminate any services provided to you. You agree that all terminations for cause shall be made in Uncle Ruben CBD’s sole discretion and that Uncle Ruben CBD shall not be liable to you or any third party for any termination of your Account.

Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Service may also include deletion of your password and all related information, files, Data, and content associated with or inside your Account or any part of it. Upon termination of any Subscription Service, your right to use it will terminate immediately. Uncle Ruben CBD will not have any liability whatsoever to you for any suspension or termination. All provisions of the Agreement which by their nature should survive, shall survive termination of your Account, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

No Subsequent Registration. If your Account is terminated by Uncle Ruben CBD due to your violation of any portion of the Agreement, then you agree that you shall not attempt to re-register with or access the Site through use of a different name or otherwise, and you acknowledge that you will not be entitled to receive a refund for related fees. In the event that you violate the immediately preceding sentence, Uncle Ruben CBD reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

21. MISCELLANEOUS.

Captions and Headings. All captions, indices, titles, subject headings, section titles and similar items contained in these Terms are provided for the purpose of reference and convenience only and are not intended to be inclusive, definitive or to affect the meaning or content of these Terms.

Discount Codes. Except as may be explicitly permitted through the Site, you agree not to sell, license, rent, lease, modify, distribute, copy, reproduce, publicly display, publish, transfer, edit, catalogue, aggregate, or create derivative works from discount codes received on or from the Site.

Links to Third-Parties. In an attempt to provide increased value to our visitors, Uncle Rubens CBD may link to sites operated by third parties. However, Uncle Rubens CBD has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Uncle Rubens CBD. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Uncle Rubens CBD seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).

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, such determination shall not affect the validity and enforceability of any other remaining provisions.

22. 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 website or in respect to the Service constitutes the entire agreement and understanding between you and us and governs 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.

23. COMPLAINTS.

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

24. ELECTRONIC COMMUNICATIONS.

For contractual purposes, you (1) consent to receive communications from Uncle Ruben CBD in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications related to these Agreement that Uncle Ruben CBD provides to you electronically satisfy any legal requirement that such communications would satisfy if they were made in writing in a physical document.

25. EXPORT CONTROL.

You may not use, export, import, or transfer the offerings except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Services, and any other applicable laws. In particular, but without limitation, the offerings may not be exported or re-exported (1) into any United States embargoed countries, or (2) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

26. INTERNATIONAL USE.

We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. All pricing is in United State dollars. No subscriptions will be allowed outside the United States.

27. PRIVACY.

Privacy and Data Usage. Data provided through registration and other information about you are subject to our Privacy Policy. You understand that the operation of the Site may involve (a) Data transmissions over public and private networks and (b) technical changes to conform and adapt to requirements of connecting networks or devices. We use cookies and other identifiers and similar technology. We may share Data we collect with you, operating systems and platforms, internet service providers, data analytics providers, government entities, advertising networks, social networks, and data brokers. We also use Google Analytics: you can learn more about how Google collects and processes data by clicking the following link to the site “How Google uses data when you use our partners’ sites,” (located at www.google.com/policies/privacy/partners). By using this site, you consent to the storing and accessing of cookies and other information on your device.

28. NOTICE.

Uncle Rubens CBD may deliver notice to you by means of e-mail, a general notice on the Site, or by other reliable method.

29. CONTACT INFORMATION

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