Blaqstar Farms LLC Terms of Service
Terms of Service
Blaqstar Farms, LLC
PLEASE READ THESE TERMS OF SERVICE (“TERMS”) CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
THESE TERMS REQUIRE THE USE OF MEDIATION AND/OR ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH Blaqstar Farms, LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These Terms form a binding contract between Blaqstar Farms, LLC and its affiliates (collectively, “Blaqstar Farms,” “we”, “us” or “our”), and You and any corporate entity that You represent (collectively, “You” or “Your”). BlaqstarFarms offers to You, the user, the website available at www.BlaqstarFarms.com or any successor URL, including all information, tools and services available from the website (the “Services”), conditioned upon your acceptance of these Terms, including any additional policies and notices referenced herein and/or available by hyperlink. By visiting or accessing the Services and/or purchasing a product or service from BlaqstarFarms, You agree to be bound by these Terms. If You do not agree to all of the Terms, then You may not access the Services. If the Terms are considered an offer, acceptance is expressly limited to the Terms.
You may review the current version of these Terms at any time on the Services. We reserve the right to update, change or replace any part of the Terms at any time, in our sole discretion, by posting updates and/or changes to the Services. It is Your responsibility to check the Services periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms, You represent that You are at least 18 years of age and, as applicable, You have given us Your consent to allow any of Your minor dependents to use this site. You may not use the Services or any products or services offered therein, for any illegal or unauthorized purpose nor may You, in the use thereof, violate any applicable laws or regulations. A breach or violation of any of these Terms may result in an immediate suspension or termination of the Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone, for any reason, at any time.
You understand that Your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to use, access, reproduce, duplicate, copy, sell, resell or exploit any portion of the Services without BlaqstarFarms’s express written permission.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on the Services is not accurate, complete or current. The material on the Services is provided for general 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 materials on the Services is at Your own risk.
The Services may contain certain historical information. Historical information, necessarily, is not current and is provided for Your reference only. We reserve the right to modify the contents of the Services at any time, but we have no obligation to update any information. You agree that it is Your responsibility to monitor changes to the Services.
SECTION 4 - PRICING, MODIFICATIONS OF SERVICES
All prices posted on the Services are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in Your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to Your merchandise total and will be itemized in Your shopping cart and in Your order confirmation email.
We reserve the right to modify, suspend or discontinue the Services (or any part or content thereof) without notice at any time. We will not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of the Services
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the Services. These products or services may have limited quantities and are subject to return or exchange only according to our Shipping & Returns Policy, which is available at www.BlaqstarFarms.com and is fully incorporated herein by this reference.
We have made every effort to display as accurately as possible the colors and images of our products that appear on the Services. We cannot guarantee that Your monitor’s or device’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of 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 offered. All descriptions of products, services or pricing are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on the Services is void where prohibited.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information at all times. You are responsible for maintaining the security and confidentiality of Your login information, including passwords and any other information used to gain access to the Services. If You believe Your login information or Services security has been breached, You must notify BlaqstarFarms immediately.
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. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify You by contacting the e‑mail and/or billing address/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.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. You represent and warrant that (1) any credit card or other payment method information You provide is true, correct, and complete, (2) You are duly authorized to use such credit card or method of payment for the purchase, (3) charges incurred by You will be honored, and (4) You will pay charges incurred by You at the posted prices, including all applicable taxes, if any. You agree to promptly update Your account and other information, including Your email address and credit card or payment method information, so that we can complete Your transactions and contact You as needed. For any credit/debit card chargeback decided in BlaqstarFarms’s favor, BlaqstarFarms may invoice You a $25.00 charge to recover costs and pursue any other remedies available herein. For more detail, please review these Terms including our Shipping & Returns Policy available at www.BlaqstarFarms.com.
SECTION 7 - OPTIONAL TOOLS
We may provide You with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools on an ”as is” and “as available” basis, without any warranties, representations or conditions of any kind and without any endorsement. We will have no liability whatsoever arising from or relating to Your use of optional third-party tools. Any use by You of optional tools offered through the website is entirely at Your own risk and discretion. You should ensure that You are familiar with and approve of the terms on which such tools are provided by the applicable third-party provider(s).
We may also, in the future, offer new services and/or features through the Services, including the release of new tools, resources and products. Any such new features, services and/or products will also be subject to these Terms.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via the Services may include materials from third-parties. Third-party links on the Services may direct You to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure You understand them before You engage in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the applicable third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, You send certain specific submissions (for example, contest entries) or without a request from us You send creative ideas, suggestions, proposals, plans, or other materials, whether online or by email, postal mail or otherwise (collectively, “Comments”), You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use the Comments in any medium at any time, including after termination or expiration of these Terms. We are and will be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that otherwise violates any party’s intellectual property rights or these Terms. You are solely responsible for any Comments and their accuracy. We take no responsibility and assume no liability for any Comments posted by You or any third-party. You agree that Your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that You will not transmit, and Your Comments will not contain, libelous or otherwise unlawful, abusive or obscene material, or any computer virus, worm, Trojan horse or other malware that could in any way affect the operation of the Services or any related website. You may not use a false e‑mail address or other contact information, pretend to be someone other than Yourself, or otherwise mislead us or third-parties, including as to the origin of any Comments.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on 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 or other matters. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate, at any time and without prior notice (including after You have submitted Your order).
We undertake no obligation to update, amend or clarify information in the Services or on any related website including pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website should be taken to indicate that all information therein has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions set forth in these Terms, You are prohibited from using the Services or any information therein, in whole or in part: (1) for any unlawful purpose; (2) to solicit others to perform or participate in any unlawful acts; (3) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (4) to infringe upon or violate any intellectual property or proprietary rights; (5) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability or any other protected status; (6) to submit false or misleading information; (7) to upload or transmit viruses, worms, Trojan horses or any other type of malicious or harmful application or code; (8) to collect or track the personal information of others; (9) to spam, phish, pharm, pretext, spider, crawl, or scrape; (10) for any obscene or immoral purpose; or (11) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend or terminate Your use of the Services or any related website for violation of any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY STATED IN A WRITTEN AGREEMENT BETWEEN BlaqstarFarms AND YOU, ALL CONTENT, SERVICES, PRODUCTS AND SOFTWARE PROVIDED ON OR THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, CONDITIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BlaqstarFarms AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE SERVICES, ANY CONTENT THEREIN, AND THE PRODUCTS AND SERVICES OFFERED FOR YOUR INTENDED APPLICATION AND USE. BlaqstarFarms DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT THE SERVICES OR ANY CONTENT WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT ANY ERRORS IN THE FOREGOING WILL BE CORRECTED, THAT ANY RESULTS OBTAINED FROM USE OF THE FOREGOING WILL BE ACCURATE OR RELIABLE, OR THAT ANY PRODUCTS OR SERVICES OFFERED WILL MEET YOUR REQUIREMENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK.
SECTION 14 - LIMITATION OF LIABILITY
THE REMEDIES DESCRIBED IN THESE TERMS, INCLUDING OUR SHIPPING & RETURNS POLICY, ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY HEREUNDER. BlaqstarFarms, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS AND LICENSORS (COLLECTIVELY, THE “BlaqstarFarms PARTIES”) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS OR SERVICES PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCTS OR SERVICES OFFERED, INCLUDING ANY ERRORS OR OMISSIONS, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR PRODUCT PROVIDED, OFFERED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. UNDER NO CIRCUMSTANCES WILL THE BlaqstarFarms PARTIES’ LIABILITY EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR ANY PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE SERVICES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE BlaqstarFarms PARTIES’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
SECTION 15 - YOUR LIABILITY, INDEMNIFICATION
If you cause any interference with the Services, You are liable for all damages, costs and expenses including reasonable attorneys' fees, fines and enforcement costs. Upon any violation of these Terms, BlaqstarFarms’s remedies will include any damages and relief available at law or in equity, all costs including attorneys’ fees or collection agency commissions, and immediate suspension or termination of all rights or licenses in the Services. Upon suspension or termination, You must stop using the Services, delete or destroy all Services components in your possession, custody or control and upon request, certify compliance to BlaqstarFarms in writing.
You agree to indemnify, defend and hold harmless the BlaqstarFarms Parties against any third-party actions, claims, demands, settlements, losses, damages, costs and expenses (including reasonable legal fees and expenses) arising out of or related to Your content, Comments, use or misuse of the Services, or violation of the Terms. BlaqstarFarms reserves the right to assume the exclusive defense and control of any indemnifiable claims and, if so, You will cooperate with the defense and not settle the claim without BlaqstarFarms’s written consent.
SECTION 16 - INTELLECTUAL PROPERTY
The Services, and the products and services offered therein, contain intellectual property, proprietary and confidential information protected by law. BlaqstarFarms and its licensor(s) are and will remain the sole and exclusive owner(s) of all rights in and to each product and service made available on the Services and any related specifications, instructions, documentation or other materials, including all related copyrights, patents, trademarks and other intellectual property rights, subject only to any limited license granted expressly in writing. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through the Services, or of any intellectual property rights relating to those products or services. You may not use BlaqstarFarms’s marks, names, logos, trade names, trade dress or other proprietary identifying symbols or otherwise identify or refer to BlaqstarFarms, except as permitted by BlaqstarFarms. All rights not expressly granted are reserved. Other marks, names, logos and copyrighted materials on the Services, and/or the products and services offered therein, belong to their respective owners.
SECTION 17 - LOCAL LAWS, EXPORT
The Services are controlled and operated from the U.S. and are not intended to subject the BlaqstarFarms Parties to the laws or jurisdiction of any other country. BlaqstarFarms does not represent or warrant that the Services or any products or services offered therein are suitable or available for use outside the U.S. or in all U.S. states or territories. You access the Services at Your own risk and You are responsible for compliance with all laws, regulations and rules. You may not export or re-export the Services or any products or services offered therein except in full compliance with all applicable laws and regulations.
SECTION 18 - ARBITRATION OF DISPUTES, CLASS ACTION WAIVER
Any dispute or claim relating to the Terms, the Services and/or any products or services offered therein (“Claim”) will be exclusively resolved first by mediation via telephone conference under the laws of the State of California before filing any pleadings against any of the other parties. Should mediation efforts fail, the parties agree to settle any Claim hereunder by binding arbitration rather than in court, except that Claims may be asserted in small claims court if they qualify. The Federal Arbitration Act and federal arbitration law will apply to Claims. In arbitration, there is no judge or jury, and court review of an award is limited. But an arbitrator may award the same damages and relief as a court on an individual basis and must follow these Terms just as a court would.
Any arbitration will be conducted in Los Angeles, California unless You choose to have it conducted by telephone, based on written submissions, or the parties mutually agree to another location. The arbitration will be conducted under JAMS’ Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. See http://www.jamsadr.com/rules-comprehensive-arbitration/ or call 1-800-352-5267. The JAMS rules will govern payment of filing, administration and arbitrator fees. The arbitrator will award the prevailing party its costs and reasonable attorneys' fees, or an appropriate percentage of such costs and fees if the arbitrator determines that the prevailing party won some but not all Claims. Judgment on an arbitration award may be entered in any court with competent jurisdiction.
YOU AND BLAQSTARFARMS AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. NEITHER YOU NOR BLAQSTARFARMS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS OR CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
You and BlaqstarFarms agree that either party may sue in court to enjoin infringement or other misuse of intellectual property rights. If a Claim proceeds in court rather than arbitration, You and BlaqstarFarms waive any right to a jury trial. If a Claim against BlaqstarFarms proceeds in court, the exclusive jurisdiction and venue of that action will be the state or federal courts in Los Angeles County, California. If a Claim against You proceeds in court, the exclusive jurisdiction and venue of that action will be the state or federal courts in any state where You are located. The parties consent to the mandatory jurisdiction and venue of these respective courts.
SECTION 19 - NOTICES
To You. We may provide any notice to You under these Terms by: (a) sending a message to the email address You provide or (b) by posting to the website or Services. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is Your responsibility to keep Your email address current.
To BlaqstarFarms. To give us notice under these Terms, You must contact us as follows: (a) by personal delivery, overnight courier or registered or certified mail to BlaqstarFarms, LLC, 1010 Wilshire Boulevard, Suite 307, Los Angeles, California 90017. We may update our contact information for notices by posting a notice on the website or Services. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
SECTION 20 - MISCELLANEOUS
These Terms are the entire agreement between BlaqstarFarms and You regarding the Services and products or services offered therein, and supersede any prior agreements or understandings regarding the same. The Terms are governed by California state law, without regard to conflict of laws principles. If any provision of the Terms is found unenforceable or contrary to law, it will be replaced with an enforceable provision that best accomplishes the original goals, without invalidating the other provisions. No failure or delay to enforce BlaqstarFarms’s rights will be deemed a waiver of any rights. We will not be liable or responsible to You, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance to the extent caused by or resulting from acts or circumstances beyond our reasonable control, including acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outages. BlaqstarFarms may assign these Terms, in whole or part, to a parent or affiliate or in connection with a change of control. You may not assign or transfer these Terms, in whole or part, by operation of law or otherwise without BlaqstarFarms’s prior written consent and any attempt to do so is null and void. The Terms will be binding on Your permitted successors and assigns. Except as expressly provided in the Terms, there are no third-party beneficiaries; these Terms do not and are not intended to confer any rights or remedies upon any person other than You. Section headings in the Terms are just for reference. “Including” means “including but not limited to.” The proprietary rights, disclaimer, Your representations and warranties, indemnification, limitations of liability and miscellaneous provisions will survive termination of the Terms.
SECTION 21 - CONTACT INFORMATION
If you have any questions about the Terms, please contact us at email@example.com.
These Terms of Service were last updated on May 20, 2020.