Terms & Conditions

Welcome to The Emerald Canniboutique https://www.emeraldcanniboutique.com/ website (the “Site”).  The Site is an E-Commerce Site for sale of health and wellness products, supplements, and educational materials. The Site is operated by EliTon, LLC d/b/a The Emerald Canniboutique (the “Company”) and comprised of various web pages. The terms “Emerald Canniboutique,” “we,” “us” and “our” refer to EliTon, LLC, its parent company and all subsidiaries. The Site is offered to you, including all information, tools, and services available from this Site to you, (the “user”), conditioned on your acceptance without modification of the terms, conditions, policies, and notices contained herein.

The Emerald Canniboutique sells certain CBD products (the “Products”) that are derived from hemp to individuals above the age of 21.  We sell some products that contain .3% THC and it is our understanding that such products contain an amount of THC that is within the allowable limits prescribed by federal law and the laws of the Company’s primary place of business.  The Company does not and shall not guarantee or otherwise represent to you that its products are legal in your state or territory.  It is up to you, independently of any effort undertaken by The Emerald Canniboutique, to determine the legality of the Company’s Products within your state or territory.  By using this Site, you represent that the products you purchase are legal within your jurisdiction.

A doctor’s advice should be considered before using any hemp product. Before purchasing supplements and oils from The Emerald Canniboutique, you should consult with a physician before using any of these Products.  Do not mix Products with alcohol, drugs, or prescriptions.  Products could cause drowsiness.  Do not drive or operate machinery until you learn how the Products affect you.  Do not take more than the recommended serving. 

Statements made by the Company have not been evaluated by the FDA.  The products, product descriptions, use recommendations, editorial and any other content are not intended to diagnose, treat, cure, or prevent any disease. If you are pregnant, nursing, taking medication, or have a history of heart condition we suggest consulting with a physician before using any of our products. 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

The material on this Site 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 the material on this Site is at your own risk.

The use of, or inability to use, the service is at your sole risk.  The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Your visiting our Site and / or purchasing something from our Site constitutes your agreement that you have engaged in our “Service” and agree  to be bound by our Terms and Conditions, Terms of Service and Terms, set forth below including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

Errors, Inaccuracies And Omissions

Occasionally there may be information on our Site or in the Service 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 if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

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

Age Of Consent 

The Emerald Canniboutique does not knowingly sell products or provide Services to children under the age of twenty-one.  If you are under the age of twenty-one, you must not use the Services. If you are not 21 years of age, or not legally entitled to order certain goods and/or products, we reserve the right to cancel and/or terminate the order immediately and without notice.   By using this Site, you represent that you are at least 21 years of age.

Intellectual Property

You acknowledge and agree that all content, trademarks, copywrites, the Site, the website design, structure and graphics and all software and source codes connected with the Site is the property of the Company or its suppliers and shall be protected by copywrite and other laws that protect intellectual property and proprietary rights.

You are granted a non-exclusive, non-transferable, revocable license to access and use the Services of the Site, strictly in accordance with these terms of use.  As a condition of your use of the Site, you warrant to the Company that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.  You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.  In addition, you shall not use the Site to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as The Emerald Canniboutique or any of its subsidiaries or related companies to others.  You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Website. 

You may only access, view or print pages from the website for the sole purpose of evaluating placement of an order with The Emerald Canniboutique.  Unless authorized by the owners of the Company, any use of materials from the Site is strictly prohibited.

You agree that you do not acquire any ownership rights in any protected content.  The Company does not grant you any licenses, express or implied, to the intellectual property of The Emerald Canniboutique or our licensors except as expressly authorized by these terms. You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Emerald Canniboutique as a result of this agreement or use of this Site.

Please read through these Terms of Service carefully before accessing our website or placing your order.  If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

BY ACCESSING OR USING ANY PART OF THE WEB SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE WEB SITE

Links To Third Party Sites And/Or Third-Party Service

We may provide you with access to links to third party websites over which we neither monitor nor have any control nor input.  You acknowledge and agree that we provide access to such websites “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement.  By accessing third-party links through our Site, you agree and approve of the terms on which the third-party links are provided by the relevant third-party provider(s).  It is your responsibility to review, examine and evaluate carefully the third-party’s policies, practices and content and make sure you understand them before you engage in any transaction.

 If you do not want information about you to be shared in this manner, do not use this feature. You understand and agree that the inclusion of any link does not imply endorsement by The Emerald Canniboutique of the site or any association with its operators.

The Company is not responsible for the contents of any linked websites, including without limitation any link contained in a linked website, or any changes or updates to a linked website. 

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 website. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party provider. 

We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

By using any product, service or functionality originating from the Company’s domain(s), you hereby acknowledge and consent that The Emerald Canniboutique may share such information and data with any third party with whom The Emerald Canniboutique has a contractual relationship to provide the requested product, service, or functionality on behalf of The Emerald Canniboutique users and customers.

Privacy and Electronic Communications

We are committed to protecting your privacy.  We will only use information that we collect about you lawfully (in accordance with the Data Protection Act 1998).  We collect information about you for two reasons: firstly, to process your order and secondly, to provide you with the best possible service.

Visiting the Site or sending emails to The Emerald Canniboutique constitutes electronic communications.  You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically via email and on the Site satisfy any legal requirement that such communications be in writing.

We will not email you unless you have given us your consent.  We will give you the chance to refuse any marketing email from us.

International Users

The Site is controlled, operated, and administered by The Emerald Canniboutique from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the The Emerald Canniboutique content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Termination And/Or Access Restriction

The Emerald Canniboutique reserves the right at any time, in its sole discretion, to remove the service for indefinite periods of time, cancel the service at any time or update, change, add new features or tools, or replace any part or content thereof under which The Emerald Canniboutique is offered without notice to you, and we shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

Other & Miscellaneous Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related Site for violating any of the prohibited uses.

Changes To Terms Of Service

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. The most current version of the Terms of Service will supersede all previous versions. We reserve the right, at our sole discretion, to update, change, or modify the Terms and/or contents of this Site at any time, but we have no obligation to update any information on our Site.

These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

The Company encourages you to periodically review the Terms to stay informed of our updates. You can review the most current version of the Terms of Service at any time on this page. Modifications will become effective on the day they are posted unless stated otherwise.

ONLINE STORE TERMS

Your Account

NOTE: The Emerald Canniboutique does not knowingly sell products or provide Services to anyone under the age of twenty-one.  If you are under the age of twenty-one, you must not use the Services.

You represent that you are at least the age of 21. We do not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use our Site only with permission of a parent or guardian.

By accessing and using our Site, you are accepting responsibility for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You must ensure that all the information you provide us with is accurate, including your e-mail address. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that The Emerald Canniboutique is not responsible for third party access to your account that results from theft or misappropriation of your account. If someone other than you obtain and uses your login credentials, The Emerald Canniboutique reserves the right to disable your account, without providing you with a refund.

The information we collect about you is to process your order and to provide you with the best possible service. We will not email you unless you have given us your consent. We will give you the chance to refuse any marketing email from us or from another trader in the future.

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.

The Emerald Canniboutique and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Products

The Company sells certain CBD Products that are derived from hemp to individuals above the age of 21.  We sell some products that contain .3% THC and it is our understanding that such products contain an amount of THC that is within the allowable limits prescribed by federal law and the laws of the Company’s primary place of business.  The Company does not and shall not guarantee or otherwise represent to you that its products are legal in your state or territory.  It is up to you, independently of any effort undertaken by The Emerald Canniboutique, to determine the legality of The Emerald Canniboutique CBD products within your state or territory.  By making a purchase on the Site, you warrant that the product you purchase is legal in your territory.  We are not liable for any consequences from law enforcement action against you related to a product you purchased from us.

A doctor’s advice should be considered before using any hemp product. Before purchasing The Emerald Canniboutique supplements and oils, you should consult with a physician before using any of these products.  Do not mix with alcohol, drugs, or prescriptions.  Products may cause drowsiness.  Do not drive or operate machinery until you learn how the Products will affect you.  Do not take more than the recommended serving.  Any statements made by The Emerald Canniboutique have not been evaluated by the FDA, and any products sold by The Emerald Canniboutique are not intended to diagnose, treat, cure, or prevent any disease.

Our products or Services may be available exclusively online through the website and are subject to return or exchange only according to our Return Policy.

Colors and images of our products that appear on our Site may not reflect accurately.  We have made every effort to display as accurately as possible.  We cannot guarantee that your computer monitor's display of any color will be accurate

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 that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of the Company. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this Site is void where prohibited.  We reserve the right to withdraw items from our Site at any time, adjust the price and specification of any item on the Site at our discretion.

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.

Orders

All orders made by you through the website, email communication or phone are subject to acceptance. We may choose not to accept your order for any reason.

If the goods you wish to order are not available from stock we will contact you by email and you will have the option to:

·  wait until the goods are available from stock;

·  cancel your order in accordance with our Cancellation & Returns Policy.

Orders received will be confirmed with the details via email confirmation email.  If the details differ in the confirmation email, it is your responsibility notify us within 24hrs of receiving the confirmation email. We will review the details and respond accordingly. In some cases, the order may be cancelled.

All details, descriptions and prices for the goods appearing on the Site are correct at the time when the information was inputted. It is your responsibility to check any received goods on arrival to ensure the item(s) received are correct and there is no damage to any item.

Prices that are reduced for sales and promotions are only valid for the specified period.

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.  Products are for direct to consumer orders only and not for resale.  We are not liable for any damages to you or any third persons arising from products purchased from this Site.

Billing And Account Information

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

Payment Details & Refund Policy

You agree to pay the fees for The Emerald Canniboutique’s Products that you elect to purchase, and you authorize The Emerald Canniboutique to charge your debit or credit card or process other forms of payment for those fees. By making a purchase on this Site, you represent you have the authority to make the transaction and use the form of payment.  The Emerald Canniboutique will not provide refunds, unless The Emerald Canniboutique determines, in its sole discretion, that a refund is warranted.

The total cost of your order is the price of the goods plus card processing and delivery charges and applicable taxes. This will be confirmed to you as set out in the ‘Orders’ section.

Payment can be made via credit card or debit.  No goods or products will be dispatched until full payment has been received. A receipt or pro-forma invoice will be issued after the successful purchase of items/products from The Emerald Canniboutique e-store.

Shipping costs

Shipping costs are calculated on the initial order. Delivery costs will vary depending on weight. We reserve the right to change the shipping costs at our own discretion.

Allow 5-10 days for delivery.

Holidays and the day on which they are observed may incur delays in processing orders for shipping.
Holidays include:

·   Christmas Eve,

·   Christmas Day,

·   New Years Eve,

·   New Years Day,

·   Good Friday,

·   Easter Monday,

·   Easter Tuesday,

·   Memorial Day

·   July 4th Monday

·   July 4th Tuesday

·   Labor Day

·   Thanksgiving Day

·   Thanksgiving Day After

·   all related Bank holidays.

All orders are shipped first class. For more information on shipping costs email teddi@emeraldcanniboutique.email

Delivery

Orders are sent to the delivery address that you have registered in “YOUR ACCOUNT”. It is your responsibility to ensure that all the information you provide us with is accurate, including your e-mail address. If you wish to change the delivery address you may do so by contacting the Customer Services team via email.  A reply email confirmation will be sent back to you within 24 hours – if you do not receive a confirmation email within this time you are strongly advised to contact us via phone.

You, the customer, take all responsibility for any loss or damage that may occur. The Company is not responsible for any loss or damage.

Cancellation and Returns Policy

CANCELLATION:  To cancel your order, you must notify The Emerald Canniboutique via email to teddi@emeraldcanniboutique.email within 12hours of placing your initial order.  An email of confirmation of cancellation will be sent to you by us confirming the cancellation of the order.  Orders cancelled after this time will not be accepted as cancelled and you will be liable to pay for the complete order.

RETURNS:  returns are only accepted if the product you received is not what you have ordered, or it arrived in damaged condition.

NOTE:  Customer must e-notify teddi@emeraldcanniboutique.email within 12 hours of receiving the wrong item or damaged product describing the issue along with any photos as noted below.

The return of products not ordered must be sent back to us in the condition received – that is un-opened and ready for us to re-sell.

If your order arrives in damaged condition, you must provide photos of the damaged shipping package BEFORE opening the package AND photos of the damaged product.  These photos are to be included with your email notification to teddi@emeraldcanniboutique.email.

Returns will not be processed for refund if the notification to The Emerald Canniboutique is more than 12 hours after delivery confirmation.  

Submissions, Reviews, Comments

Any feedback, comments, or suggestions you may provide regarding The Emerald Canniboutique or the Products is entirely voluntary and The Emerald Canniboutique is free to use such feedback, comments, or suggestions as it sees fit and without any obligation to you.

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, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall 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 are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer worm, virus, or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Our Details

You may contact us via email teddi@emeraldcanniboutique.email

LIABILITY DISCLAIMER

ELITON, LLC dba THE EMERALD CANNIBOUTIQUE AND/OR ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITION, INCLUDING ALL IMPLIED AND EXPRESS WARRANTIES AND CONDITIONS AND MAKE NO REPRESENTATIONS WITH REGARD TO THIS INFORMATION, THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. ALL PRODUCTS ARE SOLD AS IS WITH NO WARRANTIES WHATSOEVER.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE EMERALD CANNIBOUTIQUE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.  We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free or that the results that may be obtained from the use of the Service will be accurate or reliable.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL the Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages or damages whatsoever including, without limitation damages for lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, even if the Company or any of its suppliers has been advised of the possibility of damages, or otherwise, arising out of or in any way connected with the use of Products, use or performance of the Site, or with the delay or inability to, the provision of or failure to provide services, from your use of any of the services or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility, nor will the Company be liable to any third parties for Products and Services arising out of this Site. We are not liable to you or to any third party for any damages or injuries caused by this Site or arising from Products purchased from this Site.  The maximum amount of damages you will ever be entitled to is the amount of the purchase price of the Product from the Site and nothing more.  Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, the above limitation may not apply to you.  If you are dissatisfied with any portion of the Site, or with any of these terms and conditions of use, your sole and exclusive remedy is to discontinue using the Site.  In any event, the liability of the Company shall never exceed the amount paid for the Products at issue.

Indemnification

You agree to indemnify, defend and hold harmless the Company, our parent, subsidiaries, affiliates, partners, officers, directors, members, managers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any third party claims, demands, losses, damages, costs, liabilities and expenses including reasonable attorney’s fees,  relating to or arising out of the Products, your use of or inability to use the Site or Services, any actions taken by you that are intentional or negligent, any user postings made by you, your violation of any terms of this Agreement, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.

You also agree that the Company shall not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, as a result of your purchase of The Emerald Canniboutique Products or your use of the Site.   You understand and agree that the amount paid to you or any third parties under any circumstance is limited to the total amount paid by you for the Products at issue. 

We reserve the right to assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

You also agree that no joint venture, partnership, employment, contractor, or agency relationship exists between you and The Emerald Canniboutique.

Your indemnification obligation will survive the termination of these Terms and your use of the Services. 

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.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

Unless otherwise specified herein, this agreement constitutes the entire agreement between you, the user, and the Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and The Emerald Canniboutique with respect to the Site.   No change or modification of these Terms shall be valid unless the same is in writing and published by the Company on its website.  If any portion of these Terms is found to be invalid or unenforceable, it shall be severable from all other portions of these Terms.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

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 site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern 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.

Neither the waiver by the Company of a breach of or a default under any of the provisions of these Terms, nor the failure by the Company, on one or more occasions, to enforce any of the provisions of these Terms or to exercise any right or privilege hereunder shall thereafter be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any provisions, rights or privileges hereunder.

The Emerald Canniboutique’s Services and products are provided on an “as is” and “where is” basis.  The Company makes no representations or warranties about the suitability, reliability, availability, timeliness, or security of the Services or The Emerald Canniboutique’s products, and expressly disclaims any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Company makes no warranty that you will obtain specific results from use of the Services. Your use of the Services is entirely at your own risk.

Governing Law

To the maximum extent permitted by law, this agreement is governed exclusively by the laws of The State of Texas, and any disputes arising out of the use of Products or Services shall be adjudicated in Travis County District Court in Austin, Texas, or the U.S. District Court for the Western District of Texas – Austin Division, as applicable, and you hereby consent to the exclusive jurisdiction and venue of these Courts. 

Mediation

If you or a third party have any complaint whatsoever about the Company, the Site, or a Product, you shall request and participate in mediation of the dispute as a condition precedent to bringing a lawsuit.  The mediation must be performed either within 60 days of the arising of a dispute or 60 days prior to the bringing of a lawsuit against the Company.  The Parties shall select a mutually agreeable third party and bear their own costs.  If, after a good faith mediation, the parties are unable to resolve the dispute, the parties retain all remedies available to them at law, and the prevailing party to litigation shall be awarded its reasonable attorneys’ fees and costs.  The mediation requirement does not apply to requests for injunctive relief.

Class Action Waiver

No proceeding hereunder shall be filed or pursued as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or persons similarly situated.  Moreover, no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. THE PARTIES AGREE TO LITIGATEON AN INDIVIDUAL BASIS AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.