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TERMS OF PURCHASE

TERMS OF PURCHASE 

By enrolling, electronically, verbally, or otherwise or by clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, or entering your credit card information, you (“Customer” or “You”) agree to be provided with products by Higher Healing LLC, and you are entering into a legally binding agreement with the Company, subject to the following Terms of Purchase: 

  1. GENERAL TERMS. 

    1. Upon execution of this Agreement, electronically, or otherwise, the Company agrees to provide
      Cannabidiol (CBD) product(s) purchased (known as the “Product”) as outlined Company’s Website at
      http://www.cbdhigherhealing.com (“Website”). 

    2. By purchasing the Product, you are utilizing such Product at your own risk. You agree that under no
      circumstances will the Company be held liable for any use or misuse of the Product that may occur. Any sharing of the Product is at Customer’s own risk. The Company is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from the use and/or sharing of any Product purchased. 

    3. If You experience any adverse reactions, you should stop use immediately. 

    4. ThescopeoftheProductrenderedbytheCompanypursuanttothisAgreementshallbesolelylimitedto
      that contained therein and/or provided for on Company’s Website. 

    5. ChangestoOrder.CustomershouldnotifytheCompanyimmediatelytoaccommodateanychangesprior
      to shipment of user’s order. After the Product leaves the warehouse, additional changes may result in a
      fee. 

    6. All Products come with suggest use and dosage. It is Customer’s responsibility to follow the directions
      and the Company will not be held liable for misuse of Products. 

  2. PAYMENT AND REFUND POLICY. 

    1. Upon execution of this Agreement, Customer agrees to pay to the Company the purchase amount as
      agreed. 

    2. Customer may return Product within fifteen (15) days and exchange for another Product. Returns limited
      to one per customer per 365 days. 

    3. No returns or exchanges may be made for taste of Product. Customer acknowledges that taste will vary
      depending on harvest. 

3. DELIVERY OF PRODUCTS. Delivery times will vary based on Product and location. Any delivery times provided are approximate; Product usually ships within one (1) to two (2) business days. Upon delivery 

Customer agrees to check order and make sure there are no signs of damage. Customer agrees to note any issues and contact the Company immediately, damage to the Product must be reported within two (2) days of delivery to orders@higherhealing.com. The Company will work with the Customer on an agreeable solution to damaged Product. 

4. DISCLAIMERS. None of the Company’s representatives are licensed dietitians, naturopathic doctors and/or medical physicians. No information or education given by the Company’s representatives or on the Company’s Website should be used to diagnose diseases, disorders and/or conditions. By purchasing or otherwise utilizing Products, the Customer acknowledges that the Company is not liable for any injury and/or losses You or any third-party may suffer from use or non-use of Product. 

The Company’s representatives and/or Company’s Website and/or other content ​may include recommendations regarding the Products, supplements, and/or general diet. You are under no obligation to follow those recommendations and any changes or utilization of Products are at your own risk. ​The Company is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or suggestions provided. 

Any testimonials or examples shown through the Company’s website are only examples of what may be possible for Customer. There can be no assurance as to any particular outcome based on the use of Products. Customer acknowledges that the Company has not and does not make any representations as to the future result that may be derived as a consequence of use of Products. 

  1. INTELLECTUAL PROPERTY RIGHTS. In respect of the Products sold, the Company maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Product whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the Customer, nor grant any right or license other than those stated in this Agreement. 

  2. NON-DISPARAGEMENT. The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Customer nor any of Customer’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred 

or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, affiliates, subsidiaries, employees, agents or representatives. 

  1. DISCLAIMER OF WARRANTIES. The Products provided to the Customer by the Company under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage. 

  2. RELEASE OF CLAIMS. In no event will ​the Company be liable to any party for any type of direct, indirect, special, incidental, or consequential damages for any use of the Product. You hereby release ​the Company from any and all claims including those related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue. 

  3. GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement. 

  4. LIMITATION OF LIABILITY​. YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE PRODUCT. ADDITIONALLY, HIGHER HEALING LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF HIGHER HEALING LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE AREAS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL HIGHER HEALING LLC DBA KHEPRI RENEWAL CUMULATIVE LIABILITY TO YOU EXCEED $100. 

  1. DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Chicago, Illinois or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate. 

  2. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois regardless of the conflict of laws principles thereof. 

  3. SEVERABILITY. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. 

  4. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral. 

INSERT COMPANY NAME 

TERMS OF PURCHASE FOR WHOLESALE CUSTOMERS 

HIGHER HEALING

(“Wholesale Customer” or “You”) agree to be provided with products by Higher Healing LLC ​(the “Company”), and you are entering into a legally binding agreement with the Company, subject to the following Terms of Purchase: 

1. GENERAL TERMS. 

  1. Upon execution of this Agreement, electronically, or otherwise, the Company agrees to provide
    Cannabidiol (CBD) product(s) purchased (known as the “Product”) as outlined by Company in
    Attachment A/Invoice. 

  2. You agree that under no circumstances will the Company be held liable for any use or misuse of
    the Product that may occur. The Company is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from the use and/or sharing of any Product purchased. 

  3. Changes to Order. Wholesale Customer should notify the Company immediately to accommodate any changes prior to shipment of user’s order. After the Product leaves the warehouse, additional changes may result in a fee. 

  4. Upon execution of this Agreement, ​Wholesale ​Customer agrees to pay to the Company the purchase amount as agreed. 

  5. Wholesale ​Customer is responsible for all refunds or exchanges requested by their consumers. 

  1. DELIVERY
    provided are approximate. Upon delivery Wholesale Customer agrees to check order and make sure there are no signs of damage. Wholesale Customer agrees to note any issues and contact the Company immediately, damage to the Product must be reported within two (2) days of delivery to orders@higherhealing.com. The Company will work with the Wholesale Customer on an agreeable solution to damaged Product. 

  2. DISCLAIMERS. None of the Company’s representatives are licensed dietitians, naturopathic doctors and/or medical physicians. No information or education given by the Company’s representatives or on the Company’s Website should be used to diagnose diseases, disorders and/or conditions. By purchasing or otherwise utilizing Products, the Wholesale Customer acknowledges that the Company is not liable for any injury and/or losses consumers or any third-party may suffer from use or non-use of Product. 

  3. INTELLECTUAL PROPERTY RIGHTS. In respect of the Products sold, the Company maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Product 

OF PRODUCTS. Delivery times will vary based on Product and location. Any delivery times 

whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the Customer, nor grant any right or license other than those stated in this Agreement. 

  1. NON-DISPARAGEMENT. The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Wholesale Customer nor any of Wholesale Customer’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, affiliates, subsidiaries, employees, agents or representatives. 

  2. DISCLAIMER OF WARRANTIES. The Products provided to the Wholesale Customer by the Company under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage. 

  3. RELEASE OF CLAIMS. In no event will ​the Company be liable to any party for any type of direct, indirect, special, incidental, or consequential damages for any use of the Product. You hereby release ​the Company from any and all claims including those related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue. 

  4. GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement. 

  5. LIMITATION OF LIABILITY​. YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE PRODUCT. ADDITIONALLY, HIGHER HEALING LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR 

SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF HIGHER HEALING LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE AREAS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL HIGHER HEALING LLC CUMULATIVE LIABILITY TO YOU EXCEED $100. 

  1. DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Chicago, Illinois or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate. 

  2. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois regardless of the conflict of laws principles thereof. 

  3. SEVERABILITY. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. 

  4. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral. 

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