TERMS AND CONDITIONS
These General Terms and Conditions of Use (“Terms”) are entered into by and between you and Hemp Blue, INC. (“Hemp Blue,” “we,” “us,” or “our”). This Agreement governs the relationship between Hemp Blue and you, our site visitor (“you” or “your”), with respect to your use of the Internet site located at www.hempblue.Com (together, the “Site”) and your purchase of any of our Internet Services from the Site (“Services”). By visiting or using the Site, including without limitation to (i) accessing, using and/or downloading Information, (ii) sending messages, information, data, text, software or images, or other Information to the Site, or (iii) otherwise using, accessing or purchasing any Services, you agree to accept and abide by this Agreement. In consideration of your use of and access to the Site (and the promises and obligations herein, and intending to be legally bound), you and Hemp Blue hereby agree as follows: Your access to and use of the Site is subject to these Terms, as well as any modifications issued by Hemp Blue to these Terms, and all applicable laws and regulations. BY USING THE SITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms, do not use the Site. Among other things, Hemp Blue provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. The information available on or through use of the Site, including but not limited to data, text, articles, content, software, images, graphics, photographs, audio and video clips, links and references and other materials (collectively, the “Information”) is provided for informational purposes only.
Hemp Blue shall have the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to, posting the revised or additional terms and conditions on the Site. You are responsible for reviewing the Terms periodically for any modification to this Agreement that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by Hemp Blue to these Terms. ANY ACCESS OR USE OF THE SITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than by Hemp Blue shall be valid or enforceable against Hemp Blue unless expressly agreed to by Hemp Blue in a writing signed by a duly authorized officer of Hemp Blue.
These Terms are effective until terminated by Hemp Blue. Hemp Blue may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the Site and the restrictions imposed on you with respect to the Content, the Materials, the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination. Hemp Blue shall also have the right without notice and at any time to terminate the Site or any portion thereof, or any products or services offered through Hemp Blue or the Site, or to terminate any individual’s right to access or use the Site or any portion thereof.
You agree to comply with all applicable international laws, statutes, ordinances and regulations regarding your use of the Site and your purchase of the products or services on the Site.
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the Site, as well as the selection, assembly and arrangement thereof, are referred to collectively as the “Content.” The Content may contain errors, omissions, or typographical errors or may be out of date. Hemp Blue may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Hemp Blue in any way except to the extent it is specifically indicated to be so. Unless otherwise noted, all Content is protected by copyright, trademark, common law and other proprietary rights that are owned by Hemp Blue or by third parties that have licensed their use to Hemp Blue. You may view and use the Content only for your personal information and for no other purpose. You must retain all trademark, copyright and other proprietary notices on downloaded or printed Information, and any such downloads or copies are subject to the Terms of this Agreement and shall remain the property of Hemp Blue and/or its licensors and/or suppliers. Except as provided in the foregoing, Hemp Blue does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Site, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in writing signed by Hemp Blue, is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site or any Services or Information. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Hemp Blue and/or its licensors’, suppliers’ or third party owners of trademarks or copyrights without the express written permission of Hemp Blue, our licensors or suppliers, or the third party owner of any such trademark and/or copyright. Use of content is strictly prohibited unless authorized in writing by Hemp Blue and requests for permission should be directed to hello@hempbluedenim.com.
Hemp Blue welcomes your feedback regarding our existing products, marketing strategies, business and customer service, subject to Section 9 below. Feel free to contact us with your valuable feedback.
However, our company policy does not allow us to accept or consider unsolicited ideas, suggestions, proposals, comments or materials, including for new or improved products, services or technologies, advertising campaigns, promotions, product enhancements, processes, materials, designs, marketing plans, designs, artwork or new product names (collectively, “Submissions”). Please do not submit any Submissions in any form to Hemp Blue or any of its employees. Since Hemp Blue is constantly developing new ideas, strategies and products, we hope that you will understand that this policy is intended to help Hemp Blue avoid potential misunderstandings or disputes when Hemp Blue’s products, lines of business or marketing strategies might seem similar or even identical to Submissions made to Hemp Blue.
If, despite our policy, you still provide your Submissions to Hemp Blue, the following terms shall apply to your Submissions, regardless of what your communication says. You agree that:
7.1 In order to use some of the features or functionality offered at the Site or to access some areas of the Site, you may need to create an account with Hemp Blue. If and when you create an account with Hemp Blue, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your date of birth and e-mail address, if applicable) and/or social media such as your Twitter handle and (b) maintain and update your information (including your e-mail address and social media) to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of the Site, Services and/or Information. You understand that any information you provide will be treated by Hemp Blue in the manner described in our Privacy Policy, which can be found at https://hempblue.com/pages/privacy-policy.
7.2 Under some circumstances, as part of the process of creating an account, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is disrespectful, vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your password and for all activities that are conducted through your account. You agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account with us is no longer secure, you must immediately notify us by emailing us at hello@hempbluedenim.com with the subject line Account Security.
The Site may contain links to other websites for your convenience. Hemp Blue has not fully reviewed the websites that are linked to the Site and does not control such sites or their content. Your use of linked websites is subject to the privacy practices and terms of use established by the specific linked site, and Hemp Blue disclaims all liability associated therewith. The presence of such third party links does not indicate any approval or endorsement by Hemp Blue of any linked website or any material contained within the third party linked website, and we disclaim any such approval or endorsement.
You agree not to:
9.1 Engage in spamming or phishing attacks;
9.2 Transmit (a) any content or information that is unlawful, fraudulent, deceptive, threatening, abusive, vulgar, derogatory, sexist, racist, hateful, harassing, libelous, defamatory, obscene, indecent, pornographic, sexually explicit, blasphemous, harmful, invasive of the privacy rights of others, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication;
9.3 Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
9.4 Express or imply that any statements you make are endorsed by us, without our prior written consent;
9.5 Upload any Materials that contains any virus, worm or other files, scripts or programs designed to damage or allow unauthorized access to the Services or the Site;
9.6 Remove any copyright, trademark or other proprietary rights notices contained in or on the Information, the Site or Services;
9.7 Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or Information;
9.8 Use the Site, Information or Services in any manner that is unlawful, including accessing the Site, Services and/or Information from any location where such access may be illegal or otherwise prohibited;
9.9 “Frame” or “mirror” any part of the Site without our prior written authorization;
9.10 Use any spider, site search/retrieval application, robot or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site or their contents;
9.11 Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Materials; and/or
9.12 Harvest or collect information about the Site’s visitors or members without their express consent.
All prices and products advertised are subject to change. Although the Site is composed with care, it may happen that the pricing information on the Site contains errors. We are not bound by our offer or any prices on the Site and we therefore reserve the right to modify or cancel your purchase in the event of spelling, pricing, or other errors on the Site.
All prices displayed on the Site are quoted in US Dollars ($).
Shipping costs are applied per order and depend on where your order is shipped and by what method. Shipping costs and all other applicable taxes, fees or charges of any nature shall be added to the total amount of your purchase and will be displayed prior to checkout.
The images of the products on the Site are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer's display of the colors accurately reflect the actual colors of the product(s). Your product(s) and the packaging of your product(s) may vary from that shown on images on our Site.
If you are not entirely satisfied with your purchase, we’re here to help. Our products can be returned within 30 days of the original purchase of the product.
Before you return a product, please make sure that:
– The product was purchased in the last 30 days
– The product is in its original packaging
Send the product with its original packing to:
Hemp Blue, INC
2567 W Cheyenne Ave
North Las Vegas, NV 89032
(725) 400-7853
United States
Email: hello@hempbluedenim.com
Hemp Blue donates 10% of its net profits on a quarterly basis to various organizations that support the legalization of industrial Hemp in the United States such as NHA (National Hemp Association) and NCIHA (North Carolina Industrial Hemp Association). Unfortunately, returns do not include reimbursement to you of the percentage of the net proceeds Hemp Blue donates to the charity campaigns.
All returns do not include reimbursement of the money donated to these charity campaigns of which your apparel were purchased.
You agree to cooperate fully with us and will provide all reasonable assistance in the event we recall any product(s), at our sole expense. Please notify us immediately if you know or suspect there is a possibility of products becoming or needing to become the subject of a recall.
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”), Hemp Blue has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to the Site (the “Designated Agent”). All such notifications relating to the Site must be submitted in a manner consistent with the DMCA to the following Designated Agent in writing as follows:
(1) Your physical or electronic signature;
(2) Identification of the copyrighted work or works claimed to have been infringed;
(3) Identification of the material that is claimed to be infringing that copyrighted work, and URLs or similar information sufficient to permit us to locate that material on our Site and Services;
(4) Information to permit Hemp Blue’s agent to contact you: your address, telephone number and email address;
(5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner of the copyright that is allegedly infringed.
Agent Designated to Receive Notification of Claimed Infringement:
Karen J. Bernstein, Esq.
Bernstein IP
200 Park Avenue, Suite 1700
New York, NY 10166
DMCA@bernsteinip.com
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER HEMP BLUE NOR ANY OF HEMP BLUE’S REPRESENTATIVES, NOR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE SITE, INFORMATION, SERVICES AND/OR ANY LINKED SITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THE SITE, THE INFORMATION, SERVICES, OR ANY LINKED SITE IS TO STOP USING THE SITE, SERVICE, OR LINKED SITE, AS APPLICABLE. HEMP BLUE’S SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR RELATING IN ANY MANNER TO THE SITE, INFORMATION AND/OR SERVICES, SHALL BE THE TOTAL AMOUNT PAID BY YOU FOR USE OF THE SITE, INFORMATION AND/OR SERVICES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to fully indemnify, defend and hold Hemp Blue, any of Hemp Blue’s Representatives, and their directors, officers, employees, consultants and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, (b) any allegation that any Materials you may transmit to the Site infringe or otherwise violate the copyright, patent, trademark, trade secret or other intellectual property or other rights of any third party, and/or (c) your activities in connection with the Site.
You affirm that you are at least eighteen (18) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
This Agreement is governed and construed in accordance with the laws of the State of Nevada, without giving effect to the choice-of-law rules of that State. You agree to submit to the exclusive jurisdiction of the federal courts of Nevada for resolution of disputes relating to or arising out of this Agreement. In the absence of federal jurisdiction, you agree to submit to the exclusive jurisdiction of the state court located in Clark County, Nevada, United States of America. You agree to waive any jurisdictional, venue or inconvenient forum objections to such courts. All disputes shall be resolved in the English language. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter. This Agreement or any right, obligation or remedy hereunder is not assignable, transferable, delegatable or sublicensable by you except with Hemp Blue’s prior written consent, and any attempted assignment, transfer, delegation or sublicense shall be null and void. Hemp Blue may assign, transfer or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof, and the singular shall include the plural and the plural the singular. You hereby acknowledge that you have carefully read all of the terms and conditions of Hemp Blue’s Privacy Policy, which can be accessed by linking to http://hemp-blue.myshopify.com/pages/privacy-policy and agree to all such terms and conditions.
Should you have any questions, comments or complaints regarding this Agreement or the Site, please contact us at:
Hemp Blue, INC.
4262 Blue Diamond
Suite #102-342
Las Vegas, NV 89139
Or email us at:
hello@hempbluedenim.com