Terms & Conditions
1 AGREEMENT BETWEEN USER AND WWW.MAUIMIKESCBD.COM
The www.mauimikescbd.com website (“the Site”) is comprised of web pages operated by Clear Vision ABS, LLC (“Maui Mike’s”). Use of the Site is conditioned on a user’s acceptance without modification of the Terms & Conditions, and notices contained herein (the “Terms”). A user’s use of the Site constitutes the user’s agreement to all such Terms.
The Site’s intended purpose is to provide a platform for user’s to find various hemp products for sale.
2 ELECTRONIC COMMUNICATIONS
Visiting the Site or sending emails to Maui Mike’s constitutes electronic communications. Users consent to receive electronic communications and users agree that all agreements, notices, disclosures and other communications that provided to users electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
3 LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
The Site may contain weblinks within the text, images, or other means of the Site to other websites (“Linked Sites”) for various reasons. Linked Sites are not always under the control or of Maui Mike’s and the owners of this Site are not liable for the content, subject matter, or otherwise liable for a the Site visitor’s experience on any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Maui Mike’s provides Linked Sites as a convenience. Inclusion of any link does not imply endorsement by Maui Mike’s of the site or any association with its operators.
Certain services available via the Site are delivered by third-party sites and organizations. Use of or interaction with products, services, or functionalities originating from the Site’s domain, users acknowledge and consent that Maui Mike’s may share such information and data with any third-party with whom Maui Mike’s deems necessary to serve the site’s intended purpose.
4 INTELLECTUAL PROPERTY
Users are granted a non-exclusive, non-transferable, revocable license to access and use The Site strictly in accordance with these Terms. Users are prohibited from use the Site for any purpose that is unlawful or not in accordance with these Terms. Users may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other user’s experience with the Site.
Site content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the sole property of Maui Mike’s and is protected by copyright and other laws governed within the jurisdiction of these Terms.
5 USERS OUTSIDE OF JURISDICTION
The Site is controlled, operated and administered by Maui Mike’s in the jurisdiction of the State of Oregon. Access to the Site from a location outside of the applicable jurisdiction is at the sole discretion of the user. Users agree that users will not use the Maui Mike’s content in any state or country in any manner prohibited by any locally applicable laws, restrictions or regulations.
Users agree to indemnify, defend, and hold harmless Maui Mikes, its officers, directors, employees, agents and third parties for any losses, costs, liabilities, and expenses relating to a user’s experience with, use of, or inability to use the Site or any of the Site’s services or features. A user’s violation of these Terms or a user’s violation of any rights of a third-party, or a user’s violation of any applicable laws, rules or regulations.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
8 CLASS ACTION WAIVER
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. 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. Further, unless both a user and Maui Mike’s agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
9 LIABILITY DISCLAIMER
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. CLEAR VISION ABS, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
CLEAR VISION ABS, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. 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. CLEAR VISION ABS, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLEAR VISION ABS, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CLEAR VISION ABS, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO USERS. IF USERS ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, A USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
10 TERMINATION/ACCESS RESTRICTION
Maui Mike’s reserves the right, in its sole discretion, to terminate access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Oregon and users hereby consent to the exclusive jurisdiction and venue of courts in Oregon in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
Users agree that no joint venture, partnership, employment, or agency relationship exists between users and Maui Mike’s as a result of this agreement or use of the Site. Maui Mikes’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Maui Mikes’s right to comply with governmental, court and law enforcement requests or requirements relating to use of the Site or information provided to or gathered by Maui Mike’s with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Maui Mike’s with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Maui Mike’s with respect to the Site. 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.
11 CHANGES TO TERMS
Maui Mike’s reserves the right, in its sole discretion, to change the Terms under which The Site is offered. The most current version of the Terms will supersede all previous versions. Maui Mike’s encourages users to periodically review the Terms to stay informed of our updates.
12 REFUND POLICY
All sales are final. If a user is dissatisfied, that user is encouraged to contact Maui Mike's through the website in order to remedy the dissatisfaction to the best of Maui Mike's capability.
PERSONAL INFORMATION WE COLLECT
When a user visits the Site, we automatically collect certain information about a user’s device, including information about a user’s web browser, IP address, time zone, and some of the cookies that are installed on a user’s device. Additionally, as a user browses the Site, we collect information about the individual web pages or products that a user views, what websites or search terms referred a user to the Site, and information about how a user interacts with the Site. We refer to this automatically-collected information as “Device Information”.
We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on a user’s device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including a user’s IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how a user browses the Site.
Additionally when a user makes a purchase or attempt to make a purchase through the Site, we collect certain information from users, including a user’s name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number. We refer to this information as “Order Information”.
HOW DO WE USE USERS’ PERSONAL INFORMATION?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing a user’s payment information, arranging for shipping, and providing users with invoices and/or order confirmations). Additionally, we use this Order Information to:
- Communicate with users;
- Screen our orders for potential risk or fraud; and
- When in line with the preferences users have shared with us, provide users with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, a user’s IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
SHARING USERS’ PERSONAL INFORMATION
We share users’ Personal Information with third parties to help us use users’ Personal Information, as described above. For example, we use Shopify to power our online store--users can read more about how Shopify uses users’ Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site -- users can read more about how Google uses users’ Personal Information here: https://www.google.com/intl/en/policies/privacy/. Users can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share users’ Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
As described above, we use users’ Personal Information to provide users with targeted advertisements or marketing communications we believe may be of interest to users. For more information about how targeted advertising works, users can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
Users can opt out of targeted advertising by using the links below:
- Facebook: https://www.facebook.com/settings/?tab=ads
- Google: https://www.google.com/settings/ads/anonymous
- Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
Additionally, users can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from users’ browsers.
If users are a European resident, users have the right to access personal information we hold about users and to ask that users’ personal information be corrected, updated, or deleted. If a user would like to exercise this right, please contact us through the contact information below.
Additionally, if a user is European resident we note that we are processing users’ information in order to fulfill contracts we might have with a user (for example if a user makes an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that users’ information will be transferred outside of Europe, including to Canada and the United States.
When a user places an order through the Site, we will maintain a user’s Order Information for our records unless and until a user ask us to delete this information.
Effective as of January 01, 2020