Terms and Conditions

Updated on 1/18/2021

This website is owned and operated by America Trading Partner LLC dba cultivaleaf and its affiliates ("cultivaleaf", “we”, “our”, and “us”). Please read this terms of use agreement (the “agreement”) carefully. This agreement, the privacy policy and all other documents referenced herein govern the relationship between you, the site visitor (“you”) and cultivaleaf with respect to your use of the site. By accessing or using this website (the “site”), including using the services and resources available or enabled via the site (each a “service” and collectively, the “services”) by us, completing the registration process, making a purchase, and/or merely browsing the site, you represent that (1) you have read, understand, and agree to be bound by the agreement, (2) you are of legal age to form a binding contract with the company, and (3) you have the authority to enter into the agreement. If you do not agree to be bound by the agreement, you may not access or use this site or the services. Please read these terms carefully, as they contain an agreement to arbitrate and other important information regarding your legal rights, remedies, and obligations. the agreement to arbitrate requires (with limited exception) that you submit claims you have against us to binding and final arbitration, and further (1) you will only be permitted to pursue claims against company on an individual basis, not as a class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

If you subscribe to the services for a term (the “initial term”), then the terms of service will be automatically renewed for additional periods of the same duration as the initial term at company’s then-current fee for such services unless you opt-out of the auto-renewal / decline to renew your subscription in accordance with subscription subsection below.

It is your responsibility to review this agreement periodically. We may revise this agreement at any time without notice to you. If you do not agree to these terms and conditions, please do not use this site or the services.

Please note that the terms are subject to change by cultivaleaf in its sole discretion at any time. When changes are made, cultivaleaf will make a new copy of the terms of service available at the site and any new supplemental terms will be made available from within, or through, the affected service on the site. We will also update the “last updated” date at the top of the terms of service. If we make any material changes, and you have registered with us to create an account (as defined in the registration section below) we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the terms. Any changes to the terms will be effective immediately for new users of the site and/ or services and will be effective thirty (30) days after posting notice of such changes on the site for existing users, provided that any material changes shall be effective for users who have an account with us upon the earlier of thirty (30) days after posting notice of such changes on the site or thirty (30) days after dispatch of an e-mail notice of such changes to registered users (defined in the registration section below). We may require you to provide consent to the updated terms in a specified manner before further use of the site and/or the services is permitted. if you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the site and/or the services. otherwise, your continued use of the site and/or services constitutes your acceptance of such change(s). Please regularly check the site to view the then-current terms.

Cultivaleaf does not offer medical advice, any information accessed through the site and services, or within any of cultivaleaf’s social media pages or channels is for informational and educational purposes only, is not intended to be a substitute for medical advice, diagnosis, or treatment, and is not intended to cover all possible uses, directions, precautions, or adverse effects, such information includes, without limitation, third-party materials, user content, and cultivaleaf generated content derived from user content (e.g., strain highlights, attributes, size, and other data). The information on the site and services and provided via cultivaleaf’s social media pages and channels should not be used for the diagnosis or treatment of any medical condition. Always consult your doctor or other qualified health care provider if you have any questions about a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the site, services, or on cultivaleaf’s social media pages and channels.

Canabinnoids' effects may be different for each person. It is a personalized supplement and may not be effective for some individuals. We cannot guarantee a standard reaction for everyone and the amount needed per individual can vary in order to reach their goals. Any advice or suggestions we are able to make are limited due to restrictions placed on dietary supplements by the FDA or other applicable regulatory body. We suggest reading scholarly articles and doing your own research on the efficacy of cbd and/or hemp-derived products for your particular needs and circumstances. Cannabinoids is a non-psychoactive cannabinoid found in cannabis and hemp, so effects – mental or physical – may not be felt.

This site is intended for users twenty one (21) years of age or older. If you are under twenty one years of age, do not use or access this site for any reason and please exit this site immediately. Ask your parent or guardian to access this site for you.

You must be of legal age required by the state or province you are in to purchase our products. It is your responsibility to know whether you are legally able to purchase our products.

While specific legal limitations do exist, depending on jurisdiction, with respect to the maximum levels of THC permitted in hemp-derived products, cultivaleaf does not take any responsibility regarding legality in specific countries and does not provide legal advice on these issues. Please inform yourself about the legal status of hemp-derived products in your country, as laws are constantly changing and we cannot guarantee delivery. Contact your local authority to verify the legality of hemp and cbd products in your country.

To create an account and/or make purchases through the site, you will be asked to submit certain information, which may include your name and/or a username, email address, and password. Each time you use your password or identification, you will be deemed to be authorized to access and use the site in a manner consistent with this agreement and we have no obligation to investigate the authorization or source of any such access or use of the site.

In order to access certain features of the services, you may be required to link your account with a social networking site or other third party account, such as instagram (“sns” and each such account, a “third-party account”) by allowing us to access your third-party account, as is permitted under the applicable terms and conditions that govern your use of each third-party account. You represent that you have the right to grant us access to your third-party account and the information and content contained therein (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable third-party account and without requiring us to pay any fees or subjecting us to any usage limitations imposed by such third-party service providers. By granting us access to any third-party accounts, we may access, make available and store (if applicable) any photographs, information, data, text, software, graphics, video, messages, tags and/or other materials accessible through the site (“content”) that you have provided to and stored in your third-party account (“sns content”) so that it is available on and through the site via your account. You may also share content obtained or accessed through the services with such third-party account. You have the ability to disable the connection between your account and your third-party accounts at any time by accessing the “settings” section of the site. You represent and warrant the cultivaleaf’s access and use of the sns content will not violate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right. Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers, and we will have no liability for personally identifiable information that may be provided to them by such third-party service providers in violation of the privacy settings that you have set in such third-party accounts. We make no effort to review any sns content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and we are not responsible for any sns content.

You will be solely responsible for all access to and use of this site by anyone using your password and identification whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use.

You are solely responsible for protecting the security and confidentiality of your password and identification. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this site’s security.

The site may allow you to submit, communicate, upload, or otherwise make available ideas, suggestions, messages, documents, proposals, photographs, audio, video, and other content (“user content”), which may be accessible and viewable by other users of the site and used by cultivaleaf in providing you services and products. You alone are responsible for your user content, and once published, it cannot always be withdrawn. You assume all risks associated with your user content, including anyone’s reliance on its accuracy and your right to publish it. You represent that you own, or have the necessary permissions to use and authorize the use of your user content as described herein. You may not imply that your user content is in any way sponsored or endorsed by cultivaleaf.

You may not submit or upload user content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, lewd, offensive, indecent, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity (such user content, “offensive user content”), whether or not such material is protected by law. You agree that you will not use your account or the site to publish or disseminate, or allow any other person to use your account to publish, republish, or disseminate, any offensive user content, nor use profanity in any posting to the site.

You may also expose yourself to liability to cultivaleaf or third parties if, for example, you hold an account and user content contains material that is false, intentionally misleading, or defamatory; violates any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. If you comment about an experience with cultivaleaf or any third party, or write defamatory or inflammatory comments through the site (or repeat, copy, or redistribute the defamatory or inflammatory comments of others), you could also expose yourself to liability.

Taxes. Cultivaleaf’s fees are net of any applicable sales tax. If any services, or payments for any services, under the terms of service are subject to sales tax in any jurisdiction and you have not remitted the applicable sales tax to cultivaleaf, you will be responsible for the payment of such sales tax and any related penalties or interest to the relevant tax authority, and you will indemnify cultivaleaf for any liability or expense we may incur in connection with such sales taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “sales tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that cultivaleaf is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

Withholding taxes. You agree to make all payments of fees to cultivaleaf free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to us will be your sole responsibility, and you will provide cultivaleaf with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.

Your order will be delivered by a third-party provider. Times and cost will vary depending on the destination. Cultivaleaf ships with regular post, ups, fedex, dhl, and/or other providers.

Your order will be delivered to the address specified by the individual that placed the order. If one or more of the items you have ordered are unavailable at the time of order, we will not be able to process your request and will complete a full refund. We will inform you immediately by email if this should be the case.

At the time of your first order, we will request shipping and payment information. You agree that we may update your payment information with information your bank or credit card issuer may supply, or other information available to us.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet will be free of viruses, worms, trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. We do not assume any responsibility or risk for your use of the internet. Tthe content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices we have provided. Investors, borrowers, and other persons should use the content in the same manner as any other educational medium and should not rely on the content to the exclusion of their own judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.

Your use of the cultivaleaf properties is at your own risk. To the fullest extent permitted by applicable law, the content is provided “as is” and “as available” and without any warranties of any kind, express or implied, or statutory. We hereby disclaim all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Except for our warranty found on our site (which is incorporated herein by reference), we make no warranty, express or implied, that the site, services or any services, products, or information obtained on or through the site will meet your requirements or will be uninterrupted, timely, secure, or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. We do not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and we may make changes or improvements at any time. You, and not us, assume the entire cost of all servicing, repair, or correction in the event of any loss or damage arising from the use of this site or its content. We make no warranties that your use of the content will not infringe the rights of others and we do not assume any liability or responsibility for errors or omissions in the content. All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and we do not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete. This section does not affect in any way our return policy or limited warranty for goods purchased on the site. If for any reason you are not satisfied with a purchase you make on the site, please return it in accordance with the terms of our return policy or limited warranty, as applicable.

We accept the following bank or credit cards via greenlight payment, our current processor: apple pay, visa, mastercard, american express and discover.

You may be charged local tax, if applicable. If your payment method is declined, we will attempt to process your charge until the transaction is approved. If we are unable to complete the transaction, we may contact you directly to update your account information.

We are not responsible for any fees or charges that your credit card issuer may apply.

The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier. We do not provide refunds nor exchanges for delivered or opened product.

Please refer to our section FDA Disclaimer.

To the fullest extent permitted by applicable law, in no event shall cultivaleaf be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or relating to this agreement or your use of, or inability to use, the site or services, even if we have been advised of the possibility of such damages. Access to, and use of, the site and services are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data resulting therefrom. Notwithstanding anything to the contrary contained herein, cultivaleaf’s liability to you for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of (a) twenty five us dollars ($25) or (b) amounts you’ve paid cultivaleaf in the prior 12 months (if any). The existence of more than one claim will not enlarge this limit.

You agree to indemnify, defend and hold harmless America Trading Partner LLC, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees, arising out of or resulting from (1) any violation of this agreement, (2) any activity related to use of the site (including negligent or wrongful conduct)by you or any other person accessing the site using your internet account, (3) your ability or inability to use the site and services, including any products purchased thereon, (4) your violation, infringement, or misappropriation of the intellectual property, proprietary or other rights of any third party; (5) a positive drug test; and/or (6) any claim brought because of your possession or use of Cultivaleaf products in your jurisdiction. Cultivaleaf reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the prior written consent of Cultivaleaf. This indemnification section will survive any termination or expiration of this agreement.

This agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the state of florida, without giving effect to any principles of conflicts of law.

This site may link to other websites operated by third parties. We have no control over these linked sites, each of which have separate privacy and data collection practices independent of America Trading Partner LLC. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any third party site, any website accessed from a third party site or any changes or updates to such sites. These linked sites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a third party site and agree that we are not responsible for any loss or damage you may incur from dealing with such a third party site. You should contact the site administrator for the applicable third party site if you have any concerns regarding such links or the content located on any such third party site.

Unenforceable, however, neither you nor we are entitled to arbitration. This arbitration agreement is subject to the federal arbitration act. The arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding any provision in this agreement to the contrary, we agree that if cultivaleaf makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice of to cultivaleaf. Information on AAA and how to start arbitration can be found at www.adr.org or by calling 800-778-7879. If the arbitration in this section provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in broward county, florida. you hereby accept the exclusive jurisdiction of such court for this purpose. This agreement is governed by the laws of the state of florida without regard to conflict of law provisions.

Pre-arbitration dispute resolution. We are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at contact@cultivaleaf.com If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written notice of dispute (“notice”). the notice to us should be sent to the address identified below.

Confidentiality. all aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

At Cultivaleaf, we want to ensure that you are 100% satisfied with your purchase. however, if you are unsatisfied and wish to return an item, let us know within 14 days of receiving it via email to contact@cultivaleaf.com The request must include the order number and the details as to why you are requesting a refund. The product should be returned to us no later than 14 days after we confirm the request of cancellation/ withdrawal. Costs associated with payment and return delivery will be assumed by the customer. Once we have received the returned product, you will receive confirmation of the refund via email by our Cultivaleaf care team.

You are responsible for the state in of the returned products.

Shipping costs are dependent on the items in the order and the selected shipping method. We ask that all customers please allow time for the order to process. This could take up to 1-3 business days. Orders must be processed and clear credit authorization by 12:00 p.m. (noon) est or the order may not be processed until the following business day. Business days are Monday-Friday, excluding observed holidays within the United States.

Once an order is processed and shipped, it may take up to 2 full business days before the package is checked into the delivering carrier’s tracking system after shipment. That means even though your package has already shipped from our warehouse and is on its way to you, the carrier may not be able to provide any information about your package for up to 2 full business days.

Due to our low initial inventory volume we will not offer next or second day shipping. We thank you for your patience with standard shipping and your support on our growth.

Cultivaleaf oil and other products are ships throughout the usa. Any order you place on Cultivaleaf will have the option to send to your country upon completion of the order. If you are ordering from Canada, please email us at contact@cultivaleaf.com.

Rates vary based on total weight and final destination. Pricing does not include duties, insurance costs, or value-added taxes. If assessed, these charges are the responsibility of the package recipient, who will be billed by the local customs office.

If you have questions or concerns about these terms of service, the practices of this site, or if you are interested in reprinting any of the content of this site, please contact us at:

CULTIVALEAF
PO Box 278404
Miramar, FL. 33027