WEBSITE TERMS AND CONDITIONS OF USE
Thank you for visiting www.rhythmhealthandwellness.com (“the Website”), which is owned and provided by Rhythm Health and Wellness, LLC (“Rhythm”) an Arizona limited liability company, referred to herein as the “Company.”
This Website is offered and available to users who are 21 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Accessing the Website and Account Security
The Company reserves the right to withdraw or amend this Website, and any service or material The Company provides on the Website, in its sole discretion without notice. The Company will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, the Company may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
Intellectual Property Rights
The Website and its entire contents, features and functionality including but not limited to all text, content and documents of the Website, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the website, including the design, selection and arrangement thereof (“the Content”) are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, trade secret and other intellectual property or proprietary rights laws.
Limitations on Use
Without limiting the foregoing, the Company has the right to fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Social Media Sites and Third Party Links
These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
a. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
b. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
c. Promote any illegal or irresponsible use of narcotics;
d. Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
f. Be likely to deceive any person;
g. Promote any illegal activity, or advocate, promote or assist any unlawful act.
h. Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
i. Impersonate any person, or misrepresent your identity or affiliation with any person
j. Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or
k. Give the impression that they emanate from or are endorsed the Company or any other person or entity, if this is not the case.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. The Company does not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
Changes to the Website
The Company may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and the Company is under no obligation to update such material.
Information About You and Your Visits to the Website
Online Purchases and Terms of Sale
1. Product Information
Our products are hemp-derived and tested to ensure they contain less than 0.3% THC. We list all required product ingredients and detailed product information on each product detail page. We encourage you to speak with your doctor before adding our products to your routine.
Payment on the Website online store occurs via our CASH APP debit or credit card application using any of the supported
methods (Visa, Mastercard, American Express, or Discover). Payment is due at time of order submission. Charges will show up on your credit card statement as "LDHC".
Residents of Payson, AZ are required to pay sales tax.
4. Shipping Charges
Our shipping fees are not applied to purchases made on the website and picked up at our Payson, AZ retail location. We have a flat rate shipping fee via USPS of $10.00 for our CBD and Hemp based products. Elroy the Elk has a flat rate shipping fee of $15.00. In the event you are purchasing Elroy the Elk in combination with other products, you will only be charged the flat rate shipping fee of $15.00. The shipping fees should be calculated using our purchase calculator and applied when using our Cash App payment processing system. All purchases and payments will be confirmed prior to shipping any product.
5. FDA Disclaimer
The statements made regarding the products on our Site have not been evaluated by the Food and Drug Administration (the “FDA"). The efficacy of these products has not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure or prevent any disease. All information presented here is not meant as a substitute for or alternative to information from health care practitioners. Please consult your health care professional about potential interactions or other possible complications before using any product. The Federal Food, Drug and Cosmetic Act requires this notice.
6. Restricted Locations
We do not sell products which qualify as THC-regulated cannabis material outside of jurisdictions where such activities are legally allowed. We ship only hemp-derived products containing less than 0.3% THC. Please visit a licensed cannabis retailer to purchase cannabis products. Please check back frequently as these restrictions are subject to change.
The owner of the Website is based in the state of Arizona in the United States. the Company provides this Website for use only by persons located in the United States. The Company makes no claims that the Website or any of its content is accessible or appropriate outside of the United States.
Access to the Website may not be legal by certain persons or in certain states or countries. If you access the Website, you do so on your own initiative and are responsible for compliance with federal, state, and local laws.
You understand that THE COMPANY cannot and does not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF- SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR- FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The content of the Website, including text, graphics, images, information obtained from contributors and all other content, is offered on an informational basis only. No content is intended to be a substitute for professional medical advice, diagnosis or treatment. You should always seek the advice and guidance of a qualified health provider before:
(i) Making any adjustment to any medication or treatment protocol you are currently using.
(ii) Stopping any medication or treatment protocol you are currently using.
(iii) Starting any new medication or treatment protocol, whether or not it was discussed on the Website.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS LICENSEES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF
BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Arbitration
Except for disputes brought in small claims court, all disputes arising out of, relating to, or in connection with services, including the Website, shall be determined by arbitration in the City of Phoenix Arizona before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. If this arbitration provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in the Superior Court of Maricopa County, Arizona. You hereby accept the exclusive jurisdiction of such court for this purpose.
Waiver and Severability