Terms and Conditions

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STARTENDER WEBSITE TERMS & CONDITIONS

Use  of this website and all affiliated websites, including all materials,  online services provided by Startender Apothecary LLC, d/b/a Startender  (“Startender”) and all affiliates, and products provided by Startender  and all affiliates, is subject to the following terms and conditions of  use. By using this website you agree without modification to these terms  and conditions and acknowledge reading them. Any reference to “we” in  these terms and conditions refers solely to Startender and its  affiliates.

1. Purchases

a) No purchase from this website may be resold, rebranded, or co-branded, without the express written permission of Startender.

b) Startender does not permit product purchases outside the United States of America.

c)  Products deemed to be defective may be returned for a exchange of  similar value so long as returned within 30 days of purchase. Unopened  products may be returned or exchanged within 30 days of purchase.  Customer is liable for return shipping costs.

d) Courses and coaching programs are not eligible for refund and all sales of such items are considered final.

e)  Startender’s obligations, if any, with regard to its products and  services are governed solely by the agreements pursuant to which they  are provided, and nothing on this Site should be construed to alter such  agreements.

f) Startender may make  changes to any products or services offered on the Site, or to the  applicable prices for any such products or services, at any time,  without notice. The materials on the Site with respect to products and  services may be out of date, and Startender makes no commitment to  update the materials on the Site with respect to such products and  services.

2. Tetrahydrocannabinol (THC) Disclaimer

All  of Startender products are under the .3% limit for THC, as required by  the 2018 Farm Bill. Studies have shown that it is possible that eating  hemp foods and oils can cause confirmed positive results when screening  urine and blood specimens. Accordingly, if you are subject to any form  of drug testing or screening, we recommend that you DO NOT ingest or  otherwise use our products. Prior to consuming or using these products  consult with your healthcare practitioner, drug screening/testing  company or employer. Startender works with suppliers who guarantee a  less than or equal to 0.3% THC content. With these trace amounts of THC,  it is highly unlikely that you will fail a drug test, however,  Startender makes no representation or warranty that a customer will pass  a drug test while using these products.

Because  of constantly evolving laws, it is the purchaser’s sole responsibility  to confirm that hemp products are legal in their locality, state, county  or territory. Startender makes no express or implied warranties or  representations that their products are in compliance with the laws or  regulations of the Purchaser’s jurisdiction. Users of the site who  purchase products expressly indemnify and hold harmless Startender from  any legal claims brought because of the possession or use of Startender  products in the Purchaser’s jurisdiction.

3. Links and E-mail Addresses

Links  posted on this website to other websites are provided only as a  convenience. Startender assumes no responsibility for the content,  security or reliability of any websites to which we have posted links.  Spamming, the unsolicited broadcasts of e-mail addresses or links in  this website, is prohibited and unauthorized.

4. No Information Warranty

The  information presented on this website is provided “as is” and “as  available,” without representation or warranty of any kind. Startender  does not represent or warrant that such information is or will be always  current, complete, or accurate. Any representation or warranty that  might be otherwise implied is expressly disclaimed. You agree that  Startender is not liable to you or others, in any way or for any damages  of any kind, arising from the use of this website, including, but not  limited to, liability or damage caused by viruses contained within the  electronic files of this site or any linked site, regardless of prior  notice to Startender.

5. Intellectual Property

All  text, graphics, user interfaces, visual interfaces, photographs,  trademarks, logos, sounds, music, artwork and computer code  (collectively, “Content”), including but not limited to the design,  structure, selection, coordination, expression, “look and feel,” and  arrangement of such Content, contained on the Site is owned, controlled  or licensed by or to Startender, and is protected by trade dress,  copyright, and trademark laws, and various other intellectual property  rights and unfair competition laws. Except as expressly provided in  these Terms of Use, no part of the Site and no Content may be copied,  reproduced, republished, uploaded, posted, publicly displayed, encoded,  translated, transmitted or distributed in any way (including  “mirroring”) to any other computer, server, Website or other medium for  publication or distribution or for any commercial enterprise, without  Startender’s express prior written consent.

6. Use of the Site

a)  You may make an account on this website, but users are expressly  prohibited from any form of fraud or misrepresentation in any way.  Startender reserves the sole right to terminate a user’s access and  delete a user’s content for any reason, at the sole discretion of  Startender. Startender is not responsible for the content of submissions  by users.

b) You may not infringe  on the intellectual property of any other person or entity through the  use of the website. Any unauthorized use of any other person or entity’s  intellectual property may result in the termination of the User’s  account. However, Startender assumes no responsibity to affirmatively  monitor any other person’s or entity’s use of this Site. You agree to  indemnify and hold harmless Startender for your unauthorized use of any  other person or entity’s intellectual property on the Startender  website.

c) You may post reviews on  the Startender website, but all reviews shall be free of any third-party  manipulation. Startender reserves the right to delete any reviews it  believes are a result of third party manipulation or fail to accurately  reflect questions of fact, such as whether the reviewer actually  purchased the item in question.

d)  You may not use any “deep-link”, “page-scrape”, “robot,” “spider” or  other automatic device, program, algorithm or methodology, or any  similar or equivalent manual process, to access, acquire, copy or  monitor any portion of the Site or any Content, or in any way reproduce  or circumvent the navigational structure or presentation of the Site or  any Content, to obtain or attempt to obtain any materials, documents or  information through any means not purposely made available through the  Site. Startender reserves the right to bar any such activity.

e)  You may not attempt to gain unauthorized access to any portion or  feature of the Site, or any other systems or networks connected to the  Site or to any Startender server, or to any of the services offered on  or through the Site, by hacking, password “mining” or any other  illegitimate means.

f) You may not  probe, scan or test the vulnerability of the Site or any network  connected to the Site, nor breach the security or authentication  measures on the Site or any network connected to the Site. You may not  reverse look-up, trace or seek to trace any information on any other  user of or visitor to the Site, or any other customer of Startender,  including any Startender account not owned by you, to its source, or  exploit the Site or any service or information made available or offered  by or through the Site, in any way where the purpose is to reveal any  information, including but not limited to personal identification or  information, other than your own information, as provided for by the  Site.

g) You agree that you will not  take any action that imposes an unreasonable or disproportionately  large load on the infrastructure of the Site or Startender’s systems or  networks, or any systems or networks connected to the Site or to  Startender.

h) You agree not to use  any device, software or routine to interfere or attempt to interfere  with the proper working of the Site or any transaction being conducted  on the Site, or with any other person’s use of the Site.

i)  You may not forge headers or otherwise manipulate identifiers in order  to disguise the origin of any message or transmittal you send to  Startender on or through the Site or any service offered on or through  the Site. You may not pretend that you are, or that you represent,  someone else, or impersonate any other individual or entity.

j)  You may not use the Site or any Content for any purpose that is  unlawful or prohibited by these Terms of Use, or to solicit the  performance of any illegal activity or other activity which infringes  the rights of Startender or others.

7. No Medical Advice

The  statements regarding Startender products have not been evaluated by the  Food and Drug Administration. This product is not intended to diagnose,  treat, cure, or prevent any disease or illness. Nothing on this site  should be construed to be medical advice. Startender makes no claims  regarding the medical use or benefit of any cannabis product. Any  information on this website is solely for informational purposes. Please  consult your health care professional about potential interactions or  other possible complications before using any product.

8. Disclaimer of Warranty

Startender  makes no warranty, representation or guarantee regarding the  suitability of the products for any particular purpose or the continuing  production of any product. To the maximum extent permitted by  applicable law, Startender disclaims (i) any and all liability arising  out of the application or use of any product, (ii) any and all  liability, including without limitation special, consequential or  incidental damages, and (iii) any and all explicit or implied  warranties, including warranties of fitness for a particular purpose,  non-infringement and merchantability.

9. Limitation of Liability

You  acknowledge and agree that, in no event, shall Startender be liable,  whether in contract, warranty, tort (including negligence or breach of  statutory duty), strict liability, indemnity, contribution, or  otherwise, for any indirect, special, punitive, exemplary incidental or  consequential loss, damage, cost or expense of any kind whatsoever,  howsoever caused, or for any loss of production; cost of procurement of  substitute goods, technology, or services; loss of capital, software,  profit, revenues, contracts or business; cost of rework; loss of  goodwill or anticipated savings; wasted management time, or any claims  by third parties (including but not limited to any defense thereof) even  if Startender has been advised of their possibility or they are  foreseeable. Startender’s total liability on all claims, whether in  contract, warranty, tort (including negligence or breach of statutory  duty), strict liability, indemnity, contribution, or otherwise, shall  not exceed the purchase price of goods or content. These limitations  shall not apply where expressly prohibited by law. You acknowledge that  the foregoing limitations are reasonable and an essential part of these  terms of use.

10. Prices/Taxes

Prices  listed, unless noted otherwise, do not include shipping fees or any  other tax, or value-added component of a product that is sold. Customers  are solely responsible for paying shipping and taxes on our products.

11. Product Availability

We  can limit or cancel quantities of orders, and all purchases are subject  to availability. We may limit or cancel the quantities offered on our  site to anyone, anytime, anywhere. We reserve the right to refuse an  order for any reason or no reason, and refund any monies paid. If an  order is suspected of fraud, we have the right to cancel the order,  and/or contact local authorities.

12. Typographical and Inadvertent Errors

In  the event a product is listed at an incorrect price due to  typographical, photographic, technical or inadvertent error, Startender  shall have the right to refuse or cancel any orders placed for products  listed at the incorrect prices.

13. Jurisdiction

The  terms of this agreement will be governed by the laws of the State of  Colorado. The state and federal courts located in the City and County of  Denver, Colorado shall have exclusive jurisdiction over any case or  controversy arising from or relating to this agreement, this website or  any good or service provided by Startender.

14. Assignment

The rights and obligations created for you under this agreement may not be assigned to any other party.

15. Severability

In  the event that one or more of the provisions of this agreement shall be  found unenforceable, illegal or invalid, it shall not affect any other  provisions of this agreement, and this agreement shall be construed as  if the provision found to be unenforceable, illegal or invalid had never  been contained in the agreement, or unenforceable, illegal or invalid  provision shall be construed, amended and/or reformed to be made  enforceable, legal and valid.

16. Complete Understanding

These  Disclaimers and Terms and Conditions of Use supersede any prior  communication, representations or agreements between you and Startender  and constitutes the complete and final agreement related to the use of  this website or any product or services provided by Startender or brands  of Startender.

17. Modification of These Terms

Startender  reserves the right to change the terms, conditions, and notices under  which this website is available. By using this website or sending us any  personal information, you agree to this policy and are bound to this  policy in effect as of the date of such use.

If you have any questions or concerns about the Terms & Conditions, contact:

Sarah Starner

Startender Apothecary

PO Box 27073

Denver, CO 80227
homemade.startender@gmail.com
Updated: November 1, 2020