This Website is offered and available to commercial entities, specifically commercial sellers and purchasers of hemp derived products (i.e., both sellers and purchasers must hold a valid and current business license in the state of their principle place of business). Access to the Website is subject to verification and approval of Hemp Exchange. By using this Website or seeking access to features on the Website, You represent and warrant that You are of legal age to form a binding contract with Hemp Exchange and meet all of the foregoing eligibility requirements. You further represent and warrant that the individual person completing the registration process has the legal authority to bind the company or business purported to be seeking registration. If You do not meet all of these requirements, You must not access or use the Website. Hemp Exchange may decline registration to the Website or deny access to the Website at its sole discretion.
You acknowledge that a contractual agreement between a buyer and seller of products on The Website is created at the time a buyer receives confirmation from the seller of the buyer’s purchase order. Title to products sold on the Website and risk of loss pass from the seller to the buyer upon delivery of the products to the buyer. Products may be first transported from seller to Hemp Exchange or to a third party of Hemp Exchange’s choosing for verification of the quantity of products being shipped prior to transport to buyer, however at no time does title to the products pass to Hemp Exchange. You agree and acknowledge that the contractual agreement between buyer and seller includes the following terms and obligations: (1) sellers and buyers shall each comply with all applicable federal, state, local, or international laws and/or regulations, (2) photos and Certificates of Analysis provided by sellers in connection to their products are accurate; (3) sellers shall send confirmation of the buyer’s purchase order with 3 business days of receipt, (4) payment from Buyer is due upon receipt of confirmation of purchase order and must be made prior to shipment of goods; (5) sellers shall not be liable for delays or cancellation if caused by a “force majeure” circumstance (e.g., acts of God, natural disasters, severe weather, governmental action, etc.; (6) buyer has seven (7) business days after receiving delivery of products to report any discrepancies or misrepresentations concerning the product to seller (see “Disputes Between Buyers and Sellers” for more information); (7) any estimated delivery dates are approximate with no liability for commercially reasonable delays; and (8) in the event a seller’s product requires the use of a specialized carrier, buyers and sellers will use such a specialized carrier approved by Hemp Exchange and will enter into a written agreement with such specialized carrier, and in the event of conflict between the terms of such written agreement and the terms set forth in this Buyer-Seller Contracts and Risk of Loss section the terms of the written agreement shall control.
If You choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to this Website or portions of it using Your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of Your user name or password or any other breach of security. You also agree to ensure that You exit from Your account at the end of each session. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.
You must not make copies of any materials on this site other than for the purpose of making purchases through the site, modify copies of any materials from this site, delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
The Website may permit users to upload certain content, including but not limited to product information, pricing, photos, video, images, folders, data (“User Content”). You retain copyright and any other intellectual property rights You may hold in such User Content. By posting, publishing, or allowing Hemp Exchange to post such user content on the Website, You grant Hemp Exchange and users of the Website a worldwide, nonexclusive license (with the right to sublicense) to host, store, share, transfer, display, publicly perform, reproduce, modify for the purpose of formatting for display, and distribute Your User Content, in whole or in part, in any media format and through any media channels now known or hereafter developed.
By publishing User Content on The Website, or providing User Content to Hemp Exchange for the purpose of publishing, You represent and warrant that You are the creator and owner of the User Content, or have the necessary licenses, rights, consents and/or permissions to authorize Hemp Exchange and users of The Website to use and distribute the User Content as necessary to exercise the licenses granted by You in this section. You further represent and warrant that Your User Content and use of the User Content on the Website, does not and will not infringe or otherwise violate any third-party right, including but not limited to copyright, trademark, patent, trade secret, moral right, right of publicity, privacy, or any other intellectual property or other legal right, nor slander, defame, or libel any third party.
THE FOLLOWING SECTION LIMITS AND DISCLAIMS WARRANTIES TO YOU BY HEMP EXCHANGE. THIS SECTION DOES NOT LIMIT OR DISCLAIM ANY WARRANTIES OF SELLERS OF PRODUCTS THROUGH THE SITE THAT MAY EXIST BY OPERATION OF LAW, OR ARE OTHERWISE PROVIDED BY SELLERS OF PRODUCTS ON THE WEBSITE.
THE WEBSITE AND ALL MATERIALS, CONTENT AND SERVICES AVAILABLE THROUGH THE WEBSITE, ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS PER HEMP EXCHANGE’S ROLE AS BROKER BETWEEN BUYERS AND SELLERS ON THE WEBSITE, WITHOUT WARRANTY OR CONDITION OF ANY KIND BY HEMP EXCHANGE, EITHER EXPRESS OR IMPLIED. HEMP EXCHANGE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE WEBSITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE WEBSITE, AND ANY PRODUCTS PURCHASED THROUGH THE WEBSITE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. HEMP EXCHANGE DOES NOT WARRANT THAT THE WEBSITE OR ANY PORTION OF THE WEBSITE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE WEBSITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR HEMP EXCHANGE, OR ANY MATERIALS OR CONTENT AVAILABLE ON THE WEBSITE, WILL CREATE ANY WARRANTY REGARDING HEMP EXCHANGE. WITH RESPECT TO LIABILITY OF HEMP EXCHANGE YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE WEBSITE OR ITS SERVICES, YOUR DEALING WITH ANY OTHER USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE WEBSITE OR ITS SERVICES. YOU UNDERSTAND AND AGREE THAT YOU USE THE WEBSITE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE WEBSITE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE WEBSITE, OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE WEBSITE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THE FOREGOING DISCLAIMER OF WARRANTIES DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW
IN NO EVENT WILL HEMP EXCHANGE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITE OR ANY MATERIALS OR CONTENT ON THE WEBSITE, OR ANY PRODUCTS SOLD OR PURCHASED THROUGH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HEMP EXCHANGE HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
THE AGGREGATE LIABILITY OF HEMP EXCHANGE TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE WEBSITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO HEMP EXCHANGE FOR ACCESS TO AND USE OF THE WEBSITE, OR IN BROKER FEES PAID IN CONNECTION TO PRODUCTS SOLD OR PURCHASED THROUGH THE WEBSITE, IN THE 12 MONTHS PRIOR TO THE EVENT(S) OR CIRCUMSTANCES GIVING RISE TO CLAIM; OR (B) $1000.00 (U.S.)
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND HEMP EXCHANGE EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Use the Website in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries), including but not limited to selling or purchasing products through the Website without having acquired all necessary and unexpired government licenses.
- Make any false or misleading representation to Hemp Exchange or users of the Website relating to the description of any product You offer for sale on the Website, the quality of such products, or the quantity of such products available for sale.
- Providing inaccurate information regarding Your identity or the entity that You represent during or after registratio
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Hemp Exchange or users of the Website or expose them to liability.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
In the case of a dispute between buyer and seller arising within seven (7) business days of delivery of product through the Website, Hemp Exchange will use its good offices to help mediate a resolution of the dispute. In the event any component of seller’s COA is tested by the buyer and found to vary by greater than two (2) percentage points from the percentage listed on seller’s most recent COA, the samples of seller’s product collected and held by Hemp Exchange will be sent to a third party lab of Hemp Exchange’s choosing. If the COA returned from Hemp Exchange’s third party lab reflects greater than two (2) percentage points variance in any disputed component of seller’s most recent COA, Hemp Exchange will contact the seller and seller will be required to either 1) lower the price of the product to reflect the third party COA; 2) accept return of product and refund the purchase price to buyer along with all shipping costs and fees; 3) send additional product to compensate for the discrepancy; or 4) follow any other terms seller, buyer, and Hemp Exchange agree to unanimously to resolve the dispute. If the COA returned from Hemp Exchange’s third party lab reflects less than two (2) percentage points variance on any disputed component of seller’s most recent COA, seller’s COA will be considered true and valid and Hemp Exchange will have no obligation to further arbitrate the dispute. In the event that seller’s product is found to be in a state significantly different from seller’s listing (e.g. product listed as milled is actually chopped, product listed as solvent free contains solvents, product listed as no stems contains stems etc.) seller will be required to 1) lower the price of the product to reflect the discrepancy between the listed and actual state; 2) accept return of product and refund the purchase price to buyer along with all shipping costs and fees; 3) send additional product to compensate for the discrepancy; or 4) follow any other terms seller, buyer, and Hemp Exchange agree to unanimously to resolve the dispute. In the event either buyer or seller rejects mediation or if mediation is unsuccessful, the identities of buyer and seller will be released to each other along with all third party tested COA’s of the disputed product.
Users will not knowingly solicit or conduct business with any other user whose identity they first learned as a result of use of the Website without the written permission of Hemp Exchange for a period of two years from the date of their first transaction with such user.
This Website may include content provided by third parties, including materials provided by other users, third-party licensors, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Hemp Exchange, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Hemp Exchange. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.
We 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 we are under no duty to update such material.
The name “Hemp Exchange”, the terms [insert any other Trademarks/company names here], and all related names, logos, product and service names, designs, and slogans are trademarks of Hemp Exchange or its affiliates or licensors. You must not use such marks without the prior written permission of Hemp Exchange. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
You may link to our homepage, provided You do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part[ without our express written consent.
If the Website contains links to other sites and resources provided by third parties, these links are provided for Your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third-party websites linked to this Website, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the state of Oregon in the United States. We provide this Website for use only by persons located in the United States. We make 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 countries. If You access the Website from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws.
This website is operated by Global Exchange Technologies, 450 West 910 South #107 Heber City Utah 84032
All notices of copyright infringement claims should be sent to [email protected]
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected] or Global Exchange Technologies, 450 West 910 South #107 Heber City Utah 84032