Terms of Service

THESE TERMS OF SERVICE (“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU (THE “USER”) AND DELP CHIROPRACTIC/DR. DELP’S PRO CBD. (“DELP”, “WE”, “OUR”, OR “US”) STATING THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE MOBILE OR WEB-BASED DELP CBD APPLICATIONS (THE “APPLICATIONS”). PLEASE READ THIS AGREEMENT CAREFULLY. BY DOWNLOADING, INSTALLING AND/OR USING THE APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD, INSTALL AND/OR USE THE

APPLICATIONS.

  1. PRIVACY POLICY

Delp respects the privacy of its Users. Please refer to Delp’s Privacy Policy located here which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Applications, you signify your agreement to this Privacy Policy, which is fully incorporated into and is a part of this Agreement.

  1. ABOUT THE APPLICATIONS

The Applications provide web-based and mobile platforms that allows Users to purchase a wide variety of goods.

Delp only provides CBD products containing CBD in those states and territories in which the production, distribution, and possession of CBD is legal under state law. All Users of the Applications are responsible for providing complete and truthful information to Delp and for complying with all applicable laws, regulations and policies at all times. Delp is not responsible for any non-compliance or any resulting civil or criminal penalties.

  1. YOUR SATISFACTION

We value your satisfaction. If you are dissatisfied with one of our products for any reason, we will, at our option, either make efforts to replace the non-conforming product in a timely manner or refund the applicable subscription fees, including delivery charges, and in either case this will be your sole remedy. For clarity, all warranties and promises in this Agreement are only for your benefit and cannot be transferred to anyone else. All refund requests must be made within 30 days of the original purchase.

  1. PRICES, PAYMENTS, AND FEES

Price

Delp reserves the right to determine pricing for the products and the Subscription Service. We will keep pricing information published on the Applications up to date. Delp may change our fees if we give you advance notice of changes before they apply.

 

 

Authorization

You authorize Delp or its third party payment processor to charge all sums for the orders that you make and any level of services you select as described in this Agreement or published by Delp, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, Delp or a third party payment processor may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

By placing an order with us, you agree to the full terms and conditions contained herein, and you will be immediately billed the total amount of your order. We will immediately commence fulfillment of your order.

  1. USER REPRESENTATIONS

You represent that you comply with all related regulations for the purchase of CBD or hemp products under all applicable laws and regulations.

  1. ELIGIBILITY

You need to be at least 18 years old and a resident of the United States to register for and use the Applications. By using the Applications, you represent and warrant that you are at least 18 years old, that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will comply with all applicable laws, regulations, rules and policies at all times. You further represent and warrant that you have not previously been suspended or removed from using the Applications and that you may enter into this Agreement without violating any other agreement to which you are a party.

  1. ACCOUNT REGISTRATION

Each User may create a personalized account to access the Applications, exchange information with other Users, and to receive messages and notifications from Delp. User accounts include a unique username, your email address, you phone number, and a password. If you are a business, we may also need your business license number and other verifying information.

You agree to provide true, accurate, current and complete data for your accounts and to maintain and update account data to keep it true, accurate, current, and complete. You further agree to notify us immediately of any unauthorized use of your password and/or account. You will be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your username, password and/or account. We have the right to provide account data, content or use records, and other information in response to a subpoena, warrant, order or other legal request.

  1. VERIFICATION OF USER IDENTITY

Maintaining a safe and secure User community is very important to Delp. When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property.

 

Any interactions and communications with other Users must comply with respective state laws, regulations and policies. Neither Delp nor its affiliates are responsible for any civil or criminal penalties or consequences for non-compliance. Please review your state and local rules and regulations on marijuana or hemp activity before using the Applications.

NEITHER DELP NOR ITS AFFILIATES ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE APPLICATIONS AND YOU HEREBY RELEASE DELP AND ITS AFFILIATES FROM ANY LIABILITY RELATED THERETO. DELP AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARIING IN CONNECTION WITH YOUR USE OF THE APPLICATIONS.

  1. USE RESTRICTIONS

Your permission to use the Applications is conditioned upon the following use and conduct restrictions.

You agree that you will not under any circumstances: post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive; use the Applications for any unauthorized or unlawful purpose or for the promotion of illegal activities; attempt to, or harass, abuse or harm another person or group; use another User’s account without permission; provide false or inaccurate information when registering an account; interfere or attempt to interfere with the proper functioning of the Applications; make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure; bypass any robot exclusion headers or other measures we take to restrict access to the Applications or use any software, technology, or device to scrape, spider, or crawl the Applications or harvest or manipulate data; or publish or link to malicious content intended to damage or disrupt another User’s browser or computer.

  1. POSTING AND CONTENT RESTRICTIONS

When you create your own personalized account, you may be able to provide content to the Applications, to communicate with other users, and provide information regarding a User’s goods and services (collectively, “User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Applications. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. Delp, however, reserves the right to remove any User Content from the Applications at its discretion.

The following rules pertain to User Content. By transmitting and submitting any User Content while using the Applications, you agree as follows: You are solely responsible for your account and the activity that occurs while signed in to or while using your account; You will not post information that is malicious, false or inaccurate; You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice. You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Applications is solely your responsibility. Delp is not responsible for any public display or misuse of your User Content. Delp does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Applications.

  1. TERMINATION AND SUSPENSION

Delp may terminate or suspend your right to access or use the Applications in the event that we believe that you have breached this Agreement (a “User Breach”) by providing you with email notice of such User Breach and such termination or suspension, and such termination or suspension will be effective immediately upon delivery of notice. We may also terminate or suspend your account without notice if we believe it is required to prevent damage, harm or injury to us or anyone else.

If Delp terminates or suspends your right to access or use the Applications, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Delp reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Even after your right to use the Applications is terminated or suspended, this Agreement will remain enforceable against you. Delp reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Applications at its sole discretion. Delp is not liable to you for any modification or discontinuance of all or any portion of the Applications. Notwithstanding anything to contrary in this Section 12, Delp has the right to restrict anyone from completing registration as a User if Delp believes such person may threaten the safety and integrity of the Applications, or if, in Delp’s discretion, such restriction is necessary to address any other reasonable business concern.

You may terminate this Agreement at any time by ceasing all use of the Applications. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.

 

  1. ONLINE CONTENT DISCLAIMER

Opinions, advice, statements, offers, or other information or content made available through the Applications, but not directly by Delp, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Delp does not guarantee the accuracy, completeness, or usefulness of any information on the Applications and neither does Delp adopt nor endorse, nor is Delp responsible for, the accuracy or reliability of any opinion, advice, or statement made posted or transmitted via the Applications. Delp takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Applications. Under no circumstances will Delp be responsible for any loss, damage or injury resulting from anyone’s reliance on information or other content posted on the Applications, or transmitted to Users.

Though Delp strives to enforce these Terms of Service, you may be exposed to User Content that is inaccurate or objectionable. Delp reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Applications or to limit or deny a User’s access to the Applications or take other appropriate action if a User violates these Terms of Service or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. Delp shall have the right to remove, with or without notice, any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of Users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our Applications, please contact us by clicking here

  1. LINKS TO OTHER SITES AND/OR MATERIALS

As part of the Applications, Delp may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Users. Delp has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or applications available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Delp, and Delp is not responsible for any Third Party Sites accessed through the Applications or any Third Party Applications, Software or Content posted on, available through or installed from the Applications, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by Delp. If you decide to leave the Applications and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Applications or relating to any applications you use or install from the site.

 

  1. COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

Delp respects the intellectual property rights of others and requests that the Users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, Delp has adopted and implemented a policy that provides for the termination in appropriate circumstances of Users of the Application who are repeat infringers. Delp may terminate access for participants or Users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.

If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Applications infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to Delp’s offices at:

DELP CHIROPRACTIC

607 First Avenue,
Zillah, Washington, WA 98953

delpchiropractic@yahoo.com

Please include:

– The date of your notification;

– A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

– A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

– A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;

– Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or email address;

– A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

– A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

  1. LICENSE GRANT

By posting any User Content via the Applications, you expressly grant, and you represent and warrant that you have a right to grant, to Delp a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Applications.

 

  1. INTELLECTUAL PROPERTY

The Applications, all content made available on or through the Applications, including without limitation images, graphics, photos, video, text and sound (“Content”), and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Applications, is owned by Delp, its licensors, vendors, agents and/or its content providers. All elements of the Applications are protected by

intellectual property laws. The Applications may only be used for the intended purpose for which they are made available. The applications, Content and all related rights (including but not limited to copyrights, trademarks and other proprietary rights) are the exclusive property of Delp, its affiliates, or their licensors unless otherwise expressly agreed. You will not remove any trademark, service mark, copyright or other proprietary notices from Content or materials found on the Applications. Other product and company names that are mentioned on the Applications may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.

 

  1. USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

You (a) consent to receive communications from Delp in an electronic form via the email address you have submitted; and (b) agree that all Terms of Service, agreements, notices, disclosures, and other communications that Delp provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

We may also use your email address, to send you other messages, including information about Delp and special offers. You may opt out of such email by changing your account settings or sending an email to us by clicking here or mail to the following postal address:

DELP CHIROPRACTIC

607 First Avenue,
Zillah, Washington, WA 98953

delpchiropractic@yahoo.com

Opting out may prevent you from receiving messages regarding Delp or special offers.

 

  1. WARRANTY DISCLAIMER

THE APPLICATIONS AND GOODS AVAILABLE FOR PURCHASE HEREIN ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, DELP EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE APPLICATIONS OR GOODS, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE APPLICATIONS WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE

OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE APPLICATIONS. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

NEITHER DELP NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR THIRD PARTY.

 

  1. LIMITATION OF DAMAGES; RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DELP, ITS AFFILIATES, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE APPLICATIONS; (C) THE APPLICATIONS GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE APPLICATIONS AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH DELP OR ANY OTHER USER OF THE APPLICATIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DELP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

IN THE EVENT OF ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATED TO THE APPLICATIONS, CONTENT OR GOODS OR SERVICES OFFERED, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE APPLICATIONS. THE AGGREGATE LIABILITY OF DELP, ITS AFFILIATES, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS OR PARTNERS, FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, REGARDLESS OF LEGAL THEORY, IS LIMITED TO THE LESSER OF (A) DIRECT DAMAGES PROVEN BY YOU OR (B) THE AMOUNT OF FEES OR CHARGES PAID BY YOU TO DELP DURING THE 3-MONTH PERIOD BEFORE THE DATE ON WHICH ANY CLAIM AROSE.

If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

 

  1. INDEMNIFICATION

You agree to hold harmless, defend and indemnify Delp, its affiliates, directors, employees, representatives, agents, licensors and partners, and their respective successors and assigns, from all liabilities, losses, damages, deficiencies, claims, causes of action, demands and expenses, (including, but not limited to, reasonable attorneys’ fees), that are due to, arise from or otherwise relate to your conduct or your use or misuse of the Applications, including, without limitation, any actual or threatened suit, demand or claim made against Delp that arises out of or relates to: (i) your violation of any third-party right, including but not limited to any intellectual property rights or other proprietary rights, (ii) your breach of this Agreement, including without limitation your breach of any of your representations and warranties; (iii) any access to or use of Applications with your login credentials; (iv) any content that you store on, post on, or transmit through the Applications; and (v) your violation of any law, rule or regulation of the United States or any other jurisdiction, including without limitation concerning the licensing, cultivation, manufacture, possession, distribution, testing, marketing, purchase, sale and/or transfer of CBD, hemp, and/or products derived therefrom. Delp may assume exclusive control of any defense of any matter subject to indemnification by you, and you agree to cooperate with Delp in such event.

 

  1. MODIFICATION OF TERMS OF SERVICE

We can amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. It is your sole responsibility to check the Applications from time to time to view any such changes in the Agreement. If you continue to use the Applications, you signify your agreement to our revisions to these Terms of Service. However, we will notify you of material chances to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms of Service (other than as set forth in this paragraph) or waiver of Delp’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of Delp. No purported waiver or modification of this Agreement by Delp via telephonic or email communications shall be valid.

  1. GENERAL TERMS

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of Delp to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

You agree that any cause of action related to or arising out of your relationship with Delp must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. Delp and its affiliates will not be responsible for damages or for delays or failures in performance due to due to acts of God, acts of terrorism, civil disorders, rebellion, riots, insurrection, fires, explosions, accidents, floods, vandalism, sabotage, unavailability of equipment, software or parts from vendors, strikes or other labor activity, disputes or conditions, shortages, natural disaster, embargoes, war or unrest, military action, governmental restrictions or action, terrorism or threat of terrorism, computer viruses or worms, computer sabotage, malicious online attacks or other cause beyond their control.

This Agreement including any separate terms and conditions agreed in writing between you and Delp, are the entire agreement between you and Delp, and supersede any prior understandings or agreements whether written or verbal. These Terms of Service and your use of the Applications are governed by the federal laws of the United States of America and the laws of the State of Washington, without regard to conflict of law provisions. You agree that the Uniform Computer Information Transactions Act and the United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.  Delp may assign or delegate these Terms of Service and/or Delp’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Delp’s prior written consent, and any unauthorized assignment and delegation by you is void.

The statements and products on the Delp website have not been evaluated by the FDA. These products are not intended to diagnose, treat, cure, or prevent any disease. By using this site you agree to follow the Privacy Policy and all Terms & Conditions printed on this site. Void Where Prohibited By Law.