AGE VERIFICATION INFORMATION
NOTE TO CLIENT: Unfortunately, there is no uniform standard across the nation for a minimum age for hemp purchase. In Tennessee, the minimum age for all industrial hemp is currently 18 years of age. Beginning January 1, 2021, pursuant to State of Tennessee 2020 Public Chapter No. 732, the minimum age for the purchase of “smoking hemp” will increase from 18 to 21 years of age. The Tennessee Department of Agriculture (TDA) is preparing to implement the new state law that mirrors the change to federal tobacco sales minimum age requirements. Public Chapter No. 732 raises the state tobacco sale minimum age required from 18 to 21. The law will go into effect beginning January 1, 2021. Nationally, the 2014 Farm Bill set the minimum age for purchase of industrial hemp at 18, however, the individual states can implement tighter restrictions if they wish. The language that I suggest is below.
Age Verification Disclaimer
You must be at least 18 years old to access this Site. 3EH requires visitors of this Site to verify that they are at least 18 years of age. If you are under 18 years old, you are not permitted to use this site for any reason. 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.
We reserve the right to change these Terms from time to time without notice. The date of the latest version of these Terms is indicated at the end of these Terms. You acknowledge and agree that it is your responsibility to review these Terms periodically to familiarize yourself with any modifications. Your continued use of our Website after such modifications will constitute acknowledgment and agreement of the modified terms and conditions. If you do not wish to be bound by these Terms, do not access our Website and do not purchase our products or services.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR WEBSITE
Responsible Use and Conduct
By visiting our Website and accessing and using the information, resources, services, and tools we provide for you, and purchasing our products or services, either directly or indirectly (our “Resources”), you agree to use these Resources only for the purposes intended as permitted by (a) these Terms, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
You further understand that:
In order to access our Resources, you may be required to provide certain personal information about yourself (such as identification, contact details, etc.) as part of a registration process, as part of your ability to use the Resources, or your ability to buy our products or services. You agree that any information you provide will always be accurate, correct, and up to date.
You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account(s). Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
We may provide various open communication tools on our Website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. (“Your Submissions”). You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our Website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
Contains any type of unauthorized or unsolicited advertising; or
Impersonates any person or entity, including any 3EH employees or representatives.
We have the right at our sole discretion to remove any content that we feel in our judgment does not comply with these Terms, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
When you provide Your Submissions on our Website, you grant to 3EH a non-exclusive, royalty-free, fully paid, perpetual, worldwide, irrevocable and fully sub-licensable and transferable (in whole or in part) license under all copyrights, trademarks, privacy and publicity rights you own or control to: (i) use, reproduce, transmit, modify, index, adapt, publish, translate, distribute, display and otherwise exploit such content throughout the world in any media, whether now known or hereafter invented, including for any and all purposes, including commercial or marketing purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity, and (ii) to use your name, persona or likeness alone or in connection with such uses, without any obligation or remuneration to you.
Not Healthcare Advice
Our Website is not intended to provide medical advice, diagnosis or treatment. The Resources, including our products and services, provided on and through our Website, including information that may be provided on our Website directly or via linking to third-party sites by a healthcare or nutrition professional, are provided for informational purposes only. Please consult with your physician or other healthcare professional (collectively, “Healthcare Professional”) regarding any medical or health-related diagnosis or treatment options.
You should always consult with your Healthcare Professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before using any medication or nutritional, herbal or homeopathic product; before starting any diet or exercise program; or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product. You should also consult your Healthcare Professional regarding any interactions between any medication you are currently taking and any of the products that we offer direct and through our third-party supplier/partners. These products include, but are not limited to, industrial hemp/cannabis products.
3EH employees, consultants and agents may publicly describe their experiences with specific 3EH products. Any comments made by such employees, consultants and agents that are not endorsed specifically by 3EH are strictly their own personal views made in their personally capacity. These comments are not claims made by 3EH nor do they represent the view or position of 3EH.
By using our Website, you understand and agree that all Resources we provide are “as is” and “as available.” 3EH makes no representations, guarantees, or warranties about the suitability, completeness, timeliness, reliability, legality, or accuracy of our Resources available on this website for any purpose, and expressly disclaims (to the fullest extent of the law) all warranties, express or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose, or non-infringement.
This means that we do not represent or warrant to you that the:
Use of our Resources will meet your needs or requirements.
Use of our Resources will be uninterrupted, timely, secure or free from errors.
Information obtained by using our Resources will be accurate or reliable, and
Defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
Any content downloaded or otherwise obtained using our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
No information or advice, whether expressed, implied, oral or written, obtained by you from 3EH or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in these Terms.
Limitation of Liability
Per governing U.S. Federal law, 3EH is able to ship industrial hemp/CBD products to all fifty states. Though industrial hemp, as defined in the 2018 Farm Bill, is federally legal, Industrial hemp laws vary by state with some states imposing strict regulation, or even prohibition, of the possession and use of industrial hemp products. Due to the ever-changing and evolving state of industrial hemp regulations and restrictions in all fifty states, 3EH must leave the ultimate ability and choice of whether to purchase, possess, and use industrial hemp products to the User/individual consumer.
IT IS YOUR RESPONSIBILITY AS USER/INDIVIDUAL CONSUMER TO KNOW AND UNDERSTAND THE INDUSTRIAL HEMP LAWS OF YOUR STATE, JURISDICTION, OR TERRITORY WHICH GOVERN THE PURCHASE, POSSESSION, AND USE OF INDUSTRIAL HEMP PRODUCTS.
To the full extent allowed by applicable law and in conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the lesser of $100 or the amount you paid, if any, for the use or purchase of our products and/or services. 3EH will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using or purchasing our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime, whether foreseeable or not, and even if 3EH had been advised of the possibility of such damages.
Your sole and exclusive remedy for any claims or disputes involving us that are not waived by these Terms will be to discontinue your use of our Website and to seek a refund of the money you paid to us, capped in accordance with the prior paragraph.
You agree to indemnify and hold harmless 3EH and its affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (i) any violation of these Terms or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account; or (ii) your use of our Resources, including our products or services. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such event, you shall provide us with such cooperation as is reasonably requested by us. You may not settle any claim covered by this indemnification provision or admit any liability on the part of 3EH without the company’s prior written approval. Copyrights/Trademarks
All content and materials available on our Website, including but not limited to text, graphics, site name, code, images and logos are the intellectual property of 3EH or the intellectual property of 3EH affiliates and/or 3EH product suppliers and/or vendors, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on our Website is strictly prohibited, unless specifically authorized by 3EH. Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Website and Resources with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information. Governing Law
Our Website is controlled by 3EH from our offices located in the State of Tennessee, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of Tennessee, by accessing our Website, you agree that the statutes and laws of Tennessee, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of our Website and the purchase of any products or services through it.
Furthermore, any action to enforce these Terms shall be brought in the federal or state courts located in Nashville, Tennessee, USA. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
UNLESS OTHERWISE EXPRESSED, 3EH EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Entire Agreement; Severability; No Waiver
Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of that right or provision or any other rights or provisions included within the Terms.
Products for Personal Use
The products available on our Website, and any samples we may provide to you, are for personal use only. You may not sell or resell any of the products or samples you purchase or otherwise receive from us. By purchasing any product through us, you agree not to offer the products or samples for resale. We reserve the right, with or without notice, to cancel, substitute or reduce the quantity of any order to be filled or products to be provided to you that we believe, in our sole discretion, may result in the violation of these Terms. We work hard at 3EH to curate the highest-quality, unique products for our individual product offerings (“Products”) and boxes of curated Products (“Subscription Boxes”). We work with many small, independently owned business and by the nature of these often small business models, products can become unavailable from time to time, thus resulting in substitute product offerings. Order Acceptance
Please note that there may be certain orders that we are unable to accept or fulfill and must substitute or cancel. We reserve the right, at our sole discretion, to refuse, substitute, or cancel any order for any reason. Your credit card or other approved method of payment will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Pricing or Typographical Errors
We work hard to provide accurate Product and pricing information. However, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or Product information, 3EH shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, we will either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice. Cancellation Policy
Automatic Renewal Terms. If you are placing an order online or by telephone as part of our Subscription Box automatic renewal program, your membership in the program will remain in effect until it is cancelled. We may, in our sole discretion, terminate your membership in the program at any time without notice to you.
IF YOU ARE A MEMBER OF OUR SUBSCRIPTION BOX AUTOMATIC RENEWAL PROGRAM AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH SHIPMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SUCCESSIVE SHIPMENT AND/OR INSTALLMENT AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN OUR SUBSCRIPTION BOX AUTOMATIC RENEWAL PROGRAM, YOU MAY DO SO BYCANCELING YOUR SUBSCRIPTION INSIDE OF YOUR ACCOUNT. YOU CAN ALSO SEND US A MESSAGE BY VISITING THE “CONTACT US” SECTION OF OUR WEBSITE AND BY SELECTING “I AM A SUBSCRIBER” FROM THE DROPDOWN MENU. FOR ADDITIONAL ASSISTANCE OR QUESTIONS, PLEASE REFER TO OUR FAQ PAGE.
You are obligated to provide current, complete, and accurate information for your billing account. You are responsible for promptly updating all information to keep your billing account current, complete, and accurate (e.g., change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid (e.g., loss or theft). Changes to such information can be made by sending us a message through the “Contact Us” section of our website. You may also update your billing information directly in your account. If you fail to timely update your credit card information, your membership in our automatic renewal program may be terminated and your account may be sent for collection.
Limited Edition Gift/Gift Credits/Special Offer Purchases (“Limited Edition Offerings”)
On occasion, for limited times only, 3EH website visitors may purchase Limited Edition Offerings as a one-time order at www.3rdeyehi.com. The product values and purchase prices will vary based upon the specific promotion. All Limited Edition Offerings are eligible for 3EH’s 30-day money-back guarantee. Gift Credits
Payment is processed and settled at the time of purchase. Immediately following order placement, the purchaser will receive an email from 3EH containing a discount code and instructions to redeem the credit. As soon as the recipient enters the code in their online account (3EH.com/account), the credit will automatically apply to each refill within the credit period. Shipping Policy and Return Policy
Products will be shipped FOB from our fulfillment services partner and all risk of loss shall pass to you immediately upon our delivery of the Products to a common carrier. You are solely responsible for providing us with accurate shipping information and a valid phone number or email address. In the event that any Product is returned to us as a result of your failure to provide us with accurate shipping information, you shall be responsible for any additional shipping fees or other charges that may be applied to the return of the Product to us or in re-sending the Product to you.
Please note that refunds will not be issued for any order that is refused or abandoned by the intended recipient, orders that cannot be delivered due to an address error, or orders seized by Customs.
Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Once an order is received and processed for shipping Customer will receive via email to the email address provided to 3EH by Customer containing Customer’s shipment tracking information.
This applies to ALL shipping methods.
Force Majeure: Please note that the receipt of orders may be delayed or even cancelled due to circumstances beyond the control of 3EH. These circumstances may include but are not limited to circumstances resulting from or related to: a pandemic, epidemic or similar event, a governmental shutdown or restriction, labor union strike, or natural disaster.
Shipping Methods and Delivery Times:
UPS Ground, FedEx Ground 3-7 business days, based on delivery destination. Expedited shipping:
FedEx Express Saver, FedEx 2 Day 2-3 business days from ship date.
Please note: Shipping costs will vary by package weight and shipping destination. This cost will be calculated before you confirm your order. Please note:
We cannot ship to PO Boxes.
UPS and FedEx do not deliver on weekends or federal holidays.
3EH will not be held responsible for lost or delayed packages. If your order is lost or delayed, please contact your shipping carrier.
International shipment rates vary based on total package weight and final destination. Pricing on our Website does not include duties, insurance costs, tariffs, or value-added taxes (VAT), sales taxes or other international costs/taxes. Free shipping promotions do not apply to international orders.
If you place an order for shipment to an international address, you will be responsible for paying any VAT and other taxes, tariffs, import or export duties, and other similar taxes, duties or fees attributable to such orders. These taxes, duties and fees, if assessed, are the sole responsibility of the package recipient, who will be billed for them by the local Customs office. We suggest you check with your local Customs office for any documents you may need before placing your order.
Returns/Replacements/Exchanges (“Return Policy”)
NO REFUNDS OR EXCHANGES: 3EH does not accept any returns of Subscription Boxes and/or individual products contained within Subscription Boxes. However, 3EH does offer a “no questions asked” refund, replacement, or substitute of individual products that are defective upon receipt, subject to 3EH timely receiving per the procedures contained herein, and approving at 3EH’s sole discretion, proof of the product defect.
Heat-sensitive products and Subscription Boxes containing heat-sensitive products are not eligible for returns or replacements.
The cost of returning the product is at your expense as we do not charge a restocking fee. Please include the original invoice with your return shipment to ensure we are able to locate your original order/payment method and provide a tracking number for us to validate the return as fast as possible. Not providing a tracking number will result in delays of a refund, replacement or substitution of a defective product. Whether to process a defective product exchange as a refund, replacement or substation of the defective product is solely within the discretion of 3EH. In the event 3EH offers to process a refund, replacement or substitution of a product, additional shipping fees, VAT, or duty charges may apply.
If you have any questions regarding our consumer return policy, please contact our Customer Experience team though the Contact Us page of this Site..
International Shipments: 3EH is not liable for delays or losses during import and is unable to refund shipping charges for orders that are denied entry. Customers are responsible for any additional import taxes or fees. Due to legal requirements, we cannot ship certain products internationally and cannot ship Industrial Hemp to certain foreign countries and/or territories.
For any questions, please contact us through the Contact Us page of this Site.
3EH reserves the right to revise, modify or change this Return Policy at any time upon reasonable notice, and may, decide not to issue a refund, placement or substitution to any person it believes is abusing this Return Policy. Any revision, modification or change to the Return Policy will be binding and effective immediately after posting on this Site. You (the customer and/or User) agree to periodically review our website, particularly the Return Policy to see if any revisions to the Policy have been made.
If your refund request is outside of the 30-day guarantee, we are unable to issue a refund or offer credit. Additionally, if you cancel your subscription and reactivate that same subscription at a later date, you are no longer eligible for a refund.
If your shipment is returned to sender, we will contact you within 30 days and offer to reship your order. No refunds will be issued for product shipments returned to sender.
Subscription Box Billing Terms
By purchasing a Subscription Box, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by 3EH after the expiration date of your payment card.
Your subscription will be automatically renewed for successive monthly periods and your payment method will automatically be charged for each successive monthly period at the then-current subscription rate until you cancel your monthly subscription renewal.