DMLcbd.com is owned an operated by Project 1600 Inc (hereto listed as the “Company”).
TERMS of SERVICE AGREEMENT
1. Contact Us
Correspondence can be mailed to
Project 1600 Inc
PO Box 2764
East Hampton, NY 11937
2. Class Action and Arbitration
You and the Company, and its legal entity or any subsidiaries, agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
You agree that any claim or dispute in connection with: (i) the use of this site; (ii) the use and/or purchase of any of our products or services through our website or distributed through our website; (iii) or any information or content stored or viewed on our site; will be resolved by binding arbitration rather than in court, except for certain small claims actions. Arbitration means you are giving up the right to go to Court and assert any rights you may have, except for any matters that do not fall under this arbitration clause as previously mentioned.
Arbitrations under this Agreement will take place on an individual basis, and class actions are not permitted. This agreement does not allow class or collective arbitrations, or class actions, even if arbitration rules would. The arbitration will be binding non-appearance, and initiated through an established alternative dispute resolution provider, and any award shall be confidential and shall remain confidential. Each party is to be responsible for any filing fees to commence arbitration and any costs related to the Arbitration process. Both parties agree to have such arbitration claims heard in New York.
In the event that the law does not permit the abovementioned dispute to be resolved through arbitration, you agree that any actions shall be brought solely in a court of competent jurisdiction located within Suffolk County, New York. The prevailing party in any such action shall be entitled to their reasonable attorney’s fees and costs.
To summarize, both parties agree that they are waiving their right to a trial by jury and that any dispute must be submitted to binding arbitration. By placing an order on our website, you irrevocably waive any right you have to join claims with those of others in the form of a class action or similar procedural device. Any claims relating to your usage of our website or product must be asserted individually.
3. Consult A Physician
The information found on DMLcbd.com is for informational and educational purposes only. As with any health-related product, we recommend that you consult a physician or doctor before using any of our products. You should always speak with your physician or other healthcare professional before adopting any treatment for a health problem or before using any of our products. If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard, avoid, or delay obtaining medical advice from your doctor or other qualified health care provider because something you have read on our Site.
None of the statements made on our website have been affiliated or verified by the FDA. The products or content offered at DMLcbd.com do not diagnose, treat, cure or relieve any medical or health conditions. Neither our website, customer service representatives, employees, affiliates, customers nor any third parties linked to from our website are authorized to provide any medical advice.
4. Information We Require
5. Order Prices, Availability, and Modifications
We reserve the right to cancel your order at any time, for any reason including, but not limited to, mistaken pricing on our website or marketing materials, shortages of materials, increases in price of materials, or any other purpose that we may deem appropriate. Any changes to the Agreement will be effective immediately for new buyers, while any material changes will become effective after thirty (30) days for previous purchases unless they have sent notice to us that they do not agree with the changes and have stopped using our site. Otherwise, your continued use of our site and program constitutes your acceptance of such changes. You agree that we may charge you the applicable price and shipping cost agreed to at the time of checkout, and that all sales are final, and that payment is not refundable once your order has been placed.
6. Shipping and Taxes
Orders generally take about 12 to 14 business days to process and ship. Domestic delivery will take approximately 7 business days from time of shipment. We only ship to addresses located within the United States of America.We only ship to the address listed on your order, and it must be located within the United States of America.We exclusively use PayPal to process credit card orders. You do not need to have a PayPal account to use the service. We use USPS to fulfill our orders. Be sure to check your ship to address before submitting your order. If you enter the wrong address you are fully responsible for any and all losses stemming from the order being delivered to the wrong address. Meaning, if you place an order using the wrong ship to address, and we ship the order to that address, you will NOT be given a refund.
If you have not received your order, or your order is damaged, please contact us immediately at [email protected] Failure to contact us in a timely manner may affect your ability to return any products to us for replacement. You agree that we may charge you any sales, VAT, or nexus taxes collected in your jurisdiction as applicable when receiving any of our products.
7. Return Policy. Cancellation Policy.
ORDERS: If you place an order on our website (order) you have until we ship the order to cancel it. You may cancel your order by emailing us at [email protected] We attempt to ship all orders ship within 48-hours, so please do not hesitate in sending your email. We will try our best to respond to you within 24-hours. Once an order is shipped, the sale is deemed final. If you send an email to us before we ship your product and the email is missed on our side, but is later proven to have been sent, and we still ship your order we will not deny you the option of returning the order unopened.
RETURNS: We do not accept returns. Once an item is shipped the order is deemed complete, and all sales are final.
DAMAGES, WRONG ITEM, MISSING ITEM: If you want to claim the receipt of a damaged item, wrong item, and or a missing item, we reserve the right to demand you send us a photo of the item(s) and or the box as you received it with the label visible. Failure to send us a photo may result in us rejecting your claim. Once a claim is filed via email at [email protected], we will respond to you within 24-hours to help you receive the item(s) you paid for by either replacing the product or shipping an entirely new order.
Please consult with your doctor prior to ordering from us.
8. Copyright and Trademark
Our website contains unique content owned exclusively by us, including the text and graphics. We cannot allow this text to be copied, as it harms our search engine rankings and promotes third parties at our expense. Any unauthorized use of our copyrighted content is prohibited.
The Company relies on its trademarks and trade dress to distinguish itself from competitors, profit from its marketing efforts, and ensure that its product image remains positive in the eyes of the consumer. As such, any unauthorized use of our trademark or trade dress, including copying the look and feel of our website or product design, is prohibited.
Furthermore, we may, but are not obligated to, permit the submission of content generated by our users. You agree that if you submit any content to us, you are granting us a non-exclusive, irrevocable, universal right to reproduce the content for any reason and in any form, for the sole advantage of DMLcbd.com, financially or otherwise.
We take copyright infringement very seriously. If you believe that your copyrighted material has been infringed on our website, please send a valid DMCA notice to [email protected]
We cannot be held responsible for any alleged copyright claim against a third-party affiliate website, a website not under our ownership or control, or a unassociated website that may link to our content or order form, or reference or review our CBD products. Please address those concerns to the owner of the website in question.
9. Representations and Warranties
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER DMLcbd NOR ANY OF THEIR RESPECTIVE AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER DMLcbd NOR ANY OF THEIR RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
10. Limitations and Liability
DMLCBD.com, THE COMPANY AND DENNIS MICHAEL LYNCH DOES NOT ASSUME ANY RESPONSIBILITY, OR WILL BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF THIS SITE OR PRODUCTS FOUND, OR BROWSING THIS SITE, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS SITE. IN NO EVENT WILL DMLcbd, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON OUR SITE. WE ARE NOT RESPONSIBLE FOR YOUR USAGE OF OUR PRODUCTS IF THEY ARE NOT ALLOWED FOR USAGE BY ANY PROFESSIONAL OR AMATEUR SPORTING GOVERNING BODIES, USE AT YOUR OWN RISK IF YOU PARTICIPATE IN ANY ORGANIZATIONAL ACTIVITY THAT BANS THE USE OF SUCH PRODUCTS.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. YOUR ABILITY TO USE OUR SITE IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. IN THE EVENT THAT WE MAY NOT LIMIT OUR LIABILITY IN YOUR JURISDICTION, YOU AGREE OUR TOTAL LIABILITY TO YOU IS NOT MORE THAN $100 U.S. DOLLARS OR THE TOTAL AMOUNT YOU SPENT WHILE USING OUR SITE, PRODUCTS, AND SERVICE WITHIN THE LAST SIX MONTHS, WHICHEVER IS GREATER.
11. Third-Party Websites
We may provide links to third party websites containing reviews, health information, studies, or other content that our customers may be interested in reading. We are not responsible for the content on these third party websites and you use it at your own peril. Please not that any authorization by us to reproduce our own content, trademarks, or trade dress, does not extend to the reproduction of that of a third party website.
You agree that if any third party claims against us or damage directly to us occurs as a result of your use of our website, product, or any other good or service provided by us, you will indemnify us for those claims and/or damages, including by paying our reasonably attorneys’ fees and court costs.
13. Choice of Law
In order to keep our business relations with our customers consistent, we had elected a single jurisdiction’s laws to apply to all transactions in the event that our dispute cannot be heard through arbitration. You agree that this Agreement, and any purchases with us, shall be governed solely by the laws applicable to New York.
14. Force Majeure
You agree not to hold us liable for any disruption of our service or failure to deliver our product for any reason beyond our control, including, but not limited to, acts of God, natural disasters, war, insurrection, terrorism, riots, criminal acts, labor shortages, labor strikes (both lawful and unlawful), postal service or courier service disruption, infrastructure disruption, communication failure, material shortages, or any other circumstance that may be beyond our control.
Any failure on our part to enforce any provision of this Agreement is our right and shall not constitute a waiver of our right to enforce that or any other provision.
Should any provision of this Agreement be unlawful, void, or otherwise legally unenforceable, the rest of the Agreement shall remain enforce as though the unenforceable provision had not been a part of this Agreement.
17. California Users
We are not a California corporation and does not have offices or conduct significant business operations in the State of California. We provide these notices purely for informational purposes to California residents, and does not waive its right to dispute jurisdiction over it by any California regulatory authority or court.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about our product must be addressed to our proper corporate agent for notice and sent via email to: [email protected] Pursuant to California Civil Code Section 17200 and Section 17500, DMLcbd expressly requires that pre-litigation notice of any UCL claim be served on the proper Corporate Agent prior to the filing of any Summons or Complaint.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
18. Domestic Law Compliance
The Cannabidiol (CBD) in DMLcbd is a natural constituent of industrial hemp plant material grown in the United States of America. All CBD products distributed or promoted by this website comply with federal law as promulgated in the 2014 US Farm Bill (7 USC § 7606) and the laws of the State of New York. DMLcbd does not sell or distribute any products that are in violation of the United States Controlled Substances Act (US CSA). This website makes no warranties or claims regarding the application of the laws of foreign jurisdictions.
We may amend this Agreement from time to time as we see fit. Through your continued use of our website or ordering of our product, you agree to any changes that we may make. It is your responsibility to check our “Terms of Service” page each time that you visit our website to ensure that you are up to date with any amendments.
SECTION 1 – AGE RESTRICTIONS ON ACCESS AND PURCHASES
You must be at least 18 years old to access this site. 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.
SECTION 2 – WHAT INFORMATION DO WE GATHER AND WHAT DO WE DO WITH IT?
When you visit our site, some information is automatically collected. This may include information such as the Operating System (OS) running on your device, Internet Protocol (IP) address (which may be used to obtain your geolocation), access times, browser type, and language, and the website you visited before our site. We also collect information about how you use our site, including the elements you have interacted with, metadata and other details about these elements, change states and other user actions.
Email marketing: By providing us with your email address, you are giving us permission to send you emails about our store, new products and other updates. You have the opportunity to unsubscribe from these emails at any time by clicking the “Unsubscribe” button included at the bottom of each email.
How we use your information. In general, we use the information we collect primarily to provide, maintain, protect and improve our current site and products and to develop new products. We use personal information collected through our site as described below and described elsewhere in this Policy to:
Facilitate the creation of and securing of your Account on our network;
Identify you as a user in our system;
Improve our products, site, and how we operate our business;
Understand and enhance your experience using our site and products;
Provide and deliver the products and services you request;
Respond to your comments or questions and for our Support team to provide service;
Send you related information, including confirmations, invoices, technical notices, updates, security alerts and support and administrative messages;
Communicate with you about promotions, upcoming events and news about products and services offered by Dennis Michael Lynch (DML), DMLcbd.com, DMLNewsApp.com, and all DML’s companies and selected partners, and for other marketing purposes of DML related brands;
Link or combine your information with other information we get from third parties to help understand your needs and provide you with better service; and
Protect, investigate and deter against fraudulent, unauthorized or illegal activity.
SECTION 3 – CONSENT
How do you get my consent?
By providing us with personal information to complete a transaction, placing an order, arranging for a delivery or returning a purchase you are consenting to our collecting and using your information (your credit card information is discussed in Section 4 below).
How do I withdraw my consent?
You may withdraw your consent for us to contact you by clicking the “Unsubscribe” button included at the bottom of each email or contacting us at [email protected] or mailing us at:
DMLcbd c/o Project 1600 Inc
501 Montauk Hwy
Amagansett, NY 11930
SECTION 4 – DISCLOSURE
We do not share your personal information with third parties without your consent other than with the following:
Lawful Requests. To comply with laws or to respond to lawful requests and legal process (provided that we will endeavor to notify you at the address you have given us if we have received a lawful request for your information);
Emergency. In an emergency, including to protect the personal safety of any person; and
Corporate Restructuring. For the purposes of a business deal (or negotiation of a business deal) involving a sale or transfer of all or a part of our business or assets (business deals may include, for example, any merger, financing, acquisition, divestiture or dissolution transaction or proceeding). In the event of an insolvency, bankruptcy, or receivership, personal information may also be transferred as a business asset. If another company acquires our company, business or assets, that company will also acquire and possess the personal information collected by us and will assume the rights and obligations regarding your personal information as described in this Policy.
SECTION 5 – PAYMENT PROCESSING
Payment: If you buy from our website, you must use PayPal. We do not see or store your credit card information during or after the payment process. Your credit card information is never stored for use beyond your current transaction.
SECTION 6 – THIRD-PARTY SERVICES
Our Policy does not cover any third party services. To learn about those third parties’ privacy practices, please read their privacy policies.
Links: When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy policies.
SECTION 7 – SECURITY
To protect your personal information, we take reasonable precautions and follow generally accepted industry practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. Your personal information is protected by your password – never share this password with anyone. DMLcbd will never contact you to ask you for your password.
SECTION 8 – AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you consent to any of your minor dependents using this site. This website is not intended for adults under 18 years old.
SECTION 9 – U.S. LAW APPLIES
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you (other than that information automatically generated by your use of our site), register a complaint, or simply want more information contact our customer service team at [email protected] or by mail at:
PO Box 2764
East Hampton, NY 11937
Representations regarding the efficacy and safety of the products listed and sold on this website have not been evaluated by the Food and Drug Administration. The FDA only evaluates foods and drugs, and not CBD products. These products are not intended to diagnose, prevent, treat, or cure any disease.
The statements on this website and the Company’s product labels have not been evaluated by the FDA and are not intended to diagnose, treat, or cure any disease. Always check with your physician before starting a new supplement program.
The Cannabidiol (CBD) used in the products listed and sold on this website are grown in the United States of America. The Company does not sell or distribute any products that are in violation of the United States Controlled Substances Act (US CSA).
There is no current cure or treatment for COVID-19, and we do not suggest in any way that our products will help cure or treat, nor prevent COVID-19.
TESTING: All products sold on this website are tested on a sample basis per batch created. Most of the ingredients we use have been tested before manufacturing, and then testing is conducted once the ingredients are combined to make our final products. The final product testing is spot tested on the batch level by Pro Verde labs. Thus, in many cases the products sold by us have been double tested, meaning they are tested on the ingredients level, and on a finished product batch level.
SAFETY: We cannot answer medical questions or provide advise based on your medical history. You should speak with a doctor before taking any products with CBD. If you are vulnerable to rashes or skin reactions of any kind, or if you are allergic to essential oils or natural products, or plant based products, please contact your doctor before taking the CBD products listed on this website for sale.