Terms and Conditions

 

Radlands CBD provides access to our website and applications subject to the conditions set forth in these Terms of Use.

AGREEMENT AND SERVICES

For purposes of these Terms of Use, the term “Radlands CBD” refers to Radlands CBD, the term “Affiliates” means, with respect to any party, any person or entity which controls, is controlled by, or is under common control with, such party, and the term “Radlands CBD Offerings” means the web sites of Radlands CBD, including www.radlandscbd.com, or any other sites on which these Terms of Use are posted, and any other Radlands CBD application, service or product licensed, downloaded or otherwise accessed by you through third-party sites or sources, including the products and services available through any of the foregoing. Applications include, but are not limited to, Radlands CBD’s website. Use of the Radlands CBD Offerings is also governed by our Privacy Policy.

ELECTRONIC COMMUNICATIONS

When you access a Radlands CBD Offering, send e-mails or electronically chat with Radlands CBD, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices in the Radlands CBD Offerings. You agree that all agreements, notices, disclosures and other communications that Radlands CBD provides to you electronically satisfy any legal requirement that such communications be in writing.

REVIEWS, COMMUNICATIONS AND SUBMISSIONS

Generally

Without limiting the scope of these Terms of Use, you agree to comply with the following requirements when you submit reviews, forum posts and other content via any Radlands CBD Offering. Inappropriate, obscene,
defamatory, offensive language, crude or explicit sexual content, discussions of any matters which are explicitly or by inference illegal in any way, discussions of illegal or any other drugs, and racially and ethnically offensive speech are examples of unsuitable content that are not permitted within the Radlands CBD Offerings. Content standards may vary depending on where you are within a Radlands CBD Offering and the expectations of the relevant game community. Some game play may involve use of stronger language than others, including mild expletives. You should always use your best and most respectful and conservative judgment in interacting as part of any game
play, and submitting any content, such as a review or post to any forums or message boards, within a Radlands CBD Offering.

We expressly reserve the right, but have no obligation, to: (a) monitor any communications within the Radlands CBD Offerings, including, without limitation, to ensure that appropriate standards of online conduct are being observed, and (b) immediately or at any time remove any content that we deem objectionable or unsuitable in our sole discretion. Radlands CBD does not endorse, approve, or prescreen any content that you or other users post or communicate on or through any Radlands CBD Offerings. Radlands CBD does not assume any responsibility or liability for any content that is generated, posted or communicated by any user on or through the Radlands CBD Offerings. You agree to indemnify Radlands CBD and each of their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from any liability or damages arising out of or resulting from any content you post or communicate on or through the Radlands CBD Offerings.

Without limiting the generality of these policies and standards, the following actions are examples of behavior that violate these Terms of Use and may result in any or all of your Radlands CBD account(s) being immediately suspended or terminated:

  • Posting, transmitting, promoting, or distributing any content that is illegal.
  • Harassing or threatening any other user of a Radlands CBD Offering or any employee or contractor of Radlands CBD.
  • Impersonating another person, indicating that you are a Radlands CBD employee or a representative
    of Radlands CBD (if you are not), or attempting to mislead users by indicating that you represent Radlands CBD in any way.
  • Attempting to obtain a password, other account information, or other private information from any other user of a Radlands CBD Offering.
  • Uploading any software, files, photos, images or any other content to a Radlands CBD Offering that you do not own or have the legal right to freely distribute, or that contain a virus or corrupted data, or any other malicious or invasive code or program.
  • Posting messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, political campaigning, soliciting funds, mass mailings and sending “spam”, or making any commercial use of any Radlands CBD Offering.
  • Disrupting the normal flow of dialogue, or otherwise acting in a manner that negatively affects or disrupts other users.
  • Improperly using any game support functions or complaint buttons, or making false complaints or other reports to Radlands CBD representatives.
  • Posting or communicating any player’s real-world personal information within a Radlands CBD Offering or by or through a Radlands CBD Offering or any related bulletin board.
  • Uploading or transmitting, or attempting to upload or transmit, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, gifs, 1×1 pixels, web bugs, and other similar devices.
  • Using or launching any automated system, including, without limitation, any spider, bot, cheat utility, scraper or offline reader that accesses a Radlands CBD Offering, or using or launching any unauthorized script or other software.
  • Using a false e-mail address or otherwise disguising the source of any content that you submit within a Radlands CBD Offering, or using tools which anonymize your internet protocol address.
  • Interfering or circumventing any Radlands CBD Offering security feature or any feature that restricts or enforces limitations on use of or access to a Radlands CBD Offering.
  • Attempting to sell any part of a Radlands CBD Offering, including, without limitation, any virtual
    items (if applicable), Radlands CBD accounts and access to them in exchange for real currency or items of monetary or other value.
  • Engaging in cheating or any other activity that Radlands CBD deems to be in conflict with the spirit of a Radlands CBD Offering.

Public Nature of Communications

You acknowledge and agree that your submitted content, including your reviews and your communications with other users via online messaging, private messaging, forums or bulletin boards, and any other similar types of communications and submissions on or through any Radlands CBD Offering, are non-confidential, public communications, and you have no expectation of privacy concerning your use of or participation in any Radlands CBD Offerings (other than with respect to the information you provide to us in establishing your Radlands CBD account(s), if applicable). You acknowledge that personal information that you communicate publicly within any Radlands CBD Offering may be seen and used by others and may result in unsolicited communications. High
Desert Pure is not liable for any information that you choose to submit or communicate to other users on or through any Radlands CBD Offerings, or for the actions of any other users of any Radlands CBD Offering.

You represent and warrant that you have all necessary rights in and to any materials that you post within any Radlands CBD Offering, that such materials do not infringe any proprietary or other rights of third parties, that all such content is accurate and will not cause injury to any person or entity, and that you will indemnify Radlands CBD and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers for all claims resulting from your submitted and posted content. If any such materials incorporate the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant Radlands CBD permission to use any such name, voice, likeness and/or image of such individual appearing in the materials you post throughout the world in perpetuity. Once you post or communicate any content or materials on or through a Radlands CBD Offering, you expressly grant Radlands CBD the complete, worldwide, fully sublicensable and irrevocable right to quote, re-post, use, reproduce, modify, adapt, publish, translate, create derivative works from, display, distribute, transmit, and broadcast such content or materials, including without limitation the name you submit in connection with such content or materials, in any form, with or without attribution to you, and without any notice or compensation to you of any kind. We reserve the right to immediately remove any content that may be considered, in our sole discretion, in violation of the rights of any third party.

Commercial Activity and Unsolicited E-mail

You may not use any portion of the Radlands CBD Offerings to collect information, including login names, about other users, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not advertise any goods or services on any Radlands CBD Offerings, or otherwise exploit your participation on or through any Radlands CBD Offerings for any commercial purpose.

Radlands CBD Software

You may have occasion to download software from Radlands CBD, its principals or its licensors onto your computer (“Radlands CBD Software”). Subject to your compliance with these Terms of Use, Radlands CBD grants to you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the Radlands CBD Software to participate in the Radlands CBD Offerings. The Radlands CBD Software is for your personal use, and may not be reproduced, duplicated, copied, resold, sublicensed, or otherwise used in whole or in part by
you for commercial purposes. You may not modify, translate, reverse-engineer, reverse-compile or decompile, disassemble or create derivative works from any of the Radlands CBD Software.

RADLANDS CBD IS NOT LIABLE FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF ANY RADLANDS CBD SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE, RESULTING FROM ANY USE OF THE RADLANDS CBD SOFTWARE, RESIDES WITH YOU.

THIRD PARTY LINKS and THIRD PARTY CONTENT AND
SERVICES

Any and all software, content and services (including advertising) within a Radlands CBD Offering that are not owned by Radlands CBD are “third party content and services.” Radlands CBD acts merely as an intermediary service provider of, and accepts no responsibility or liability for, third party content and services. In addition and without limiting the generality of the foregoing, certain Radlands CBD Offerings may include links to sites operated by third parties, including advertisers and other content providers.

Those sites may collect data or solicit personal information from you. Radlands CBD does not control such sites, and is not responsible for their content, policies, or collection, use or disclosure of any information those sites may collect.

VIOLATION OF THESE TERMS OF USE

If you violate our Terms of Use, we reserve the right, in our sole discretion, to immediately terminate your participation in any or all Radlands CBD Offerings. You acknowledge that we are not required to notify you
prior to terminating any such account.

INTELLECTUAL PROPERTY RIGHTS

The names and logos, and other graphics, logos, icons, and service names associated with the Radlands CBD Offerings are trademarks, registered trademarks or trade dress of Radlands CBD or its licensors or principals in the United States and/or other countries. Radlands CBD’s trademarks and trade dress may not be used in connection with any product or service that is not owned or operated by or on behalf of Radlands CBD, or in any manner that is likely to cause confusion among consumers or that disparages or discredits Radlands CBD or any Radlands CBD Offering. The compilation of all content on the Radlands CBD Offerings is the exclusive
property of Radlands CBD and is protected by United States and international copyright laws. You may not use, copy, transmit, modify, distribute, or create any derivative works from any content from the Radlands CBD Offerings unless we have expressly authorized you to do so in writing. All other trademarks not owned by Radlands CBD that appear on the Radlands CBD Offerings are the property of their respective owners, who may or may not be affiliated with or connected to Radlands CBD. If you fail to adhere to these Terms of Use, other content owners may take criminal or civil action against you. In the event legal action is taken against you for your acts and/or omissions with regard to any content on the Radlands CBD Offerings, you agree to indemnify and hold harmless Radlands CBD and its employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers.

LIMITATIONS ON WARRANTIES AND LIABILITY

YOU EXPRESSLY AGREE THAT THE USE OF ANY RADLANDS CBD OFFERING IS AT YOUR SOLE RISK. ALL RADLANDS CBD OFFERINGS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HIGH DESERTPURE DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE Radlands CBD OFFERINGS OR RADLANDS CBD SOFTWARE AT ANY PARTICULAR TIMES OR LOCATIONS, OR THAT THE RADLANDS CBD OFFERINGS, RADLANDS CBD SOFTWARE, NEWSLETTERS, E-MAILS OR OTHER COMMUNICATIONS SENT FROM RADLANDS CBD ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH RADLANDS CBD IS TO STOP USING THE RADLANDS CBD OFFERINGS. YOU ACKNOWLEDGE AND AGREE THAT RADLANDS CBD IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT ON ITS OWN PART, OR FOR ANY CONDUCT OF, OR COMMUNICATION OR CONTENT POSTED WITHIN A RADLANDS CBD OFFERING BY, ANY RADLANDS CBD OFFERING USER. IN NO EVENT SHALL RADLANDS CBD OR ITS EMPLOYEES’, CONTRACTORS’, OFFICERS’, DIRECTORS’ OR SHAREHOLDERS’ LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO RADLANDS CBD FOR YOUR PARTICIPATION IN ANY RADLANDS CBD OFFERING. IN NO CASE SHALL RADLANDS CBD OR ITS EMPLOYEES, CONTRACTORS,
OFFICERS, DIRECTORS OR SHAREHOLDERS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY RADLANDS CBD OFFERING OR RADLANDS CBD SOFTWARE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SUCH LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT RADLANDS CBD IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD RADLANDS CBD LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF RADLANDS CBD OFFERINGS AND OPERATORS OF SOCIAL NETWORKING AND OTHER EXTERNAL SITES, AND THAT THE RISK OF USING OR ACCESSING RADLANDS CBD OFFERINGS, SOCIAL NETWORKING SITES AND OTHER EXTERNAL SITES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.

INDEMNIFICATION

At Radlands CBD’s request, you agree to defend, indemnify and hold harmless (a) Radlands CBD, (b) its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents or suppliers, (c) its licensees, distributors, content providers, and (d) other members of the Services, from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from or related, directly or indirectly, to any misuse of the Services or breach of this Agreement by you.

EXPORT CONTROL LAWS

Certain Radlands CBD Offerings may be subject to United States and international export controls. By accessing Radlands CBD Offerings, you warrant that you are not located in any country, or exporting any Radlands CBD Offerings, to any person or place to which the United States, European Union or any other jurisdiction has embargoed goods. You agree to abide by all applicable export control laws and further agree not to transfer or upload, by any means electronic or otherwise, any Radlands CBD Offerings that may be subject to restrictions under such laws to a national destination prohibited by such laws without obtaining and complying with any
required governmental authorizations.

OTHER LEGAL TERMS

You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these Terms of Use are held invalid or unenforceable, that portion shall be construed
in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. If any provision of these Terms of Use is found to be  illegal or unenforceable, these Terms of Use will be deemed modified to the extent necessary to make them legal and enforceable, and will remain, as modified, in full force and effect. These Terms of Use, including all terms and policies referenced herein, contain the entire understanding, and supersede all prior agreements, between you and Radlands CBD relating to this subject matter, and cannot be changed or terminated orally.

APPLICABLE LAW AND JURISDICTION

These Terms of Use are governed by and shall be construed in accordance with the laws of the State of Oregon, USA, excluding its conflicts of law rules. You expressly agree that exclusive venue and jurisdiction for any claim or dispute you may have with Radlands CBD based upon or in any manner related to any access or use by you of any Radlands CBD Offering, shall be in the state and federal courts located in Deschutes County, Oregon, USA. YOU AND RADLANDS CBD AGREE THAT ANY CLAIM WILL BE HANDLED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR CLAIM. FURTHER, YOU WAIVE ANY RIGHT TO A JURY TRIAL.

STATUTE OF LIMITATIONS

You and Radlands CBD agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of a Radlands CBD Offering, these Terms of Use or the Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose, and is thereafter forever barred.