Terms And Conditions
IMPORTANT: PLEASE BE ADVISED THAT BY AGREEING TO THESE TERMS YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND WAIVING YOUR RIGHT TO HAVE A JURY TRIAL ON YOUR CLAIMS.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN PROVISIONS THAT GOVERN HOW YOU CAN BRING CLAIMS BETWEEN YOU AND JANUS, INCLUDING THE ARBITRATION AGREEMENT BELOW. THE ARBITRATION AGREEMENT REQUIRES YOU TO RESOLVE ALL DISPUTES WITH JANUS ON AN INDIVIDUAL BASIS AND, WITH LIMITED EXCEPTIONS, THROUGH FINAL AND BINDING ARBITRATION. THESE TERMS OF SERVICE OUTLINE HOW SUCH CLAIMS ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THESE TERMS OF SERVICE. BY AGREEING TO THESE TERMS OF SERVICE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THEM AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Applicability of Terms and Conditions
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Customer,” “you,” or “your”) and Janus Extracts, LLC (“Company,” “we,” “us,” or “our”), governing your access to and use of our website located at www.janusextracts.com (the “Site”) and the purchase of products containing cannabidiol (“CBD”) and/or tetrahydrocannabinol (“THC”) (collectively, the “Products”) through our online retail platform.
The Site is comprised of various web pages operated by Janus Extracts, LLC (“Janus”). www.janusextracts.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). By accessing the Site, creating an account, or placing an order for Products, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access the Website or purchase any Products.
Electronic Communications
Visiting www.janusextracts.com or sending emails to Janus constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Text Messaging Communications
By signing up through our website to receive text messages, you are consenting to receive text messages that may be sent by an automatic telephone dialing system to the mobile number you provide to Janus and its affiliates. Messages may include marketing and promotional content. These messages may use information automatically collected based on your actions while on our website. You understand that you are not required to provide your consent as a condition of purchasing any goods or services. Your consent to receive text messages from Janus is subject to these Terms and Conditions (including the Arbitration and Liability disclaimer provisions found below) and Janus’ Privacy Policy. You may opt-out of receiving text messages at any time by replying STOP to any text message you receive. You agree to receive opt-out texts from Janus if you reply STOP to any text message you receive. For help related to our text messaging communications, reply HELP to any text message you receive. You agree that when you initiate a text message to Janus, you may receive related text messages in reply.
Message and Data Rates May Apply. Please consult your wireless carrier to determine your phone’s pricing plan. This program may not be available to all wireless carriers. Neither we nor any wireless carriers will be liable for any delays in the receipt of, or failure to deliver, any text message, as delivery is subject to effective transmission from your operator. Text messaging services are provided on an “AS IS” basis. Data obtained from you in connection with any text messaging service may include your cell phone number, your provider’s name, and the date, time, and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide services you request from us.
You warrant that you have accurately provided your telephone number to Janus and that you have the authority to consent to receive text messages at that number. Before changing, deactivating, or relinquishing your mobile phone number, you agree that you will opt-out of Janus’ text messaging communications. Failure to do so constitutes a material breach of these Terms.
Your account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Janus is not responsible for third party access to your account that results from theft or misappropriation of your account. Janus and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Janus does not knowingly collect, either online or offline, personal information from persons under the age of thirteen.
Online Orders/Payment Terms/Shipping Restrictions
You may place orders for Products through our Website by selecting the desired Products, providing all required information, and completing the checkout process. All orders are subject to acceptance by us, and we reserve the right to refuse or cancel any order for any reason, including but not limited to Product availability, errors in Product or pricing information, or concerns regarding the legitimacy of the order.
You must be at least 21 years of age to purchase Products containing THC and at least 18 years of age to purchase Products containing only CBD. By placing an order, you represent and warrant that you meet the applicable age requirement. We reserve the right to verify your age before processing your order and to cancel any order if we determine that you do not meet the age requirement.
All prices displayed on the Website are in U.S. dollars and do not include applicable taxes, shipping, and handling charges, which will be added to your order total. We reserve the right to change prices at any time without notice. Payment must be made using one of the payment methods specified on the Website at the time of checkout.
We accept payment via credit card, debit card, and other payment methods as specified on the Website. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and that the information you provide is true and accurate. You are responsible for paying all applicable taxes associated with your purchase. For orders shipped to addresses within Pennsylvania, we will collect and remit state and local sales tax as required by law.
We ship Products only to addresses within the United States where the sale of such Products is legal under applicable federal, state, and local laws. We reserve the right to refuse shipment to any location where the sale of Products is restricted or prohibited. Risk of loss and title for Products purchased from the Website pass to you upon our delivery of the Products to the carrier. You should inspect all Products upon receipt and contact us immediately if you discover any issues or discrepancies.
Cancellation / Refund Policy
Janus offers full refunds for any products purchased within the last 30 days, provided they are unopened. Any refund requests made after 30 days of purchase will not qualify for a refund. Janus reserves the right to limit the number of times a customer can use a discount code. Your orders may be cancelled if you use a discount code more than once. Please contact us with any questions.
Links to third party sites/Third party services
www.janusextracts.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Janus and Janus is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Janus is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Janus of the site or any association with its operators.
Certain services made available via www.janusextracts.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.janusextracts.com domain, you hereby acknowledge and consent that Janus may share such information and data with any of its affiliates and/or third party with whom Janus has a contractual relationship to provide the requested product, service or functionality on behalf of www.janusextracts.com users and customers.
Promotional and/or Marketing Materials
By placing an order, you consent to periodically receive promotional advertisements and/or marketing materials from Janus, its affiliates and/or third party services as defined in these Terms and Conditions. These materials may include printed mailers or advertisements included with the packaging of your order.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.janusextracts.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Janus that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Janus or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Janus content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Janus and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Janus or our licensors except as expressly authorized by these Terms.
Indemnification
You agree to indemnify, defend and hold harmless Janus, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Janus reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Janus in asserting any available defenses.
- Arbitration
- You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Website or the purchase of Products (collectively, “Disputes”) shall be resolved solely by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
- Arbitration Rules. The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator selected in accordance with the AAA’s rules.
- Arbitration Location and Procedure. Unless you and the Company otherwise agree, the arbitration will be conducted in Bucks County, Pennsylvania. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
- Class Action Waiver. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
- Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement. If the arbitrator finds that your claim is non-frivolous, the Company will pay all filing, administration, and arbitrator fees associated with the arbitration.
Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court in Bucks County, Pennsylvania, provided that such action is within the jurisdiction of the small claims court and remains in such court.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. JANUS EXTRACTS, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
JANUS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. JANUS EXTRACTS, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JANUS EXTRACTS, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF JANUS EXTRACTS, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY
Termination/access restriction
Janus reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Pennsylvania and you hereby consent to the exclusive jurisdiction and venue of courts in Pennsylvania in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Janus as a result of this agreement or use of the Site. Janus’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Janus’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Janus with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Janus with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Janus with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Janus reserves the right, in its sole discretion, to change the Terms under which www.janusextracts.com is offered. The most current version of the Terms will supersede all previous versions. Janus encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Janus welcomes your questions or comments regarding the Terms:
- [address]
- Email Address:
- Telephone number:
Entire Agreement
These Terms, together with the Privacy Policy and Website Terms of Use, constitute the entire agreement between you and the Company regarding the subject matter hereof and supersede all prior or contemporaneous agreements, understandings, and communications, whether written or oral.
Compliance With Laws
The Company complies with all applicable federal, state, and local laws and regulations governing the sale of CBD/THC products. However, laws regarding these products vary by jurisdiction and are subject to change. You are responsible for complying with all applicable laws in your jurisdiction regarding the purchase, possession, and use of the Products. The statements made regarding the Products have not been evaluated by the Food and Drug Administration. The efficacy of these Products has not been confirmed by FDA-approved research. These Products are not intended to diagnose, treat, cure, or prevent any disease. All information presented here is not meant as a substitute for or alternative to information from healthcare practitioners.