Terms and Conditions

Agreement between User and www.btowncbd.com

Welcome to www.btowncbd.com.  The www.btowncbd.com website (https://btowncbd.com) is comprised of various web pages operated by Btown Town CBD Inc (“Btown Town CBD”).  www.btowncbd.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”).  Your use of www.btowncbd.com constitutes your agreement to all such Terms.  Please read these terms carefully, and keep a copy of them for your reference.

www.btowncbd.com is an E-Commerce Site.

Btown CBD provided USA-grown and produced cbd hemp products.

Privacy

Your use of www.btowncbd.com is subject to Btown Town CBD’s Privacy Policy.  Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting www.btowncbd.com or sending emails to Btown Town CBD constitutes electronic communications. Accordingly, 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.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and restricting access to your computer. You agree to accept responsibility for all activities under your account or password.  You may not assign or transfer your account to any other person or entity.  You acknowledge that Btown Town CBD is not responsible for third party access to your account resulting from theft or misappropriation of your account.  Btown Town CBD and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.

Children Under Thirteen

Btown Town CBD does not knowingly collect personal information from persons under the age of thirteen, either online or offline.  If you are under 18, you may use www.btowncbd.com only with the permission of a parent or guardian.

Cancellation/Refund Policy

Please cancel your order within 4 hours of placing it by phone, text message, or email.  Your funds shall be refunded in full.  Unfortunately, we do not accept returns on hemp flower products, vape carts, or bulk materials.  However, we will accept returns on tinctures, capsules, or topicals if the safety seal is not broken and the buyer pays for the return shipping.

Shipping Policy

Thank you for visiting and shopping at Btowncbd.com.  Following are the terms and conditions that constitute our Shipping Policy.

Domestic Shipping Policy

Shipment processing time

All orders are processed within 24 hours and shipped using USPS.  

Shipping rates & delivery estimates

Shipping charges for your order will be displayed at checkout.  Shipping rates are subject to change when USPS raises rates.  First-class USPS shipping typically takes 2-5 business days, and priority USPS takes 2-4 days to arrive.  

Delivery delays can occasionally occur due to weather, and USPS covid delays, 

Shipment to P.O. boxes or APO/FPO addresses

BtownCBD.com ships to addresses within the U.S., U.S. Territories, and APO/FPO/DPO addresses.

Shipment confirmation & Order tracking

You will receive a Shipment Confirmation email once your order contains your tracking number(s).  The tracking number will be active within 24 of placing your order.  

Customs, Duties, and Taxes

BtownCBD.com is not responsible for any customs and taxes applied to your order.  All fees imposed during or after shipping are the customer’s responsibility (tariffs, taxes, etc.).  BtownCBD.com does not currently ship internationally.  

Damages

BtownCBD.com is not liable for any products damaged or lost during shipping.  Please get in touch with the shipment carrier to file a claim if you received your damaged order.

Please save all packaging materials and damaged goods before filing a claim with USPS.  

International Shipping Policy

BtownCBD.com does not currently ship outside the U.S.

Links to Third-Party Sites/Third-Party Services

www.btowncbd.com may contain links to other websites (“Linked Sites”).  The Linked Sites are not under the control of Btown Town CBD, and Btown Town CBD 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.  Btown Town CBD is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Btown Town CBD of the site or any association with its operators.

Certain services made available via www.btowncbd.com are delivered by third party sites and organizations. Therefore, by using any product, service, or functionality originating from the www.btowncbd.com domain, you hereby acknowledge and consent that Btown Town CBD may share such information and data with any third party with whom Btown Town CBD has a contractual relationship to provide the requested product, service, or functionality on behalf of www.btowncbd.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.btowncbd.com strictly in accordance with these terms of use.  As a condition of your use of the Site, you warrant to Btown Town CBD 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 that could damage, disable, overburden, impair the Site, or interfere with any other party’s use and enjoyment.  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 Btown Town CBD or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. Accordingly, you agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions in any such content and will not make any changes.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or exploit any of the content, in whole or in part, found on the Site.  Btown Town CBD content is not for resale.  Your use of the Site does not entitle you to the unauthorized use of any protected content.  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 Btown Town CBD 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 Btown Town CBD or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”).  You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Btown Town CBD has no obligation to monitor the Communication Services.  However, Btown Town CBD reserves the right to review materials posted to a Communication Service and remove any materials at its sole discretion.  Btown Town CBD reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Btown Town CBD reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request or to edit, refuse to post, or remove any information or materials, in whole or in part, in Btown Town CBD’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service.  Btown Town CBD does not control or endorse any Communication Service’s content, messages, or lead.  Therefore, Btown Town CBD disclaims any liability concerning the Communication Services and any actions resulting from your participation in any Communication Service. In addition, managers and hosts have not authorized Btown Town CBD spokespersons, and their views do not necessarily reflect those of Btown Town CBD.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination.  You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to www.btowncbd.com or Posted on Any Btown Town CBD Web Page.

Btown Town CBD does not claim ownership of the materials you provide to www.btowncbd.com (including feedback and suggestions) or post, upload, input, or submit to any Btown Town CBD Site or our associated services (collectively “Submissions”).  However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting Btown Town CBD, our affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses, including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid concerning the use of your Submission, as provided herein.  Btown Town CBD is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at Btown Town CBD’s sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section, including, without limitation, all the requests necessary for you to provide, post, upload, input or submit the Submissions.

Third-Party Accounts

You can connect your Btown Town CBD account to third-party accounts.  By clicking your Btown Town CBD account to your third-party account, you acknowledge and agree that you consent to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites).  If you do not want information about yourself to be shared in this manner, do not use this feature.

International Users

The service is controlled, operated, and administered by Btown Town CBD from our offices within the USA.  You are responsible for compliance with all local laws if you access the service from a location outside the USA.  You agree that you will not use the Btown Town CBD Content accessed through www.btowncbd.com in any country or manner prohibited by applicable laws, restrictions, or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Btown Town CBD, 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.  Btown Town CBD reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.  In this event, you will fully cooperate with Btown Town CBD in asserting any available defenses.

Arbitration

In the event, the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration under the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties.  The Arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction.  Suppose any legal or equitable action, proceeding, or arbitration arises from or concerns these Terms and Conditions. In that case, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees.  The parties agree to arbitrate all disputes and claims regarding these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims resulting from these Terms and Conditions.  The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. Accordingly, the Arbitrator shall determine the entire dispute, including the scope and enforceability of this arbitration provision.  This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place individually; class arbitrations and class/representative/collective actions are not permitted.  THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.  Further, unless you and Btown Town CBD agree otherwise, the Arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

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.  BTOWN TOWN CBD INC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.

BTOWN TOWN CBD INC 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.  BTOWN TOWN CBD INC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS CONCERNING 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 BTOWN TOWN CBD INC 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 BTOWN TOWN CBD INC 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.

Termination/Access Restriction

Btown Town CBD 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 Kentucky, and you hereby consent to the exclusive jurisdiction and venue of courts in Kentucky 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 affect 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 Btown Town CBD as a result of this agreement or use of the Site.  Btown Town CBD’s performance of this agreement is subject to existing laws and legal processes. Nothing in this agreement is in derogation of Btown Town CBD’s 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 Btown Town CBD concerning such use.  Suppose any part of this agreement is invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above. In that case, 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 Btown Town CBD concerning the Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Btown Town CBD concerning the Site.  A printed version of this agreement and 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 of the parties that this agreement and all related documents be written in English.

Changes to Terms

Btown Town CBD reserves the right, in its sole discretion, to change the Terms under which www.btowncbd.com is offered.  The most current version of the Terms will supersede all previous understandings.  Btown Town CBD encourages you to review the Terms to stay informed of our updates periodically.

Contact Us

Btown Town CBD welcomes your questions or comments regarding the Terms:

Btown Town CBD Inc

_________________

Louisville, Kentucky 40229

Email Address:

support@btowncbd.com

petetabaka@btowncbd.com

Telephone number:

502-888-9725

Effective as of August 14, 2018