Updated: November 19, 2018
Welcome to Eaze Shipping. The terms and conditions stated herein (collectively, “this Agreement”) constitute a legal, binding agreement between you (“you”) and Wellness Shop Inc. (“Wellness Shop”), it’s parent company Eaze Solutions, Inc., (the Parent) and any additional subsidiaries and affiliates (collectively, “Eaze” or the “Company”). In order to use Eaze Shipping, you must agree to this Agreement. By using Eaze Shipping, and/or accessing, downloading, installing or using any associated application or website provided by the Company (including, without limitation, the Eaze website located at eaze.com, the Wellness Shop website located at eazewellness.com and mobile applications for iOS and Android mobile operating systems (collectively, the “Application”), you hereby expressly acknowledge and agree to be bound by this Agreement, and any future amendments and additions to this Agreement as published from time to time through the Application (collectively, the “Eaze Platform”).
This Agreement concerns your purchase, receipt, and use of legal industrial hemp-derived products or accessories available for purchase from Wellness Shop and sent to you via Eaze Shipping (collectively, “Products”). Industrial hemp is defined as the plant cannabis sativa L. that contains less than .3% THC on a dry weight basis.
In order to use Eaze Shipping, you must have an active Eaze account (“Account”) and must be at least 21 years of age.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH IN THIS AGREEMENT CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH THE COMPANY ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. THE ARBITRATION AGREEMENT ALSO CONTAINS A CLASS ACTION WAIVER, WHICH MEANS THAT YOU WAIVE ANY RIGHT YOU MAY HAVE TO PARTICIPATE AS A PLAINTIFF IN A CLASS ACTION LAWSUIT AGAINST THE COMPANY. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
DISCLAIMER & ACKNOWLEDGEMENT
Eaze does not provide, sell, or ship medical or adult-use cannabis or cannabis products that meet the definition of “marihuana” under 21 U.S.C. § 820(16) (“marijuana”). Eaze is not a medical or adult-use marijuana retailer and does not itself provide medical or adult-use delivery services of marijuana or marijuana products. You acknowledge and agree that the Company (i) does not provide, supply or deliver medical or adult-use marijuana and (ii) has no responsibility or liability to you for any delivery services for marijuana or marijuana products supplied by third-party delivery service providers.
You acknowledge that many of the Products available via Eaze Shipping contain industrial hemp-derived cannabidiol or “CBD.” Industrial hemp is defined as the plant cannabis sativa L. that contains less than .3% THC on a dry weight basis.
You acknowledge that Eaze does not cultivate or manufacture hemp. Through Eaze Shipping, Eaze resells Products purchased from third parties to you for individual purchase via shipping.
You acknowledge that Wellness Shop is a distinct, wholly owned subsidiary of the Parent, and does not sell or facilitate the sale of marijuana. You acknowledge that any purchase you make from Wellness Shop cannot and will not be combined, commingled, or associated with any purchase from a third party retailer or dispensary that sells marijuana products via eaze.com
You acknowledge that some of the third party brands that cultivate, manufacture, or sell Products available via Eaze Shipping may also carry marijuana or marijuana products that are not available for purchase via Eaze Shipping. You further acknowledge that marijuana or marijuana products are available for on-demand delivery on eaze.com for those within Eaze’s on-demand service area, and that these products are not available for purchase via Eaze Shipping.
ACKNOWLEDGMENT OF FEDERAL LAW
You expressly acknowledge that Eaze Shipping operates under applicable federal law. Furthermore, you acknowledge, agree, and understand that your purchase and use of Products available via Eaze Shipping is subject to applicable federal laws and regulations, including oversight of regulatory bodies such as the Food and Drug Administration (“FDA”) and the Drug Enforcement Administration (“DEA”). You acknowledge that it is your responsibility to review applicable federal laws and to know whether you are legally able to purchase, possess, or use Products purchased via Eaze Shipping.
ACKNOWLEDGMENT OF STATE AND OTHER APPLICABLE LAWS
You expressly acknowledge that sales or use of Products available via Eaze Shipping may be regulated under applicable state, local or international laws. Eaze Shipping is not available in all states. You acknowledge that your use of Eaze Shipping or Products available via Eaze Shipping is subject to such laws, and that it is your responsibility to review the laws of your state and to know whether you are legally able to purchase, receive, possess, or use Products purchased and sent via Eaze Shipping. You acknowledge and agree that Eaze shall not be liable for any loss or damage arising from your failure to comply with such applicable laws.
Products available via Eaze Shipping are shipped to an address designated by you, provided that such address is within the Eaze Shipping service areas, which are determined solely by Eaze. Products are shipped utilizing a third-party logistics provider who sends Products and accessories via ground shipping. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for products purchased via Eaze Shipping passes to you upon shipment. Estimated delivery times are determined based on the method of shipping chosen when Products are purchased and the destination of the Products.
All Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, or to discontinue offering certain Products without prior notice.
FEES, RETURNS, REFUNDS,
Any fees that the Company charges you for products purchased via Eaze Shipping are due immediately. Items may be returned or exchanged within 30 days of delivery. This policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, the Company’s decision to terminate your usage, disruption caused to the Application (either planned, accidental or intentional), or delays, disruption, or any other reason whatsoever. Credit times for refunds will vary depending on your bank or credit card provider. If you received products damaged during shipping, you must notify us within 48 hours of shipment delivery to qualify for an exchange of the exact product using the form above. Once the damaged product has been received a new order will be shipped out to you free of charge. The Company reserves the right to determine final prevailing pricing. Please note the pricing information published on the website may not reflect the prevailing pricing.
Any statements on the Application or on any Products available via Eaze Shipping have not been evaluated by the FDA. Neither the Products nor the ingredients in any of the Products available via Eaze Shipping have been approved or endorsed by the FDA or any regulatory agency. The Products available via Eaze Shipping are not intended to diagnose, treat, cure, or prevent any medical condition, illness, or disease. The information provided is designed for educational purposes only and are not intended to be a substitute for informed medical advice or care. This information should not be used to diagnose or treat any health issues without consulting a doctor. If you are pregnant, nursing, taking medication, or have a medical condition, we suggest consulting with a physician before using any of our products.
LIMITATION OF LIABILITY
IN NO EVENT SHALL EAZE BE LIABLE TO YOU OR ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THIS AGREEMENT, PRODUCTS PURCHASED THROUGH, OR THE USE OF EAZE SHIPPING. IN ADDITION, EAZE SHALL NOT BE LIABLE TO YOU IN THE AGGREGATE FOR ANY DAMAGES HEREUNDER, REGARDLESS OF FORM, IN EXCESS OF THE AMOUNT OF MONIES PAID BY YOU FOR PRODUCTS PURCHASED VIA EAZE SHIPPING.
By entering into this Agreement and using Eaze Shipping, you agree to defend, indemnify and hold Eaze, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, users of the Eaze Platform, employees, attorneys and agents harmless from and against any and all third party claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, (c) your use or misuse of products purchased via Eaze Shipping, or (d) your use or misuse of Eaze Shipping.
Agreement to Binding Arbitration
You and Eaze mutually agree to resolve any claim or dispute arising out of or relating to Eaze Shipping on an individual basis in binding arbitration. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU AND EAZE ARE EACH WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ARBITRABLE DISPUTES.
Except as provided below, this agreement to arbitrate (“Arbitration Agreement”) covers any dispute, claim or controversy, whether based on past, present or future events, arising out of or relating to: this Agreement, prior versions thereof (including the breach, termination, enforcement, interpretation, arbitrability or validity thereof), and your relationship and transactions with and related to Eaze Shipping (collectively, “Disputes”). However, each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. This agreement to arbitrate (“Arbitration Agreement”) also applies to claims between you and Eaze’s service providers, and such service providers will be considered intended third party beneficiaries of this Arbitration Agreement. The Arbitration Agreement is governed by the Federal Arbitration Act and survives after the Agreement terminates or your relationship with the Company ends.
This will prohibit you from bringing any class, collective, consolidated or representative action against Eaze, and will also prohibit you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Eaze by someone else. Arbitration is more informal than a lawsuit in court: there is no judge or jury in arbitration; discovery in arbitration may be more limited than discovery in litigation; and court review of an arbitration award is limited.
All disputes concerning the arbitrability of a Dispute (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) will be decided by the arbitrator, except as expressly provided herein.
YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU AND EAZE ARE EACH WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ANY AND ALL DISPUTES, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT.
Prohibition of Class Actions and Non-Individualized Relief
You acknowledge and agree that you and Eaze may bring claims against each other only in an individual capacity, and waive our respective rights to participate as a plaintiff or class in any purported class, collective, consolidated or representative proceeding (collectively, “class action waiver”). Further, unless both you and Eaze otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class, collective, consolidated or representative proceeding. If the class action waiver in this section is deemed unenforceable with respect to a dispute, the class action waiver may not be severed from the Arbitration Agreement and the entirety of the Arbitration Agreement will be deemed void with respect to that dispute.
Arbitration Rules and Governing Law
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Agreement and the Eaze Terms of Service. The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act (“FAA”) will govern the interpretation and enforcement of this Arbitration Agreement. It is your and Eaze’s intent that the FAA and AAA Rules will preempt contrary state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue will be resolved under the laws of the State of California. Unless you and Eaze otherwise agree, the arbitration will be conducted in the county where you reside.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The AAA provides a form Demand for Arbitration and a separate form for California residents at adr.org. The arbitrator will be either one retired judge or one attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Except as provided in otherwise in this Arbitration Agreement, if any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision will be severed from this Arbitration Agreement, (2) severance of the unenforceable or unlawful provision will have no impact on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis. If a court or arbitrator determines that a dispute includes certain claims that are required by law to proceed on a class or representative basis in court, such non-arbitrable claims must be severed and stayed in court pending the resolution of any arbitrable claims in individual arbitration.
By using Eaze Shipping, you expressly consent and agree to accept and receive communications related to Eaze Shipping from Eaze including via e-mail, text message, calls, and push notifications to the cellular telephone number you provided to Eaze. By consenting to being contacted by Eaze, you understand and agree that you may receive communications, including those generated by automatic telephone dialing systems and/or which will deliver pre-recorded messages sent by or on behalf of the Company. Standard text messaging charges applied by your cell phone carrier will apply to text messages sent by or on behalf of Eaze.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM THE COMPANY’S PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF, INCLUDING CLICKING THE UNSUBSCRIBE LINK PROVIDED AT THE BOTTOM OF THE EMAIL. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES TO THE PHONE NUMBER YOU RECEIVED THE MESSAGE FROM. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE APPLICATION OR THE SERVICE. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM EAZE (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), PLEASE CONTACT OUR CUSTOMER SERVICE LINE AT 1-833-223-5010. HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS AND EMAILS MAY IMPACT YOUR USE OF THE SERVICE OR THE APPLICATION.