Terms & Conditions

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This page was last updated on January 20, 2023.

CBD on Broadway accomplishes its mission through offering various products and educational materials online, to our customers. These Terms & Conditions (“Terms”) apply to all of your activities engaged in with CBD on Broadway (e.g., purchasing products, reviewing educational materials, receiving purchase rewards, etc.), including all of its websites (www.cbdonbroadway.com, CBD on Broadway, and any others) (“Services”).

If you live in the United States or Canada, by agreeing to these Terms you are agreeing to waive any and all jury trials and resolve any dispute with CBD on Broadway through binding arbitration (see the Dispute Resolution section, below).

You may need to setup an account with CBD on Broadway. You have responsibility for your CBD on Broadway account, and you must ensure that all the information you provide CBD on Broadway with is accurate, including your e-mail address. You should hold your username and password in strict confidence. If someone other than you obtains and uses your login credentials, CBD on Broadway reserves the right to disable your account, without providing you a refund.
CBD on Broadway sells certain CBD products that are derived from hemp to individuals above the age of 21. It is CBD on Broadway’s understanding that such products contain an amount of THC that is within the allowable limits prescribed by federal law and the laws of CBD on Broadway’s primary place of business. CBD on Broadway does not and shall not guaranty or otherwise represent to you that its products are legal in your state or territory. It is up to you, independently of any effort undertaken by CBD on Broadway, to determine the legality of CBD on Broadway’s products within your state or territory.

In addition, you should consult with a physician before using any product sold by CBD on Broadway. A doctor’s advice should be considered before using any hemp product. Any statements made by CBD on Broadway have not been evaluated by the FDA, and any products sold by CBD on Broadway are not intended to diagnose, treat, cure, or prevent any disease.
You agree to pay the fees for CBD on Broadway’s Services that you elect to purchase, and you authorize CBD on Broadway to charge your debit or credit card or process other forms of payment for those fees. CBD on Broadway will not provide refunds, unless CBD on Broadway determines, in its sole discretion, that a refund is warranted.
All right, title, and interest in and to the CBD on Broadway’s online presence and its Services, including its website, its existing or future applications, its mobile applications, and its databases are and will remain the exclusive property of CBD on Broadway. You cannot use the CBD on Broadway name or any of the CBD on Broadway trademarks, logos, domain names, marketing materials, educational materials, or other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding CBD on Broadway or the Services is entirely voluntary and CBD on Broadway is free to use such feedback, comments, or suggestions as it sees fit and without any obligation to you.

In accessing CBD on Broadway’s website or utilizing its materials and Services, you agree that you shall not copy, modify, create a derivative work of, reverse engineer, or reverse assemble CBD on Broadway’s Services or materials. In addition, you shall not use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as CBD on Broadway) to others.
CBD on Broadway does not knowingly collect personally identifiable information from children under the age of twenty-one. If you are under the age of twenty-one, you must not use our website.
You agree that by registering, accessing, or using CBD on Broadway’s Services, you are agreeing to enter into a legally binding contract with CBD on Broadway that consists of these Terms and CBD on Broadway’s Privacy Policy. If you do not agree to these Terms and CBD on Broadway’s Privacy Policy, do not register, access, or otherwise use any of CBD on Broadway’s Services.

You also agree that these Terms represent the entire understanding between you and CBD on Broadway, and they supersede all previous agreements, whether oral or written between you and CBD on Broadway. No change or modification of these Terms shall be valid unless the same be in writing and published by CBD on Broadway on its website. If any portion of these Terms is found to be invalid or unenforceable, it shall be severable from all other portions of these Terms.

Neither the waiver by CBD on Broadway of a breach of or a default under any of the provisions of these Terms, nor the failure by CBD on Broadway, on one or more occasions, to enforce any of the provisions of these Terms or to exercise any right or privilege hereunder shall thereafter be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any provisions, rights or privileges hereunder.

CBD on Broadway’s Services and products are provided on an “as is” and “where is” basis. CBD on Broadway makes no representations or warranties about the suitability, reliability, availability, timeliness, or security of the Services or CBD on Broadway’s products, and expressly disclaims any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. CBD on Broadway makes no warranty that you will obtain specific results from use of the Services. Your use of the Services is entirely at your own risk.

You also agree that CBD on Broadway shall not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, as a result of CBD on Broadway’s Services or your purchase or use of CBD on Broadway’s products. CBD on Broadway’s liability to you or any third parties under any circumstance is limited to the total amount paid by you to CBD on Broadway over the previous 12-month period before the event giving rise to your claim(s).

You agree to indemnify, defend, and hold harmless CBD on Broadway and its members, managers, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from any actions taken by you that are intentional or negligent. Your indemnification obligation will survive the termination of these Terms and your use of the Services. You also agree that no joint venture, partnership, employment, contractor, or agency relationship exists between you and CBD on Broadway.
Your relationship with CBD on Broadway and use of CBD on Broadway’s Services and materials shall be governed by the laws of the State of Colorado.

You agree that any controversy or claim arising out of or relating to these Terms or your relationship with CBD on Broadway and use of CBD on Broadway’s Services and products shall be settled by arbitration administered by the American Arbitration Association in accordance with its Expedited Procedures of the Commercial Arbitration Rules. In addition, no arbitration proceeding hereunder shall be filed or pursued as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or persons similarly situated. Moreover, no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. THE PARTIES AGREE TO ARBITRATE ON AN INDIVIDUAL BASIS AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
When CBD on Broadway deems it appropriate, it may update these Terms to clarify its practices or to reflect new or different practices. CBD on Broadway reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If CBD on Broadway makes any material change, it will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through its website. Modifications will become effective on the day they are posted unless stated otherwise.

Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.