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).
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.
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.
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.
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.
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.