Terms of service

The Hemp Division WEBSITE TERMS AND CONDITIONS OF USE
Effective Date: 8/1/2016

In General
The website www.hempdivision.com (“Website”) is provided to you by The Hemp Division Corp. (“The Hemp Division”). Access to and use of this Website and the services available at this Website are subject to the following terms and conditions as set forth in this notice (“Agreement”). By accessing or using the Website or downloading materials from the Website, you agree to be legally bound by the terms and conditions set forth below without any modification. Please review them carefully. If you do not agree to the terms, do not use this Website.

Copyrights
Copyright © 2010 The Hemp Division Corp., All Rights Reserved

The copyright in this entire Website is held by The Hemp Division. All material provided on this Website are protected under United States copyright laws and international copyright laws and treaty provisions. Except as expressly provided herein, none of the material provided on this Website may be copied, distributed, republished, reproduced, downloaded, displayed or transmitted in any form for commercial use without the prior written permission of The Hemp Division.
Individual visitors of this Website are permitted to print one copy of material published on this Website solely for their personal, non-commercial use, provided they do not modify the materials and that they retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of the terms and conditions contained herein. The Hemp Division does not permit the download or printing of this Website for any commercial purpose, including the use on other websites.

Trademarks
Any trademarks, logos, service marks, brand identities, titles, characters, graphics, designs, and/or other properties displayed on this website are property of The Hemp Division and are protected as registered and unregistered trademarks and copyrights. The following is a non-exclusive list of The Hemp Division’ trademarks:
The Hemp Division ®

Licensing and Permissions
To protect our intellectual property, The Hemp Division requires a license agreement or written permission from an authorized agent at The Hemp Division prior to any use of brand names, trademarks, service marks, copyrights and other intellectual property belonging to The Hemp Division. Any misuse of intellectual property belonging to The Hemp Division is strictly prohibited. For additional information on license agreements and The Hemp Division's intellectual property, including trademarks and copyrights, contact us at: Michael Harney, The Hemp Division, 5723 Route 22, Millerton, NY 12546.

All Rights Reserved
The Hemp Division does not grant any express or implied right to you under any patents, trademarks, copyrights, trade secret, or any other intellectual property.

Information Submitted
Any communication or material submitted to this Website, including by electronic mail and/or website submission, is the exclusive property of The Hemp Division and is considered to be non-confidential and nonproprietary. Such communication may include without limitation questions, comments, suggestions, and ideas. The Hemp Division shall be free to use them for any purpose whatsoever without restriction or further compensation. This means that you disclaim any proprietary rights in such submissions, and you acknowledge The Hemp Division’ unrestricted right to use them (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. It also means The Hemp Division has no obligation to keep your submissions confidential.
Although The Hemp Division is under no obligation to review or monitor information you submit, The Hemp Division reserves the absolute right to do so in its sole discretion. In addition, The Hemp Division reserves the right to alter, edit, create derivative works, refuse to post or remove any information you submit, in whole or in part, for any reason or for no reason. You agree that The Hemp Division does not have any obligation to use or respond to any submission.
You are responsible for all of your submissions. You may not submit any material misrepresenting yourself as someone else, or by using a false e-mail address. Do not submit any material or links to material that is libelous, defamatory, false, obscene, violent, abusive, threatening, harassing, prejudicial, or is otherwise in violation of the law or the terms of this Agreement.

Your Account
If you register an account, 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. The Hemp Division reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Products Purchases
Reviews, Comments and Communications

Visitors may post reviews, comments, photos, videos, other content and other communications, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. The Hemp Division reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant The Hemp Division a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant The Hemp Division and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify The Hemp Division for all claims resulting from content you supply. The Hemp Division has the right but not the obligation to monitor and edit or remove any activity or content. The Hemp Division takes no responsibility and assumes no liability for any content posted by you or any third party.

Disclaimer
The Hemp Division ENDEAVORS TO MAINTAIN THE WEBSITE AND ITS OPERATION, BUT IS NOT, AND CANNOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THE WEBSITE OR ITS OPERATION. AS TO THE OPERATION OF THE WEBSITE, The Hemp Division EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. The Hemp Division MAKES NO WARRANTY THAT (I) THE OPERATION OF THE WEB SITE WILL MEET THE USER'S REQUIREMENTS; (II) ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU (AND NOT The Hemp Division) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THIS WEB SITE.

Limitation of Liability

IN NO EVENT SHALL The Hemp Division BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY MATERIALS IN THE WEBSITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITE OR INFORMATION AVAILABLE IN THE WEBSITE. The Hemp Division SHALL NOT BE LIABLE EVEN IF The Hemp Division OR A The Hemp Division AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT.

Links to Other Websites
As a convenience to you, The Hemp Division provides links to Websites operated by others. The Hemp Division makes no representations about websites accessed from this Website which are not maintained, controlled or created by The Hemp Division and does not endorse any linked websites or the information appearing thereon. Links do not imply that The Hemp Division endorses, is affiliated with, or associated with such linked websites.

Indemnification

You agree to indemnify, defend, and hold harmless The Hemp Division, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees and court costs, resulting from any violation of these terms and conditions or any activity related to accessing the Website (including, but not limited to, negligent or wrongful conduct), by you or any other person accessing the Website under your direction.

Jurisdiction

The Hemp Division controls and operates the Website from the company's headquarters in Millerton, New York, in the United States of America. The Hemp Division in no way warrants or implies that the materials on the Website are appropriate for use outside of the United States. If you use the Website from a location outside of the United States, you are solely responsible for compliance with any applicable local laws. You may not use or export the materials on the Website in violation of U.S. export laws and regulations. Any claim relating to the Website or your use of it shall be governed by the internal substantive laws of the State of New York, without regard to its conflict of laws provisions, and you agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to the Website shall be in the state or federal courts located in New York.

Modification of the Website and these Terms

By providing material on this Site, The Hemp Division does not promise that the materials will remain available to you. The Hemp Division reserves the right at any time and from time to time to modify the Website or discontinue providing access to the Website (or any part thereof), temporarily or permanently, with or without notice to you. You agree that The Hemp Division will not be liable to you for any modification, suspension or discontinuance of the Site or the Contents.

The Hemp Division also reserves the right to change the terms, conditions, and notices for the Website at any time by updating this posting and your use of the Website following any such changes will constitute your consent to such modified terms. You agree to review these terms regularly to verify for changes. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages at this Website.

Termination of this Agreement

The terms of this Agreement will continue to apply until terminated by either you or The Hemp Division as set out below. Your right to access and use the Website terminates automatically upon your breach of any of the terms in this Agreement.
The Hemp Division may terminate your access to, and use of, the Website at any time and for any reason. The Hemp Division will use reasonable efforts to notify you in advance about any material modification, suspension, or termination by The Hemp Division that is not caused by your breach of the terms of this Agreement.
The disclaimer, the limitation of liability, indemnification, jurisdiction and applicable law provisions shall survive any termination.

How to Make A Claim of Copyright Infringement
The Hemp Division and its affiliated companies, respect the intellectual property of others and we ask those posting to the Website to do the same. If you believe that your copyrighted work has been copied and is accessible on the Website in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:
1. The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
2. A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
3. Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published.
4. Identification of the URL or other specific location of this site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.
5. Your name, address, telephone number, fax number, and e-mail address.
6. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
7. A statement by you, made under penalty or perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Our agent for notice of claims of copyright infringement on this site can be reached as follows:
By mail: Michael The Hemp Division, The Hemp Division & Sons, 5723 Route 22, Millerton, NY 12546

By phone: 518-789-2100
By fax: 518-789-2100
By e-mail: Michael@The Hemp Divisionteas.com

This contact information is only for reporting copyright infringement.

Severability
If any provision of this Agreement shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

No Waiver
No failure on the part of The Hemp Division to enforce any part of this Agreement shall constitute a waiver of any of The Hemp Division’ rights under this Agreement whether for past or future actions on the part of any person. Neither the receipt of any funds by The Hemp Division nor the reliance of any person on The Hemp Division’ actions shall be deemed to constitute a waiver of any part of the Agreement. Only a specific, written waiver signed by an authorized representative of The Hemp Division shall have any legal effect whatsoever.

No Legal Effect
The paragraph titles in this Agreement are for convenience only and have no legal or contractual effect.
Incorporation of Privacy Policy
The Hemp Division hereby incorporates its Privacy Policy into this Agreement.
Contacting The Hemp Division
You may direct any questions concerning this Agreement to:
Michael@The Hemp Divisionteas.com