Terms of Use

OVERVIEW

This website is operated by Maine Down East LLC. Throughout the site (and subsequent verbiage), the terms “we,” “us,” “our,” “MDe,” and “Maine Down East” refer to Maine Down East LLC.

MDe offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms-of-Use”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms-of-Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms-of-Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms-of-Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services that we provide. If these Terms-of-Service are considered, or associated with, an offer, acceptance is expressly limited to these Terms-of-Use.

Any new features or tools which are added to the current store shall also be subject to the Terms-of-Use. You can review the most current version of the Terms-of-Use at any time on this page. We reserve the right to update, change, or replace any part of these Terms-of-Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our website is hosted on WordPress, our online store/shopping cart is on WooCommerce, and our secure checkout and payment processing is through Square. These platforms provide us with the all the resources we need to confidently and securely sell our products to you.

SECTION I – ONLINE STORE/ PURCHASE TERMS 

By agreeing to these Terms-of-Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any harmful programs, viruses, or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION II – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service, or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION III – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION IV – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change(s), suspension, or discontinuance of the Service.

SECTION V – PRODUCTS OR SERVICES (if applicable) 

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at-or-on the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right (but are not obligated) to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.

Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION VI- ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, retailers or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made using our site’s secure checkout. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions in an accurate and timely manner as well as contact you as needed.

For additional information/details, please review our Shipping Policy and our Return Policy.

SECTION VII – OPTIONAL TOOLS 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional third-party tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools, resources, etc.). Such new features and/or services shall also be subject to these Terms-of-Use.

SECTION VIII – THIRD-PARTY LINKS

Certain content, products, and services available via our Services may include materials such as links from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

IX – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain submissions (such as contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials (whether online, by email, by postal mail, or otherwise; otherwise known as, ‘comments’), you agree that we may, at any time and without restriction, edit (for length, content, or both), copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

Using our sole discretion, we may (but have no obligation to) monitor, edit, or remove content that we determine are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, otherwise objectionable, violates any party’s intellectual property, and/or violates these Terms-of-Use.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, and/or other personal or proprietary right. You further agree that your comments will not contain harmful or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the site’s function or any related website. You may not use a false e-mail addresses, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION X – PERSONAL INFORMATION 

Your submission of personal information (through Forms and Newsletter Sign-Ups) may (at our discretion) be available on the our site and is governed by our Privacy Policy.

SECTION XI – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and/ and availability. We reserve the right to correct any errors, inaccuracies, and/or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION XII – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms-of-Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape data; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the site, service, or any related website for violating any of the prohibited uses.

 SECTION XIII – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied (including but not limited to all implied warranties or conditions of merchant ability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement).

In no case shall MDe, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind (including without limitation) lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service, content, or product posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION XIV – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless MDe and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms-of-Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION XV – SEVERABILITY

In the event that any provision of these Terms-of-Use is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms-of-Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION XVI – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms-of-Use are effective unless and until terminated by either you or us. You may terminate these Terms-of-Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment, you fail (or we suspect that you have failed) to comply with any term or provision of these Terms-of-Use, we may terminate this agreement at any time without notice and you will remain liable for all amounts due, up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION XVII – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms-of-Use shall not constitute a waiver of such right or provision.

These Terms-of-Use and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and MDe and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals (whether oral or written) between you and MDe (including but not limited to any prior versions of the Terms-of-Use).

Any ambiguities in the interpretation of these Terms-of-Use shall not be construed against the drafting party.

SECTION XVIII – GOVERNING LAW

These Terms-of-Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Hancock County, State of Maine, United States of America.

SECTION XIX – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms-of-Use at any time on our web page tab, entitles “Terms-of-Use.”

We reserve the right (at our sole discretion) to update, change, or replace any part of these Terms-of-Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms-of-Use constitutes acceptance of those changes.

SECTION XX – CONTACT INFORMATION 

Any questions pertaining to the Terms of Use should be sent to us, via email, at info@mainedowneast.com

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SECTION XXI – OTHER INFORMATION

Section 1: Terms-of-Purchase

During the checkout process you will be given the complete terms of your purchase. Included in those terms is your clear understanding that we are selling products containing CBD (cannabidiol) derived from industrial hemp oil. These products have not been evaluated by the Federal Drug Administration (FDA). We are committed to complete compliance with FDA regulations, and as such, because these products have not been evaluated by the FDA, we make no claims as to any extra benefits for products containing CBD (cannabidiol). If you decide to purchase our products, you are basing them on your own opinion(s) as to any benefits or use these products may provide. Your authorization given at the time of purchase means you agree to and understand the entire return policy as well as all other terms and policies made available on this site.

Section 2: Commitment to Quality

We take our commitment to quality very seriously. All shipments are carefully inspected before leaving (via commercial carrier) the MDe premises. Additionally, our products are tested for quality prior to shipment from MDe facilities, laboratories, and/or third-party vendors on our behalf.

Section 3: Return Policy

Our Return Policy is simple: MDe offers to all customers purchasing (in any of MDe’s venues or sales environments) a no-hassle, 14-day return if dissatisfied for any reason! Simply return the used or unused product and MDe will cheerfully refund your purchase price. (Please note that shipping costs are non-refundable.)

Section 4: Damage and/or Loss During Shipping

We are not responsible for any packages lost or damaged during shipping. However, we encourage you to contact us if you encounter this issue so that we can help you facilitate a claim with the shipping company.

ATTENTION:

-The statements made on this website have not been evaluated by the FDA.

-These products are not for use by or sale to persons under the age of 18.

-Our products are not intended to diagnose, treat, cure, or prevent any disease, and should not be used if you are pregnant or nursing.

-Consult with a physician before use if you have a serious medical condition or use prescription medications.

-All products sold on this website are in compliance with the 2018 Federal Farm Bill.

The statements made on this website have not been evaluated by the FDA. These products are not for use by or sale to persons under the age of 18. Our products are not intended to diagnose, treat, cure, or prevent any disease, and should not be used if you are pregnant or nursing. Consult with a physician before use if you have a serious medical condition or use prescription medications. All products sold on this website are in compliance with the 2018 Federal Farm Bill.

© 2020 Maine Down East | All Rights Reserved.