PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE DISCLAIMERS SET FORTH BELOW. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE DISCLAIMERS, YOU MAY NOT ACCESS OR USE THIS SITE.
trytommy.com is owned by TommyChong’s HEMP. (‘Company’)
Our (corporate) address is:
TommyChong’s HEMP
274 S 700 W Pleasant Grove, UT 84062
TommyChong’s HEMP is part of a global online retail group dedicated to bringing customers incredible products at great prices. Individual results may vary, no guarantees made.
GENERAL
These terms and conditions apply to ALL transactions made on or through this Website. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest your agreement to the terms and conditions in this document by any act demonstrating your assent thereto, including clicking any button containing the words “I agree” or similar syntax, or by merely accessing the Website, whether you have read these terms or not. It is suggested that you print this form for your personal records.
By placing an order with us, you will be deemed to have read, understood, and agreed to these Terms and Conditions of Use (collectively, “Terms”). If you do not agree to be bound by these Terms, you may not access or use the Website, or purchase any Product(s) through the Website. By accessing, using or ordering Product(s) through the Website, you affirm that you have read this Agreement and understand, agree and consent to all Terms contained herein.
STRAIGHT SALE OFFER WITH LIFETIME MONEY-BACK GUARANTEE
By ordering as a straight sale offer, you pay the price as clearly stated on the checkout or order page (plus shipping & handling fee and applicable tax or VAT) and you may return the product at any point if unsatisfied with the product for any reason, for a full refund of the full purchase price. Please contact our Customer Service Department at 833-MORE-HEMP (833-667-3223) and we will provide you with a Return Merchandise Authorization (RMA) number. After receiving your RMA number, you will have 15 days to return the unused portion of the 30ml Bottle, or if it is empty, the empty 30ml Bottle to:
Returns
TommyChong’s HEMP
274 S 700 W Pleasant Grove, UT 84062
You must write the RMA number outside the package. You are responsible for all return shipping and handling charges for returned products and will not be reimbursed.
RETURN/REFUND POLICY
You can return any product purchased from this page for full refund of the purchase price for life. To return the product, you first must obtain a Return Merchandise Authorization number (RMA) from customer service by calling 833-MORE-HEMP (833-667-3223). Clearly include the RMA number on the outside of the package. All returns must be received with 15 days from the initial call to our customer service department. You are responsible for return shipping. Any shipment that is returned without a RMA number may not be eligible for a refund. Once the product is received and checked by our warehouse, we will issue you the appropriate refund (or cancellation). Please allow up to 15 business days after we receive your returned product for refunds to be reflected on your card statement.
Once you have obtained your RMA please send the product back to:
TommyChong’s HEMP
274 S 700 W Pleasant Grove, UT 84062
Additionally, please note the following:
- All refunds will be processed to the original card used for purchase
- All returns are subject to a $4.95 Return Product Fee (RPF)
CHANGES TO TERMS AND CONDITIONS
WE RESERVE THE RIGHT, AT OUR DISCRETION, TO MODIFY, ADD, OR REMOVE PORTIONS OF THESE TERMS AND CONDITIONS AT ANY TIME AND EACH SUCH CHANGE SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. THE DATE OF THESE TERMS AND CONDITIONS IS NOTED UNDER THE “TERMS AND CONDITIONS” HEADING ABOVE. PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES.
THIS SITE DOES NOT PROVIDE MEDICAL ADVICE
The information, including but not limited to, text, graphics, images and other material contained on this website (‘The Information’) are for informational purposes only. The Information should not be considered complete and does not cover all health issues. does not recommend the self-management of health problems nor does it endorse any particular type of medical treatment. The Information should not be used in place of a visit with, call to, consultation or advice from your physician or other health care provider. The Information is not a substitute for professional medical advice and nothing contained on this site or in a response to an e-mail is intended to be instructional for medical diagnosis or treatment. We do not provide any medical advice. We urge you to contact your doctor if you feel you require medical advice or treatment.
THIS SITE IS INTENDED FOR ADULTS
This site is not intended or designed to attract anyone under the age of 18. We do not collect personally identifiable information from any person we willfully know is under the age of 18. By using this site, you acknowledge that you are 18 years or older.
Shipping Insurance
All insured orders are replaced or refunded on a case by case basis
CUSTOMER CARE
If you have any questions, please call us at 833-MORE-HEMP (833-667-3223). Customer Service is open from 9 am to 4:30 pm Pacific. You may also email us 24 hours a day at [email protected]. Emails are answered on a first come first serve basis. Most emails are typically answered same day, we do ask that you allow 24 business hours to receive a response.
Temporary Price Reduction
For your convenience and benefit, may temporarily reduce the price of your order for promotional purposes, or to ensure that your purchase order transaction is capable of being processed by your credit card company or processor. If Company reduces the price of the Product as described herein, you will be billed at the reduced price until the promotional period ends or Company is assured of payment by your credit card company or its processor, after which time the Product price will be restored to its usual price, without prior notice to you. If your order is processed at the reduced price a new billing cycle will begin from the date of the new payment processing.
Ordering Products Other Than
Products offered for sale by on the Website, with the exception of , are not offered in connection with any Trial, Evaluation, or Trial Period, and are billed in full at the time of your order. The price and/or automatic delivery plan of each product may vary and will be disclosed adjacent to the Product on the Website. Your credit card will be billed for this amount on the date you place your order and it will appear as a separate transaction on your billing statement. You manifest your agreement to ordering these products and to this immediate charge by clicking any button containing the words “Yes Please”; “I Agree”; “Rush My Order”; “Submit” or similar syntax, whether you have read these terms or not.
CREDIT CARD DESCRIPTOR, BILLING ERRORS
By ordering any products or services from trytommy.com, you authorize us to charge your credit card accordingly. This authority shall remain in effect until and unless you have canceled future orders of the products as described in this Agreement. If you believe that you have been billed in error, please notify our Customer Service Department at 833-MORE-HEMP (833-667-3223) immediately. If we do not hear from you within 30 days after such billing error first appears on any account statement, the billing will be deemed accepted by you for all purposes, including resolution of inquiries made by your credit card issuer. You are deemed to have released Company from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to Company within thirty (30) days of its appearance on your credit card account statement.
REPRESENTATIONS, DISCLAIMERS
It is our Company mission to provide our customers with the finest Products available. We believe in the efficacy of the Products we sell. You understand, however, that the statements on the Website, promotional materials and the Product have not been evaluated by the United States Food and Drug Administration, and the Product is not intended to diagnose, treat, cure or prevent any disease. The information provided by our Websites or this Company is not a substitute for a face-to-face consultation with your health care professional and should not be construed as individual medical advice. Individual results will vary.
The Product is intended for use by persons at least 18 years of age. If you are pregnant, nursing or taking any medication, you represent and warrant that you either have consulted, or will consult, with a health care professional before taking the Product, and you will cease immediately taking the Product and will contact a health care professional if you experience any ill effects or unintended side effects of the Product.
We want you to have the most accurate information concerning the Product. The information we communicate to you about the Product and/or its efficacy is obtained from independent third parties such as educational institutions, scientific and news articles and agencies, nutritional specialists, scientific reports and researchers (“Information Sources”). We do not warrant or represent that Information Sources are not error-free, nor do we warrant any Information Source or the methods that they use to arrive at their conclusions. All Product specifications, performance data and other information on our Websites are for informational and illustrative purposes only, and do not constitute a guarantee or representation that the Product will conform to such specifications or performance data.
We do not guarantee that you will have any specific or particular result or benefit from the Product, or that your experience will match those of others who use the Product. Individual results will vary from person to person.
YOUR REPRESENTATIONS
You represent that you are at least 18 years of age and that you will not permit a person under 18 to order, or use, the Product. You represent that the information provided by you when placing your order is up-to-date, materially accurate and sufficient for us to fulfill your order in a timely and efficient manner. You are responsible for maintaining and promptly updating your account information with us and keeping such information (and any passwords given to you for the purposes of accessing the Website and/or purchasing Products) secure against unauthorized access. Unless agreed otherwise or required by applicable law, any warranties provided in relation to the Product only extend to you on the understanding that you are a user, and not a reseller, of the Product. You shall not re-sell, re-distribute or export any Product that you order from the Website.
You agree to pay for the Product and any tax or VAT, shipping or handling of Product as such costs are specified by us on the Website when you submit your purchase order. Payment shall be made prior to delivery and by such methods as indicated on the Website (and not by any other means unless we have given our prior consent to such alternative payment methods).
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Company, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your misuse of the Website, or your breach of any of these terms and conditions of this Agreement. We shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. If we do not hear from you promptly, we reserve the right to defend such claim or suit and seek full recompense from you.
NOTICES
Any notice or other communications arising in relation to this Agreement shall be given in writing by sending a letter to our company address:
TommyChong’s HEMP
274 S 700 W Pleasant Grove, UT 84062
In the case of sending notices to you, Company will use the address you provided to Company when you ordered your Product.
TERMINATION
We reserve the right to terminate your access to or use of this Website and/or your subscription to the Product should we believe that you have violated any of the terms of this Agreement or if we believe you have sought, in bad faith, charge backs, credit backs, Product returns, discounts or any other conduct designed to injure, harass or disrupt this Website or the Company’s business operations.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND THAT YOUR USE OF TOMMYCHONG’S HEMP APPLICATIONS AND SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING TOMMYCHONG’S HEMP APPLICATIONS AND SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT TOMMYCHONG’S HEMP APPLICATIONS AND SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT INCLUDED IN OR ACCESSIBLE FROM TOMMYCHONG’S HEMP APPLICATIONS AND SERVICES, ARE PROVIDED ON AN “AS IS” “WHERE-IS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. IN ADDITION TO THE PRECEDING PARAGRAPH AND OTHER PROVISIONS OF THIS AGREEMENT, ANY ADVICE THAT MAY BE POSTED ON TOMMYCHONG’S HEMP APPLICATIONS ARE FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND IS NOT INTENDED TO REPLACE OR SUBSTITUTE FOR ANY PROFESSIONAL FINANCIAL, MEDICAL, LEGAL, OR OTHER ADVICE. TOMMYCHONG’S HEMP MAKES NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY CONCERNING ANY TREATMENT, ACTION BY, OR EFFECT ON ANY PERSON FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH TOMMYCHONG’S HEMP APPLICATIONS AND SERVICES. IF YOU HAVE SPECIFIC CONCERNS OR A SITUATION ARISES IN WHICH YOU REQUIRE PROFESSIONAL OR MEDICAL ADVICE, YOU SHOULD CONSULT WITH AN APPROPRIATELY TRAINED AND QUALIFIED SPECIALIST. YOU ACKNOWLEDGE THAT TOMMYCHONG’S HEMP MAKES NO WARRANTY THAT TOMMYCHONG’S HEMP APPLICATIONS OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT TOMMYCHONG’S HEMP DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF TOMMYCHONG’S HEMP APPLICATIONS OR SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. YOUR USE AND BROWSING OF TOMMYCHONG’S HEMP APPLICATIONS AND SERVICES IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN TOMMYCHONG’S HEMP APPLICATIONS AND SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING TOMMYCHONG’S HEMP APPLICATIONS AND SERVICES.TO THE FULLEST EXTENT PERMITTED BY LAW, TOMMYCHONG’S HEMP DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO TOMMYCHONG’S HEMP APPLICATIONS AND SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM TOMMYCHONG’S HEMP APPLICATIONS AND SERVICES. ALL CONTENT, PRODUCTS AND THIRD-PARTY SERVICES ON TOMMYCHONG’S HEMP APPLICATIONS, OR OBTAINED FROM A WEBSITE TO WHICH TOMMYCHONG’S HEMP APPLICATIONS ARE LINKED ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. TOMMYCHONG’S HEMP DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE MERCHANTABLITY OF ANY PRODUCT OR SERVICE ACCESSED FROM TOMMYCHONG’S HEMP APPLICATIONS AND SERVICES OR A LINKED SITE. OTHER THAN AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCE WILL TOMMYCHONG’S HEMP BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH TOMMYCHONG’S HEMP APPLICATIONS AND SERVICES OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM TOMMYCHONG’S HEMP APPLICATIONS AND SERVICES OR A LINKED SITE.
LIABILITY LIMITATION
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TommyChong’s HEMP OR ITS PARENT, SUBSIDIARIES OR AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF TommyChong’s HEMP APPLICATIONS AND SERVICES, EVEN IF TommyChong’s HEMP HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. TommyChong’s HEMP LICENSORS AND CONTRACTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN TommyChong’s HEMP AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED $10.
INDEMITY AND RELEASE
You understand that you are personally responsible for your behavior while on TommyChong’s HEMP Applications or using the Services and agree to indemnify and hold TommyChong’s HEMP, and its parent, subsidiaries, affiliates, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) that we may incur arising out of or related to your use of TommyChong’s HEMP Applications and or Services or in connection with a third party claim or otherwise, in relation to your use of TommyChong’s HEMP Applications or Services or access to TommyChong’s HEMP Applications, or your violation of either these Terms, applicable law or the rights of any third party. You are solely responsible for your own interactions with any persons you interact with who you met through TommyChong’s HEMP Applications and Services. To the extent permitted under applicable laws, you hereby release TommyChong’s HEMP from any and all claims or liability related to your use of TommyChong’s HEMP Applications or Services. In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” Access to Services. TommyChong’s HEMP reserves the right to change, discontinue or suspend its Services at any time for any reason. TommyChong’s HEMP shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Terms. Any decision TommyChong’s HEMP makes relating to termination or suspension of any person’s account shall be final and binding. You agree that we may terminate, modify, discontinue or abandon TommyChong’s HEMP Applications and Services with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment. If this Agreement is terminated for any reason, the provisions within sections titled
PROPRIETARY RIGHTS AND LEGAL NOTICES shall survive any such termination. TommyChong’s HEMP Applications are governed by the terms and conditions set out in our privacy policy found at Privacy Policy, which is incorporated herein by reference. No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
RESOLUTION OF DISPUTES
These Terms shall be governed by and construed in accordance with the laws of the State of Nevada without application of conflict of laws rules, except that the Arbitration provision shall be governed by the Federal Arbitration Act. Resolution of any Dispute. In the event a dispute arises between you and TommyChong’s HEMP, we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our customer care department at (855) 687-2628, or e-mailing us at [email protected]. If, however, there is an issue that needs to be resolved, these Terms describe how both of us will proceed: Timing of Dispute: Any claim you may have with respect to TommyChong’s HEMP, the Services, the content or TommyChong’s HEMP Applications and Services must be commenced within two (2) years after the claim arises or it shall be barred.
LIMITATION OF LEGAL REMEDY
INSTEAD OF SUING IN COURT, YOU AND TommyChong’s HEMP EACH AGREE TO ARBITRATE DISPUTES ON A BILATERAL (INDIVIDUAL) BASIS. You and TommyChong’s HEMP agree that any dispute, controversy or claim arising out of arising out of or relating to any aspect of our relationship; any content accessible from TommyChong’s HEMP Applications, including User Content; claims that may arise after the termination of the Services; and claims related to marketing efforts, including complaints concerning unsolicited text messages, emails, and telemarketing calls. (“Claim(s)”) which cannot be settled through the customer service department refunding your payments in full, shall be resolved by one arbitrator through binding arbitration. This agreement to arbitrate is intended to be broadly interpreted. It includes Claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory. The arbitrator’s decision and award are final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction. Class Action Waiver. We each agree that each of us are waiving the right to a trial by jury and may bring claims against the other only in an individual capacity and not in a class action or representative proceeding. All arbitrations under these Terms shall be conducted on an individual (and not a class-wide) basis, and an arbitrator shall have no authority to award class-wide relief.
You acknowledge and agree that these Terms specifically prohibit you from commencing any legal proceedings as a representative of others or joining in any arbitration proceedings brought by any other person (“Class Action Waiver”). Arbitration Procedures. A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought. All Notices to TommyChong’s HEMP shall be sent to the following address: TommyChong’s HEMP ATTN: Legal Department, 274 S 700 W Pleasant Grove, UT 84062. All notices sent by TommyChong’s HEMP to you will be sent to the email provided in your Billing Account. Upon receipt of such Notice, the other party shall have a sixty (60) day period in which it may satisfy the Claim against it by fully curing the Claim and/or providing all the relief requested in the Notice, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such sixty-day cure period, you or TommyChong’s HEMP may commence an arbitration proceeding. The arbitration of any Claim under this Agreement shall be referred to the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes. These rules and procedures are available by calling the AAA or by visiting its web site at www.adr.org. The arbitration of any Claim shall be conducted in the State in which you reside, and for any claim that does not exceed $10,000TommyChong’s HEMP will: (1) pay all costs of the arbitration; (2) if you prefer will conduct the arbitration by telephone, and (3) will not seek attorney’s fees in the event TommyChong’s HEMP prevails. Each party shall pay the fees and costs of its own counsel, experts and witnesses. Choice of Law. This Agreement concerns a transaction in interstate commerce, and therefore shall be governed by the United States Federal Arbitration Act, 9 U.S.C. § 1 et seq. The FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration. Exception. All parties, including related third parties, shall retain the right to seek adjudication in a small claims tribunal for disputes within the scope of such tribunal’s jurisdiction. Any dispute, which cannot be adjudicated within the jurisdiction of a small claims tribunal, shall be resolved by binding arbitration, with the exception of any claim or action for indemnification, contribution, interpleader, or injunctive relief arising out of a Claim, which claims, or actions shall not be subject to arbitration. Any appeal of a judgment from a small claims tribunal shall be resolved by binding arbitration. Survival. This arbitration provision shall survive termination of this Agreement and the closing of your account or membership. Severability. If any provision of these Terms is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable except that if for some reason this prohibition on Class Action Waiver cannot be enforced, then this agreement to arbitrate will not apply.
MISCELLANEOUS
These Terms and policies incorporated herein, are the entire agreement between you and TommyChong’s HEMP. They supersede any and all prior or contemporaneous agreements between you and TommyChong’s HEMP relating to your use of TommyChong’s HEMP Applications or the Services. TommyChong’s HEMP may assign these Terms, in whole or in part, at any time. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of this agreement. The failure of TommyChong’s HEMP to partially or fully exercise any rights or the waiver of TommyChong’s HEMP of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by TommyChong’s HEMP or be deemed a waiver by TommyChong’s HEMP of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of TommyChong’s HEMP under these Terms and any other applicable agreement between you and TommyChong’s HEMP shall be cumulative, and the exercise of any such right or remedy shall not limit TommyChong’s HEMP’ right to exercise any other right or remedy.
