We may periodically modify these Terms. If we make significant changes to the Terms we will notify you via the Offerings (e.g., by providing notice via our website or email) indicating that the Terms have been changed. By continuing to use the Offerings you are consenting to the revised Terms. If you do not agree with the modifications, you must cease using the Offerings.
PLEASE NOTE THAT THESE TERMS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS. VIEW THESE TERMS HERE.
- ELIGIBILITY AND ACCOUNTS.
The Products and Offerings are intended solely for users who are legally permitted to purchase such product according to applicable state law. Any use of the Products or access to the Offerings by anyone who is not so permitted is strictly prohibited and in violation of these Terms. By using the Products and Offerings, you represent to us that you are legally permitted to use CBD and CBG products in your state.
- Safety. To ensure proper performance of your Product and to best avoid injury or damage, ensure your Product is applied properly.
- Resale. Purchases of Products are intended for end users only and are not authorized for resale without written permission.
- Limited Warranty. The Limited Warranty Statement for Relm LLC Products is available here.
- LIMITATIONS OF OFFERINGS.
- Reliability and Availability. Our aim is that our Offerings are reliable and available, but you acknowledge and agree that they are not intended to be 100% reliable or 100% available.
- Product Requirements. You acknowledge that Relm LLC is not responsible for any losses or damages caused by the use of the Offerings that do not meet our compatibility specifications available here.
- OPEN SOURCE SOFTWARE.
Certain items of software included with the Product Software and website are subject to “open source” or “free software” licenses (“Open Source Software”). Some of the Open Source Software is owned by third parties. The Open Source Software is not subject to these Terms. Instead, each item of Open Source Software is licensed under the terms of the end-user license that accompanies such Open Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. If required by any license for particular Open Source Software, Relm LLC makes such Open Source Software, and Relm LLC’s modifications to that Open Source Software, available here.
- LINKS TO THIRD-PARTY SITES AND MOBILE APPLICATIONS.
We may make available a link to a third party's website and other mobile applications via the Offerings. These links will let you leave the Website or the website. The linked sites and applications are not under our control, and we are not responsible for the contents of any linked site or application, or any link contained in a linked site or application, or any changes or updates to such sites and applications. We are not responsible for webcasting or any other form of transmission received from any linked site or application. We provide the links to you only as a convenience. We do not endorse any such site or application or its use or contents.
- UNSOLICITED SUBMISSIONS.
We are pleased to hear from our customers and welcome your comments regarding our Offerings. We request that you be specific in your comments. If you or your Authorized Users send us comments, suggestions, ideas, materials, notes, drawings, concepts or other information, or post comments on any publicly accessible blog or community forum on the Website (collectively, “Submissions”), you and your Authorized Users (as applicable) grant to Relm LLC a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, royalty-free license to use, copy, modify, publicly display, publicly perform, distribute and otherwise exploit the Submissions. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions.
- DMCA POLICY.
Relm LLC respects the intellectual property rights of others and requests that users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, Relm LLC has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Offerings who are repeat infringers. Relm LLC may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials on the Website or Offerings infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C. 512) (“DMCA”) by sending the following information in writing to Relm LLC’s designated copyright agent at Relm LLC, Inc., Attention: Legal , 4152 Meridian St. Ste 105 #504, Bellingham, WA 98226:
- The date of your notification;
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that site;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter-Notices. If you believe that your content that has been removed from the Website or Offerings is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content on the Website or Offerings, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
- Your physical or electronic signature;
- A description of the content that has been removed and the location at which the content appeared before it was removed;
- A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which Relm LLC is located and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Relm LLC copyright agent, Relm LLC may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in Relm LLC’s discretion) be reinstated on the Website and Offerings in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.
- INTELLECTUAL PROPERTY AND CONTENT.
The Offerings, and the design, text, graphics, images, video, information, applications, tools, software, and other content contained therein (excluding any Submissions), and the arrangement thereof, including the Relm LLC company name and logo and all related products and service names, design marks and slogans, any inventions, techniques, methods, works of authorship, know-how, publicity rights, trademarks, trade-dress, and trade secrets (collectively, “Content”), and all intellectual property and proprietary rights related thereto, are as between you, your Authorized Users and us the sole property of Relm LLC. All rights in Content not expressly granted in these Terms are reserved by Relm LLC.
Without the prior written consent of Relm LLC, you and your Authorized Users shall not (i) use any Relm LLC name, trademark or other branding element in any advertising, publicity or in any other commercial manner, (ii) use any meta tags or any other “hidden text” utilizing any Relm LLC name or branding element, (iii) use the Relm LLC domain name or any domain name that is confusingly similar to our domain name as a pseudonymous return e-mail address, or (iv) reproduce (except solely as required for you to use the Offerings for their intended purposes), alter, modify, create derivative works from, rent, lease, loan, sell, distribute or publicly display any of the Content.
- MISCELLANEOUS TERMS.
The miscellaneous terms and conditions contained below apply to you to the extent you or your Authorized Users access or use any portion of the Offerings.
- Electronic Communications. You are communicating with Relm LLC electronically when you use the Offerings or send an email to Relm LLC. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Notifications. In addition to sending notifications to you through the website, Relm LLC may also provide notifications to you as required by law or for marketing or other purposes via (at Relm LLC’s option) email to the primary email associated with your Relm LLC account, hard copy, or posting of such notice on the Relm LLC website. Relm LLC is not responsible for any automatic filtering you or your network provider may apply to email notifications. Relm LLC recommends that you add @RelmWellness.com URLs to your email address book to help ensure you receive email notifications from Relm LLC.
- Compliance with Laws. The Products have been designed, marketed, and sold for use by residents of the United States only. All safety warnings, information, instructions, packaging, in-box materials, website, and support services are provided only in English. The Products should not be used outside of the United States. You are responsible for ensuring that use of the Product is in compliance with all applicable laws and regulations. There may be laws or regulations in the jurisdiction in which you install a particular Product applicable to where and how to install that Product. You acknowledge that you, not Relm LLC, are responsible for ensuring your compliance with all applicable laws and regulations in your jurisdiction. Relm LLC is not responsible for any injury or other damage caused by misuse of the Product or your failure to comply with such laws or regulations. We are not liable or responsible if you violate any such law or regulation.
- Warranty Disclaimer (Website and Content). ANY USE OF THE WEBSITE, website OR CONTENT, INCLUDING ANY RELIANCE UPON OR USE OF ANY OF THE INFORMATION THEREIN, SHALL BE AT YOUR AND YOUR AUTHORIZED USERS’ SOLE RISK. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE WEBSITE, website AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND (ALL OF WHICH ARE HEREBY DISCLAIMED), WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU AND YOUR AUTHORIZED USERS HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU AND YOUR AUTHORIZED USERS HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.
- Limitation of Liability (Website and Content). IN NO EVENT SHALL Relm LLC OR ANY OF ITS LICENSORS OR INFORMATION PROVIDERS AND OTHER SUPPLIERS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES AND AGENTS (COLLECTIVELY, “Relm LLC PARTIES”) BE LIABLE TO YOU OR ANY USER IN CONNECTION WITH THE WEBSITE OR CONTENT FOR ANY SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR LOSS OF PROFITS, REVENUE, USE, OR DATA, IN EACH CASE ARISING UNDER ANY THEORY, INCLUDING UNDER WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF SUCH Relm LLC PARTY IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
THE Relm LLC PARTIES’ AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY CLAIMING THROUGH YOU IN CONNECTION WITH THE USE OF THE WEBSITE, CONTENT AND website IS LIMITED TO THE GREATER OF (A) THE AMOUNTS, IF ANY, YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY OR (B) $100.
The foregoing limitations apply, even if the remedy fails of its essential purpose.
Please refer to the limited warranty statement for details on the warranty and limitation of liability for the product.
- Indemnification. You agree to defend and indemnify the Relm LLC Parties from any claim or demand, including any and all losses, liabilities, claims, demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, and awards, including reasonable attorneys’ fees and costs, whether brought by third parties or otherwise, due to or arising out of your or your Authorized Users’ breach of these Terms and any use of the Offerings other than as expressly permitted in these Terms. The foregoing indemnity obligations will survive any termination of the Terms or your or your Authorized Users’ use of the Offerings. Relm LLC may, at its own expense, assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this section. You agree not to settle any matter subject to the foregoing indemnification obligations without the express consent and approval of Relm LLC.
- Termination and Suspension. We may terminate these Terms, or terminate, suspend or restrict your and your Authorized Users’ access to the Offerings, in the event that you or your Authorized Users violate any of the Terms. Upon termination or suspension, your and your Authorized Users’ right to access the Website and use the Offerings will immediately cease. We may discontinue, temporarily or permanently, all or part of the Offerings with or without notice. If your or your Authorized Users’ access to the Offerings is suspended or terminated by us you and they agree that you and they will not attempt to access the Offerings by any alias or other disguised or fraudulent identity or otherwise without our express prior written approval.
- Violations and Complaints. Without limiting Relm LLC’s rights or remedies under these Terms or at law or in equity, Relm LLC may investigate complaints related to your use of the Offerings and alleged violations of these Terms and take any action we deem necessary and appropriate in connection with such complaints and violations. Such action may include reporting any suspected activity that is in violation of these Terms or in violation of any law to law enforcement officials, regulators, or other third parties. In addition, we may disclose any information necessary or appropriate to such persons or entities, including personal information, relating to such complaints and violations. You and your Authorized Users agree that monetary damages may not provide a sufficient remedy to us for violations of the Terms and you and they consent to injunctive or other equitable relief for such violations.
- General. You may not assign these Terms or otherwise transfer or sublicense any rights or obligations hereunder, in whole or in part; any attempt to do so shall be void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. If for any reason a court of competent jurisdiction finds any provision of the Terms to be invalid or unenforceable, such provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms will continue in effect and remain fully enforceable. Relm LLC shall not be liable to you for a failure or delay in its performance of any of its obligations under these Terms to the extent that such failure or delay is caused by events such as fire, riot, flood, labor disputes, natural disaster, regulatory action, internet or telecommunications failures, terrorist acts, or other causes beyond Relm LLC’s reasonable control. Except as expressly stated herein, the Terms constitute the entire agreement between you and Relm LLC with respect to the Offerings, and the Terms supersede and replace all prior or contemporaneous communications, proposals, understandings or agreements, whether electronic, oral or written, between you and Relm LLC with respect to the Offerings or the subject matter of these Terms. Any waiver of any provision of the Terms will be effective only if in writing and signed by you and Relm LLC. Our failure to enforce our rights and remedies available to us with respect your breach of these Terms shall not constitute a waiver of such breach nor of any prior, concurrent, or subsequent breach of the same or any other provision of these Terms.
- Governing Law and Arbitration; No Class Actions. These Terms, and any claim, cause of action or dispute (“claim”) arising out of or related to these Terms shall be governed by the laws of the State of California regardless of your country of origin or where you access the Offerings. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS OR THE OFFERINGS WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except for Relm LLC’s right to seek injunctive relief as set forth below.
If you do not want to arbitrate disputes with Relm LLC and you are an individual, you may opt out of this arbitration agreement by sending an email to info@RelmWellness.com within 30 days of the day you first access or use the Offerings.
If you intend to seek arbitration you must first send written notice to Relm LLC’s Customer Service Center of your intent to arbitrate (“Notice”). The Notice to Relm LLC should be sent by any of the following means: (i) electronic mail to info@RelmWellness.com; or (ii) sending the Notice by U.S. Postal Service certified mail to Relm LLC, Inc., Attention: Legal, 4152 Meridian St. Ste 105 #504 Bellingham, WA 98226 The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought; and (z) set forth your name, address and contact information. If we intend to seek arbitration against you, we will send any notice of dispute to you at the contact information we have for you.
The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings will be governed by the American Arbitration Association (“AAA”) under its AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes, as modified by these Terms. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of these Terms. If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. We will reimburse all other AAA filing, administration and arbitrator fees paid by you, unless the arbitrator determines that the arbitration was frivolous or brought for an improper purpose, in which case the payment of all such fees shall be governed by the AAA rules. The arbitration will be conducted in the English language. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. For any claim where the potential award is reasonably likely to be $10,000 or less, either you or Relm LLC may elect to have the dispute resolved through non-appearance-based arbitration.
To the fullest extent permitted by applicable law, YOU AND Relm LLC EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, YOU AND Relm LLC EACH WAIVE ANY RIGHT TO A JURY TRIAL. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and Relm LLC agree that all claims arising out of or related to these Terms must be resolved exclusively by a state or federal court located in Whatcom County, Washington, and you and Relm LLC each agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating all such claims. Notwithstanding the above, you agree that Relm LLC shall still be allowed to apply for and obtain injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
- Notice and Contact. Any notices given by you under these Terms shall be given in writing or by email and shall be delivered to the following address:
4152 Meridian St. Ste 105 #504
Bellingham, WA 98226
If you would like to contact Relm LLC customer support, please contact us via email at info@Relmwellness.com.
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Last modified on July 3rd, 2019.