Terms of Service
This website, https://cbdsky.com, and all related applications (hereinafter jointly the “Platform“) are provided by CBD SKY (hereinafter “we“).
The Terms of Service constitute the entire agreement between you as a user of the Platform (hereinafter “you“).
You agree to use the Platform only for lawful purposes. You shall be at least 21 (twenty one) years old to use the Platform.
On the Platform you may purchase goods connected to cannabidiol in accordance with the applicable law (hereinafter the “Goods“). Prices are listed on the Platform for the Goods, unless otherwise noted. You are solely responsible for all additional fees in connection with the purchase of the Goods.
Purchases of the Goods are subject to their availability. We may limit the amount offered on the Platform or limit to any anyone.
Payment means are present on the Platform. Orders are shipped only after receipt of full payment. You are responsible for the payment of fees. Delivery means are present on the Platform. The rules of delivery are regulated by delivery service providers, unless otherwise noted. You may order the Goods only if the Goods are not prohibited in your state or country.
IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE TERMS OF SERVICE.
TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS OF SERVICE APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE GOODS, OR RELATED TO USE OF, OR INABILITY TO USE, THE GOODS, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
If we are found to be liable, our liability to you or to any third party is limited to the price of the Goods sold to you (including any applicable taxes) and their original shipping costs; the amount of prices in dispute not to exceed the total price, which you paid to us in the 12 (twelve) months prior to the action giving rise to the liability; or $100 (one hundred dollars).
If your national, federal, state or local law does not allow any of these disclaimers or limitations the non-applicable disclaimers or limitations do not apply to you. If your national, federal, state or local law requires a certain period for which a warranty applies, it will be either the shorter of 30 days from your first use of the Goods or the shortest period required by law.
You agree to indemnify and save harmless us, and any of its respective successors, licensees and assigns, from any and all losses, costs, liabilities, damages and expenses resulting in any breach of any representation, warranty or covenant under the Terms of Service.
You agree that you and we can only bring a claim against each other on an individual basis. You waive your right to a jury trial or a trial before a judge in a public court.
If any part of the Terms of Service is not enforceable, the rest of the Terms of Service shall still apply and be binding and any unenforceable term will be substituted reflecting our intent as closely as possible.
The Terms of Service make up the entire agreement between you and us relating to the subject matter of the Terms of Service.
We are not liable for any changes or problems out of our control including, but not limited to, changes or problems caused by like natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Your relationship to us is that of an independent contractor, and neither party is an agent or partner of the other. You will not have, and will not represent to any third party that it has, any authority to act on behalf of us.
If you have any question regarding the Terms of Service, data protection or other relevant issues on our Platform, you can contact us at [email protected].
Independent Affiliate Agreement Terms and Conditions
Please note that throughout this Agreement, “we,” “us,” and “our” refer to cbdsky.com a.k.a. CBD SKY, and “you,” “your,” and “yours” refer to the Affiliate. This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in CBDSKY.com’s Affiliate Program. The purpose of this Agreement is to allow HTML linking and tracking between your online digital marketing efforts and the cbdsky.com web site.
Terms and Conditions
1. You understand that as a CBDSKY.com Affiliate:
a. You have the right to offer CBDSKY products for sale in accordance with these Terms and Conditions.
b. You have the right to invite other affiliates into CBDSKY.com.
c. You will comply with all federal, state, county and municipal laws, ordinances, rules, and regulations, and shall make all reports and remit all financial withholdings or other deductions as may be required by any federal, state, county or municipal law, ordinance, rule or regulation.
d. You will perform obligations as an Affiliate with honesty and integrity.
2. You agree to accept the current CBD SKY compensation plan as set forth on the CBDSKY.com website.
3. You agree that as a CBD SKY Affiliate you are an independent contractor, and not an employee, agent, partner, legal representative, or franchisee of CBD SKY. You are not authorized to and will not incur any debt, expense, obligation, or open any checking account on behalf of, for, or in the name of CBD SKY. You agree that you will be solely responsible for paying all expenses incurred including but not limited to travel, food, lodging, secretarial, office, long distance telephone and other expenses. YOU UNDERSTAND THAT YOU SHALL NOT BE TREATED AS AN EMPLOYEE OF CBD SKY FOR FEDERAL OR STATE TAX PURPOSES. CBD SKY is not responsible for withholding taxes, and shall not withhold or deduct from bonuses and/or commissions, if any, FICA, or taxes of any kind, unless specifically ordered to do so by the Internal Revenue Service or similar government organization.
4. You understand that you must be in good standing, and not in violation of the Agreement, to be eligible for bonuses or commissions from CBD SKY. You understand that these Terms and Conditions, may be amended at the sole discretion of CBD SKY, and you agree that any such amendment will apply to you. Notification of amendments shall be published and/or sent by email. Amendments shall become effective upon notification. The continuation of CBD SKY business or acceptance of bonuses or commissions shall constitute your acceptance of any and all amendments.
5. The term of this agreement is one month from the date accepted and shall automatically renew for successive one-month terms unless cancelled as provided herein. You understand that either party may elect not to renew the Agreement by notifying the other party at least five (5) days prior to any monthly renewal date. If CBD SKY elects not to renew the Agreement, such notice shall be emailed to Affiliate at the last email address provided by Affiliate to CBD SKY.
If you elect to not renew the Agreement, you understand that you must submit a formal cancel request by email at least five (5) days prior to the monthly renewal date.
If either party elects not to renew the Agreement, or if it is canceled or terminated for any reason, you understand that you will permanently lose all rights as an Affiliate. You shall not be eligible to sell CBD SKY products, nor shall you be eligible to receive commissions, bonuses, or other income resulting from the activities of my former downline sales organization. In the event of cancellation, termination or non-renewal, you waive all rights you have, including but not limited to property rights, former downline organization and to any bonuses, commissions or other remuneration derived through the sales and other activities of former downline organization. CBD SKY reserves the right to terminate all Affiliate Agreements upon 30 days’ notice if the Company elects to: (1) cease business operations; (2) dissolve as a business entity; or (3) terminate distribution of its products and/or services via direct selling channels.
6. You may not assign any rights or delegate my duties under the Agreement without the prior written consent of CBD SKY. Any attempt to transfer or assign the Agreement without the express written consent of CBD SKY renders the Agreement voidable at the option of CBD SKY and may result in termination of business.
7. You agree that you will not send unsolicited commercial emails unless such emails strictly comply with applicable laws and regulations including, without limitation, the federal CAN SPAM Act. You agree that any email that you send that promotes CBD SKY, the CBD SKY opportunity, or CBD SKY products and services must comply with the following:
a. There must be a functioning return email address to the sender.
b. The email must include a physical mailing address.
c. The email must clearly and conspicuously disclose that the message is an advertisement or solicitation.
d. The use of deceptive subject lines and/or false header information is prohibited.
e. You will honor all opt-out requests, whether received by email or regular mail. If you receive an opt-out request from a recipient of an email, you agree to forward the opt-out request to CBD SKY.
All email sent with any mention of or linking in any way to our products, services, offerings, or anything whatsoever tied to our company must be fully compliant with the Can-Spam Act. They must also be fully compliant with all our additional anti-Spam requirements as outlined above. Failure to comply with all our anti-Spam requirements even if your message is Can-Spam compliant is a direct violation of our Anti-spam policies.
8. You understand that if you fail to comply with the terms of the Agreement, CBD SKY may, at its discretion, impose disciplinary action. If you are in breach, default or are in violation of the Agreement at termination, you shall not be entitled to receive any further bonuses or commissions, whether or not the sales for such bonuses or commissions have been completed.
9. Intellectual Property Rights of CBDSKY.com that hereby grants to you, during the Term a non-exclusive, non-transferable, revocable right to establish and distribute html hyperlinks for cbdsky.com and to use CBD SKY’s trade names, logos, trademarks and service marks as is reasonably necessary to establish and promote such hyperlinks and to otherwise perform your obligations under this Agreement; provided, however, that any other promotional materials or usages containing any use of CBD SKY’s property will be subject to CBDSKY.com’s prior written approval.
10. You understand and agree to comply with the Terms of Service and Policies & Procedures of any and all websites/web-based programs in which you are directly or indirectly mentioning or linking from/to in any way for products, services, offerings, or anything whatsoever tied to or in connection with CBD SKY. You understand that violating the Terms of Service/Policies & Procedures of a third-party website or web-based program can be considered a direct violation of CBD SKY Terms of Service and can result in action being taken against your Affiliate account.
11. You understand and agree that no income claims, income projections, nor income representations may be made to prospective Affiliates. Any false, deceptive, or misleading claims regarding the CBD SKY opportunity or CBD SKY products and services are prohibited. Furthermore, you understand that you may in no way attempt to misleadingly represent an employee of CBD SKY. Affiliates are independent contractors and are not purchasers of a franchise or business interest. All Affiliates may list themselves as an “Independent CBD SKY Affiliates”
12. CBD SKY, its directors, officers, shareholders, employees, assigns, and agents shall not be liable for, and released from all claims for consequential and exemplary damages. You further agree to release CBD SKY and its directors, officers, shareholders, employees, assigns, and agents from all liability arising from or relating to the promotion or operation of my CBD SKY business and any activities related to it and agree to indemnify CBD SKY for any liability, damages, fines, penalties, or other awards arising from any unauthorized conduct that you undertake in operating business.
12. The Agreement, in its current form and as amended by CBD SKY at its discretion, constitutes the entire contract between CBD SKY and you. Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.
13. Any waiver by CBD SKY of any breach of the Agreement must be in writing and signed by an authorized officer of CBD SKY. Waiver by CBD SKY of any breach of the Agreement by you shall not operate or be construed as a waiver of any subsequent breach.
14. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and the balance of the Agreement will remain in full force and effect.
15. This Agreement will be governed by and construed in accordance with the laws of the State of Texas, without regard to principles of conflicts of laws. All disputes and claims relating to CBD SKY, the Affiliate Agreement, the rights and obligations of an independent Affiliate and CBD SKY, or any other claims or causes of action relating to the performance of either an independent Affiliate or CBD SKY under the Agreement or the CBD SKY Policies and Procedures shall be settled totally and finally by arbitration in Texas. All issues related to arbitration shall be governed by the Federal Arbitration Act. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. This agreement to arbitrate shall survive any termination or expiration of the Agreement. Nothing in the Agreement shall prevent CBD SKY from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, permanent injunction or other relief available to safeguard and protect CBD SKY’s interest prior to, during or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding. If an Affiliate wishes to bring an action against CBD SKY for any act or omission relating to or arising from the Agreement, such action must be brought within one year from the date of the alleged conduct giving rise to the cause of action. Failure to bring such action within such time shall bar all claims against CBD SKY for such act or omission. Affiliate waives all claims that any other statutes of limitations applies.
You give us consent to the processing of your personal data.
We may collect your personal data in a variety of ways including, but not limited to, when you register on the Platform; when you fill out any form; when you send us an e-mail; and in connection with other activities, services, features or resources we make available on the Platform.
We may process your personal data for the following purposes: to provide the services and Goods; to respond to inquiries, questions or other requests; to provide, improve, test, and monitor the effectiveness of the services; to develop and test new goods and features; for statistical purposes; and in cases provided by law.
Your personal data may include: name; surname; telephone number; email address; billing address; payment information; location; other relevant data under the definition of the personal data.
The Platform is not designed or intended to attract children under the age of 13 (thirteen). We do not process personal data from any person we actually know is under the age of 13 (thirteen).
We follow generally accepted security standards to protect personal data submitted to us. However, we cannot guarantee an absolute security due to the absence of technologically perfect security means.
We use verified Security Sockets Layer (SSL) encryption technology to encrypt payment and personal data.
The Platform may use “cookies” to help you personalize your online experience. The purpose of cookies is to tell the Platform’ server that you have returned to a specific page and to help improve user experience. You may accept or decline cookies.
The information present on the Platform including, but not limited to, the answers present in FAQ section, has no legally binding effect. This information is not advice, and shall not be treated as such. You shall always seek the advice of your physician or other qualified health professional with any questions you may have regarding the Goods.
THE INFORMATION ON THIS PLATFORM IS PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN RELATION TO ANY INFORMATION ON THIS PLATFORM.
CBD SKY does not sell, distribute, or manufacturer any products that are in violation of the United States Controlled Substances Act (US.CSA).
The Food and Drug Administration (FDA) considers non-THC based hemp products to be “food based” and therefore legal without a medical marijuana license. CBD Rich Hemp Oil is legal in all 50 states.
Product images and/or labels may be different than actual products. Please adhere to product descriptions for accuracy.
The information is not intended to diagnose, treat, cure or prevent any disease or medical condition.
This Platform, Goods and information have not been evaluated by the Food and Drug Administration.
In accordance with the Digital Millennium Copyright Act you are entitled to notify us through [email protected] about an infringement of intellectual property rights by providing a notice which contains substantially the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- a statement that the complaining party has 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;
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.