Terms of service
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CAUTIONARY NOTE: SEEK MEDICAL ADVICE PRIOR TO USAGE. DO NOT MIX WITH ALCOHOL, OTHER DRUGS, OR MEDICATIONS. DO NOT USE AND/OR CONSUME IF PREGNANT OR BREASTFEEDING INDIVIDUAL, OR THOSE WITH HEALTH ISSUES. RISK OF SLEEPINESS. DO NOT USE AND/OR CONSUME IF DRIVING OR OPERATING HEAVY MACHINERY. EFFECTS MIGHT BE DELAYED. ONLY FOR ADULTS 21 YEARS OR OLDER. STORE AWAY FROM CHILDREN AND ANIMALS. NON-TRANSFERABLE. Twin Buds LLC BEARS NO LIABILITY FOR USER ACTIONS. THESE CLAIMS HAVE NOT BEEN ASSESSED BY THE FOOD AND DRUG ADMINISTRATION. NOT DESIGNED TO DIAGNOSE, TREAT, HEAL OR AVERT ANY DISEASE.
By visiting www.twinbuds.com, you absolve Twin Buds LLC and its associated entities and brands of any liability due to misuse or lack of disclosure to your healthcare providers regarding your usage. This product is not created to diagnose, treat, heal, or avert any disease. CALIFORNIA PROPOSITION 65 – ALERT: This product might contain substances recognized by the State of California to potentially cause cancer, birth defects, or other reproductive harm. On this site, "we", "us", and "our" signify the Company. The Company presents this website, inclusive of all data, tools, and services available to you, the user, contingent on your acceptance of all terms, conditions, policies, and notices stated here. Our website features and various products and services are offered to you upon your visit or shopping at our site. By utilizing our site and/or buying from us, you partake in our "Services" and consent to adhere to these terms of service ("Terms of Use", "Terms"), including additional terms, conditions, and policies referenced herein and/or accessible via hyperlink. These Terms of Use are applicable to all site users, including but not limited to browsers, vendors, customers, merchants, and content contributors. Please thoroughly review these Terms of Use prior to accessing or using our website. By accessing or using any part of the site, you consent to these Terms of Use. If you disagree with all the terms and conditions of this agreement, you should not access the website or utilize any services. If these Terms of Use are deemed an offer, acceptance is strictly limited to these Terms of Use. Any new features or tools added to the site are also subject to the Terms of Use. You can check the most recent version of the Terms of Use on its page. We hold the right to update, modify, or replace any part of these Terms of Use by posting updates and/or changes on our website. It's your responsibility to check this page periodically for updates. Your continued use of or access to the website following any changes indicates acceptance of those changes. We reserve the right at any moment to alter or discontinue your use of the Services, effective immediately in case of technical issues. We are not accountable for any such alteration, suspension, or discontinuance. The headings in this agreement are for convenience only and will not limit or otherwise affect these Terms.
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SECTION 1 – ONLINE STORE TERMS: By accepting these Terms of Use, you confirm you are at least the legal smoking age in your jurisdiction. The Services are solely for individuals who meet the legal smoking age requirements in their location, and any registration, use, or access to the Services by underage individuals is unauthorized and violates these Terms of Use. Legal smoking age is a prerequisite for trying, purchasing, or using products on this site. We employ third-party age verification systems in compliance with federal and state laws, which may involve photo-ID collection and identity checks against multiple databases. Once verified, this data is retained up to 30 days before destruction. Our products are not for illegal or unauthorized purposes, nor should they be used in violation of any laws in your jurisdiction, including copyright laws. Transmitting harmful or destructive code, or violating any of these Terms will lead to immediate service termination.
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SECTION 2 – GENERAL CONDITIONS Use of this site and the Services requires compliance with the legal smoking age in your area. We may refuse service at our discretion. You agree to not purchase our products for minors and to ensure they do not access these products. Our offerings are targeted at adults of legal smoking age. We sell products legal under federal and state law, and reserve the right to refuse Services, terminate accounts, or cancel orders as we see fit. Understanding and adherence to these Terms of Use, which mandate legal age for usage and purchase, is expected. We are not liable if your account is misused by others. You agree to defend, indemnify, and hold us harmless from liabilities arising from your use of our products and services.
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SECTION 3 - ACCURACY OF INFORMATION We are not accountable for inaccuracies on our site, which is for general information only. Relying solely on our site for decisions without consulting more accurate, complete, or timely sources of information is at your own risk. Historical data on our site is for reference only. We may change site contents without obligation to update any information.
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SECTION 4 - SERVICE AND PRICE CHANGES We reserve the right to modify or discontinue the Services without notice, and will not be liable for any such changes. Prices for our products are subject to change without notice.
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SECTION 5 - PRODUCTS OR SERVICES (if applicable) Some products or services are exclusive to our website and may have limited quantities, adhering to our Return Policy. We strive for accurate product representation, but cannot guarantee that your device's display will match the actual product. We may limit sales to certain regions or persons and reserve the right to limit product quantities. All product descriptions and pricing are subject to change at our discretion at any time without notice. We also reserve the right to discontinue any product at any time.
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SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION We reserve the right to refuse any order. We may limit or cancel quantities purchased per person, household, or order. In case of order changes or cancellations, we will attempt to notify you. You agree to provide accurate, complete purchase and account information for all purchases, and to promptly update your account and other information, including your email and credit card numbers.
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SECTION 7 - OPTIONAL TOOLS We may provide access to third-party tools "as is" and "as available" without any warranties or endorsements. We are not liable for your use of these tools. Ensure you are familiar with and approve the terms provided by relevant third-party providers.
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SECTION 8 - THIRD-PARTY LINKS We are not responsible for third-party content, products, or services on our site. Complaints, claims, concerns, or questions about third-party products should be directed to the third party. Our third-party service providers may collect and use your information, but only to the extent necessary for them to perform their services. We recommend reading their privacy policies for understanding their handling of your personal information.
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SECTION 9 - USER COMMENTS AND FEEDBACK We may use your comments or feedback without restrictions. We are under no obligation to keep comments confidential, compensate for them, or respond to them. You are responsible for the accuracy and legality of your comments. We reserve the right to monitor, edit, or remove content or comments that are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violate intellectual property rights or these Terms of Use.
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SECTION 10 – PERSONAL INFORMATION Your submission of personal information through the store is governed by our Privacy Policy. Refer to our Privacy Policy for detailed information.
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SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS Occasionally, our site or Services may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, 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.
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SECTION 12 – PROHIBITED USES You are prohibited from using the site or its content for unlawful purposes; to solicit others to perform illegal acts; to violate international, federal, or local regulations, rules, or laws; to infringe upon our intellectual property rights or those of others; to harass, abuse, insult, harm, defame, or discriminate; to submit false or misleading information; to upload malicious code; or to interfere with the security features of the Service or any related website.
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SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY The Services and all information, content, materials, products, and services included on or made available to you through the site are provided on an "as is" and "as available" basis. We disclaim all warranties, express or implied. We are not liable for any damages of any kind arising from the use of the Services, including, but not limited to, direct, indirect, punitive, incidental, special, or consequential damages.
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SECTION 14 – INDEMNIFICATION You agree to indemnify, defend, and hold harmless the Company and our affiliates from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your use of the Services, your breach of these Terms of Use, or your violation of any law or the rights of a third-party.
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SECTION 15 – SEVERABILITY If any provision of these Terms of Use is found to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Use.
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SECTION 16 – TERMINATION The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. You may terminate these Terms of Use at any time by notifying us. We may terminate this agreement at any time without notice if you fail to comply with any term or provision of these Terms of Use.
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SECTION 17 – ENTIRE AGREEMENT The failure of us to 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 operating rules posted by us on this site constitute the entire agreement between you and us, superseding any prior agreements.
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SECTION 18 – 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 Texas, without regard to conflict of law principles.
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SECTION 19 – CHANGES TO TERMS OF USE The most current version of the Terms of Use can always be reviewed on this page. We reserve the right to update, change, or replace any part of these Terms of Use by posting updates and changes to our website. It's your responsibility to check our website periodically for changes. Continuing to use or access our website or the Services after any changes to these Terms of Use signifies acceptance of those changes.
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SECTION 20 – CONTACT INFORMATION For any queries regarding the Terms of Use, please contact us at contact@twinbuds.com
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SECTION 21 – SHIPPING RESTRICTIONS Certain products may not be shipped to all locations due to various restrictions. Notifications will be provided during order placement if we're unable to ship specific items to your address. Check product detail pages for item-specific shipping restrictions. We reserve the right to cancel any shipment at our discretion and issue a full refund.
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SECTION 22 – RISK OF LOSS All items purchased are made pursuant to a shipment contract. This means the risk of loss and title for such items pass to you upon our delivery to the carrier. We are not responsible for items lost in transit, items sent to the wrong address, or products seized by customs or other agencies.
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SECTION 23 – FORCE MAJEURE You agree not to hold us liable for any disruption of our service or failure to deliver our product for any reason beyond our control, including, but not limited to, acts of God, pandemic, epidemic, change in law, law enforcement action, orders of government, natural disasters, war, insurrection, terrorism, riots, criminal acts, labor shortages, labor strikes (both lawful and unlawful), postal service or courier service disruption, infrastructure disruption, communication failure, material shortages, adverse weather events or disasters, or any other circumstance that may be beyond our control or make performance of your order impossible.
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SECTION 24 – TAXES Twin Buds LLC will automatically charge and withhold applicable sales tax for orders within Texas. For orders to other states or countries, you are solely responsible for all sales taxes, customs, duties, or other taxes.
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SECTION 25 – CONSULT A PHYSICIAN The information on our website is for informational purposes only and should not replace professional medical advice. Consult with a healthcare professional before using our products. Our statements have not been evaluated by the FDA. Our products are not intended to diagnose, treat, cure, or prevent any disease. If pregnant or breastfeeding, DO NOT hemp products. We are not liable for misuse or overuse of hemp products. Your utilization of the products and services is entirely at your own discretion and comes with inherent associated risks, which you accept. It is important to recognize that hemp products have the potential to induce drowsiness, and it is strongly advised that you refrain from operating heavy machinery after consumption. For personalized dosing guidance tailored to your specific physiology, it is recommended that you seek consultation with a healthcare professional. We hold no liability for any consequences that may affect your family members, friends, or third parties in connection with your use or acquisition of our products and services.
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SECTION 26 – SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
Twin Buds LLC (referred to as "We", "Us", or "Our") offers a mobile messaging service (the "Program"), which you consent to use and participate in according to these Mobile Messaging Terms and Conditions alongside our Privacy Policy (collectively, the "Agreement"). Your enrollment or participation in any of our Programs signifies your acceptance of these terms and conditions, notably your commitment to settle disputes with us via binding, individual arbitration as explained in the “Dispute Resolution” section below. This Agreement specifically pertains to the Program and does not amend any other Terms and Conditions or Privacy Policy that may regulate your interactions with Us in different scenarios.
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User Opt In: The Program enables Users to opt-in to receive SMS/MMS mobile messages, either through online or app-based sign-up forms. By opting into the Program, you adhere to this Agreement for your participation. Opting in means you consent to receive automated or prerecorded marketing messages to the phone number associated with your opt-in, acknowledging that purchasing from Us does not require this consent. Consent here does not imply all messages are sent via an automatic telephone dialing system (“ATDS” or “autodialer”). Standard message and data rates may apply, and the frequency of messages can vary.
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User Opt Out: To discontinue participation in the Program or withdraw from this Agreement, you must respond with STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any of our mobile messages. An additional message may confirm your opt-out. This process is the sole recognized method for opting out, and any alternative methods, such as other text commands or verbal requests to our staff, are not deemed effective for opting out.
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Duty to Notify and Indemnify: Should you plan to cease using the mobile number registered with the Program, including service plan cancellation or number transfer, you must complete the User Opt Out process beforehand. Your commitment to this process is crucial to these terms and conditions. Failure to inform Us of such changes makes you liable for all costs and liabilities incurred by Us or our messaging partners due to claims from subsequent users of your old number. This obligation persists even after your departure from our Programs.
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By participating, you agree to defend, indemnify, and protect Us from any claims or liabilities arising from your failure to update your information, including any legal consequences under the Telephone Consumer Protection Act, 47 U.S.C. § 227, and other related laws and regulations, stemming from our efforts to contact you at the provided mobile number.
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YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
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Program Description: The Program's scope includes sending messages about the marketing and sale of our products and services, such as Twin Buds LLC goods and THCA offerings.
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Cost and Frequency: Message and data rates from your carrier may apply. The frequency of messages depends on your interaction with Us, involving recurring mobile messages.
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Support Instructions: For assistance with the Program, text “HELP” to the number from which you received messages or email contact@twinbuds.com. Note that this email is not for opting out of the Program; please follow the outlined procedures for opting out.
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MMS Disclosure: If your mobile device doesn't support MMS messaging, the Program will send SMS termination messages (TMs).
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Our Disclaimer of Warranty: The Program is offered "as-is" and might not be available in all areas or at all times, subject to changes by your wireless carrier. We are not liable for any delays or failures in message delivery, as this is contingent on your service provider and beyond Our control. Carriers are not responsible for delayed or undelivered messages.
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Participant Requirements: You must own a compatible wireless device with two-way messaging capabilities, use a participating wireless carrier, and have a text messaging service subscription. Not all phone services support this Program, so check your device for specific text messaging instructions.
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Age Restriction: The Platform is not for use by individuals under twenty-one years of age.
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Prohibited Content: Users must not send prohibited content through the Platform. This includes any fraudulent, defamatory, threatening, or harassing activities; objectionable content like profanity or obscenity; illegal software or viruses; any illegal products or services; content that violates health information laws like HIPAA or HITEC Act; or any content barred by law in the message's origin jurisdiction.
Dispute Resolution: In situations where there is a dispute, conflict, or disagreement between you and Us, or any other external service provider functioning on Our behalf for sending mobile messages related to the Program, covering any federal or state statutory claims, common law claims, disagreements over this Agreement, or any issues related to its breach, conclusion, execution, interpretation, or validity, including determining the extent and applicability of this agreement for arbitration, such matters will be resolved through arbitration in Austin, Texas with a single arbitrator, in compliance with the law.
The resolution will follow the binding arbitration process as per the Commercial Arbitration Rules of the American Arbitration Association (AAA) effective at that time. The arbitrator will utilize the substantive laws of the Federal Judicial Circuit where Twin Buds LLC's main office is located, disregarding any conflict of law principles. Within ten (10) calendar days of serving the arbitration demand, both parties are expected to collaboratively choose an arbitrator who possesses a minimum of five years of relevant experience and is knowledgeable about the dispute's subject matter. If there's no consensus on an arbitrator within this timeframe, either party can request the AAA to appoint an arbitrator who meets these criteria. The arbitrator's role includes determining the applicability and interpretation of this arbitration agreement in line with the Federal Arbitration Act (FAA). Furthermore, the AAA's guidelines for Emergency Measures of Protection will substitute for any court-ordered emergency injunctive relief. The arbitrator's decision will be final and binding, with appeal rights limited to those outlined in section 10 of the FAA. Each party will bear its costs for the arbitrator and arbitration process, although the arbitrator has the discretion to direct one party to pay all or part of these fees as part of a reasoned decision. The arbitrator is authorized to grant attorney's fees only as expressly allowed by law or contractual agreement, and cannot award punitive damages, a right waived by all parties in any arbitration-settled dispute. This agreement mandates individual arbitration only, excluding class arbitration or any group or representative legal actions. Unless required by law, the existence, content, or outcomes of any arbitration cannot be disclosed without both parties' written consent, except for protecting or asserting a legal right. Should any part of this Section be deemed invalid, illegal, or unenforceable in any jurisdiction, such condition will not impact the enforceability of other terms of this Section or make any term void in other jurisdictions. If, for any reason, a dispute escalates to court rather than arbitration, both parties renounce any right to a jury trial. This arbitration clause will remain in effect even after the termination of your participation in our Programs.
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Additional Provisions: By agreeing to these terms, you affirm that you possess the necessary legal rights, power, and authority to enter into this Agreement and fulfill its obligations. Nothing in this Agreement or in the execution of obligations under it will put you in breach of any other contract or duty. The failure of either party to enforce any right in this document does not imply a waiver of future enforcement of that or any other right. Should any part of this Agreement be found unenforceable or invalid, it will be limited or removed to the minimum extent necessary, ensuring the Agreement's overall validity and enforceability. Any updates or new features of the Program will be governed by this Agreement, unless stated otherwise. We may modify this Agreement periodically, and any changes will be communicated to you. You are responsible for regularly reviewing this Agreement to stay informed of any changes. Your continued participation in the Program following any changes signifies your acceptance of the revised Agreement.
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