IAM Feeling Good TERMS OF SERVICE
This Agreement (“Agreement”) constitutes the Terms of Service related to your use of IAM Feeling Good, and any transactions as a customer of IAM Feeling Good. Throughout this Agreement, the terms “IAM Feeling Good,” “us,” and “we” may refer to us, IAM Feeling Good, as is appropriate and depending on the context in which the term is used. “You” means you, the person who is agreeing to these Terms of Service. Our Privacy Policy, available elsewhere on this website, is hereby incorporated as a part of this Agreement by reference, and you are agreeing to the Privacy Policy to the same extent that you are agreeing to the Terms of Service in this document.
1. Contact Us
These Terms of Service were last updated February 16, 2021. If you have any questions about our website, terms of service, privacy policy, or any products offered for sale, please contact us at IAM Feeling Good. Correspondence can be emailed to our email address at: Contact Us page
2. Class Action and Arbitration
You and IAM Feeling Good, and its legal entity or any subsidiaries, agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action. You agree that any claim or dispute in connection with: (i) the use of this site; (ii) the use and/or purchase of any of our products or services through our website or distributed through our website; (iii) or any information or content stored or viewed on our site; will be resolved by binding arbitration rather than in court, except for certain small claims actions. Arbitration means you are giving up the right to go to Court and assert any rights you may have, except for any matters that do not fall under this arbitration clause as previously mentioned. Arbitrations under this Agreement will take place on an individual basis, and class actions are not permitted. This agreement does not allow class or collective arbitrations, or class actions, even if arbitration rules would. The arbitration will be binding non-appearance, and initiated through an established alternative dispute resolution provider, and any award shall be confidential and shall remain confidential. Each party is to be responsible for any filing fees to commence arbitration and any costs related to the Arbitration process. Both parties agree to have such arbitration claims heard in Washington. In the event that the law does not permit the above-mentioned dispute to be resolved through arbitration, you agree that any actions shall be brought solely in a court of competent jurisdiction located within Washington. The prevailing party in any such action shall be entitled to their reasonable attorneys’ fees and costs. To summarize, both parties agree that they are waiving their right to a trial by jury and that any dispute must be submitted to binding arbitration. By placing an order on our website, you irrevocably waive any right you have to join claims with those of others in the form of a class action or similar procedural device. Any claims relating to your usage of our website or product must be asserted individually.
3. Consult A Physician
The information found on IAM Feeling Good is for informational and educational purposes only. As with any health supplement, we recommend that you consult a physician or doctor before using any of our products. You should always speak with your physician or other healthcare professional before adopting any treatment for a health problem or before using any of our products. If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard, avoid, or delay obtaining medical advice from your doctor or other qualified healthcare provider because something you have read on our Site. None of the statements made on our website have been affiliated or verified by the FDA. The products or content offered at IAM Feeling Good do not diagnose, treat, cure or relieve any medical or health conditions. Neither our website, customer service representatives, employees, affiliates, customers nor any third parties linked to from our website are authorized to provide any medical advice.
4. Information We Require
We may request certain information from you in order to process your purchase, including your name, address, telephone number, e-mail address, credit card information, and information about your health goals or other information as required. Your information will only be subject to disclosure as stated in our Privacy Policy. As a part of using our service, you must be at least eighteen years old, or, if applicable, whatever older age is required to enter into binding contracts in your jurisdiction.
5. Order Prices, Availability, and Modifications
We reserve the right to cancel your order at any time, for any reason including, but not limited to, mistaken pricing on our website or marketing materials, shortages of materials, increases in price of materials, or any other purpose that we may deem appropriate. Any changes to the Agreement will be effective immediately for new buyers, while any material changes will become effective after thirty (30) days for previous purchases unless they have sent notice to us that they do not agree with the changes and have stopped using our site. Otherwise, your continued use of our site and program constitutes your acceptance of such changes. You agree that we may charge you the applicable price and shipping cost agreed to at the time of checkout, and that payment is not immediately refundable once order confirmation has been sent.
6. Shipping and Taxes
Orders generally take about 1-2 business days to process and ship. Domestic delivery will take approximately 3-7 business days. We only ship to addresses located within the United States of America, and certain foreign countries that specifically allow the importation of CBD products. You may be provided shipping details through the checkout screen on our website or through your account. We use USPS, UPS and other third-party shippers to fulfill our orders. If you have not received your order, your order is damaged, or you require an exchange, please contact us immediately at IAM Feeling Good. Failure to contact us in a timely manner may affect your ability to return any products to us. You agree that we may charge you any sales, VAT, or nexus taxes collected in your jurisdiction as applicable when receiving any of our products.
7. Return Policy
All of our products are guaranteed. No Refund Policy at IAM Feeling Good. 8. Copyright and Trademark Our website contains unique content owned exclusively by us, including the text and graphics. We cannot allow this text to be copied, as it harms our search engine rankings and promotes third parties at our expense. Any unauthorized use of our copyrighted content is prohibited. IAM Feeling Good relies on its trademarks and trade dress to distinguish itself from competitors, profit from its marketing efforts, and ensure that its product image remains positive in the eyes of the consumer. As such, any unauthorized use of our trademark or trade dress, including copying the look and feel of our website or product design, is prohibited. Furthermore, we may, but are not obligated to, permit the submission of content generated by our users. You agree that if you submit any content to us, you are granting us a non-exclusive, irrevocable, universal right to reproduce the content for any reason and in any form, for the sole advantage of IAM Feeling Good, financially or otherwise. We take copyright infringement very seriously. If you believe that your copyrighted material has been infringed on our website, please send a valid DMCA notice to: IAM Feeling Good We cannot be held responsible for any alleged copyright claim against a third-party affiliate website, a website not under our ownership or control, or an unassociated website that may link to our content or order form, or reference or review our CBD products. Please address those concerns to the owner of the website in question.
9. Representations and Warranties
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER CBDPURE NOR ANY OF THEIR RESPECTIVE AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER IAM FEELING GOOD NOR ANY OF THEIR RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
10. Limitations and Liability
IAM FEELING GOOD DOES NOT ASSUME ANY RESPONSIBILITY, OR WILL BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF THIS SITE OR PRODUCTS FOUND, OR BROWSING THIS SITE, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS SITE. IN NO EVENT WILL IAM FEELING GOOD, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON OUR SITE. WE ARE NOT RESPONSIBLE FOR YOUR USAGE OF OUR PRODUCTS IF THEY ARE NOT ALLOWED FOR USAGE BY ANY PROFESSIONAL OR AMATEUR SPORTING GOVERNING BODIES, USE AT YOUR OWN RISK IF YOU PARTICIPATE IN ANY ORGANIZATIONAL ACTIVITY THAT BANS THE USE OF SUCH PRODUCTS. For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future. IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, 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 HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. YOUR ABILITY TO USE OUR SITE IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. IN THE EVENT THAT WE MAY NOT LIMIT OUR LIABILITY IN YOUR JURISDICTION, YOU AGREE OUR TOTAL LIABILITY TO YOU IS NOT MORE THAN $100 U.S. DOLLARS OR THE TOTAL AMOUNT YOU SPENT WHILE USING OUR SITE, PRODUCTS, AND SERVICE WITHIN THE LAST SIX MONTHS, WHICHEVER IS GREATER.
11. Third-Party Websites
We may provide links to third party websites containing reviews, health information, studies, or other content that our customers may be interested in reading. We are not responsible for the content on these third party websites and you use it at your own peril. Please note that any authorization by us to reproduce our own content, trademarks, or trade dress, does not extend to the reproduction of that of a third party website.
12. Indemnification
You agree that if any third party claims against us or damage directly to us occurs as a result of your use of our website, product, or any other good or service provided by us, you will indemnify us for those claims and/or damages, including by paying our reasonable attorneys’ fees and court costs.
13. Choice of Law
In order to keep our business relations with our customers consistent, we had elected a single jurisdiction’s laws to apply to all transactions in the event that our dispute cannot be heard through arbitration. You agree that this Agreement, and any purchases with us, shall be governed solely by the laws applicable to Washington.
14. 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, 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, or any other circumstance that may be beyond our control.
15. Non-Waiver
Any failure on our part to enforce any provision of this Agreement is our right and shall not constitute a waiver of our right to enforce that or any other provision.
16. Continuity
Should any provision of this Agreement be unlawful, void, or otherwise legally unenforceable, the rest of the Agreement shall remain enforced as though the unenforceable provision had not been a part of this Agreement.
17. California Users
IAM Feeling Good is not a California corporation and does not have offices or conduct significant business operations in the State of California. IAM Feeling Good provides these notices purely for informational purposes to California residents, and does not waive its right to dispute jurisdiction over it by any California regulatory authority or court. Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about our product must be addressed to our proper corporate agent for notice and sent via email to: IAM Feeling Good. Pursuant to California Civil Code Section 17200 and Section 17500, IAM Feeling Good expressly requires that pre-litigation notice of any UCL claim be served on the proper Corporate Agent prior to the filing of any Summons or Complaint. Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
18. Domestic Law Compliance
The Cannabidiol (CBD) in IAM Feeling Good is a natural constituent of industrial hemp plant material grown in the United States of America. All CBD products distributed or promoted by this website comply with federal law as promulgated in the 2014 US Farm Bill (7 USC § 7606) and the laws of the State of Washington. IAM Feeling Good does not sell or distribute any products that are in violation of the United States Controlled Substances Act (US CSA). This website makes no warranties or claims regarding the application of the laws of foreign jurisdictions.
19. Amendments
We may amend this Agreement from time to time as we see fit. Through your continued use of our website or ordering of our product, you agree to any changes that we may make. It is your responsibility to check our “Terms of Service” page each time that you visit our website to ensure that you are up to date with any amendments.
Minors
The Site is not intended for individuals under the age of 18. We do not intentionally collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at the address below to request deletion.
Sharing Personal Information
We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above. For example: We use an online provider to power our online store. We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant, or other lawful requests for information we receive, or to otherwise protect our rights.
Behavioural Advertising
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example: We use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://policies.google.com/privacy?hl=en.You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout. We share information about your use of the Site, your purchases, and your interaction with our ads on other websites with our advertising partners. We collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies or other similar technologies (which you may consent to, depending on your location). For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work. You can opt-out of targeted advertising by: FACEBOOK – https://www.facebook.com/settings/?tab=ads GOOGLE – https://www.google.com/settings/ads/anonymous Additionally, you can opt-out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at http://optout.aboutads.info/.
Using Personal Information
We use your Personal Information to provide our services to you, which includes: offering products for sale, processing payments, shipping and fulfillment of your order, and keeping you up to date on new products, services, and offers.
