Terms & Conditions
Last Updated on January 1, 2023
Lifted Lollies welcomes you to our Terms of Service. Please read these Terms of Service carefully, as they may affect your legal rights. We understand that it is tempting to bypass these Terms of Service, but just as we are detailed and thoughtful in the design of our products, we also believe it is important to be detailed and thoughtful about what you can expect from us as you use our services, and what we expect from you. Understanding the Terms of Service is essential because by utilizing our services, you agree to be bound by them.
These Terms of Service describe your rights and responsibilities when using the site and all of its subsidiaries, successors in interest, and assigns including JAYKAY BRANDS (collectively, “DISTRO BRANDS”), and www.DistroBrands.com, all related websites, products, services, as well as www.HigherX.com and www.LiftedLollies.com with all related websites, products, services, together with the DISTRO BRANDS Services, the “Site”, “We”, or “Us”. For the purposes of the Terms of Service, references to “Lifted Lollies”, the “Site”, “We”, and “Us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms of Service or any prior agreements between us.
The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user or browser; Lifted Lollies, its affiliates, associates, and its members do not recommend or endorse the contents of the third-party sites.
Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter including decisions on what products are, or are not, legal to sell. No reader, user, or browser of this site should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your situation. Use of, and access to, this website or any of the links or resources contained within the site do not create an attorney-client relationship between the reader, user, or browser and website authors, contributors, contributing law firms, or committee members and their respective employers.
Laws can and may ultimately be up to the interpretation of a court, judge, and/or jury. Law and/or legal enforcement contrary to our interpretation of the legality of Delta 8 THC and any other cannabinoid, hemp, or hemp-derived product or compound may occur. You agree that Lifted Lollies and all associated companies and persons, are not liable for any losses arising from your decision to buy, sell, use, and/or distribute any and all products containing Delta 8 THC and any other cannabinoid, hemp, or hemp-derived product or compound.
THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT (Section 19), WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM (AS DEFINED BELOW) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN A COURT. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS A PART OF A CLASS ACTION. BY USING THIS SITE YOU WILL BE BOUND TO ARBITRATE ANY DISPUTES ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE OPT-OUT PROCEDURES DESCRIBED BELOW (Section 19.10). BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THE ARBITRATION AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 21 YEARS OF AGE OR (ii) LEGAL AGE OR REQUIRED COMPETENT CAPACITY TO FORM A BINDING CONTRACT WITH DISTRO BRANDS OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS OR GOODS BY APPLICABLE LAW.
We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.
We reserve the right, at our sole discretion, to change or modify portions of the Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date the Terms of Service was last revised. You may read a current, effective copy of the Terms of Service at any time by selecting the “Terms of Service” link on the Site. Your continued use of the Site or services after any such changes constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service, so you are aware of any revisions to which you are bound. If you do not agree to abide by this or any future Terms of Service, do not use or access (or continue to use or access) the Site.
We grant you a limited license to access and use the Site for your personal, non-commercial use, and to copy, distribute, transmit, and print the content of this Site only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Site for your personal use. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings or descriptions; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or data gathering and extraction tools. In addition, you agree that all products purchased from and orders submitted through the Site are for your personal or household use and not for resale or any other commercial use.
Except as permitted above, this Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Lifted Lollies. You may not use any meta tags or any other “hidden text” utilizing Lifted Lollies name or trademarks without the express written consent of Lifted Lollies. Any unauthorized use terminates the permission or license granted by Lifted Lollies.
We reserve the right to change any information, features, and functions of the Site without prior notice. We may refuse service, cancel orders, terminate accounts, and/or deny access to any or all parts of this Site if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms of Service, our rights or the rights of any third party. Use of the Site for any illegal or unauthorized purpose is strictly prohibited. We reserve the right to cancel orders due to suspected fraudulent activity in our sole discretion. The sale or linking of our products on or to any third-party e-commerce site, marketplace or mobile application without our specific written consent is prohibited.
Guidelines for Using the Lifted Lollies Services
Your use of the Lifted Lollies Services and the related licenses granted hereunder are also conditioned upon your strict adherence to the letter and spirit of the various applicable guidelines detailed on the Lifted Lollies Services. We may modify such guidelines at our sole discretion at any time. We reserve the right to terminate your account and access to the Lifted Lollies Services if it is determined that you have violated any such applicable guidelines.
Registration and Membership
To register and become a member of our Site, complete the registration form by providing information such as your valid email address and creating a password to register your profile. If at any time you no longer want to access the Site via Facebook, please go to your Facebook permissions in your personal profile and edit your preferences. Facebook is considered a third-party site per the definition outlined in this agreement.
Each time you use your password or identification, you will be deemed authorized to access and use the Site in a manner consistent with these Terms of Service and Lifted Lollies has no obligation to investigate the authorization or source of any such access or use of the Site.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of your password and identification. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
To cancel any of your subscriptions, you can do so online at any time (in your account settings) or call Lifted Lollies Support at 1.888.598.7317 Monday – Friday 7:00 am – 7:00 pm (CST).
As a registered member of the Site, we may send you emails promoting any special offer(s), including third party offers, as well as monthly newsletters, unless you opt-out at any time either in your account settings, by using unsubscribe buttons in emails you receive from us or by emailing us at support@Lifted Lollies.com indicating that you would like to unsubscribe from marketing emails.
Prices, Billing and Payments on the Lifted Lollies Services
All prices posted on this Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
We accept the following bank or credit cards: Visa, MasterCard, American Express, Discover. For your convenience, we will save your bank or credit card information. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement
Our reseller program provides additional options for payment which are defined in our reseller contract. Please contact sales@Lifted Lollies.com to learn how to become a reseller.
You may be charged local tax, if applicable. If your payment method is declined, we will attempt to process your charge until the transaction is approved. We and our third-party payment service providers may request and receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information, when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly, and will use such updated information to process payments for your future purchases and subscriptions. Your credit card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt out of your credit card’s updating service, you should contact your credit card issuer.
The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal service notification. We will replace products and credit your account at our discretion.
Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders at our sole discretion. After we have received your order, we will send you a confirmation email with your order number and details of the items you have ordered. The acceptance of your order and the formation of the contract of sale between Lifted Lollies and you will not take place unless and until you have received your order confirmation email.
You have the option to cancel your order at any time before we have sent your order confirmation email by calling Lifted Lollies Support at 1.888.598.7317. Typically, this occurs within one hour of placing your order since our processing begins immediately. If we can’t cancel your order, you must return the unopened, unused product at your own expense to get a refund. If you entered the erroneous address during checkout, you must recover the box and return the unopened merchandise to us before getting a refund.
Except for any products designated on the Site as non-returnable, we will accept a return of the products provided such return is made within 30 days of order confirmation and such products are returned in their original condition. After we receive your returned items, we will process your refund onto your original form of payment. Original shipping and handling fees and “Duties & Taxes Reimbursements” will not be refunded. Please allow 5-10 business days from receipt of your returned item(s) for your refund to post. Please note that all sales to Hawaii, Alaska addresses are final. For more information on returns, refunds, and exchanges, please review the policies below.
You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
If you would like to exchange or return a product, please contact Lifted Lollies support at 1.888.598.7317 or support@Lifted Lollies.com. to obtain a Return Merchandise Authorization (“RMA“) number before shipping your product. No returns of any type will be accepted without an RMA number.
Shipments; Delivery; Title and Risk of Loss
We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
Title, any governmental enforcement actions, and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Subscription Process on the Lifted Lollies Services
You may purchase a subscription offered by Lifted Lollies, subject to the terms below:
If you purchase a subscription, you will receive a shipment at the frequency you select from the list of eligible items featured on the product page. You can select the quantity of the product and the frequency of each shipment and advance or delay the next shipment as you wish.
If you purchase a single-item subscription, you will receive the product at the frequency you select. You may log into your account and customize your subscriptions at any time. You can select the quantity of the product and the frequency of each shipment and advance or delay the next shipment as you wish.
If you do not update your subscription selections for any given shipment, we will automatically send you the selections from your previous shipment.
10.2 SUBSCRIPTION AUTO-RENEWAL AND CANCELLATION TERMS
IF YOU ARE PLACING AN ORDER YOUR MEMBERSHIP IN THE PROGRAM WILL REMAIN IN EFFECT UNTIL IT IS CANCELED BY YOU OR BY DISTRO BRANDS. WE RESERVE THE RIGHT TO CANCEL YOUR BUNDLE OR SUBSCRIPTION AT ANY TIME.
Subscriptions continue until you cancel. We will charge the subscription price plus applicable taxes and shipping & handling to your default payment method when we ship your first subscription order. You will continue to be charged the subscription price plus applicable taxes and shipping charges at the time of each shipment for all subsequent orders until you choose to cancel. Subscriptions will be shipped at the interval you chose when placing your first subscription order unless you change the shipping frequency of your subscription.
You may cancel your subscription(s) at any time. To cancel your subscription(s), you can do so online at any time (in your account settings) or by calling DISTRO BRANDS Support at 1.888.598.7317 Monday – Friday 9:00 am – 5:00 pm (EST). Please note that subscriptions cannot be canceled via email, Facebook, or other forms of social media. No refunds are given after products are shipped.
Goods Not for Resale or Export
You agree to comply with all applicable laws and regulations of the various states and of the United States, including all Export Regulations, as defined below. You represent and warrant that you are buying products from the Site for your own personal or household use only, and not for resale unless you have a signed resale agreement with Lifted Lollies.
You agree not to expert as products purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, “Export Regulations”).
Limited Warranty Disclaimer
THE LAWS OF CERTAIN JURISDICTIONS, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE SITE AND THE PRODUCTS OFFERED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, UNLESS SPECIFICALLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Lifted Lollies DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LIFTED LOLLIES DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Lifted Lollies DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER, WHICH CANNOT BE EXCLUDED OR LIMITED UNDER NEW JERSEY LAW.
WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE SITE WILL BE ACCURATE IN MATERIALS AND CANNABINOIDS USED TO CREATE THE PRODUCTS. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY PHYSIOLOGICAL EFFECTS, TO THE DURATION OF THIS LIMITED WARRANTY.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REMEDY, SUBSTITUTE, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
This limited warranty covers, during the Warranty Period (as defined below), defects in materials, substances, cannabinoids, and creation in products purchased from the Site.
This limited warranty extends only to the original purchaser of products from the Site. It does not extend to any subsequent or other owner or transferee of the product.
This limited warranty does not cover any damages due to: transportation; storage; improper use; failure to follow the product instructions or to perform any preventive measures; modifications; combination or use with any products, substances, cannabinoids, materials, processes, systems, or other matter not provided or authorized in writing by Lifted Lollies; unauthorized remedy or alterations; normal wear and tear, breakdown, conversions; or external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
This limited warranty starts on the date of your order confirmation and extends for 30 days, the “Warranty Period.” The Warranty Period is not extended if we remedy, substitute, or replace a warranted product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i)] remedy, substitute, or replace such products (or the defective portion) free of charge or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you, if we elect to remedy, substitute, or replace the defective products.
To obtain warranty service, you must contact Lifted Lollies Support at 1.888.598.7317 or support@Lifted Lollies.com during the Warranty Period to create a CASE number. No warranty service will be provided without a CASE number or for failing to request warranty service.
Limitation of Liability
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCT, REGARDLESS OF ITS CONDITION OR COMPOSITION, THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY ADVERSE EFFECTS, UNANTICIPATED EFFECTS, LOSS OF PRODUCTION, EMPLOYMENT, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY ONLY APPLY TO YOU BASED ON APPLICABLE STATE LAWS.
In the event a product is listed at an incorrect price or with incorrect information due to a typographical error or an error in pricing or product information received from our suppliers, we have the right to refuse or cancel any orders placed for the product listed at the incorrect price, whether or not the order has been confirmed and your bank or credit card charged. If your bank or credit card has already been charged for the purchase and your order is canceled, we will immediately issue a credit to your bank or credit card account in the amount of the charge.
The technology underlying the Site and the entire contents of the Site including, but not limited to, text, graphics, images, photographs, audio and video clips, digital downloads, data compilations, or code, is copyrighted under the United States, Canada, and other copyright laws, and is the property of Jay Kay Brands LLC. and protected by copyright and other intellectual property or proprietary rights. The work includes works that are licensed to DISTRO BRANDS. © 2021-2022 DISTRO BRANDS, LLC. All rights reserved.
All trademarks, service marks, and trade names of Jay Kay Brands LLC. on the Site are trademarks or registered trademarks of Jay Kay Brands LLC. or their respective owners. Our trademarks may not be used in any manner or for any purpose without our express written consent.
You agree to indemnify, defend, and hold harmless Lifted Lollies, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Service, or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your identification or password.
Third-Party Links and Sites
This Site may link to other websites operated by third parties. We have no control over these linked sites, each of which has separate privacy and data collection practices independent of Lifted Lollies. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services, or use of any third-party site, any website accessed from a third-party site, or any changes or updates to such sites. These linked sites are only for your convenience, and you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a third-party site and agree that we are not responsible for any loss or damage you may incur from dealing with such a third-party site. You should contact the site administrator for the applicable third-party site if you have any concerns regarding such links or the content located on any such third-party site.
20.1 UNSOLICITED SUBMISSIONS
We welcome your feedback and comments regarding our products and services. However, we cannot accept or consider creative ideas, suggestions, or materials, and we ask that you not submit any creative ideas, suggestions, or materials of any kind to us. We hope you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Lifted Lollies professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you not send us any original creative ideas, suggestions, or materials of any kind, including show designs, photographs, drawings, or original artwork. If you send us creative ideas, suggestions, or materials of any kind despite our request not to do so (an “unsolicited submission”), you acknowledge and agree that we may treat the unsolicited submission as non-confidential and non-proprietary in each instance and in all respects. All unsolicited submissions made by you shall be the sole property of Lifted Lollies and will not be acknowledged or returned.
20.2 REQUESTED SUBMISSIONS
From time to time, we may solicit creative ideas, suggestions, or materials from users of our Site. If you at any time send, provide us with, or post creative ideas, suggestions, or any other materials in response to our request (each, a “requested submission”), you acknowledge and agree that we may treat the requested submission as non-confidential and non-proprietary in each instance and in all respects.
20.3 SHARED SUBMISSIONS
Submissions may also be provided in the form of opinions and views posted to community pages, chat rooms, blogs, bulletin boards, or discussion forums by persons who use (“User”) the Site (“shared submissions,” together with unsolicited submissions and requested submissions, “submissions”). You are responsible for all submissions you provide to the Site, and you represent that you have all necessary permissions to submit, post, and otherwise make available such submissions. Lifted Lollies makes no claims to ownership of shared submissions, and you shall continue to retain all ownership rights in your shared submissions and the right to use your shared submissions as you see fit.
20.4 OTHER RIGHTS AND GUIDELINES REGARDING YOUR SUBMISSIONS
You agree that we have no obligation of confidence to you with respect to any submission, and we shall not be liable to you in any way for any use or disclosure of any submission. We may use any submission without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, personalization, publication, broadcast, or posting, and you hereby irrevocably waive, release, and give up any claim that any use of such submission violates any of your rights, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or the right to credit for the material or ideas.
You hereby irrevocably grant to us the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, distribute, and otherwise use the submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according to you any compensation or credit. By submitting a submission to us, you represent that such submission is original to you and does not conflict with, violate, or infringe upon the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity and/or privacy.
You hereby acknowledge and agree that your relationship with us is not a confidential, fiduciary, or other special relationship, and that your decision to make a submission does not place us in a position that is any different from the position held by members of the general public with regard to your submission. You understand and acknowledge that we have broad access to ideas, products, designs, and other materials related to our business, and that new ideas, products, designs, and other materials are constantly submitted to us or under development by our own employees. Many submissions that we receive or ideas, products, designs, and materials that are independently developed by us may be competitive with, similar to, or identical to your submission. You acknowledge and agree that you will not be entitled to any compensation as a result of our use of any such similar or identical submission or independently developed ideas, products, designs, or materials.
You acknowledge that, with respect to any claim you may have relating to or arising out of our actual or alleged exploitation or use of any submission you make, the damage, if any, caused thereby will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition, or other exploitation of any production based on or allegedly based on your submission, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
While Lifted Lollies strives to keep our content accurate, complete, and up-to-date, we cannot and do not guarantee or endorse, and are not responsible for the accuracy, completeness, reliability or timeliness of any content, whether provided by DISTRO BRANDS or by Users. Any opinions, advice, statements, or other information expressed or made available by Users or third parties, including but not limited to bloggers, are those of the respective User or other third party and not of Lifted Lollies. Lifted Lollies does not have any obligation to prescreen, edit, or remove any submissions provided by Users that are posted on or available through the Site.
Notice Regarding Medical Advice
THIS SITE DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE SITE MATERIALS, SUCH AS TEXT, GRAPHICS, IMAGES, AND INFORMATION OBTAINED FROM THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT OR OTHER PROFESSIONAL SERVICES OR ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THIS SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
The statements made regarding these products have not been evaluated by the Food and Drug Administration. The efficacy of these products and the testimonials provided have not been confirmed by FDA- approved research. These products are not intended to diagnose, treat, cure, or prevent any disease or ailment. All information presented here is not meant as a substitute for or an alternative to information from health care practitioners. Please consult your healthcare professional about potential interactions or other possible complications before using any product. The Federal Food, Drug, and Cosmetic Act requires this notice. Lifted Lollies shall not be held liable for the medical claims made in customer testimonials.
DO NOT USE THESE PRODUCTS UNLESS INSTRUCTED BY A MEDICAL DOCTOR.
We recommend consulting with a qualified medical doctor or physician when preparing a treatment plan for any and all diseases or ailments. Lifted Lollies does not make any health claims about our products and recommends consulting with a qualified medical doctor or physician prior to consuming our products or preparing a treatment plan. It is especially important for those who are pregnant, nursing, chronically ill, elderly or under the age of 21 to discuss the use of these products with a physician prior to consuming. We do not recommend using any of these products if you are pregnant, nursing, chronically ill, elderly, or under the age of 21. You must be 21 years old or older to purchase any vaping related products. The information on our website is intended to provide general information regarding our products and is not to be construed as medical advice or instruction.
Dispute Resolution and Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.
YOU AND LIFTED LOLLIES ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
We will not be responsible for paying any individual consumer’s arbitration/arbitrator fees. If a party prevails on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party under the standards for fee shifting provided by law.
Assuming your claims qualify under applicable state law, you may elect to pursue your claim in small-claims (or the state’s equivalent) court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR DISTRO BRANDS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver, and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this section 23 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Lifted Lollies.
No Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) posting to the Site. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier, registered mail, or certified mail to:
Lifted Lollies, LLC.
Attn: General Counsel, Notice of Dispute
2222 Spring Creek Pkwy # 212
Plano, TX 75023
Attn: Customer Support
Email: support@Lifted Lollies.com
We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) reasonable control, including, without limitation, the following “Force Majeure Event(s)”: (a) acts of God; (b) flood, fire, earthquake, utilities interruptions, earthquake, epidemic, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including an explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; and (f) national or regional emergency; and (g) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond the reasonable control of the Impacted Party. The Impacted Party shall give notice within five (5) days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of fourteen (14) consecutive days following written notice given by it under this Section 28, either party may thereafter terminate this Agreement upon thirty (30) days’ written notice.
Governing Law and Jurisdiction
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Texas.
These Terms of Service are applicable to you upon your accessing this Site. The provisions relating to Copyrights, Trademark, Warranty, Disclaimer, Limitation of Liability, Privacy, Submissions, Indemnification, Arbitration and Miscellaneous, shall survive any termination of these Terms of Service.