Terms and Conditions

Prisma USA LLC dba CBD Samples Club (“CSC”, “us”, “our” or “we”) is the operator of the www.cbdsamplesclub.com site and its subdomains (collectively the “Site”). The terms “you,” “your,” “user,” and “users,” as used herein, refer to all individuals and/or entities accessing the Site for any reason.

These terms and conditions, together with any documents they expressly incorporate by reference (collectively the “Terms”), govern your access and use of the Site, including any content, functionality, subscriptions, memberships, and services (collectively “Services”) offered on or through the Site, whether as a guest or a registered user. The purchase and sale of products, memberships, subscriptions, and services through the Site are also subject to the Terms stated herein. By using the Site or by purchasing products, subscriptions, memberships or other services on the Site, you agree, without limitation or qualification, to be bound by all of these Terms and our Privacy Policy. If you do not agree, please do not use the Site.

CSC may revise these Terms at any time. Your continued usage of the Site will mean you accept those changes, and you agree to comply with all applicable laws and regulations. The materials provided on the Site are protected by law, including, but not limited to, United States copyright & trademark laws and international treaties.

BY ACCESSING OR USING ANY PART OF THE SITE OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS, WHICH CONTAIN AN ARBITRATION AGREEMENT, A WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE THE SITE OR ANY SERVICES.

Use of the Site

Age Requirements

You understand and agree that to use the Site or purchase any products, subscriptions, memberships, or services, you must be 18 years of age or older, be of legal age to make such purchases in your state, and have the right, authority, and capacity to agree to and abide by these Terms.

Geographic Requirements

By using the Site to purchase products, memberships, subscriptions or Services, you represent and warrant that you are located inside the contiguous United States and agree to be bound by U.S. laws. The Site is intended for users situated in the contiguous United States. We currently do not offer goods and services outside of the contiguous United States or where prohibited by law. All prices are quoted in U.S. dollars. We make no representation that materials on the Site or the App are appropriate or available for use outside the United States. If you choose to access this Site or the App from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Use Rights & Access

We grant you a non-commercial, personal, limited, non-transferable, non-exclusive license to access and use the Site in compliance with the Terms set forth herein. We reserve the right, in our sole discretion, for any reason or for no reason at all, and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site, in whole or in part, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on the use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of these Terms and any such changes. If you have been previously prohibited from accessing the Site, you are not permitted to use or make purchases of any kind on the Site.

Restricted & Prohibited Use

Through your use of the Site, you agree, without limitation, that you will not, directly or indirectly: (a) copy, reproduce, alter, modify, distribute, display, broadcast, create derivative works of or transmit any content on the Site; (b) use the Site for commercial purposes: (c) alter, modify, reverse engineer, decompile, tamper with or disassemble the technology used to provide the Site (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law); (d) damage or interfere with the performance of the Site, or underlying technology; (e) misrepresent or impersonate your identity or affiliation; (f) attempt to gain unauthorized access to the Site; (g) collect any information about users of the Site; (h) violate, misappropriate or infringe a third party’s intellectual property or other right, or any social media platform terms; (i) violate any law, rule, or regulation, or (j) interfere with any third party’s ability to access, use or enjoy, or our ability to provide, the Site.

Content & Technology Ownership & Rights

All content on the Site, made available through the Site or provided by CSC, including, but not limited to, information, text, images, notes, graphics, photos, sounds, music, videos, trademarks, service marks, logos, slogans, printed materials, packaging, labels, and Site design (Content) are owned by or licensed to CSC and/or its affiliates, brand partners and product licensors, and is protected by copyright under both United States and foreign laws. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. None of the above Content may be copied, reproduced, reprinted, distributed, republished, broadcasted, sold, licensed, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of CSC or the respected owner as stated above. All software and other technology used to provide the Site and its features (Technology), are owned by or licensed to CSC and/or its affiliates, brand partners and product licensors. Using the Site or purchasing products, subscriptions, memberships or services does not give you any ownership of or right in any Content or Technology on the Site.

Linking to the Site

You agree that any time you link to the Site from another website, such link must connect to the full version of an HTML formatted Site page. You are not permitted to link directly to any image hosted on the Site, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another Site. You agree not to link to the Site in any manner such that the Site or any Site page is “framed,” surrounded, or obfuscated by any third-party content, materials, or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued and that the link open in a new browser window. We may revoke your right to link to the Site from any other site at any time upon written notice to you.

Membership Terms

It is important that you review these Membership Terms carefully and ensure that you fully understand them prior to purchasing a subscription membership, as they include important information regarding membership details, renewal and cancellation terms and policies.

Memberships

CSC is a quarterly subscription membership service that provides consumers with samples of CBD products and other related products, including access to member-only pricing on our online store, information, and special promotions. When you purchase a subscription membership you are immediately charged $24.95 (plus applicable taxes) which automatically reserves a CBD Samples box for you. This purchase is non-refundable, regardless of whether the box has shipped. You will receive your first box in September per the Billing & Shipping Schedule.  Upon shipment of the box, you will obtain access to the member-only online store and information. Periodic specials and promotions will be provided as well.

Our Subscription Membership is for an ongoing service that is billed $24.95, plus applicable taxes, each quarter and will automatically be charged to your payment method on file per the Billing & Shipping Schedule. You will continue to be charged as described, unless you cancel in accordance with the Membership Terms for Cancellations. (See Cancellations section below)

MEMBERSHIPS AUTOMATICALLY RENEW. YOU ACKNOWLEDGE AND AGREE THAT EACH MEMBERSHIP AUTOMATICALLY RENEWS, AND YOU WILL CONTINUE TO BE CHARGED TO YOUR CARD ON FILE, UNLESS AND UNTIL YOU CANCEL YOUR MEMBERSHIP, OR WE SUSPEND OR TERMINATE IT, IN ACCORDANCE WITH THESE TERMS.

Upon successful payment of your subscription, your box will ship according to the Billing & Shipping Schedule and you acknowledge and agree that shipping dates may vary according to demand, product availability and unknown delays beyond our control. CSC is not responsible of transit times by carriers.

Account Registration & Use

In order to purchase a subscription or access member-only sections of the Site, you must register and setup an account. You can do this on the checkout page. You must provide accurate and complete information as requested to register. You are solely responsible for the confidentiality and safeguarding of your account login information. You agree to maintain and update your account information so that it is complete and accurate. You may not share your account with anyone else or use someone else’s account. You are solely responsible for any and all activities that occur under your account.

If there is any unauthorized use of your account or any other breach of security occurs, you agree to notify CSC immediately. CSC will not be liable for any loss, damages, liability, expenses or costs (including but not limited to legal fees) that you may incur as a result of someone else using your password or account, either with or without your knowledge. You will be liable for losses, damages, liability, expenses and costs (including but not limited to reasonable legal fees) incurred by CSC or a third party due to someone else using your account, unless such use is due to our willful misconduct. CSC has no obligation to retain a record of your account or any data or information that you may have stored by means of your account or use of the Site and services.

Cancellations

Memberships may be cancelled any time, subject to these and all Terms, through one of the following methods: (i) Online – Login, click on Account icon in upper right of website, select Membership, then select Manage and click on “Cancel Membership”. Online cancellations require that you cancel your Membership at least one (1) business day prior to your next billing date to avoid being charged the next membership fee. (ii) Email – Use the online form on the Contact page or email us to notify Customer Support that you want to cancel your Membership. Be certain to list the email associated with the account in the message. Then follow the instructions that are emailed to you. Email cancellations may take up to five (5) business days to process and when completed, will be subject to the cancellation timeframe set forth below based on the completion date.

Cancellations must be successfully completed at least one (1) business day prior to the next Billing Date as stated in the Billing & Shipping Schedule in order for you to not be charged for the next membership fee. Cancellations occurring on an actual Billing Date will be charged and are non-refundable. Canceling your membership does not provide you with a refund for any Membership payments already processed or stop a charge that is pending. Cancellations successfully completed will go into effect for the next billing period. When you successfully cancel your membership, you can still access the member-only store and information until the next billing date.

Terms of Sale

The following terms apply to your purchase of the products and services offered on the Site, whether by way of a Membership, or otherwise (“Products”).

Transactions

The Terms stated herein apply to all purchases made on the Site, including, but not limited to, purchases of subscriptions, memberships, products and services. If you wish to purchase any subscription, membership, product or service made available through the Site (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction. By submitting such information, you grant to CSC the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

You agree that by placing an order on the Site, you are entering into a binding contract with CSC and agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, applicable shipping and handling charges, as well as any taxes that may be applicable to your Transactions. By submitting your card information, you authorize CSC to store, process and charge your payment card with any payment processor for all purchases you make. You agree CSC will not be responsible for any failures of any third party payment processor to adequately protect such information.

We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Services in breach of any applicable law or regulation, including but not limited to the card network rules or regulations; (ii) if you use the Services in breach of these Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested.

If any problems arise with your order, or with the shipping address or Payment Method associated with your account, and CSC is unable to resolve the problem, we may notify you via e-mail using the address associated with your account. It is important that you keep your account information current with an accurate email address and that you check on a regular basis that all information is accurate and up to date. If problems arise with your order that we cannot resolve, your order may be canceled, and we may not be able to process future subscription charges, membership charges or purchases until the problem has been resolved.

You further acknowledge and agree that you may not and will not purchase Products, Services or Memberships for further distribution or resale or for any other commercial or business purpose.

Fraud Protection

As part of our order processing procedures, we may monitor received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

Pricing

We reserve the right to adjust pricing for our memberships, subscriptions, products and services or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. We will notify you of any changes in pricing of subscription memberships prior to implementing the change. Except as otherwise expressly provided for in these Terms, any price changes or changes to your CSC Membership will take effect following notice to you. Any Membership you have already paid for will not be affected by such change for the then-current term of the Membership.

Promotions

CSC may, from time to time in its sole discretion, offer certain promotions or promotional codes for discounts. Promotional codes are not redeemable for cash, credit, or toward previous purchases, and are nontransferable. There is no cash alternative. Promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the published expiration date, if provided. Lost promotional codes cannot be replaced. Limit one promotional code per customer. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by CSC at any time in its sole discretion.

Product Information & Limitation on Quantities

CSC strives to ensure that the information on the Site is accurate and complete. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct at any time and without liability.

We reserve the right to update and change, at any time without notice, information for Products, Services, Memberships and Subscriptions depicted on the Site, including but not limited to all descriptions, images, references, features, content, specifications, products, and prices. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only.

Quantities of some Products may be limited and in stock inventory cannot always be guaranteed. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. To the extent legally permissible, we reserve the right to provide substantially similar Products or Services to fulfill your order.

It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the purchase, receipt, possession, use, and sale of any item obtained from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.

CSC reserves the right with or without prior notice and at any time, to do any one or more of the following: (i) limit quantities purchased by Members; (ii) revise, suspend, or terminate an event or promotion (including after an order has been submitted or acknowledged); (iii) prohibit any user from making or completing any or all Transaction(s); (iv) deny access to a member’s account: and (v) refuse to provide any user with any product or service.

Shipping

CSC uses third-party carriers for delivery of Product Transactions. You acknowledge and agree CSC can use any carrier(s) at our discretion to transport and deliver your Purchases. You further acknowledge and agree that title and risk of loss for such merchandise will pass to you upon our delivery to the carrier(s) and that CSC is not responsible in any way for delays in shipping with such carrier(s).

Damaged or Incomplete Shipment

If a product is damaged or you receive an incomplete shipment of Products, please contact us within seven (7) days of receipt (as documented by the carrier’s shipping information). We will work with you to determine the best solution. Any refunds or replacements are made solely in our discretion.

General Disclaimers

The use of the Site or the Contents is at your own risk. You assume all responsibility and risk with respect to your use of the Site. THE SITE AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION,

CSC DOES NOT WARRANT THAT THE SITE, SERVICES, OR EMAILS SENT TO YOU WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE CSC SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CODE OR COMPONENTS. CSC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE SITE OR CONTENTS IN THE SITE IN RELATION TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT CSC) ASSUME THE ENTIRE COST AND RESPONSIBILITY OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

THE SITE, SERVICES AND PRODUCTS ARE PROVIDED “AS AVAILABLE” AND “AS IS,” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. CSC DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CSC DOES NOT WARRANT THAT ANY PRODUCTS WILL BE IN STOCK, SAFE, DEFECT-FREE, CONFORM WITH WRITTEN OR ORAL
SPECIFICATIONS, GUARANTEES, REPRESENTATIONS, WARRANTIES OR PROMISES, OR THAT PRODUCTS WILL NOT BE LOST OR DAMAGED IN SHIPMENT.

CSC MAKES NO REPRESENTATION, WARRANTY, GUARANTEE OR PROMISE THAT THE PRODUCTS, SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS. CSC IS NOT RESPONSIBLE FOR ANY THIRD-PARTY CONTENT OR SERVICES ON THE SITE, ANY LINKS TO THIRD-PARTY WEBSITES OR ANY THIRD-PARTY WEBSITES. PACKAGING, LABELS AND INSTRUCTIONS MAY CONTAIN MANUFACTURER DISCLAIMERS AND LIMITATIONS OF LIABILITY THAT APPLY TO THE PRODUCTS YOU PURCHASE. ANY REPRESENTATIONS MADE ON THE SITE, THROUGH SERVICES, OR ON OR WITH PRODUCTS, ARE REPRESENTATIONS MADE BY THE MANUFACTURER OF THE PRODUCTS PROVIDED BY CSC, AND ARE NOT REPRESENTATIONS OF CSC.

CSC DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE, THROUGH SERVICES, OR ON OR WITH PRODUCTS, IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCTS LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY OR ALLERGIC CONCERN OR QUESTION ABOUT A PRODUCT.

CSC MAKES ALL DISCLAIMERS IN THIS PARAGRAPH ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS.

Professional Advice Disclaimer

Any information we provide to you, including product descriptions and instructions, whether on the Site, through Services, or on and with products, is for informational purposes only. Use of the Site and this information is not meant to serve as a substitute for professional or medical advice. You should read and strictly follow all product labels, packaging, inserts and instructions and all manufacturer directions and warnings and seek independent professional and medical advice when appropriate.

This Site may include content provided by third parties, including materials provided by manufacturers, suppliers, third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by CSC are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of CSC. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Indemnification

You agree to defend, indemnify, hold harmless, and defend CSC, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers (the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities and expenses of defense (including reasonable legal and accounting fees) incurred in connection with any third-party claim brought or asserted against any of the Indemnified Parties: (a) alleging facts or circumstances that would, if true, constitute a violation of any provision of these Terms by you; (b) alleging bodily injury, death, property damage or other damages arising from your or a third party’s use or misuse of any product purchased by you on the Site; (c) arising from or related to any other party’s access and use of the Services with your unique username, password or other appropriate secure access code (if such codes are required to access Services in the future); (d) arising from, related to, or connected with your use or misuse of the Site or Services. We may, in our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense. You may not settle any such claim without our express written consent. CSC reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CSC, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, ARISING OUT OF THE USE OR INABILITY TO USE THE SITE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF CSC, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU, FOR ANY DIRECT DAMAGES, EXCEED THE AMOUNT YOU PAID TO CSC IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY.

Force Majeure

Under no circumstances shall CSC or its licensors or suppliers be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.

Waiver, Remedies & Severability

No waiver of any term of these Terms will be binding unless in writing. The failure of CSC to partially or fully exercise any rights or the waiver of CSC of any breach of these Terms by you shall not prevent a subsequent exercise of such right by CSC or be deemed a waiver by CSC of any subsequent breach by you of the same or any other term of these Terms. If any provision of these Terms is held by an arbitrator or court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect. The rights and remedies of CSC under these Terms and any other applicable agreements between you and CSC shall be cumulative, and the exercise of any such right or remedy shall not limit CSC’s right to exercise any other right or remedy.

Effect of Termination

If you terminate your account, you will remain liable under these Terms for any purchases made prior to termination. If we terminate your right to access the Site, these Terms will terminate and all rights you have to access the Site will immediately terminate, all other Terms & Conditions and Agreements will survive termination.

Governing Law

These Terms are governed in accordance with United States federal law, and (to the extent not inconsistent with or pre-empted by federal law) the laws of the state of California, United States of America, without regard to its conflict of law provisions. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Legal Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND CSC HAVE AGAINST EACH OTHER ARE RESOLVED.

You and CSC agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Terms, your use of the Site or access to the Services, or any products purchased through the Site will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

Informal Resolution

If you have any dispute with us, you agree that before taking any formal action, you will contact us at: csc@cbdsamplesclub.com, provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account) and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue. In the event an amicable solution is not reached, you agree to the dispute will be resolved in accordance with the provisions set forth in this Legal Disputes Section and Arbitration Agreement.

Arbitration Agreement

As a condition to the use of this Website, you agree to arbitrate all disputes and claims between you and CSC. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:

  • claims arising out of or relating to any aspect of the relationship between you and CSC, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
  • claims that arose before this or any prior agreements (including, but not limited to, claims relating to advertising);
  • claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
  • claims that may arise after the termination of this Terms and Conditions.

References to “CSC”, “Company”, “you”, and “us” in this Arbitration Agreement include our respective parent company, subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against Us on your behalf. You agree that, by entering into this Terms of Service, you and the Company are each waiving the right to a trial by jury or to participate in a class action. This Terms of Service evidences a transaction in the interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Terms of Service.

A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to the Company should be addressed to Prisma USA LLC 7925 Silverton Ave Suite 504 San Diego, CA 92126 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If the Company and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or the Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by the Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Company is entitled.

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”), of the American Arbitration Association (“AAA”), as modified by this Terms of Service, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Terms of Service. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of the arbitration provision. Unless the Company and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The Company will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the AAA Rules. However, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.

The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the preceding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, REPRESENTATIVE, OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Notwithstanding any provision in this Terms of Service to the contrary, we agree that if the Company makes any future change to this arbitration provision (other than a change to the Notice Address) while you are a user of the Website, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.

ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THE CLAIM ARISES. AS NOTED ABOVE, YOU AND CSC HEREBY VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT EITHER MAY HAVE TO A JURY TRIAL.

Entire Agreement and Assignment

These Terms & Conditions, Terms of Service, Membership Terms, Terms of Sale, Arbitration Agreement and our Privacy Policy, constitute the sole and entire agreement between you and CSC with respect to the Site, Memberships, Subscriptions, Services and Products, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site. These Terms, Conditions and Agreements, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CSC without restriction. Any attempted transmission or assignment in violation hereof shall be null and void.

Feedback, Concerns and Requests

This Site is owned and operated by Prisma USA LLC, dba CBD Samples Club. All feedback, comments, requests for technical support and other communications should be directed to Customer Support

Legal Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND CSC HAVE AGAINST EACH OTHER ARE RESOLVED.

You and CSC agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Terms, your use of the Site or access to the Services, or any products purchased through the Site will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

Informal Resolution

If you have any dispute with us, you agree that before taking any formal action, you will contact us at: csc@cbdsamplesclub.com, provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account) and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue. In the event an amicable solution is not reached, you agree to the dispute will be resolved in accordance with the provisions set forth in this Legal Disputes Section and Arbitration Agreement.

Arbitration Agreement

As a condition to the use of this Website, you agree to arbitrate all disputes and claims between you and CSC. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:

  • claims arising out of or relating to any aspect of the relationship between you and CSC, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
  • claims that arose before this or any prior agreements (including, but not limited to, claims relating to advertising);
  • claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
  • claims that may arise after the termination of this Terms and Conditions.

References to “CSC”, “Company”, “you”, and “us” in this Arbitration Agreement include our respective parent company, subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against Us on your behalf. You agree that, by entering into this Terms of Service, you and the Company are each waiving the right to a trial by jury or to participate in a class action. This Terms of Service evidences a transaction in the interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Terms of Service.

A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to the Company should be addressed to Prisma USA LLC 7925 Silverton Ave Suite 504 San Diego, CA 92126 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If the Company and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or the Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by the Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Company is entitled.

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”), of the American Arbitration Association (“AAA”), as modified by this Terms of Service, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Terms of Service. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of the arbitration provision. Unless the Company and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The Company will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the AAA Rules. However, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.

The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the preceding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, REPRESENTATIVE, OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Notwithstanding any provision in this Terms of Service to the contrary, we agree that if the Company makes any future change to this arbitration provision (other than a change to the Notice Address) while you are a user of the Website, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.

ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THE CLAIM ARISES. AS NOTED ABOVE, YOU AND CSC HEREBY VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT EITHER MAY HAVE TO A JURY TRIAL.

Entire Agreement and Assignment

These Terms & Conditions, Terms of Service, Membership Terms, Terms of Sale, Arbitration Agreement and our Privacy Policy, constitute the sole and entire agreement between you and CSC with respect to the Site, Memberships, Subscriptions, Services and Products, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site. These Terms, Conditions and Agreements, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CSC without restriction. Any attempted transmission or assignment in violation hereof shall be null and void.

Feedback, Concerns and Requests

This Site is owned and operated by Prisma USA LLC, dba CBD Samples Club. All feedback, comments, requests for technical support and other communications should be directed to: csc@cbdsamplesclub.com