TERMS & CONDITIONS
My Delta8 Store (“MD8S”), incorporated as Ari’s Treasures Inc., accomplishes its mission by offering various products and educational materials online to its customers. These Terms & Conditions (“Terms”) apply to all activities you engage in with MD8S, including purchasing products, reviewing educational materials, receiving purchase rewards, and using any of its websites or services (collectively, the “Services”).
If you live in the United States or Canada, by agreeing to these Terms, you agree to waive your right to a jury trial and to resolve any dispute with MD8S through binding arbitration. Please review the Dispute Resolution and Class Action Waiver section below.
Your Account
You may need to set up an account with MD8S. You are responsible for your MD8S account and must ensure that all information you provide to MD8S is accurate, including your email address.
You must keep your username and password strictly confidential. If someone other than you obtains and uses your login credentials, MD8S reserves the right to disable your account without providing a refund.
Acknowledgment Regarding Products Sold by MD8S
MD8S sells certain hemp-derived CBD products to individuals over the age of 21. It is MD8S’s understanding that these products contain THC within the allowable limits prescribed by federal law and the laws of MD8S’s primary place of business.
MD8S does not and shall not guarantee or otherwise represent that its products are legal in your state or territory. It is your responsibility, independently of any efforts undertaken by MD8S, to determine the legality of MD8S products within your state or territory.
You should consult a physician before using any product sold by MD8S. A doctor’s advice should be sought before using any hemp product. Statements made by MD8S have not been evaluated by the FDA, and products sold by MD8S are not intended to diagnose, treat, cure, or prevent any disease.
Payment for Services
You agree to pay the fees for any MD8S Services you choose to purchase. You authorize MD8S to charge your debit or credit card or process another approved form of payment for those fees.
MD8S will not provide refunds unless MD8S determines, at its sole discretion, that a refund is warranted.
MD8S Rights
All rights, title, and interest in and to MD8S’s online presence and Services, including its website, existing or future applications, mobile applications, and databases, are and will remain the exclusive property of MD8S.
You may not use the MD8S name or any of its trademarks, logos, domain names, marketing materials, educational materials, or other distinctive brand features without authorization.
Any feedback, comments, or suggestions you provide regarding MD8S or the Services are entirely voluntary. MD8S may use such feedback, comments, or suggestions as it sees fit without any obligation to you.
When accessing the MD8S website or using its materials and Services, you agree that you will not copy, modify, create derivative works from, reverse engineer, or reverse assemble any MD8S Services or materials.
You also agree not to use the Services to send altered, deceptive, or false source-identifying information, including email communications that falsely appear to have been sent by MD8S.
Children and Individuals Under 21 Years of Age
MD8S does not knowingly sell products or provide Services to individuals under the age of 21. If you are under the age of 21, you must not access or use the Services.
Miscellaneous Terms
By registering for, accessing, or using the MD8S Services, you agree to enter into a legally binding contract with MD8S consisting of these Terms and the MD8S Privacy Policy.
If you do not agree to these Terms or the MD8S Privacy Policy, you must not register for, access, or otherwise use any MD8S Services.
You agree that these Terms represent the entire understanding between you and MD8S and supersede all previous agreements, whether oral or written, between you and MD8S.
No change or modification to these Terms will be valid unless it is made in writing and published by MD8S on its website.
If any provision of these Terms is found to be invalid or unenforceable, that provision will be severed from the remaining provisions, which will continue in full force and effect.
Neither MD8S’s waiver of a breach or default under these Terms nor its failure, on one or more occasions, to enforce any provision or exercise any right or privilege will be interpreted as a waiver of any subsequent breach, default, provision, right, or privilege.
MD8S Services and products are provided on an “as-is” and “where-is” basis. MD8S makes no representations or warranties regarding the suitability, reliability, availability, timeliness, or security of the Services or MD8S products.
MD8S expressly disclaims all warranties and conditions, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
MD8S does not guarantee that you will obtain specific results from your use of the Services. Your use of the Services is entirely at your own risk.
You agree that MD8S will not be liable for any indirect, incidental, punitive, special, or consequential damages, including loss of data, revenue, profits, business opportunities, personal injury, or death, whether arising under contract, warranty, tort, product liability, or any other legal theory, as a result of your use of the MD8S Services or your purchase or use of MD8S products.
MD8S’s total liability to you or any third party under any circumstances will be limited to the total amount you paid to MD8S during the 12-month period preceding the event giving rise to your claim.
You agree to indemnify, defend, and hold harmless MD8S and its members, managers, suppliers, partners, and agents from and against any third-party claims, demands, losses, damages, liabilities, or expenses, including reasonable attorneys’ fees, arising from any intentional or negligent actions taken by you.
Your indemnification obligations will survive the termination of these Terms and your use of the Services.
You also agree that no joint venture, partnership, employment, independent contractor, or agency relationship exists between you and MD8S.
Dispute Resolution and Class Action Waiver
Your relationship with MD8S and your use of the MD8S Services and materials will be governed by the laws of the State of Florida. Any disputes arising under these Terms will be adjudicated in Miami-Dade County, Florida.
You agree that any controversy or claim arising out of or relating to these Terms, your relationship with MD8S, or your use of MD8S Services and products will be resolved through arbitration administered by the American Arbitration Association in accordance with the Expedited Procedures of its Commercial Arbitration Rules.
The arbitration hearing will take place before a single arbitrator in Miami-Dade County, Florida.
This agreement to arbitrate will be enforceable under and subject to the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.
No arbitration proceeding under these Terms may be filed, pursued, or conducted as a class action or on a basis involving claims brought in a representative capacity on behalf of the general public, other customers, potential customers, or similarly situated individuals.
No arbitration proceeding may be consolidated or joined with any other arbitration proceeding.
THE PARTIES AGREE TO ARBITRATE ON AN INDIVIDUAL BASIS, AND EACH PARTY WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
Updating These Terms
MD8S may update these Terms when it considers it appropriate to clarify its practices or reflect new or different practices.
MD8S reserves the right, at its sole discretion, to modify these Terms at any time.
If MD8S makes a material change, it may notify you through prominent means, including an email sent to the address associated with your account or a notice posted on its website.
Unless otherwise stated, modifications will become effective on the date they are posted.
Your continued use of the Services after any changes become effective means that you accept those changes. Any revised Terms will supersede all previous versions of these Terms.
