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FDA Disclaimer

FDA Disclamer

The statements made regarding these products have not been evaluated by the Food
and Drug Administration. The efficacy of these products has not been confirmed by FDAapproved research. These products are not intended to diagnose, treat, cure or prevent
any disease. All information presented here is not meant as a substitute for or
alternative to information from health care practitioners. Please consult your health
care professional about potential interactions or other possible complications before
using any product. The Federal Food, Drug, and Cosmetic Act require this notice.

Shipping Policy

Shipping policy

PLEASE NOTE: WE DO NOT SHIP TO THE FOLLOWING STATES DUE TO LOCAL AND STATE LAWS REGARDING THE LEGALITY OF CBD PRODUCTS: IDAHO, NEBRASKA, SOUTH DAKOTA.

WE DO NOT SHIP HEMP FLOWER PRODUCTS TO THE FOLLOWING STATES DUE TO LOCAL AND STATE LAWS REGARDING THE LEGALITY OF HEMP FLOWER: Alabama, Idaho, Kansas, Kentucky, Massachusetts, Mississippi, Nebraska, South Carolina, South Dakota, Texas.

Shipping Policy:
o Shipping costs for the Products will appear in the shopping cart before you complete your transaction. The carrier and service speed may vary by time of year.
o We take customer satisfaction seriously and we ship in stock orders within 1-3 business days of receipt. Please note that total delivery time will depend on the shipping speed selected at checkout. We use the USPS as our shipping provider. We offer free shipping on orders over $30.00 and they are sent first class.
o Shipping costs are non-refundable.
o We are not responsible for any package that is stolen from your doorstep or mailbox.
o We are not responsible if law enforcement or other government agency mistakenly seizes your package during transit.
o If a shipment is returned to our facility, we will not reship until the recipient or gift giver has provided a deliverable address.

Damages during Shipping:
We inspect our products thoroughly before packing and shipping. We understand that packages can be subject to damage once they leave our facility. Please check your shipment upon arrival for any signs of damage during shipping. Shipping damage claims must be made within 72 hours of arrival. Please contact us at scott@thecannman.com for assistance.

Terms and Conditions

Terms of service

Version v.1.0. March 9th 2021 
1. Please read these terms and conditions of sale together with any documents they expressly incorporate by reference (collectively, these “Terms”) carefully before using this website. It contains very important information about your rights and obligations, as well as limitations and exclusions that may apply to you (referred to herein as "you" or "Customer"). “Company” or “we” or “us” or “TCM” shall mean TheCannMan, LLC, a Virginia limited liability company. “Website” shall mean www.thecannman.com and other websites as added from time to time by Company (Company Websites”).

2. Acceptance of the Terms. These Terms are entered into by and between You and Company. The following Terms govern your access to and use of the Website, including any content, functionality and services offered on or through the Website, as a guest. By using the Website, by placing any order for products or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Website. These Terms apply (i) unless the Customer has signed a separate purchase agreement with TCM, in which case the separate agreement shall govern; or (ii) unless other TCM standard terms apply to the transaction. These terms and conditions are subject to change without prior written notice at any time, in TCM's sole discretion. Such changes are effective immediately upon posting on this website and you are deemed to receive notice of such revisions at the time of posting, and are bound by any such changes to the Terms. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s), except as otherwise noted. Any attempt to alter, supplement or amend this document or to enter an order for product(s) or services that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and TCM.

3. Legal Age. IMPORTANT.
o THIS SITE IS INTENDED FOR USERS EIGHTEEN (18) YEARS OF AGE OR OLDER. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, DO NOT USE OR ACCESS THIS SITE FOR ANY REASON AND PLEASE EXIT THIS SITE IMMEDIATELY. ASK YOUR PARENT OR GUARDIAN TO ACCESS THIS SITE FOR YOU.
o YOU MUST BE OF LEGAL AGE REQUIRED BY THE STATE OR PROVINCE YOU ARE IN TO PURCHASE OUR PRODUCTS. IT IS YOUR RESPONSIBILITY TO KNOW WHETHER YOU ARE LEGALLY ABLE TO PURCHASE OUR PRODUCTS.
o An adult signature is required at time of delivery.
o By submitting your order electronically, you are signing that you have read and understood the above conditions.

4. Shipping Policy.
PLEASE NOTE: WE DO NOT SHIP TO THE FOLLOWING STATES DUE TO LOCAL AND STATE LAWS REGARDING THE LEGALITY OF CBD PRODUCTS: IDAHO, NEBRASKA, SOUTH DAKOTA.

WE DO NOT SHIP HEMP FLOWER PRODUCTS TO THE FOLLOWING STATES DUE TO LOCAL AND STATE LAWS REGARDING THE LEGALITY OF HEMP FLOWER: Alabama, Idaho, Kansas, Kentucky, Massachusetts, Mississippi, Nebraska, South Carolina, South Dakota, Texas.

o Shipping costs for the Products will appear in the shopping cart before you complete your transaction. The carrier and service speed may vary by time of year.
o We take customer satisfaction seriously and we ship in stock orders within 1-3 business days of receipt. Please note that total delivery time will depend on the shipping speed selected at checkout. We use the USPS as our shipping provider.
o Shipping costs are non-refundable.
o We are not responsible for any package that is stolen from your doorstep or mailbox.
o We are not responsible if law enforcement or other government agency mistakenly seizes your package during transit.
o If a shipment is returned to our facility, we will not reship until the recipient or gift giver has provided a deliverable address.

5. Damages during Shipping. We inspect our products thoroughly before packing and shipping. We understand that packages can be subject to damage once they leave our facility. Please check your shipment upon arrival for any signs of damage during shipping. Shipping damage claims must be made within 72 hours of arrival. Please contact us at scott@thecannman.com for assistance.

6. Orders. All offers made pursuant to these Terms are subject to availability. The Company has the right to refuse orders should they not comply with the applicable laws or for any other reason and your payment will not be processed for such orders. The Company shall not be liable for any errors or omissions in product pricing or discounts offered to customers, and in the event of any such error or omission, the Company reserves the right to cancel affected orders and refund the charge to you as your sole remedy. The Company reserves the right to change product pricing and discounts offered at any time. If the Products, or payments for any Products, under the Terms are subject to sales tax in any jurisdiction and you have not remitted the applicable sales tax to Company, you will be responsible for the payment of such sales tax and any related penalties or interest to the relevant tax authority, and you will indemnify Company for any liability or expense we may incur in connection with such sales taxes.

7. Returns. Due to the perishable nature of our products, we are unable to accept returns, except when the Product is flawed or damaged and ALL SALES ON THIS WEBSITE ARE FINAL. You may contact us at scott@thecannman.com with any questions you have concerning refunds.

8. Contact Information. If you have any requests (including club or order cancelations), questions or comments about your orders, your account, your personal information, the Company Website, or any other questions or comments relating to our products and services, please contact us at: Email: info@thecannman.com

When you send an email to us, you agree that we may electronically communicate with you. You acknowledge that communications by email may not be confidential.

9. Privacy Policy. Your use of the Company’s Website is subject to our Privacy Policy, which we may amend from time to time, and you hereby agree to its terms.

10. Intellectual Property Rights.
o The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms permit you to use the Website for your personal, non-commercial use only.
o You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
--Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
--You may store files that are automatically cached by your Web browser for display enhancement purposes.
--You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
o You must not:
--Modify copies of any materials from this site.
--Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
--Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
--You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
o If you wish to make any use of material on the Website other than that set out in this section, please address your request to: scott@thecannman.com.
o No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

11. Trademarks. The Company name, TheCannMan, LLC, the Company logo and all related names, logos, product and service names, designs and slogans are pending trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

12. Prohibited Uses.
o You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:
--In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
--For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
--To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
--To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
--To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
o Additionally, you agree not to:
--Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
--Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
--Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
--Use any device, software or routine that interferes with the proper working of the Website.
--Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
--Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
--Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
--Otherwise attempt to interfere with the proper working of the Website.

13. User Contributions.
o The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
o All User Contributions must comply with the Content Standards set out in these Terms.
o Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
o You represent and warrant that:
--You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
--All of your User Contributions do and will comply with these Terms.
o You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
o We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

14. Monitoring and Enforcement; Termination.
o We have the right to:
--Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
--Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
--Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
--Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
--Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.
o Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
o However, we cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

15. Content Standards. These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
o Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
o Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
o Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
o Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
o Be likely to deceive any person.
o Promote any illegal activity, or advocate, promote or assist any unlawful act.
o Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
o Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
o Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
o Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

16. Creation and Termination of Account.
o The Company may request the users to register with the Websites in order to have access to certain information or in order to place orders of products, and to create a user account (“Account”). These provisions would then apply:
• Any passwords used for the Account for this site are for individual use only. You will be responsible for the security of your password (if any) and you agree to accept responsibility for all activities that occur under your account or password. We have the right to monitor your password and, at our discretion, require you to change it. If you use a password that we consider insecure, we will have the right to require the password to be changed and/or terminate your Account. You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, we have the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. We reserve the right to investigate suspected violations of these Terms, and we reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any submission that is believed to violate these Terms.
• In registering an Account on the site, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least eighteen (18) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using Company Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Company Properties by minors. You may not share your Account or password with anyone, and you agree to (1) notify Company immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your Account and refuse any and all current or future use of the Website or sale of the Products to you. You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account. Company reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account if you have been previously removed by Company, or if you have been previously banned from purchasing the Products.
• Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Company.
• The Company reserves the right to terminate your Account at any time, with or without cause or notice, and which shall be effective immediately. If you wish to terminate your Account, you may do so by contacting us using the contact information provided in the “Contact Information” section of this website. You acknowledge and agree that any orders shipped before such termination are non-refundable.

17. Modification. The Company reserves the right to modify any of the terms and conditions contained in these Terms, at any time, at our sole discretion. We will notify you of any such modifications by posting a notice on the Company Sites promptly following any such modification. Your continued use of the Company Sites or your Account following such notification will be confirmation of your acceptance of such changes. The Company Sites are subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Company Sites or because of a failure, suspension or withdrawal of all or part of the Company Sites.

18. Indemnification. You agree to indemnify, defend and hold the Company and its employees, officers, directors and shareholders harmless to the fullest extent permitted by law from and against any losses, costs, liabilities, settlements, fines, payments or damages (including reasonable attorneys’ fees and costs) resulting from any claim, suit or proceeding, threatened or otherwise, at law or in equity made or brought against us, and caused by, arising out of, resulting from or attributable to: (i) your misuse of the Company Sites; (ii) anything you post to the Company Sites; (iii) your violation of these Terms; (iv) your violation of the rights of any third parties; and/or (v) use of the Company Sites by any other person accessing the Company Sites using a computer or Internet access account that you provided to such person.

19. Geographic Restrictions. Products sold by TCM are grown, produced and sold under compliance with the Federal Farm Bill of 2018, including those products containing trace amounts of 0.3% THC or less. The owner of the Website is based in the state of Virginia in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of Virginia. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside South Carolina, you do so on your own initiative and are responsible for compliance with local laws. Our sales are made in Virginia, where the title to the products passes to you, even in the case if you instruct us to contract on your behalf with a third-party carrier in order to ship the products to you outside Virginia. In this latter case, you are solely responsible for this shipment, and any associated taxes, compliance obligations with applicable state law and indemnification provisions as per section 18 above. We disclaim any representation as to the legality of the importing and/or shipment of the products into any states or countries outside the State of Virginia.

20. Health Information and Disclaimer for Use of Industrial Hemp Products. Any statements on this site or any materials or products we distribute or sell have not been evaluated by the Food and Drug Administration (“FDA”). Our products are not intended to diagnose, treat, prevent, or cure any disease. If you are pregnant, nursing, taking medication, or have a medical condition, we suggest talking with a physician before using our products. Also, be advised products containing even trace amounts of THC that are compliant with all applicable state and federal laws theoretically could produce a positive test result for certain types of THC drug testing. By making a purchase on our site, the customer:
o acknowledges that due to FDA regulations we make no claim regarding our products' ability to treat or benefit conditions of any kind.
o agrees to:
--assume all of the legal and financial risks of purchasing, possessing, transporting, shipping, marketing, and reselling industrial hemp products;
--waive, release, and discharge Seller from any and all liability, including but not limited to, liability arising from law enforcement seizures, damaged product, and customer negligence.
--indemnify and hold harmless Seller, its owners and representatives from any and all liabilities or claims made as a result of purchasing industrial hemp products.
o understands that the Products:
--are intended for Cannabidiol (CBD) and/or other non-Tetrahydrocannabinol THC cannabinoid extraction or novelty.
are not intended for smoking use.
--are not approved or endorsed by the FDA or intended to diagnose, treat, cure, or prevent any disease.

21. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

22. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, OR ANY OTHER COMMERCIAL DAMAGES, OR LOSSES, EVEN IF THE COMPANY HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER OR NOT IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE) EXCEED THE LESSER OF $100 OR THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS OR ANY OTHER COMPANY SITE OR FOR THE APPLICABLE PRODUCT OUT OF WHICH LIABILITY AROSE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

23. Governing Law. These Terms and all issues collateral thereto shall be governed and construed in accordance with the laws of the State of Virginia pertaining to contracts made and to be performed entirely therein and without regard to its conflict of laws principles. Any legal suit, action or proceeding arising out of or related to these Terms shall be instituted exclusively in the federal courts of the United States or the courts of the State of Virginia, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. Service of process, summons, notice or other document by mail to such party’s address set forth herein shall be effective service of process for any suit, action or other proceeding brought in any such court.

24. Attorneys’ Fees. In the event that any action, suit, or other legal or administrative proceeding is instituted or commenced by either party hereto against the other party arising out of or related to these Terms, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and court costs from the non-prevailing party.

25. Severability. If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal or unenforceable, the parties hereto shall negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

© 2021 TheCannMan, LLC. All Rights Reserved

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