Terms & Conditions
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
Last updated: 4th April 2024
The following sets forth the Terms and Conditions regarding our website, located at www.keliadrink.com (“website”), and the products and services offered by High Priorities LLC. The terms, “we,” “us,” and “our” as used in this Agreement refer to High Priorities LLC.
Please read the following Terms of Use (“Terms”) carefully before accessing the website or utilizing the website to make a purchase. The website, including all information, products, and/or services available through the website, are subject to these Terms, as well as other important legal notices and warnings, [including our Privacy Policy], and any other terms, rules, or guidelines published on our website (collectively, our “Legal Terms”).
By using the website, you acknowledge that you have read and understood these Terms, and you expressly agree to be bound by these Terms without limitation each time you access the website, and each time you place an order for products or services. These Terms apply to the purchase and sale of products and services through the website. By placing an order for such products and services, you agree to be bound by and accept these terms and conditions. Accessing or using the website also constitutes a representation and warranty that you have the legal authority to accept and agree to the Terms on your own behalf, and on behalf of any entity you do, or purport to, represent. If you do not agree to these Terms, you should not access or obtain products or services from this site.
These Terms are subject to change without prior written notice at any time, in our sole discretion. The latest version of the Terms will be posted on this site. By continuing to access or use the website after any such change has been posted, you expressly agree to be bound by the revised Terms.
1. Eligibility & Indemnification
Users of the website represent and declare themselves to be adults according to the applicable legislation. Under no circumstance may persons under the age of majority use High Priorities LLC’s website, products, or services. Users of the website represent, warrant, and declare that they are legally permitted to purchase the products in their relevant jurisdiction, and agree to defend, indemnify, and hold High Priorities LLC harmless from and against any and all claims, liabilities, losses, damages, costs, and expenses, including attorneys’ fees, arising from or related to use of the website, products, or services, any violation of these Terms, any applicable law or regulation, and any third-party conduct or right. You agree to cooperate in High Priorities LLC’s defense of any such matter, and to reimburse High Priorities LLC for any damages, reasonable settlements and defense costs, including attorney’s fees, that they incur because of any such claims made against it. You agree that you will not use this website for any unlawful activity or use it in any way that would violate these Terms.
2. Order Acceptance and Cancellation
The products and services made available through the website are not offers to sell; they are invitations to make offers to purchase products and services. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled, you will receive a prompt refund credit to your account. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.
Once an order has been placed, you cannot cancel it unless the shipment is unavoidably delayed. In such case of unavoidable shipment delay, we will do our best to cancel the order if requested. Our products and services are subject to return or exchange only according to our Return Policy.
Our website is intended to serve end user customers and we do not accept through the website orders from dealers, exporters, wholesalers, or other customers who intend to resell the products and services which are offered on our website. We make every effort to maintain the availability of our site. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.
3. Payment Terms and Sales Taxes
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order.
Our store is hosted by WooCommerce, an online e-commerce platform that allows us to sell products and services to you. [Website host/payment processor] accept VISA, MasterCard, American Express, and Discover credit cards for all purchases. You represent and warrant that: (i) the credit card information you supply to us is true, correct and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
All payments must be in United States dollars. Current billing address and phone information must be included with every order. You agree to pay interest on all past-due sums at the highest rate allowed by law. We retain a security interest in the products and all proceeds thereof until the full purchase price therefore (including taxes and additional charges) has been paid. Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below.
4. Changes in Products and Pricing
We are constantly updating and revising our offerings of products and services, and we may discontinue products and services at any time without notice. To the extent that we and/or the website provide information on availability of products or services, you should not rely on such information, and we will not be liable for any lack of availability of products or services that you may order through our site.
All pricing for the products and services available on our site is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.
5. Shipping Policy
Please check the individual product page for specific delivery options. All shipping prices are quoted in United States dollars. No C.O.D. orders can or will be accepted.
Please note the posted shipping time frame is listed on the individual product page and may vary from item to item. The posted shipping time frame is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization.
These shipping terms are accepted by you by placing an order with us.
6. Advertising Disclaimer, Intellectual Property, and Trademarks
In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will immediately issue a credit to your credit card account in the amount of the charge.
We authorize you to view, save, and/or download the content available on the website only for your personal and noncommercial use.
High Priorities LLC retains all rights, title, and interests in the website and its content, including intellectual property. All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, logos, images, designs, photographs, video clips, copy, as well as all written and other materials that appear as part of our website, whether registered or unregistered (“Intellectual Property”) owned, controlled, or licensed by High Priorities LLC, are, and remain, the exclusive property of [Seller-client legal name] or its licensors and are protected by law.
High Priorities LLC aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of High Priorities LLC, may not be used in any way, including in advertising or otherwise publicity without prior, written permission from High Priorities LLC. Fair use of High Priorities LLC’s Intellectual Property requires proper acknowledgment.
Our website may contain links to websites owned or operated by parties other than High Priorities LLC. Such links are provided for your reference only. We do not monitor or control outside websites and we are not responsible for their
products, content, or policies. Linking to another website takes you away from our website and subjects you to the policies of the new website.
7. Disclaimer and Limitation of Liability
THE WEBSITE IS OPERATED ON AN “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND.
ALL PRODUCTS AND SERVICES AVAILABLE ON THE WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE WEBSITE, OR THAT THE PRODUCTS AND SERVICES AVAILABLE ON THE WEBSITE, WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH A LIMITING OR PROHIBITIVE LAW IS APPLICABLE TO YOUR USE OF THE WEBSITE OR YOUR PURCHASE OF PRODUCTS AND SERVICES.
YOUR USE OF THE WEBSITE AND ANY PRODUCTS OR SERVICES ARE AT YOUR OWN RISK. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE.
IN NO EVENT SHALL WE OR OUR PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON OR ENTITY FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, OUR PRODUCTS OR SERVICES, OR THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE. NONE OF OUR EMPLOYEES OR REPRESENTATIVES ARE AUTHORIZED TO MODIFY THIS LIMITATION. OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AND SERVICES AVAILABLE ON OUR SITE), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES,SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH A LIMITING OR PROHIBITIVE LAW IS APPLICABLE.
Consuming this product during pregnancy exposes your child to delta-9-THC, which can affect your child’s behavior and learning ability. For more information go to www.P65Warnings.ca.gov/cannabis.
8. Medical Advice Disclaimer
YOU ACKNOWLEDGE THAT WE ARE NOT ACTING AS MEDICAL PROFESSIONALS, NOR DOES HIGH PRIORITIES LLC OFFER OR PRODUCE MEDICAL ADVICE. THE WEBSITE SHOULD NOT BE RELIED UPON FOR SUCH PURPOSES.
THE WEBSITE, AS WELL AS THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE WEBSITE, ARE MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY. NO STATEMENT OR OMISSION SHALL BE CONSIDERED MEDICAL ADVICE, NOR MADE FOR THE PURPOSE OF DIAGNOSIS, TREATMENT, CURING, PREVENTING, OR MANAGING HEALTH PROBLEMS, AND SHOULD NOT BE USED AS A SUBSTITUTE FOR ANY MEDICAL OR PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS, PREVENTION, MANAGEMENT, OR TREATMENT. STATEMENTS MADE REGARDING PRODUCTS AND SERVICES OFFERED BY OR THROUGH THE WEBSITE HAVE NO BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. TALK TO YOUR HEALTH CARE PROVIDER PRIOR TO AND DURING ACCESS TO AND/OR USE OF THE WEBSITE CONTENT, AS WELL AS THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE WEBSITE.
9. Return Policy
These policies set forth your sole and exclusive rights with respect to return of products and services that you may purchase through our website:
We do not accept returns of any consumable products purchased online. All returned products, without informing us will be discarded on receipt.
At our discretion, we may ask you to return products back to us. If a return is requested, we’ll send you a return shipping label, as well as instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted.
Questions regarding our return policies should be addressed via e-mail to [email protected].
10. Privacy and Customer Information
We are committed to protecting your privacy. To make your shopping experience more convenient, we gather information about you. We maintain the privacy of your information using security technologies and adhere to policies that prevent unauthorized use of your personal information. See our Privacy Policy.
At any time you may update your customer account information by following the instructions posted elsewhere on this site. You may update your name, password, billing address, shipping address, e-mail address, telephone number, and credit card information by [Seller-client relevant procedure].
11. Force Majeure
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and service available through our website arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
12. Entire Agreement, Other Documents, and Severability
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this website is in conflict or inconsistent with these Terms, these Terms shall take precedence.
Wherever possible, each provision of this Agreement and these Terms shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement or these Terms shall be prohibited, invalid, or unenforceable under applicable law, such provision shall be ineffective only to the extent of such prohibition, invalidity, or unenforceability, without invalidating the remainder of such provisions or the remaining provisions of this Agreement, which remaining provisions shall be enforced to the greatest extent permitted by law.
13. Governing Law and Statute of Limitations
The website is controlled from our offices within the Commonwealth of Massachusetts, United States of America. It can be accessed from all 50 (fifty) states, as well as from other countries around the world. As each of these places has laws that may differ from those of Massachusetts, by accessing this site the parties agree that the statutes and laws of the Commonwealth of Massachusetts, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the website and the purchase of products and services available through the website. Each party agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of Middlesex County with respect to such matters.
Any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred. Our failure to exercise or enforce any right under these Terms shall not constitute a waiver of such right.
We make no representation that the products and services available through our site are legal, appropriate, or available for purchase, sale, or use in locations in or outside of the United States where such products and services are illegal or prohibited. Website users who choose to access this website or purchase our products or services from such locations do so on their own initiative and are responsible for compliance with local laws.
14. Hemp Derivatives
Warning – the safety of these products have not been determined. Statements made on this website (the “Site”) have not been evaluated by the Food and Drug Administration. The Products sold on this Site are not intended to diagnose, treat, cure, or prevent any disease.
You are responsible for ensuring that any items purchased on the Site are legal to purchase and possess in the jurisdictions where they will be shipped. You are responsible for complying with any state, local, and federal limits related to hemp, as that term is defined in the Agricultural Improvements act of 2018 (sometimes referred to as the “2018 Farm Bill”), and state or local regulations regarding the legality of hemp-derived cannabinoids such as THC, THCV, CBG, and others.
Items on this Site may not be legal in your local jurisdiction and you are responsible for compliance with local laws. You are encouraged to consult with an attorney with questions related to any product or service offered for sale on this Site.