Terms of Use

Effective Date: July 28, 2020

These Terms of Use (“Terms of Use”) governs the gnomegrownorganics.com website (the “Website”) owned and operated by Gnome Grown Merchandising LLC and its affiliated companies, including Gnome Grown Retail, LLC, Gnome Grown, LLC, and Medicated LLC (collectively “Gnome Grown”, “we”, “our”, or “us”).  Please review these Terms of Use carefully.

BY CHOOSING TO USE AND/OR ACCESS THE WEBSITE, YOU ACKNOWLEDGE AND CERTIFY THAT:

• YOU HAVE READ THESE TERMS OF USE, WHICH EXPRESSLY INCORPORATE OUR PRIVACY POLICY {     HYPERLINK}.
• YOU AGREE TO BE BOUND BY AND COMPLY WITH OUR TERMS OF USE AND OUR PRIVACY POLICY.
• YOU WILL AT ALL TIMES COMPLY WITH ALL APPLICABLE LAWS, RULES, REGULATIONS, TREATIES, AND ORDERS.
• YOU ARE AT LEAST TWENTY-ONE (21) YEARS OLD.

IF YOU DO NOT AGREE TO THESE TERMS OF USE AND OUR PRIVACY POLICY, PLEASE LEAVE OUR WEBSITE AND DISCONTINUE USE OF OUR SERVICES IMMEDIATELY.

If you wish to contact us concerning these Terms of Use or for any other reason, please contact us at:

Gnome Grown Merchandising LLC
Attn:  Jordan/Director of Merchandise, Social Media and Marketing
P.O. Box 93
Oregon City, OR 97045
[email protected]

PLEASE BE AWARE THESE TERMS OF USE CONTAIN AN ARBITRATION AGREEMENT WHICH REQUIRES DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION.

Your use and access to the Website is, at all times, expressly conditioned on your compliance with these Terms of Use, as well as all applicable laws, rules, regulations, treaties, and orders.  Your failure to comply with these Terms of Use, as well as all applicable laws, rules, regulations, treaties, and orders may result in termination of your access to the Website.

1. DISCLAIMERS

The Website is controlled and operated by us from our offices in the State of Oregon and is intended only for persons residing in the United States. We make no representation that any of the materials or services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Website outside of the State of Oregon should not be construed as our purposefully availing ourselves of the benefits or privilege of doing business in any state or jurisdiction other than the State of Oregon.

We hereby disclaim all warranties, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We make the Website available “as is”, without warranty of any kind. Neither we nor the Website shall be held responsible or liable for the accuracy of any information transmitted or made available through the Website, nor responsible for any error or omissions in any of that information. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

We have no control over, and no liability for any third-party websites or materials, even if they are linked to or from the Website. We make no guarantees about the accuracy, currency, content, or quality of the content and/or information provided by such third parties, and we assume no responsibility for third-party content.  Any information or content on any third-party website or platform shall be governed by that party’s terms of use, which we encourage you to review.

Your access and use of the Website may be unavailable during periods of peak demand, system upgrades, malfunctions, or scheduled or unscheduled maintenance, or for other reasons.  You assume the risk of any and all damage or loss from use of, or inability to use or access the Website.

2. INTELLECTUAL PROPERTY & WEBSITE USAGE

All contents of the Website are Copyright © 2020 Gnome Grown Merchandising, LLC.  All rights are reserved.  All of our trademarks, logos, brand names, service marks, trade dress, trade names, copyrights, patents, domain names, trade secrets, text, graphics, images, music, software, audio, video, works of authorship of any kind, information or other materials that are posted, generated, provided or otherwise made available through or embedded in the Website, and all other proprietary rights (collectively, “Intellectual Property”) whether registered or not, are our property or are licensed to us. Gnome Grown exclusively own all right, title, and interest in and to the Website, including all Intellectual Property.

By posting any reviews or making other user content (“User Content”) available through the Website, you hereby grant to Gnome Grown a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Website and information on the Website to you and to other users.

To access certain features of the Website on your device, your device must satisfy certain system and technical requirements and have Internet access. You are solely responsible for all charges associated with your device, including, without limitation, Internet access and data charges by your wireless carrier or any third party.

You agree that we may send you notifications, emails, text messages, alerts, or other electronic communications in connection with our Website, including, but not limited to our rewards program. You can control most communications by clicking or sending STOP in response to the SMS message or following any other instructions set forth in the SMS message, provided necessary certain communications may not be disabled or prevented, such as service announcements and administrative messages. You agree to bear all messaging or data fees you may be charged by your wireless carrier or any third party.

3. DIGITAL MILLENIUM COPYRIGHT ACT (DCMA) NOTICE

If you have evidence, know, or have a good-faith belief that your rights or the rights of a third-party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information at the contact information listed above:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

4. PROHIBITED CONDUCT

You agree not to do any of the following:

1. Post, upload, publish, submit or transmit any User Content that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, proprietary rights, confidentiality rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable treaty, law, rule, order, or regulation or would give rise to civil, criminal, or administrative liability; (c) is fraudulent, false, misleading, untrue, or deceptive; (d) is defamatory, threatening, harassing, vulgar, obscene, or offensive; (e) promotes violence, discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; or (f) promotes illegal or harmful activities or substances;
2. Without our express written consent, use, display, or publish any information or content on the Website, or any individual element within the Website; the Gnome Grown name, Intellectual Property, or other proprietary information;
3. Access, tamper with, or use non-public areas of the Website, our computer systems, or the technical delivery systems of our providers;
4. Attempt to probe, scan, or test the vulnerability of any our system or network or breach any of the security or authentication measures that we use or that are used by us for access to the Website;
5. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Website;
6. Attempt to access or search the Website or download content from the Website through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third-party web browsers;
7. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
8. Use any meta tags or other hidden text or metadata utilizing a Gnome Grown trademark, logo URL or product name without our express written consent;
9. Use the Website for any commercial purpose or the benefit of any third-party or in any manner not permitted by these Terms of Use;
10. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Website to send altered, deceptive, or false source-identifying information;
11. Attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the software, including, without limitation, the source or object code, used by us in providing the Website;
12. Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, malware, crashing, overloading, flooding, spamming, or mail-bombing the Website;
13. Collect or store any personally identifiable information, personal data, personal information, or other sensitive information from the Website or from other users of the Website without their express consent;
14. Impersonate or misrepresent your affiliation with any person or entity; or
15. Encourage or enable any other individual to do any of the foregoing.

We may monitor, in our discretion, access to or use of the Website or review or edit any information on the Website for the purpose of operating the Website, ensuring compliance with these Terms of Use, complying with applicable law or other legal requirements, or for any other purpose in our discretion. We reserve the right, but are not obligated, to remove or disable access to the Website or any portion thereof, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content to be objectionable or in violation of these Terms of Use. We have the right to investigate violations of these Terms of Use or conduct that affects the Website. We may also consult and cooperate with law enforcement authorities to prosecute users who violate applicable law.

5. GOVERNING LAW; ARBITRATION

These Terms of Use, and all interactions between you and us, shall be governed solely and exclusively by the laws of the State of Oregon without regard to conflicts of laws principles. Any dispute, claim, or controversy arising from or in any way relating to these Terms of Use or any interactions between you and us, including but not limited to claims concerning the validity, enforceability, enforcement, interpretation, or arbitrability of these Terms of Use (each, a “Dispute”), shall be referred to and finally determined by final and binding arbitration pursuant to the applicable commercial rules of the American Arbitration Association in effect at the time in accordance with the Federal Arbitration Act. The arbitration shall be confidential and shall be conducted by one independent and impartial arbitrator in Portland, Oregon.  In all cases, the arbitrator should be a lawyer with more than ten (10) years of experience or a retired judge.

All arbitration conducted pursuant to this Agreement shall apply the laws of the State of Oregon. Each party to the arbitration shall pay, in equal portions, all arbitration fees through the final adjudication of any claim. The substantially prevailing party in any such arbitration or permitted court action shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its reasonable attorneys’ fees, expert fees, costs of the action, and costs of the arbitration (including, without limitation, arbitrator and arbitration forum costs and fees). Any action to enter judgment on the award rendered by the arbitrator may be filed in a court of competent jurisdiction in the State of Oregon.

Unless prohibited by applicable law, any and all arbitrations pursuant to these Terms shall occur solely and exclusively on an individual basis. Class arbitrations and class, representative, and/or collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST ONE ANOTHER ONLY ON AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING. Further, unless Gnome Grown agrees 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.

6. INDEMNIFICATION

By using the Website or purchasing any product or service on the Website, you agree to indemnify, defend, and hold harmless Gnome Grown and its employees, agents, contractors, contributors, affiliates, including Gnome Grown Retail, LLC, Gnome Grown, LLC, and Medicated LLC, members, managers, officers, directors, shareholders, attorneys, advisors, parent companies, affiliates, representatives, employees, contractors, or agents (collectively, “Indemnified Parties”) from and against any and all losses, damages, liabilities, deficiencies, claims, allegations, causes of action, actions, judgments, assessments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, whether direct, contingent, or consequential and no matter how arising, whether or not meritorious, incurred by an Indemnified Party or awarded against an Indemnified Parties (collectively, “Losses”), arising out of or resulting from any claim of a third party arising from or relating to any acts or omissions you commit, including but not limited to, your violation of any applicable law, regulation, treaty, rule, or order; your violation of these Terms of Use; your resale of any of our products; or any other act or omission of yours.

7. LIMITATION OF LIABILITY

In no event will Gnome Grown be liable to you or any third party making claims on your behalf or through you (whether based in contract, tort, strict liability or any other legal theory) for any indirect, consequential, incidental, punitive, exemplary, or special damages, or any damages for loss of data, profits, revenue, reputation, business, or goodwill, or business interruption, damages relating to the loss, inaccuracy, corruption, or inaccessibility of data, costs of recovering data, or costs incurred in repairing or replacing computers, software, mobile devices, tablets, or other devices, even if we have been advised of the possibility of such damages.  In no event will Gnome Grown’s aggregate liability to you or to any third party making claims on your behalf or through you exceed all payments paid by you to Gnome Grown during the twelve (12) months preceding the date that you assert any claim against Gnome Grown.

8. MISCELLANEOUS

These Terms of Use constitute the entire agreement between you and us concerning the subject matter of this agreement and supersede any other prior or contemporaneous agreement between you and us with respect to the subject matter hereof, whether written, oral, or implied. We may freely assign our rights under these Terms of Use.  You are not permitted to assign, delegate, or transfer any rights hereunder without our prior, written consent, which we may withhold, delay, or condition in our sole and absolute discretion.  These Terms of Use are binding on and will inure to the benefit of any permitted assign or successor hereunder. If any of the Terms of Use are held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, such provisions shall be severed or limited to the minimum extent necessary for Terms and Use to otherwise remain in full force and effect. A waiver by you or us of any provision of these Terms of Use or any breach thereof, will not constitute a waiver of any other provision of these Terms of Use or any subsequent breach. All provisions of these Terms of Use that would reasonably be expected to survive termination or expiration of these Terms of Use, your access to the Website, or you relationship with us, including, without limitation, Arbitration (Section 5), Indemnification (Section 6), Limitation of Liability (Section 7), Miscellaneous (Section 8), and Cannabis (Marijuana) Disclosure & Agreement (Section 9) shall do so.

9. CANNABIS (INDUSTRIAL HEMP & MARIJUANA) DISCLOSURE & AGREEMENT

Marijuana is a Schedule I controlled substance pursuant to the federal Controlled Substances Act. Possession, distribution, cultivation, and manufacture of marijuana are illegal under federal law, even for medical purposes and even if authorized under state law. The legality of marijuana in the State of Oregon does not change federal law, nor does it provide a defense to prosecution or other penalties under federal law. You represent and warrant that you understand that there exists a conflict between federal and state laws and that there are risks with your purchase or use of marijuana, even if recommended by a physician, and that such risks include but are not limited to arrest and prosecution.

We offer legal industrial hemp products that are grown pursuant to a hemp handler registration with the Oregon Department of Agriculture. We make no guarantee that you will be able to pass a drug test after consuming industrial hemp products identified on the Website.

None of the products listed on the Website have been approved by the Food and Drug Administration (“FDA”).  By using this Website, you acknowledge that you understand that the statements regarding our products have not been evaluated by the FDA; that our products are not intended to diagnose, treat, or cure any disease or ailment; and that results from our products may vary. Always check with a physician before trying any new dietary supplement, medicinal herb, or botanical extract.

You agree not to seek to hold us or any of the persons identified as Indemnified Parties in Section 6 responsible, whether directly or indirectly, for any loss, injury, damages, penalties, fines, or other claims of any kind arising from or relating in any way to criminal, civil, or administrative actions, claims, investigations, or proceedings against or involving you concerning our cannabis goods.

10. REVISIONS OR MODIFICATIONS OF THESE TERMS OF USE

We reserve the right change, add, modify, or remove portions of these Terms of Use at any time, which shall become effective as of the effective date at the top of this page. You are responsible for reviewing these Terms of Use prior to each use of the Website. By continuing to use the Website, you agree to any modifications.

Terms and Conditions of Purchases and Refunds

Effective Date: Aug 3, 2020

These Terms and Conditions of Purchases and Refunds (“Terms”) govern all purchases on the website gnomegrownorganics.com (the “Website”) operated by Gnome Grown Merchandising, LLC and its affiliated companies, including Gnome Grown Retail, LLC, Gnome Grown, LLC, and Medicated LLC (collectively “Gnome Grown”, “we”, “our”, or “us”).

If you have any questions about these Terms, please contact us at:

Gnome Grown Merchandising LLC
Attn: Jordan Stewart

Director of Merchandise, Social Media and Marketing
P.O. Box 93
Oregon City, OR 97045
[email protected]

Privacy Policy Terms of Use: By purchasing any product or service on the Website, you agree to be bound by our Privacy Policy gnomegrownorganics.com/privacy and Terms of Use gnomegrownorganics.com/terms, including, without limitation, those sections of the Terms of Use concerning Governing Law; Arbitration (Section 5), Indemnification (Section 6), Limitation of Liability (Section 7), Miscellaneous (Section 8), and Cannabis (Industrial Hemp & Marijuana) Disclosure & Agreement (Section 9).

I. MERCHANDISE TERMS

PLEASE NOTE that this section does not apply to the sale of marijuana or marijuana products or hemp or hemp products.  We do not offer for sale marijuana or hemp goods on the Website and only arrange for delivery or reservations for in-store pickup.

Product Availability: We may set limits on the number of products that you may purchase on the Website. These limits may be based on factors such as product availability. If we determine after you make a purchase that some or all of the products you have ordered are not available, we will either refund the entire purchase or the portion of the purchase that is no longer in stock.

Payment Methods: We accept the following methods of payment for purchases made through our Website: Visa, Mastercard, Amex, Discover, JCB, Diners Club, Shop Pay, Apple Pay and Google Pay.  All listed purchase prices are in United States dollars and we do not accept foreign currencies.

Order Confirmation: After you make a purchase on the Website, we will present you with a confirmation page and/or send you a confirmation email with an order reference number. It is solely your obligation to confirm that an order was placed. If you believe you have not received a confirmation email or reference number, please contact us immediately.

Shipping Information: We ship products internationally, though we may place limitations on when and where we offer international shipment, including, for example countries that are the subject of U.S. sanctions.

We offer shipping via United States Postal Service. Standard shipping fees apply based on where you reside and you will be presented with shipping costs at the time of checkout. However, your packages may be subject to customs fees or import duties in the country in which we ship your products, and you are solely responsible for any such fees or duties.

After a purchase is completed and a package is prepared for shipping, we will send an electronic notification to the email address provided during checkout with a tracking number.

For any specific shipping requests or questions please send a message to [email protected].

Title and Risk of Loss: The title to and risk of loss for any items you purchase from us pass to you upon our delivery to a carrier.

Fees/Taxes: Products purchased on the Website are subject to all relevant taxes.

Transfers: Our products are intended for use by you and are not intended or permitted for resale to third parties. If you resell our products, you do so at your own risk and agree to indemnify us and our Indemnified Parties for any Losses (as those terms are defined in Section 6 of the Terms of Use) resulting from your unpermitted resale of our products.

Refunds and Exchanges: We offer limited product returns for a period of thirty (30) days after we ship any product to you, with the exception of perishable goods, which may not be returned under any circumstances. To be eligible for returns, your item must be unused, in original packaging, and in the same condition as when it was shipped to you. We do not accept refunds on sale or discounted items. We may exchange an item if it was defective or damaged when you received it.

To request a return or exchange, please email us a return request in writing and provide proof of purchase.  Please do not send a purchased product back to us until we have agreed to accept the return or exchange.  Once we have agreed to accept a return or exchange, please send the product to Gnome Grown Merchandising LLC, 2007 Beavercreek Rd., Oregon City OR 97045, United States.

Once we receive and inspect your return, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund or exchange

If a refund is approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, which may take up to 7–10 business days to process.  If you have not received a refund within the time specified above, please contact your bank or credit card company before contacting us. If an exchange is approved, we may charge an additional shipping and handling fee to send you the replacement item.

We reserve the right to refuse to accept returns that do not strictly qualify under the foregoing criteria.  We also reserve the right to refund only a portion of the purchase price, in our sole discretion, for goods with signs of use, opened goods (even if in their original packaging), or items that are damaged or contain missing parts not due to our acts or omissions.  We may provide a partial refund in our discretion upon receiving a product, even if we indicated by email that we would provide a full refund. We may not provide an exchange if we do not carry a replacement item.

You agree to bear all shipping and handling costs associated with a return or exchange. Certain fees, such as shipping and handling or processing fees, may not be refundable and may be deducted from a refund. If you ship an item over $75, we strongly recommend using a trackable shipping service and/or purchasing shipping insurance. We do not guarantee that we will receive your returned or exchanged item and will not issue a refund or exchange if we do not receive your returned or exchanged item.

Please be aware that, depending on your location and the time of year, shipments to or from us could be delayed.  We make no guarantees or representations as to the time it will take for us or you to receive any item, return, or refund.

II. CANNABIS (INDUSTRIAL HEMP & MARIJUANA) TERMS

All sales of cannabis (industrial hemp and marijuana) goods are final. We may provide limited refunds or exchanges, in our sole discretion, for defective devices or cartridges, provided that you return the goods to our store within thirty (30) days after your purchase and you provide us with your receipt. Please do not mail any cannabis goods to us or to any third party.