Terms & Conditions
May 24, 2020
InstaCraft connects people with certified hemp products. THE COMPANY DOES NOT SELL MARIJUANA.
The terms and conditions stated herein (collectively, the “Agreement”) constitute a legal agreement between you (referred to sometimes as “user” or “you”) and InstaCraft Inc., its subsidiaries and affiliates (collectively, “InstaCraft” or the “Company”). In order to use the Service (defined below) and the associated Application (defined below) you must agree to the Terms and Conditions that are set out below. By using or receiving any services supplied to you by the Company (collectively, the “Service”), and/or accessing, downloading, installing or using any associated application or website provided by the Company (including without limitation, the InstaCraft website located at instacraftcbd.com) (collectively, the “Application”), you hereby expressly acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future amendments and additions to this Agreement as published from time to time at the INSTACRAFT website or through the Service.
THE SOFTWARE FACILITATES THE PLACEMENT OF ORDERS FOR HEMP AND OTHER PRODUCTS. INSTACRAFT DOES NOT PRACTICE MEDICINE OR PROVIDE MEDICAL ADVICE.
II. Who May Access The Site
As set forth above, you may access and/or use the Site only if you have read, accepted, and agreed in full to each and every Term that is set forth herein or may be added, revised, or otherwise amended by InstaCraft. In addition, the Site may be used only by persons who are at least eighteen (18) years of age. InstaCraft does not seek through this Site to gather personal information from or about persons under the age of 18.
In addition, InstaCraft services shall be available only to Users that reside in a state, including the District of Columbia, that allows individuals like the User to purchase products like those on the InstaCraft website. z`InstaCraft’s services are subject to state laws and regulations and may change from time to time due to changes in such regulatory requirements.
III. Compliance with Applicable Law
A. Federal Law
Upon acceptance of this Agreement, you represent and warrant that you understand the varied legal risks associated with your use of hemp. Should any criminal or civil administrative or legal actions be instituted against you for your use or possession of hemp for medical treatment as recommended by a Licensed Health Care Provider you select through the Site, you will not hold InstaCraft or any of its Licensed Health Care Providers liable for any loss, injury, or claims of any kind resulting from those actions. You are solely responsible for maintaining a full understanding of the laws in the state and locality in which you reside.
SUCH INFORMATION IS PROVIDED ON AN “AS-IS” BASIS AND INSTACRAFT DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. INSTACRAFT DOES NOT VERIFY STATEMENTS MADE BY PARTIES WHICH ARE NOT INSTACRAFT ABOUT THEMSELVES. INSTACRAFT SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY (INCLUDING, WITHOUT LIMITATION, ANY SITE USER) IN RELIANCE ON INFORMATION ABOUT A 3RD PARTY ON THE SITE.
IV. Credit Transactions
As part of the services on the Site, InstaCraft may facilitate your payment of certain fees for products and services for your purchase from time to time through the Site. When you pay by credit card, you hereby authorize InstaCraft to bill and charge the credit card indicated in your order for any fees and any other amounts provided for in your order as the same become due and payable. In the event that your credit card expires or InstaCraft is otherwise unable to debit the applicable amounts from your credit card, InstaCraft shall provide notice to you, whereupon you shall immediately furnish InstaCraft with a valid credit card for payment. Your request for services through the Site will not be fulfilled until full payment has been received and/or verified.
V. Limited License and Site Access; Intellectual Property Rights; All Rights Reserved
The Site contains text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively, “Content”). InstaCraft grants you a limited, non-exclusive, non-transferrable license to access and make personal use of the Site, but not to download (other than for page caching) or modify it, or any portion of it, except with InstaCraft’s express written consent. This license does not include: any resale or commercial use of the Site or the Content; any derivative use of the Site or the Content; or any use of data mining, robots, or similar data gathering and extraction tools.
Neither this Site nor any portion of the Site may be reproduced, duplicated, copied, sold, reverse-engineered, resold, visited, or otherwise exploited for any commercial purpose without InstaCraft’s express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or proprietary information (including images, text, page layout, or form) of InstaCraft without InstaCraft’s express written consent. You may not use any meta-tags or any other “hidden text” containing InstaCraft’s trademarks or service marks without InstaCraft’s express written consent.
Except as otherwise expressly stated, all Content appearing on the Site is the copyrighted work of InstaCraft or its third-party content providers and is protected by U.S. and international copyright laws. The compilation (meaning the selection, coordination, and arrangement) of the Site is also the exclusive property of InstaCraft and is protected by U.S. and international copyright laws.
Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from the Site, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of InstaCraft or any applicable third-party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by InstaCraft. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes.
Certain trademarks on the Site are the service marks and trademarks of InstaCraft or its licensees. The domain name for the Site, the InstaCraft logo and elements of the design of the Site are service marks, trademarks, logos, and/or trade dress of InstaCraft. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Site are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from the Site without the prior written authorization of InstaCraft.
Permission for all other uses of Content, service marks, trademarks, logos, trade dress or other intellectual property contained herein, including reproducing and distributing multiple copies or using Content, service marks, trademarks, logos, trade dress or other intellectual property on any other website or networked computer or linking to any page at the Site, must be obtained from InstaCraft or the appropriate rights owner in advance; otherwise, such use is prohibited. Requests for such authorization from InstaCraft should be submitted via email to firstname.lastname@example.org. All design rights, databases and compilation and other intellectual property rights associated with the Site, in each case whether registered or unregistered, and related goodwill, are proprietary to InstaCraft.
InstaCraft (or the respective third-party owners of Content) retains all right, title, and interest in the Site and any Content and features offered on the Site, including any and all intellectual property rights. InstaCraft (or the respective third-party owners of Content) reserves all rights not expressly granted herein. Any unauthorized use terminates the foregoing licenses and permissions.
VI. DMCA Policy
InstaCraft respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously. InstaCraft asks our users to do the same.
InstaCraft employs measures to prevent copyright and other intellectual property infringement on the Site. Pursuant to Title 17, United States Code, Section 512(c)(2), if you believe that your work has been copied in a way that constitutes copyright or other intellectual property infringement, please email a written notification of the claimed copyright or other intellectual property infringement to email@example.com.
Under Title 17, United States Code, Section 512(c)(3)(A), to be effective the notification must include substantially all of the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
- Identification of the copyrighted work or other intellectual property that you claim has been infringed, or if multiple copyrighted works or other intellectual property on the Site are covered by the notice, a representative list of such works;
- Identification of the material that you claim is 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 InstaCraft to locate the material;
- Information reasonably sufficient to permit InstaCraft to contact you, such as your name, address, telephone number, and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
- A statement by you that the notification is accurate, and under penalty of perjury, that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner’s behalf. Do not send any inquiries unrelated to copyright or other intellectual property infringements to the contact listed above.
Ownership of Information Submitted via the Site
Such information may be used for any purpose, including, without limitation, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. InstaCraft shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to InstaCraft via the Site or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.
You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use the Site. InstaCraft reserves the right to change the access configuration of the Site at any time without prior notice.
Any use or attempted use of the Site (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party’s use and enjoyment of the Site, (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data, or information not intended by InstaCraft to be made accessible to a user, (vi) to obtain any materials, or information through any means not intentionally made available by InstaCraft, (vii) to reverse engineer, disassemble or decompile any section or technology on the Site, or (viii) any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Site, you agree you will not: (a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity; (b) create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any InstaCraft representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware or any other similar software or programs that may damage the operation of another’s computer or property of another; (e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (f) use the Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); (g) upload or transmit any unsolicited advertising including but not limited to advertising the personal sale, cultivation, manufacture, or distribution of products for medical or commercial use by you or by or for other individuals, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of solicitation, commercial or otherwise; (h) violate any applicable local, state, national or international law; (i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; (j) delete or revise any material posted by any other person or entity; (k) manipulate or otherwise display the Site by using framing, mirroring or similar navigational technology; (l) probe, scan, test the vulnerability of or breach the authentication measures of, the Site or any related networks or systems; (m) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so; (n) harvest or otherwise collect information about others, including email addresses; (o) use any robot, spider, scraper, or other automated or manual means to access the Site, or copy any content or information on the Site; or (p) assist or permit any person in engaging in any of these activities.
InstaCraft reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a user’s access and/or account and assistance of law enforcement where necessary or when required. InstaCraft may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
Right, But No Duty, To Monitor
To the extent that any of the Content included in the Site is provided by third-party content providers, Licensed Health Care Providers, or other Site users, InstaCraft has no editorial responsibility over such Content. Therefore, any opinions, statements, products, services or other information expressed or made available by professionals, third-party suppliers or users on the Site are those of such professional, third-party suppliers or users, respectively. InstaCraft does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on the Site or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with InstaCraft.
Your interactions with entities or individuals found on or through the Site, including payment and conveying of services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such entities or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and disclosing personal information.
You agree that InstaCraft shall not be responsible or liable for any loss or damage or resulting civil or criminal legal or administrative action(s) of any sort incurred as the result of any such dealings. If there is a dispute between participants on the Site, or between users and any third party, you understand and agree that InstaCraft is under no obligation to become involved. In the event that you have a dispute with one or more other users or service providers on the Site, you hereby release InstaCraft, its officers, employees, agents and successors in interest from claims, demand and damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Site or the features and services therein. If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Content and other information contained on the Site is provided by InstaCraft as a convenience to its Users. Users relying on Content or other information from the Site do so at their own risk.
THE INSTACRAFT SITE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. INSTACRAFT TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE. INSTACRAFT MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
Refunds are always solely in the discretion of the Company based on an assessment of the total situation of the customer. Any fees that the Company charges a customer is assumed by the customer to be non-refundable.
Before customer does a credit card chargeback or disputes a payment with their credit card, customer agrees in this Terms of Service to first exhaust all reasonable means of seeking a solution to their problem from the Company, and if that fails, then to:
- Request a refund from the company by emailing firstname.lastname@example.org.
- Wait 1 week after the email date for a reply.
This refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Application or Service either planned, accidental, or intentional. The Company reserves the right to determine final prevailing pricing. Please note the pricing information published on the website may not reflect the prevailing pricing.
Limitation of Liability
IN NO EVENT SHALL INSTACRAFT BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, CRIMINAL CHARGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT INSTACRAFT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF INSTACRAFT IS HELD LIABLE BY A COURT OF LAW FOR ANY DAMAGES, INSTACRAFT SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000.
NEITHER INSTACRAFT NOR ANY THIRD PARTIES MENTIONED ON THE SITE ARE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR CRIMINAL ACTION AGAINST YOU CAUSED BY YOUR USE OR MISUSE OF THE SITE. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITE. THE POSSESSION AND USE OF CANNABIS, INCLUDING FOR MEDICAL USE, REMAIN FEDERAL CRIMES AND NEITHER INSTACRAFT NOR ANY OF ITS CONTRACTORS OR EMPLOYEES ARE LIABLE FOR ANY CRIMINAL ARREST OR PROSECUTION YOU MAY EXPERIENCE AS A RESULT OF YOUR POSSESSION, USE, CULTIVATION, MANUFACTURE, OR DISTRIBUTION OF CANNABIS OR HEMP.
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.
Notices and Electronic Communications
Those who choose to access the Site do so on their own initiative and are responsible for compliance with their local, state, and national laws. Access to the Site from jurisdictions where the Content and purpose of the Site is illegal or penalized is strictly prohibited.
As of this writing, we did not ship hemp products to these states: Idaho, Iowa, Nebraska, Louisiana. We also had restrictions that prevent orders of certain of our products (such as the vapes or the capsules) from these states: Louisiana, North Carolina, Indiana, Kansas, Kentucky, Massachusetts, South Carolina, Massachusetts, and Hawaii.
You affirm that you have a primary care doctor, that you have consulted them about hemp extract, CBD, and InstaCraft’s products prior to your order from InstaCraft, and that you will continue to consult them in the future about your use of hemp products. You further affirm that your primary care doctor has not said you are unsuitable for hemp products.
- Friend Referral code cannot be used by people who share the same delivery address because this promotion is meant for sharing with the world, not within a household.
- To be eligible for a gift card on their birthday, customer must have spent $1000 in InstaCraftCBD.com in the prior 12 months. All gift cards, free products, discounts, rewards, and redemptions by InstaCraft are entirely voluntary by InstaCraft and can be revoked at any time by InstaCraft in its sole discretion.
- For each product that is redeemed in an order, person must have $45 of other spending in that order. So 2 products redeemed for free in one order require $90 of other products purchased in that order.
- The estimate that 100 reward points are worth approximately $7.00 of retail product in InstaCraft’s store is based on normal prices (not on-sale prices) of InstaCraft’s 900mg CBD capsules (normal retail price of $80-100), as of launching this program on 6/6/20, and may not be up-to-date at time of User’s access.
- InstaCraft can change or revoke points in its sole discretion if it believes the user is attempting fraud or to use the system in a way different from what InstaCraft intended.
Dispute Resolution, Governing Law, and Arbitration Agreement
TIME TO PRESENT CLAIMS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or Application or to this Agreement must be filed within one (1) year after such claim or cause of action accrued or shall be forever barred.
ALL DISPUTES, OTHER THAN SMALL CLAIMS ACTIONS, SHALL BE SUBMITTED FOR BINDING ARBITRATION
You and Company agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service or Application (collectively, “Disputes”) shall be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. All legal proceedings shall be venued in San Juan, Puerto Rico.
You acknowledge and agree that you and Company are each waiving the right to a trial by jury or to participate as a plaintiff or class User in any purported class action or representative proceeding. Further, unless both you and Company otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Puerto Rico and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and Company otherwise agree, the arbitration will be conducted in the San Juan, Puerto Rico. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Company submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Right to Counsel. You have the right to be represented by counsel of your choice. However, you agree that in all events you, not InstaCraft, shall be responsible for all of your counsel’s fees.
Changes. Notwithstanding the provisions of the modification-related provisions above, if Company changes this “Dispute Resolution” section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending us a notice to email@example.com with “Legal” in the subject line within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Company’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Company in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
No Agency Relationship