TERMS OF SERVICE
FABCBD is a subsidiary of High Tide Inc. Throughout this document, the terms “the Company”, “we”, “us” and “our” refer to High Tide Inc.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (the “Terms of Service”) , including those additional terms and conditions and policies referenced or hyperlinked herein.
If you do not agree to all the Terms of Service, then you may not access the website or make use of the Service.
If you have registered as a Cabana Club member or purchased a Cabana Elite membership from this or any of our affiliated websites, you also agree to the Cabana Club and Cabana Elite Terms and Conditions. To review the Cabana Club and Cabana Elite Terms and Conditions, follow this link. [NTD: This link is to an identical (subject to revisions) set of Terms of Use, including a self-referencing hyperlink. If the intention is to have Cabana Club USA/Elite having a different set of terms and conditions, we will need to address this.]
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website, without further notice to you. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – LICENCE
Subject to your compliance with these Terms of Service, we grant you a limited, non-exclusive, non-assignable, and non-sublicensable license to access our Services for personal, non-commercial use. This license is limited, and specifically excludes: (i) resale or commercial use of any goods or property obtained through the Service (ii) collection or use of product descriptions, listings, or offered prices; (iii) downloading, copying or other use of account information for the benefit of any third party; or (iv) use of any tools for the purpose of data collection (e.g., data mining, scraping, extraction, etc. tools).
SECTION 2 – ONLINE STORE TERMS
This site and the Service are intended exclusively for individuals who are at least the age of majority in the jurisdiction from which the site and Service is accessed.
A breach or violation of any of the Terms of Service will result in an immediate termination of your access to the Service.
SECTION 3 – PRIVACY AND DATA PROTECTION
Your use of our Services is conditional on your acceptance of the terms of our Privacy Policy.
SECTION 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
The site is provided on an “as-is” and “as available” basis, and to the fullest extent permitted under applicable law, we expressly disclaim any implied or statutory warranty, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement.
SECTION 4 – PRICING
Prices on this site and affiliated sites are subject to change without notice.
“Market Price,” where used on this website, is the price at which we offer products for sale to persons who are not Cabana Club or Cabana Elite members, or who make purchases without providing their membership credentials. “Market Price” represents an approximation of the price at which a product (or a comparable product) is available from our competitors. While we strive to maintain the accuracy of the “Market Price”, including through frequent review of our competitors, we cannot guarantee that the “Market Price” will always match the average price of a product on the market. Cabana Club and ELITE members have the benefit of our PRICE MATCH POLICY: if you find a lower price advertised, we will not only match the price but beat it!
SECTION 5 – PRODUCTS OR SERVICES
We do not warrant that any product description, illustration, photograph, or other product information on this site is accurate, reliable, current, or free from error. Products may differ in appearance from their depiction on this site, including because of your specific monitor settings.
Product descriptions, illustrations, photographs, and other product information on this site are subject to change without notice. We may discontinue a product at any time.
This site may offer federally legal industrial hemp products that are produced in accordance with the 2018 United States Farm Bill. Our cannabinoid extracts are compliant with the Colorado State Department of Agriculture and independently verified by third-party labs to contain less than 0.3% ∆9THC. We make no guarantee as to the lawfulness of any product offered on our website or that you will be able to pass a drug test after consuming products available on our website. If you have any questions regarding the legality of industrial hemp in your jurisdiction, please consult your attorney.
Statements regarding legal industrial hemp products offered on this or our affiliate sites have not been evaluated by the Food and Drug Administration. The efficacy of these products has not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure or prevent any disease. These products should not be used if you are pregnant or nursing. No statements on this website are offering medical advice. Please consult a healthcare professional before use of any product on this website.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction.
Any offer for any product or service made on this site is void where prohibited by law.
SECTION 6 – BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel your order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
SECTION 8 – THIRD-PARTY LINKS
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for the content on any third party site, and do not warrant its accuracy or regulatory compliance.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
SECTION 9 – YOUR CONTENT
Information that you submit to us (including, without limitation: contest entries, creative ideas, suggestions, proposals, product or service reviews) (collectively, “Content”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use such Content in any medium. We are and shall be under no obligation to: (i) maintain any comments in confidence; (ii) pay any compensation for Content; or (3) to respond to any Content.
We have the right but not the obligation to monitor, edit, and/or remove any Content posted to our site.
You agree that any Content you submit will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, impersonate another individual, or otherwise mislead us or third parties as to the origin of any Content.
We take no responsibility and assume no liability for any Content posted by you or any third party.
SECTION 10 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 11 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any person; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
SECTION 12 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
In no case shall the Company, its directors, officers, employees, affiliates, subsidiaries, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law.
SECTION 13 – INDEMNIFICATION
You agree to indemnify, defend and hold its directors, officers, employees, affiliates, subsidiaries, agents, contractors, interns, suppliers, service providers and licensors, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 14 – DISPUTE RESOLUTION
Any dispute or claim relating in any way with your use of the Service, or to any product or service sold or distributed through the Service, shall be resolved through binding arbitration, through and under the rules of the American Arbitration Association.
You and the Company waive any right to assert any claims against the other party as a representative or member in any class or representative action, except where such waiver is prohibited by law or deemed by a court of law to be against public policy.
Notwithstanding the foregoing, you understand and agree that we may commence court proceedings to enjoin any infringement of intellectual property rights.
SECTION 15 – SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 16 – ENTIRE AGREEMENT
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 17 – GOVERNING LAW
These Terms of Service, and any separate agreements whereby the Service is provided, shall be governed by and construed in accordance with the laws of the State of Colorado, and the federal laws of the United States of America applicable therein.
SECTION 18 – GOVERNING LANGUAGE
These Terms of Service are written in English, but may be made available in other languages. While we try to ensure that translations are accurate to the original English version, discrepancies may arise.
In the event of any inconsistency between this English language version of these Terms of Service and their translation in another language, this English language version shall prevail.
SECTION 19 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@fabcbd.com
EFFECTIVE: [date]
ADDENDUM TO WEBSITE TERMS OF SERVICE: SNACKS
This Addendum applies specifically to the sale of snacks on this website. By purchasing snacks, you irrevocably agree to the following additional terms, which supplement our main Terms of Service. In the event of a conflict between this Addendum and the main Terms of Service, this Addendum shall prevail in respect of snacks.
Product Information and Disclaimers
1.1 Accuracy of Product Descriptions: We strive to ensure the accuracy of product descriptions, ingredients, and allergen information. However, we do not guarantee that product details are error-free or complete, or that the delivered product will conform to the product description. Customers are responsible for reading the labels on the packaging before consumption.
1.2 Imported Product Notice: Snacks may not adhere to local food standards, labeling practices, or ingredient regulations in your jurisdiction.
1.3 Variations in Taste and Appearance: Due to regional production differences and shipping conditions beyond our control, variations in the taste, texture, or appearance of snacks may occur. We are not responsible or liable for dissatisfaction arising from such variations.
Allergens and Dietary Restrictions
2.1 Allergen Information: While we make every effort to disclose allergen information, cross-contamination may occur during manufacturing or shipping. It is the customer’s responsibility to verify allergens or dietary restrictions before consumption. We are not responsible or liable for allergic reactions or dietary non-compliance.
Limitation of Liability
3.1 Health and Safety Risks: Consumption of snacks is at the consumer’s own risk. We are not liable for any adverse health outcomes, including but not limited to allergic reactions, food sensitivities, or illness arising from consuming our products.
3.2 Indirect Damages: To the fullest extent permitted by law, we are not liable for indirect, incidental, or consequential damages, including but not limited to loss of profits, goodwill, or data, resulting from the purchase or consumption of our products.
3.3 Expiry and Storage: Improper storage of snacks, such as failure to refrigerate when required, voids any claims related to product quality or safety.
3.4 Resale Prohibited: Snacks subject to this Addendum are not intended for resale by the customer, and resale of such snacks by the customer is expressly prohibited.
Shipping, Customs, and Import Duties
4.1 Customs Compliance: Customers are responsible for ensuring that snacks comply with local customs laws and import regulations. We are not liable for products detained, rejected, or destroyed by customs authorities due to non-compliance with local laws.
4.2 Shipping Delays: We are not responsible for delays caused by customs inspections, regulatory reviews, or other shipping disruptions beyond our control. We make no representations or warranties regarding shipping times, and we cannot guarantee that perishable snacks will arrive prior to expiration.
Returns, Refunds, and Perishable Goods
5.1 Due to the nature of perishable goods, we do not accept returns for snacks unless the product is damaged or defective upon you receiving it. Refunds or exchanges are at our sole discretion.
Consumer Rights
6.1 Statutory Rights: Nothing in this Addendum limits your statutory rights under applicable consumer protection laws in the United States, European Union, or United Kingdom.
6.2 Local Laws: You are responsible for ensuring that your purchase, receipt, possession and use of snacks comply with local laws and regulations in your area.
