Last Modified: 12/10/2019
Acceptance of the Terms of Use
These terms of use are entered into by and between you and the company or business you represent (collectively “You”) and The Business Accelerator LLC, an Oklahoma limited liability corporation (“The Business Accelerator, CBD Business Accelerator”, “Company”, “we”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the websites hosted on the internet domains cbdbusinessaccelerator.com, including any content, functionality, and services offered on the website cbdbusinessaccelerator.com (collectively “cbdbusinessaccelerator.com”, or the “Website”), whether as a guest or a registered user.
Please read the Terms of Use carefully before You start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to You, You accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://cbdbusinessaccelerator.com/privacy-policy, and incorporated herein by reference. If You do not agree to these Terms of Use or the Privacy Policy, You do not have our permission to apply to be a registered user or to otherwise use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that You accept and agree to the changes. You are expected to check this page prior to transacting business on the Website so You are aware of any changes, as they are binding on You. Any amendments to these Terms of Use are only effective if agreed to in writing by CBD Business Accelerator.
Eligible Users
This Website is offered and available to commercial entities, specifically commercial sellers and purchasers of hemp derived products (i.e., both sellers and purchasers must hold a valid and current business license in the state of their principal place of business). Access to the Website is subject to verification and approval of CBD Business Accelerator. By using this Website or seeking access to features on the Website, You represent and warrant that You are of legal age to form a binding contract with CBD Business Accelerator and meet all of the foregoing eligibility requirements. You further represent and warrant that the individual person completing the registration process has the legal authority to bind the company or business purported to be seeking registration. If You do not meet all of these requirements, You must not access or use the Website. CBD Business Accelerator may decline registration to the Website or deny access to the Website at its sole discretion.
CBD Business Accelerator Broker Status
cbdbusinessaccelerator.com is NOT a broker service. CBD Business Accelerator connects commercial sellers of hemp and hemp product ingredients with commercial manufacturers interested in buying such materials. CBD Business Accelerator takes a monthly fee of $297 for the right to be able to list unlimited products on the website. No broker fees are taken. All descriptions of goods offered for sale on The Website, their prices, and the quantities available descriptions of goods offered for sale on The Website, their prices, and the quantities available Website by unique identifiers assigned by The CBD Business Accelerator. CBD Business Accelerator does not receive a fee from each purchase made through the Website. All payments are made directly through the buyer and seller, CBD Business Accelerator is a listing service. By using this service and agreeing to these Terms of Use, You acknowledge and agree that all transactions on The Website are made solely between the registered seller and registered buyer.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. Your responsibilities include making all arrangements necessary for You to have access to the Website and ensuring that all persons who access the Website through Your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, You may be asked to provide certain registration details or other information. It is a condition of Your use of the Website that all the information You provide on the Website is correct, current, and complete. You agree that all information You provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy (found at https://cbdbusinessaccelerator.com/privacy-policy ) and You consent to all actions we take with respect to Your information consistent with our Privacy Policy.
If You choose, or are provided with a username, password, or any other piece of information as
part of our security procedures, You must treat such information as confidential, and You must
not disclose it to any other person or entity. You also acknowledge that Your account is
personal to You and agree not to provide any other person with access to this Website or
portions of it using Your user name, password, or other security information. You agree to notify
us immediately of any unauthorized access to or use of Your user name or password or any
other breach of security. You also agree to ensure that You exit from Your account at the end of
each session. You should use particular caution when accessing Your account from a public or
shared computer so that others are not able to view or record Your password or other personal
information. We have the right to disable any user name, password, or other identifier, whether chosen by
You or provided by us, at any time at our sole discretion for any or no reason, including if, in our
opinion, You have violated any provision of these Terms of Use.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all
information, software, text, displays, images, video, and audio, and the design, selection, and
arrangement thereof) other than User Content as defined in this Terms of Use are owned by
CBD Business Accelerator, its licensors, or other providers of such material and are protected by
United States and international copyright, trademark, patent, trade secret, and other intellectual
property or proprietary rights laws.
You must not make copies of any materials on this site other than for the purpose of making
purchases through the site, modify copies of any materials from this site, delete or alter any
copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any
services or materials available through the Website.
If You print, copy, modify, download, or otherwise use or provide any other person with access
to any part of the Website in breach of the Terms of Use, Your right to use the Website will stop
immediately and You must, at our option, return or destroy any copies of the materials You have
made. No right, title, or interest in or to the Website or any content on the Website is transferred
to You, and all rights not expressly granted are reserved by CBD Business Accelerator. Any use
of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use
and may violate copyright, trademark, and other laws.
User Content
The Website may permit users to upload certain content, including but not limited to product
information, pricing, photos, video, images, folders, data (“User Content”). You retain copyright
and any other intellectual property rights You may hold in such User Content. By posting,
publishing, or allowing CBD Business Accelerator to post such user content on the Website, You
grant CBD Business Accelerator and users of the Website a worldwide, nonexclusive license
(with the right to sublicense) to host, store, share, transfer, display, publicly perform, reproduce,
modify for the purpose of formatting for display, and distribute Your User Content, in whole or in
part, in any media formats and through any media channels now known or hereafter developed.
By publishing User Content on The Website, or providing User Content to the CBD Business
Accelerator for the purpose of publishing, You represent and warrant that You are the creator
and owner of the User Content, or have the necessary licenses, rights, consents and/or
permissions to authorize the CBD Business Accelerator and users of The Website to use and
distribute the User Content as necessary to exercise the licenses granted by You in this section.
You further represent and warrant that Your User Content and use of the User Content on the Website, does not and will not infringe or otherwise violate any third-party right, including but not
limited to copyright, trademark, patent, trade secret, moral right, right of publicity, privacy, or any
other intellectual property or other legal right, nor slander, defame, or libel any third party.
Disclaimer of Warranties
THE FOLLOWING SECTION LIMITS AND DISCLAIMS WARRANTIES TO YOU BY THE CBD
BUSINESS ACCELERATOR. THIS SECTION DOES NOT LIMIT OR DISCLAIM ANY WARRANTIES
OF SELLERS OF PRODUCTS THROUGH THE SITE THAT MAY EXIST BY OPERATION OF LAW, OR
ARE OTHERWISE PROVIDED BY SELLERS OF PRODUCTS ON THE WEBSITE.
THE WEBSITE AND ALL MATERIALS, CONTENT AND SERVICES AVAILABLE THROUGH THE
WEBSITE, ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS PER CBD BUSINESS
ACCELERATOR’S ROLE AS CONNECTOR BETWEEN BUYERS AND SELLERS ON THE WEBSITE,
WITHOUT WARRANTY OR CONDITION OF ANY KIND BY THE CBD BUSINESS ACCELERATOR,
EITHER EXPRESS OR IMPLIED. CBD BUSINESS ACCELERATOR DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE WEBSITE AND ALL
MATERIALS AND CONTENT AVAILABLE THROUGH THE WEBSITE, AND ANY PRODUCTS
PURCHASED THROUGH THE WEBSITE, INCLUDING: (A) ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR
NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING,
USAGE, OR TRADE. CBD BUSINESS ACCELERATOR DOES NOT WARRANT THAT THE WEBSITE
OR ANY PORTION OF THE WEBSITE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH
THE WEBSITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER
HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE
CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE
WEBSITE OR CBD BUSINESS ACCELERATOR, OR ANY MATERIALS OR CONTENT AVAILABLE
ON THE WEBSITE, WILL CREATE ANY WARRANTY REGARDING THE CBD BUSINESS
ACCELERATOR. WITH RESPECT TO LIABILITY OF THE CBD BUSINESS ACCELERATOR YOU
ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO
THE WEBSITE OR ITS SERVICES, YOUR DEALING WITH ANY OTHER USER, AND ANY
MATERIALS OR CONTENT AVAILABLE THROUGH THE WEBSITE OR ITS SERVICES. YOU
UNDERSTAND AND AGREE THAT YOU USE THE WEBSITE, AND USE, ACCESS, DOWNLOAD, OR
OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE WEBSITE AND ANY
ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER
SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE WEBSITE, OR THE LOSS OF
DATA THAT RESULTS FROM THE USE OF THE WEBSITE OR THE DOWNLOAD OR USE OF THAT
MATERIAL OR CONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE
OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THE FOREGOING DISCLAIMER OF WARRANTIES DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW
Limitation on Liability
IN NO EVENT WILL CBD BUSINESS ACCELERATOR BE LIABLE TO YOU FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR
LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR
RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE
WEBSITE OR ANY MATERIALS OR CONTENT ON THE WEBSITE, OR ANY PRODUCTS SOLD OR
PURCHASED THROUGH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT
(INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT
CBD BUSINESS ACCELERATOR HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
THE AGGREGATE LIABILITY OF CBD BUSINESS ACCELERATOR TO YOU FOR ALL CLAIMS
ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF
THE WEBSITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR
OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO CBD
BUSINESS ACCELERATOR FOR ACCESS TO AND USE OF THE WEBSITE. IN THE 12 MONTHS
PRIOR TO THE EVENT(S) OR CIRCUMSTANCES GIVING RISE TO CLAIM; OR (B) $1000.00 (U.S.)
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE FOREGOING LIMITATION
MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY,
DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES
ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS
AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE CBD
BUSINESS ACCELERATOR EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT
OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL
APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Indemnification
You agree to defend, indemnify, and hold harmless THE CBD Business Accelerator, its affiliates,
licensors, and service providers, and its and their respective officers, directors, employees,
contractors, agents, licensors, suppliers, successors, and assigns from and against any claims,
liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable
attorneys’ fees) arising out of or relating to Your violation of these Terms of Use, Your use of the
Website, or any products sold or purchased through the Website.
Prohibited Uses and Activities You may use the Website only for lawful purposes and in accordance with these Terms of Use.
You agree not to:
● Use the Website in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries), including but not limited to selling or purchasing products through the Website without having acquired all necessary and unexpired government licenses.
● Make any false or misleading representation to CBD Business Accelerator or users of the Website relating to the description of any product You offer for sale on the Website, the quality of such products, or the quantity of such products available for sale.
● Providing inaccurate information regarding Your identity or the entity that You represent during or after registration.
● Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
● To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm CBD Business Accelerator or users of the Website or expose them to liability.
● Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
● Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
● Use any device, software, or routine that interferes with the proper working of the Website.
● Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
● Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
● Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
● Otherwise attempt to interfere with the proper working of the Website.
Termination of Access
CBD Business Accelerator reserves the right to terminate Your registration and deny You further
access to the Website at its sole discretion. Reasons for termination include, but are not limited
to, violations of the Terms of Use, poor performance (as solely determined by CBD Business
Accelerator) in the performance of any contractual obligations You create through the offer to
sell or buy products on the Website which in our opinion harms the reputation of the Website.
Examples of such poor performance by sellers include but are not limited to: shipping less
product to purchasers than what was ordered, shipping products different than their
descriptions, providing incorrect Certificates of Analysis (as shown by documentation provided to CBD Business Accelerator by buyers), failure to update available quantity information, and
material that decays or develops mold in transit due to fault of the seller. Examples of such poor
performance by buyers include, but are not limited to, failures in making payment for purchases,
negligent and incorrect claims that products received do not conform to the seller’s description
or Certificate of Analysis, and unjustified cancellations of orders submitted through the Website.
The foregoing acts may expose You to liability to other users per the buyer-seller agreement
created upon the buyer’s receipt of an order confirmation as described elsewhere in these
Terms of Service.
Disputes Between Buyers and Sellers
In the case of a dispute between buyer and seller arising within seven (7) days of delivery of
product through the Website, all disputes must be settled offline between the buyer and seller.
CBD Business Accelerator will not mediate in these cases.
Reliance on Information Posted
While CBD Business Accelerator screens users prior to registration and may revoke access to
the Website for violations of these Terms of Use, CBD Business Accelerator does not warrant
the accuracy, completeness, or usefulness of information supplied by Sellers, or other
information published on the Website. Any reliance You place on such information is strictly at
Your own risk.
This Website may include content provided by third parties, including materials provided by
other users, third-party licensors, aggregators, and/or reporting services. All statements and/or
opinions expressed in these materials, and all articles and responses to questions and other
content, other than the content provided by CBD Business Accelerator, are solely the opinions
and the responsibility of the person or entity providing those materials. These materials do not
necessarily reflect the opinion of CBD Business Accelerator. We are not responsible, or liable to
You or any third party, for the content or accuracy of any materials provided by any third parties.
Governing Law and Jurisdiction
In the case of any dispute or claim between You and CBD Business Accelerator in any matter
relating to the Website and these Terms of Use or Privacy Policy shall be governed by and
construed in accordance with the internal laws of the State of Oklahoma without giving effect to
any choice or conflict of law provision or rule (whether of the State of Oklahoma or any other
jurisdiction). You agree that any dispute or claim between You and CBD Business Accelerator
arising from the use of these Terms of Use or the Website, including disputes arising from or
concerning their interpretation, violation, invalidity, non-performance, or termination, to final and
binding arbitration under the Rules of Arbitration of the American Arbitration Association
applying Oklahoma law. The rules of the American Arbitration Association and filing forms are
available at www.adr.org, or by contacting CBD Business Accelerator. The provisions of this
section do not apply to disputes or claims between registered buyers and sellers arising from
the offer for sale, or sale, of products on the Website. YOU ACKNOWLEDGE AND AGREE THAT
BY ENTERING INTO THESE TERMS YOU AND CBD BUSINESS ACCELERATOR ARE AGREEING TO WAIVE THE RIGHT TO A JURY TRIAL OR TO OTHERWISE HAVE A DISPUTE BETWEEN YOU
AND CBD BUSINESS ACCELERATOR DECIDED BY A COURT OF LAW.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE
TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE
CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS
PERMANENTLY BARRED.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily
complete or up-to-date. Any of the material on the Website may be out of date at any given time,
and we are under no duty to update such material.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy (found at
https://cbdbusinessaccelerator.com/privacy-policy ). By using the Website, You consent to all
actions taken by us with respect to Your information in compliance with the Privacy Policy.
Trademarks
The name “CBD Business Accelerator”, the terms [insert any other Trademarks/company names
here], and all related names, logos, product and service names, designs, and slogans are
trademarks of CBD Business Accelerator or its affiliates or licensors. You must not use such
marks without the prior written permission of CBD Business Accelerator. All other names, logos,
product and service names, designs, and slogans on this Website are the trademarks of their
respective owners.
Linking to the Website and Social Media Features
You may link to our homepage, provided You do so in a way that is fair and legal and does not
damage our reputation or take advantage of it, but You must not establish a link in such a way
as to suggest any form of association, approval, or endorsement on our part[ without our
express written consent.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links
are provided for Your convenience only. This includes links contained in advertisements,
including banner advertisements and sponsored links. We have no control over the contents of
those sites or resources, and accept no responsibility for them or for any loss or damage that
may arise from Your use of them. If You decide to access any of the third-party websites linked to this Website, You do so entirely at Your own risk and subject to the terms and conditions of
use for such websites.
Geographic Restrictions
The owners of the Website are based in the states of Oklahoma and California in the United
States. We provide this Website for use only by persons located in the United States. We make
no claims that the Website or any of its content is accessible or appropriate outside of the
United States. Access to the Website may not be legal by certain persons or in certain countries.
If You access the Website from outside the United States, You do so on Your own initiative and
are responsible for compliance with local laws.
Waiver and Severability
No waiver by CBD Business Accelerator of any term or condition set out in these Terms of Use
shall be deemed a further or continuing waiver of such term or condition or a waiver of any other
term or condition, and any failure of CBD Business Accelerator to assert a right or provision
under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent
jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be
eliminated or limited to the minimum extent such that the remaining provisions of the Terms of
Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitutes the sole and entire agreement between
You and CBD Business Accelerator regarding the Website and supersedes all prior and
contemporaneous understandings, agreements, representations, and warranties, both written
and oral, regarding the Website.
Your Comments and Concerns
This website is operated by The Business Accelerator LLC. (ADD ADDRESS HERE STEPHANIE)
All notices of copyright infringement claims should be sent to
info@cbdbusinessaccelerator.com
All other feedback, comments, requests for technical support, and other communications
relating to the Website should be directed to: info@cbdbusinessaccelerator or The Business
Accelerator LLC., (ADD ADDRESS HERE STEPHANIE)