Effective Date: July 1, 2021
Last Updated: [date]
Click here for – Affiliate Terms of Service
TERMS & CONDITIONS
THESE TERMS OF SERVICE GOVERN YOUR USE OF THIS WEBSITE https://www.esphemp.com (the “WEBSITE” or “website”), WHICH IS PROVIDED BY Bizecs LLC, ITS AGENTS OR AFFILIATES (referred to as “ESP Hemp”, “COMPANY”, “WE”, “US”, or “OUR” below), AND APPLY TO USERS VISING THE WEBSITE BY ACCESS OR USING THE WEBSITE IN ANY WAY, INCLUDING ALL THE RESOURCES AND SERVICES AVAILABLE OR ENABLED THROUGH THE WEBSITE (EACH A “SERVICE”). BY VISITING OR USING THIS WEBSITE, COMPLETING ALL OR PART OF THE WEBSITE’S REGISTRATION FORM, AND/OR BROWSING THE WEBSITE, AND/OR PURCHASING PRODUCTS FROM THE WEBSITE, YOU ARE INDICATING YOUR ACCEPTANCE AND ACKNOWLEDGMENT OF THESE TERMS OF SERVICE. YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF SERVICE, (2) YOU ARE OF LEGAL AGE TO FORM A LEGALLY BINDING CONTRACT WITH US, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF SERVICE PERSONALLY OR ON BEHALF OF COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THE TERMS OF SERVICE. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, IDENTIFIED AS THE USER WHEN YOU’RE REGISTERED ON THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR ITS SERVICES.
IF YOU SUBSCRIBE TO THE SERVICES FOR A TERM (THE “INITIAL TERM”), THE TERMS OF SERVICE WILL AUTOMATICALLY RENEW FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT COMPANY’S THEN-CURRENT FEE FOR SUCH SERVICES UNLESS YOU OPT OUT OF THE AUTO-RENEWAL, WHICH RENEWS YOUR SUBSCRIPTION IN ACCORDANCE WITH SUBSCRIPTION SUBSECTION.
PLEASE BE ADVISED THAT THE DISPUTE RESOLUTION SECTION, AT THE END OF THIS AGREEMENT, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION TO, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH VERY LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
DISPUTES RELATING TO PRODUCT OR SERVICES PURCHASES USING A MASTERCARD OR VISA, MASTERCARD OR VISA TRANSACTIONS OR CHARGES OR FEES ASSOCIATED WITH A MASTERCARD OR VISA TRANSACTION MUST BE RESOLVED IN AN UNDER THE LAWS OF THE UNITED STATES WHERE [FRM-FIELD-VALUE FIELD_ID=FFHLBRANDNAME] IS ALSO LOCATED. ALL OTHER DISPUTES OR CLAIMS RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF [FRM-FIELD-VALUE FIELD_ID=FFHLSTATEENTITYWASFORMED], CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.
Your use of, and/or participation in, Company Services may be subject to additional terms (“Supplemental Terms”) and Supplemental Terms will either be listed in the Terms of Service or will be presented for your acceptance when you sign up to use the supplemental Service. If the Terms of Service are inconsistent with the Supplemental Terms, the Supplemental Terms shall control such Service. The Terms of Service and applicable Supplemental Terms are referred to herein as the “Terms of Service.”
PLEASE NOTE THAT ALL TERMS ARE SUBJECT TO CHANGE BY COMPANY AT ITS SOLE DISCRETION AT ANY TIME. When changes are made, Company will make a new copy of Terms of Service available at the website and new Supplemental Terms will be made available from within, or through, the affected Service on the website. We will also update the “Last Updated” date at the top of Terms of Service. If we make material changes, and you have registered with us to create an Account (as defined in the Registration section) we will send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. Any changes to the Terms will be effective immediately for new users of the website and/or Services and will be effective thirty (30) days after posting notice of such change on the website for existing users, provided that any material change shall be effective for users who have an Account with us by the earlier of thirty (30) days after posting notice of changes on the website or thirty (30) days after dispatch of an e-mail of such changes to Registered Users (defined in the Registration section). We can require you to provide consent to the updated Terms in a specified manner before further use of the website and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you may be required to stop using the website and/or the Services. Otherwise, your continued use of the website and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
Please see our return policy for details about returns and refunds. https://www.esphemp.com/return-policy/
Access To The Website
THIS WEBSITE IS INTENDED FOR USERS TWENTY-ONE (21) YEARS OF AGE OR OLDER. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, DO NOT ACCESS OR USE THIS WEBSITE FOR ANY REASON AND IMMEDIATELY EXIT THIS WEBSITE.
YOU MUST BE OF LEGAL AGE REQUIRED BY THE STATE OR PROVINCE YOU ARE LOCATED IN TO PURCHASE OUR PRODUCTS. IT IS YOUR RESPONSIBILITY TO ALSO KNOW WHETHER YOU ARE LEGALLY ABLE TO PURCHASE OUR PRODUCTS.
To access this website or view some of its resources, you may be asked to provide certain information or registration details. It is a condition of your use of this website that all the information you provide on this website will be current, correct, and complete information. If our Company believes the information you provide is incorrect, incomplete, inaccurate or not current or is fraudulent, such as impersonating someone else, we can refuse you access to this website or its resources, suspend or terminate your access at any time, and delete comments you have posted, all without any prior notice.
Use of the Company Services and Properties.
The Website, the Services, the Content (defined in the License to Use the Website section), and the content and information available on this website and in the Services (as these terms are defined herein) (collectively, the “Company Properties”) are protected by copyright laws. Subject to the Terms of Service, Company may grant you a limited license to reproduce portions of Company Properties for the sole purpose of using Services for your personal or internal business purposes.
Registering Your Account.
In order to access certain features of Company Properties you may be required to become a Registered User. For purposes of the Terms of Service, a “Registered User” is a person or entity who has registered an account on the website (“Account”).
Any passwords used for the Account for this website are for your individual use only. You will be responsible for the security of your password and you agree to accept responsibility for all activities that occur while accessing your account or using your password. At our sole discretion, we have the right to monitor your password and require you to change it. If you use a password deemed insecure or has been placed on a list of hacked or easy to remember passwords, we will require the password to be changed or terminate your Account. You are prohibited from using any facilities provided in connection with this website or services to breach security or tamper with system accounts and/or resources. The use or distribution of tools designed for compromising security (cracking tools, password guessing programs, or network probing tools) is strictly prohibited. If you become involved in a violation of system security, we have the right to release the details to system administrators at other websites to assist them to resolve the security incidents. We reserve the right to investigate all suspected violations of these Terms of Service, and we reserve the right to cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any believed to violate these Terms of Service.
In registering an account on the website, you agree to (1) provide accurate, true, complete and current information about yourself on all parts of the registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, current, accurate, and complete. You represent that you are (1) at least (18) eighteen years of age; (2) of legal age to form a legally binding contract; (3) not a person banned from using Company Properties under the laws of the United States, your place of residence or any applicable jurisdiction. You are responsible for all activities while using your Account. You agree to monitor your Account, restrict use by minors (under 18 years old), and accept full responsibility for unauthorized use of Company Properties by minors. You may not share or share access to your Account or your password with anyone, and you agree to (1) notify Company immediately of any unauthorized use of your password or other breach of security; and (2) log out of your Account at the end of each session. If you provide any information that is false, inaccurate, incomplete or not current, or Company has reasonable grounds to suspect that such information is false, inaccurate, incomplete or not current, Company has the right to terminate or suspend your Account and refuse any or all current or future use of Company Properties (or portion thereof). You agree not to create an Account using a false identity or information, or on behalf of another person or entity. You agree that you shall not have more than one (1) Account. Company reserves the right to reclaim or remove any usernames at any time and for any reason, including but not limited to, claims by a third party that a username(s) violates that third party’s rights. You agree not to create an Account or use Company Properties if you have been previously removed by the Company, or if you’ve been previously banned from use of Company Properties.
Notwithstanding anything to the contrary herein, you agree and acknowledge that you shall have no ownership or other property interest in your Account, you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of the Company.
Payment Terms Fees.
You agree to pay all charges and fees to your Account in accordance with the charges, fees and billing terms in effect at the time a charge or fee is due and payable. You must provide Company with a valid credit card (MasterCard or Visa or any other issuer accepted by us). By providing the Company with your credit card number, bank account number, money transfer service, gift card purchase account or any other information required to checkout using any of the payment options on our Website, and its associated payment information, you agree that the Company, and its third-party service provides for payment services, including but not limited to Square, Stripe, T1 Payments, MESH, Venmo, Paypal, Zelle, Apple Pay, Cash App, Green by Phone, Green eCheck Processing, Maverick, SvenCart, Digistore, Metropolitan Commercial Bank, and Avidia Bank, as the third-party service provider for payment services, are authorized to immediately invoice your Account for all charges and fees due and payable to the Company hereunder and no additional notice or consent is required. You agree to immediately notify the Company of any change in your billing address or the credit card used for payment hereunder. Company reserves the right to at any time change its billing methods and prices, either by e-mail delivery to you or immediately upon posting on Company Properties.
Company’s fees are net of applicable Sales Tax. If any Services, or payments for Services, under the Terms of Service are subject to a Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to our Company, you will be responsible for the payment of such Sales Tax and related interest or penalties to the relevant tax authority, and you will indemnify our Company for any expense or liability we incur in connection with the Sales Taxes. Upon our request, you will provide us with official receipts issued by the taxing authority, or other evidence that you have paid applicable taxes. For purposes of this section, “Sales Tax” shall mean any use or sales tax, and any other tax measured by all proceeds, that Company is permitted to pass to its customers, that is the functional equivalent of a sales tax where the taxing jurisdiction does not otherwise impose a sales or use tax.
You agree to make payments of fees to Company free and clear of, and without reduction for, any and all withholding taxes. Taxes imposed on payments of fees to our Company will be your sole responsibility, and you will provide Company with official receipts issued by the taxing authority, or such evidence as we may request, to establish that the taxes have been paid.
Third Party Provider.
The Company uses third-party companies, herein referred to as “Third Party Providers” or “Third-Party Service Providers” or “Third-Party Payment Processors”, including but not limited to, Square, Stripe, T1 Payments, MESH, Venmo, PayPal, Zelle, Apple Pay, Cash App, Green by Phone, Green eCheck Processing, Maverick, SvenCart, Digistore, Metropolitan Commercial Bank, and Avidia Bank, as the third-party service providers for payment services (e.g., credit card processing, merchant processing, merchant settlement, card acceptance, and related payment services). By buying or selling on the Company Properties, you agree to be bound by each of the Third-Party Service Provider’s Privacy Policies, and hereby consent and authorize the Company and Third-Party Service Provider’s to share any information including payment instructions you provide with Third Party Service Provider(s) to the extent required to complete your transactions.
Charges to your credit card will appear as “ESP Hemp8137207914”
We gladly accept Mastercard AND Visa.
Shipping and Delivery
Our shipping and delivery policy can be found at https://www.esphemp.com/shipping-policy/
License to Use the Website
Subject to your compliance with these Terms of Service, we or our content providers (as applicable) grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the materials and content (collectively, the “Content”) on this Website. This license does not allow you to resell or make any commercial use of the Website, its Contents or our products sold through the Website; make any derivative use of any of our Content; download, copy, or other use any account information for the benefit of any third party; or use any data mining, robots, or similar data gathering and/or extraction tools. All rights not expressly granted to you in these Terms of Service are reserved and retained by us or our licensors, suppliers, publishers, rights-holders, or other content providers. No Content on, or product sold through, this Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior express written consent. You may not misuse our products or Content. You may use our Website only as permitted by law and these Terms of Service. The licenses we have granted you terminate if you do not comply with these Terms of Service.
Restrictions On Use
You may use this website only for the purposes expressly permitted by this website. You may not use this website for any other purpose, including any commercial purpose, without our express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this website, (ii) frame or use framing techniques to enclose any of our or our Content owner’s trademarks, logos, or other proprietary information (including images, text, page layout, or form), (iii) hyperlink to this website, or (iv) use any meta tags or any other “hidden text” using our name or trademarks without the express prior written permission of one of our authorized representatives. For purposes of these Terms of Service, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that associates our product with someone other than us or that such other party has the right to display, publish, or distribute this Website or Content accessible within this website. You agree to cooperate with our Company in causing any unauthorized co-branding, framing or hyperlinking to cease immediately.
No material from this website may be modified, translated, decompiled, disassembled, broadcast, licensed, sublicensed, transferred, sold, mirrored, framed, exploited, rented, leased, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.
The Content accessible from this website, and any other World Wide Web website owned, operated, licensed, or controlled by us is our proprietary information or the proprietary information of the party that provided the Content to us, and we or the party that provided the Content to us retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, displayed or transmitted in any way without our prior written consent, or unless authorized in writing elsewhere on our website, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Service violates our intellectual property rights. You do not obtain title or any rights, including but not limited to intellectual property rights, to any of the Content as a result of accessing this website.
This website may be hyperlinked to other websites which are not maintained by, or related to, us. Hyperlinks to such websites are provided as a service to our users and are not sponsored by or affiliated with this website or with us. We have not reviewed such websites and are not responsible for the Content of those websites. Hyperlinks are to be accessed at your own risk, and we make no representations or warranties about the Content, completeness or accuracy of these hyperlinks or the websites hyperlinked to this website. Further, the inclusion of any hyperlink to a third-party website does not necessarily imply that we endorse that website.
Any statements on this website or any materials or products we distribute or sell have not been evaluated by the Food and Drug Administration (“FDA”). Neither the products nor the ingredients in any of the products available on the website have been approved or endorsed by the FDA or any regulatory agency. The products on the website are not intended to diagnose, treat, cure or prevent any disease. The information on this website or other materials we may provide to you are designed for educational purposes only and are not intended to be a substitute for informed medical advice or care. This information should not be used to diagnose or treat any health problems or illnesses without consulting a doctor. If you are pregnant, nursing, taking medication, or have a medical condition, we suggest consulting with a physician before using any of our products.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this website for the reconstruction of any lost data. We do not assume any responsibility or risk for your use of the Internet. The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices we have provided. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own judgment. Information obtained by using this website is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.
YOUR USE OF THE COMPANY PROPERTIES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OR STATUTORY. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Except for our warranty found on our Website (which is incorporated herein by reference), we make no warranty, express or implied, that the Website, Services or any services, products, or information obtained on or through the website will meet your requirements or will be uninterrupted, timely, secure, or error free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components. We do not warrant or make any representation regarding use, or the result of use, of the Content in terms of accuracy, reliability, or otherwise. The Content may include technical inaccuracies or typographical errors, and we may make changes or improvements at any time. YOU, AND NOT US, ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE OR ITS CONTENT. WE MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT. All of the information in this website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this website, and we do not undertake any obligation to update such information after it is posted or to remove such information from this website if it is not, or is no longer, accurate or complete. This section does not affect in any way our return policy or limited warranty for goods purchased on the website. If for any reason you are not satisfied with a purchase you make on the website, please return it in accordance with the terms of our return policy, as applicable https://www.esphemp.com/return-policy/
We shall be not held liable for any improper or incorrect use of the information, Services, or products purchased on this website and assume no responsibility for anyone’s use of the information, Services, or products purchased on this website. We will not be liable if you or anyone to whom you provide the products purchased on our website is exposed to or comes in contact with any item to which you or the other person is allergic. We shall not be held liable for any direct or indirect damages caused in any way through the use of information or services on this website. This includes but is not limited to procurement or substitute goods or services; loss of use, data, or profits; or business interruption. This disclaimer of liability applies to any damages or injury which may be perceived by you, the website user, to be caused by the information or services on this website, or by using this website.
Limitation of Liability
Disclaimer of Certain Damages.
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL COMPANY PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH COMPANY PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF COMPANY PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE COMPANY PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH COMPANY PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON COMPANY PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO COMPANY PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF US AND OUR COMPANY PARTIES, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE LESSER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.
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.
You will indemnify and hold us and our subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (collectively, the “Indemnified Parties”) harmless from loss, damages, judgments, awards, costs, expenses, attorney’s fees and expert witness fees (collectively, “Losses”) relating to or arising out of: (i) any breach of these Terms of Service by you, including any use of Content other than as expressly authorized in these Terms of Service; (ii) your Submissions to, use of or inability to use, the Company Properties; (iii) your use of the products purchased on the website; or (iv) violation of any applicable laws, rules or regulations. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, attorney’s fees and expert witness fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Website or the purchase of any products. You agree that the provisions in this section will survive any termination of your Account, the Terms of Service or your access to Company Properties.
Ownership; Trademarks and Copyrights
Except with respect to your Submissions and the Submissions of other users, you agree that Company and its suppliers own all rights, title and interest in Company Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or Company Properties.
Trademarks, service marks, logos, graphics, images, HTML, codes, multimedia clips, Java codes, button icons, banners and software appearing in this website are our property or the property of the party that provided the trademarks, service marks, logos or copyrighted material to us. We, and any party that provided any of the foregoing to us, retain all rights with respect to any of our or their respective trademarks, service marks, logos and copyrighted material appearing in this website. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your copyrighted work has been used or displayed on our Website in a way that constitutes copyright infringement, please report the alleged infringements by completing the following steps and by notifying our Designated Agent listed below. Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement should be sent ONLY to our Designated Agent.
The Notification of Claimed Infringement must include the following:
- An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
- Identification of the copyrighted work (or works) that you claim has been infringed;
- A description and identification of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the Website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
- A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material;
- Your contact information, including your name, address, telephone number, and e-mail address;
- A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows:
ATTN : Legal Department
2724 W Dewey St
Tampa, Florida 33607
Information You May Not Post, Publish, etc.
You may not post, send, submit, publish, or transmit in connection with this website any material that:
- you do not have the right to post, including proprietary material of any third party;
- advocates illegal activity or discusses an intent to commit an illegal act;
- is vulgar, obscene, pornographic, or indecent;
- does not pertain directly to this website;
- threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
- seeks to exploit or harm any person by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
- violates any law or may be considered to violate any law;
- impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the Content; advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this website;
- solicits funds, advertisers or sponsors;
- includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
- disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this website;
- includes MP3 format files;
- amounts to a ‘pyramid’ or similar scheme;
- disobeys any policy or regulations established from time to time regarding use of this website or any networks connected to this website; or
- contains hyperlinks to other websites that contain Content that falls within the descriptions set forth above.
Although under no obligation to do so, we reserve the right to monitor use of this website to determine compliance with these Terms of Service, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the Content of your Submissions. You acknowledge and agree that neither we nor any third party that provides Content to us will assume or have any liability for any action or inaction by us or such third party with respect to any Submission.
- United States Law applies to submissions of credit card information during checkout. All disputes regarding credit card submissions must be handled in the United States.
This website is intended for users located in the United States. It is up to you to determine whether accessing this website and purchasing our products are legal where you are. You access this website and purchase our products at your own risk, and you are responsible for compliance with all applicable laws, rules, regulations and treaties.
In the event of any claims, disputes, or other controversies arising out of, or relating to, these Terms of Service, the use of this website or information obtained through this website, or any other claims, disputes, or controversies arising out of or relating to this website, or any other World Wide Web website owned, operated, licensed, or controlled by us (the “Dispute” and together the “Disputes”), you agree to resolve any Dispute by submitting the Dispute in writing to ESP Hemp 2724 W Dewey St Tampa, Florida 33607, for mediation. Any party to the Dispute may commence mediation by providing to all parties involved a written request for mediation, setting forth the subject of the Dispute and the relief requested.
Disputes involving a credit card transaction
The parties will cooperate with a mediation firm chosen by Company in the United States and with one another in selecting a mediator from the mediation firm’s panel of neutrals, and in scheduling the mediation proceedings promptly, not later than thirty (30) days after such request for mediation. The parties agree that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct, and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts, and attorneys, and by the mediator or any mediation firm employees, are confidential, privileged, and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.
If the Dispute is not resolved through mediation, then it shall be submitted to the mediation firm, or its successor, for final and binding arbitration pursuant to the then-current form of their Arbitration Rules & Procedures (the “Rules”) before one arbitrator, selected by the agreement of the parties and, failing such agreement within thirty (30) days of the Dispute being submitted for arbitration, by the mediation firm in accordance with the Rules. All hearings shall be held in the United States. If Mediation Firm ceases to exist and has no successor, then the parties shall submit the Dispute to an established alternative dispute resolution entity in the United States. Any party may initiate arbitration with respect to the Disputes submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or forty-five (45) days after the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties so desire. Unless otherwise agreed by the parties, any arbitration initiated under this clause shall be conducted by a single arbitrator. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case. The provisions of this clause may be enforced by any court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees, and expenses, including attorney fees, to be paid by the party against whom enforcement is ordered.
Disputes not involving a credit card transaction
The parties will cooperate with a mediation firm chosen by Company in the state of Florida and with one another in selecting a mediator from the mediation firm’s panel of neutrals, and in scheduling the mediation proceedings promptly, not later than thirty (30) days after such request for mediation. The parties agree that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct, and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts, and attorneys, and by the mediator or any mediation firm employees, are confidential, privileged, and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.
If the Dispute is not resolved through mediation, then it shall be submitted to the mediation firm, or its successor, for final and binding arbitration pursuant to the then-current form of their Arbitration Rules & Procedures (the “Rules”) before one arbitrator, selected by the agreement of the parties and, failing such agreement within thirty (30) days of the Dispute being submitted for arbitration, by the mediation firm in accordance with the Rules. All hearings shall be held in Florida, USA. If Mediation Firm ceases to exist and has no successor, then the parties shall submit the Dispute to an established alternative dispute resolution entity in Florida. Any party may initiate arbitration with respect to the Disputes submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or forty-five (45) days after the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties so desire. Unless otherwise agreed by the parties, any arbitration initiated under this clause shall be conducted by a single arbitrator. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case. The provisions of this clause may be enforced by any court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees, and expenses, including attorney fees, to be paid by the party against whom enforcement is ordered.
THE REQUIREMENT TO ARBITRATE MEANS YOU ARE WAIVING ANY RIGHT TO A TRIAL BY JURY.
No party to any mediation or arbitration under this clause shall be required to participate in any mediation or arbitration proceeding that involves more than one adverse party. The mediation or arbitration of any Dispute shall not be joined or consolidated with the mediation or arbitration of any other Dispute, even if such other Dispute relates to, arises out of or raises similar factual or legal claims.
The communications between you and Company use electronic means, whether you visit Company Properties or send Company e-mails, or whether Company posts notices on Company Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Company in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
You hereby release Company Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) your use of Company Properties, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Terms of Service or your use of Company Properties; and (ii) any action taken by us during or as a result of our investigations and/or from any actions taken as a consequence of investigations by us or others, including law enforcement authorities. If you are a California resident, you hereby 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. The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Company Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder.
FDA DISCLOSURE: THESE PRODUCTS HAVE NOT BEEN EVALUATED BY THE FDA AND ARE NOT INTENDED TO DIAGNOSE, TREAT OR CURE ANY DISEASE. Product contains a total Delta-9 Tetrahydrocannabinol Concentration that does not exceed 0.3% on a dry-weight basis.
How To Contact Us
If you have questions or concerns about these Terms of Service, the practices of this website, or if you are interested in reprinting any of the Content of this website, please contact us at:
2724 W Dewey St
Tampa, Florida 33607
Toll Free: (813)-720-7914
ESP Hemp Affiliate Program Terms of Service
By signing up to be an Affiliate in the ESP Hemp Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
ESP Hemp reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.
- You must be 18 years or older to be part of this Program.
- You must live in the United States to be an Affiliate.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. ESP Hemp cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account.
- One person or legal entity may not maintain more than one account.
- You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You may not use the Affiliate Program to earn money on your own ESP Hemp product accounts.
Links/graphics on your site, in your emails, or other communications
Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to ESP Hemp. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.
To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the ESP Hemp. You must ensure that each of the links between your site and the ESP Hemp properly utilizes such special link formats. Links to the ESP Hemp placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sales on a ESP Hemp product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
Affiliate links should point to the page of the product being promoted.
Referral fees/commissions and payment
For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to https://www.esphemp.com and complete an order for a product during that session.
We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.
Affiliate Referral Flat Fee Sign Up Commissions
Referrals links for other Affiliate Sign Ups will be automatically tracked and reported by our systems. We will not pay commissions on those sign ups until the new Referred Affiliate reaches $200 in their affiliate income.
Fraudulent or Questionable Sales and Marketing
We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
Payouts only begin once you’ve earned more than $200 in affiliate income. If your affiliate account never crosses the $200 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $200 threshold.
Identifying yourself as a ESP Hemp Affiliate
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of ESP Hemp or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).
You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.
As long as your current affiliate earning are over $200, you’ll be paid each month. If you haven’t earned $200 since your last payment, we’ll pay you the following month after you’ve crossed the threshold.
Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
– The technical operation of your site and all related equipment
– Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
– The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
– Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
– Ensuring that materials posted on your site are not libelous or otherwise illegal
Paid Ads, including but not limited to, Google, Facebook, Instagram and LinkedIn must be approved by ESP Hemp prior to posting.
Advertising Content of any kind:
- Must not give any sort of medical advise or medical claim. FDA Guidelines do not allow claims that Hemp Products can treat complex chronic health conditions, illnesses, or ailments. This includes videos, images, references and testimonials.
- Cannot be targeted towards children. This is prohibited.
- Cannot contain inappropriate language or images.
Content marketed anywhere or to any one must not
Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
Term of the Agreement and Program
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://www.esphemp.com, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. ESP Hemp reserves the right to end the Program at any time. Upon program termination, ESP Hemp will pay any outstanding earnings accrued above $20.
ESP Hemp, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other ESP Hemp service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. ESP Hemp reserves the right to refuse service to anyone for any reason at any time.
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
Limitations of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchant ability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the ESP Hemp will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
The failure of ESP Hemp to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and ESP Hemp and govern your use of the Service, superseding any prior agreements between you and ESP Hemp (including, but not limited to, any prior versions of the Terms of Service).