Terms & Conditions
Terms / Conditions / Privacy
Please carefully read these terms and conditions with any amendments before placing an order or utilizing this website. This website is owned and operated by HEMPSTEAD GOLD EXTRACTSTM AND ITS AFFILIATES (COLLECTIVELY “HEMPSTEAD GOLD EXTRACTSTM“, “US”, “WE” or “OUR”). The terms and conditions may affect your legal rights, including your right to bring a lawsuit or class action. By using this website or any website belonging to HEMPSTEAD GOLD EXTRACTSTM and/or by placing an order for HEMPSTEAD GOLD EXTRACTSTM products, you agree to be bound and abide by these terms and conditions and any amendments thereto, and agree that you are at least 18 years of age to be eligible to use this site and place an order for HEMPSTEAD GOLD EXTRACTSTM products. If you are not 18 years of age, you are required to involve your parent or guardian to use this site and/or purchase and use HEMPSTEAD GOLD EXTRACTSTM products.
If you do not agree to the terms and conditions, please do not use the site, order or use HEMPSTEAD GOLD EXTRACTSTM products.
We may update or amend these Terms and Conditions to comply with law or to meet our changing business requirements without notice to you. Your continued use of the Sites and/or other products or services of HEMPSTEAD GOLD EXTRACTSTM after any such changes constitutes your acceptance of the new Terms and Conditions. Any updates or amendments will be posted on the Sites. The Terms and Conditions displayed on the Sites at the time the order is accepted will apply to the order. These Terms and Conditions govern and apply to your access to and use of the Sites and their related domains on which these Terms and Conditions appear, any order you place through any of the Sites, and to all products and services we supply, produce, distribute, or market
Unused/Unopened product can be return at customer’s expense, with an RMA number issued from customer service by calling 1-833-781-7400. Refund will be issued only after fulfillment center has inspected the returned product. No refunds on damaged or opened products. All unopened returns are subject to the 30 Day Money Back Guarantee, any product returned after the 30 Day Money Back Guarantee will not receive a refund. In addition, no restocking fees, because we will not ever re stock an item once it has left our facility.
Prices and/or Packages are subject to change at any time without prior notice.
HEMPSTEAD GOLD EXTRACTSTM is not responsible delays in shipping, due to inclement weather, holidays, or world disaster. Please refer to Shipping Policy for complete information.
You must only use the Sites for lawful purposes, and in no way that infringes the rights of anyone else or that may restrict or inhibit anyone else’s proper use of the Sites.
You may not Use, copy, reproduce, modify, distribute or re-post any content on the Sites for any purpose whatsoever.
In using the Sites, you further agree:
not to disrupt or interfere with any other user’s enjoyment of the Sites or any affiliated or linked Web sites; not to disrupt, abuse or interfere with the security of the Sites, or any services, system resources, accounts, servers, or networks connected to or accessible through the Sites or any affiliated or linked sites;
not to upload, post, or in any way transmit any viruses or other harmful, disruptive, or destructive files through or on the Sites;
not to use, frame, or utilize framing techniques to enclose any HEMPSTEAD GOLD EXTRACTSTM submitted trademarks, logo, or other proprietary information (such as the images found on the Sites, any text content, page layouts/designs or forms contained on any page) without HEMPSTEAD GOLD EXTRACTSTM express written consent; not to use meta tags or any other “hidden text” utilizing a HEMPSTEAD GOLD EXTRACTSTM name, submitted trademarks, or product name without HEMPSTEAD GOLD EXTRACTSTM express written consent; not to create any deep links to this Site without HEMPSTEAD GOLD EXTRACTSTM express written consent; not to create or use a false identity on the Sites, share your account information, or allow any person besides yourself to use your account to access the Sites; not to collect or store personal data about others;
not to attempt to obtain unauthorized access to the Sites or portions of the Sites that are restricted from general access; not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violate of any law. You also agree not to post any copyrighted material unless the copyright is owned by you or by HEMPSTEAD GOLD EXTRACTSTM; and to be bound by the Product Submission Policies of HEMPSTEAD GOLD EXTRACTSTM, including that any product submission you may make to HEMPSTEAD GOLD EXTRACTSTM will not be held in confidence by HEMPSTEAD GOLD EXTRACTSTM, and is not proprietary, that HEMPSTEAD GOLD EXTRACTSTM may use the product submission and any aspect thereof for any purposes in HEMPSTEAD GOLD EXTRACTSTM sole discretion, and that HEMPSTEAD GOLD EXTRACTSTM owes no duties or obligations with respect to you or the product submission made. In addition, you agree that you will comply with all applicable local, national, and international laws and regulations that relate to your use of or activities on the Sites. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Sites. We have the right to remove any material or posting you make on the Sites if, in our opinion, such material does not comply with the content standards set out in these Terms and Conditions. The views and opinions of authors, trainers, experts and any other contributors expressed herein do not necessarily state or reflect the attitudes and opinions of HEMPSTEAD GOLD EXTRACTSTM. These views and opinions shall not be attributed to or otherwise endorsed by HEMPSTEAD GOLD EXTRACTSTM, and may not be used for advertising or product endorsement purposes without the express, written consent of HEMPSTEAD GOLD EXTRACTSTM.
In the event that you upload any photographs, comments, or other media to the Sites (the “Uploaded Content”), HEMPSTEAD GOLD EXTRACTSTM has exclusive right to use any and all elements of the Uploaded Content in connection with its business, including in any advertising in any and all media, including, without limitation, product packaging, printed publications, presentations, promotional materials, events and associated marketing materials, television and cinema commercials, videos, or Web sites, in perpetuity throughout the world as HEMPSTEAD GOLD EXTRACTSTM in its sole discretion sees fit without further consent or payment. HEMPSTEAD GOLD EXTRACTSTM has all right, title, and interest in any and all results and proceeds from such use of the Uploaded Content. HEMPSTEAD GOLD EXTRACTSTM has the right to transfer the aforementioned rights to use the Uploaded Content to any third party, including, but not limited to, any of its subsidiaries or affiliated companies. HEMPSTEAD GOLD EXTRACTSTM may alter, adapt, or edit the Uploaded Content and any further material created under these Terms and Conditions, and market and exploit it entirely at HEMPSTEAD GOLD EXTRACTSTM sole discretion. HEMPSTEAD GOLD EXTRACTSTM is not obliged to make any use of the Uploaded Content or exercise any of the rights granted by these Terms and Conditions.
Users of the Sites must only post Uploaded Content that is owned by, and features, themselves, and no other third parties.
Changes to the Sites
HEMPSTEAD GOLD EXTRACTSTM may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Sites or any products available through or outside of the Sites, temporarily or permanently, at any time without notice to you, and shall not be liable therefor.
HEMPSTEAD GOLD EXTRACTSTM makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlink from the Sites, or sites linking to these Sites.
Certain content, products and services available via the HEMPSTEAD GOLD EXTRACTSTM site may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with HEMPSTEAD GOLD EXTRACTSTM. HEMPSTEAD GOLD EXTRACTSTM is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third- parties.
Copyright and Submitted Trademarks
All the Sites’ materials, including, without limitation, HEMPSTEAD GOLD EXTRACTSTM and all HEMPSTEAD GOLD EXTRACTSTM product logos, design, text, graphics, software, other files, and the selection and arrangement thereof (the “Content”) are Copyright © 2019, HEMPSTEAD GOLD EXTRACTSTM. ALL RIGHTS RESERVED. Unless expressly stated otherwise, HEMPSTEAD GOLD EXTRACTSTM or its suppliers or licensors own and retain other proprietary rights in all products available through the Sites. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of HEMPSTEAD GOLD EXTRACTSTM or the respective copyright owner. You may not, without the express written permission of HEMPSTEAD GOLD EXTRACTSTM or the respective copyright owner, (a) copy, publish, or post any materials on any computer network or broadcast or publications media; (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (a) sell, resell, or make commercial use of the Sites, its content, or services or products obtained through the Sites; (b) collect and use of any product listings or descriptions; (c) make derivative uses of the Sites or its Content; or (d) use of any data mining, robots, or similar data gathering and extraction methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, submitted trademarks, copyright, or other proprietary right of HEMPSTEAD GOLD EXTRACTSTM or any third party.
Submitted Trademarks: Together with other logos and product names described on the Sites, the following is a submitted trademarks or registered trademarks of HEMPSTEAD GOLD EXTRACTSTM, in the United States and other countries: HEMPSTEAD GOLD EXTRACTSTM. Submitted trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of HEMPSTEAD GOLD EXTRACTSTM or the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, submitted trademarks, and/or trade dress of HEMPSTEAD GOLD EXTRACTSTM, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of HEMPSTEAD GOLD EXTRACTSTM. Other names and brands may be claimed as the property of others.
Copyright Policy and Copyright Agent
It is HEMPSTEAD GOLD EXTRACTSTM policy to respect the copyright and intellectual property rights of others. HEMPSTEAD GOLD EXTRACTSTM may remove content that appears to infringe the copyright or other intellectual property rights, including moral rights, of others. In addition, HEMPSTEAD GOLD EXTRACTSTM may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, HEMPSTEAD GOLD EXTRACTSTM complies with the Digital Millennium Copyright Act. If you believe that HEMPSTEAD GOLD EXTRACTSTM or any user of our Sites has infringed your copyright in any material way, please notify HEMPSTEAD GOLD EXTRACTSTM, and provide the following:
an identification of the intellectual property right claimed to have been infringed;
an identification of the material that you claim is infringing so that we may locate it on the Sites; your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the owner, their licensee, and agent of either of the foregoing, or the law; and a statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the intellectual property interest involved.
Please direct inquiries regarding intellectual property infringement issues by email to INFO@HEMPSTEADGOLDEXTRACTS.COM, or by mail to:
HEMPSTEAD GOLD EXTRACTSTM 61 VISTA HILL ROAD GREAT NECK, NY 11021
You agree to indemnify and hold harmless HEMPSTEAD GOLD EXTRACTSTM, its subsidiaries, shareholders, officers, employees, and suppliers from any claim, loss, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your use of the Site, your violation of these Terms and Conditions, or your violation of any rights of a third party.
Product and Service Descriptions
We have taken all reasonable precautions to ensure that all product descriptions, prices and other information shown on the Sites are correct and accurately described. However, when ordering products or services through the Sites, please note that:
all prices are displayed in United States Dollars unless expressly indicated otherwise; packaging may vary from that shown on the Sites;
any weights and dimensions shown on the Sites are approximate only; all items are subject to availability and we will inform you as soon as reasonably possible if the product(s) or service(s) you have ordered is not available and whether we may offer you an alternative product(s) of equal or higher quality and value.
Please also note that the terms of any products offered by HEMPSTEAD GOLD EXTRACTSTM, such as pricing, specifications, delivery times, and/or package contents are subject to change by HEMPSTEAD GOLD EXTRACTSTM by posting notice of the change on our Sites and/or sending you an email to the address you provided at purchase. HEMPSTEAD GOLD EXTRACTSTM will not incur any obligation as a result of such change. You are always free to cancel future orders at any time by calling our Customer Service Department. Continuing to accept products after we have notified you of a change to any terms, will be indication that you have accepted the change.
Order and Payment Information
If you use the Sites or other means to purchase a product, payment must be received by HEMPSTEAD GOLD EXTRACTSTM prior to HEMPSTEAD GOLD EXTRACTSTM accepting and shipping an order. All HEMPSTEAD GOLD EXTRACTSTM products are subject to sales tax which will be applied to your order total. HEMPSTEAD GOLD EXTRACTSTM may need to verify information you provide before HEMPSTEAD GOLD EXTRACTSTM accepts an order and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is cancelled or limited, HEMPSTEAD GOLD EXTRACTSTM will refund any payment you made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. HEMPSTEAD GOLD EXTRACTSTM expressly conditions its acceptance of your order on your agreement to these Terms and Conditions.
When ordering products through the Sites or otherwise, you agree to provide only accurate and current information. You agree to provide only email accounts to HEMPSTEAD GOLD EXTRACTSTM that are registered to you. HEMPSTEAD GOLD EXTRACTSTM shall have the right to restrict your access to use the Sites and its products or services if we believe that you have provided untrue, inaccurate, not current, or incomplete information to HEMPSTEAD GOLD EXTRACTSTM, or for any other reason it deems appropriate. You agree that if you are ordering or purchasing products on behalf of a company, that you have the necessary authority to bind that company to the Terms and Conditions.
As part of your purchase you may be enrolled in our auto-delivery program, which allows you to cancel, reschedule or customize future shipments at any time with no minimum purchase required. Price and offer details for your selection are in the order summary on the checkout page, and a reminder email will be sent to you prior to any charge.
HEMPSTEAD GOLD EXTRACTSTM may not directly sell certain HEMPSTEAD GOLD EXTRACTSTM products outside of the United States if such products are not approved for sale in other jurisdictions. HEMPSTEAD GOLD EXTRACTSTM reserves the right to reject orders where the stated delivery address is outside the United States. If stated, HEMPSTEAD GOLD EXTRACTSTM will add applicable shipping and handling fees.
Unless otherwise noted, HEMPSTEAD GOLD EXTRACTSTM will ship products within a reasonable time after receipt of your completed order. Although HEMPSTEAD GOLD EXTRACTSTM may provide delivery or shipment timeframes or dates, those are HEMPSTEAD GOLD EXTRACTSTM good-faith estimates and may be subject to change. Product availability may be limited, and particular products may not be available for immediate delivery, and in such cases the products will be delivered as soon as they become available.
The delivery time for shipments within and outside the United States, may take up to 7-21 days, HEMPSTEAD GOLD EXTRACTSTM does not ship to P.O. Boxes. Shipping fees are non-refundable.
1) Email us at firstname.lastname@example.org to let us know that you will be returning your UNOPENED product within the 7-day time limit and to request our Return Shipping Address. Typically, all emails pertaining to returns are replied to within 24 - 48 hours.
2) Once you have shipped your product back to us – please also email the tracking number to email@example.com so we can keep a look out for your returned product.
3) Once we receive your package back at our facility and can confirm its condition, we will then issue a refund for the unopened product and email you a confirmation. Please allow 7-10 days for the refund to post to your statement.
*If you have any questions regarding our return policy please email firstname.lastname@example.org and someone will get right back to you with assistance.
**By making a purchase you are demonstrating a clear understanding that we are selling these products as containing CBD (cannabidiol) from hemp oil. These statements have not been evaluated by the FDA and are not intended to diagnose, treat or cure any disease, always check with your physician before starting a new dietary supplement program. We are committed to complete compliance with FDA regulations and as such, because these products have not been evaluated by the FDA, we make no claims as to any benefits for products containing CBD (cannabidiol). If you decide to purchase our products, you are purchasing these products with the understanding the present status of CBD (cannabidiol) products. **
Certain warranties with respect to particular products for sale on the site may be applicable through manufacturers’ warranties, though not through HEMPSTEAD GOLD EXTRACTSTM.
Disclaimer of Warranties
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall HEMPSTEAD GOLD EXTRACTSTM, our directors, officers, employees, affiliates, 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 law.
The terms of this section survive any termination of the Terms and Conditions.
The Sites are controlled, operated, and administered by HEMPSTEAD GOLD EXTRACTSTM from its offices within the United States of America. HEMPSTEAD GOLD EXTRACTSTM makes no representation that materials on the Sites are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products available through the Sites are illegal is prohibited. You may not use the Sites or export the content or products in violation of U.S. export laws and regulations. If you access the Sites from a location outside of the United States, you are responsible for compliance with all local laws.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
This Agreement is for the sole benefit of Only you and HEMPSTEAD GOLD EXTRACTSTM and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.
If any part of this Agreement is held to be unenforceable in a court of law, such provision will be severed, and the remainder of this Agreement will remain in full force and effect.
The terms of this section survive any termination of the Terms and Conditions.
The terms of this Section shall apply to all Disputes between you and HEMPSTEAD GOLD EXTRACTSTM. For the purposes of this Section, “Dispute” shall mean any dispute, claim, or action between you and HEMPSTEAD GOLD EXTRACTSTM arising under or relating to the Products, the Sites, this Agreement, or any other transaction involving you and HEMPSTEAD GOLD EXTRACTSTM, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. You and HEMPSTEAD GOLD EXTRACTSTM agree that “dispute” as defined in this agreement shall not include any claim or cause of action by you or HEMPSTEAD GOLD EXTRACTSTM for (A) trade secret misappropriation, (B) patent infringement, (C) copyright infringement or misuse, and (D) submitted trademarks infringement or dilution. Moreover, notwithstanding anything else in this Agreement, you agree that a court, not the arbitrator, may decide if a claim falls within one of these four exceptions.
You and HEMPSTEAD GOLD EXTRACTSTM further agree: (a) to arbitrate all Disputes between the parties pursuant to the provisions in this Agreement; (b) this Agreement memorializes a transaction in interstate commerce; (c) the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this Section; and (d) this Section shall survive termination of this Agreement. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may award you the same damages as a court sitting in proper jurisdiction could, and may, award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties. Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court’s jurisdiction and is pending only in that court.
In the event of a Dispute, you or HEMPSTEAD GOLD EXTRACTSTM must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to HEMPSTEAD GOLD EXTRACTSTM must be addressed to: HEMPSTEAD GOLD EXTRACTSTM, 61 Vista Hill Road, Great Neck, NY 11021 (the “HEMPSTEAD GOLD EXTRACTSTM Notice Address”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you. If HEMPSTEAD GOLD EXTRACTSTM and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or HEMPSTEAD GOLD EXTRACTSTM may commence an arbitration proceeding pursuant to this Section. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.
Waiver of Class Actions and Class Arbitrations
You and HEMPSTEAD GOLD EXTRACTSTM agree that each party may bring disputes against the other party only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, including without limitation federal or state class actions, or class arbitrations, accordingly, under the arbitration procedures outlined in this section, an arbitrator shall not combine or consolidate more than one party’s claims without the written consent of all affected parties to an arbitration proceeding.
If a party elects to commence arbitration, the arbitration shall be governed by the rules of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”), available at https://www.jamsadr.com or by calling 1-800-352-5267, and under the rules set forth in this Agreement, except that JAMS may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. If there is a conflict between the JAMS Rules and the rules set forth in this Agreement, the rules set forth in this Agreement shall govern. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to federal, state, or local laws. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of this Agreement. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. Notwithstanding this broad delegation of authority to the arbitrator, a court may determine the limited question of whether a claim or cause of action is for (a) trade secret misappropriation, (b) patent infringement, (c) copyright infringement or misuse, or (d) submitted trademarks infringement or dilution, which are excluded from the definition of “Disputes” as stated above. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone shall take place in a location reasonably accessible from your primary residence, or in Los Angeles County, California, at your option.
(a) Initiation of Arbitration Proceeding. If either you or HEMPSTEAD GOLD EXTRACTSTM decide to arbitrate a Dispute, we agree to the following procedure: (i) Write a Demand for Arbitration. The demand must include a description of the Dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at https://www.jamsadr.com (“Demand for Arbitration”).
(ii) Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to:
707 Wilshire Blvd
Los Angeles, CA 90017, U.S.A.
(iii) Send one copy of the Demand for Arbitration to the other party at the same address as the Dispute Notice, or as otherwise agreed to by the parties. (b) Hearing Format. In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by HEMPSTEAD GOLD EXTRACTSTM or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or HEMPSTEAD GOLD EXTRACTSTM is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.
(c) Arbitration Fees. HEMPSTEAD GOLD EXTRACTSTM shall pay, or (if applicable) reimburse you for, all JAMS filing, administration, and arbitrator fees for any arbitration commenced (by you or HEMPSTEAD GOLD EXTRACTSTM) pursuant to provisions of this Agreement.
(d) Opt-out. You may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Agreement by sending a written letter to the HEMPSTEAD GOLD EXTRACTSTM Notice Address within thirty (30) days of your assent to this Agreement (including the purchase of any Product or the use of the Sites) that specifies (i) your name, (ii) your mailing address, and (iii) your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedure set forth above, all other terms shall continue to apply, including the requirement to provide notice prior to arbitration. Amendments to this Section. Notwithstanding any provision in this Agreement to the contrary, you and HEMPSTEAD GOLD EXTRACTSTM agree that if HEMPSTEAD GOLD EXTRACTSTM makes any future amendments to the dispute resolution procedure and class action waiver provisions (other than a change to HEMPSTEAD GOLD EXTRACTSTM address) in this Agreement, HEMPSTEAD GOLD EXTRACTSTM will notify you and you will have thirty (30) days from the date of notice to affirmatively opt-out of any such amendments. If you affirmatively opt-out of any future amendments, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Section as stated in this current Agreement, without any of the proposed amendments governing. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to any such future amendments.
Severability. If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of this Agreement remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of the Terms and Conditions.
Exclusive Venue for Other Controversies
HEMPSTEAD GOLD EXTRACTSTM and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Agreement (other than an individual action filed in small claims court) shall be filed only in the Superior Court of Los Angeles County, California, or the United States District Court for the Central District of California, and each party hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts for any such controversy.
The Terms and Conditions constitute the entire agreement between HEMPSTEAD GOLD EXTRACTSTM and you with respect to your use of the Sites, your purchase of products and services through the Sites, and as applicable any products or services of HEMPSTEAD GOLD EXTRACTSTM. Any cause of action you may have with respect to the Sites or HEMPSTEAD GOLD EXTRACTSTM products or services must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. The section titles used in the Terms and Conditions are purely for convenience and carry with them no legal or contractual effect. Nothing in these Terms and Conditions will be construed as creating a joint venture, partnership, employment, or agency relationship between you and HEMPSTEAD GOLD EXTRACTSTM, and you do not have any authority to create any obligation or make any representation on HEMPSTEAD GOLD EXTRACTSTM behalf. You may not assign or transfer any rights or obligations of these Terms and Conditions, by operation of law or otherwise, without HEMPSTEAD GOLD EXTRACTSTM written consent. Subject to the foregoing, these Terms and Conditions will be binding on, inure to the benefit of, and be enforceable against you and HEMPSTEAD GOLD EXTRACTSTM and their respective successors and assigns. The terms of this section survive any termination of the Terms and Conditions.
Other important terms
These Terms and Conditions supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. No delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing. Hempstead Gold Extracts reserves the right the end, or remove any promotions from the site, with out prior notice.