Cannabis Law Group
4695 MacArthur Court, 11th Floor Newport Beach, California 92660 Tel: (949) 375-4734 Email: dnassiri75@hotmail.com www.cannabislawgroup.com
March 22, 2021
Re: Legal Opinion Letter Regarding the PACT Act
To Whom it May Concern:
This letter is a legal opinion letter regarding the recently passed PACT Act on December
27, 2020 and its perceived application to the cannabis vape industry.
As part of the “Consolidated Appropriations Act, 2021,” in the most recent COVID-19
relief bill signed into law on December 27, 2020, Congress amended the Prevent All Cigarette Trafficking (“PACT”) Act to apply to e-cigarettes and all vaping products. Originally passed in 2009, the PACT Act amended the existing laws which required interstate shippers to report “cigarette sales” to state tobacco tax administrators in order to combat illicit sales and tax avoidance. The PACT Act, among other things, prohibits the use of the U.S. Postal Service
(“USPS”) to deliver “cigarettes and smokeless tobacco products” directly to consumers.
In addition to the non-mailing provisions, the PACT Act requires anyone who sells “cigarettes or smokeless tobacco” to register with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the tobacco tax administrators of the states into which a shipment is made or in which an advertisement or offer is disseminated. Delivery sellers who ship cigarettes or smokeless tobacco to consumers are further required to label packages as containing tobacco, verify the age and identity of the customer at purchase, use a delivery method (other than USPS) that checks ID and obtains adult customer signature at delivery, and maintain records of delivery sales for a period of four years after the date of sale, among other things.
The PACT Act makes no mention of Cannabis and Thus Does Not Apply
The PACT Act re-defines the term ‘cigarette’ to now include all ‘Electronic Nicotine Delivery Systems’, or, “ENDS”. The PACT Act does not mention cannabis, marijuana, hemp, THC, CBD or any other cannabinoid (“cannabis vape products”). There is absolutely no mention of cannabis throughout the entire Act, which appears to be focused solely on nicotine delivery systems. We believe that this omission is critical in any type of criminal or civil prosecution of the PACT Act. All US citizens have due process rights and part of those rights is that if one is going to be prosecuted under any law, the law must be clear in what it says you can and cannot due. Any layperson or juror will be confused by the federal governments attempt to state that the
Legal Opinion Letter Regarding the PACT Act
1
PACT Act applies to cannabis vape products because the Act doesn’t even mention the words cannabis or thc, ect. If the Act applies to cannabis vape products, then why doesn’t the law specifically state so? The law is unclear and ambiguous as it applies to cannabis vape products and we believe that ambiguity in the law is a defense to any civil or criminal charges as it relates to shipping cannabis vape products.
The Federal Government Has Made Little to No Effort to End Unlicensed Cannabis Business for over Ten Years
In addition, we also believe that if the federal government intended on taking any legal action against those who are perceived to be illegally shipping cannabis vape products, that they would have stated so in any one of the many press releases surrounding this topic. This is similar to the Interim Final Rule that was release last year by the DEA that stated that Delta 8 THC was illegal. Despite mentioning THC by name, there has been no effort by any local, state or federal agencies to crack down on Delta 8 THC that we are aware of at this time. The same experts who stated that the feds were going to hunt down and prosecute Delta 9 THC business are the same experts now saying that cannabis vape products will be hunted down by the feds.
We didn’t see that with Delta 8 and we doubt we will see that now with any cannabis vape products. If the federal government was really interested in cracking down on unlicensed cannabis activity could easily raid any one of the hundreds of unlicensed storefront dispensaries that are just sitting ducks. But the federal government hasn’t raided an unlicensed dispensary in California in over ten years. Practically speaking, we do not believe the federal government will make concerted effort to try and track down unlicensed cannabis vape distributors if they are not raiding storefronts.
Although the PACT Act is ambiguous and unclear as to whether it applies to Cannabis Vape Products, it may apply since it mentions “Any other Substance”
Despite the fact that the law is literally called the “
the exact definition of what falls into that “ENDS” category is not clear, and many of the experts are interpreting the PACT Act’s
jurisdiction to include ALL vaping products, liquids, parts, and accessories, not just e-cigarettes.
The Act attempts to clarify the definition of an ENDS product as “any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device,” (emphasis added) including “an e-cigarette; an e-hookah; an e-cigar; a vape pen; an advanced refillable personal vaporizer; an electronic pipe; and any component, liquid, part, or accessory of a device described [above], without regard to whether the component, liquid, part, or accessory is sold separately from the device.”
Despite that argument that the PACT Act does apply cannabis vape products because cannabis vape is an “other substance”, we still do not believe that the federal government will make any real effort to hunt down and prosecute cannabis vape companies because the cost and manpower to undertake such action is not likely to be expended, especially in light of the fact that the federal government has made no such effort to shut down unlicensed cannabis operators selling cannabis is broad daylight. A raid on a dispensary is much easier, cheaper and effective than trying
Legal Opinion Letter Regarding the PACT Act 2
Prevent All Cigarette Trafficking Act”
(emphasis added), many experts in the industry are claiming that
to figure out what is inside of sealed packages that are being mailed through USPS, FedEx, UPS and/or any other logistics company.
UPS and FedEx’s Position Appears to Be Lip Service Only
In recent weeks carriers like UPS and FedEx have announced that they too will stop
delivering all ENDS products by the end of this month, March 2021, in order to comply with federal prohibition. “UPS will not transport vaping products to, from, or within the United States due to the increased complexity to ship those products,” effective April 1st, according to a press release from the global shipping giant. FedEx released a similar statement saying that it would no longer allow “electronic cigarettes, vaping liquids, and other vaping products in the FedEx global
network.”
We believe that UPS and FedEx are giving lip service to the PACT Act, but do not believe
that they will put much effort on trying to stop cannabis vape products from being shipped through their companies. Neither UPS’s nor FedEx’s statements mention the words cannabis, thc, cbd, hemp or cannabinoids. The statements, however, are broad enough for one to think that the statement applies to cannabis vape products. However, unless and until we see specific statements coming from the federal government that specifically state that cannabis vape products are in fact included in the definition of the PACT Act, we believe we will not see any increased efforts by
the federal government, or the logistics companies, to attempt to stop cannabis vape products
Conclusion
In conclusion, since the PACT Act does not specifically mention cannabis, thc, cbd, hemp
or cannabinoids directly in the Act, we do no believe it applies to cannabis vape products. We believe the federal government must amend the law to specifically mention cannabis if the law is
in fact meant to apply to cannabis.
Also, we do not believe the federal government will take any proactive steps to stop
cannabis vape products from being shipped through the mail, because the federal government isn’t doing anything to stop unlicensed cannabis dispensaries from operating in major cities on main streets. We also do not believe that UPS or FedEx will make any concerted effort and trying to discover unlicensed/unregistered cannabis vape products from shipping through their services. They will tell you that it is not allowed, but in our experience, any investigation they do will not lead to a criminal or civil prosecution at this time without any further information or clarification
from the federal government.
We look forward to discussing these matters with you in the near future. Please feel free to call me to discuss any of these issues. Thank you.
Very truly yours,
/s/Damian Nassiri
Damian Nassiri Attorney at Law
Legal Opinion Letter Regarding the PACT Act 3
Legal Information pertaining to Delta 8 THC act as provided by cannabis law group:
Cannabis Law Group
4695 MacArthur Court, 11th Floor
Newport Beach, California 92660
Tel: (949) 375-4734
Email: dnassiri75@hotmail.com
www.cannabislawgroup.com
March 18, 2021
To Whom it May Concern:
This letter is a legal opinion letter regarding Delta 8 THC and the recent publications by the DEA and specifically the recent “IFR” or Interim Final Rule published by the DEA on August 20, 2020.
The Controlled Substance Act – Cannabinoids Derived from Hemp are not Controlled Substances
The federal Controlled Substances Act (CSA) defines “marihuana” broadly to include “all parts of the plant Cannabis sativa L., whether growing or not…” (21 USC § 802(16)(A)) As a result, all derivatives of marijuana are controlled substances, including Delta 9 THC, Delta 8 THC, CBD, CBN, and other cannabinoids.
However, the recent 2018 Farm Bill defines lawful “hemp” (7 U.S.C. § 1639o(1)) and distinguishes it from illegal marijuana. Hemp is no longer considered a controlled substance under the CSA. (21 USC § 802(16)(B): “The term “marihuana” does not include— (i) hemp, as defined in section 1639o of title 7.”) Importantly, under the Farm Bill, hemp-derived “cannabinoids”, “derivatives”, “extracts”, and “isomers” are themselves “hemp” and thus not controlled substances.
As a result of the Farm Bill, Δ8THC is a “cannabinoid” and is not a controlled substance when derived from hemp, regardless of its concentration, but is a controlled substance if derived from marijuana. However, we must also remember that under the IFR, “a cannabis derivative, extract, or product that exceeds the 0.3% D9 -THC limit is a schedule I controlled substance, even if the plant from which it was derived contained 0.3% or less D9 -THC on a dry weight basis.”
Δ8THC Derived from Hemp is Not a Controlled Substance Under the Federal Analogue Act
The federal Analogue Act (“AA”) states that any chemical that is “substantially similar” to a controlled substance listed in Schedule I or II of the CSA, and which has a “stimulant, depressant, or hallucinogenic effect on the central nervous system (CNS) that is substantially similar to or greater than” the controlled substance, to be treated as if it were listed in Schedule I when intended for human consumption.
However, Δ8THC from hemp is not a controlled substance under the federal Analogue Act (AA). (21 USC § 813) for at least two reasons. First, as discussed above, the CSA expressly provides that “tetrahydrocannabinols in hemp” are not controlled substances. (21 USC § 812(c)(17)) This specificity in the CSA as to THC in hemp overrides any contrary general provisions in the AA. Second, the effect that Δ8THC has on the CNS is not substantially similar to the effects of Δ9THC, a Schedule I controlled substance as its effects are much less potent. (See, eg, “Delta‐8‐ and delta‐9‐tetrahydrocannabinol; Comparison in man by oral and intravenous administration”, by Leo E. Hollister M.D. and H. K. Gillespie B.A., Volume 14, Issue 3 of Clinical Pharmacology and Therapeutics, 1973, which found that the potency of Δ8THC relative to Δ9THC is two-thirds (2/3).) Third, hemp has been removed from the CSA. As discussed above, hemp-derived Δ8THC meets the legal definition of “hemp” under the Farm Bill and as result, Δ8THC derived from hemp is not a controlled substance under the AA.
The US Drug Enforcement Administration’s (DEA) Interim Final Rule (IFR) released August 20, 2020.
On August 20, 2020, the DEA issued is “IFR” or Interim Final Rule. The purpose of the interim final rule is “to codify in the Drug Enforcement Administration (DEA) regulations the statutory amendments to the Controlled Substances Act (CSA) made by the Agriculture Improvement Act of 2018 (AIA), regarding the scope of regulatory controls over marihuana, tetrahydrocannabinols, and other marihuana-related constituents”.
The IFR did not really introduce any new legal theories and did not contain any call to action to enforce the CSA against those persons cultivating, transporting, possessing with intent to sell, or sales of Delta 8 THC. In fact, the IFR does not even mention “Delta 8 THC” by name. As they say, “This interim final rule merely conforms DEA’s regulations to the statutory amendments to the CSA that have already taken effect, and it does not add additional requirements to the regulations.
Although many fear that the IFR now threatens to destroy the hemp, CBD, and/or Delta 8 THC industry, our law firm does not view it that way at this time. This is based on the lack of prosecution against Delta 9 THC, which has always been viewed as a potentially more dangerous compound that Delta 8 THC. Although we cannot predict the future, a reading of the IFR does not lead us to believe that federal enforcement is imminent – neither federal civil actions or federal criminal actions.
Within the IFR, the DEA states: “This rulemaking makes four conforming changes to DEA’s existing regulations:
It modifies 21 CFR 1308.11(d)(31) by adding language stating that the definition
of “Tetrahydrocannabinols” does not include “any material, compound, mixture,
or preparation that falls within the definition of hemp set forth in 7 U.S.C.
1639o.”
.
It removes from control in schedule V under 21 CFR 1308.15(f) a “drug product
in finished dosage formulation that has been approved by the U.S. Food and Drug
Administration that contains cannabidiol (2–[1R–3–methyl–6R–(1– methylethenyl)–2–cyclohexen–1–yl]–5–pentyl–1,3–benzenediol) derived from cannabis and no more than 0.1 % (w/w) residual tetrahydrocannabinols.”
.
It also removes the import and export controls described in 21 CFR 1312.30(b)
over those same substances.
.
It modifies 21 CFR 1308.11(d)(58) by stating that the definition of “Marihuana
Extract” is limited to extracts “containing greater than 0.3 percent delta-9-
tetrahydrocannabinol on a dry weight basis.”
None of the above statement leads us to believe that the DEA will commit any capital towards enforcement. Moreover, the DEA acknowledges in the IFR that, “Changes to the Definition of Tetrahydrocannabinols: The AIA (Farm Bill) also modified the listing for tetrahydrocannabinols under 21 U.S.C. 812(c) by stating that the term tetrahydrocannabinols does not include tetrahydrocannabinols in hemp. The federal government has thus identified what we believe will be the major hurdle for the federal government if they decide to prosecute this issue: they can’t prove where the Delta 8 THC came from – was it from hemp (which is legal) or from cannabis (which is not legal).
The federal government knows that the defense position in any potential prosecution will always be that the Delta 8 THC was derived from hemp and that the product in which the Delta 8 THC was found contains less than 0.3% THC and thus is not a controlled substance. We believe this is one reason why we are not seeing any CBD federal prosecutions either – because the feds cannot prove where the CBD was derived from – was it from hemp that is not a controlled substance? Or was it derived from marijuana, which is a controlled substance? We believe that this inability to prove where the Delta 8 THC was derived from will be one of the major reasons why the federal government may not choose to enforce the IFR against those cultivating, transporting or selling Delta 8 THC.
We also believe that the federal government will not spend the money that it takes to adequately prosecute these cases. For example, we have not observed the federal, state or local governments testing the “contraband” in a lab to determine the levels of THC, Delta 9 or otherwise.
The Federal Government’s (Lack of) Enforcement Efforts Against Delta 9 THC over the last 6 years is the basis of our legal opinion that no federal enforcement against Delta 8 THC is imminent
Although the Federal government has issued the IFR letter, our belief that, at this time, the federal government will not make a concerted effort to shut down Delta 8 THC operations is based on our observations of the federal government in response to Delta 9 THC operations over the last ten years of practicing cannabis law in California.
In 2011-2013, the federal district attorney’s office filed approximately 30 asset forfeiture cases against unlicensed cannabis storefront dispensaries in Orange County who were in violation of the federal CSA as they were openly selling cannabis containing Delta 9 THC and even advertising on the website weedmaps.com. The United States District Attorney’s office served search warrants and conducted raids on various other unlicensed cannabis dispensaries during this time.
With regard to the civil asset forfeiture cases, no one ever lost their building. The federal government filed these asset forfeiture cases in the Central District of California against both the landlords of the dispensaries and the tenants. Our office represented some of the unlicensed dispensaries. Some of the defendants acquiesced to the federal demands and agreed to close down their unlicensed dispensaries as soon as they were served with the asset forfeiture lawsuits. As a result, eighteen of those actions were resolved with the closure of the marijuana stores and consent decrees in which the parties agreed not to operate a cannabis business without a cannabis license issued by their local jurisdiction.
It is notable that the judge in those case, a libertarian judge by the name of David Carter, did not like the federal attorneys case, stating one time in open court that he would not allow the federal government to seize a landlords property based on one $50 transaction (the feds had sent in an undercover officer to purchase and eighth of cannabis, containing Delta 9 THC, for $50).
The remaining defendants did not agree to close down in the face of both a federal civil asset forfeiture case and the threat of them being raided, prosecuted and possibly facing mandatory minimum federal prison sentence. However, none of the folks were criminally prosecuted and none went to jail or prison. Eventually, the federal government dismissed these remaining asset forfeiture cases.
Since these cases were dismissed over 6 years ago, there has been very little federal interaction with the unlicensed cannabis businesses that have continued to operate in legalized states such as California. We have not heard of much federal enforcement against Delta 9 THC, despite the fact that hundreds, if not thousands, of unlicensed cannabis storefronts have continued to operate in the open.
Although we cannot predict the future, and not privy to the federal governments inside discussions on potential cannabis enforcement against either Delta 8 or Delta 9 THC, we believe there will be little effort, time or resources focused on arresting, prosecuting, raiding, suing or otherwise criminally or civilly targeting Delta 8 TCH operations. We base this on the DEA and US District Attorneys office giving little attention to unlicensed Delta 9 operations. If they are not going to spend their resources on concerted, targeted effort to prosecute Delta 9 THC, then why would they spend that money and time targeting the lesser-known Delta 8 THC.
We believe that federal governments approach to Delta 8 THC will be more similar to their approach to CBD and CBN at this time. Although the federal government has published documents that state that CBD is not regulated and that there are no licenses at this time, they are not making any efforts to target CBD operations, because it is difficult, if not impossible, to prove that the CBD was derived from cannabis as opposed to hemp. Since Delta 8 TCH can be found in hemp, which is legal, then it will be difficult to prosecute these cases, unless the federal government finds a person cultivating marijuana to produce the Delta 8 THC.
From experience, we believe that the ones who have the most to fear are those selling Delta 8 THC from retail locations in states that have not legalized cannabis or otherwise taken steps to decriminalize or deprioritize cannabis enforcement. We also believe that enforcement, if at all, will likely come from the local level. Most of the cannabis enforcement that we have seen has come from the local level. It is usually the local police or sheriffs in jurisdictions that are hostile to cannabis that perform the raids, make the arrests, and prosecute the criminal or civil cases.
Also, we have not overserved much federal prosecution of cannabis during the administration of President Trump administration. If Trump were re-elected, we do not see any reason why the Trump administration would abruptly change course and start prosecuting either Delta 9 or Delta 8 cases. If candidate Joe Biden were elected, we have heard that his administration could legalize or decriminalize cannabis. Accordingly, we do not believe that any major policy decisions regarding enforcement against Δ8THC are imminent, regardless of who will be elected to be our next president.
Conclusion
The cannabinoid Δ8THC is not a controlled substance under the federal CSA when it is derived from hemp. This is because the 2018 Farm Bill’s definition of “hemp” includes “cannabinoids” and “derivatives” of hemp. This necessarily includes CBD and its derivatives, such as Δ8THC, provided that they do not contain Δ9THC concentrations that exceed the legal limit of 0.3% by dry weight.
As discussed, hemp-derived Δ8THC is not a controlled substance under the federal AA because tetrahydrocannabinols in hemp are not controlled substances, Δ8THC does not have an effect on the CNS that is substantially similar to a controlled substance, and hemp-derived Δ8THC meets the definition of “hemp” under the Farm Bill. The 2018 Farm Bill removed hemp from the CSA. Under the Farm Bill, cannabinoids and derivatives of hemp are themselves “hemp”. We do not believe that the recent Interim Final Rule issued by the DEA on August 20, 2020 will do anything to immediately change the enforcement policies of the DEA and not believe any type of a concerted, widespread effort to prosecute Delta 8 THC cases, or Delta 9 THC cases for that matter will happen any time in the near future.
Except for a few isolated cases of farmers cultivating illegally, we have not seen the federal government arresting and prosecuting Delta 9 THC cases over the last 6 years, so it is hard to believe that the federal government would now decide to make a major pivot, and use their limited resources on enforcement against Delta 8 THC. Until we see or hear that the federal government is changing its action plan against Delta 8 THC, we will continue to hold the opinions stated in this letter. We cannot rule out enforcement, but we do not believe that it is imminent at this time. We also believe that those prosecuted would have a defense arguing that the Delta 8 THC was derived from hemp and not cannabis and that this would be difficult for the prosecuting to prove otherwise.
We look forward to discussing these matters with you in the near future. Please feel free to call me to discuss any of these issues. Thank you.
Very truly yours,
/s/Damian Nassiri
Damian Nassiri
Attorney at Law
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We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do 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.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
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 the seller, 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.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless this website and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
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).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of West Hollywood, California, 90069, United States.
Returns
By ordering on this website or from this merchant, you are agreeing to a no return policy. That means that at the time of payment, all sales are final.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at YinYangInfusions@gmail.com.