TERMS OF SERVICE

This website, hxfusion.com ("this site"), is operated by Canabaco, LLC, doing business as HX Fusion. Throughout this site, the terms “HX Fusion”, “we”, “us”, and “our” refer to Canabaco, LLC. We offer this site and all of its available information, resources, and services to you ("customer" or "user"), conditioned upon your acceptance of all Terms, conditions, policies, and notices stated here.

By visiting this site and purchasing a product from our online store, you engage in our "service” and agree to be bound by the following Terms and conditions (“Terms of Service”, "Terms of Use" or simply “Terms”), including those additional Terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of this site, including, but not limited to, users who are browsers, vendors, customers, merchants, and/or content contributors.

Please read these Terms of Service carefully before using this site. If you do not agree to all of the Terms and conditions of this agreement, then you may not access this site or engage in our service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

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ONLINE STORE TERMS

You must be at least twenty-one years of age to access this site. If you are under twenty-one years of age, then you are not permitted to use this site for any reason. To engage in our service and purchase products from this site, you must be at least the age of majority in your state and the legal age required by your state.

By using this site, you represent, warrant, and agree that you meet all of the foregoing eligibility requirements stated throughout these Terms. If you do not meet all of these requirements, then you must exit this site immediately and you are not permitted to use our service.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of our service, violate any laws in your jurisdiction (including, but not limited to, copyright laws). A breach or violation of any of these Terms will result in an immediate termination of your access to our service.

GENERAL CONDITIONS

We reserve the right to remove access to this site for indefinite periods of time or cease the ability to use our service at any time, without notice to you.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of this site, our service, use of our service, access to our service or any contact on this site through which our service is provided, without express written permission by us. This includes, but is not limited to our logos, graphics, product images, product labels, product descriptions, and blog article content.

The section headings used in this agreement, and all policies on this site, are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if any information made available on this site or in our service is not accurate, complete or current. This material includes, but is not limited to web pages throughout this site, second-tier properties (social media accounts, newsletters, promotional materials, etc.), and product labels. You agree that this material is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.

Any reliance on the information made available on this site or in our service is done at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.

We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on this site. You agree that it is your responsibility to monitor changes to this site.

PRODUCTS AND SERVICES

Certain products may be available exclusively on this site’s online store or sold separately. You may contact us at any time for the most updated catalog of all of our products for sale with current pricing.

We have made every effort to display as accurately as possible the colors and images of our products that appear on this site’s online store. We cannot guarantee, however, your device screen’s display of any color or resolution will be accurate.

We reserve the right to limit or restrict the sales of our products to any person, state or geographic region at any time. We may exercise this right on a case-by-case basis. We do not warrant or guarantee that the quality, information, material or experience of our service will meet your expectations or that any errors in our service will be corrected.

MODIFICATIONS TO PRODUCTS AND SERVICE

Product prices and product descriptions (including labels) are subject to change at any time without notice, at the sole discretion of us. We reserve the right at any time to discontinue any product.

Any offer for any service or product made available on this site is void where prohibited.

We reserve the right at any time to modify or discontinue our service (or any part or content thereof) without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our service or products.

ACCURACY OF SHIPPING AND BILLING INFORMATION

When placing an order through this site, you agree to provide us with current, complete, and accurate information. We are not responsible for any costs or monetary losses you may experience due to providing us with improper or inaccurate information from placing an order. This includes, but is not limited to your address information. You agree that if you only provide us with one address (i.e., you elect to use the same address for both billing and shipping), then this sole address is where we will ship your order to.

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 using the same email address, credit card, billing address, 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 email address, shipping address, and/or billing address 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 unauthorized dealers, resellers or distributors.

ORDER CHANGES, CANCELATIONS, AND RETURNS

You agree and understand that any order you place through this site is governed by our Return Policy, which is part of these Terms of Service.

THIRD-PARTY LINKS

Certain content, products or material available on this site or in our service may include links to third-parties. These third-party websites are not affiliated with this site nor our service. We are not responsible for examining or evaluating the content or accuracy of any website you may be directed to from a third-party link on this site or in our service. You agree that we do not warrant and will not have any liability or responsibility for any third-party websites or materials, or for any other content, 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 or services should be directed to the third-party, as they are independent of us.

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, reviews, 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 or otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to maintain any comments in confidence, to pay compensation for any comments or to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, contradicts industry laws and regulations, has not been evaluated by the Food and Drug Administration or Federal Trade Commission, is obscene or, otherwise, is 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 this site, our service or any related website. You may not use a false email 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

You agree and understand that the submission of your personal information on this site is governed by our Privacy Policy, which is part of these Terms of Service.

ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be information on this site or in our service that contains typographical errors, inaccuracies or omissions. This material includes, but is not limited to product descriptions (including labels), prices, promotions, special offers, shipping charges, delivery times or product availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on this site or in our service is inaccurate at any time, without prior notice (including after you have placed your order).

We undertake no obligation to update, amend or clarify information on this site or in our service, including, but not limited to pricing information, except as required by law.

LOCAL AND STATE LAWS APPLY

All of the products for sale on this site are federally legal in the United States under the Agriculture Improvement Act of 2018 (i.e., the Farm Bill). You agree, however, it is still your responsibility to check and confirm your local and state laws, regulations, ordinances, and rules regarding what may be purchased, possessed or consumed in your local area to ensure compliance with such legal requirements, if any, when it comes to the products for sale on this site.

You, the user and customer, agree that you are responsible to comply with all applicable laws regarding your use of any product you purchase from this site. Any such improper use, possession or consumption in violation of any such regulations are solely the responsibility of the user and customer, and any liability on the part of Canabaco, LLC is strictly and knowingly waived and disclaimed by the user and customer.

PROHIBITED USES

In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using both this site and our service to:

• Perform any unlawful purpose
• Solicit others to perform or participate in any unlawful acts
• Violate any international, federal, provincial or state regulations, rules, laws or local ordinances
• Infringe upon or violate our intellectual property rights or the intellectual property rights of others
• Harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability
• Submit false or misleading information
• 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 our service or of any related site, other websites or the Internet
• Collect or track the personal information of others
• Spam, phish, pharm, pretext, spider, crawl or scrape
• Perform or take part in any obscene or immoral purpose
• Interfere with or circumvent the security features of our service or any related website, other websites or the Internet

We reserve the right to terminate your access to this site or any use of our service for violating any of these prohibited uses, or if you commit any act that we determine to be unlawful or in violation of these Terms.

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. You agree that any results you obtain from this site or in our service may not be accurate or reliable. You agree that your use of, or inability to use, this site, our service or any of our products is solely done at your own risk.

All of the products for sale on this site 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 Canabaco, LLC, 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. This includes, but is not limited to 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 our service or any products purchased from this site or for any other claim related in any way to your use of our service or any product purchased from this site. This includes, but is not limited to any errors or omissions in any content (including product labels) or any loss or damage of any kind incurred as a result of the use of our service or any content (or product) posted, transmitted or otherwise made available via our 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 us, 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.

SERVABILITY

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 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 service, or when you cease using this site in general. 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 to you, 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 service (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 and any policies or operating rules posted by us on this site or in respect to our service constitutes the entire agreement and understanding between you and us and govern your use of our 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 these Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

CHANGES TO TERMS

You can review our most current version of these Terms of Service at any time on this page. Any new products, features or content added to this site and/or our service shall also be subject to these Terms.

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 this site. You agree it is your responsibility to check this page periodically for changes to any Terms or conditions.

Your continued use of or access to this site or our service following the posting of any changes to these Terms of Service constitutes your acceptance of those changes. If we make significant changes, however, we will make that clear to you either on this site or through direct notification.

CONTACT US

If you have questions or comments about our Terms or policies in general, you may contact us by emailing terms@hxfusion.com, calling (877) 695-4575, and/or writing via post to:

Canabaco, LLC

200 2nd Ave S, Suite 405

St. Petersburg, FL 33701