Terms of service
2. WHAT WE DO – We provide a platform for HYHR independent Ambassadors and customers to promote, refer, recommend and purchase health and wellness products including, but not limited to, Cannabis, CBD or Hemp products on the Hyhr sites.
3. WHAT WE DON’T DO – We are not a licensed cannabis retailer and although we do not sell cannabis products, we may partner with 3rd party licensed cannabis retailers that sell cannabis products from order information provided through www.gethyhr.com. We don’t provide medical or health advice and any decision to purchase CBD or cannabis products should be made after talking to your doctor.
4. YOUR AGREEMENTS – By using the HYHR Sites you agree:
- You’re at least 21 years old.
- You will provide us with all information required to create an account and fulfill your orders & your information will be true and complete.
- You won’t use the HYHR Sites to break any laws or to violate our Acceptable Use Policies in Section 4.A below.
- You take full responsibility for use of your HYHR account.
5. PURCHASES – If you want to make a purchase our HYHR Sites, you need to create an account and provide the required information, including a valid payment method. The Terms of Sale in Section 5.A below also apply.
6. 3RD PARTY SERVICES – The HYHR Sites may display links to services, products and promotions provided by 3rd parties and not by us. We try to only do business with reputable companies but we can’t take responsibility for 3rd party sites and services. They will have their own terms of service and sale and our Terms will not apply.
7. INTELLECTUAL PROPERTY – We are giving you a limited license to use our HYHR Sites as a consumer and/or HYHR Ambassador. In turn, you are giving us a license to use any content you through the HYHR Sites. For more details, including how to report an infringement please see the IP Terms in Sections 7.A, B & C below.
8. LEGAL LIABILITY & BOILERPLATE – We know no one likes to read the fine print but these sections are important, as they limit our liability to you and may have other legal consequences for you. Please see the Disclaimer of Warranties (8.A), Indemnity (8.B), Limitation of Liability (8.C), & Boilerplate (8.D) Sections below for details.
9. OUR RIGHTS – We always reserve the right to:
- Correct any typos or other inaccuracies we find on the HYHR Sites.
- Change the products and services available through the HYHR Sites at any time.
- Cancel a payment or prevent future purchases if we believe you have done something fraudulent or against these Terms.
- Terminate or suspend your account, in which case we may delete all of your content, information and account data stored on our servers and you will still be responsible for any fees or costs owed to us before termination or suspension.
10. DISPUTES – Any dispute we can’t resolve will be settled through binding arbitration governed by CA law. For more details see the Dispute Resolution process in Section 10 below.
4.A ACCEPTABLE USE POLICIES – In using our HYHR Sites, you may not:
i. Submit any content that would violate any applicable laws, that is false or misleading, or that is profane, indecent, lewd, pornographic, threatening, harassing, or abusive.
ii. Submit any content that belongs to third parties without their permission.
iii. Accidentally or intentionally upload viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or anything else that could disrupt the HYHR Sites or another person’s property.
iv. Interfere with the proper working of the HYHR Sites.
v. Publicly display, republish, upload, post, transmit, resell or distribute the HYHR Sites, or materials or information from HYHR contained in the HYHR Sites, unless we have given you clear permission (for example, if you’re an HYHR Ambassador, in which case you need to follow our instructions on the proper use of the HYHR Sites and our IP).
vi. Subvert any protections used to restrict or control the functionality of the HYHR Sites.
vii. Violate the restrictions in any robot exclusion headers or access or monitor the HYHR Sites using any manual process or robot, spider, scraper, or other automated means.
In enforcing these policies, we have no obligation to screen, monitor, edit, remove or prohibit any of your content or behavior but we reserve the right to do so at time and for any reason without notice to you. You understand that by using the HYHR Sites, you may be exposed to content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any third party or user-generated content.
5.A TERMS OF SALE – The following terms will apply to all Purchases on the HYHR Sites:
i. Your order is an offer, which we accept only when we or one of our fulfillment partners actually ship the products to you.
ii. Your order is for your personal use only.
iii. Product quantities may be limited, we may place purchase quantity limits on orders, & certain products may not be available, depending on where you live.
iv. If we find a pricing error, we will either confirm the correct price with you or cancel your order.
v. Shipping & handling fees and taxes will appear as separate charges on your receipt.
vi. Products may need to be shipped in multiple shipments, depending on how the order is fulfilled.
vii. When you purchase products, you are asking for us to engage a common carrier on your behalf & ownership of products passes to you when they are delivered to the common carrier.
viii. Our products and those of our brand partners have a 30-day customer satisfaction guarantee. If you are not satisfied with your product for any reason, you may return the unused portion for a full refund. Only regular priced items may be refunded. Sale items are non-refundable. Please review our Return Policy for more details.
7.A OUR IP – We grant you a limited revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the HYHR Sites as permitted by these Terms. All logos, trademarks, buttons, icons, images, text, graphics used in connection with the HYHR Sites (the “HYHR IP”) are protected under U.S. copyright laws and are exclusively owned and/or controlled by us or our licensors. We reserve all intellectual property rights to the HYHR IP not expressly granted to users herein.
7.B YOUR IP – If you provide us with reviews, comments, posts or other submissions, they will not be treated as confidential. You also hereby grant us a perpetual, non-exclusive, royalty-free, world-wide, sub-licenseable, assignable world-wide license to use, reproduce, transmit, distribute, reference, print, publish, publicly display, exhibit, prepare derivative works of, display, adapt, translate, and otherwise exploit the information you have provided to us.
7.C COPYRIGHT AND TRADEMARK INFRINGEMENT – We respects the copyright and trademark rights of others and ask you to do the same. We have adopted this policy regarding claims that 3rd party materials infringe the copyrights or trademarks of others. We respond to all valid notices of such infringement, & it is our policy to suspend or terminate the access privileges of those who infringe the copyrights and trademarks of others. We may also remove content that in our sole discretion appears to infringe the rights of others.
If you have evidence, know, or have a good faith belief that any Site content infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement by email or regular mail to HYHR’s designated Copyright Agent at our contact information noted in Section 1 above.
In any such notice, please include sufficient information to address the items specified below:
- Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.
- Identify the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit us to locate the material. Please provide a URL and screenshots for each item. Include the specific asset(s) or page(s) that you claim to be infringing. Say “entire work” ONLY if all assets/pages in a collection/document are infringing.
- Include details of your claim to the material, or your relationship to the material’s copyright holder.
- Provide your full name, address, and telephone number should we need to clarify your claim.
- Provide a working email address where we can contact you to confirm your claim.
- If true, include the following statement: “I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
- If true, include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.”
- Sign the document, physically or electronically.
8.A DISCLAIMER OF WARRANTIES – TO THE EXTENT PERMITTED BY APPLICABLE LAW YOU UNDERSTAND AND AGREE THAT THE HYHR SITES & THE AMBASSADOR PROGRAM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT THEY WILL MEET YOUR REQUIREMENTS; THAT THE HYHR SITES OR ANY CONTENT YOU HAVE SUBMITTED THROUGH THEM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS IN THE HYHR SITES OR AMBASSADOR PROGRAM WILL BE CORRECTED; OR THAT THE HYHR SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
USE OF THE HYHR SITES AND, IF YOU ARE AN AMBASSADOR, PARTICIPATION IN THE AMBASSADOR PROGRAM, IS AT YOUR OWN RISK.
WE, OUR PAYMENT PROCESSORS, SERVICE-PROVIDERS, LICENSORS, AND SUPPLIERS (AND OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, AND REPRESENTATIVES) DO NOT WARRANT THAT THE CONTENT ON THE HYHR SITES IS ACCURATE, RELIABLE OR CORRECT.
WE DISCLAIM TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, & ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE HYHR SITES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
AMBASSADORS ARE SOLELY RESPONSIBLE FOR THE STATEMENTS THAT THEY MAKE REGARDING THE HYHR SITES AND PRODUCTS AND SERVICES PROMOTED THROUGH THE HYHR SITES.
WE ALSO DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A 3RD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND SUCH 3RD PARTIES.
8.B INDEMNITY – You will indemnify, defend, and hold us and our payments processors, service-providers, licensors, and suppliers (and our respective subsidiaries, affiliates, agents, directors, employees, and representatives), harmless from and against any and all claims, costs, losses, damages, judgments, Tax assessments, penalties, interest, and expenses (including without limitation reasonable legal fees) (collectively, “Losses”) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates any actual or alleged breach of your obligations set forth in this Agreement, including without limitation any violation of our Acceptable Use Policies in Section 4.A above.
8.C LIMITATION OF LIABILITY – TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE OR OUR PAYMENTS PROCESSORS, SERVICE-PROVIDERS, LICENSORS, AND SUPPLIERS (AND OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, AND REPRESENTATIVES), SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, CONTENT OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES, YOUR ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
IN NO EVENT SHALL WE, OR OUR PAYMENTS PROCESSORS, SERVICE-PROVIDERS, LICENSORS, AND SUPPLIERS (AND OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, AND REPRESENTATIVES), BE LIABLE TO YOU FOR ANY LOSSES (AS SUCH TERM IS DEFINED IN SECTION 8.B ABOVE) EXCEEDING $100, OR IF YOU ARE AN AMBASSAOR, THE GREATER OF (I) THE TOTAL REFERRAL REWARDS PAID OR PAYABLE TO YOU UNDER YOUR AMBASSADOR AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED; OR (II) $100.
ii. ELECTRONIC DISCLOSURES & NOTICES – You confirm that you have read, understood, and accepted these Terms. You agree that we can provide disclosures and notices required by law and other information about your account to you electronically by posting it on the HYHR Sites, or by emailing it to the email address listed in your account. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. Disclosures and notices are considered received by you within 24 hours of the time posted to our HYHR Sites, or within 24 hours of the time emailed to you.
iii. INTERNATIONAL USE & EXPORT RESTRICTIONS – The HYHR Sites are controlled and operated from facilities in the United States. Except as expressly set forth in these Terms, on our HYHR Sites, or our official marketing materials, we make no representations that the HYHR Sites are appropriate or available for use in other locations. If you access or use the HYHR Sites from other jurisdictions, you do so at your own volition and you are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the HYHR Sites if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the HYHR Sites are solely directed to individuals, companies, or other entities located in the United States.
iv. FORCE MAJEURE – Neither party will be liable for any failure in performance due to causes beyond either party’s reasonable control or actions or omissions of regulatory or governmental bodies (including the passage of laws or regulations or other acts of government that impact the HYHR Sites).
v. NO ASSIGNMENT – You may not assign these Terms or any rights or obligations hereunder, in whole or in part, whether voluntary, by operation of contract, law or otherwise, without our prior written consent. Any attempted assignment or transfer in violation of the foregoing will be null and void.
vi. INTEGRATION – Except as expressly provided in these Terms, they are the final expression of our entire agreement and they describe our entire liability to you and your exclusive remedies with respect to your access and use of the HYHR Sites. In the event of a conflict between these Terms and any other HYHR agreement or policy, these Terms shall prevail on the subject matter of these Terms.
vii. NO WAIVER – Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver of any right or provision of these Terms shall be deemed a further or continuing waiver of such right or provision.
viii. SEVERABILITY – If any provision of these Terms is declared or found to be illegal, unenforceable or invalid, then, to the full extent permitted by law, (i) the provision found to be illegal, unenforceable or void shall be deemed amended and the court having jurisdiction shall be requested to reform such provision to the extent necessary to make it legal and enforceable while preserving the intents of the parties reflected therein; and (ii) such illegality, unenforceability or invalidity will not affect or impair the remaining provisions, which shall continue in full force and effect.
ix. SURVIVAL – All provisions of these Terms which by their nature should survive termination shall survive termination.
10.A DISPUTE RESOLUTION – The parties agree that any dispute that has arisen or may arise between us relating in any way to (i) your use of or access to the HYHR Sites, (ii) the products sold or promoted on the HYHR Sites, (iii) any breach, enforcement, or termination of these Terms, (iv) the HYHR Ambassador Program or (v) otherwise relating to HYHR in any way (“Disputes”) will be resolved according to this Section 10. Unless otherwise required by law, an action or proceeding by you relating to any Dispute must be brought to our attention within one year after the cause of action accrues.
10.B INFORMAL DISPUTE RESOLUTION – If a Dispute arises, we want to understand and address your concerns quickly and to your satisfaction so please contact us immediately. If we can’t resolve your concerns within 60 days, we each agree to an informal and inexpensive dispute resolution process requiring individual arbitration.
10.C CHOICE OF LAW – U.S. federal law (including the Federal Arbitration Act), and the laws of the State of California (to the extent not inconsistent with or pre-empted by federal law) will apply without regard to any conflict of law rules.
10.D BINDING INDIVIDUAL ARBITRATION – The parties agree that all the Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies and arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (including, without limitation, utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel). The arbitrator may not conduct any form of class or collective arbitration, nor may they join or consolidate claims by or for individuals. The arbitrator, and not any federal, state, or local court, or agency, has the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or part of these Terms is void or subject to arbitration. The arbitrator’s award shall be binding on the parties and judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.
10.E ARBITRATION FEES – Payment of all fees associated with arbitration are as set forth in the AAA’s Consumer Arbitration Rules. However, if the value of the relief sought is $5,000 or less and the arbitrator has not determined your claims to be frivolous, at your request we will reimburse you for all filing, administration, and filing fees after the earlier of the arbitrator’s decision or the parties’ settlement of all claims.
10.F AWARD – For matters where the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same HYHR user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM OR CLAIMS. ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
10.G EXCEPTIONS – Notwithstanding the above, the parties agree that either party may (i) apply for any preliminary or emergency injunctive relief available under applicable laws for any purpose; or (ii) pursue their claims in their local small-claims court or disputes tribunal rather than through arbitration.
10.H CHANGES – If we make any amendment to this Section 10, that amendment won’t apply to any claims that were filed in a legal proceeding prior to the date of the amendment. If you don’t agree to the newly amended Section 10 terms, you may close your account within 30 days of the amendment and you will not be bound by the amended Section 10.
10.I JUDICIAL FORUM FOR LEGAL DISPUTES – Unless the parties agree otherwise (and except as described in Section 10.G above), in the event that the agreement to arbitrate above is found not to apply to you or to a particular Dispute (whether as a result of your decision to opt-out of the agreement to arbitrate, as a result of a decision by the arbitrator or as a result of a court order), you agree that any Dispute must be resolved exclusively by a state or federal court located in Los Angeles County, California. The parties agree to submit to the exclusive personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such Disputes.
10.J OPT-OUT OF AGREEMENT TO ARBITRATE – If you are a new user, you can choose to opt-out of this agreement to arbitrate by mailing or emailing us a written opt-out notice at our contact information above. The opt-out notice must be postmarked or emailed no later than 30 days after the date you accept these Terms for the first time. If you are an existing user, you have 30 days from the posting of the amended Terms to opt-out.
The opt-out notice must contain your name, address (including street address, city, state, and zip code), your email address associated with your account and an unaltered digital image of your valid driver’s license or ID card which matches the name on your account.
This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms and this Section 10 will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that we may have with each other.
10.E WAIVER; NO CLASS ACTIONS – THE PARTIES HEREBY IRREVOCABLY WAIVE ANY RIGHT TO A COURT TRIAL (INCLUDING A JURY TRIAL) (other than as permitted by Section 10.G) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMAINTS IN ANY LAWSUIT, ARBITRATION, OR PROCEEDING FILED AGAINST US AND/OR RELATED 3RD PARTIES.