Terms and conditions

Oceana LLC

TERMS AND CONDITIONS OF USE

 

Effective Date: December 1, 2020

Oceana LLC (“Oceana”) offers this website to allow you to view and order Affirm CBD products online though www.AffirmCBD.com and the related mobile application (the “Sites”). By using the Sites, you agree to these terms and conditions.  The Sites are intended only for the use of persons age twenty-one (21) or older.  We reserve the right to modify or update these terms and conditions at any time.  Please be sure you have read and agree to our current terms and conditions.

Privacy.  Oceana cares about your privacy. Please read our Privacy Policy, which outlines how our site will collect information about you, how information will be shared and secured, and certain rights you have with respect to your information.  We reserve the right to modify or update our Privacy Policy at any time.  Each time you use this website, you agree to all terms of our current Privacy Policy.

Trademarks.  Oceana is the owner of numerous trademarks, logos, emblems, and trade dress.  You may refer to Oceana trademarks in a manner that is not misleading and clearly acknowledges Oceana ownership of our marks.  By using this website, you acknowledge our ownership of our marks and agree not to challenge our rights.  You may not use any of Oceana marks or trade dress in any manner that would lead to confusion as to the source of any product or service, in any manner that would falsely suggest that Oceana is affiliated with, endorses, or sponsors any product or service, or in any manner that would disparage our marks and brand.  Our website may include references to marks that belong to other parties. These marks are the property of their respective owners, which may or may not be affiliated or connected with us in some way.  We do not authorize you to use any third party’s marks.

Copyright.  As between you and us, we own and reserve all right, title, and interest in and to our website.  This includes the copyright in the software and code that allow you to operate the website and the copyright in all content including text, graphics, and images.  You may not copy, distribute, perform or display publicly, prepare derivative works based from, or use our website except as expressly provided in these terms and conditions unless you receive our prior written permission.  You may not use our website to collect data or account or other information.  You may not reverse engineer any part of our website.  We reserve the right to terminate your license to use this website if you do not comply with these terms and conditions.

Accuracy of Information.  We attempt to be as accurate as possible; however, we do not warrant that all product descriptions, photographs, pricing or other information on the Sites is accurate, complete, current, or error-free.  All weights and size dimensions are approximate.  All features, content, specifications, products and services described or depicted on the Sites are subject to change at any time without notice.  Oceana makes all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.  The inclusion of any products or services on the Sites at a particular time does not imply or warrant that these products or services will be available at any time.

Oceana may make changes in information about price and availability without notice.  If a product offered by Oceana is not as described or pictured, your sole remedy is to return it to Oceana, as instructed in our Returns Policy on this website.  In the event of an error, whether on the Sites, in an order confirmation, in processing an order, in delivering a product or otherwise, we reserve the right to correct such error and revise your order accordingly, or to cancel the order and refund any amount charged. 

At times – either due to availability or other issues – Oceana may need to cancel an order.  Oceana shall have the right to refuse or cancel any orders whether or not the order has been confirmed and your Method of Payment charged.  If your Method of Payment has already been charged for the purchase and your order is canceled, Oceana shall issue a credit to your Method of Payment in the amount of the refundable portion of the charge as soon as is practicable.

Client Accounts. Users of this website age twenty-one (21) and older may register for an account.  If you are under the age of twenty-one (21), you may not register for access to an account. When you register for an account, you hereby represent that:

  • You meet the age requirements posted on the website;

  • The information you provide is accurate, current and complete, and you agree to maintain and promptly update your information so that it remains accurate, current and complete;

  • You will be responsible for all activities and transactions that take place;

  • You will be solely responsible for maintaining the secrecy and security of your account, login, and password and for restricting access to your computer.

We reserve the right to terminate any Client account or cancel orders in our discretion.

You may also sign up to become a Member and/or receive discounts or promotional emails from us.  When you ask to be placed on our email list, you hereby confirm that you are over the age of twenty-one (21) and that you wish to receive promotional emails from us.  If you are receiving promotional email from us and would like to be taken off our list, simply click the link at the bottom of any email to unsubscribe.

Subscribe and Save

Most products offer a "Subscribe and Save" option, whereby you receive a discount on your purchase in exchange for agreeing to receive the product on a periodic basis.  Oceana reserves the right to change the Subscribe & Save benefits, including the discount amounts and eligibility used to determine discount amounts, at any time in its sole discretion. All changes will apply to future orders, including for current subscriptions.

Some of the offer details may change as you receive deliveries over time (for example, price, taxes, availability, shipping charges, and the seller). If the item is unavailable when we plan to ship it, you authorize us to update your subscription or fulfill your order with a similar item that we believe will meet your expectations.

Your Subscribe & Save subscription will automatically create a new order according to your chosen delivery schedule, until you cancel.

We may, in our sole discretion, terminate your subscriptions at any time without notice. If we do so, you will only be charged for orders that have been shipped to you.

Eligible Purchases

Subscribe & Save benefits are limited to items displaying the Subscribe & Save offer message and the seller indicated in the offer message.  Subscribe & Save is only available to customers shipping to addresses in the United States. Some eligible items may only be available for shipping within the forty-eight (48) contiguous US states and/or states that allow the shipment of CBD products. Your participation in the Subscribe & Save program is personal to you, and you may not assign or transfer your Subscription or any of the benefits to any third party without our authorization.

 

Subscribe & Save discounts and any Subscribe & Save limited time special subscription promotions in effect apply only to eligible items displaying the offer message on the Subscribe & Save item information pages, and then only if you select the Subscribe & Save delivery method. Subscriptions are good while supplies last. Special limited time subscription promotions only apply during their effective dates.

All returns under Subscribe & Save are subject to our Returns Policy. Subscribe & Save subscriptions are void where prohibited.

 

Payment; Renewal

The total cost charged to your payment method for each Subscribe & Save order will be the cost of the item on the day that order is processed less the Subscribe & Save discount, plus any applicable sales tax. Any eligible promotional credit balances on your customer account may be applied toward the balance of your order before charging any remaining balance to your payment method. 

 

The charge for each Subscribe & Save item shipment will be billed to the payment method used to create your subscription or as otherwise directed by you. If we are unable to complete your Subscribe & Save order with the payment method you used to create your subscription, you authorize us to update your subscription with another payment method in your account and to charge the payment method for your Subscribe & Save order.

 

Your subscription will remain in effect until it is cancelled. You can cancel at any time via Your Subscribe & Save Items page, which can be found in Your Account. If you cancel your subscription and then reactivate it, the discount applied to any Subscribe & Save item may not be the same discount in effect at the time of cancellation. If the Subscribe & Save discount percentage for such Subscribe & Save item changes, the new discount will be applied to your future shipments of that item.

Agreement Changes

 

We may, in our sole discretion, change these Terms, (including all applicable terms, conditions, limitations and requirements on the AffirmCBD.com website), without notice to you. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED PARTICIPATION AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR SUBSCRIPTIONS.

 

Third Party Links.  From time to time, the Site may contain links to websites that are not owned, operated or controlled by Oceana or its respective affiliates.  All such links are provided solely as a convenience to you.  If you use these links, you will leave the Site(s).  Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website(s).  Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites.  If you decide to access any other websites linked to or from the Sites, you do so entirely at your own risk.

Governing Law and Jurisdiction.  Any dispute You have with Oceana, including disputes arising from the use of the Oceana website, our App, our Privacy Policy, or our Client Agreement, shall be resolved through binding arbitration before AAA in Los Angeles, California.  Even though You may be located in another state or jurisdiction, this Agreement, and all matters arising directly or indirectly from this Agreement, shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws rules.  You hereby submit to binding arbitration before AAA, and You waive any jurisdictional, venue, or inconvenient forum objections.   

Copyright Claim Policy.  We do not permit anyone to post materials on our website that infringe the copyrights of others. If you believe any content on our website infringes your rights or if you are acting with consent on behalf of someone who does, please send us notice to obtain a copy of our Copyright Infringement Claims Procedure.

 

Severability.  If any provision of these terms and conditions is found to be illegal or unenforceable, the remaining provisions of these terms and conditions shall be unaffected and shall continue to be fully valid, binding, and enforceable.

 

Entire Agreement. These terms and conditions and our Privacy Policy constitute the entire understanding and agreement between you and us with respect to the use of our website.