Terms & Conditions
Last updated June 7th, 2020
Welcome to Lefty’s. Lefty’s sells premium hemp smokes (no tobacco, less than .3% THC) and other related products (as modified, collectively, the “Lefty’s Products”) to customers for their personal use (“Customers” or “you”) through its website at https://leftys.com (the “Site”). The various other related services, and other features, functions, software, applications and websites (together with the Lefty’s Products and the Site, collectively, the “Lefty’s Services”) are provided and operated, and are being made available to you and the other Customers and the other users of the Lefty’s Services (collectively, the “Users”) by Lefty’s LLC (“Lefty’s”, “we”, “our” or “us”). All defined terms used herein shall have the meanings prescribed to these terms in these Terms of Service.
These Terms contain an Arbitration provision which will, with limited exception, require you to submit disputes you have against Lefty’s to binding and final arbitration. You will only be permitted to pursue claims against Lefty’s on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
To purchase any of the Lefty’s Products or to access and use the Site or any the other Lefty’s Services, you must be at least 21 years of age. BY CLICKING THE “I AGREE” BUTTON, PURCHASING ANY OF THE LEFTY’S PRODUCTS OR BY ACCESSING OR USING THE SITE OR ANY THE OTHER LEFTY’S SERVICES, YOU REPRESENT THAT:
- YOU HAVE NOT BEEN PREVIOUSLY RESTRICTED FROM PURCHASING ANY OF THE LEFTY’S PRODUCTS;
- YOU HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM ANY OF THE OTHER LEFTY’S SERVICES;
- YOU CONFIRM THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH LEFTY’S;
- YOU WILL COMPLY WITH THESE TERMS AND ALL APPLICABLE LOCAL, STATE, NATIONAL AND INTERNATIONAL LAWS, RULES AND REGULATIONS; AND
- YOU ARE NOT A COMPETITOR OF LEFTY’S AND DO NOT INTEND TO USE THE LEFTY’S PRODUCTS OR ANY OF THE OTHER LEFTY’S SERVICES FOR REASONS THAT ARE IN COMPETITION WITH LEFTY’S FOR ANY REASON
3. Lefty's Products.
3.1 Purchasing the Lefty's Products.
- To purchase any of the Lefty’s Products, you do not need to create an account. To check-out in connection with the purchase any of the Lefty’s Products, you will need to provide your email address and certain other information.
- If you do create an account, you agree to (i) provide true, accurate, current, and complete information about yourself as prompted during the account creation process (“Account Data”), and (ii) maintain and promptly update the Account Data, to keep it true, accurate, current and complete. You are responsible for all activities that occur under your account. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Lefty’s has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Lefty’s has the right to suspend or terminate your account and prohibit you from purchasing any of the Lefty’s Products and/or accessing and using any of the other Lefty’s Services. You agree not to create an account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one account. You agree not to create an account or to purchase any Lefty’s Products or to access and use any of the other Lefty’s Services if you have previously been prohibited from purchasing any of the Lefty’s Products or removed by Lefty’s or if you have been previously banned from accessing and using any of the other Lefty’s Services.
- The Lefty’s Products and the other Lefty’s Services are for personal use and not for resale or other use. The sale of any Lefty’s Products on a wholesale basis will be subject to separate terms and conditions.
3.2 Health Information.
WARNING: Smoking is dangerous to your health. Smoking PRODUCES TAR AND CARBON MONOXIDE. DISCONTINUE USE IF ANY LEFTY’S PRODUCT CAUSES IRRITATION TO LUNGS, BREATHING TROUBLES ARISE OR OTHER ADVERSE REACTIONS. THE LEFTY’S PRODUCTS ARE NOT FOR USE BY INDIVIDUALS WHO ARE PREGNANT, NURSING OR UNDER 21 YEARS OF AGE OR PERSONS WITH OR AT RISK OF HEART DISEASE, HIGH BLOOD PRESSURE, DIABETES OR ARE TAKING MEDICINE FOR ASTHMA.
California Proposition 65 Warning
⚠️ WARNING: Certain of the Lefty’s Products can expose you to chemicals including hemp smoke known to the State of California to cause cancer, birth defects, or other reproductive harm. For more information, go to: www.P65Warnings.ca.gov.
4. Purchase Price, Payments, Refunds and Shipping.
4.1 Purchase Price and Taxes.
- Purchase Price. The purchase prices for the Lefty’s Products can be found on the Site (as modified from time to time, the “Purchase Prices”).
- Taxes. The Purchase Prices are net of any applicable Sales Tax. If the purchase of any Lefty’s Product is subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Company, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Company for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that Company is permitted to pass to its customers, that is the functional equivalent of a sales or use tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
- Payment Processing. The Purchase Prices for the Lefty’s Products shall be made through a third-party payment processor directed by Lefty’s (e.g., authorize.net, Shopify, etc.) (any such third-party payment processor, the “Payment Processor”). Payment processing services for the Lefty’s Products are currently provided by NMI and Authorize.net and are subject to NMI’s and Authorize.net’s respective terms of service (as modified from time to time, collectively, the “Payment Processors’ Terms”). By agreeing to these Terms or continuing to purchase any of the Lefty’s Products or to access or use any of the other Lefty’s Services, you agree to be bound by the respective Payment Processors’ Terms. As a condition of Lefty’s’ enabling payment processing services through a Payment Processor, you agree to provide the Payment Processor accurate and complete information about you, your credit or debit card or bank account and such other information required by the Payment Processor, and you authorize Lefty’s to share any relevant transaction information with the Payment Processor.
- Future Products. In paying any Purchase Price, you acknowledge and agree that you are not relying on future availability of the Lefty’s Products.
4.3 Changes in Fees and Payment Methods.
Lefty’s reserves the right to change the Purchase Prices and billing methods at any time, either immediately upon posting on the Site, any of the other Lefty’s Services or by notifying you by email.
4.4 Returns and Refunds.
For details about returns and refunds, please see our refund policy (as modified from time to time, the “Refund Policy”). The current Refund Policy is located at https://leftys.com/refunds.
EXCEPT AS SET FORTH IN THE REFUND POLICY OR UNLESS OTHERWISE REQUIRED BY LAW OR AGREED TO BY LEFTY’S IN ITS SOLE DISCRETION, ALL PURCHASE PRICES PAID ARE NON-REFUNDABLE, NON-CANCELLABLE AND NON-CREDITABLE.
4.5 Shipping and Delivery.
All Lefty’s Products shall be packed and delivered in accordance with our shipping policy (as modified from time to time, the “Shipping Policy”). The current Shipping Policy is located at https://leftys.com/returns#shipping.
5. License Grant; Unauthorized Use.
5.1 License Grant.
Subject to your compliance with all of the terms and conditions set out in these Terms, Lefty’s hereby grants to you a limited, non-exclusive, non-transferable, freely revocable right to access and use the Site and the other Lefty’s Services, to the extent of, and in accordance with, these Terms.
5.2 Prevention of Unauthorized Use.
Lefty’s reserves the right to exercise whatever lawful means it deems necessary to prevent the unauthorized purchase of any of the Lefty’s Products or access or use of the Site or the circumvention of the other Lefty’s Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
6. Additional Policies.
When purchasing any of the Lefty’s Products or accessing or using the Site or any of the other Lefty’s Services, you may be subject to additional posted policies, guidelines or rules applicable to the purchase of the Lefty’s Products, the Site and the other Lefty’s Services which may be posted from time to time (as modified from time to time, the “Policies”). All such Policies are hereby incorporated by reference into these Terms.
7. Respecting other People’s Rights.
Lefty’s respects the rights of others and so should you. You therefore shall not:
- violate or infringe someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right;
- post anything that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by Lefty’s in its sole discretion;
- post anything that is false, misleading, untruthful or inaccurate or that includes anyone’s personal information;
- impersonate any person or entity, including any of Lefty’s’ employees or representatives or any other Customers or Users; or
- spam or solicit other Customers or Users.
8. Modification of these Terms.
Lefty’s reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to the Site or any of the other Lefty’s Services. If Lefty’s updates these Terms, it will update the “last updated” date at the top of the Terms. Please check these Terms, including any Policies, periodically for changes. Your continued purchase of any of the Lefty’s Products or use of the Site or any of the other Lefty’s Services after the posting of changes constitutes your binding acceptance of such changes. In the event of a change to these Terms that materially modifies your rights or obligations (including applicable prices and fees), Lefty’s will use commercially reasonable efforts to notify you of such change. Lefty’s may provide notice through a pop-up or banner within any of the Lefty’s Services, by sending an email to any address you may have used to register for an account or upon check-out, or through other similar mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, Lefty’s may require you to provide consent by accepting the changed Terms. If Lefty’s requires your acceptance of the changed Terms, changes are effective only after your acceptance. For all other changes, except as stated elsewhere by Lefty’s, such amended Terms will automatically be effective, replacing the previously-effective Terms, thirty (30) days after they are initially posted on any of the Lefty’s Services. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY STOP PURCHASING THE LEFTY’S PRODUCTS AND TERMINATE YOUR USE OF ALL OF THE OTHER LEFTY’S SERVICES.
To the extent that any modifications to the Terms or Policies are not allowed under applicable laws, the prior most recent version of the Terms or Policies shall continue to apply.
9. Digital Millennium Copyright Act.
We are committed to complying with U.S. copyright and related laws, and we require all of our Customers and other Users of the Site who disseminate content through the Site and the other Lefty’s Services to comply with these laws. Accordingly, all Customers and other Users (including you) may not disseminate any material or content using the Site or the other Lefty’s Services in any manner that constitutes an infringement of third-party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is our policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the rights of any User to access the Site and the other Lefty’s Services if any such Customer or other User is either found to infringe third-party copyright or other intellectual property rights, including repeat infringers, or who we believe, in our sole discretion, are infringing these rights. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue.
Our designated agent to whom you should address such notice is: email@example.com.
If you believe that content that you or a third party owns has been used via the Site or the other Lefty’s Services in a way that violates your or someone else’s copyright or other intellectual property rights, please provide us with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located;
- your address, telephone number, email address or other information reasonably sufficient to permit us to contact you;
- if possible, information sufficient to allow Lefty’s to notify the owner/administrator of the allegedly infringing content;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
If we remove or disable access to allegedly infringing material, we will make a good-faith attempt to contact the person who submitted the affected material or content so that they may make a counter notification in accordance with Sections 512(g)(2) and (3) of the DMCA.
Lefty’s reserves the right to terminate without notice any Customer’s or other User’s access to the Site and the other Lefty’s Services if that Customer or other User is determined by Lefty’s to be a “repeat infringer.” In addition, Lefty’s accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
10.1 Limited License Grant to Lefty’s.
Upon your prior consent, if you submit and/or post any content, pictures, audio and video recordings, text, data, information regarding the Lefty’s Products to any social media site (“Customer Content”), you hereby grant to Lefty’s a worldwide, non-exclusive, perpetual, irrevocable, transferable, assignable, fully paid-up, royalty-free, limited license to use any such Customer Content to promote the Lefty’s Products and the other Lefty’s Services without restriction.
10.2 Customer Content and Confidential Information.
You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all of your Customer Content and the consequences of posting any Customer Content. By uploading and publishing your Customer Content, you affirm, represent, and warrant that: (a) you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to post this Customer Content; (b) your Customer Content does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (ii) slander, defame, libel, or violate or invade the right of privacy, publicity or other rights of any person or entity. Lefty’s reserves all rights and remedies against any Customers who violate these Terms.
10.3 Content Disclaimer.
You understand that when using the Site or any of the other Lefty’s Services, you may be exposed third-party content and other materials from a variety of sources, and that Lefty’s is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content and materials that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Lefty’s with respect thereto. Lefty’s does not endorse any third-party content, material or any opinion, recommendation or advice expressed therein, and Lefty’s expressly disclaims any and all liability in connection with any such other content, material or opinion, recommendation or advice. If notified by a User or a content owner of any content or materials that allegedly do not conform to these Terms, Lefty’s may investigate the allegation and determine what recourse (if any) it might have. For clarity, Lefty’s does not permit copyright infringing activities on or through any of the Lefty’s Services.
11. Prohibited Conduct.
BY PURCHASING ANY OF THE LEFTY’S PRODUCTS OR ACCESSING OR USING THE SITE OR ANY OF THE OTHER LEFTY’S SERVICES YOU AGREE NOT TO:
11.1 Decipher, decompile, disassemble, reverse engineer, modify, translate, or otherwise attempt to derive source code, algorithms, tags, specifications, architectures, structures or other elements of the Site or any of the other Lefty’s Services, in whole or in part (except to the extent that the laws of your jurisdiction make such restrictions unenforceable);
11.2 Purchase any Lefty’s Products or access or use the Site or any of the other Lefty’s Services for the benefit of anyone other than yourself except in accordance with these Terms, including selling, reselling or distributing, in whole or in part, the , any Lefty’s Products or using the Site as part of a service bureau or outsourcing offering;
11.3 Provide any services, directly or indirectly, that are similar to, or based on, the Lefty’s Products or any of the other Lefty’s Services;
11.4 Copy, disclose, or distribute any content, data or other information available through the Site or any of the other Lefty’s Services, in any medium, including without limitation on the Site, by any automated or non-automated “scraping;”
11.5 Interfere with, circumvent or disable any security or other technological features or measures of any of the Lefty’s Services or attempt to gain unauthorized access to any of the Lefty’s Services or its related systems or networks;
11.6 Make unsolicited offers, advertisements, or proposals, or send junk mail or spam to other Customers or Users (including, but not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);
11.7 Use bots or other automated methods to: access the Site and/or any of the Lefty’s Services, download any information, send or redirect messages or perform any other activities through any of the Lefty’s Services;
11.8 Take any action that Lefty’s determines, in its sole discretion, imposes or may impose, an unreasonable or disproportionately large load on its infrastructure;
11.9 Upload invalid data, viruses, worms or other software agents through the Site and/or any of the other Lefty’s Services;
11.10 Collect or derive any personally identifiable information, including names, email addresses from the Site and/or any of the other Lefty’s Services;
11.11 Impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;
11.12 Use the Site or any of the other Lefty’s Services for any unlawful or inappropriate activities, such as gambling, obscenity, pornography, violence, transmission of deceptive messages, or harassment; or
11.13 Use the Lefty’s Services for any commercial solicitation purposes.
12. Third-Party Sites.
The Site and the other Lefty’s Services may now or in the future include links or references to other web sites or services (“Third-Party Sites”) solely as a convenience to Customers and other Users. These links may include payment processing, social media sites and other sites or services that we think may be of interest to our Customers and other Users. Lefty’s does not endorse any such Third-Party Sites or the services, information, materials, products, or services contained on or accessible through Third-Party Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through any of the Lefty’s Services are solely between you and such advertiser. Access and use of Third-Party Sites, including the information, materials, products, and services on or available through Third-Party Sites are solely at your own risk.
13. Mobile and Data Services.
You are responsible for any mobile and data charges that you may incur for using the Site or any of the other Lefty’s Services. If you’re unsure what those charges may be, you should ask your service provider before using any of the Lefty’s Services.
14. Termination; Terms of Service Violations.
You agree that Lefty’s in its sole discretion, for any or no reason, and without penalty, may terminate your ability to access and use of the Site or any of the other Lefty’s Services or any account (or any part thereof) that you may have with Lefty’s and remove and discard all or any part of your account, user profile, at any time. Lefty’s may also in its sole discretion and at any time prohibit you from purchasing any Lefty’s Products with or without notice. You agree that any termination of your ability to purchase any Lefty’s Products or to access or use the Site or any of the other Lefty’s Services or any account you may have or portion thereof may be effected without prior notice, and you agree that Lefty’s will not be liable to you or any third party for any such termination. Lefty’s reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Lefty’s to disclose the identity of anyone posting any e-mail messages, or creating any that are believed to violate these Terms. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies that Lefty’s may have at law or in equity. As provided herein, Lefty’s does not permit copyright infringing activities on the Site or any of the other Lefty’s Services, and Lefty’s shall be permitted to terminate access to the or any of the other Lefty’s Services. BY ACCEPTING THESE TERMS, YOU WAIVE AND SHALL HOLD LEFTY’S HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY LEFTY’S DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER LEFTY’S OR LAW ENFORCEMENT AUTHORITIES.
Your only remedy with respect to any dissatisfaction with (a) the Lefty’s Products, the Site or any of the other Lefty’s Services, (b) any term of these Terms, (c) any policy or practice of Lefty’s in operating the Site or the other Lefty’s Services, or (d) any content or materials viewable through the Site or any of the other Lefty’s Services, is to stop purchasing any Lefty’s Products or your use of the Site, any of the other Lefty’s Services and your account. You may terminate your use of the Lefty’s Services and your account (if any) at any time.
15. Ownership; Feedback.
The Site and the other Lefty’s Services are owned and operated by Lefty’s. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Lefty’s Services provided by Lefty’s (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the Site or any of the other Lefty’s Services are the property of Lefty’s or its subsidiaries or affiliated companies, and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Lefty’s or its affiliates and/or third-party licensors. Except as expressly authorized by Lefty’s, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Lefty’s reserves all rights not expressly granted in these Terms.
You grant to Lefty’s a royalty-free, worldwide, irrevocable, perpetual license to use, publish, edit, translate, distribute, display and incorporate any ratings, comments, suggestions, feedback, improvement requests or other recommendations you provide relating to the Lefty’s Products, the Site or any of the other Lefty’s Services without restriction (collectively, “Feedback”). You should not submit any Feedback to us that you do not wish to license to us as stated above. We have no obligation (a) to maintain any Feedback in confidence; (b) to pay any compensation for any Feedback; or (c) to respond to any Feedback. You grant us the right to use the name that you submit in connection with any Feedback.
You agree to indemnify, save, and hold Lefty’s its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any third-party claims, losses, damages, or liabilities, including legal fees and expenses, arising out of your use or misuse of the Site or any of the other Lefty’s Services, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. Lefty’s reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Lefty’s and you agree to cooperate with Lefty’s’ defense of these claims. Lefty’s will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
17. No Warranties; Disclaimers.
17.1 No Warranties.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LEFTY’S AND ITS AFFILIATES, CONTRACTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD-PARTY PARTNERS, LICENSORS AND SUPPLIERS (COLLECTIVELY, THE “LEFTYS PARTIES”) DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED WITH RESPECT TO THE LEFTY’S PRODUCTS, THE SITE AND THE OTHER LEFTY’S SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, LEFTY’S PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE LEFTY’S PRODUCTS, THE SITE OR ANY OF THE OTHER LEFTY’S SERVICES, WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE LEFTY’S PARTIES OR THROUGH THE SITE OR THE OTHER LEFTY’S SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
17.2 “As Is” and “As Available” and “With all Faults”.
YOU EXPRESSLY AGREE THAT THE LEFTY’S PRODUCTS, THE SITE OR ANY OF THE OTHER LEFTY’S SERVICES, ANY DATA, ASSESSMENTS, RESULTS, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT, THIRD-PARTY SITE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE OR ANY OF THE OTHER LEFTY’S SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
17.3 Site Operations and Content.
THE LEFTY’S PARTIES DO NOT WARRANT THAT THE DATA, RESULTS, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SITE OR ANY OF THE OTHER LEFTY’S SERVICES, OR ANY THIRD-PARTY SITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
EXCEPT AS SPECIFICALLY PROVIDED IN WRITING BY LEFTY’S, THE LEFTY’S PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE LEFTY’S PRODUCTS, THE SITE AND THE OTHER LEFTY’S SERVICES OR ANY THIRD-PARTY SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
17.5 Harm to Your Computer.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN CONTENT, INFORMATION, MATERIALS, ASSESSMENTS, RESULTS OR DATA THROUGH THE SITE OR ANY OF THE OTHER LEFTY’S SERVICES OR ANY THIRD-PARTY SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
18. LIMITATION OF LIABILITY AND DAMAGES.
18.1 Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, NEGLIGENCE, WILL THE LEFTY’S PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR PURCHASE OF THE LEFTY’S PRODUCTS, YOUR USE OR YOUR INABILITY TO USE THE SITE OR ANY OF THE OTHER LEFTY’S SERVICES OR ANY THIRD-PARTY SITE, OR ANY OTHER INTERACTIONS WITH LEFTY’S, EVEN IF LEFTY’S OR A LEFTY’S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, LEFTY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
18.2 Limitation of Damages.
IN NO EVENT WILL THE LEFTY’S PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE LEFTTS PRODUCTS OR YOUR ACCESS AND USE OF THE SITE OR ANY OF THE OTHER LEFTY’S SERVICES OR THESE TERMS, OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE GREATER OF (A) $25 AND (B) AN AMOUNT EQUAL TO THE TOTAL PURCHASE PRICE PAID BY YOU DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
18.3 Release for Disputes between Users.
If you have a dispute with any other Users (including any other Customer) or other third parties, you hereby release Lefty’s and the other Lefty’s Parties from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
18.4 Third-party Sites.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD-PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN LEFTY’S AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE LEFTY’S SERVICES OR RECEIVED THROUGH ANY THIRD-PARTY SITES.
18.5 Basis of the Bargain.
YOU ACKNOWLEDGE AND AGREE THAT LEFTY’S HAS OFFERED THE LEFTY’S PRODUCTS, THE SITE AND THE OTHER LEFTY’S SERVICES, SET ITS PURCHASE PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND LEFTY’S, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND LEFTY’S. LEFTY’S WOULD NOT BE ABLE TO OFFER THE LEFTY’S PRODUCTS OR AUTHORIZE YOU TO ACCESS AND USE OF THE SITE OR ANY OF THE OTHER LEFTY’S SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
18.6 Limitations by Applicable Law.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
19. Export Controls.
You agree not to import, export, re-export, or transfer, directly or indirectly, any of the Lefty’s Products or other Lefty’s Services or any underlying intellectual property, information or technology except in full compliance with all United States, foreign and other applicable export control laws and regulations.
Lefty’s may provide you with notices, including those regarding changes to these Terms, by email, regular mail or postings on any of the Lefty’s Services. Notice will be deemed given twenty-four hours after the email is sent, unless Lefty’s is notified that the email address is invalid. Alternatively, Lefty’s may give you legal notice by mail to a postal address, if provided by you through any of the Lefty’s Services. In such case, notice will be deemed given three days after the date of mailing. Notices posted on any of the Lefty’s Services are deemed given 30 days following the initial posting.
The failure of Lefty’s to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Lefty’s.
20.3 Dispute Resolution.
If a dispute arises between you and Lefty’s, the goal is to provide you with a neutral and cost-effective method of resolving the dispute quickly. Accordingly, you and Lefty’s agree that any dispute, claim or controversy at law or equity that arises out of these Terms, the Lefty’s Products, the Site, or the other Lefty’s Services (a “Dispute”) will be resolved in accordance with this Section 20.3 or as Lefty’s and you otherwise agree in writing. Before resorting to these dispute methods, Lefty’s strongly encourages you to first contact Lefty’s directly to seek a resolution.
Choice of Law. These Terms shall be governed in all respects by the laws of the State of Texas, without regard to its conflict of law provisions. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO ANY DISPUTE OR OTHERWISE IN CONNECTION WITH THESE TERMS OR ANY OF THE LEFTY’S SERVICES.
Arbitration and Class Action Waiver. PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.
ARBITRATION. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND LEFTY’S (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) IN CONNECTION WITH THESE TERMS OR ANY OF THE LEFTY’S SERVICES, INCLUDING WITHOUT LIMITATION YOUR RIGHTS OF PRIVACY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION AND YOU AND LEFTY’S HEREBY EXPRESSLY WAIVE TRIAL BY JURY. ANY ARBITRATION SHALL BE IN ENGLISH AND THE PLACE OF ARBITRATION SHALL BE AUSTIN, TEXAS. YOUR ARBITRATION FEES AND YOUR SHARE OF ARBITRATOR COMPENSATION SHALL BE GOVERNED BY SUCH RULES. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND LEFTY’S WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU MAY BRING DISPUTES ONLY ON YOUR OWN BEHALF.
Neither you nor Lefty’s will participate in a class action or class-wide arbitration for any disputes covered by these Terms to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST LEFTY’S INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Lefty’s is a party to the proceeding.
This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.
Judicial Forum for Disputes. In the event that the agreement to arbitrate under Section 20.3(b) is found not to apply to you or your claim, you and Lefty’s agree that any judicial proceeding (other than small claims actions) must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, the federal or state courts covering Austin, TX. Both you and Lefty’s irrevocably consent to venue and personal jurisdiction there. Notwithstanding the foregoing, Lefty’s may bring a claim for equitable relief in any court with proper jurisdiction.
Survival. This arbitration agreement will survive the termination of your use of the or any of the other Lefty’s Services or your relationship with Lefty’s.
30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in this Section 20.3 above by sending written notice of your decision to opt-out to firstname.lastname@example.org. The notice must be sent to Lefty’s within thirty (30) days of your use of any of the Lefty’s Services or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
Improperly Filed Claims. All claims you bring against Lefty’s must be resolved in accordance with this Section 20.3. All claims filed or brought contrary to this Section 20.3 shall be considered improperly filed. Should you file a claim contrary to this Section 20.3, Lefty’s may recover attorneys’ fees and costs up to $15,000, provided that Lefty’s has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
If any provision of these Terms (including any Policies) is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
20.5 Relationship of the Parties.
The parties agree that nothing in these Terms shall be construed as creating a joint venture, partnership, franchise, agency, employer/employee, or similar relationship between the parties, or as authorizing either party to act as the agent of the other. You are and will remain an independent contractor in your relationship to Lefty’s. Nothing in these Terms shall create any obligation between either party and a third party.
These Terms and related Policies, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Lefty’s without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
Upon termination of these Terms, your use of the Site, any of the other Lefty’s Services or your relationship with Lefty’s any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 2, 4.4 and 9 – 20.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
20.9 Entire Agreement.
20.10 No Agency.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
20.11 Geographic Restrictions.
Through the Agriculture Improvement Act of 2018 (also known as the “2018 Farm Bill”), the United States Congress removed any doubt remaining as to the federal legality of hemp. Lefty’s sources its hemp, defined by statute as Cannabis sativa L. with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3% on a dry weight basis, solely from farms in the United States in compliance with local and federal laws.
Lefty’s in not permitted to sell the Lefty’s Products in certain states. Before purchasing any Lefty’s Products, please check our availability page located at https://leftys.com/availability.
Lefty’s will not sell the Lefty’s Products outside of the United States.
Lefty’s is based in the state of Texas in the United States. Lefty’s makes no claims that accessing or using or that any of the Lefty’s Services or any of the content is accessible or appropriate outside of the United States. Accessing or using the Site or any of the other Lefty’s Services may not be legal by certain persons or in certain countries. If you access any of these Lefty’s Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Lefty’s with respect thereto.
20.12 Electronic Communications.
The communications between you and Lefty’s use electronic means, whether you visit the Site or the other Lefty’s Services or send Lefty’s e-mails, or whether Lefty’s posts notices on the Site or the other Lefty’s Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Lefty’s in an electronic form; and (b) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Lefty’s provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect your statutory rights.
The Lefty’s Products, the Site and the other Lefty’s Services are offered by Lefty’s LLC, 512 W. Martin Luther King Jr. Blvd., Suite 109, Austin, Texas 78701 and email: email@example.com.
If you are a California resident, you may have this same information emailed to you by sending a letter to Lefty’s LLC, 512 W. Martin Luther King Jr. Blvd., Suite 109, Austin, Texas 78701 with your email address and a request for this information.
California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.