These Terms and Conditions govern your access to and use of CBD Spas Near Me’s ("CBD Spas Near Me") owned and operated website, mobile application, text messaging service, email service, CBD Spas Near Me-branded social media, and any CBD Spas Near Me online platform ("Online Services").

By accessing CBD Spas Near Me' Online Services, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you should not use CBD Spas Near Me' Online Services.

THIS AGREEMENT CONTAINS A MANDATORY DISPUTE RESOLUTION PROVISION THAT REQUIRES THE USE OF PUBLIC UTILITIES COMMISSIONS OR ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Device Compatibility

Our Online Services function on certain devices and operating systems. You acknowledge that your operating system and future operating system upgrades to your device may or may not be compatible with our Online Services. You are solely responsible for all message and data charges that you incur. Please contact your mobile service provider about such charges.

Service Fees and Additional Charges

You are responsible for any and all telephone and/or mobile carrier access fees, text messaging fees, data usage fees, and/or Internet service fees that may be assessed by your telephone, mobile carrier, and/or Internet service provider as a result of using any of CBD Spas Near Me' Online Services.

My Account Management Usage Agreement

You may use the CBD Spas Near Me online Account system ("My Account") only if you are a customer of CBD Spas Near Me and have agreed to participate in My Account by properly registering username and password consistent with these Terms and Conditions. My Account may be accessed by certain Online Services, including CBD Spas Near Me' website and mobile application.

My Account Management Service

My Account allows you to access Online Services specific to your CBD Spas Near Me account(s). Online Services under the My Account umbrella include online billing and payment information/services, as well as other account-related information and analysis tools. CBD Spas Near Me may add additional Online Services to My Account, as appropriate, in the future.

CBD Spas Near Me reserves the right to modify or discontinue any or all services or features of My Account at any time, without notice, or to offer specific programs only to customers meeting applicable qualifications. Subject to satisfying the qualifications for a particular program, you may elect to use one or more of the features available without being obligated to use them all.

Customer Requirements

Specifically, by participating in My Account you agree that:

You are subject to these Terms and Conditions until such time that your My Account, including all its Online Services, is discontinued. By clicking the “Register” button when registering for My Account, you are confirming that you accept these Terms and Conditions (including any future modifications thereof) as a pre-condition to access to My Account. When you meet the above requirements, you will receive an email message from CBD Spas Near Me confirming your registration in My Account.

Password Guidelines

The unique username and password (collectively, "Password") selected by you to access My Account must be held on a confidential basis. Authorized Guest Users, or unauthorized users with your Password will have access to My Account and all the services available within the account. One of the terms and conditions of this agreement is that you are solely responsible for any claims, losses, damages, expenses and costs incurred by the use of your Password by others, or any authorized Guest Users. You are solely responsible for maintaining the privacy and usage of the Password against improper disclosure. CBD Spas Near Me reserves the right to reset any Passwords.

If you have forgotten or lost your Password, online services are available to assist you in resetting it. If you need assistance, contact CBD Spas Near Me by email or by calling Customer Solutions at 877-860-6020, Monday-Friday 7 a.m. - 6 p.m. PST (excluding holidays).

Emails from CBD Spas Near Me

By registering for My Account, you agree to receive automatic email notifications related to Online Services, My Account and/or your product account. Additionally, you may receive notifications via email regarding construction and maintenance updates, activities pertaining to our programs or services, providing surveys to help improve our customer service, notifying customers of special events, sharing product information, and providing marketing and offers related to our products and services that may be of interest to you.

Contact Information

As a My Account user, it is your responsibility to ensure that the contact and other required information in your user profile is current and accurate, and updated promptly if necessary, including your name, address, phone number and email address. Changes can be made within the My Account service or by contacting CBD Spas Near Me via email or calling Customer Solutions at 877-860-6020, Monday-Friday 7 a.m. - 6 p.m. PST (excluding holidays).

Discontinuing My Account (online account access)

Discontinuing My Account will no longer allow you access to online services specific to your CBD Spas Near Me account(s).

 

Automatic Payment Plan (Subscription)

Program Qualifications and Restrictions

Customers are eligible for enrollment in CBD Spas Near Me' Automatic Payment Plan ("Subscription") if the following requirements are met:

You must have a current/valid debit and/or credit card at a financial institution where the payment will be withdrawn.

Your CBD Spas Near Me account must be an active account and your account must not have been removed from My Account by CBD Spas Near Me in the past twelve (12) months.

Your Commitment to Us

It is your responsibility to:

Ensure there are sufficient funds available in your checking or savings account to meet each withdrawal on the due date. If there are insufficient funds in your account, your financial institution and CBD Spas Near Me may charge you a fee and/or interest. You are solely responsible for paying any fee and/or interest charged by your financial institution or CBD Spas Near Me. Check your account statement to verify that the amounts debited from your account are correct.

Advise us if the payment account is transferred or closed, or if the account details change no later than two (2) business days before the debit date.

Arrange an alternate payment method if you cancel the scheduled withdrawal.

Payment Obligations

On your due date, our third-party vendor will deduct your Subscription payment from the payment account you designate. Your billing statement will indicate that it is being paid through My Account when this service is activated. In the event that CBD Spas Near Me makes a billing adjustment to the account, CBD Spas Near Me will cancel the withdrawal and establish a new withdrawal for the amount and due date as indicated on the revised bill.

If two requests are returned for insufficient funds, you may be excluded from using the My Account to make payment. If you need to update your checking or savings account information, you can do so online through My Account. However, to the extent this information requires updating, and such updates are not made prior to the applicable payment deadline (as discussed in detail above), all applicable additional charges, including, but not limited to, late fees, may be assessed. If the transaction is refused by your financial institution for any reason, including, but not limited to, insufficient funds, closed account, or unauthorized account, CBD Spas Near Me will not be able to process your payment. Your CBD Spas Near Me account may be subject to additional charges if your payment is rejected, reversed or refused by your financial institution.

Cancellation

To cancel a My Account withdrawal, you will need to notify CBD Spas Near Me at least two (2) business days before the transaction is scheduled to occur.

Termination

Participation in CBD Spas Near Me' My Account (Subscriptions) is completely optional. We reserve the right to discontinue accepting My Account payments at any time, for any reason without prior notice. We may send notification of termination of My Account any time after the termination is effective. We also may temporarily discontinue accepting My Account (Subscription) payments, within our sole discretion. Termination does not affect your rights and obligations for My Account payments prior to termination.

These Terms and Conditions do not supersede, modify or in any way mitigate your obligation to be bound by and comply with the CBD Spas Near Me My Account Terms and Conditions.

Address Changes

It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to; name, address, phone number(s) and email address(es). Changes can be made either within the application or by contacting Customer Solutions.

Information Verification

You agree that the information you provide to CBD Spas Near Me can go through a verification process.

Online Payment

Program Qualifications and Restrictions

Customers are permitted to utilize CBD Spas Near Me' Online Payment service ("Online Payment") via My Account if the following requirements are met:

You must have a current/valid U.S. bank account at a financial institution, or a valid credit or debit card where the payment will be withdrawn. Payments will be withdrawn by our third-party vendor on the date specified.

Your CBD Spas Near Me account must be active or have a balance owing.

Customer Requirements

By clicking the “Submit” on the CBS Spas Near Me website, you are confirming that you accept these Terms and Conditions (and any future modifications thereof) and agree that paying by Online Payment, you authorize your financial institution and CBD Spas Near Me to initiate debit(s), credit(s) or correction entries for such payments. Your acceptance of these Terms and Conditions is an affirmative representation that you have all necessary rights, power and authority to authorize each such payment and that you will take such steps as your financial institution requires to make such authorization.

Your Commitment to Us

It is your responsibility to:

Ensure there are sufficient funds available in your checking or savings account to meet each scheduled Online Payment. If there are insufficient funds in your account, your financial institution and CBD Spas Near Me may charge you a fee and/or interest. You are solely responsible for paying any fee and/or interest charged by your financial institution or CBD Spas Near Me. Check your bank account statement to verify that the amounts debited from your account are correct. Any overpayments resulting in a credit balance cannot be refunded but will be applied as a credit on your CBD Spas Near Me account. Requests for refunds due to overpayment should be directed to your financial institution which may charge a fee associated with the refund request.

Unauthorized or Disputed Payments

If you believe that someone has made an unauthorized payment through Online Payment without your permission, contact your financial institution immediately. You are solely responsible for any unauthorized payments, although your financial institution may provide some form of fraud protection.

In case of disputes or questions about your Online Payment, contact CBD Spas Near Me by email  or by calling Customer Solutions at 877-860-6020, Monday-Friday 7 a.m. - 6 p.m. PST (excluding holidays). CBD Spas Near Me must hear from you within sixty (60) days after the first bank statement on which the problem appeared was sent to you. Please provide your name and CBD Spas Near Me account number, describe the error or transfer about which you are unsure, why you believe there is an error, and the dollar amount of the suspected error.https://www.cbdspasnearme.com/en/contact-us

CBD Spas Near Me will inform you as to the result of the investigation within ten (10) business days after CBD Spas Near Me hears from you and will correct any error promptly. If more time is needed, however, CBD Spas Near Me may take up to forty-five (45) days to investigate your complaint or questions. If no error is found, CBD Spas Near Me will contact you within three (3) business days after the investigation is completed.

Location-Based Services

CBD Spas Near Me provides location services, within its website, that enable a customer's geo location to be determined. Please see our Privacy Policy for information on what location-based data we collect as a result of use of our location-based services.

Location services are an integral part of certain CBD Spas Near Me services, enabling customers' device location information to be associated with Spa Services and or products as well as alerts, status and service request updates.

The device and/or software application on the device will allow the customer to enable or disable location services.

The following terms of use apply for location services:

• In order for the location-based aspect of a service to operate correctly, CBD Spas Near Me, or a third-party vendor, must be permitted to communicate with your phone/tablet and or computer. By doing so, CBD Spas Near Me will attempt to identify your location. This may require the collection, use and sharing, among other things of precise coordinate data, including real time geographic location of your device with CBD Spas Near Me partners, licensors and licensees, in accordance with the terms as set out in our Privacy Policy. The subject location information is captured when the customer uses location services and will not be used outside of the customer's use of the location service.
• You expressly agree, by using location services, that you authorize CBD Spas Near Me, to collect and use your location data as a part of CBD Spas Near Me' services. Where applicable, you may at any time disconnect your device from the location-based aspect of the services.
• CBD Spas Near Me does not represent that its location services are suitable for emergency situations and should not be relied upon as such. CBD Spas Near Me shall not be liable for any reliance placed by an individual on its locational services, especially in the event of death or serious injury.
• You accept that the service accuracy of the location information can vary depending on your situation, i.e. city versus country location.
• You shall be responsible for managing the processing, use and security of location information. You must use the location service associated location information within the law and acknowledges that the collection and use of sensitive personal data using location information is subject to relevant privacy and data protection laws.
• Where CBD Spas Near Me has reasonable grounds for suspecting misuse of the location service or failure by the customer to either follow such instructions or adhere to CBD Spas Near Me' Terms and Conditions may result in CBD Spas Near Me suspending the location service, and for repeated misuse or failures may result in location service being withdrawn.

Push Notifications

We may provide you with push notifications, alerts and other messages related to the website and/or CBD Spas Near Me' products and/or services. Upon using CBD Spas Near Me' website, you agree to have push notifications/alerts that can automatically be sent to you. If you no longer wish to receive push notifications/alerts from the mobile application, you may opt out by changing the notification settings on your mobile device.

 

Electronic Mail (Email) and Fax Communication

The information in electronic mail (email) or fax communication and from CBD Spas Near Me may contain confidential information, which is the property of the sender. Email or online communication from CBD Spas Near Me is intended solely for the addressee and access by anyone else is not authorized. If you are not the intended recipient, you are hereby notified that any disclosure, copying, or distribution of the contents of an email or online transmission from CBD Spas Near Me or the taking or omission of any action in reliance thereon or pursuant thereto, is prohibited, and may be unlawful. If you receive an email or online transmission from CBD Spas Near Me in error, please notify us immediately by email and destroy the communication, any attachments, and all copies thereof. CBD Spas Near Me does not guarantee the privacy or security of information transmitted by electronic communication or other unsecure electronic means (including email). By choosing to send or receive information, including confidential or personal identifying information, via electronic communication or unencrypted email, you consent to accept any associated risk.

Billing/Payment Email Notifications

You can opt in or opt out of additional email notifications regarding payment reminders and your bill status, by going to the "Notification Preferences" in the "Settings" menu at https://My Account.cbdspasnearme.com or via the Notification Preferences section of the CBD Spas Near Me mobile app.

Failure to deliver billing or payment reminders does not modify or absolve your payment obligations. In the event you do not receive a payment reminder, it is your responsibility to log into My Account and check on your paperless bills and account balance(s).

Changes made to your "Billing/Payment Notification Preferences" do not affect your enrollment status in paperless billing and will not change the email address associated with your My Account, nor prevent CBD Spas Near Me from sending email communications related to your My Account.

 

Text Message-Specific Terms and Conditions

Your access to, and use of, the mobile communication tools and text messaging services (collectively, "CBD Spas Near Me text service") is subject to these Terms and Conditions and all applicable laws and regulations. By opting in to text notifications on My Account web or mobile, accessing and using SMS or MMS texting, entering prompts to opt in and/or providing verbal consent to a CBD Spas Near Me customer service representative, you accept, without limitation or qualification, these Terms and Conditions.

CBD Spas Near Me offers access to account information, billing and payment notifications, service related information (e.g., threatened interruptions of service, actual interruptions of service, and service restoration information), programs, and product messages via recurring SMS, MMS text alerts, and pre-recorded and auto-dialed calls. Enrollment in our text alerts service is limited to CBD Spas Near Me customers and their authorized designees. Enrollment requires a customer (or their designee) to provide his or her own mobile phone number with an area code within the 50 United States or the District of Columbia. By enrolling in our text alerts service, you agree to these Terms and Conditions, which become effective immediately upon your enrollment.

You acknowledge that text alerts will be sent to the mobile phone number you provide to the Company. Such text alerts may include limited personal information about your account. You acknowledge that anyone with access to your mobile phone or carrier account will also be able to see this information. Once you enroll, the frequency of text alerts we send to you will vary. You will typically receive text alerts when we have information for you about your account and/or marketing offers and promotions. 

To manage your text notification preferences and contact information, go to your "Notification Preferences" in the "Settings" menu at https://My Account.cbdspasnearme.com or the Notification Preferences section of the CBD Spas Near Me website.

Participation in our text alerts service is not required to access CBD Spas Near Me services..

You acknowledge and understand that messages are sent without encryption, which presents some security risk.

Termination

You may opt out of the CBD Spas Near Me text alerts service at any time. To stop receiving Company text alerts, text STOP to the number upon which you are receiving Company text alerts. Texting STOP to the number you are receiving Company text alerts from will opt you out of any and all future Company text messages. Alternatively, you may opt out of our text alerts service by managing your Notification Preferences at https://My Account.cbdspasnearme.com or calling the Company's Customer Solutions Department during business hours at 877-860-6020.

After you submit a request to unsubscribe, you will receive one final text alert from Company confirming that you will no longer receive Company text alerts. No additional Company text alerts will be sent unless you reactivate your enrollment to the CBD Spas Near Me text alerts service by texting START to the number upon which you are receiving Company text alerts or by managing your Notification Preferences at https://My Account.cbdspasnearme.com.

The Company reserves the right, in its sole discretion, to cancel or suspend any or all SMS texting, MMS texting, and/or pre-recorded and auto-dialed calls in whole or in part, for any reason, with or without notice to you.

Texting Commands

For questions about our text alerts service, text the word HELP to the number you are receiving Company text alerts from. Company text alerts may come from short codes and the Company may change, add or remove short codes as necessary.

No Warranties

CBD Spas Near Me' TEXT ALERTS SERVICE IS OFFERED ON AN "AS IS" BASIS AND: (1) MAY NOT BE AVAILABLE IN ALL AREAS AT ALL TIMES; AND (2) MAY NOT CONTINUE TO WORK IN THE EVENT OF PRODUCT, SOFTWARE, COVERAGE OR OTHER SERVICE CHANGES MADE BY YOUR WIRELESS CARRIER. THE COMPANY MAY CHANGE OR DISCONTINUE ANY PORTION OF ITS TEXT ALERTS SERVICE WITHOUT NOTICE OR LIABILITY TO YOU.

THE COMPANY RESERVES THE RIGHT TO CEASE DELIVERY OF TEXT ALERTS TO ANY PERSON AT ANY TIME IN ITS SOLE DISCRETION.

WE DO NOT GUARANTEE THAT THE USE OF SMS TEXTING, MMS TEXTING, OR AND PRE-RECORDED AND AUTO-DIALED CALLS WILL MEET YOUR PERFORMANCE REQUIREMENTS OR BE UNINTERRUPTED OR ERROR-FREE. WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE USE OR RESULTS OF USE IN TERMS OF SECURITY, DATA PRIVACY, DATA LOSS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE WILL NOT CORRECT ANY ERRORS RELATED TO YOUR USE OF SMS TEXTING, MMS TEXTING, OR AND PRE-RECORDED AND AUTO-DIALED CALLS. YOU ASSUME ALL RISKS AS TO THE QUALITY AND PERFORMANCE OF SMS AND MMS TEXTING, INCLUDING BUT NOT LIMITED TO HEALTH RISKS. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DEATH, PERSONAL INJURY, OR ENVIRONMENTAL DAMAGE YOU CAUSE TO YOURSELF, OR OTHERS, BY YOUR USE OF SMS TEXTING, MMS TEXTING, OR PRE-RECORDED AND AUTO-DIALED CALLS.

SMS TEXTING, MMS TEXTING, AND ALL PRE-RECORDED AND AUTO-DIALED CALLS ARE PROVIDED TO YOU "AS IS," AND TO THE EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. NO STATEMENTS FROM THE COMPANY OR ITS EMPLOYEES, DEALERS OR AGENTS MAY INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. IF THIS DISCLAIMER IS INVALID UNDER APPLICABLE LAW, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST USE OUR TEXT ALERTS SYSTEM.

Limitation on Liability

YOU AGREE THAT THE COMPANY AND ITS PARENT AND SUBSIDIARY COMPANIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LOWER-TIERED CONTRACTORS, CONSULTANTS, LICENSORS AND SUPPLIERS ARE NOT RESPONSIBLE AND SHALL NOT BE LIABLE FOR ANY LOSSES OR INJURIES OF ANY KIND RESULTING, DIRECTLY OR INDIRECTLY, FROM OUR TEXT ALERTS SERVICE OR FROM TECHNICAL FAILURES OR DELAYS OF ANY KIND. THIS AGREEMENT OF NON-LIABILTY EXTENDS TO ALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, AND EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES, RESULTING FROM THE OPERATION, USE, OR THE INABILITY TO USE OUR TEXT ALERTS SERVICE, FROM THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY REGARDING SMS TEXTING, MMS TEXTING OR PRE-RECORDED AND AUTO-DIALED CALLS, OR ANY OTHER MATTER RELATED TO SMS TEXTING, MMS TEXTING OR PRE-RECORDED AND AUTO-DIALED CALLS.

Other Terms and Conditions

CBD Spas Near Me has no responsibility for any failure or error in its Online Services and/or My Account, including without limitation, any interruption, omission, mistake, malfunction or delay related thereto. CBD Spas Near Me makes no representation that any data posted is suitable for any particular purpose or use. You should not assume that the information within the Online Services is constantly updated or otherwise includes recent information. All information contained in the Online Services is provided "as is" and "as available," although CBD Spas Near Me will use its reasonable efforts to post the best data that is readily available. Some of the information presented within the Online Services is based on estimates and projections. CBD Spas Near Me reserves the right in its sole opinion to prevent any user from accessing its Online Services in connection with the Online Services.

The Online Services will be operated and used at all times subject to applicable laws, rules, regulations and decisions of federal and state governmental authorities having jurisdiction, as in effect from time to time, including without limitation, the applicable public utilities commission.

Any dispute related to the Online Services shall be resolved pursuant to the laws of the State of Nevada, without reference to its principles on conflicts of laws.

Your use of the Online Services does not provide any legal right or interest in any intellectual property used in connection therewith, or derived there from or any text or other content posted in connection therewith, including without limitation any copyright, for which all rights are reserved by CBD Spas Near Me.

Use of the Online Services, and any CBD Spas Near Me service accessed, is at your sole risk. Although CBD Spas Near Me has endeavored to create a secure and reliable service, the confidentiality or security of any communication transmitted or accessible over the internet cannot be guaranteed. CBD Spas Near Me does encrypt your personal information on our systems and in transmission and complies with all applicable laws in handling such information. Accordingly, CBD Spas Near Me and its affiliates are not responsible for the security of any information transmitted or accessed using the internet. Actual or attempted unauthorized use of the Online Services may result in criminal and/or civil prosecution.

CBD Spas Near Me' use of your information shall be in accordance with CBD Spas Near Me' Privacy Policy which may be viewed at https://www.cbdspasnearme.com/en/privacy-policy. We may share information we collect about you, with outside companies that are assisting us with servicing your account. Our agreements with these outside companies (service providers) require that they protect this information; they are only authorized to use such information to carry out the services they are performing for CBD Spas Near Me.

CBD Spas Near Me shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by CBD Spas Near Me. No delay or omission on the part of CBD Spas Near Me in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

CBD Spas Near Me reserves the right to change any terms and conditions of the Online Services. You can review the most current version of the applicable terms and conditions at any time by visiting https://My Account.cbdspasnearme.com/content/terms. Updates or changes to the terms and conditions of the Online Services will be effective when posted on this site. Your continued use of this site or any services provided hereunder after any changes in such terms and conditions shall constitute your consent to such changes. CBD Spas Near Me reserves the right to change, modify or discontinue, temporarily or permanently, the site or any portion thereof, without notice. You agree that CBD Spas Near Me shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Online Services.

Additional terms and conditions may apply to a specific service provided hereunder

These Terms and Conditions do not supersede, modify or in any way mitigate your obligation to be bound by and comply with all applicable tariffs, rules and regulations related to your service.

CBD Spas Near Me SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR THE LOSS OF PROFIT, REVENUE OR DATA WHICH ARISE FROM OR IS RELATED TO THE USE OF THE ONLINE SERVICES PROVIDED TO YOU THEREUNDER. IN ADDITION, YOU AGREE TO INDEMNIFY AND HOLD CBD Spas Near Me HARMLESS FROM ANY ACTIONS, CLAIMS, DAMAGES, LIABILITIES OR LOSSES ARISING FROM OR RELATED TO THE USE OF THE ONLINE SERVICES.

Dispute Resolution

• ALL DISPUTES ARISING OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU, ON THE ONE HAND, AND THE COMPANY, ITS PARENT OR SUBSIDIARY COMPANIES, ITS SUPPLIERS OR ITS VENDORS, ON THE OTHER HAND, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING RESOLUTION BEFORE THE CALIFORNIA PUBLIC UTILITIES COMMISSION, THE PUBLIC UTILITIES COMMISSION OF NEVADA, OR THE ARIZONA CORPORATION COMMISSION, AS APPLICABLE. YOU AGREE THAT CBD Spas Near Me AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY DISPUTE UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
• TO THE EXTENT THE FOREGOING CLAUSE IS DETERMINED TO BE INVALID OR UNENFORCEABLE BY A COURT, THEN IN THAT EVENT, AND EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU, ON THE ONE HAND, AND THE COMPANY, ITS PARENT OR SUBSIDIARY COMPANIES, ITS SUPPLIERS OR ITS VENDORS, ON THE OTHER HAND, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT CBD Spas Near Me AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
• Any arbitration conducted pursuant to Paragraph "B" of this section will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (currently available at https://www.adr.org/aaa/faces/rules/searchrules/rulesdetail?doc=ADRSTAGE2021424 ), as amended by this Agreement. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, the Company will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitrator's decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief, or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. With the exception of any of the language above in this paragraph B of the Dispute Resolution provision relating to the waiver of class and representative actions, if a court decides that any part of this Dispute Resolution provision is invalid or unenforceable, the other parts of this Dispute Resolution provision shall still apply. If a court decides that any aspect of the language above in this paragraph B of the Dispute Resolution provision relating to the waiver of class and representative actions is invalid or unenforceable, then the entirety of this Dispute Resolution provision shall be null and void. The remainder of the Agreement will continue to apply and be unaffected by this severability provision.
• Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us on your behalf.

Attorney's Fees

You and the Company agree that should legal proceedings be commenced concerning any provision of these Terms and Conditions or relative to the subject matter hereof, no party shall be entitled to an award of costs and attorney's fees incurred in connection with the prosecution or defense of such action.

The Company does not and will not collect nor sell your personal information for commercial purposes to third parties nor disclose your personal information to third parties for the purpose of telemarketing, email or direct mail solicitation. To submit a formal request to opt out of any potential future sale of personally identifiable information the Company has collected or will collect about you, please send an email including your full name (as it appears on your CBD Spas Near Me account), service address, and your full account number to optout@cbdspasnearme.com.

California Consumer Privacy Act (“CCPA”) - NOTICE AT COLLECTION

Under the CCPA, CBD Spas Near Me is required to notify you of the personal information we collect about you online and offline and why we collect it, upon request. This notice applies solely to customers, users, and others who reside in the state of California. A list of the categories of personal information we may collect about you and how we use such information can be found in our CCPA Privacy Policy on our website at https://www.cbdspasnearme.com/ccpa.

I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.