Terms and Conditions

Last updated: July 3, 2019

Kindly read these Terms and Conditions (these”Terms”) carefully before using the www.kaleidoscopelabs.com website (the “Site”) operated by Full Spectrum Corp. (“us,” “we,” or”our”). Your access to and use of the Site is conditioned upon your acceptance of and compliance with these Terms, which apply to all visitors, users, and others who wish to access or use the Site.

Simply put, by accessing or using the Site you agree that you’ve read these Terms and agree to be bound by them. If you haven’t read these Terms or you disagree with any part of them, you don’t have permission to access the Site.  

ARBITRATION NOTICE: THESE TERMS CONTAINS AN ARBITRATION CLAUSE.  PLEASE READ THIS CLAUSE CAREFULLY AS YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Access to and Use of the Site Generally

We grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Site for personal and non-commercial purposes only, strictly in accordance with these Terms.  We reserve and retain the entire right, title, and interest in and to the Site, including, but not limited to, the Site’s content, all copyrights, trademarks, and other intellectual property rights therein or relating thereto (as more fully described below), except as may be expressly granted to you these Terms.

We’ve restricted our Site to adults 21+ years of age, meaning you must be 21 years or older to use the Site. Stated differently, you’re not allowed to accessor use the Site for any reason if you’re under 21 years of age (sorry). When you access or use the Site, you’re representing and warranting to us that you are at least 21 years of age. Because we set an age restriction on the Site, the information obtained by the Site falls outside of the scope of Child Online Privacy Act (COPA).

We suggest that you visit these Terms from time to time as we reserve the right, in our sole discretion, to change, modify, or replace them at any time.  Your access or use of the Site after changes to these Terms have been made constitutes your acknowledgement of and consent to such changes. If you do not agree to such changes, you are no longer authorized to access or use the Site.

Also know that by accessing and using the Site you’re agreeing to be on good behavior, meaning that you’ll only use the Site only for lawful purposes and won’t undertake any other activity forbidden by these Terms.

Accounts

When you create an account with us, you guarantee that the information you’re providing to us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Site.

Once you register for an account you’ll receive a password and sign-on information. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with the Site or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

Communications / Opt Out

By creating an account on the Site, you’re agreeingto subscribe to newsletters, marketing, or promotional materials and other information we may send from time to time. However, you can opt out of receiving any, or all, of these communications from us by following the “unsubscribe” link or instructions provided in any email we send or contacting us at support@kaleidoscopelabs.com.  Understand that even if you do opt out of receiving these types of communications from us, we still reserve the right to send you other communications relating to your account or your access or use of the Site (i.e. administrative and service announcements).

Purchases

If you wish to purchase any product or service made available through the Site (“Purchase”), you ‘ll beasked to supply certain information relevant to your Purchase, such as your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

By placing a Purchase you’re representing and warranting to us that (i) you have the legal right touse the credit card you’re using for such Purchaseand (ii) the information you supply to us is true, correct, and complete.

The Site uses third party services for the purpose of facilitating payment and the fulfillment and/orcompletion of Purchases. By submitting your information in connection with a Purchase, you grant us the right to provide the information to these third parties, subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including, but not limited to,product availability, errors in the description or price of products, an error in your order, if fraud or an unauthorized or illegal transaction is suspected, or for other reasons as determined in our sole discretion.

Content

Information, text, graphics, videos, links, and other materials (collectively “Content”) found on or through the Site is either our property or used by us with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, create derivative works of, or otherwise use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

We don’t currently allow you to post, link, store, share, or otherwise make available Content on the Site.  If in the future we allow for this, we’ll update this section and you will be responsible for the Content that you post on or through the Site, including its legality, reliability, and appropriateness, as further defined at such time.

Availability, Errors and Inaccuracies

We constantly update the Site and the information in it, which may translate to delays on the Site and in our advertising on other websites. Information found on the Site may contain errors or inaccuracies and may not be complete or current. For example, products may be mispriced, described inaccurately, or unavailable, and we cannot guarantee the accuracy or completeness of any information found on the Site. Accordingly, we reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice to you.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Site infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to dmca@kaleidoscopelabs.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims.” You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Site on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You’re able to submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest; • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; • identification of the URL or other specific location on the Site where the material that you claim is infringing is located; • your address, telephone number, and email address; • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our us regarding copyright and/or DMCA matters via email at dmca@kaleidoscopelabs.com.

Intellectual Property

The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries. The Site, its Content, features, and functionality are and will remain our exclusive property or that of our licensors. Under no circumstances are you allowed to use our name, logos, trademarks, trade dress, or trade names in connection with any product or service that could reasonably give the impression that someone elsehas the right to display, publish, or distribute the Site or Content.

Links To Other Web Sites

The Site may contain links to third party web sites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. We don’t warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that we’re not responsible or liable (directly or indirectly) for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.

Account Termination

We may terminate or suspend your account and end your access to the Site immediately, without prior notice or liability, in our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms. If you wish to terminate your account, you may simply discontinue using the Site or contact us to do so. All provisions of the Terms that by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Coupons, Discount Codes, Promotions

From time to time we may sponsor coupons, discount codes, and other promotions on the Site (collectively “Promotions”) and such Promotions may be governed by rules that are separate from these Terms. If you participate in any Promotion, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Indemnification

You agree to defend, indemnify and hold harmless Full Spectrum Corp., our subsidiaries, our respective directors, officers, employees, partners, agents, suppliers, contractors, and affiliates (collectively “Our Parties”) and our licensees and licensors, and theirrespective directors, officers, employees, partners, agents, suppliers, contractors, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (a) your use and access of the Site, by you or any person using your account and password, (b) a breach of these Terms, or (c) Content posted on the Site.

Limitation Of Liability

In no event will we or Our Parties be liable for any actual, consequential, indirect, incidental, special, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, whether based on warranty, contract, tort (including negligence) or any other legal theory, regardless of whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.  IN NO EVENT WILL THE TOTALLIABILITY OF US AND OUR PARTIES EXCEED THE LESSER OF $100 OR THE AMOUNT YOU HAVE PAID US FOR THE PRODUCT OR SERVICE THAT GAVE RISE TO SUCH LIABILITY.

Some jurisdictions do not allow the exclusion to liability for consequential or incidental damages, so the limitations above may not apply to you.

Disclaimers

Medical Disclaimer

The information and Content on the Site (collectively the “Site Info”) are not intended as medical advice, diagnosis, or treatment.  Under no circumstances should you use the Site Info, or the information provided to you by any of our representatives, or the information contained in any materials we produce, as an alternative to professional medical advice, diagnosis or treatment. All of the Site Info is current as of the day it’s posted and we are not under anyobligation to update the Site Info after it’s posted or to remove Site Info if it’s out of date or incomplete.

Talk to your health care professional about any medical questions you might have and before you incorporate any supplements into your lifestyle or daily routine. Don’t use our products if you’re pregnant or nursing. Seek medical attention if you think you may be suffering from any medical condition.

The FDA has not evaluated any information or statements regarding supplements contained on theSite, and any such information/statements and are not intended to diagnose, treat, cure, or prevent any disease.

Products are not for use by or sale to anyone under 21 years of age.

THC Disclaimer

State and federal law requires that the amount of tetrahydrocannabinol (“THC”) in our products never exceeds 0.3% concentration by weight.  Despite this legally-permissive trace amount of THC, it’s possible that someone could fail a traditional drug test after using our products. Accordingly, we make no promises about your ability to pass a drug test. When you agree to these Terms and place an order with us, you (i) represent and warrant that you understand thepossibility of failing a drug test after using our products and (ii) waive your right to make anyclaim against us for any matters stemming from any drug test you take or the results of any such drug test.

Additional Disclaimers

Your use of the Site is at your sole risk. The Site andthe products, services, and information on the Site, are provided (i) on an “AS IS” and “AS AVAILABLE” basis and (ii) without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Neither Full Spectrum Corp., nor Our Parties, nor our licensees nor licensors warrant that (a) the Site will function uninterrupted, secure or available at any particular time or location, (b) any errors or defects on the Site will be identified and/or corrected, (c) the Site is free of viruses or other harmful components, (d) the results of using the Site or the products,services, or information on the Site will meet your requirements, or (e) the information on the Site iscorrect, accurate, adequate, useful, timely, reliable or otherwise.

The remedies of these Terms are exclusive.  Wedisclaim all other remedies and you irrevocably waive the right to seek all other remedies.

Some jurisdictions do not allow the exclusion of warranties or extent of limitations, so the above may not apply to you.

Taxes, Payment, Shipping

We’re not responsible for any taxes, tariffs, or customs (collectively “taxes”) applied to your order and any such taxes are your responsibility.  Whether you’re charged sales tax depends on your location and items in your order, and any tax to which you might be subject will be estimated for you at checkout.

All prices, fees, taxes, and other charges for products and services offered on the Site are payable in U.S. dollars.

We use a third party payment processor who accepts payment via Visa, MasterCard, American Express, and Discover card. Orders are shipped only after receipt of full payment.

Governing Law

These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions.

Compliance with Applicable Laws

Our products are not necessarily legally available in the place from which you’re accessing and using the Site. We believe we’re abiding by state and federal laws regarding industrial hemp, but we don’t know the laws and regulations of your local jurisdiction. ACCORDINGLY IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE WHETHER THE PRODUCT YOU’RE ORDERING THROUGH THE SITE OR A WEBSITE LINKED TO THE SITE IS LEGAL UNDER THE PARTICULAR LAWS THAT GOVERN YOU. CONTACT YOUR LOCAL OR STATE AUTHORITY IF YOU’RE NOT CERTAIN. WHEN YOU PLACE AN ORDER THROUGH THE SITE YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTAND THIS DISCLAIMER AND WILL USE THE PRODUCTS IN A LAWFUL MANNER. We are not responsible for any potential legal matters that may arise due to your failure to abide by the above.  

Arbitration, Class-Action Waiver, Jury Waiver

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN YOU AND US THROUGH BINDING INDIVIDUAL ARBITRATION.

You agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms will be resolved by binding arbitration on an individual basis, except that you are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.  To be clear: the phrase “all claims and disputes” also includes claims and disputes that arose between us before the effective date of these Terms.

The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision.  Arbitration will be initiated through the New York, New York office of JAMS and will be governed by its then-existing Comprehensive Arbitration Rules & Procedures.  If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.  The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms.  The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $5000 USD may be resolved through binding non-appearance-based arbitration, if available and at the option of the party seeking relief.  For claims or disputes where the total amount sought is $5000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

If non-appearance arbitration is available and elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration.  The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.

In the event of arbitration, each party will bear its own attorneys’ fees, cost and disbursements arising out of the arbitration, and will pay an equal share of the fees and costs of the arbitrator and JAMS; however, the arbitrator may award to the prevailing party reimbursement of its reasonable attorneys’ fees and costs (including, for example, expert witness fees and travel expenses), and/or the fees and costs of the arbitrator.

The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and us.  The dispute will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute.  The arbitrator will be authorized to award compensatory damages, but will NOT be authorized to award for non-economic damages such as, but not limited to, emotional distress, or pain and suffering or punitive or indirect, incidental or consequential damages.  The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon each of us.

EACH OF USE WAIVES ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.  We are instead electing to have claims and disputes resolved by arbitration.  Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court.  In any litigation between you and us over whether to vacate or enforce an arbitration award, you WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS.  CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.  If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth below.

Any rights and limitations related to arbitration and set forth in these Terms may be waived by the party against whom the claim is asserted.  Such waiver will not waive or affect any other portion of these Terms.

You may opt out of this arbitration clause.  If you do so, neither you nor us can force the other to arbitrate.  To opt out, you must notify us in writing no later than 30 days after first becoming subject to these Terms.  Your notice must include your name and address, your username and the email address you used to set up your account, and an unequivocal statement that you want to opt out of this arbitration clause of these Terms.  You must mail your opt out notice to: Kaleidoscope Labs, Arbitration Opt Out, PO Box 130316, New York, NY 10013.  

Notwithstanding the foregoing, either you or us may bring an individual action in small claims court.

This arbitration clause will survive the termination of your relationship with us.  If this arbitration clause is invalidated in whole or in part, you and we agree that the exclusive jurisdiction and venue described above will govern any claim in court arising out of or related to these Terms.

Miscellaneous

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision or part of a provision of these terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.. These Terms constitute the entire agreement between us regarding the Site and access/use of the Site, and supersede and replace any prior agreements we might have had between us regarding the Site and access/use of the Site. Any notices given to you will be sent to the current email address you provided in your account but we may also choose to send notices by regular mail from time to time.

Contact Us

If you have any questions about these Terms, please contact us:

  • by email: support@kaleidoscopelabs.com; or
  • by visiting this page on our website: https://kaleidoscopelabs.com/contact
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