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Terms and Conditions

GENERAL DISCLAIMER

The information on this website is provided by Amavi, LLC, a Georgia limited liability company (“Amavi Collective”). All the information on this website is published in good faith and for general informational purposes only. The information provided on this website is not intended to provide medical advice or instruction. While we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place or action you take based on the information contained on this website information is strictly at your own risk. Amavi Collective will not be liable for any losses or damages in connection with the use of this website.

From our website, you can visit other websites by following hyperlinks to such external sites. While we strive to provide only quality links to useful and ethical websites, we have no control over the content and nature of these sites. These links to other websites do not imply a recommendation for all the content found on these sites. Site owners and content may change without notice and may occur before we have the opportunity to remove a link which may no longer function.

TESTIMONIALS; USE OF PRODUCTS

Amavi Collective shall not be held liable for any medical or other claims made by its customers or other individuals, including testimonials and claims appearing on this website.

The products advertised and discussed on this website, including the statements made on this website, have not been evaluated by the Food and Drug Administration, and no information or statement appearing on this website has been evaluated by the Food and Drug Administration or any other agency. Neither the efficacy of these products nor the statements made about them have not been confirmed by the Food and Drug Administration or any FDA-approved research. No such products or statements should be relied on for any reason whatsoever. Notwithstanding anything to the contrary on this website or otherwise, these products are not intended to diagnose, treat, cure, or prevent any disease, illness, ailment, or condition. The information on this website is not meant as a substitute for or alternative to information from qualified health care practitioners. Please consult your healthcare professional about potential interactions or other possible complications before using any product. Amavi Collective assumes no responsibility for the use, whether proper or improper, of these products.

Amavi Collective shall not be liable for the improper use or consumption of its goods or products. We recommend consulting with a qualified health care provider when preparing a treatment plan for any and all diseases or ailments. Amavi Collective does not make any health claims about our products and recommends consulting with a qualified physician prior to consuming our products or preparing a treatment plan.

In furtherance (and not in limitation) of the foregoing, it is especially important for any individual who is pregnant, nursing, chronically ill, elderly, under the age of 18, or taking prescription or over the counter medicines to discuss the use of these products with a physician prior to consuming. Amavi Collective shall have no duty to determine the health or condition of any individual using its products. By purchasing the Goods, Purchaser understands that the Goods contain CBD.

You must be 18 years or older to visit this website or purchase any Amavi Collective product. The information on our website is intended to provide general information regarding our products and is not to be construed as medical advice or instruction. This disclaimer of liability applies to any damages or injury which may be perceived by you, the website user, to be caused by the information or services on this website, or by using this website.

FDA DISCLAIMER

THESE STATEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. THESE PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.

THE EFFECTIVENESS OF ANY OF THESE GOODS HAS NOT BEEN CONFIRMED BY FDA-APPROVED RESEARCH. ANY AND ALL INFORMATION PRESENTED ON THIS SITE IS NOT MEANT AS A SUBSTITUTE FOR OR ALTERNATIVE TO INFORMATION FROM HEALTHCARE PRACTITIONERS. PLEASE CONSULT YOUR HEALTHCARE PROFESSIONAL ABOUT POSSIBLE INTERACTIONS OR OTHER POSSIBLE COMPLICATIONS BEFORE USING ANY GOODS. THE FEDERAL FOOD, DRUG, AND COSMETIC ACT REQUIRES THIS NOTICE.

CONSENT

By using our website, you hereby consent to the terms and conditions set forth above and herein.

TERMS AND CONDITIONS OF SALE FOR WEBSITE

Amavi, LLC (“Amavi Collective”) agrees to sell to you (herein referred to as “Purchaser”) the goods listed on the Invoice (herein referred to as “Goods”) according to the following terms and conditions. Unless Seller agrees otherwise in writing, the sale of any Goods to Purchaser is limited to and expressly made conditional on Purchaser’s assent to the terms and conditions of sale contained herein, which supersede and reject all prior agreements, representations, discussions or negotiations, whether written or oral, with respect hereto, and any conflicting terms and conditions contained in any purchase order or other writing by Purchaser, regardless of whether Purchaser purchases products through any media means, including but not limited to written purchase orders, electronic orders, acknowledgements, confirmations, or other writings from Purchaser. Any additional or conflicting terms and conditions contained in, attached to, or referenced by Purchaser’s purchase order shall have no effect on the purchase of any such Goods by Purchaser and are expressly rejected.

  1. Price. All prices for future shipments are subject to change or withdrawal without notice and all shipments will be at Seller’s prices in effect on the date of shipment. Prices do not include sales, use, excise, privilege or any similar tax levied by any government, and Purchaser shall pay any and all such applicable taxes. Upon the request of Seller, Purchaser shall provide Seller a tax exemption certificate acceptable to the appropriate taxing authorities.
  2. Transportation and Delivery. All costs of transportation, insurance and other related expenses are the sole responsibility of Purchaser unless otherwise agreed to in writing by Seller. The weight of all products shall be determined as of the shipping point. Any claims where payments are made directly to the carrier (herein referred to as “Freight Collect”) or shipments are paid by a third party (herein referred to as “Third Party Shipments”) for lost, damaged, stolen or otherwise imperiled Goods during shipment are Purchaser’s sole responsibility and shall be made by Purchaser. Claims for “Prepaid” shipments must be filed with the carrier through Seller. Seller shall have no liability whatsoever, directly or indirectly, for any delivery that is delayed or fails for any reason, including, without limitation, labor difficulties, shortages, strikes or stoppages of any sort, acts of God, civil insurrection, wars, riots, strikes, terrorist acts, embargoes, fires or other casualties, equipment breakdown, accidents, inability to obtain containers, raw material or transportation, or any other causes. Any date nominated by Seller for delivery is intended to be an estimate and Seller shall not be liable for any loss or damage whether arising directly or indirectly from delays in delivery.
  3. Terms of Payment. All sums due shall be paid in U. S. Dollars and shall be made at the time Purchaser places an order for the Goods with Seller, without withholding, deduction or set-off. Seller may cancel or delay delivery of any Goods supplied to Purchaser in the event of an arrearage in Purchaser’s account.
  4. Purchaser’s Claims. Claims in respect of shortages in Goods or damage to or defect in the Goods or any part thereof must be notified to both the carrier and the Seller in writing not later than the third (3rd) day following the date of delivery of such Goods. Non-delivery of Goods must be notified to the Seller in writing within fourteen (14) days of the date of the Seller’s invoice relating to such Goods. All other complaints, claims, or notices shall be considered timely if made within thirty (30) days after Purchaser discovers or learns of the existence thereof, provided that all claims shall be submitted within ninety (90) days of the date of delivery of the Goods. Goods which are the subject of a claim may only be returned to Seller at Seller’s request. In such event, the Seller’s record as to the quantity of Goods actually received and their condition on return shall, in the event of dispute, be conclusive and binding on Seller and Purchaser. If Purchaser fails to give the aforesaid notice of a claim, the Goods shall be deemed to be in all respects in accordance with and conform to the order and Purchaser shall not be entitled to reject the Goods and shall be bound to pay for the Goods as if the Goods had been delivered without shortage, damage or defect.
  5. Seller’s Disclaimer of Warranty. SELLER MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS OF THE GOODS FOR ANY PARTICULAR PURPOSE, AND SELLER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE GOODS. SELLER DOES NOT WARRANT THE SUITABILITY OF THE GOODS FOR THEIR INTENDED USE BY PURCHASER. SELLER SHALL NOT IN ANY EVENT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
  6. Indemnification. Purchaser assumes complete responsibility for, and agrees to defend, indemnify and hold Seller and its officers, directors, employees, agents, insurers, and attorneys harmless from and against all damages, losses, adverse judgments, penalties, fines, costs, amounts paid in settlement, expenses, and fees, (including, without limitation, fees and expenses of investigation, witnesses, and attorneys and court costs expenses) (collectively, “Indemnification Claims”), resulting or in any manner arising from or in any way because of injury to any person or any property damage, arising out of the handling, transportation, storage, possession, or other use of the Goods by the Purchaser after the Goods are delivered to a common carrier at their shipping point, whether or not such products are handled, stored or used singularly or in conjunction with other products. Provided, however, Purchaser shall not be liable to Seller for Indemnification Claims resulting solely from the gross negligence of Seller. All of the foregoing indemnification obligations are in addition to, and not in derogation of, any statutory, equitable, or common law right or remedy Seller may have for breach of representation, warranty, statement or covenant or otherwise may have under these terms and conditions or other documents. This indemnification provision shall be a continuing agreement and shall survive payment of all obligations of Seller under these terms and conditions and/or termination of these terms and conditions.
  7. Limitations on Liability; Statute of Limitations. Seller’s liability to Purchaser on any claim for any loss or damage arising out of, or in connection with Purchaser’s order of the Goods or breach thereof, shall in no case exceed the purchase price as reflected on the Seller’s invoice for the Goods (or any unit thereof) which give rise to such claim. In no event shall Seller be liable to Purchaser for special, incidental, indirect, punitive, or consequential damages whatsoever, nor for penalties of any description. Any action resulting from any breach or failure to perform by Seller hereunder must be commenced within one year after the cause of action has accrued.
  8. General Provisions. These terms and conditions represent the entire agreement with respect to the terms and conditions of sale. No modification of these terms and conditions shall be binding upon Seller unless made in writing and signed by a duly authorized agent of Seller. A waiver by Seller of any breach or default by Purchaser of any of these terms and conditions shall not be deemed to be a continuing waiver or a waiver of any other breach or default of any other term or condition, but shall apply solely to the instance for which the waiver is directed.
  9. Applicable Law. The construction and enforceability of these terms and conditions shall be governed and controlled by the laws of the State of Georgia. Seller and Purchaser hereby consent to the Superior Court of Whitfield County, Georgia as the exclusive venue for any action arising from this agreement and hereby waive any and all personal rights under the law of any jurisdiction to object on any basis (including, without limitation, inconvenience of forum) to jurisdiction or venue within Whitfield County, Georgia.
  10. Attorneys’ Fees. If either party brings an action to enforce these terms and conditions, the prevailing party shall recover the reasonable costs and expenses incurred by it in connection with the action or proceeding, including reasonable attorneys’ fees.
  11. Assignment. These terms and conditions shall be binding upon and inure to the benefit of the successors and assigns of the parties, but no interest of either party shall be assigned, subcontracted or otherwise transferred in any way without the prior written consent of the other party.
  12. Severability. The provisions of these terms and conditions will be deemed severable and the invalidity or unenforceability of any provision will not affect the validity or enforceability of the other provisions hereof; provided, however, that if any provision of these terms and conditions, as applied to any party or to any circumstance, is judicially determined not to be enforceable in accordance with its terms, the parties agree that the court judicially making such determination may modify the provision in a manner consistent with its objectives such that it is enforceable, and/or to delete specific words or phrases, and in its modified form, such provision will then be enforceable and will be enforced.
  13. Purchaser’s Conduct. Purchaser shall not make any representations, warranties, guarantees, indemnities, similar claims, or other commitments (including, without limitation, any health or medical claims regarding the Goods) on behalf of Seller without Seller’s written consent, and Purchaser shall not engage in any unfair, disparaging, misleading, or deceptive practices regarding the Goods.
  14. General Disclaimer. All the information on this website and elsewhere is published in good faith and for general informational purposes only. The information provided on this website and elsewhere is not intended to provide medical advice or instruction. While Amavi Collective endeavors to keep the information up to date and correct, it makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the website or the information, products, services, or related graphics contained on the website or elsewhere for any purpose. Any reliance Purchaser places or actions Purchaser takes based on the information contained on this website or elsewhere is strictly at Purchaser’s own risk. Amavi Collective will not be liable for any losses or damages in connection with the use of this website or elsewhere. From our website, Purchaser can visit other websites by following hyperlinks to such external sites. While Amavi Collective strives to provide only quality links to useful and ethical websites, it has no control over the content and nature of these sites. These links to other websites do not imply a recommendation for all the content found on these sites. Site owners and content may change without notice and may occur before Amavi Collective has the opportunity to remove a link which may no longer function.
  15. Statements; Use of Products. Amavi Collective shall not be held liable for any medical or other claims made by its customers or other individuals, including testimonials and claims appearing on this website. The products advertised and discussed on this website or elsewhere, including the statements made on this website or elsewhere, have not been evaluated by the Food and Drug Administration, and no information or statement appearing on this website or elsewhere has been evaluated by the Food and Drug Administration or any other agency. Neither the efficacy of these products nor the statements made about them have not been confirmed by the Food and Drug Administration or any FDA-approved research. No such products or statements should be relied on for any reason whatsoever. Notwithstanding anything to the contrary on this website or otherwise, these products are not intended to diagnose, treat, cure, or prevent any disease, illness, ailment, or condition. The information on this website and elsewhere is not meant as a substitute for or alternative to information from qualified health care practitioners. Please consult your healthcare professional about potential interactions or other possible complications before using any product. Amavi Collective assumes no responsibility for the use, whether proper or improper, of these products. Amavi Collective shall not be liable for the improper use or consumption of its goods or products. Amavi Collective recommends consulting with a qualified health care provider when preparing a treatment plan for any and all diseases or ailments. Amavi Collective does not make any health claims about our products and recommends consulting with a qualified physician prior to consuming our products or preparing a treatment plan. In furtherance (and not in limitation) of the foregoing, it is especially important for any individual who is pregnant, nursing, chronically ill, elderly, under the age of 18, or taking prescription or over the counter medicines to discuss the use of these products with a physician prior to consuming. Amavi Collective shall have no duty to determine the health or condition of any individual using its products. By purchasing the Goods, Purchaser understands that the Goods contain CBD. All individuals must be 18 years or older to visit this website, visit our store locations, or purchase any Amavi Collective product. The information on our website and elsewhere is intended to provide general information regarding our products and is not to be construed as medical advice or instruction. This disclaimer of liability applies to any damages or injury which may be perceived by Purchaser, the website user, to be caused by the information or services on this website, or by using this website.
  16. FDA Disclaimer. THESE STATEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. THESE PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. THE EFFECTIVENESS OF ANY OF THESE GOODS HAS NOT BEEN CONFIRMED BY FDA-APPROVED RESEARCH. ANY AND ALL INFORMATION PRESENTED ON THIS SITE IS NOT MEANT AS A SUBSTITUTE FOR OR ALTERNATIVE TO INFORMATION FROM HEALTHCARE PRACTITIONERS. PLEASE CONSULT YOUR HEALTHCARE PROFESSIONAL ABOUT POSSIBLE INTERACTIONS OR OTHER POSSIBLE COMPLICATIONS BEFORE USING ANY GOODS. THE FEDERAL FOOD, DRUG, AND COSMETIC ACT REQUIRES THIS NOTICE.
  17. Consent. By using this website, entering the premises of Amavi Collective, or purchasing products from Amavi Collective, Purchaser hereby consents to the terms and conditions set forth above and herein.

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