Agreement between User and DiamondShruumz.com
Welcome to DiamondShruumz.com. The DiamondShruumz.com website (the “Site”) is comprised of various web pages operated by Prophet Premium Blends, LLC (“Prophet”). DiamondShruumz.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of DiamondShruumz.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
DiamondShruumz.com is an E-Commerce Site.
Designed to provide legal Cannabidiol based products to adult consumers. All of our products are legal and compliant in accordance to with 2018 US Farm Bill Update which allows for Hemp CBD extraction and extraction-based products to be sold, provided that they are compliant with the requirements set. We are compliant (.3% or less Delta-9 Tetrahydrocannabinol, per dry weight basis) and all of our products are third-party tested. Our certificates of analysis are available for review at any time.
Visiting DiamondShruumz.com or sending emails to Prophet constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Prophet is not responsible for third party access to your account that results from theft or misappropriation of your account. Prophet and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Eighteen
Prophet does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. If you are under 18, you are not able to utilize this site or purchase goods from it.
We want you to feel confident with your purchase and want to provide you with excellent customer service. Please check your shipment carefully upon arrival to ensure it has not been damaged during shipping. All claims for damaged product(s) must be made to our Customer Service department at [email protected] within three (3) days of the date your product is delivered to the address provided by you (“Product Received Date”).
Once orders are submitted, we cannot apply any discounts or coupons. Please ensure that your order is correct before submitting, including the items, quantity, pricing, and discounts.
If you are not satisfied with our products, you may request a refund of the full purchase price minus shipping costs within 14 days of the Product Received Date, for purchases from DiamondShruumz.com. The product must be unused and unopened. You are responsible for return shipping. Please submit your request to [email protected] or call 714-617-5595 to speak to Customer Service.
Links to Third Party Sites/Third Party Services
Certain services made available via DiamondShruumz.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the DiamondShruumz.com domain, you hereby acknowledge and consent that Prophet may share such information and data with any third party with whom Prophet has a contractual relationship to provide the requested product, service or functionality on behalf of DiamondShruumz.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use DiamondShruumz.com strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Prophet that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Prophet or its suppliers and protected by copyright, trademark, trade secret, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright , trademark, and other proprietary
notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify,
publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Prophet content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Prophet and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Prophet or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Prophet has no obligation to monitor the Communication Services. However, Prophet reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Prophet reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Prophet reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Prophet’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Prophet does not control or endorse the content, messages or information found in any Communication Service and, therefore, Prophet specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Prophet spokespersons, and their views do not necessarily reflect those of Prophet.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to DiamondShruumz.com or Posted on Any Prophet Web Page
Prophet does not claim ownership of the materials you provide to DiamondShruumz.com (including feedback and suggestions) or post, upload, input or submit to any Prophet Site or our associated services, including, but not limited to, our social media accounts (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Prophet, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be
paid with respect to the use of your Submission, as provided herein. Prophet is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Prophet’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
By participating in the affiliate program (“Affiliate Program”), you are confirming that you have read these terms and conditions and agree to be bound by them. Once you sign up for the Affiliate Program, you will become an affiliate (“Affiliate”).
Affiliate Benefits: Affiliate benefits are as follows:
Discounts for Affiliates: Affiliates receive a thirty percent (30%) discount on products for the duration of the Affiliate relationship with Prophet, subject to changes in the event of a change in control of Prophet.
Affiliate Commissions: Affiliates will receive a twenty percent (20%) commission on the net revenue generated through sales via the Affiliate’s unique link.
Discounts for Affiliate’s Referrals: Referrals using the Affiliate’s unique link are eligible for a one-time twenty percent (20%) discount on purchases, subject to any other terms related to promotions, which may not be available to combine.
Commissions: For a sale to generate a commission to an Affiliate, the Affiliate must provide its unique link to the potential referral and the referral must make a purchase through the Affiliate’s unique link. Commissions will only be paid on sales that are made through properly referred channels, which are the sole responsibility of the Affiliate.
Affiliate Payout: Prophet will pay all Affiliate payouts on a monthly basis for the prior month’s earned commissions. Payment processing can take up to 30 days from the commission earning date. Payments will generally be paid out via PayPal or ACH, but Prophet reserves the right to change the method of payment at Prophet’s sole discretion. Affiliate is responsible for providing the correct PayPal email address upon registration and notifying Prophet immediately of any change of information related to Affiliate’s account for payouts.
Refunds: In the event a customer requests a refund for a transaction for which the Affiliate has earned commissions, any commissions earned on the refund amount will be deducted from the Affiliate’s balance or future commissions earned.
Usage and Obligations: Affiliates may use logos and marketing materials as provided by Prophet, but in no case may they be modified or altered without Prophet’s consent. Affiliate does not gain any trademark, copyright, or other intellectual property rights in and to these materials. Affiliate will never imply they are working on behalf of or for Prophet, will not represent Prophet or its products or services in a false or misleading way, and will not engage in the distribution of an unsolicited bulk email (spam) mentioning, referencing, or promoting Prophet or any products offered by Prophet.
Compliance with Laws: Affiliate is solely responsible for ensuring it is complying with federal, state, and local online marketing and advertising rules, including, but not limited to, FTC regulations regarding affiliate relationships and regulations related to marketing cannabis products online. No person or entity may become an Affiliate if that person or entity lives or is formed in a state where the sale, promotion, or advertising of cannabis products is prohibited.
Prophet’s Right to Terminate Affiliate Relationship: Prophet reserves the right to immediately terminate an Affiliate’s relationship with Prophet at any time if Prophet believes, in its sole discretion, that Affiliate has violated any terms related to the Affiliate Program.
Questions About Affiliate Program: For questions about Prophet’s Affiliate Program, please contact [email protected].
Third Party Accounts
You will be able to connect your Prophet account to third party accounts. By connecting your Prophet account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Prophet from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Prophet Content accessed through DiamondShruumz.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree that you will not use the Prophet Content accessed through DiamondShruumz.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.You agree to indemnify, defend and hold harmless Prophet, its officers, directors, employees, agents and third parties, for any damages, claims, losses, costs, liabilities and expenses of any kind whatsoever (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any Submissions made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Prophet reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will fully cooperate with Prophet in asserting any available defenses.
Governing Law; Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any 0ther jurisdiction). You hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
At Prophet’s sole discretion, in the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction thereof. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s’ fees. The parties agree to arbitrate all disputes and claims in regard to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the arbitrator. This arbitration provision shall survive the termination of these Terms.
Class Action Waiver
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Prophet agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PROPHET AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
PROPHET AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PROPHET AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Prophet reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Prophet as a result of this agreement or use of the Site. Prophet’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Prophet’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Prophet with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Waiver and Severability
No waiver by Prophet of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Prophet to assert a right or provision under these Terms shall not constitute a waiver of such right or provision
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Prophet with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Prophet with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Prophet reserves the right, in its sole discretion, to change the Terms under which DiamondShruumz.com is offered. The most current version of the Terms will supersede all previous versions. Prophet encourages you to periodically review the Terms to stay informed of our updates.