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Terms of service

Last Modified: January 28, 2019

This ShopSeventhSense.com website is operated by Green Growth Brands Inc., an Ontario corporation, together with its affiliates and subsidiaries (collectively referred to as “Seventh Sense”). Throughout the website, the terms “we,” “us,” and “our” refer to Seventh Sense. Seventh Sense offers this website, including all information, tools, and services available from this website, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our website and/or purchasing goods or services from us, you agree to be bound by the following terms and conditions of service (“Terms of Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the website, including, without limitation, users who are visitors, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all the Terms of Service, then you may not access the website or use any of its services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website, and we may notify our registered users via email or place notification banners on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Access to this Website

You must be eighteen (18) years or older to use this website, including to register for an account and purchase goods or services on our website. If you are under eighteen (18) years of age, you are not permitted to access this website for any reason. By using this website (and agreeing to the Terms of Service), you warrant and represent that you are at least eighteen (18) years of age.

To access this website or some of the products and resources offered, you may be asked to provide certain personal information or other details for registration or ordering purposes. All information you provide to Seventh Sense must be true, accurate, current, and complete. If you provide any untrue or inaccurate information, or if we have reasonable grounds to suspect that such information is untrue or inaccurate, we may suspend or terminate your account and deny you both current and future use of our website. Account information and certain personal information are subject to the terms of our Privacy Policy.

Hyperlinks

Certain content, products, and services available via the website may include materials from third parties. Hyperlinks on this website may direct you to third-party websites that are not maintained by, or related to, us. We are not responsible for examining or evaluating the content or accuracy of, and we do not warrant and will not have any liability or responsibility for, any websites, materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices, and make sure you understand them before you engage in any transaction with such third party. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

Important Health and Medical Information Disclaimer

This website contains general information and content about diet, health, and nutrition. This information and content is not advice (medical or otherwise) and should not be relied on as such. The contents of this website are for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis, or treatment.  Always seek the advice of your physician or other qualified health professional with any questions you may have regarding a medical condition.

THE GENERAL INFORMATION AND CONTENT ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. SEVENTH SENSE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN RELATION TO ANY HEALTH INFORMATION ON THIS WEBSITE.

You must not rely on the information on this website as an alternative to medical advice from your doctor or other professional healthcare provider. If you think you may be suffering from any medical condition, you should seek medical attention. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information provided in our materials or provided by any Seventh Sense representative, as this information is not intended to be a substitute for medical diagnosis, advice, or treatment. If you are considering making any changes to your lifestyle, diet, or nutrition, including taking any nutritional, herbal, or homeopathic supplement, you should consult with your doctor or other healthcare provider before doing so.  Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.

Neither Seventh Sense nor its representatives are providing any medical advice, and none should be inferred from any ideas, suggestions, testimonials, or other information set forth on this website, in other Seventh Sense materials, or provided over the phone or in email correspondence. All of the information on this website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Seventh Sense does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not or no longer accurate or complete.

Intellectual Property Rights

The website and its contents, features, and functionality (including, but not limited to, all information, source code, applications data, software, text, displays, images, videos, and audio, and the design, selection, and arrangement thereof) are owned by Seventh Sense, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Service permit you to use the website for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website, except as follows:

      • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
      • You may store files that are automatically cached by your Web browser for display enhancement purposes.
      • You may print or download one (1) copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
      • If we provide any desktop, mobile, or other applications for download, you may download one (1) copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our End-User License Agreement for such applications.
      • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not engage in any of the following activities:

  • Post, distribute, or reproduce any User Contributions (as defined below) that you do not own or have permission to use;
  • Modify copies of any materials from the website;
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text;
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the website; or
  • Access or use for any commercial purposes any part of the website or any services or materials available through the website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the website in breach of the Terms of Service, your right to use the website will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made or that are in your possession. You have no right, title, or interest in or to the website or any of its content merely by virtue of accessing the website or using any of its services, and all rights not expressly granted to you through these Terms of Service are reserved by Seventh Sense. Any use of the website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

Trademarks

The Seventh Sense name and logo, as well as all related names, logos, product and service names, designs, and slogans, are trademarks of Seventh Sense or its affiliates or licensors. You must not use such marks without the prior written permission of Seventh Sense. All other names, logos, product and service names, designs, and slogans on the website are the trademarks of their respective owners.

User Comments, Feedback and Other Submissions

The website may contain comment sections, product review sections, message boards, chat rooms, personal web pages,  profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content, messages, ratings, reviews, photos and/or other materials (collectively, “User Contributions”) on or through the website. All User Contributions must comply with any applicable content terms posted in these Terms of Service or elsewhere on the website.

Any User Contribution you post to the website will be considered non-confidential and non-proprietary. By providing any User Contribution on the website, you grant us, our affiliates, and our service providers, and each of their and our respective licensees, successors and assigns, the right to use, reproduce, modify, perform, display, delete, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

  • You own or control all rights in and to your User Contributions and have the right to grant the license granted above to us, our affiliates, and our service providers, and each of their and our respective licensees, successors and assigns; and
  • All of your User Contributions do and will continue to comply with these Terms of Service.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute and that you, not Seventh Sense, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.  We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the website, even if we review or approve such User Contributions before they are published to the website. If we do review any User Contribution before being published, you agree we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use or delete any User Contribution in any medium.

Errors, Inaccuracies and Omissions

Occasionally, there may be information on our website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to change or update such information to correct any errors, inaccuracies, or omissions and to,  cancel orders if any information on the website is inaccurate at any time without prior notice (even after an order has been submitted).

We undertake no obligation to update, amend, or clarify information on the website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the website should be relied on to mean that all information on the website has been modified or updated.

Prohibited Uses

You may use this website only for the purposes expressly permitted by this website. You may not use this website for any other purpose, including any commercial purpose, without our express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this website; (ii) frame or use framing techniques to enclose any of our or our content owner’s trademarks, logos, or other proprietary information (including images, text, page layout, or form); (iii) hyperlink to this website; or (iv) use any meta tags or any other “hidden text” using our name or trademarks without the express prior written permission of one of our authorized representatives. For purposes of these Terms of Service, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that associates our product with someone other than us or that such other party has the right to display, publish, or distribute this website or content accessible within this website. You agree to cooperate with us in causing any unauthorized co-branding, framing, or hyperlinking to cease immediately. No material from this website may be modified, translated, decompiled, disassembled, broadcast, licensed, sublicensed, transferred, sold, mirrored, framed, exploited, rented, leased, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.

Geographic Restrictions

The owner of the website is based in the State of Ohio in the United States. We provide this website and its associated services for use only by persons located in the United States. We make no claims that the website or any of its content is accessible or appropriate outside of the United States. Access to the website may not be legal by certain persons or in certain countries. If you access the website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws and taxes.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE IN ANY CAPACITY, ANY CONTENT THEREON, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ANY CONTENT THEREON AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SEVENTH SENSE NOR ANY PERSON ASSOCIATED WITH SEVENTH SENSE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER SEVENTH SENSE NOR ANYONE ASSOCIATED WITH SEVENTH SENSE REPRESENTS OR WARRANTS THAT THE WEBSITE, ANY CONTENT THEREON OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

SEVENTH SENSE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW OR FROM ANY EXPRESS WARRANTIES IN THE TERM OF SALE OR WHICH MAY ACCOMPANY PRODUCTS PURCHASED THROUGH THE WEBSITE.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SEVENTH SENSE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO SEVENTH SENSE FOR THE APPLICABLE PRODUCT(S) OUT OF WHICH SUCH LIABILITY AROSE.

The limitation of liability set out above may not apply in all circumstances or in every jurisdiction.

Indemnification

You agree to defend, indemnify, and hold harmless Seventh Sense, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the website, including, but not limited to, your User Contributions, any use of the website’s content, services, and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the website. You further agree that you will cooperate as requested by Seventh Sense in the defense of such claims. Seventh Sense reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users, and you shall not, in any event, settle any such claim or matter without the written consent of Seventh Sense.

 

Payments

For online orders, we accept payment by Visa, Mastercard, American Express and PayPal. If a payment is not successfully settled due to invalid payment method, declined credit, expiration, insufficient funds, or otherwise, we reserve the right to cancel your order. Orders are shipped only after the receipt of full payment. These Terms of Service, including, without limitation, the provisions regarding limitation of liability and indemnification, apply with respect to payment methods and payment processing, and Seventh Sense is not responsible for any charges, errors, or losses that may result from any payment method used by you for the purchase of our products.

Shipping and Delivery

Currently, we offer ground, two-day and next day air shipping services using the United States Postal Service and UPS. Shipping and delivery terms may change from time to time. Additional notices and updates regarding shipping and delivery terms applicable to specific products may be listed on the website.

Unless otherwise expressly agreed to in writing, any delivery date requested or provided is an estimate only. Seventh Sense is not responsible for delays or for non-performance resulting from causes beyond its reasonable control, including, without limitation, laws, rules, regulations, or acts of any government, embargoes, blockades, armed conflict, terrorism, labor disputes, delays of carriers or suppliers, shortages of material, accidents, fires, floods, weather conditions, and any other acts of God.

Governing Law; Jurisdiction; No Class or Representative Actions

All matters relating to the website and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction).

Subject to the section titled “Mandatory Binding Arbitration” set out below, any legal suit, action, or proceeding arising out of or related to these Terms of Service or the website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio in the County of Franklin, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in the venue of your residence or any other relevant venue. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Further, subject to the section titled “Mandatory Binding Arbitration” set out below, you agree that any dispute arising out of or related to these Terms of Service or the website is personal to you and Seventh Sense and that any such controversy, claim, suit, injury, harm, loss, or damage shall be brought on an individual basis and shall not be consolidated with any controversy, claim, suit, injury, harm, loss, or damage of any other party. However, this representative action waiver may be severed if it would otherwise render these Terms of Service unenforceable.

Mandatory Binding Arbitration

Any and all disputes arising from these Terms of Service or the use of the website must be submitted to final and binding arbitration under the Commercial Rules of Arbitration and Arbitration Procedures of the American Arbitration Association (“AAA”) applying Ohio law.  The rules and procedures can be obtained at any AAA office, at www.adr.org, or by calling the AAA at 1-800-778-7879. If there is any inconsistency between the AAA Rules and this arbitration provision, the terms of this arbitration provision will control unless the arbitrator determines that the application of the inconsistent terms would result in a fundamentally unfair arbitration.

The arbitration shall be conducted in either of the following locations: (i) Franklin County, Ohio, or (ii) the county to which the associated product(s) purchased via the website were delivered.  Judgment of the arbitration award may be entered by any court having jurisdiction thereof. Seventh Sense may seek any interim or preliminary relief from a court of competent jurisdiction in any such county necessary to protect its rights pending the completion of arbitration. You agree to submit yourself to the personal jurisdiction of the State of Ohio or the state to which the associated product(s) purchased via the website were delivered.

Arbitration shall be conducted before a single arbitrator mutually chosen by Seventh Sense and you from a list provided by the AAA. However, if Seventh Sense and you fail to agree on the selection of the arbitrator within 30 days after the date of the filing of the arbitration case, the AAA will select the arbitrator. Except as set forth herein, both you and Seventh Sense expressly waive entitlement, if any, to have any controversy, claim, suit, injury, harm, loss, or damage heard before a court or a jury. The arbitrator will base the decision on the evidence presented and in accordance with these Terms of Service and governing law, including statutory and judicial authority. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law. The arbitrator will issue a written decision, which will contain the essential findings and conclusions on which the decision is based. The arbitrator’s decision will be final and binding upon all parties.

Any such controversy, claim, suit, injury, harm, loss, or damage shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any controversy, claim, suit, injury, harm, loss, or damage of any other party. However, this representative action waiver may be severed if it would otherwise render these Terms of Service or this arbitration provision unenforceable.

Notwithstanding anything to the contrary, disputes may be brought before an administrative agency to the extent applicable law requires access to an agency. Nothing in this arbitration provision shall be construed to do any of the following: (i) relieve any party of the duty to exhaust administrative remedies by filing a charge or complaint with an administrative agency and obtaining a right to sue notice, where otherwise required by law; or (ii) prevent either party from cooperating with a federal or state body as required by law. You understand that you are not entitled to a double recovery or eligible to receive any monetary benefit from any action brought by an administrative agency except as required by law.

To commence arbitration against Seventh Sense, you must file a case with the AAA. Instructions for filing a case with the AAA can be found on its website at http://www.adr.org. You must send a copy of any filing to Seventh Sense at the following address:

Seventh Sense

Attn: Legal Department
4300 East 5th Avenue
Columbus, OH 43219

For more information, see the AAA’s claim filing page at http://www.adr.org/fileacase.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Entire Agreement

The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and Seventh Sense with respect to the website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the website.

Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Contact Information

If you have questions or concerns about these Terms of Service or the practices of this website, or if you are interested in reprinting any of the content of this website, please contact us at the following address:

Seventh Sense
4300 East 5th Avenue
Columbus, OH 43219