WEBSITE TERMS & CONDITIONS
Use of this website and all affiliated websites, including all materials, online services provided by Monarch and the Milkweed and all affiliates, and all products manufactured or provided by Monarch and the Milkweed and all affiliates, is subject to the following terms and conditions of use. By using this website you agree without modification to these terms and conditions and acknowledge reading them. Any reference to “we” in these terms and conditions refers solely to Monarch and the Milkweed and its affiliates.
1. Tetrahydrocannabinol (THC) Disclaimer
All of Monarch and the Milkweed products are under the 0.3% limit for THC, as required by the 2018 Farm Bill and the 2020 Vermont Hemp Rules established by the Vermont Agency of Agriculture.
You hereby acknowledge that eating full spectrum or broad spectrum hemp foods and oils can, in some cases, cause confirmed positive results when screening urine and blood specimens for THC. Accordingly, if you are subject to any form of drug testing or screening, we recommend that you DO NOT ingest our products. Prior to consuming these products consult with your healthcare practitioner, drug screening/testing company or employer. Monarch and the Milkweed works with suppliers who guarantee THC content of no more than 0.3%. Monarch and the Milkweed further guarantees that its edible products contain no more than 0.3% THC by gross weight. With these trace amounts of THC, it is highly unlikely that you will fail a drug test, however, Monarch and the Milkweed makes no representation or warranty that a customer will pass a drug test during or after use of these products.
Because of constantly evolving laws, it is the purchaser’s sole responsibility to confirm that full spectrum and broad spectrum hemp and CBD products, including foods containing these products, are legal in their locality, state, county or territory. All Monarch and the Milkweed products are lawfully manufactured, tested, labeled and distributed in accordance with Vermont law and the 2020 Vermont Hemp Rules. Monarch and the Milkweed makes no express or implied warranties or representations that its products are in compliance with the laws or regulations of the Purchaser’s jurisdiction, if that jurisdiction is outside Vermont. Users of the site who purchase products expressly indemnify and hold harmless Monarch and the Milkweed from any legal claims brought because of the possession or use of Monarch and the Milkweed products in the Purchaser’s jurisdiction.
2. Links and Email Addresses
Links posted on this website to other websites, if any, are provided only as a convenience. Monarch and the Milkweed assumes no responsibility for the content, security or reliability of any websites to which we have posted links. Spamming, the unsolicited broadcasts of email addresses or links in this website, is prohibited and unauthorized.
3. No Information Warranty
The information presented on this website is provided “as is” and “as available,” without representation or warranty of any kind. Monarch and the Milkweed does not represent or warrant that such information is or will be always current, complete, or accurate. Any representation or warranty that might be otherwise implied is expressly disclaimed. By using this website, you agree that Monarch and the Milkweed is not liable to you or others, in any way or for any damages of any kind, arising from the use of this website, including, but not limited to, liability or damage caused by viruses contained within the electronic files of this site or any linked site, regardless of prior notice to Monarch and the Milkweed.
4. Intellectual Property
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer codes (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Monarch and the Milkweed, and is protected by trade dress, copyright, and trademark laws, and various other intellectual property rights and unfair competition laws. No part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Monarch and the Milkweed’s express prior written consent.
5. Use of the Site
a) You may not use or access this website if you are under the age of eighteen (18). In compliance with the Children’s Online Privacy Protection Act, we will not collect the data of any person under eighteen (18).
b) You may post reviews on the Monarch and the Milkweed website, but all reviews shall be free of any third party manipulation. Monarch and the Milkweed reserves the right to delete any reviews it believes are a result of third party manipulation or fail to accurately reflect questions of fact, such as whether the reviewer actually purchased the item in question.
c) You may not use any "deep-link", "page-scrape", "robot,'' "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Monarch and the Milkweed reserves the right to bar any such activity.
d) You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Monarch and the Milkweed server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
e) You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Monarch and the Milkweed, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
f) You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Monarch and the Milkweed’s systems or networks, or any systems or networks connected to the Site or to Monarch and the Milkweed.
g) You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
h) You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Monarch and the Milkweed on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
i) You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Monarch and the Milkweed or others.
6. No Medical Claims, No Medical Advice
Statements contained in this website, if any, regarding Monarch and the Milkweed products have not been evaluated by the Food and Drug Administration. Monarch and the Milkweed products are not intended to diagnose, treat, cure, or prevent any disease. Nothing on this site should be construed to be medical advice. Monarch and the Milkweed makes no claims regarding the medical use or benefit of any of their products. Any information on this website is solely for informational purposes. Please consult your health care professional about potential interactions or other possible complications before using any product.
7. Disclaimer of Warranty
Monarch and the Milkweed makes no warranty, representation or guarantee regarding the suitability of the products for any particular purpose. To the maximum extent permitted by applicable law, Monarch and the Milkweed disclaims (i) any and all liability arising out of the application or use of any product, (ii) any and all liability, including without limitation special, consequential or incidental damages, and (iii) any and all implied warranties, including warranties of fitness for a particular purpose, non-infringement and merchantability.
8. Limitation of Liability
You acknowledge and agree that, in no event shall Monarch and the Milkweed be liable, whether in contract, warrant, tort (including negligence or breach of statutory duty), strict liability, indemnity, contribution, or otherwise, for any indirect, special, punitive, exemplary incidental or consequential loss, damage, cost or expense of any kind whatsoever, howsoever caused, or for any loss of production; cost of procurement of substitute goods, technology, or services; loss of capital, software, profit, revenues, contracts or business; cost of rework; loss of goodwill or anticipated savings; wasted management time, or any claims by third parties (including but not limited to any defense thereof) even if Monarch and the Milkweed has been advised of their possibility or they are foreseeable. Monarch and the Milkweed’s total liability on all claims, whether in contract, warranty, tort (including negligence or breach of statutory duty), strict liability, indemnity, contribution, or otherwise, shall not exceed the purchase price of goods or content. These limitations shall not apply where expressly prohibited by law. You acknowledge that the foregoing limitations are reasonable and an essential part of these terms of use.
9. Prices/Taxes
Prices listed, unless noted otherwise, do not include shipping fees or any other tax, or value added component of a product that is sold. Customers are solely responsible for paying shipping and taxes on our products.
10. Product Availability
We can limit or cancel quantities of orders, and all purchases are subject to availability. We may limit or cancel the quantities offered on our site to anyone, anytime, anywhere. We reserve the right to refuse an order for any reason, and refund any monies paid. If an order is suspected of fraud, we have the right to cancel the order, and/or contact local authorities.
11. Shipping
If you request that the goods be shipped, you assume all risk of loss during shipment, including loss due to spoilage / melting during shipment, and / or loss due to seizure by any agent of the shipping company or by any law enforcement agency. Monarch and the Milkweed has fulfilled its obligation to ship the goods to you when they submit the goods to the shipping company. Monarch and the Milkweed reserves the right to select the shipping company.
12. Purchases; Other Terms and Conditions
a) No purchases from this website may be made by anyone under the age of eighteen (18).
b) No purchase from this website may be resold, rebranded, or co-branded, without the express written permission of Monarch and the Milkweed.
c) Monarch and the Milkweed does not permit purchases outside the United States of America.
d) Monarch and the Milkweed’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
e) Monarch and the Milkweed may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Monarch and the Milkweed makes no commitment to update the materials on the Site with respect to such products and services.
13. Typographical and Inadvertent Errors
In the event a product is listed at an incorrect price due to typographical, photographic, technical or inadvertent error, Monarch and the Milkweed shall have the right to refuse or cancel any orders placed for products listed at the incorrect prices.
14. Jurisdiction
The terms of this agreement will be governed by the laws of the State of Vermont. The state and federal courts located in Chittenden County, Vermont will have exclusive jurisdiction over any case or controversy arising from or relating to this agreement, this website or any good or service provided by Monarch and the Milkweed.
15. Assignment
The rights and obligations created for you under this agreement may not be assigned to any other party.
16. Severance
In the event that one or more of the provisions of this agreement shall be found unenforceable, illegal or invalid, it shall not affect any other provisions of this agreement, and this agreement shall be construed as if the provision found to be unenforceable, illegal or invalid had never been contained in the agreement, or unenforceable, illegal or invalid provision shall be construed, amended and/or reformed to be made enforceable, legal and valid.
17. Complete Understanding
These Disclaimers and Terms and Conditions of Use supersedes any prior communication, representations or agreements between you and Monarch and the Milkweed and constitutes the complete and final agreement related to the use of this website or any product or services provided by Monarch and the Milkweed or brands of Monarch and the Milkweed.
18. Modification of These Terms
Monarch and the Milkweed reserves the right to change the terms, conditions, and notices under which this website is available. By using this website or sending us any personal information, you agree to this policy and are bound to this policy in effect as of the date of such use.
If you have any questions or concerns about the Terms & Conditions, contact:
Andrew LeStourgen
andrew@monarchandthemilkweed.com
Updated: June 2020
© Monarch and the Milkweed