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WARNING: This product contains DELTA-8. 

 

Keep out of reach of children & pets.

IN ORDER FOR US TO RELEASE YOUR ORDER AND WE CAN'T CONFIRM YOUR AGE, YOU MUST UNDERGO AN AUTOMATED AGE VERIFICATION. SEE OUR CANCELLATION POLICY BELOW AT SECTION 8.

DO NOT DRIVE OR OPERATE HEAVY MACHINERY WHILE UNDER THE INFLUENCE OF THIS PRODUCT. May cause a failed drug screen/test. May cause increased heart rate and anxiety. Consult with your physician before use. Do not use when pregnant or nursing. If any adverse reactions occur, discontinue use and consult with your physician. 

High Future, LLC

Terms & Conditions

 

Effective Date: 5-13-2021

1. General Statement / Website Term Of Use

The www.delta-gummies.com website, and all related content and associated services (collectively the "Website"), is a service owned and operated by High Future, LLC ("High Future," "us" or "we"). High Future has adopted these Terms and Conditions to inform you of your rights and obligations when using the Website and/or when purchasing any High Future products or goods ("Products") ("Terms and Conditions" or "Terms"). Your use of this Website, and/or your purchase of any Products, constitutes your agreement and manifestation of your assent to the following Terms and Conditions. If you do not agree to these Terms and Conditions you may not use the Website or purchase our Products.


High Future may, and reserves the right to, from time to time modify, limit, change, discontinue, or replace the Website and these Terms and Conditions at any time. In the event High Future modifies, limits, changes, or replaces the Website or these Terms and Conditions, your continued use thereafter constitutes your agreement to such modification, limitation, change, or replacement.

 

It is your responsibility to review these Terms and Conditions on a regular basis to keep yourself informed of any modifications, limitations, changes, or replacements. High Future limits purchase of its product via its Website to individuals who are 21 years of age or older. You warrant and agree that you are at least 21 years of age. It is your responsibility to check and understand the local laws in your jurisdiction regarding the legal purchasing age in order to purchase from or access our Website. High Future does not warrant or guarantee that compliance with these Terms and Conditions will be sufficient to comply with your obligations under applicable laws where you reside or where you use the Website.

Please read these Terms and Conditions carefully to ensure that you understand each provision. These Terms contain a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. It also includes an Attorneys' Fees provision. Please read these carefully.

2. Eligibility, Safety Acknowledgment, And Registration For a delta-gummies.com Account

This is a contract between you and High Future. You must read and agree to these Terms and Conditions before using the Website. If you do not agree, you may not use the Website to register for an account. You may use the Website only if you can form a binding contract with High Future, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use of an account via the Website by anyone under 21 years of age is strictly prohibited and in violation of these Terms.

Our Website contains age-regulated products, which include minimum purchasing and usage age requirements. We take the prevention of underage use very seriously. High Future products and all other Delta-8 products should never be used by anyone under the legal purchasing age. Only persons 21 years of age and older can purchase products and participate in any promotions or offers from the Website. Due to age-restriction laws and regulations, we may use your provided information to conduct age-verification for your purchases and may deny or cancel your purchases due to such regulations.

Additionally, no Delta-8-based or Delta-8 product should be considered safe. We encourage consumers to do their own research regarding Delta-8 products and what is right for them. If you have any health concerns about use of HIGH FUTURE products or any other Delta-8 delivery or Delta-8 product, we recommend that you consult with your physician.

Additionally, ingestion of Delta-8, at any level, may cause other conditions (such as an increase in your heart rate, dizziness, and nausea). HIGH FUTURE products are designed for adults.

Keep out of reach of children and pets.

In order to receive your products ordered from the Website you must complete the registration process to obtain a user account. You may be required to provide your name, address, email address, and phone number, and undergo an automated age verification as outlined in our privacy policy: https://www.delta-gummies.com/privacy-policy. You must provide complete and accurate information about yourself during the registration process and you have an ongoing obligation to update this information if and when it changes. We will handle your information consistent with our Privacy Policy, which is incorporated into these Terms and Conditions by reference.

When you create an account, you will be required to create a user ID and password. You agree that you will never share your user ID and password with anyone else for any reason. You agree that only you will use your account. You agree to contact High Future immediately in the event you become aware of unauthorized access to your account. You agree that you are solely responsible for all activity that takes place in connection with your account and you agree to indemnify and hold harmless High Future from any damages that arise out of or in relation to use of your account. You agree that you will not create more than one account. By registering and obtaining an account you affirm that you will follow the Terms and Conditions of this Website and your registration constitutes your consent to enter into agreements with us electronically.

3. Termination Of Account

We reserve the right to restrict access to, suspend, disable, terminate, and/or delete your account for any reason that we deem necessary, or for no reason. In the event your account is suspended, disabled, terminated, or deleted, your only option is to request reinstatement of your account by contacting the High Future Support Team at info@delta-gummies.com. You may not open alternate accounts.

4. Electronic Communication –www.delta-gummies.com Account Specific

With the creation of an account, you agree that we may send to you electronic notices or other communication regarding High Future and this Website. These types of electronic communications will be sent to the email address that was provided during registration and/or the email address associated with your account. The contents of any communication are effective when sent, regardless of when you receive or whether you read the communication. You can stop receiving these notices and communications at any time with the deactivation of your account.

5. Electronic Communication – Marketing Communication

By completing the registration process on the Website and providing your email address, you are representing you are of legal age to receive High Future' Newsletter and will receive electronic communications and exclusive offers. These exclusive offers may be unavailable depending on your state and local regulations or other restrictions. All offers are Void Where Prohibited. High Future Products material are not intended to imply that the Products have been approved by the Food and Drug Administration or that the Food and Drug Administration has deemed this Product to be safe for use by consumers. This Product is not intended to diagnose, treat, cure, or prevent any disease, including the treatment of addiction and/or dependence.

The email address provided will be used solely by High Future and will not be sold to, shared with, or otherwise disclosed to other parties, except as permitted under our Privacy Policy. You can choose to stop receiving these offers at any time by filling out an unsubscribe request, using the unsubscribe option on communications or contacting us using the contact information on the Website.

6. Communications With High future

Customers and visitors are encouraged to forward comments or other communications to High Future via www.delta-gummies.com or via email. You agree that you will not transmit content to High Future that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You agree that you will not use a false email address, impersonate a third party person or entity, or otherwise mislead High Future as to the origin of a communication. Communications violating the restrictions of this paragraph shall constitute a violation of these Terms and Conditions, and may result in the termination of your account at the sole discretion of High Future.

Any material or communication transmitted by you to this Website will not be treated as confidential as described in the High Future' Privacy Policy. By submitting any content to us through the Website, you grant us a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use that content for any purposes, including, without limitation, a license to reproduce, prepare derivative works, distribute, perform publicly, transmit, broadcast, and display the content. Any ideas, concepts, or other materials transmitted by you to High Future may be used in any manner, including reproduction, transmission, publication or broadcast without compensation. We have the right, at our sole discretion, to edit or refuse to post content submitted by you. The provisions of this paragraph will survive the termination of these Terms and Conditions and for the maximum period permitted under applicable law.

7. Payment

You agree to pay for all purchase orders you place through the Website.

Except where noted otherwise, the prices displayed for High Future Products represent the full retail price listed on the product itself. All prices are quoted and payable in U.S. dollars, regardless of where an order is placed or shipped. Foreign exchange rates apply and may depend on the date your order was placed.

Your purchases may also be subject to sales tax, VAT, or other taxes or duties at the point of sale where applicable. Payment of taxes and duties due are your responsibility unless such sales taxes or duties are collected by High Future at the time of your purchase, in which case High Future will submit your taxes and/or duties to the appropriate authority on your behalf. High Future shall not be responsible for failure to pay taxes or duties you owe, unless High Future has collected such taxes or duties at the time of the purchase.

In the event that you dispute the amount or validity of any payments made to High Future through this Website, you must notify High Future in writing, within ten (10) days of payment, of any such dispute by mail at the address listed below or at www.delta-gummies.com. You expressly agree that your failure to notify High Future of any dispute within ten (10) days of payment will constitute your express waiver of any claims related to the disputed payment.

You agree that you will pay all costs and expenses of collection, including attorneys' fees, incurred by High Future in the event of failure to make payment.

8. Cancellation Policy & Age verification

Orders submitted cannot be cancelled once the tracking information has been generated. Generally, tracking information is generated 24 hours from the time that the order was submitted. To cancel an order placed before tracking information is generated, please contact High Future’ Support Team as soon as possible.

If for any reason we can't confirm your age or you cannot undergo our automated age-verification as outlined in our privacy policy, we will refund your order within 24-48 hours and it may take an additional 3 business days for our payment processor to process your refund and for the funds to return back to your payment method used.

9. Return Policy

Because of the nature of the products sold through the Website, for sanitary reasons, High Future has a strict NO RETURN POLICY and will not issue refunds for any products, unless it falls under the purview of Section 10 below.

10. Damaged / Incomplete / Incorrect Orders

You have a legal guarantee of conformity in connection with items purchased through the Website. You agree to immediately inspect any goods purchased upon receipt of your purchase order. If you received an order shipped from High Future that is damaged, incorrect, or incomplete, please contact High Future Support immediately to explain the problem with your order and to request a refund or replacement goods.

High Future may require you to return damaged items, in which case High Future will pay for the cost of return shipment.

11. Product Resale Or Other Exploitation Prohibited

You agree not to sell, resell, distribute or make available to others, or otherwise use or exploit for any commercial purposes (including, without limitation, in contests, sweepstakes and/or giveaways) any portion of any Products or services purchased from this Website or otherwise obtained from High Future or a High Future representative without prior written permission of an authorized representative of High Future. Any person or entity that sells, resells, distributes or makes available to others, or otherwise uses or exploits any Products or services for commercial purposes without such prior written permission will have no right or remedy under the product warranty, and may be subject to civil action and/or criminal penalty, as prescribed by law.

12. Compliance With Law; Indemnification

You agree that your use of any High Future Products and/or High Future services will comply at all times with all applicable laws and regulations, in all relevant jurisdictions, including without limitation laws and regulations related to product use, resale, marketing, advertising, and/or other forms of promotion.

You agree to indemnify, defend, and hold harmless High Future and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, liabilities, damages, losses, obligations, costs or debt, expenses (including reasonable attorney's fees), regulatory penalties and enforcement actions arising out of or in connection with: (i) your use of and access to any High Future Products or services, or this Website, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties herein or your obligations under this Section 12; (iii) your violation of any third party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party's access and use of the Website with your unique username, password or other appropriate security code.

13. Counterfeiting

The fight against unauthorized sales and counterfeiting is a long-term commitment to quality and service that is taken seriously by High Future. We advise consumers to be cautious when purchasing products from unauthorized resellers as the quality, reliability and safety of these products is unknown. If you encounter products that do not appear to be genuine HIGH FUTURE products, you may report the details of your purchase to High Future Support or local law enforcement.

Please refer to our Authorized Retailer Location webpage (available at www.delta-gummies.com) or contact High Future Support to learn more about authorized dealers. Any product purchased outside of our exclusive sales network runs the risk of being counterfeit and is not guaranteed under our Warranty.

High Future shall have no responsibility or liability for any Products purchased outside of our Website and/or Authorized Retailers.

High Future will not assist with resolving issues pertaining to the purchase of counterfeit products nor will High Future provide refunds for such purchases.

14. Third Party Links

This Website may contain links to third-party websites. High Future does not intend these links to be viewed as an endorsement of those websites or their content. If you decide to access third-party websites, you do so at your own risk. Different terms of use may apply to any third-party website.

15. Privacy Statement

For more information about how we use and protect your personal information you may provide through our Website, please click here to review the Website’s Privacy Policy. Note that High Future reserves the right to change its Privacy Policy at any time without notice.

16. Arbitration & Class Action And Jury Trial Waiver.

Read this Section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from High Future. For any dispute with High Future, you agree to first contact us via email and attempt to resolve the dispute with us informally.

ARBITRATION. In the unlikely event that High Future has not been able to resolve a dispute it has with you after sixty (60) days, you and High Future each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to these Terms, the breach or alleged breach thereof, your purchase or use of HIGH FUTURE Products, and any privacy issues as described in our Privacy Policy found in this link here: www.delta-gummies.com/privacy-policy [including but not limited to any claims, disputes, or controversy arising from the use of third-party beneficiaries through this Website such as Jumio Corporation's biometric use and/or other privacy violations], (collectively, "Claims"), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein (including the exclusion of any claims brought by High Future for injunctive or other equitable relief as provided in Section 17 below).

JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Chicago, Illinois, unless you and High Future agree otherwise. If you are an individual using High Future Products, services, or the Website for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney's fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction consistent with the requirements in Section 18 below.

CLASS ACTION AND JURY TRIAL WAIVER. With respect to all persons and entities, regardless of whether they have obtained or used the Website or High Future Products or services for personal, commercial or other purposes, all claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless High Future' agrees otherwise, the arbitrator may not consolidate more than one person's claims.

You agree that, by entering into this agreement, you and High Future are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.

17. ATTORNEYS' FEES

 

You agree that, by entering into this Agreement, you and High Future agree that in the event that any suit or action (excluding Arbitration and small claims court procedures as described in Section 16) is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys, which shall include, without limitation, all fees, costs and expenses of appeals.

18. Governing Law And Venue

These Terms and Conditions will be governed by and interpreted under the laws of the State of Illinois, USA, without regard to its principles of conflict of laws. Exclusive venue for any action to determine the enforceability of the arbitration provision in Section 16 or the arbitrability thereunder of any dispute, or to enforce an arbitral award rendered pursuant to these Terms and Conditions will be the state or federal courts of Chicago, Illinois. You agree that Chicago, Illinois is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision in Section 16 is found to be unenforceable. You agree not to bring any such actions in any other venue and you expressly agree to waive all objections to these venues.

You expressly consent to be subject to the personal jurisdiction of the state and federal courts of Illinois. You agree that: (i) the Website and High Future Products and services shall be deemed solely based in Illinois; and (ii) the Website and High Future’ services shall be deemed passive ones that do not give rise to personal jurisdiction over High Future, either specific or general, in jurisdictions other than Illinois.

The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). THE APPLICATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED.

We reserve the right to seek injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights. You agree to submit to the personal jurisdiction of the federal and state courts located in Chicago, Illinois for any actions for any such relief.

19. Release And Waiver Of Claims; Assumption Of Risk

YOU HEREBY AGREE TO THE FOLLOWING, WHICH IS PERMITTED BY LAW: (i) to waive any and all claims, other than claims for personal injury, that you have or may have in the future against High Future, or any of its distributors, resulting from use of the Website and High Future Products and services; and (ii) to release High Future or any of its distributors from any and all liability from any loss, damage, injury or expense, other than liability for personal injury, that you or any users of this Website and any High Future Products or services may suffer as a result of the use of any of the foregoing, due to any cause whatsoever, including negligence or breach of contract on the part of High Future, in the design or manufacture of the Website or of any High Future Products or services.

In the event of your death or incapacity, these Terms shall be effective and binding upon your heirs, next of kin, executors, administrators, assigns and representatives.

You hereby expressly waive any and all rights and benefits conferred upon you by the provisions of Section 1542 of the Civil Code of California (or any applicable analogous law), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known to him or her must have materially affected his or her settlement with the debtor.”

You and High Future understand and agree that claims or facts in addition to or different from those which are now known or believed by each of them to exist may hereafter be discovered, but it is your intention to release all claims you have or may have against High Future, other than claims for personal injury, and any and all of its successors, subsidiaries, parents, affiliates, investors, branches or related entities, or those entities' officers, directors, employees, stockholders, partners, members, consultants, agents, attorneys, employee benefit plans or assigns, whether those claims are known or unknown, suspected or unsuspected.

20. Trademarks And Copyright

This Website features trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data that are the property of High Future and its affiliates or licensors. This Website also may include trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data of other third parties. All of these trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data are the property of their respective owners, and you agree not to use them in any manner without the prior permission of the applicable owner. This Website and all of its content are protected under copyright, trademark and other laws of the United States and other countries.

21. Use Of Material From This Website

All content of this Website, including but not limited to, any text, software, files, graphics, photos, images, designs, music, musical compositions, video, audio visual works, and data found on this Website (collectively the "Materials"), are the property of and owned by High Future or its licensors, and are protected by copyright, trademark, and/or other laws. You expressly agree that you are prohibited from, including but not limited to, the following: reproducing, copying, modifying, displaying, adapting, publishing, translating, performing publicly, reverse engineering, transferring, transmitting, broadcasting, distributing, licensing, selling, creating derivative works of, or gifting, in whole or in part, the Materials.

The Website and related content is provided for informational purposes only. Your use of this Website is at your sole risk. This Website is provided on an "AS IS" and on an "as available" basis. Although we make all reasonable efforts to ensure that the content of the Website is updated and corrected, we do not guarantee the accuracy of any content. The material contained on this Website may contain inaccuracies and typographical errors. You agree that we have no duty to screen content that is provided to the Website by you or others, nor are we liable for such content. We have the right, at our sole discretion, to refuse to post or to edit submitted content. We reserve the right to remove content for any reason, but we are not responsible for any failure or delay in removing such material. Changes are periodically made to the Website and may be made at any time period. If you download any materials from this Website, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or data that results from the download of any such materials.

22. Warranty Limitations

High Future products and services, and this website, are provided on an "As is" and "As available" basis. Use of the foregoing is at your own risk. To the maximum extent permitted by applicable law and to the extent not covered under the limited warranty, High Future expressly disclaims any and all express warranties of any kind, and limits the duration of any and all implied warranties of any kind (including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement), whether related to use of this website or High Future products or services. No advice or information concerning the use of any High Future products, whether oral or written, obtained by you from High Future or through any High Future product or service will create any warranty not expressly stated herein. Without limiting the foregoing, except to the extent prohibited by the laws of any state, High Future, its subsidiaries, its affiliates, and its licensors do not warrant that the content or any information on the website, is or will be complete, accurate, adequate, reliable, useful, timely, or correct; that the High Future products and services, and this website, will meet your requirements or be free from defects, including product or device leaking; that the site will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the High Future products or services, or this website, is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the website is downloaded at your own risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the website.

High Future does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the service or any hyperlinked website or service, and High Future will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

You acknowledge that you must register an online account and agree to High Future' terms and conditions to receive warranty service.

Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of implied warranties, so the above exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers. Limitations and exclusions under this agreement will not apply to the extent prohibited by applicable law.

23. Limitation of Liability

To the fullest extent permitted under applicable law, you understand and agree that neither High Future nor any of its affiliates, agents, directors, employees, suppliers, licensors, or third-party content providers shall be liable for any direct, indirect, incidental, special, exemplary, consequential, punitive or any other damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, relating to or resulting from: 1) purchase and/or use of any High Future products or services; 2) use of, access to, or inability to use this website; 3) use or inability to use any other website you access from a link through this website; or 4) any actions we take or fail to take as a result of email messages you send us; in each case, in an amount exceeding the amount you paid to High Future hereunder or $100.00, whichever is greater. This limitation of liability includes, but is not limited to, damages for errors, omissions, interruptions, defects, delays, computer viruses, loss of profits, loss of data, unauthorized access to and alteration of transmissions and data and any other tangible or intangible losses. This limitation applies regardless of whether the damages are claimed under the terms of a contract, or as a result of negligence, or otherwise arise out of or in connection with the use, inability to use, or performance of the information, services, products or materials available from this website, and even if we or our representatives have been negligent or have been advised of the possibility of such damages. Because some jurisdictions do not allow limitation of liability for consequential or incidental damages, all or some of the above limitations may not apply to you.

24. Miscellaneous

Severability: A finding that any term or provision of these Terms and Conditions is invalid or unenforceable will be removed from these Terms and Conditions and will not affect the validity or enforceability of the remaining Terms and Conditions.

Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by High Future without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. No waiver by High Future of any breach of this Agreement is effective unless in writing.

You agree that these Terms and Conditions, the Privacy Policy, and Limited Warranty, which are incorporated by reference, constitute the entire agreement between you and High Future with respect to the Website, your purchases, and your relationship with High Future and that there are no further understandings, agreements, or representations with respect to the Website that are not specified in these Terms and Conditions. All notice required or permitted under these Terms and Conditions shall be made in writing by mail or by email to:

High Future, LLC
1406 N Washtenaw, UNIT B
Chicago, Illinois 60640
info@delta-gummies.com

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