Terms and Conditions

 

TERMS AND CONDITIONS

Please read these terms carefully before accessing or using our website. These
Terms of Service apply to all users of the site, including without limitation users who are
browsers, vendors, customers, merchants, and/ or contributors of content. By accessing
or using any part of the site, you agree to be bound by these Terms of Service, including
those additional terms and conditions and policies referenced herein and/or available by
hyperlink. If you do not agree to all the terms and conditions of this agreement, then you
may not access the website or use any Services. If these Terms of Service are
considered an offer, acceptance is expressly limited to these Terms of Service.
IN ORDER TO ACCESS THE SITE AND USE THE SERVICE, YOU MUST BE
TWENTY-ONE (21) YEARS OF AGE OR OLDER. INDIVIDUALS UNDER THE AGE OF
TWENTY-ONE (21) ARE NOT PERMITTED TO USE THE SITE OR THE SERVICE.
THE COMPANY MAKES AVAILABLE FOR PURCHASE HEMP-DERIVED
CONSUMABLES AND OTHER PRODUCTS THROUGH THE SITE, (COLLECTIVELY,
“PRODUCTS”). BY ACCESSING THIS SITE, YOU ACKNOWLEDGE THE
INFORMATION PROVIDED ON THIS SITE, WITHIN ANY SOCIAL MEDIA PAGES OR
CHANNELS, AND ALL OF THE DOCUMENTATION AND LITERATURE INCLUDED
WITH ANY PRODUCT IDENTIFIED ON THE SITE, IS PROVIDED AS-IS FOR
INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. NOTHING SHALL BE
CONSTRUED TO BE PROVIDING MEDICAL ADVICE.
THESE TERMS OF SERVICE CONTAIN AN ARBITRATION CLAUSE AND CLASS
ACTION WAIVER REQUIRING YOU AND COMPANY TO RESOLVE ALL DISPUTES
WITH EACH OTHER ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING
ARBITRATION. PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS
THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS,
REMEDIES, AND OBLIGATIONS, AS WELL AS WAIVERS AND LIMITATIONS OF
RIGHTS YOU AGREE TO BY USING THE SITE AND/OR PURCHASING PRODUCTS.
THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT
YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL
ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE
CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF
OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR
PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF
(INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN
INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU
HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

OVERVIEW

This website is operated by My Oasis, LLC. These terms and conditions, as may be
amended from time to time in the sole discretion of My Oasis (“Terms of Service”
or “Terms”) constitute a legally binding agreement made between you, whether
personally or on behalf of an entity (“You” or “Your”) and My Oasis, LLC and its
respective subsidiaries, parents and affiliates (collectively, “Oasis” or “Company”
or “we” or “us” or “our”), governing Your access to and use of the www.herbaloasis.com website, including but not limited to any information provided, updated or new features, functionality and technology, as well as any other media form, media channel (including but not limited to all social media platforms), mobile application, or any of our past, present or future websites related or connected thereto (collectively, the “Site”), and any Products or Services supplied by or on behalf of us through the Site (collectively,
“Services”). Company offers this website, including all information, tools, Products and Services available from this Site to You, the user, conditioned upon Your acceptance of all terms, conditions, policies and notices stated here and elsewhere on the Site.
YOU MUST BE 21 YEARS OF AGE OR OLDER TO USE THE SITE AND/OR THE
SERVICES, INCLUDING WITHOUT LIMITATION THE PURCHASE OF PRODUCTS.
BY USING THE SITE AND/OR PURCHASING PRODUCTS, YOU REPRESENT AND
WARRANT THAT YOU ARE 21 YEARS OF AGE OR OLDER. PERSONS UNDER THE
AGE OF 21 ARE EXPRESSLY PROHIBITED FROM USING THE SITE OR
ACCESSING THE SERVICES, INCLUDING WITHOUT LIMITATION THE PURCHASE
OF PRODUCTS.
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. 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. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to You.

 

SECTION 1 - ONLINE STORE TERMS

You may not use our products for any illegal or unauthorized purpose nor may You, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be
transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate,
complete or current. The material on this site is provided for general information and educational purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE, PRODUCTS AND PRICES

Prices for our Products are subject to change without notice. We reserve the right at any time to modify or discontinue to offer for sale any Products or to provide the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or Services may be available exclusively online through the website.
These products or Services may have limited quantities and are subject to return or
exchange only according to our Refund Policy. We have made every effort to
display as accurately as possible the colors and images of our products that appear at
the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or
Services to any person, geographic region or jurisdiction. We may exercise this right on
a case-by-case basis. We reserve the right to limit the quantities of any products or
Services that we offer. All descriptions of products or product pricing are subject to
change at any time without notice, at the sole discretion of us. We reserve the right to
discontinue any product at any time. Any offer for any product or Service made on this
site is void where prohibited. We do not warrant that the quality of any products,
Services, information, or other material purchased or obtained by you will meet your
expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole
discretion, limit or cancel quantities purchased per person, per household or per order.
These restrictions may include orders placed by or under the same customer account,
the same credit card, and/or orders that use the same billing and/or shipping address. In
the event that we make a change to or cancel an order, we may attempt to notify you by
contacting the email and/or billing address/phone number provided at the time the order
was made. We reserve the right to limit or prohibit orders that, in our sole judgment,
appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information
for all purchases made at our store. You agree to promptly update your account and
other information, including your email address and credit card numbers and expiration
dates, so that we can complete your transactions and contact you as needed. For more
details, please review our Refund Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor
have any control nor input. You acknowledge and agree that we provide access to such
tools ”as is” and “as available” without any warranties, representations or conditions of
any kind and without any endorsement. We shall have no liability whatsoever arising
from or relating to your use of optional third-party tools. Any use by you of the optional
tools offered through the site is entirely at your own risk and discretion and you should
ensure that you are familiar with and approve of the terms on which tools are provided
by the relevant third-party provider(s). We may also, in the future, offer new Services
and/or features through the website (including the release of new tools and resources).
Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and Services available via our Service may include materials
from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the
content or accuracy and we do not warrant and will not have any liability or
responsibility for any third-party materials or websites, or for any other 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. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or
without a request from us, you send creative ideas, suggestions, proposals, plans, or
other materials, whether online, by email, by postal mail, or otherwise (collectively,
'comments'), you agree that we may, at any time, without restriction, edit, copy, publish,
distribute, translate and otherwise use in any medium any comments that you forward to
us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy
Policy, which can be viewed here: https://herbaloasis.com/pages/privacy-policy

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service 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 correct any errors, inaccuracies or omissions, and to change or
update information or cancel orders if any information in the Service or on any related
website is inaccurate at any time without prior notice (including after you have submitted
your order).
We undertake no obligation to update, amend or clarify information in the Service or on
any related website, including without limitation, pricing information, except as required
by law. No specified update or refresh date applied in the Service or on any related
website, should be taken to indicate that all information in the Service or on any related
website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited
from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to
perform or participate in any unlawful acts; (c) to violate any international, federal,
provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or
violate our intellectual property rights or the intellectual property rights of others; (e) to
harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or
disability; (f) to submit false or misleading information; (g) to upload or transmit viruses
or any other type of malicious code that will or may be used in any way that will affect
the functionality or operation of the Service or of any related website, other websites, or
the Internet; (h) to collect or track the personal information of others; (i) to spam, phish,
pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k)
to interfere with or circumvent the security features of the Service or any related
website, other websites, or the Internet. We reserve the right to terminate your use of
the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be
uninterrupted, timely, secure or error-free. We do not warrant that the results that may
be obtained from the use of the Service will be accurate or reliable. You agree that from
time to time we may remove the Service for indefinite periods of time or cancel the
Service at any time, without notice to you. You expressly agree that your use of, or
inability to use, the Service is at your sole risk. The Service and all products and
Services delivered to you through the Service are (except as expressly stated by us)
provided 'as is' and 'as available' for your use, without any representation, warranties or
conditions of any kind, either express or implied, including all implied warranties or
conditions of merchantability, merchantable quality, fitness for a particular purpose,
durability, title, and non-infringement. In no case shall Oasis, our directors, officers,
employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive,
special, or consequential damages of any kind, including, without limitation lost profits,
lost revenue, lost savings, loss of data, replacement costs, or any similar damages,
whether based in contract, tort (including negligence), strict liability or otherwise, arising
from your use of any of the Service or any products procured using the Service, or for
any other claim related in any way to your use of the Service or any product, including,
but not limited to, any errors or omissions in any content, or any loss or damage of any
kind incurred as a result of the use of the Service or any content (or product) posted,
transmitted, or otherwise made available via the Service, even if advised of their
possibility. Because some states or jurisdictions do not allow the exclusion or the
limitation of liability for consequential or incidental damages, in such states or
jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Oasis and our parent, subsidiaries,
affiliates, partners, officers, directors, agents, contractors, licensors, Service providers,
subcontractors, suppliers, interns and employees, harmless from any claim or demand,
including reasonable attorneys’ fees, made by any third-party due to or arising out of
your breach of these Terms of Service or the documents they incorporate by reference,
or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful,
void or unenforceable, such provision shall nonetheless be enforceable to the fullest
extent permitted by applicable law, and the unenforceable portion shall be deemed to be
severed from these Terms of Service, such determination shall not affect the validity and
enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall
survive the termination of this agreement for all purposes. These Terms of Service are
effective unless and until terminated by either you or us. You may terminate these
Terms of Service at any time by notifying us that you no longer wish to use our Services,
or when you cease using our site. If in our sole judgment you fail, or we suspect that
you have failed, to comply with any term or provision of these Terms of Service, we also
may terminate this agreement at any time without notice and you will remain liable for all
amounts due up to and including the date of termination; and/or accordingly may deny
you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service
shall not constitute a waiver of such right or provision. These Terms of Service and any
policies or operating rules posted by us on this site or in respect to the Service
constitutes the entire agreement and understanding between you and us and governs
your use of the Service, superseding any prior or contemporaneous agreements,
communications and proposals, whether oral or written, between you and us (including,
but not limited to, any prior versions of the Terms of Service). Any ambiguities in the
interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – CHOICE OF LAW - DISPUTE RESOLUTION BY BINDING
ARBITRATION – ARBITRATION AGREEMENT

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

These Terms of Service will be governed by the laws of the State of North Carolina
without regard to any conflict of law provisions. With respect to any disputes or claims
not subject to arbitration under this Arbitration Agreement, you and Company submit to
the personal and exclusive jurisdiction of the state or Federal courts located within
Charlotte, North Carolina.

a) Agreement to Arbitrate

You agree that any and all disputes or claims that have arisen or may arise between you
and Company, whether arising out of or relating to these Terms of Service (including
any alleged breach thereof), the Products, the Service, any advertising, or any aspect of
the relationship or transactions between us, will be resolved exclusively through final
and binding arbitration, rather than a court, in accordance with the terms of this
Arbitration Agreement, except that you may assert individual claims in small claims
court, if your claims qualify. Further, this Arbitration Agreement does not preclude you
from bringing issues to the attention of federal, state, or local agencies, and such
agencies can, if the law allows, seek relief against us on your behalf. You agree that, by
entering into these Terms of Service, purchasing a Product, or accessing the Site or
using the Services in any way, the Parties acknowledge that they are irrevocably
waiving the right to a trial in court, including a trial by jury and that all rights and
remedies will be determined by an arbitrator and not by a judge or jury. Your rights
will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

b) Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST
THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR
PROCEEDING. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR
PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A
CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE
ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND
DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING
RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF
NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU
MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC
INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR
THE ENFORCEABILITY OF THIS PROVISION.

c) Pre-Arbitration Dispute Resolution

We are always interested in resolving disputes amicably and most customer concerns
can be resolved quickly and to the customer’s satisfaction by emailing customer support
at Support@herbaloasis.com. We take great pride in our customer support!
Please keep in mind all conversations with customer service are subject to this
Agreement and all offers, promises, conduct and statements, whether oral or written,
made in the course of such discussion to resolve the dispute by any of the parties, their
agents, employees, experts and attorneys are confidential, privileged and inadmissible
for any purpose, including impeachment, in arbitration or other proceeding involving the
parties, provided that evidence that is otherwise admissible or discoverable shall not be
rendered inadmissible or non-discoverable as a result of its use in the discussion.
However, if such efforts prove unsuccessful, a party who intends to seek arbitration
must first send to the other, by email a written Notice of Dispute (“Notice”). The Notice to Company should be sent to Support@herbaloasis.com. The Notice must (i)
describe the nature and basis of the claim or dispute and (ii) set forth the specific relief
sought. If you and Company do not resolve the claim within sixty (60) calendar days
after the Notice is received, you or Company may commence an arbitration proceeding.
During the arbitration, the amount of any settlement offers made by either party will not
be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to
which a party is entitled.

d) Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American
Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer
Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration
Agreement. For information on the AAA, please visit its website, https://www.adr.org.
Information about the AAA Rules and fees for consumer disputes can be found at the
AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the
arbitrator determines that the application of the inconsistent Arbitration Agreement
terms would not result in a fundamentally fair arbitration. The arbitrator must also follow
the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. The arbitrator may 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. Decisions by the arbitrator are enforceable in court and may be
overturned by a court only for very limited reasons. 

Unless you and Company agree otherwise, any arbitration hearings will take place in a
reasonably convenient location for both parties with due consideration of their ability to
travel and other pertinent circumstances. If the parties are unable to agree on a
location, the determination will be made by AAA. If your claim is for $8,000 or less,
Company agrees that you may choose whether the arbitration will be conducted solely
on the basis of documents submitted to the arbitrator, through a telephonic hearing, or
by an in-person hearing as established by the AAA Rules. If your claim exceeds $8,000,
the right to a hearing will be determined by the AAA Rules. Regardless of the manner in
which the arbitration is conducted, the arbitrator will issue a reasoned written decision
sufficient to explain the essential findings and conclusions on which the award is based.

e) Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration
Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration
Agreement. To the extent any Arbitration Fees are not specifically allocated to either you
or Company under the AAA Rules, you and Company shall split them equally; provided
that if you are able to demonstrate to the arbitrator that you are economically unable to
pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for
any reason that you should not be required to pay your portion of any Arbitration Fees,
Company will pay your portion of such fees. In addition, if you demonstrate to the
arbitrator that the costs of arbitration will be prohibitive, Company will pay as much of
the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from
being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA
Rules.

f) Limitation on Claims

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

g) Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the
arbitrator, will be strictly confidential for the benefit of all parties.

h) Severability

If a court or the arbitrator decides that any term or provision of this Arbitration
Agreement (other than subsection (b) above titled “Prohibition of Class and
Representative Actions and Non-Individualized Relief” above) is invalid or
unenforceable, the parties agree to replace such term or provision with a term or
provision that is valid and enforceable and that comes closest to expressing the
intention of the invalid or unenforceable term or provision, and this Arbitration
Agreement will be enforceable as so modified. If a court or the arbitrator decides that
any of the provisions of subsection (b) above titled “Prohibition of Class and
Representative Actions and Non-Individualized Relief” are invalid or unenforceable,
then the entirety of this Arbitration Agreement will be null and void, unless such
provisions are deemed to be invalid or unenforceable solely with respect to claims for
public injunctive relief. The remainder of these Terms of Service will continue to apply.

i) Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms of Service to the contrary, Company
agrees that if it makes any future change to this Arbitration Agreement (other than a
change to the Notice Address) while you are a user of the Service, you may reject any
such change by sending Company written notice within thirty (30) calendar days of the
change to the Notice Address provided above. By rejecting any future change, you are
agreeing that you will arbitrate any dispute between us in accordance with the language
of this Arbitration Agreement as of the date you first accepted these Terms of Service
(or accepted any subsequent changes to these Terms of Service).

SECTION 19 - 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 or the Service following the posting of any changes to these
Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at
support@herbaloasis.com. 

Our contact information is posted below:
Phone: (888)545-9427
support@herbaloasis.com

SECTION 21 - ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES

Visiting the Site, using the Services, sending us emails, and completing online forms
constitute electronic communications.  You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and other
communications we provide to you electronically, via email and on the Site, satisfy any
legal requirement that such communication be in writing.  YOU HEREBY AGREE TO
THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND
RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SITE.  You hereby waive any rights or requirements under any statutes, regulations,
rules, ordinances, or other laws in any jurisdiction which require an original signature or
delivery or retention of non-electronic records, or to payments or the granting of credits
by any means other than electronic means.

SECTION 22 - NOTICE FOR CALIFORNIA USERS

If any complaint with us is not satisfactorily resolved, if you are a California resident, you
have rights under California Civil Code Section 1789.3,which states that users of the
Service from California are entitled to the following specific consumer rights notice: The
Complaint Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b)
in writing at: Department of Consumer Affairs, Consumer Information Division, 1625
North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800)
952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-
1254 or (916) 928-1227 (TDD). You may contact Company at Phone: (888)545-9427
Email: support@herbaloasis.com

SECTION 23 - AGE VERIFICATION POLICY

The Company is dedicated to the responsible sale and safe consumption of our
Products to adults. Our beverages are intended exclusively for individuals aged 21 and
over, so we strictly enforce an age verification policy to comply with all applicable laws
and regulations, which may vary from state to state, jurisdiction to jurisdiction. In
accordance with applicable laws, Company reserves the right to verify the age of any
customer before completing a sale. It is illegal to sell age-restricted beverages to
individuals under 21, and we take every necessary step to ensure compliance with all
age-related sales laws.

Age Verification Process

• When applicable, customers must present a valid, government-issued photo ID
  at the time of purchase or delivery.
•  For online sales, customers may be required to undergo an identity verification
  process using an approved third-party ID verification service. Company reserves
  the right to request additional verification if deemed necessary.
•  Any transaction flagged as suspicious or unverifiable will be canceled at our sole
  discretion.
• We strictly prohibit the purchase or attempted purchase of our products by
  individuals under 21.
  

Right to Refuse Service – The Company reserves the right to refuse service to any
customer who:

• Fails to provide valid proof of age.
•  Attempts to use a fraudulent, altered, or expired identification document.
• Appears to be purchasing on behalf of a minor (commonly known as "straw
  purchasing").
• Refuses to comply with our verification procedures.

All age verification checks are conducted in compliance with applicable data privacy
laws, including but not limited to state and federal privacy laws, the General Data
Protection Regulation (GDPR) where applicable, and the California Consumer Privacy
Act (CCPA) where applicable. Company and its third-party verification partners do not
store, sell, or share sensitive customer information beyond what is necessary for legal
compliance. Customer data is securely processed and protected against unauthorized
access.

This Age Verification Policy may be modified at any time, in the sole discretion of
Company, and in accordance with changes in legal requirements or Company practices.
Any updates will be posted in an updated Terms of Service, and the continued use of
our services after modifications constitute Your acceptance of the revised policy. You
are responsible for regularly reviewing this policy for changes.

For questions regarding our Age Verification Policy, please contact us at:
support@herbaloasis.com