Terms of service

TERMS OF USE AGREEMENT FOR PAIN PERSPECTIVE WELLNESS LLC.

PLEASE CAREFULLY REVIEW THIS AGREEMENT. By accessing or utilizing this website or any
other platforms of Pain Perspective Wellness LLC. ("we," "us," or "our"), including any services and resources offered through our site (collectively, "the Services"), by registering, making a purchase, or simply browsing our content, you confirm that (1) you have fully read, understand, and accept the terms of this Agreement, (2) you are legally capable of entering into binding contracts, and (3) you possess the authority to agree to these terms. If you disagree with any part of this Agreement, you are not permitted to use or access our Services.

ARBITRATION AGREEMENT: This Agreement mandates the resolution of disputes through individual arbitration instead of through jury trials or class actions. It also restricts the remedies available to you in the event of a dispute.

Certain Services may be governed by additional terms (“Supplemental Terms”), which will be listed within this Agreement or presented upon your registration for those Services. These Supplemental Terms are considered an integral part of this Agreement and will prevail over any inconsistency with the main Agreement to that Service.

IMPORTANT: REGULAR REVIEW OF THIS AGREEMENT IS REQUIRED. We reserve the right to modify this Agreement at any moment. If you disagree with the revised terms and conditions, you must cease using our site and services.

Be aware that we may update this Agreement at our discretion without prior notice. Upon any changes, a revised Agreement will be posted on our site, and the "Last Updated" date will be refreshed. For registered users, we'll notify you of changes via the last email address you provided, unless you've chosen not to receive our emails. Changes take effect immediately for new users and thirty (30) days after posting for existing users. If you're not in agreement with the updates, you must discontinue the use of our services and site. Continued use after changes have been posted means you accept the updated Agreement. CHECK OUR SITE FREQUENTLY TO STAY INFORMED OF THE
CURRENT TERMS.

SITE USAGE TERMS

You are granted a limited license for personal access and use of our Site, including the right to download, share, and print content, provided such actions are performed automatically by your browser and solely for non-commercial use.

Directly selling or linking our products on third-party e-commerce platforms, marketplaces, or apps without our explicit permission is strictly forbidden.

Moreover, you must not:

● Commercially exploit, distribute, or sublicense the Site or its Services.
● Enclose our trademarks, logos, or other proprietary information without our permission.
● Use hidden texts bearing our name or trademarks.
● Alter, translate, or create derivative works from the Site's content against the law.
● Send spam or unsolicited emails through or about the Services.
● Disrupt the integrity or security of the Site or its Services.
● Overburden our infrastructure with unreasonable data loads.
● Introduce harmful software agents via the Services.
● Harvest personal data from the Services without authorization.
● Engage in commercial solicitation without our consent.
● Falsely represent yourself or fraudulently conceal your identity.
● Employ automated tools to scrape data from our Site against these terms.
● Copy, repost, or disseminate Site content beyond these restrictions.
● Erase or tamper with copyright notices or proprietary marks on the Site.

Any new updates or additions to the Site will also adhere to these terms. We, along with our partners and affiliates, retain all rights not explicitly granted here. Unauthorized use of the Site or Services will result in the termination of the granted licenses.

ACCOUNT REGISTRATION

When setting up an account or making purchases on our Site, you'll need to provide certain details, including but not limited to your name, a chosen username, email address, and a secure password. Using your password or identification is considered as your authorization for accessing and utilizing the Site according to the terms of this Agreement. We do not undertake to verify the legitimacy of any access or usage of the Site under your account.

It is your responsibility to safeguard the access and use of this Site with your password and user ID. This includes all actions taken under your account, authorized by you or not, encompassing all communications, transactions, and assumed obligations.

You must ensure the security of your account details and immediately inform us of any unauthorized access or potential security breaches concerning your account.

Upon placing your first order, we'll need your shipping and payment details. We reserve
the right to update your payment information with details provided by your bank or
credit card issuer, or other accessible information.

COMMUNITY GUIDELINES FOR SHARING AND INTERACTING

Our platform offers spaces for you to share, including profiles, comments, reviews, and other forms of user-generated content ("User Content"). You retain all rights to the User Content you share, but by posting on our services, you permit others to engage with your content within the bounds of this agreement and your chosen settings.

Please ensure your contributions do not:

● Cause potential harm, distress, or pose risks to anyone, including physical and emotional harm to people or animals.
● Encourage harm, exploit minors, or engage in illegal activities.
● Include unlawful, offensive, defamatory, privacy-invading, harassing, or otherwise objectionable material.
● Violate any laws, including copyright and privacy rights.
● Misrepresent your identity or affiliation.

You must own or have the right to share any content that includes intellectual property, ensuring you do not infringe on others' rights. This includes any music or visual content you post, for which you must have full rights to use and share.

We may, though not obliged to, remove content that breaches these guidelines. Publishing your User Content here does not replace the need for registration with appropriate legal bodies for copyright protection. We are not liable for any User Content shared on our platform and act only as a facilitator for your content sharing. You might find user content that does not align with your preferences or standards, and we are not liable for any potential damages from such content. Occasionally, we may share user stories or content on our social media platforms, but only with your explicit consent, granted through a clear affirmative response to our request.

By allowing us to share your User Content, you grant us a broad license to use, modify, and share this content across all media without any obligation to compensate you. This includes the right to blend it with other content, modify it, and share it globally, perpetually, and without restriction, ensuring we protect your rights and do not misuse your content.

BILLING, ORDERS, AND PAYMENT POLICY

At Pain Perspective LLC, we offer a range of wellness products available for purchase. We reserve the right to decline any order and may limit or cancel quantities purchased per person, per household, or order. These restrictions could include orders by the same account, credit card, and those using the same billing or shipping address. Should we need to modify or cancel an order, we'll attempt to notify you using the contact information provided at the time of the order.

Accepted Payment Methods:

● Visa, MasterCard, American Express, and Discover.
● For convenience, we store your payment method information securely. Pricing and Taxes:
● Product prices may change without notice and are listed in US dollars, excluding applicable taxes.
● Shipping and handling fees, if applicable, are disclosed before order submission.
● Local taxes may apply depending on your location.
● If a payment is declined, we'll attempt to process it until successful or contact you for account updates.

Processing and Shipping:

● Orders are processed using third-party payment processors.
● We disclaim any liability for issues regarding payment security or privacy with these processors.
● You're responsible for all charges made to your payment method.
● Products are shipped to the address given during order placement, with standard ground service as our default shipping method. Shipping times vary by location.
● We currently ship within the United States only.
● The risk of loss transfers to you once we deliver your items to the carrier.

Refunds and Cancellations:

● For refunds, contact us within 30 days of your product's first delivery. Include your name, order number, and refund reason at hello@painperspectivewellness.com.
● Refund eligibility is at our discretion, and we may require proof of purchase.
● Approved refunds are processed back to your original payment method within 7 days.
● Subscription cancellations must be requested at least 72 hours before the next billing cycle.

Customer Satisfaction:

Your satisfaction is paramount. If your expectations aren't met, we're committed to making it right. For any concerns, please reach out to our customer support team.

DISCLAIMER AND USER UNDERSTANDING

Pain Perspective CBD makes no promises, warranties, representations, or guarantees that users of our website or products will achieve specific results or goals. The content, products, and services provided through our website are offered without warranties of any kind, either express or implied, except as explicitly stated. They are available on an "as is" and "as available" basis, adhering to the maximum extent allowed by applicable law. We explicitly disclaim all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We cannot guarantee uninterrupted or error-free access to our website, nor can we ensure that any defects will be corrected immediately or that our website or server will be free of viruses or other harmful elements. Moreover, we do not warrant the accuracy, reliability, timeliness, or usefulness of any materials presented on our website. Some jurisdictions do not allow the exclusion of certain warranties, so these disclaimers may not apply in full to you.

Medical Advisory Notice:

Our website and services do not offer medical or professional health advice. Content provided on our website, including text, graphics, images, and any other material, is for informational purposes only and should not be considered medical advice. It is not intended to replace professional medical advice, diagnosis, or treatment. We strongly advise consulting with a qualified healthcare provider for any medical concerns or questions. Do not disregard professional medical advice or delay seeking it due to something you have read on our website. In case of a medical emergency, immediately contact your doctor or dial 911.

This disclaimer is designed to set clear expectations for our site users and to affirm that our website and products should be used responsibly, with a clear understanding of their intended informational purpose.

Liability Limitation

Please understand and acknowledge that Pain Perspective CBD shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from your use or inability to use our website or services. This includes but is not limited to damages for loss of profits, data, use, goodwill, personal injury, or emotional distress, whether we were advised of the possibility of such damages or not. This limitation applies to all claims based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and encompasses, without limitation:

Any issues arising from the use or performance of our site or services;

Costs incurred in securing substitute services or goods from any purchase made through our site;
Unauthorized access or alteration of your transmissions or data;
Conduct or statements of any third party on our site;
Any other matter related to our site or services.

In no event will our liability exceed the amount we received from you for the use of our site during the period in which you first bring forth any claim. If no payment was made to us during this period, our total liability to you shall not exceed fifty dollars ($50).

The limitation of liability stated here is intended to apply to the fullest extent permitted by law. However, some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. You may also have other rights which vary from state to state.

Pain Perspective CBD operates its services from the United States and does not claim that our services are appropriate or available for use in other locations. Access or use of the services outside the United States is at your discretion and you are responsible for compliance with local laws, including but not limited to export and import regulations. Our services are not available to residents of countries embargoed by the United States or to individuals blocked or denied by the United States government. All materials on our services are primarily intended for users located within the United States.

Copyright Notice

All technology and content of this website, including texts, graphics, images, audio clips, digital downloads, data compilations, and code, are copyrighted as a collective work under United States and international copyright laws. This includes but is not limited to the intellectual property owned by Pain Perspective Wellness LLC, which is protected under copyright and other intellectual property laws. The collective work encompasses content that is licensed to Pain Perspective Wellness. © 2023 Pain Perspective Wellness.  All rights reserved. Indemnity Clause

You agree to protect, indemnify, and keep Pain Perspective Wellness LLC, along with its affiliates, officers, agents, employees, and partners, safe from any claims, liabilities, costs, damages, and expenses, including reasonable legal fees, arising out of or related to your breach of this Agreement, your use (or misuse) of the Site and Services, or any actions taken by someone using your account, whether you authorize them or not. This includes any purchases made through the Site, as well as any negligent or improper use of the Site and Services by you or anyone else accessing the Site through your account.

Privacy Assurance

Your privacy matters to us at Pain Perspective Wellness LLC. By engaging with our Services, you're agreeing to our collection, usage, and sharing of your personal and aggregated data, as detailed in our Privacy Policy. This includes the handling of your personal information within the United States or any other place where our operations extend. Your registration details and other personal information are protected under our Privacy Policy, accessible for review at our website.

Data Protection Commitment

At Pain Perspective Wellness LLC, we prioritize the security and integrity of your data. While we implement robust security measures, we recognize that no system is impervious to breaches. As such, any submission of personal information is done at your discretion and risk.

Mobile Messaging Program Terms and Conditions for Pain Perspective Wellness LLC

Pain Perspective Wellness LLC ("We," "Us," "Our") invites you to participate in our mobile messaging program (the "Program"), which is governed by the following Terms and Conditions and Privacy Policy (collectively, the "Agreement"). By opting into the Program, you agree to these terms, including the agreement to resolve disputes through individual arbitration as outlined in the "Dispute Resolution" section below. This Agreement specifically applies to the Program and does not alter any other Terms and Conditions or Privacy Policy that may regulate our broader relationship.

User Participation:

To join the Program, you may opt-in through online forms or app-based enrollment. By opting in, you consent to receive marketing messages via SMS/MMS to the number you provided, acknowledging that such consent is not a purchase condition. You understand that message and data rates may apply, and the frequency of messages varies.

Opting Out:

Should you decide to discontinue your participation or disagree with future changes to this Agreement, you can opt out by texting STOP, END, CANCEL, UNSUBSCRIBE, or QUIT in response to any of our messages. Following your opt-out, you may receive a confirmation message.

Liability Clause:

You agree to indemnify and hold Us harmless from any claims resulting from incorrect information that leads to attempts by Us to contact you, including violations of the Telephone Consumer Protection Act or similar laws.

Program Overview:

Participants can expect messages related to health and wellness product promotions. The Program may include transactional messages and reminders.

Cost and Communication:

The Program involves recurring messages. For assistance, text "HELP" to the number provided in our messages or email hello@painperspectivewellnesscbd.com. Note that opting out via email is not permitted.

Warranty Disclaimer:

The Program is provided "as-is" without any guarantee of service availability or uninterrupted message delivery. We are not responsible for delayed or undelivered messages.

Participant Requirements:

Participants must own a compatible two-way messaging device and use a participating carrier. The Program is intended for users over the age of thirteen, with users under eighteen requiring guardian consent.

Prohibited Content and Dispute Resolution:

We outline content restrictions and detail the arbitration process for disputes in Las Vegas, NV, emphasizing individual resolution without jury trials or class actions.

Changes and Communication:

We reserve the right to modify this Agreement, with changes communicated via the Program or email. Continued participation after changes indicates acceptance.

This Agreement ensures you are informed about your participation in our mobile messaging Program, highlighting our commitment to transparency and user agreement in our communication practices.

External Links and Websites

Our website may include links to external websites that are not operated or owned by us. These external sites operate under their own privacy policies and data collection practices, which are not affiliated with Pain Perspective Wellness LLC. We do not have control over, nor do we endorse, the content, products, services, or practices of these third-party websites. The inclusion of these links is meant solely for your convenience, and you access them at your own risk. Our Agreement does not extend to your interactions with these external sites. You are responsible for understanding the risks involved with using these sites and we cannot be held liable for any damages or losses incurred from your engagements with them. If you have concerns about any of these external links or the content found on them, we advise you to directly contact the administrators of those sites.

Providing Feedback

By sharing your feedback, ideas, suggestions, documents, and/or proposals (“Feedback”) with us, whether through our suggestion box, feedback channels, forums, or similar platforms, you acknowledge that this is done voluntarily and at your own risk. Pain Perspective Wellness LLC is under no obligation to treat your Feedback with confidentiality. You affirm that you have the legal right to provide this Feedback. By submitting it, you grant Pain Perspective Wellness LLC a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, publish, reproduce, display, modify, create derivative works from, and otherwise freely utilize the Feedback. This includes the right to sublicense these rights for the purpose of improving and operating our services and website.

General Terms

You may not assign, subcontract, delegate, or transfer your rights or obligations under this Agreement without our explicit written permission. Any attempt to do so without our consent will be considered null and void.

Pain Perspective Wellness LLC will not be held liable for delays or failures in performance resulting from events beyond our reasonable control. This includes but is not limited to, natural disasters, wars, terrorism, riots, embargoes, actions of governmental authorities, fires, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

Arbitration Agreement for Pain Perspective Wellness LLC

Introduction to Arbitration Agreement

This Arbitration Agreement is a crucial part of our terms and conditions, requiring that disputes between you and Pain Perspective Wellness LLC be resolved through binding arbitration rather than in court. Please review this document carefully to understand your rights and obligations.

Scope of Arbitration Agreement

By using our website, purchasing products, or engaging with our services, you agree to resolve any disputes through arbitration. This encompasses all matters related to your interaction with Pain Perspective Wellness LLC, except where you or we are entitled to seek court intervention for intellectual property disputes. This agreement covers all claims past, present, and future.

Opting for Arbitration

Should you enter into arbitration with Pain Perspective Wellness LLC, you forego the right to pursue or join any class, collective, or representative legal actions. Instead, disputes will be resolved on an individual basis, with potential monetary or other remedies awarded by the arbitrator.

Arbitration Rules and Procedure

The arbitration will be governed by the Federal Arbitration Act and conducted under the American Arbitration Association's Consumer Arbitration Rules. You can initiate arbitration by filing a demand with the AAA, and we commit to assisting with arbitration fees for claims under $10,000, barring frivolous claims. Arbitrations can be conducted based on written submissions, via telephone, or in person, according to your preference.

Authority of Arbitrator

The appointed arbitrator has exclusive authority to resolve disputes, including any claims that the Arbitration Agreement is void or voidable. The arbitrator's decision will be final and binding, with limited rights to appeal or seek punitive or consequential damages.

Waivers

By agreeing to arbitration, you waive your right to a trial by jury and any right to pursue class, collective, or representative claims against Pain Perspective Wellness LLC. Disputes will be resolved exclusively through individual arbitration unless the clause is deemed unenforceable, in which case disputes will be resolved in Nevada courts.

Opt-Out Option

You have 30 days from accepting this agreement to opt-out by sending a clear notice to hello@painperspectivecbd.com. Opting out does not affect other aspects of your agreement with us or any existing arbitration agreements.

Severability and Survival

Should any part of this Arbitration Agreement be found invalid or unenforceable, the remaining portions remain in effect. This agreement survives the termination of your relationship with Pain Perspective Wellness LLC.

Amendments

We reserve the right to modify this Arbitration Agreement. Any changes will not retroactively apply to disputes for which you have already notified us.

By engaging with Pain Perspective Wellness LLC, you acknowledge your understanding and agreement to this Arbitration Agreement, recognizing its implications on how disputes are resolved between us.