Terms of Service

Overview

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This website is operated by Bongtastic Smoking and Party Supplies. Throughout the site, the terms “we”, “us” and “our” refer to Bongtastic. Bongtastic offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

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

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Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. 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.

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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.

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Our store is hosted on Wix Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

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SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent and warrant (1) that you are at least the age of majority in your state, province, or jurisdiction of residence, or that any minor dependent has your permission to use this Site, www.bongtastics.com, (2) that all of the information that you provide to Bongtastic Smoking and Party Supplies is true and accurate; (3) that you are an authorized user of the credit or debit card used to place your order; (4) that there are sufficient funds to cover the cost of the goods ordered; (5) that products purchased from this website are legal in your jurisdiction, (6) that you will not use the services in any illegal manner including using smoking devices for marijuana, (7) that you are not relying on any information or representations made on this site in your decision to purchase products, (8) that such purchase is at your own risk, (9) that you acknowledge the FDA Disclaimer and that you will consult a physician before using the consumable products, (10) that you understand any products bought from this site are for your personal use only and not for resale, (11) that you acknowledge the products affect people differently and that you may feel intoxicated and should not operate a vehicle or machinery after use, (12) that our consumable products should not be used if pregnant or breastfeeding, (13) that you will not exceed one serving of any consumable product per day, and (14) that some products including cannabis seeds and smoking devices are for legal herbal or novelty purposes only. 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 and could lead to damages owed to Bongtastic Smoking and Party Supplies.

SECTION 2 - GENERAL CONDITIONS
Bongtastic Smoking and Party Supplies reserves 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 www.bongtastics.com through which the service is provided, without express written permission by Bongtastic Smoking and Party Supplies.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

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SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
Bongtastic Smoking and Party Supplies is not responsible if information made available on www.bongtastics.com is not accurate, complete, or current. The material on this site is provided for general information 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, including your physician. 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. Bongtastic Smoking and Party Supplies reserves 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.

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SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for products at Bongtastic Smoking and Party Supplies are subject to change without notice.
Bongtastic Smoking and Party Supplies reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
Bongtastic Smoking and Party Supplies 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 (if applicable)
Certain products or services may be available exclusively online through the Bongtastic Smoking and Party Supplies website, www.bongtastics.com. These products or services may have limited quantities and are subject to return or exchange only according to the Bongtastic Smoking and Party Supplies Return Policy.
Bongtastic Smoking and Party Supplies has made every effort to display as accurately as possible the colors and images of our products that appear at the store. However, we cannot guarantee that your computer monitor's display of any color will be accurate.
Bongtastic Smoking and Party Supplies reserves the right, but is 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 also 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 Bongtastic Smoking and Party Supplies. 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.
Bongtastic Smoking and Party Supplies does 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.

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SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
Bongtastic Smoking and Party Supplies reserves 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 e‑mail and/or billing address/phone number provided at the time the order was made. Bongtastic Smoking and Party Supplies reserves 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, www.bongtastics.com. 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 detail, please review the Bongtastic Smoking and Party Supplies Returns Policy.

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SECTION 7 - OPTIONAL TOOLS

Bongtastic Smoking and Party Supplies 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 Bongtastic Smoking and Party Supplies provides access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. Bongtastic Smoking and Party Supplies shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site, www.bongtastics.com, 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).

Bongtastic Smoking and Party Supplies 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.

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SECTION 8 - THIRD-PARTY LINKS
Content, products, and services accessible through Bongtastic Smoking and Party Supplies' Service may feature materials from external sources.

Links to third-party sites found on www.bongtastics.com might lead you to websites unaffiliated with Bongtastic Smoking and Party Supplies. Our responsibility does not extend to examining or assessing the precision or content of these external sites, and we make no guarantees, nor accept any liability or responsibility for any content, products, or services offered by these third-parties, and we do not endorse them in any way.

Bongtastic Smoking and Party Supplies bears no responsibility for any damage or harm resulting from your procurement or use of goods, services, resources, or content, or from any other transactions involving third-party websites. We strongly advise reviewing the policies and practices of these third-parties to fully understand them before engaging in any transactions. Should you have complaints, claims, concerns, or queries about third-party products, these should be directed to the respective third-party.

You agree that any decisions to purchase a product or use a service based on a third-party link from our site are made at your own risk and discretion, and should not solely rely on the information provided in these third-party links.

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SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
Should you, upon our solicitation, provide specific submissions (like contest entries) or, unsolicited, send us your creative thoughts, suggestions, plans, or other materials in any form (referred to collectively as 'comments'), you hereby consent to Bongtastic Smoking and Party Supplies freely editing, reproducing, publishing, distributing, translating, and utilizing in any medium any comments you send us. Bongtastic Smoking and Party Supplies is not obligated to (1) keep any comments confidential; (2) compensate for any comments; (3) engage in correspondence regarding comments; or (4) ensure ongoing visibility of any comments.

While Bongtastic Smoking and Party Supplies is not obliged to do so, we retain the right to monitor, edit, or remove content at our sole discretion if it is deemed illegal, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or if it infringes upon intellectual property rights or violates these Terms of Service.

You commit to ensuring your comments do not infringe on the rights of any third party, including but not limited to copyright, trademark, privacy, and personal or proprietary rights. Additionally, you agree that your comments will not contain any defamatory, unlawful, abusive, or obscene material, nor any computer virus or other malware that could in any way disrupt the operation of the Service or any related website. You agree not to use a false email address, impersonate any person other than yourself, or mislead us or third parties as to the origin of any comments. You bear full responsibility for the comments you submit and their accuracy. Bongtastic Smoking and Party Supplies assumes no responsibility and accepts no liability for any comments posted by you or any third party.

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SECTION 10 - PERSONAL INFORMATION
The submission of your personal information through Bongtastic Smoking and Party Supplies' online store, available at www.bongtastics.com, is regulated by our Privacy Policy. For a comprehensive understanding of how we handle your personal data, please refer to our Privacy Policy.

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SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
From time to time, the content on www.bongtastics.com or within the Services of Bongtastic Smoking and Party Supplies might display typographical mistakes, inaccuracies, or leave out details related to product descriptions, pricing, promotions, offers, product shipping fees, transit periods, and product availability. Bongtastic Smoking and Party Supplies holds the right to rectify any such errors, inaccuracies, or omissions, and to alter or update information or cancel orders if any information in the Service or on any associated website proves inaccurate at any moment without prior notification (this includes situations post your order submission).

Bongtastic Smoking and Party Supplies is not bound to revise, modify, or clarify information in the Service or on any associated website, pricing details included, unless as mandated by law. Any update or refresh date provided in the Service or on any related website is not to be construed as an indication that all information in the Service or on the said website has been changed or updated.

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SECTION 12 - RESTRICTED ACTIVITIES
Beyond the restrictions outlined in the Terms of Service, the use of Bongtastic Smoking and Party Supplies' website, www.bongtastics.com, and its contents is strictly forbidden for the following activities: (a) any illegal purposes; (b) prompting others to engage in or contribute to illegal activities; (c) breaching any international, federal, state, or local laws and regulations; (d) infringing on or violating our or others' intellectual property rights; (e) engaging in behavior that is harassing, abusive, offensive, defamatory, slanderous, disparaging, intimidating, or discriminatory based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submitting inaccurate or deceptive information; (g) uploading or spreading viruses or any other kind of harmful code that may impact the functionality or operation of the Service, any related website, other websites, or the Internet; (h) collecting or tracking others' personal data; (i) engaging in spamming, phishing, pretexting, spidering, crawling, or scraping activities; (j) for any obscene or unethical purpose; (k) interfering with or bypassing the security measures of the Service, any connected website, other websites, or the Internet; and (l) the prohibition of using or cultivating marijuana with products and services bought from this site, many of which are intended solely for novelty use. Bongtastic Smoking and Party Supplies reserves the right to terminate your access to the Service or any related website for any breaches of these restricted uses.

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SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Bongtastic Smoking and Party Supplies does not assure, represent, or guarantee continuous, timely, secure, or error-free operation of our service.

We cannot confirm that the outcomes obtained from the use of the service will always be precise or dependable.

You acknowledge that Bongtastic Smoking and Party Supplies may occasionally suspend the service for indefinite periods, or terminate the service at any given time without prior notification.

Your decision to use, or your inability to use, the service is solely at your own risk. By choosing to use our products and services, you accept this risk. The service and all products and services provided to you through the service are offered 'as is' and 'as available,' without any form of warranty, either expressed or implied, including but not limited to any implied warranties of merchantability, quality fit for a particular purpose, durability, title, and non-infringement.

Under no circumstances shall Bongtastic Smoking and Party Supplies, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be responsible for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether in contract, tort (including negligence), strict liability, or otherwise, arising from your use or misuse of the service or any products obtained using the service, or for any other claim related in any way to your use of the service or any product. This includes, but is 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. As some states or jurisdictions do not allow the exclusion or 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.

Furthermore, Bongtastic Smoking and Party Supplies is not liable for any consequences arising from the use of our products, including any action taken by law enforcement or other agencies. We are not accountable for any misunderstanding by third parties or law enforcement between hemp and marijuana. You acknowledge that purchasing hemp or consumption devices carries a risk from a law enforcement perspective, which you are assuming. Also, you acknowledge that some products, including cannabis seeds and smoking devices, are solely for novelty purposes and Bongtastic Smoking and Party Supplies is not liable for any illicit use or application of these products.

The material presented on this site is offered without any assurances, conditions, or guarantees regarding its accuracy. To the fullest extent permitted by law, Bongtastic Smoking and Party Supplies, along with its suppliers, content providers, and advertisers, expressly exclude and disclaim all conditions, warranties, and other terms that might otherwise be implied by statute, common law, or the law of equity. We shall not be liable for any damages whatsoever, including but not limited to direct, indirect, special, consequential, punitive, or incidental damages, or damages for loss of use, profits, data, or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services. These damages may arise from or relate to the use, inability to use, performance or failures of this website or the linked sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law, or otherwise.

In the event of a successful claim against Bongtastic Smoking and Party Supplies, any damages are strictly limited to the amount paid for the product or service, and you may be responsible for our attorney’s fees and costs for defending a claim.

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SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Bongtastic Smoking and Party Supplies and its parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claims, demands, losses, costs, liabilities, and expenses (including reasonable attorneys' fees). This indemnification applies to issues arising from your use or inability to use the website or services, any third party's use of the website or services through you, and any user content you post. It covers situations arising from your use of the website, any breach of these Terms of Service or referenced documents, or your violation of any law or the rights of a third party.

Bongtastic Smoking and Party Supplies retains the right, at its own expense, to take on the exclusive defense and control of any matter otherwise subject to indemnification by you. In such a case, you agree to cooperate fully with Bongtastic Smoking and Party Supplies in any investigation and in defending against such claims.

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SECTION 15 - SEVERABILITY
If any part of these Terms of Service is found to be illegal, void, or unenforceable, that part shall still be enforced to the maximum extent permissible under the law. The unenforceable portion will be considered detached from these Terms of Service, but this will not affect the validity and enforceability of the remaining provisions.

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SECTION 16 - TERMINATION
Any responsibilities and liabilities of the parties incurred before the termination of this agreement will continue beyond the termination for all purposes. These Terms of Service remain valid until they are terminated by either you or Bongtastic Smoking and Party Supplies. You can terminate these Terms of Service at any time by informing us that you no longer wish to use our Services, or if you stop using our website. If we believe, in our sole judgment, that you have failed, or suspect you have failed, to comply with any term or provision of these Terms of Service, we 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 may also be denied access to our Services (or any part thereof).

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SECTION 17 - ENTIRE AGREEMENT
Our failure to enforce any right or provision of these Terms of Service does not constitute a waiver of those rights or provisions. These Terms of Service and any policies or operating rules posted by us on the site or in respect to the Service form the complete agreement and understanding between you and Bongtastic Smoking and Party Supplies, governing your use of the Service. This agreement supersedes any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including any earlier versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be used against the party drafting them.

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SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements in which we provide you Services will be governed by and interpreted in accordance with the laws of Texas, United States, without regard to its conflict of law principles. The venue for any disputes will be the state district court for Travis County, Austin, Texas, or the U.S. District for the Western District of Texas, Austin Division. You consent to waive any objections to this forum. Within sixty days after a dispute arises, you and Bongtastic Smoking and Party Supplies agree to mediate the dispute before a mutually agreed upon neutral third-party mediator at each party's own expense. If mediation is unsuccessful, Bongtastic Smoking and Party Supplies retains all legal remedies. The prevailing party in any litigated dispute will be entitled to its attorneys' fees and costs. The requirement to mediate is a precondition to filing suit against us. You and Bongtastic Smoking and Party Supplies agree that any legal proceedings to resolve or litigate any dispute will be conducted individually and not in a class, collective, or representative action. By ordering from our website or purchasing our product, you irrevocably waive any right to join claims with others in a class action or similar procedural format. Any claims related to your use of our website or products must be brought individually.

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SECTION 19 - MODIFICATIONS TO TERMS OF SERVICE
The latest version of the Terms of Service is always accessible on this page for your review. Bongtastic Smoking and Party Supplies retains the exclusive right to modify, amend, or substitute parts of these Terms of Service at any moment by posting the revisions on our website, www.bongtastics.com. It is your responsibility to regularly check our website for any updates. By continuing to use or access our website or the Service after any revisions are posted, you agree to accept and adhere to the updated Terms of Service.

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SECTION 20 - CONTACT INFORMATION
If you have any inquiries regarding the Terms of Service, please reach out to Bongtastic Smoking and Party Supplies for assistance.

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SECTION 21 - SHIPPING POLICY
Bongtastic Smoking and Party Supplies dispatches orders from Los Angeles, California. We are pleased to offer complimentary shipping across the USA on all orders. Expedited or international shipping services are available at an additional cost.

For international orders, shipping rates will be calculated during the checkout process, and delivery typically takes between 5 to 15 days. Please be aware that Bongtastic Smoking and Party Supplies is not responsible for any items that are lost, seized, or confiscated during shipping. It is important to recognize that while hemp-based products are legally distinct from marijuana, there can be confusion between the two. Please note that none of our products are derived from marijuana. Some items bought from our website might be considered paraphernalia if used for marijuana purposes. Although we do not endorse these products for such use, they may be subject to seizure by law enforcement or other government agencies. Additionally, any seeds purchased from our site or via a third-party link are intended for novelty purposes only. In cases where items are lost, seized, or confiscated in the mail, Bongtastic Smoking and Party Supplies is unable to provide replacement products.

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SECTION 22 – FORCE MAJEURE CLAUSE
By using Bongtastic Smoking and Party Supplies, you agree not to hold us accountable for any interruptions or failures in delivering our products due to circumstances beyond our control. This includes, but is not limited to, acts of God, pandemics, epidemics, changes in legislation, actions taken by law enforcement, governmental orders, natural disasters like hurricanes, floods, and tornadoes, wars, uprisings, acts of terrorism, riots, criminal activities, labor shortages, both legal and illegal strikes, disruptions in postal or courier services, interruptions in infrastructure, communication breakdowns, shortages of materials, or any other events that are out of our control or render the fulfillment of your order unfeasible.

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SECTION 23 – FDA DISCLAIMER
The information about products and services on our website www.bongtastics.com has not been evaluated by the Food and Drug Administration (FDA). The effectiveness of these products is not supported by FDA-approved research. These products are not designed to diagnose, treat, cure, or prevent any diseases. All the information provided here serves only for educational and informational purposes and should not replace or serve as an alternative to professional healthcare advice. Before using any product, we advise consulting with healthcare professionals regarding possible interactions or complications.

Should you suspect any medical issues, contact your healthcare provider immediately. Do not neglect, postpone, or dismiss obtaining medical advice from your doctor or other qualified health providers due to something you have read on our site. Neither our website, customer service representatives, employees, nor any affiliated third parties are qualified to give medical advice. Pregnant or breastfeeding individuals should refrain from using our products.

Bongtastic Smoking and Party Supplies is not liable for the use, misuse, or overuse of any of our products. You assume full responsibility and risk for using our products and services. Be aware that some of our products might cause drowsiness, hence they should not be used before driving or operating heavy machinery. Consult a healthcare provider for appropriate serving sizes for your body. We are not responsible for any consequences affecting you, your family members, friends, or third parties related to the use or purchase of our products and services.

©2024 Bongtastic Smoking and Party Supplies, www.bongtastics.com, is a property of Bongtastic Inc. By accessing and using this website, you acknowledge and agree to adhere to these Terms of Service, as well as all applicable laws and regulations. You also agree to be responsible for compliance with any local laws that apply to you. All products showcased and sold on this website are designed for use with hemp-derived products containing less than 0.3% THC by dry weight, along with other lawful herbs.