Customers wishing to use the DFFRNTWRLD® ONLINE Members’ Service must accept these Membership Conditions.
A “Member” is defined as an individual who has accepted the conditions of this agreement and registered with the DFFRNTWRLD® ONLINE membership in accordance with the procedure set out by the Company. “Member Information” is defined as information on Member attributes that Members have provided to the Company and information such as the individual Members’ transaction histories.
These Conditions apply to all Members and must be observed both at the time of registration and after registration.
Modification of Conditions
Members agree that DFFRNTWRLD® has the right to modify these Conditions as and when it sees fit. All modifications become effective as of the moment they are posted on the website specified by the Company.
Individuals who have accepted these Conditions submitted the prescribed application and completed the prescribed registration procedure to acquire the status of Member. The membership registration procedure must be completed by the person who is to become a Member and no registration by proxy is permitted. In some cases, membership applications submitted by persons whose membership has been revoked in the past or other persons whom the Company deems unsuitable may be refused.
When completing the membership registration procedure, applicants should carefully read the notes on completing the application form and ensure that all the required information entered on the prescribed application form is accurate.
Member ID and password management
- Members bear full responsibility for the management and use of their member ID and password.
- Members should manage their password responsibly, taking precautions to ensure that it does not become known to other persons, such as changing it on a regular basis.
- Members must not lend, transfer, sell or disclose their ID or password to a third party, nor share them with a third party.
- The Company uses the Member ID and password entered to identify the Member using the prescribed method, and all declarations of intent made by a Member identified in this way are considered to be declarations of intent made the Member himself or herself. The Company accepts no responsibility whatsoever for any damage resulting from errors in the use, theft by a third party, or unauthorized use of a Member ID or password.
Amending Member information
Members must follow the prescribed procedure to notify the Company without delay of any change to the Member information they have registered. The Company accepts no responsibility whatsoever for any damage resulting from failure to amend registered information.
Resignation from membership
- If a Member wishes to resign from the membership scheme, the Member himself or herself must complete the resignation procedure. The Member is considered as having resigned from membership once the prescribed resignation procedure has been completed.
- Upon resignation, a Member forfeits all the rights and privileges of membership.
Suspension or revocation of membership and liability for damage
In any of the circumstances described below, the Company has the right to suspend the Member’s right to use the Company’s services or revoke his or her membership without prior notice. The Company accepts no responsibility for any damage that may be incurred by the Member in consequence of these measures. The Member is liable for compensation in respect of any damage that may be incurred by the Company or by a third party in any of the circumstances described below.
- If the Member has submitted a false declaration when registering as a Member
- If the Member’s conduct has violated laws, regulations, these Membership Conditions, etc.
- If the Member has engaged in any inappropriate actions when using the Company’s services
- If the Member has hindered the operation of the Company’s business
- If the Company deems that the Member is unsuitable for membership for any other reason
Handling of Member information
- The Company has the right to use Member information for the purposes of providing services to its members, improving the content of its services, promoting the use of its services, and ensuring the sound and smooth operation of its services.
- The Company may provide information to Members via an e-mail magazine or by other methods (including advertisements). Any Member who does not wish to receive information informs should inform the Company by the method prescribed by the Company. The Company will then cease providing information to the Member.
Members must not engage in any of the conduct described below when using the Company’s services.
- Conduct violating laws and regulations, these Membership Conditions, the Conditions of Use, or any other conditions set out by the Company
- Conduct harmful to the rights, interests, good name, etc. of the Company, other Members or third parties
- Conduct detrimental to public order or morals
- Conduct disturbing or annoying to other users or third parties
- Conduct hindering the operation of the Company’s business or harmful to the Company’s reputation
- Submitting false information
- Sending or posting harmful computer programs, e-mail messages, etc.
- Accessing the Company’s server or other computers without authorization
- Lending, transferring, selling or disclosing their Member ID or password to a third party, or sharing them with a third party
Interruption, suspension, etc. of services
The Company may interrupt or suspend the provision of some or all of its services, without prior notice, when the Company needs to undertake regular or emergency maintenance work, when the system is under a heavy load, when the Company deems that the operation of its services may be detrimentally affected when the Company needs to take action to ensure the security of Members, or in any other situation where the Company judges necessary, in order to ensure that the services it provides remain in good order. The Company accepts no responsibility whatsoever for any damage incurred by Members in consequence of these measures.
- The Company accepts no responsibility for any damage, losses, disadvantages, etc., that Members may incur, whether directly or indirectly, while using its services, resulting from system interruptions, delays or stoppages or loss of data, due to natural disasters, power outages, telecommunications or computer faults, unauthorized accessing of data, or any other force majeure. If a Member causes any damage, etc. to a third party through the use of these services, the Member must resolve the matter on his or her own responsibility and at his or her own expense, and must not cause any damage, losses, etc. to the Company.
- The Company makes no warranty of any kind that the content of the information it provides via websites, e-mail, etc. is accurate, current, useful, or reliable.
- The Company may modify or suspend the structure of its website, Conditions of Use, URL, content, etc. without prior notice. The Company accepts no responsibility whatsoever for any damage resulting from a Member’s contravention of these Membership Conditions, etc.
Modification or discontinuation of services
The Company may, as appropriate, modify or discontinue some or all of its services, at its own discretion, without prior notice.
The Tribal Justice Court has exclusive jurisdiction in the first instance over any disputes relating to this Contract.
Amitabha Gardens & Space Pack Club
Some of our products and services may have additional rules, policies, and procedures (“Additional Terms”). Where Additional Terms apply to a product or service, we will make them available for you to read through your use of that product or service. By using that product or service, you agree to any Additional Terms.
THE COMPANY RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO REVISE THESE TERMS AND CONDITIONS OF USE AT ANY TIME BY UPDATING THIS AGREEMENT ON THE WEBSITE. PLEASE CHECK THESE TERMS PERIODICALLY FOR CHANGES. IF WE CHANGE THIS AGREEMENT, WE WILL GIVE YOU NOTICE BY POSTING THE REVISED AGREEMENT ON THIS WEBSITE. THOSE CHANGES WILL GO INTO EFFECT ON THE REVISION DATE SHOWN IN THE REVISED AGREEMENT. YOUR CONTINUED USE OF THE WEBSITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES AND THAT THEY APPLY TO YOU. THESE TERMS AND CONDITIONS OF USE APPLY TO EVERY WEBSITE MAINTAINED BY THE COMPANY. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS OF USE, PLEASE DO NOT USE THIS WEBSITE. IF YOU BREACH ANY OF THESE TERMS AND CONDITIONS OF USE YOUR RIGHT TO USE THIS WEBSITE WILL TERMINATE AUTOMATICALLY.
www.AMITABHAGARDENS.com and www.SPACEPACK.club are online websites of DFFRNTWRLD® LLC. The Company sell specialty industrial hemp, herbal (zero tobacco) smoke and products stores in the United States in addition to this Website, hereby known as “Lifestyle Products” A map to any individual store may be found on the site. If you use this Website from other locations you are responsible for compliance with any and all applicable local laws.
1. THE SALE OF AMITABHA GARDENS PRODUCTS
The Company does not sell AMITABHA GARDENS Products to persons under the age of 21. By using this site you are representing that you are over the age of 21. The Company makes every effort to ensure that AMITABHA GARDENS Products are not delivered to anyone who is under the age of 21. By using this site you are representing that the person receiving a shipment of Lifestyle Products from the Company is over the age of 21. You also agree that any product purchased from the Company is intended for personal consumption and not for resale. If your purchase is spoiled, contaminated or otherwise not consumable you may return the product within seven (7) days with a valid receipt for a refund to the original form of payment or, if you prefer, exchange the product.
2. USE OF SITE
The Company maintains this Website and its contents for your personal information, entertainment and education. You agree to (a) provide AMITABHA GARDENS with complete and current registration information when you first register for this Website and (b) keep such registration information updated and current. Persons under 21 are prohibited from providing personal information on our Website. Those who choose to access the Website from locations other than where we ship or do business do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable.
Please feel free to browse the website. You may not distribute, retransmit, republish, reuse, re-post, or use the contents of this website for public or commercial purposes, without the Company’s prior written permission. Please send your request for approval to firstname.lastname@example.org You may not alter or interfere with the content or functioning of the Website or our social media pages (Instagram, Twitter, Facebook or Linkedin) , or “mirror” any content contained on this Website or social media pages on any other server or any other cloud platform. The materials on this Website and on our social media pages are the intellectual property of DFFRNTWRLD® and any unauthorized use may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. If you breach any of the terms of conditions of use, your right to use this Website will terminate automatically.
You are responsible for your use of the Website, and for any use of the Website made using your account. At the Company, our goal is to create a safe and rewarding experience in connection with our Website. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to the Company. When you use the Website, you may not:
• Intentionally or unintentionally violate any law or regulation;
• violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
• post, share, send, or otherwise use the website to do anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable (such as sending unsolicited or unauthorized advertising or commercial communications as outlined in our Anti-Spam Policy described below);
• transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
• use automated methods to use the Website nor use any means to scrape or crawl any Web pages or content contained in the Website (although the Company may allow operators of public search engines to use spiders to index materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, and the Company reserves the right to revoke these exceptions either generally or in specific cases);
• attempt to circumvent any technological measure implemented by the Company or any of the Company’s providers or any other third party (including another user) to protect the Website;
• attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Website; or
• advocate, encourage, or assist any third party in doing any of the foregoing.
ANTI-SPAM POLICY – The Company strictly prohibits the sending of unsolicited bulk email (spam). Spam is defined for this purpose as sending multiple messages similar in content to any persons, entities, newsgroups, forums, email lists, or other groups or lists unless prior authorization has been obtained from the email recipient or unless a business or personal relationship has already been established with the email recipient. The Company also prohibits using false headers in emails or falsifying, forging or altering the origin of any email in connection with the Company, and/or its products and services. The Company prohibits engaging in any of the foregoing activities by using the service of another provider, remailer service, or otherwise.
You agree not to interfere or take action that results in interference with or disruption of the Website or servers or networks connected to the Website. You agree not to attempt to gain unauthorized access to other computer systems or networks connected to the Website.
3. RECEIVING MERCHANDISE AND PASSAGE OF TITLE
Laws regarding the sale and transportation of AMITABHA GARDENS Products are complex and constantly changing. The politics, policies and procedures regarding such sales and transportation are different in every state. That being said, Title to the AMITABHA GARDENS Products passes to you upon purchase in either California or Oregon. In the event that AMITABHA GARDENS may ship AMITABHA GARDENS Products to your state in accordance with a state privilege requiring the payment of state taxes, you will be charged the state taxes (including the sales tax), if any, assessed by your state for that transaction; otherwise either California or Oregon sales tax will be assessed on the sale. Title to all product intended for shipment to federal property and Indian reservations passes to the customer when the goods are picked up by the common carrier, and California sales tax will be collected on all such purchases. When your order is approved by your credit card company, you own the goods. If you choose shipping as a delivery method, you are asking us to engage a common carrier to deliver your order to you. We make no representations about the legality of shipping AMITABHA GARDENS Products. Our site lists those states where common carriers will deliver hemp or herbal smoke products. You are responsible for compliance with all laws regarding such shipments.
By arranging for transportation of the AMITABHA GARDENS Products, AMITABHA GARDENS is providing a service to, and acting on behalf of you. By utilizing this service from AMITABHA GARDENS you are representing that you are acting in compliance with your local and state laws regarding the purchase, transportation and delivery of ChiefStix Products. You further represent that you have obtained any required permission, paid any required fees, are working through properly licensed intermediaries where required, are legally entitled to take possession of the AMITABHA GARDENS Products, are legally entitled to take quantities ordered and that you and the person accepting delivery of the products are at least 21 years of age. If, between the date of order and date of arrival, the laws of your state change so as to make it illegal for you to import your shipment, you may return the order for a full refund.
All returns must be made in accordance with California and/or Oregon law and returns across state lines are normally not permitted.
4. RECEIVING PRODUCT FROM AMITABHAGARDENS.COM
All orders are shipped out Monday through Friday according to the following schedule:
• All Orders placed before 4:00 pm (Pacific Standard Time) Monday through Friday will be shipped out the following business day
• Orders placed on weekends and major Holidays will be shipped out the next business day
• Overnight and 2nd Day Air: Orders placed before 9:00 pm (Pacific Standard Time) are shipped the following day. Therefore, if you choose Next Day Air it will leave our shipping facility the following day and arrive at its destination the next day.
• We reserve the right to hold shipments if we believe weather conditions (extreme heat or freezing cold) may impact the quality of our product.
• If you have particular requests, please note those in the “Special Instructions” box.
5. DISCLAIMERS OF WARRANTIES
THE MATERIAL CONTAINED IN THIS WEBSITE HAS BEEN CHECKED FOR ACCURACY; HOWEVER, THERE MAY BE INADVERTENT TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS. THE COMPANY EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION CONTAINED ON THIS WEBSITE. INFORMATION PUBLISHED ON THIS WEBSITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR STATE OR COUNTRY. WITHOUT LIMITING THE FOREGOING, THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OF IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
6. LIMITATION OF LIABILITY; INDEMNIFICATION
NEITHER THE COMPANY NOR ANY THIRD PARTY INVOLVED IN CREATING OR DELIVERING THE WEBSITE WILL BE LIABLE UNDER ANY THEORY (INCLUDING NEGLIGENCE) FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY MAY CHANGE INFORMATION CONTAINED ON THE WEBSITE AT ANY TIME. ALL USERS OF THE MATERIAL AGREE THAT ACCESS TO AND USE OF THE MATERIAL IS SUBJECT TO THE TERMS AND CONDITIONS STATED IN THIS LEGAL NOTICE, AS WELL AS ALL APPLICABLE LAWS. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THIS WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY CONTENT ON THE SITE, YOUR REMEDY IS TO DISCONTINUE USING THIS SITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT, OR OTHER GROUNDS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS COMPANY, ITS AFFILIATES, AGENTS, INDEPENDENT CONSULTANTS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY AND ALL LIABILITIES, CLAIMS, EXPENSES AND DAMAGES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THIS WEBSITE, ANY SALE CONDUCTED HEREUNDER, OR INFORMATION REGARDING COMPANY PRODUCTS, OR IN CONNECTION WITH YOUR ACCOUNT OR ANY OTHER PERSON’S USE OR ACCESS TO THIS SERVICE BY OR THROUGH YOUR ACCOUNT, WITH OR WITHOUT YOUR PERMISSION, INCLUDING WITHOUT LIMITATION ANY CLAIMS OF NEGLIGENCE, LIBEL, DEFAMATION, VIOLATION OF RIGHTS OF PRIVACY OR PUBLICITY, TRESPASS, AND INFRINGEMENT OF INTELLECTUAL OR OTHER PROPRIETARY RIGHTS.
7. COPYRIGHTS, TRADEMARKS AND OTHER PROPRIETARY RIGHTS
The contents of this Website, such as trademarks, designs, text, logos, and icons, or other intellectual property are owned by and proprietary to the Company. You may not display, reproduce, distribute, modify, transmit, or otherwise use the contents of the Website in any way for any public or commercial purposes, without the Company’s written permission. You are authorized to use this material only for personal, non-commercial purposes.
As a convenience to you, our Website may display links to other sites which are not maintained by the Company. The Company is not responsible or liable for the content or operation of third-party sites, and the presence of such links does not imply that the Company is affiliated with such sites or third parties. We try to include only links to those sites which are in good taste and safe for our visitors.
9. GOVERNING LAW
This Agreement will be governed by and interpreted in accordance with the laws of Washington DC without regard to any conflict of laws principles.
10. ARBITRATION AGREEMENT
THIS SECTION LIMITS CERTAIN RIGHTS THAT YOU AND WE MIGHT HAVE, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR COMPANY WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
A. You and AMITABHA GARDENS agree that they will resolve any disputes through binding and final arbitration instead of through court proceedings. All controversies, claims, counterclaims, or other disputes arising between you and AMITABHA GARDENS relating to the Service or this Agreement (each a “Claim”) shall be submitted for binding arbitration. The Federal Arbitration Act governs the interpretation and enforcement of the agreement to arbitrate in this Section 10. Arbitration shall be initiated through selected by the Company and approved by you, or an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If the selected provider is not available, the parties shall select an alternative ADR Provider. The parties may also mutually agree on an alternative ADR provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms (“Arbitration Rules”). The arbitration shall be conducted by a single, neutral arbitrator. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
B. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, AMITABHA GARDENS will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. However, AMITABHA GARDENS will not pay your share of the arbitration fees if the arbitrator finds that either your claim or the relief sought is frivolous or brought for an improper purpose, as measured by the standards of Federal Rule of Civil Procedure 11(b).
C. This arbitration agreement does not preclude you from seeking action by federal, state, or local government agencies. You and AMITABHA GARDENS also have the right to bring qualifying claims in small claims court. In addition, you and AMITABHA GARDENS retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with this Agreement, nor a waiver of the right to have disputes submitted to arbitration as provided in this Agreement.
D. NEITHER YOU NOR AMITABHA GARDENS MAY ACT AS A CLASS REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL, NOR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, WITH RESPECT TO ANY CLAIM. CLAIMS MAY NOT BE ARBITRATED ON A CLASS OR REPRESENTATIVE BASIS. The arbitrator can decide only your and CHIEFSTIX’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
E. If any provision of this Section 10 is found to be invalid or unenforceable, except for subparagraph (d), then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section 10 shall continue in full force and effect. No waiver of any provision of this Section 10 will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Agreement. If subparagraph (d) is found to be invalid or unenforceable then neither you nor AMITABHA GARDENS shall be entitled to arbitration.
F. This Arbitration Provision shall survive termination of your relationship with AMITABHA GARDENS.
H. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court (including but not limited to in the event you opt out of arbitration pursuant to subparagraph (g)), the parties hereby agree to submit to the personal jurisdiction of the courts located in Washington DC, for such purpose.
No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term(s) or condition(s) being waived or amended. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
If any provision of this Agreement or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then provided that the essential consideration for entering into this Agreement on the part of any party is not unreasonably impaired, such provision or portion thereof shall be modified or deleted in such manner as to render this Agreement as modified legal and enforceable to the maximum extent permitted under applicable laws.
The party entering into this Agreement hereby acknowledges, represents and warrants that he or she is expressly and duly authorized to enter into this Agreement and to legally bind said party to this Agreement.
You may contact us by emailing us at email@example.com
PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS AND PLEASE CHECK THE WEBSITE FREQUENTLY FOR ANY CHANGES TO THIS AGREEMENT.
Last Updated: April 29, 2020