TERMS & CONDITIONS
Buyer first states that Buyer is at least 21 years of age. (Minors attempting to make purchases will be prosecuted.)
The purchaser, whether it be a person, organization, group, corporation, or other legal entity, herein called “Buyer”, agrees to all of the terms and conditions applied to them by Upscale Supply, the UpscaleSupply.com web site, and all persons associated with it, herein collectively called “Seller”, by the disclaimer agreement displayed within this electronic document. Buyer states that they are not a law enforcement officer or a government employee. Buyer further states that they are not associated with nor affiliated with any government agency nor are ordering product under the instruction of any government agent or agency.
Buyer understands that Sellers offer of any product is void where prohibited, and that it is Buyers own responsibility to check and abide by local laws and regulations. Buyer will adopt and use all necessary safety precautions and will abide by all local, state/province and government regulations in accordance with the use of any product provided by Seller. Buyer agrees to make no attempt to hold Seller liable for anything that may happen to a consignment while en route, and Buyer understands that since Seller cannot know of all laws for all states and countries, it is entirely Buyers responsibility to make certain that the products ordered are allowed in Buyers state and country of residence. Buyer understands that returns cannot be accepted due to the possibility of contamination of product.
In addition, with the submitting of this electronic agreement via electronic processes, Buyer states that Buyer is at least 21 years of age. Minors attempting to make purchases will be prosecuted, as will those attempting fraud.
If Buyer provides a billing address that does not match the billing address on the bank records, orders will NOT be honored until the billing address is verified by Upscale Supply Also, orders CANNOT be placed by third parties; if the name on the Check or Credit Card does NOT match the name of the person placing the order, the order will most-likely be voided. If Upscale Supply decides to honor the transaction, it will be at the sole discretion of Upscale Supply, and additional information will then be required before the transaction can be processed, such as proof of age and address of all parties involved in the transaction.
PLEASE NOTE that, due to the amount of attempted fraud, and as an additional protection to our valued customers, we must verify all orders that are not shipping to the payee’s billing address. ALSO, please be aware that ALL Express Orders MUST ship to the billing address, no exceptions.
Please note that payments made to us via check and/or credit card are made to Upscale Supply, LLC. Orders will be shipped out upon clearing of the funds.
IMPORTANT LAST NOTES & DISCLAIMER
With the submitting of your personal information to the site or ordering system, you, the Buyer, agrees to all of the terms and conditions stated in this electronic document and you, the Buyer, will be legally bound by the terms and conditions stated in this electronic document, including the DISCLAIMER below.
We honor no claims or offers made by other sites in relation to ours.
DISCLAIMER: The information herein provided throughout this website on various natural botanical products, natural hemp products, and alternative health principles is for general information only. Please do not use this information to diagnose, treat or cure any illness or health condition. Any health or safety related issues rising due to individual application of our products should be further researched, and the advice of a medical professional requested for allergic reactions to individual ingredients. Upscale Supply and its owners or employees cannot be held responsible for, and will not be liable for the inaccuracy or application of any information whatsoever herein provided. None of our statements have been evaluated by the FDA.
When you order from Upscale Supply and its Website UpscaleSupply.com, You agree with the following in its entirety. These terms may be changed at any time by Upscale Supply, LLC from here on referred to as the “Seller”. A “Buyer” is any individual engaging in business with the Seller, such as but not limited to : an individual, company, firm or any other legal entity purchasing goods from the Seller for any reason. Goods are any material or products that are subject of the Contract. The “Contract” refers to the agreement between the Seller and Buyer in exchange for the sale of Goods.
1) Age: Goods may not be purchased by anyone less than 21 years of age. Buyer agrees that all orders may be subject to the requirement of adult signature or other proof of age of Buyer at time of delivery.
2) Use: Buyer understands that any and all Goods purchased from Seller are offered solely for the purpose of scientific research and development. Buyer will not hold Seller responsible for any seen or unforeseen consequence, nor harm or injury resulting in the misuse of said Goods.
3) Regulation and Risk of Loss: Buyer is wholly responsible for any and all applicable local laws relating to the purchase of Goods. Seller deems the offer of Goods void where prohibited. In the event Goods are lost during transit, due to Buyer negligence to obey applicable laws, Seller deems loss the responsibility of the Buyer. Any risk of loss expressly passes to the Buyer upon purchase of Goods.
4) Personal Information: Buyer affirms that the billing and shipping information given to Seller are truthful and accurate. Buyer confirms all personal information given is their own and not that of a third party.
5) Right to Refuse Sale: Seller reserves the right to refuse sale or service to anyone for any reason. Under no circumstance will Goods ever be shipped or sold to Buyers in the following countries: Thailand, Bhutan, Australia, Finland, Denmark, Poland, Lithuania, Malaysia, Myanmar (Burma).
6) Shipping: Seller will make all efforts to ship Goods to Buyer expeditiously. In the event of delay, Buyer acknowledges that Seller is not liable.
7) Returns: Refer to Return & Refund Policy page.
8) Severability: The validity of these terms and conditions are not affected by the declaration of one or more of the terms and conditions legally invalid, illegal, or unenforceable. Each term and condition stands on its own merits and shall not be deemed less valid by any seen or unforeseen change in the others, regardless of circumstance.
9) Choice of Law and Venue: These Terms and Conditions, as well as any sale of Goods to Buyer, are deemed to have been agreed to in and occurred in the State of Tennessee. Any disputes or interpretation construction, and the remedies for enforcement or breach, are to be applied pursuant to and in accordance with the laws of the State of Tennessee. Buyer and Seller expressly agree that all actions or proceedings arising in connection with the sale of any Goods or these Terms and Conditions shall be tried and litigated exclusively in the State or Federal Courts located in the State of Tennessee. The Buyer waives the right to contest exclusive venue by any motion to transfer, motion for forum non-conveniens or related motions.
10) Disclaimer of Liability: The purpose of this Terms and Conditions agreement is to alleviate any and all liability of the Seller for occurrences where harm or injury resulted from the purchase, use, or misuse of the Goods. By purchasing the Goods you are hereby affirming the following representations:
- a. I am over 21 and an adult under the laws of my State and Country.
- b. I am in good health and am capable of making my own decisions and representations.
- c. LIMITATION AND DISCLAIMER OF WARRANTIES. I clearly understand that all Goods & information obtained through Seller are provided ‘AS IS’ and without warranty, express or implied. All implied warranties of merchantability, fitness for a particular purpose, are hereby disclaimed.
- d. In no event will Seller be liable to me or anyone else for any damages or injury caused by use, misuse, or improper use of the Goods. Neither shall Seller be liable, to me or anyone else, for actions taken, by me or anyone else, resulting from reliance on information or views, verbal or in literature obtained through Seller in any way. Waiver of liability includes all damages whether incidental, consequential, special, or similar.
- e. I agree to indemnify and hold harmless Seller and all other parties involved, including but not limited to their owners, officers, affiliates, associates and employees, for any and all damages incurred as result of the purchase, use, or misuse of the Goods. The Seller and all related aforementioned parties shall not be liable under any theory whatsoever.
- f. There are no circumstances in which Seller shall be liable for any damages whether direct or indirect, special, incidental, consequential or punitive.
- g. I HAVE CLEARLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS, AS WELL AS ANY AND ALL CAUTIONS & WARNINGS, INCLUDING BUT NOT LIMITED TO THE WARNINGS PRINTED ON THE LABEL. I hereby agree to carefully abide by these cautions & warnings. I also will abide by all warnings stated on the website, regarding product use.
- h. This product has not been evaluated by the FDA and is not intended to treat, prevent or diagnose any disease. You must be 21 years old to purchase