Terms and Conditions
This website is operated by Luminate Brands (“Luminate Brands,” “we,” “us,” or “our”). We provide access to this website, including our online store and all related information, products, and services, subject to your acceptance of and compliance with the terms, conditions, policies, and notices outlined herein.
By using this website, you acknowledge and agree to be bound by our Terms & Conditions and all applicable policies. We encourage you to carefully read and review these Terms & Conditions before proceeding. Continued use of the site constitutes your express agreement to be bound by them.
Section 1 – Assumption of Risk & Liability Disclaimer
By purchasing and using our products, you assume full responsibility for their use. You agree that Luminate Brands, its owners, and affiliates shall not be held liable for any adverse reactions, injuries, or consequences resulting from the use or misuse of our products.
You are fully aware of and understand the risks associated with the use of hemp-derived products, including but not limited to pre-rolls, gummies, CBD, and flower. You assume full responsibility for your use of these products and accept all risks that may arise from their use, including potential health risks, side effects, or interactions with other substances.
You acknowledge that the effects of these products may vary between individuals, and you agree to use them at your own risk. Use of our products should be in accordance with your physician’s advice and within legal guidelines.
Section 2 – Limitation of Liability
To the fullest extent permitted by applicable law, Luminate Brands, its officers, directors, employees, affiliates, agents, suppliers, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from use or misuse of this website and its products.
This includes, but is not limited to:
- The use of or inability to use the website
- Any conduct or content of any third party on the website
- Any content or information obtained from the website
- Any delay or failure in performance resulting from causes beyond our reasonable control
- The use, misuse, or improper storage of any product purchased from us
- Any health-related effects, side effects, or reactions resulting from hemp-derived products
- Reliance on any content or statements made on the website or product packaging
- Any breach of security or unauthorized access to personal information
All products are sold and intended for lawful use by persons aged 21 and older. You are solely responsible for knowing and complying with the laws of your jurisdiction. We do not make any claims regarding the legality or effects of our products in your state or locality.
All product use is at your own risk. Our products are not approved by the FDA and are not intended to diagnose, treat, cure, or prevent any disease. You agree to consult your physician prior to use, especially if you are pregnant, nursing, taking medication, or have a medical condition.
Maximum Liability: In no event shall our total liability to you for all claims exceed the amount paid by you, if any, for products or services in the past six months from the date the claim arose.
Some jurisdictions do not allow certain exclusions or limitations. In such cases, liability will be limited to the maximum extent permitted by law.
Section 3 – Disclaimer of Warranties
This website and all products and services provided through it are offered “as is” and “as available” without warranties of any kind, express or implied.
To the fullest extent permitted by applicable law, Luminate Brands disclaims all warranties, including but not limited to:
- Merchantability
- Fitness for a particular purpose
- Non-infringement
- Accuracy or reliability of content
- That the website will be uninterrupted or error-free
We make no warranties regarding the safety, legality, or efficacy of any product sold through this website. Product information is provided for informational purposes only and is not a substitute for professional medical advice.
Statements regarding our hemp-derived products have not been evaluated by the U.S. Food and Drug Administration (FDA).
Your use of this website and any products purchased is solely at your own risk.
Section 4 – Customer Warranties
By purchasing products from this website, you represent and warrant that you will not use any item for any unlawful purpose. You acknowledge that it is solely your responsibility to ensure the legality of any product in your jurisdiction prior to purchase or use.
Section 5 – Binding Arbitration
By using this website and purchasing our products, you agree that any dispute, claim, or controversy arising out of or relating to these Terms & Conditions, our products, or your use of the website shall be resolved through final and binding arbitration.
This arbitration agreement is governed by the Federal Arbitration Act (FAA) and shall be conducted by a single arbitrator under the rules of the American Arbitration Association (AAA) or another mutually agreed arbitration service. Arbitration shall take place in California, unless otherwise agreed in writing.
You acknowledge and agree that:
- You are waiving your right to a jury trial
- You waive participation in any class action
- All claims must be brought individually
- The arbitrator has exclusive authority to resolve disputes
If any part of this clause is deemed unenforceable, the remainder shall remain in effect.
Section 6 – Age Restriction
You must be of legal smoking age in your jurisdiction to access this website and purchase our products. By using this site, you affirm that you are at least the minimum legal age required to purchase hemp or smoking-related products in your jurisdiction.
We do not knowingly collect, use, or disclose personal information from individuals under the age of 18. If we become aware that we have inadvertently gathered personal data from someone under the legal age, we will take steps to delete that information promptly. Refer to our Privacy Policy Terms for more information.
Section 7 – Product Legality
The 2018 Farm Bill legalized hemp containing less than 0.3% Delta-9 THC by dry weight at the federal level. However, individual states may impose additional restrictions.
All Luminate Brands products on this website are derived from legally compliant hemp containing less than 0.3% Delta-9 THC by dry weight, in accordance with the 2018 Farm Bill and applicable California law.
We do not ship or service to states where products are unlawful for sale and distribution. Due to constantly evolving rules and regulations, we reserve the right to change or refuse service to your area.
Section 8 – FDA Disclaimer
Our products are not intended to diagnose, treat, cure, or prevent any disease. Statements made on this website have not been evaluated by the Food and Drug Administration (FDA). Consult your physician before using any hemp-derived product.
Section 9 – Shipping Policy
We currently ship exclusively within the United States. However, due to varying state and local laws regarding hemp-derived cannabinoids, certain products may not be available for shipment to specific states or jurisdictions.
It is your responsibility as the customer to know and comply with your local laws before placing an order. By purchasing from our website, you represent and warrant that the products ordered are legal in your jurisdiction and that you are of legal age to purchase and receive them.
Luminate Brands reserves the right to:
- Limit or restrict product availability based on your shipping address
- Cancel any orders that violate applicable state or local laws
- Refuse or refund orders where we believe delivery is restricted
We make a good-faith effort to stay updated on relevant legislation; however, laws and enforcement priorities change frequently. We are not responsible for legal consequences, including seizures, penalties, or delays resulting from your purchase or delivery.
If your order is canceled due to shipping restrictions, we will notify you via email and issue a refund for any affected items.
Section 10 – Product Testing & Transparency
We are dedicated to maintaining the highest standards of transparency and product quality. Certificates of Analysis (COAs) are available for each product and may be accessed directly from the respective product page or provided upon request.
Section 11 – Intellectual Property
All content and materials on this website—including text, graphics, logos, product names, images, icons, audio clips, videos, data compilations, digital downloads, and software—are the exclusive property of Luminate Brands or its licensors and are protected by applicable intellectual property laws.
Luminate Brands retains all rights, title, and interest in its intellectual property, including proprietary formulations, product descriptions, packaging designs, and branding elements.
You may not reproduce, distribute, or exploit any portion of this website without prior written consent.
Unauthorized use may result in civil and/or criminal penalties. Luminate Brands reserves all rights not expressly granted herein.
Section 12 – Changes to Terms
We reserve the right to modify these Terms & Conditions at any time. Changes become effective immediately upon posting.
Your continued use of the website constitutes acceptance of any updates. If you do not agree, you must discontinue use.
Section 13 – Indemnification
You agree to indemnify and hold harmless Luminate Brands, its affiliates, officers, directors, employees, agents, licensors, service providers, subcontractors, and suppliers from any claims, damages, losses, or expenses arising from:
- Your use of the website or products
- Violation of these Terms
- Violation of applicable law
- Infringement of third-party rights
- Misuse of products
This obligation survives termination of these Terms.
Section 14 – Severability
If any provision of these Terms & Conditions is held unlawful or unenforceable, the remaining provisions shall remain in full force and effect and be interpreted to best reflect the original intent.
Section 15 – Governing Law
These Terms shall be governed by the laws of the State of California, without regard to its conflict of law principles. Any disputes arising from your use of the website or purchase of our products shall be resolved in the courts of California.