Terms of Service — TheLeafMart
Last updated: 2026-07-08 · Version 1.0 (under counsel review)
TheLeafMart, operated by [LEGAL ENTITY NAME], a [ENTITY TYPE] organized under the laws of [STATE OF FORMATION] with a principal place of business at [PRINCIPAL BUSINESS ADDRESS] (“Company,” “we,” “us,” or “our”), operates the website located at [SITE URL] and related applications and services (collectively, the “Site”).
Effective Date: [DATE] | Last Revised: [DATE]
PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE A MANDATORY, BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER IN SECTION 16, WHICH AFFECT HOW DISPUTES BETWEEN YOU AND COMPANY ARE RESOLVED AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.
1. Acceptance of Terms
1.1 By accessing the Site, creating an account, or placing an order (an “Order”), you (“you,” “Customer,” or “User”) agree to be bound by these Terms of Service (these “Terms”), our Privacy Policy, and any policies referenced or linked herein, all of which are incorporated by reference.
1.2 If you do not agree to these Terms in full, you must not access the Site or place an Order. If you are accessing the Site or placing an Order on behalf of an entity, you represent that you have authority to bind that entity, and “you” refers to that entity as well as you individually.
1.3 These Terms constitute a legally binding agreement between you and Company. No other communication, course of dealing, or trade usage modifies these Terms unless made in a signed written amendment by Company.
2. Definitions
2.1 “Products” means the hemp-derived, non-intoxicating goods offered for sale on the Site, including cannabidiol (CBD), cannabigerol (CBG), cannabinol (CBN), and other non-THC or trace-THC hemp-derived cannabinoid formulations, each compliant with the federal definition of “hemp” then in effect, as stated on the applicable product listing.
2.2 “Supplier(s)” means the independent third-party manufacturers, processors, and/or distributors that produce, package, label, and ship Products directly to Customers on Company’s behalf.
2.3 “Order” means a request to purchase one or more Products submitted through the Site and accepted by Company under Section 11.3.
2.4 “Content” means all text, graphics, product descriptions, images, Certificates of Analysis (“COAs”), and other materials made available on the Site, whether created by Company or provided by a Supplier.
3. Eligibility & Age Verification Assurances
3.1 Minimum Age. You must be at least twenty-one (21) years of age, or the age of majority in your jurisdiction if higher, to access the Site, create an account, or place an Order. The Site is not directed to, and no Product may be purchased by, any person under 21.
3.2 Order-Level Attestation. By placing an Order, you represent and warrant, under penalty of perjury, that you are at least 21 years of age and that all information you submit (including date of birth, name, and address) is true, accurate, and your own.
3.3 Verification Methods. Company and/or its third-party age- and identity-verification providers may require you to submit government-issued identification, complete an electronic age- or identity-verification check, or confirm your date of birth before completing checkout or at any time thereafter. Company reserves the right, but not the obligation, to refuse, delay, or cancel any Order where age cannot be reasonably verified.
3.4 Delivery-Level Verification. Certain Products, carriers, or destination jurisdictions may require an adult signature or additional identity verification at the point of delivery. Failure to satisfy a carrier’s delivery requirements may result in the Product being returned to the Supplier, and Company is not obligated to refund shipping costs in that circumstance.
3.5 Consequences of Misrepresentation. Any person who submits false, inaccurate, or fraudulent age or identity information to complete a purchase (a) breaches these Terms; (b) authorizes Company to immediately cancel the Order and terminate the associated account without refund of processing, shipping, or restocking costs actually incurred; and (c) agrees to indemnify Company as set forth in Section 15 for any resulting loss, fine, or liability. Company reserves the right to report suspected fraudulent age misrepresentation to payment processors, carriers, and, where required by law, law enforcement.
3.6 No Marketing to Minors. Company does not knowingly market, advertise, or sell Products to individuals under 21. If Company becomes aware that an account holder is under the applicable minimum age, Company will terminate the account and cancel any pending Orders without liability to Company.
4. Nature of Products; Hemp Compliance Representations
4.1 Farm Bill Compliance. Products are derived from “hemp” as defined under the Agriculture Improvement Act of 2018 and its implementing amendments (7 U.S.C. § 1639o), as amended from time to time, and are represented, as of the date of sale, to meet the total-THC and per-container THC limits then in effect under applicable federal law. Specific cannabinoid content and applicable COAs are available on each Product’s listing page.
4.2 Not Marijuana. Products are not “marijuana” as defined under the federal Controlled Substances Act, and Company does not sell, and does not knowingly permit Suppliers to sell through the Site, any product intended to produce an intoxicating or psychoactive effect.
4.3 Regulatory Change Acknowledgment. You acknowledge that the federal and state legal frameworks governing hemp and hemp-derived cannabinoids are unsettled and subject to material change, including a statutory redefinition of “hemp” taking effect November 12, 2026. Company reserves the right, at any time and without liability to you, to modify Product formulations, discontinue or delist any Product, reject or cancel any Order, or restrict shipment to any jurisdiction, in each case as Company determines necessary or advisable to comply with applicable law as it evolves.
4.4 Your Responsibility to Confirm Local Legality. Hemp and hemp-derived cannabinoid product laws vary significantly by state and locality and change frequently. Nothing on the Site constitutes legal advice regarding the legality of any Product in your jurisdiction. You are solely responsible for determining, before placing an Order, whether the purchase, receipt, possession, or use of the Product complies with the law of your state, county, city, and any other applicable jurisdiction.
5. FDA & Health Disclaimers
5.1 No FDA Evaluation. THESE STATEMENTS HAVE NOT BEEN EVALUATED BY THE U.S. FOOD AND DRUG ADMINISTRATION. THE PRODUCTS OFFERED ON THIS SITE ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. No Product has been approved by the FDA as a drug, food additive, or dietary supplement ingredient unless expressly and accurately stated on that Product’s listing.
5.2 Not Medical Advice. All Content on the Site — including Product descriptions, blog or educational content, customer reviews, and any statement by Company personnel — is provided for general informational purposes only and does not constitute medical, health, or professional advice. Consult a licensed physician or other qualified healthcare provider before using any Product, particularly if you are pregnant, nursing, under 21, taking prescription or over-the-counter medication, or have any medical condition.
5.3 Individual Results Vary. Any testimonial, review, or statement regarding an individual’s experience with a Product reflects that individual’s personal, anecdotal experience only, is not independently verified or endorsed by Company, and is not a guarantee of any particular result for you.
5.4 Drug Testing Warning. HEMP-DERIVED PRODUCTS, EVEN WHEN COMPLIANT WITH APPLICABLE THC LIMITS, MAY PRODUCE A POSITIVE RESULT ON A WORKPLACE, ATHLETIC, MILITARY, PROBATIONARY, CUSTODY-RELATED, OR OTHER DRUG SCREENING. YOU ASSUME ALL RESPONSIBILITY FOR ANY EMPLOYMENT, LEGAL, FAMILIAL, OR OTHER CONSEQUENCE ARISING FROM SUCH A RESULT. If you are subject to any form of drug testing, consult your employer, testing authority, or physician before using any Product.
5.5 Allergens, Interactions & Contraindications. Company does not independently verify each Product for allergens or interactions with medications or other substances beyond what is disclosed on the Supplier’s label. Review all label information and consult a healthcare provider before use. Products are not intended for use by pregnant or nursing individuals absent physician guidance.
5.6 Keep Out of Reach of Children and Pets. Store Products securely and out of reach of children and pets at all times.
6. Shipping Eligibility & Prohibited Destinations
6.1 Ship-To Restrictions. Company ships Products only to addresses within the United States (excluding U.S. territories unless separately stated) and only to jurisdictions where, to Company’s knowledge, receipt and possession of the specific Product by an adult is lawful. Company maintains a current list of jurisdictions and/or Products to which it does not ship at [RESTRICTED-STATES LIST URL], which is incorporated into these Terms by reference and may be updated at any time without notice as state and local law changes.
6.2 Customer Representations. By placing an Order, you represent and warrant that (a) you and the delivery address are located in a jurisdiction where receipt and possession of the Product is lawful; (b) you will not resell, redistribute, or transport the Product into any jurisdiction where it is unlawful; and (c) you have independently confirmed the legality of your purchase as described in Section 4.4.
6.3 Right to Refuse or Cancel. Company reserves the right, in its sole discretion and without liability, to refuse, limit, delay, or cancel any Order, or to decline to ship to any address, if it believes in good faith that shipment may violate applicable law, carrier policy, or these Terms.
6.4 No Liability for Destination-Law Violations. Company is not liable for any consequence arising from your receipt or possession of a Product in a jurisdiction where such receipt or possession is restricted or unlawful, where you provided an inaccurate delivery address or representation under Section 6.2.
7. Order Fulfillment; Drop-Shipping & Supplier Disclaimers
7.1 Fulfillment Model. Company does not manufacture, cultivate, process, warehouse, or hold inventory of any Product, and does not act as a distributor of any Product. All Orders are fulfilled on a drop-ship basis directly by independent Suppliers. Company acts solely as an online retail intermediary that facilitates the transaction between you and the applicable Supplier.
7.2 Product Information Provided by Suppliers. Product descriptions, images, potency claims, and COAs are provided to Company by Suppliers. EXCEPT AS EXPRESSLY STATED ON A PRODUCT LISTING, COMPANY DOES NOT INDEPENDENTLY MANUFACTURE, TEST, OR VERIFY EACH PRODUCT, AND DISCLAIMS ALL LIABILITY FOR A SUPPLIER’S ACTS OR OMISSIONS — INCLUDING MISLABELING, CONTAMINATION, POTENCY VARIANCE, PACKAGING DEFECTS, OR NONCOMPLIANCE WITH APPLICABLE LAW — TO THE FULLEST EXTENT SUCH LIABILITY CAN BE DISCLAIMED UNDER APPLICABLE LAW.
7.3 No Assumption of Manufacturer/Distributor Status. Nothing in these Terms or in Company’s operating model is intended to characterize Company as a manufacturer or distributor of any Product for purposes of any federal or state statute or regulation. Nothing in this Section relieves Company of any independent registration, licensing, or notice obligation directly imposed on retailers or online sellers of hemp products under applicable state law, to the extent such obligation cannot be delegated or disclaimed.
8. Delivery, Title & Risk of Loss
8.1 Title and Risk of Loss. Title to, and risk of loss for, each Product passes to you upon the Supplier’s tender of the Product to the shipping carrier (F.O.B. shipping point). Company is not the carrier and does not itself transport any Product.
8.2 Delivery Estimates Only. All shipping and delivery timeframes are estimates provided by Suppliers and/or carriers and are not guaranteed. Company is not liable for delayed, misdirected, or failed deliveries caused by a Supplier, a carrier, customs or regulatory inspection, an incorrect address you provided, or other causes outside Company’s direct control.
8.3 Lost, Stolen, or Damaged Shipments. Company is not responsible for Products lost or stolen after confirmed delivery to the address you provided. For shipments lost or damaged in transit before delivery, Company’s sole obligation, at its discretion, is to assist you in filing a claim with the carrier or Supplier, or to provide a replacement or store credit; this is not a guarantee of any specific remedy.
9. Returns, Refunds & Cancellations
9.1 Final Sale on Opened Products. For health, safety, and hygiene reasons, all sales of opened or used Products are final. No returns or refunds will be issued for opened Products absent a manufacturing defect confirmed by the Supplier.
9.2 Unopened, Defective, or Mis-Shipped Items. You may request a return, replacement, or refund for an unopened Product, a Product that arrives materially defective, or an Order that was mis-shipped, provided you contact [SUPPORT EMAIL] within fourteen (14) days of delivery. Company may require photographic evidence and reserves the right to route the claim to the applicable Supplier.
9.3 Company Cancellation Rights. Company may cancel any Order, in whole or in part, at any time before delivery for reasons including but not limited to Product unavailability, pricing errors, suspected fraud, failure of age or identity verification, or a shipping-eligibility issue under Section 6, in which case your sole remedy is a refund of amounts paid for the cancelled portion of the Order.
10. Payment Processing & Banking Disclaimers
10.1 High-Risk Classification. Hemp-derived and cannabinoid-adjacent commerce is treated by many card networks, issuing banks, and payment processors as a restricted or high-risk category. The availability of any particular payment method is subject to change without notice due to card-network policy, issuing-bank policy, or processor underwriting decisions outside Company’s control. Company does not guarantee the continuous availability of any specific payment method.
10.2 Third-Party Processors. All payment transactions are processed by independent, PCI-DSS-compliant third-party payment processors. Company does not store full payment card numbers. Your use of a payment method is also subject to that processor’s and your issuing bank’s own terms, which you are responsible for reviewing.
10.3 Right to Refuse, Delay, or Reverse Transactions. Company may, in its sole discretion, decline, delay, place on hold, or reverse any transaction it believes may violate card-network rules, processor terms, sanctions or anti-money-laundering requirements, or applicable law, or that it suspects is fraudulent, without liability to you.
10.4 Chargebacks and Fraud. If you initiate a chargeback or payment dispute without first contacting [SUPPORT EMAIL], Company reserves the right to suspend or terminate your account, deny future service, and pursue recovery of the disputed amount and associated fees to the extent permitted by law. Company reserves the right to report suspected payment fraud to processors, financial institutions, and law enforcement.
10.5 No Banking Relationship. Nothing in these Terms creates a banking, custodial, escrow, or fiduciary relationship between you and Company.
11. Pricing, Taxes & Order Acceptance
11.1 Pricing Errors. Company may correct pricing or listing errors at any time and, where an Order was placed at an erroneous price, may cancel the Order and refund amounts paid rather than honor the erroneous price.
11.2 Taxes. You are responsible for all sales, use, excise, and other applicable taxes and fees associated with your Order, which will be calculated and collected at checkout where required. Certain states impose additional excise taxes on hemp-derived or cannabinoid consumer products; such taxes, where applicable, will be reflected in your Order total.
11.3 Order Acceptance. Your Order is an offer to purchase, which Company may accept or decline in its sole discretion. A contract of sale is formed only upon Company’s (or its Supplier’s) shipment confirmation, not upon your submission of the Order or receipt of an order-confirmation email.
12. Assumption of Risk; Release
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH THE PURCHASE, POSSESSION, AND USE OF ANY PRODUCT, AND YOU RELEASE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY CLAIM ARISING OUT OF SUCH PURCHASE, POSSESSION, OR USE, EXCEPT TO THE EXTENT CAUSED BY COMPANY’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
13. Disclaimer of Warranties
THE SITE AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. Company does not warrant that Products will meet your expectations, that the Site will be uninterrupted or error-free, or that any Content is accurate or complete. If a Supplier or manufacturer provides its own written warranty for a Product, that warranty is provided solely by that Supplier or manufacturer, and this Section does not limit or expand it.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW: (A) COMPANY’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, OR ANY PRODUCT WILL NOT EXCEED THE AMOUNT YOU PAID TO COMPANY FOR THE SPECIFIC PRODUCT(S) GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; AND (B) COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you; in that case, this Section applies to the maximum extent permitted in your jurisdiction, and the remainder of these Terms remains in full effect.
15. Indemnification
You agree to indemnify, defend, and hold harmless Company, its officers, directors, employees, and agents, and its Suppliers, from and against any claim, liability, damage, loss, and expense (including reasonable attorneys’ fees) arising out of or related to: (a) your breach of these Terms; (b) your violation of any applicable law; (c) any false representation you made under Sections 3, 4, or 6 (including as to age or destination legality); (d) your misuse of any Product; or (e) your infringement of any third-party right, including through content you submit to the Site.
16. Dispute Resolution; Binding Arbitration; Class Action Waiver
16.1 Informal Resolution First. Before filing a claim, you agree to contact [SUPPORT EMAIL] and attempt in good faith to resolve the dispute informally for at least thirty (30) days.
16.2 Agreement to Arbitrate. If a dispute is not resolved informally, you and Company agree that any dispute arising out of or relating to these Terms, the Site, or any Product will be resolved by binding, individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, rather than in court, except as set forth below. This arbitration agreement is governed by the Federal Arbitration Act.
16.3 Class Action Waiver. YOU AND COMPANY EACH AGREE THAT ANY ARBITRATION OR PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. If a court or arbitrator determines this class action waiver is unenforceable as to a particular claim or dispute, that claim or dispute — and only that claim or dispute — will proceed in court rather than in arbitration, and the remainder of this Section 16 will remain in effect.
16.4 Carve-Outs. Either party may bring an individual claim in small claims court if it qualifies. Either party may seek injunctive or equitable relief in court to prevent misuse of intellectual property or unauthorized access to the Site. This arbitration agreement does not apply to any claim relating to sexual assault or sexual harassment to the extent covered by the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, or to any other claim that cannot lawfully be subject to pre-dispute arbitration.
16.5 Right to Opt Out. You may opt out of this arbitration agreement by sending written notice to [NOTICE EMAIL] within thirty (30) days of the date you first became subject to it (e.g., your first Order or account creation), stating your name, address, and a clear statement that you opt out of arbitration. Opting out of arbitration does not affect any other provision of these Terms.
16.6 Jury Trial Waiver. To the extent any dispute proceeds in court rather than arbitration, you and Company each waive any right to a jury trial.
17. Governing Law & Venue
17.1 Governing Law. Except as governed by the Federal Arbitration Act as to Section 16, these Terms are governed by the laws of the State of [GOVERNING LAW STATE], without regard to its conflict-of-laws principles and without regard to the United Nations Convention on Contracts for the International Sale of Goods, which the parties expressly disclaim.
17.2 Venue. For any dispute not subject to arbitration, or to enforce an arbitration award, you and Company consent to the exclusive jurisdiction and venue of the state and federal courts located in [VENUE COUNTY, STATE], and each party waives any objection to that venue, including on grounds of inconvenient forum.
17.3 Savings Clause. If any provision of this Section is unenforceable under the law of your state of residence, that provision applies only to the maximum extent permitted, and the remainder of these Terms remains in full force.
18. Intellectual Property
All Content, trademarks, and the “TheLeafMart” name andlogo are owned by Company or its licensors. You are granted a limited, revocable, non-transferable license to access the Site for personal shopping purposes only. You may not reproduce, scrape, or create derivative works from the Site or its Content without Company’s prior written consent.
19. User Accounts & Prohibited Conduct
19.1 You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
19.2 You agree not to: (a) provide false age, identity, or address information; (b) purchase Products for resale to, or on behalf of, anyone under 21; (c) purchase Products for shipment into a jurisdiction where they are prohibited; (d) use the Site for any unlawful purpose; (e) scrape, reverse-engineer, or interfere with the Site’s operation; or (f) circumvent any age-, identity-, or shipping-eligibility control.
20. Termination
Company may suspend or terminate your access to the Site or cancel any pending Order, at its sole discretion and without liability, for any actual or suspected breach of these Terms, fraud, or compliance risk.
21. Modifications to Products, Pricing & These Terms
Company may modify or discontinue any Product, adjust pricing, or amend these Terms at any time. Material changes to these Terms will be posted on the Site with an updated “Last Revised” date and, where required by law, separately communicated. Continued use of the Site after a change takes effect constitutes acceptance of the revised Terms.
22. Force Majeure
Company is not liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, weather, labor disputes, carrier disruption, customs or regulatory action, or changes in law.
23. State-Specific Notices
23.1 California Proposition 65. WARNING: This product can expose you to chemicals including [cannabis smoke and/or Δ9-THC / list as applicable per COA], which are known to the State of California to cause cancer and/or reproductive harm. For more information, go to www.P65Warnings.ca.gov.
23.2 Company will add jurisdiction-specific disclosures to this Section as required by the states into which it ships, consistent with the restricted-destinations list referenced in Section 6.1.
24. General Provisions
24.1 Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.
24.2 Entire Agreement. These Terms, together with any policies incorporated by reference, constitute the entire agreement between you and Company regarding the Site and Products, superseding any prior agreements.
24.4 Assignment. You may not assign these Terms without Company’s prior written consent. Company may assign these Terms in connection with a merger, acquisition, or sale of assets.
24.5 Electronic Communications. By using the Site, you consent to receive communications from Company electronically, and you agree that such communications satisfy any legal requirement that they be in writing.
24.6 Notices. Notices to Company must be sent to [NOTICE EMAIL]. Notices to you may be sent to the email address associated with your account or Order.
25. Contact Information
TheLeafMart · [LEGAL ENTITY NAME] · [PRINCIPAL BUSINESS ADDRESS] · [SUPPORT EMAIL] | [NOTICE EMAIL]