Terms & Conditions
1. Website Terms of Service
This website (www.chewyg3.com) and all related content, mobile applications, and associated services (collectively, the “Website”), is owned and operated by 420 Tech. or its local subsidiary (“420 Tech,” “us” or “we”). We have adopted these Terms of Service (“Terms of Service” or “Terms”) to let you know about your rights and obligations when you use this Website or purchase any of our products (“Products”) on the Website. By using this Website you are consenting to these Terms. If you do not agree to these Terms you may not use this Website.
420 Tech may, and reserve the right to, from time to time, modify, limit, change, discontinue, or replace this Website and/or these Terms of Service at any time. In the event 420 Tech modifies, limits, changes, or replaces the Website or these Terms of Service, your continued use thereafter constitutes your agreement to such modification, limitation, change, or replacement.
It is your responsibility to review these Terms of Service on a regular basis to keep yourself informed of any modifications, limitations, changes, or replacements.
420 Tech does not warrant or guarantee that compliance with these Terms of Service will be sufficient to comply with your obligations under the applicable laws where you reside or where you use the Website. It is your responsibility to check and understand the local laws in your jurisdiction to determine whether you are of the legal minimum age to purchase and use our Products or access our Website.
Please read these Terms of Service carefully to ensure that you understand each provision. These Terms contain a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
2. Safety Acknowledgement
No electronic product should be considered 100% safe. We encourage you to do your own research regarding electronic products and what is right for you. You are entirely responsible for the material that you use with our Products.
Any statements on this Website or any materials or Products we distribute or sell have not been evaluated by the Food and Drug Administration (“FDA”). Neither the Products nor the ingredients in any of the products linked to this Website have been approved or endorsed by the FDA or any regulatory agency. The Products are not intended to diagnose, treat, cure or prevent any disease. The information on this Website or other materials we may provide to you are designed for educational purposes only and are not intended to be a substitute for informed medical advice or care. This information should not be used to diagnose or treat any health problems or illnesses without consulting a doctor. If you are pregnant, nursing, taking medication, or have a medical condition, we suggest consulting with a physician before using any of our Products.
3. Electronic Communication – Marketing Communication
By providing your email address and subscribing to 420 Tech’ Newsletter, you will receive electronic communications and exclusive offers. These exclusive offers may be unavailable depending on the jurisdiction in which you live and local regulations. All offers are Void Where Prohibited.
The email address provided will be used solely by 420 Tech and will not be sold to, shared with, or otherwise disclosed to other parties, except as permitted under our Privacy Policy. You can choose to stop receiving these offers at any time by filling out an unsubscribe request, using the unsubscribe option on communications or contacting us via Email.
4. Communications with 420 Tech
You are encouraged to forward comments or other communications to 420 Tech via email. You agree that you will not transmit content to 420 Tech that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You agree that you will not use a false e-mail address, impersonate a third party person or entity, or otherwise mislead 420 Tech as to the origin of a communication. Communications violating the restrictions of this paragraph shall constitute a violation of these Terms, and may result in your email being blocked at the sole discretion of 420 Tech.
Any material or communication transmitted by you to this Website, including communications via email, will not be treated as confidential. By submitting any content to us through the Website, you grant us a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use that content for any purpose. We may reproduce, prepare derivative works of, distribute, perform publicly, transmit, broadcast, or display the content you submit. Any ideas, concepts, or other materials transmitted by you to 420 Tech may be used in any manner, including reproduction, transmission, publication or broadcast without compensation. We have the right, at our sole discretion, to edit or refuse to post content submitted by you. The provisions of this paragraph will survive the termination of these Terms and for the maximum period permitted under applicable law.
5. Return Policy
Products purchased through an authorized 420 Tech retailer must be returned and refunded through the location from which the products were purchased.
Any returns for unused products is up to the sole discretion of the retailer from which the item was purchased.
California Residents. The provider of services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254 or https://www.dca.ca.gov/consumers/complaints/consumer.shtml.
6. Damaged/Incomplete/Incorrect Orders
You have a legal guarantee of conformity in connection with items purchased from any authorized retailer. You agree to immediately inspect any goods purchased upon receipt. Please report damaged, incorrect, or incomplete orders to the authorized retailer immediately.
420 Tech does not repair damaged devices, nor does 420 Tech provide spare parts for repair.
7. Product Resale or Other Exploitation Prohibited
You agree not to sell, resell, distribute or make available to others, or otherwise use or exploit for any commercial purposes (including, without limitation, in contests, sweepstakes and/or giveaways) any portion of any Products from 420 Tech or a 420 Tech representative without prior written permission of an authorized representative of 420 Tech. Any person or entity that sells, resells, distributes or makes available to others, or otherwise uses or exploits any Products or services for commercial purposes without such prior written permission will void the product warranty and may be subject to civil action and/or criminal penalty, as prescribed by law.
8. Compliance with Law; Indemnification
You agree that your use of any Products and/or 420 Tech services will comply at all times with all applicable laws and regulations, in all relevant jurisdictions, including without limitation laws and regulations related to product use; resale; and marketing, advertising, and/or other forms of promotion.
You agree to indemnify, defend, and hold harmless 420 Tech and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, liabilities, damages, losses, obligations, costs or debt, expenses (including reasonable attorney’s fees), regulatory penalties and enforcement actions arising out of or in connection with: (i) your use of and access to any 420 Tech Products or services, or this Website, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties herein or your obligations under this Section 14; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Website with your unique username, password or other appropriate security code.
9. Counterfeiting
The fight against unauthorized sales and counterfeiting is a long-term commitment to quality and service that is taken seriously by 420 Tech. We advise consumers to be cautious when purchasing products from unauthorized resellers as the quality, reliability and safety of these products is uncertain and in some cases, may expose the user to serious dangers not encountered with genuine 420 Tech Products.
Please visit https://www.chewyg3.com/retailers or contact 420 Tech Support to learn more about Authorized Retailers. Any Product purchased outside of our exclusive sales network runs the risk of being counterfeit and is not guaranteed under our Warranty, incorporated into these Terms of Service by reference. 420 Tech shall have no responsibility or liability for any Products purchased outside of our Website and/or Authorized Retailers.
420 Tech will not assist with resolving issues pertaining to the purchase of counterfeit products nor will 420 Tech provide refunds for such purchases.
9. Counterfeiting
The fight against unauthorized sales and counterfeiting is a long-term commitment to quality and service that is taken seriously by 420 Tech. We advise consumers to be cautious when purchasing products from unauthorized resellers as the quality, reliability and safety of these products is uncertain and in some cases, may expose the user to serious dangers not encountered with genuine 420 Tech Products.
Please visit https://www.chewyg3.com/retailers or contact 420 Tech Support to learn more about Authorized Retailers. Any Product purchased outside of our exclusive sales network runs the risk of being counterfeit and is not guaranteed under our Warranty, incorporated into these Terms of Service by reference. 420 Tech shall have no responsibility or liability for any Products purchased outside of our Website and/or Authorized Retailers.
420 Tech will not assist with resolving issues pertaining to the purchase of counterfeit products nor will 420 Tech provide refunds for such purchases.
10. Third Party Links
This Website may contain links to third-party websites. 420 Tech does not intend these links to be viewed as an endorsement of those websites or their content. We have not reviewed all of these third-party websites and do not control and are not responsible for any of these sites or their content. If you use these links, you will leave this Website. If you decide to access third-party websites, you do so at your own risk. Different terms of service may apply to any third-party website.
11. Privacy Statement
12. Governing Law, Arbitration, and Class Action/Jury Trial Waiver
These Terms of Service will be governed by and interpreted under the laws of the State of California, USA, without regard to its principles of conflict of laws. You agree that any cause of action you have that arises out of or relates to these Terms of Service or your use of the Website must be brought by you within one year after the cause of action accrues. Otherwise, any such action by you against 420 Tech is permanently barred.
Governing Law. You agree that: (i) the Website and 420 Tech Products and services shall be deemed solely based in California; and (ii) the Website and any services provided by 420 Tech shall be deemed passive services that do not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in San Francisco County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that San Francisco County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
Arbitration. Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from 420 Tech. For any dispute with 420 Tech, you agree to first contact us via email at legal-dept@chewyg3.com and attempt to resolve the dispute with us informally. In the unlikely event that 420 Tech has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in San Francisco County, California, unless you and 420 Tech agree otherwise. If you are an individual using 420 Tech Products, services, or the Website for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing 420 Tech from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
Class Action/Jury Trial Waiver. With respect to all persons and entities, regardless of whether they have obtained or used the Website or 420 Tech Products or services for personal, commercial or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and 420 Tech are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
13. Release and Waiver of Claims; Assumption of Risk
YOU HEREBY AGREE TO THE FOLLOWING, WHICH IS PERMITTED BY LAW: (i) to waive any and all claims that you have or may have in the future against 420 Tech, or any of its distributors, resulting from use of the Website and 420 Tech Products and services; and (ii) to release 420 Tech or any of its distributors from any and all liability from any loss, damage, injury or expense that you or any users of this Website and any 420 Tech Products or services may suffer as a result of the use of any of the foregoing, due to any cause whatsoever, including negligence or breach of contract on the part of 420 Tech, in the design or manufacture of the Website or of any 420 Tech Products or services.
In the event of your death or incapacity, these Terms shall be effective and binding upon your heirs, next of kin, executors, administrators, assigns and representatives.
You hereby expressly waive any and all rights and benefits conferred upon you by the provisions of Section 1542 of the Civil Code of California (or any applicable analogous law), which states:
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known to him or her must have materially affected his or her settlement with the debtor.
You and 420 Tech understand and agree that claims or facts in addition to or different from those which are now known or believed by each of them to exist may hereafter be discovered, but it is your intention to release all claims you have or may have against 420 Tech and any and all of its successors, subsidiaries, parents, affiliates, investors, branches or related entities, or those entities’ officers, directors, employees, stockholders, partners, members, consultants, agents, attorneys, employee benefit plans or assigns, whether those claims are known or unknown, suspected or unsuspected.
14. Trademarks and Copyright
This Website features trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data that are the property of 420 Tech and its affiliates or licensors. This Website also may include trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data of other third parties. All of these trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data are the property of their respective owners, and you agree not to use them in any manner without the prior permission of the applicable owner. This Website and all of its content are protected under copyright, trademark and other laws of the United States and other countries.
15. Use of Material from this Website
The content of this Website, including but not limited to, any text, software, files, graphics, photos, images, designs, music, musical compositions, video, audio visual works, and data found on this Website (collectively the “Materials”), are the property of and owned by 420 Tech or its licensors, and are protected by copyright, trademark, and/or other laws. You expressly agree that you are prohibited from, including but not limited to, the following: reproducing, copying, modifying, displaying, adapting, publishing, translating, performing publicly, reverse engineering, transferring, transmitting, broadcasting, distributing, licensing, selling, creating derivative works of, or gifting, in whole or in part, the Materials.
The Website and related content is provided for informational purposes only. Your use of this Website is at your sole risk. This Website is provided on an “as is” and on an “as available” basis. Although we make all reasonable efforts to ensure that the content of the Website is updated and corrected, we do not guarantee the accuracy of any content. The material contained on this Website may contain inaccuracies and typographical errors. You agree that we have no duty to screen content that is provided to the Website by you or others, nor are we liable for such content. We have the right, at our sole discretion, to refuse to post or to edit submitted content. We reserve the right to remove content for any reason, but we are not responsible for any failure or delay in removing such material. Changes are periodically made to the Website and may be made at any time period. If you download any materials from this Website, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or data that results from the download of any such materials.
16. Disclaimers of Warranty
420 Tech products and services, and this Website, are provided on an “as is” and “as available” basis. Use of the foregoing is at your own risk. To the maximum extent permitted by applicable law and to the extent not covered under the applicable product warranty, 420 Tech expressly disclaims any and all warranties of any kind, whether express or implied, whether related to use of this Website or 420 Tech Products or services, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from 420 Tech or through any 420 Tech Product or service will create any warranty not expressly stated herein. Without limiting the foregoing, 420 Tech, its subsidiaries, its affiliates, and its licensors do not warrant that the content or any information on this Website is or will be complete, accurate, adequate, reliable, useful, timely, or correct; that the 420 Tech Products and services, and this Website, will meet your requirements or be free from defects, including product or device leaking; that this Website will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the 420 Tech Products or services, or this Website, is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of this Website is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of this Website.
420 Tech does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the service or any hyperlinked website or service, and 420 Tech will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. These Terms give you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under these Terms will not apply to the extent prohibited by applicable law.
17. Limitation of Liability
To the fullest extent permitted under applicable law, you understand and agree that neither 420 Tech nor any of its affiliates, agents, directors, employees, suppliers, licensors, or third-party content providers shall be liable for any direct, indirect, incidental, special, exemplary, consequential, punitive or any other damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, relating to or resulting from: 1) purchase and/or use of any 420 Tech Products or services; 2) use of, access to, or inability to use this Website; 3) use or inability to use any other website you access from a link through this Website; or 4) any actions we take or fail to take as a result of email messages you send us; in each case, in an amount exceeding the amount you paid to 420 Tech hereunder or $100.00, whichever is greater. This limitation of liability includes, but is not limited to, damages for errors, omissions, interruptions, defects, delays, computer viruses, loss of profits, loss of data, unauthorized access to and alteration of transmissions and data and any other tangible or intangible losses. This limitation applies regardless of whether the damages are claimed under the terms of a contract, or as a result of negligence, or otherwise arise out of or in connection with the use, inability to use, or performance of the information, services, products or materials available from this Website, and even if we or our representatives have been negligent or if we or our representatives have been negligent or have been advised of the possibility of such damages. Because some jurisdictions do not allow limitation of liability for consequential or incidental damages, all or some of the above limitations may not apply to you.
18. Miscellaneous
Severability: A finding that any term or provision of these Terms of Service is invalid or unenforceable will be removed from these Terms of Service and will not affect the validity or enforceability of the remaining Terms of Service.
Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by 420 Tech without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No waiver by 420 Tech of any breach of this Agreement is effective unless in writing.
You agree that these Terms of Service, the Privacy Policy, and our Warranty, which are incorporated by reference, constitute the entire agreement between you and 420 Tech with respect to the Website and your relationship with 420 Tech and that there are no further understandings, agreements, or representations with respect to the Website that are not specified in these Terms of Service.
All notice required or permitted under these Terms of Service shall be made in writing by mail or by email to:
420 Tech.
1550 W Evans Ave,
Denver, CO 80223, USA
legal-dept@chewyg3.com