FREE SHIPPING ON ALL ORDERS OVER $45 - We do not ship to PO boxes
FREE SHIPPING ON ALL ORDERS OVER $45 - We do not ship to PO boxes
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Terms Of Service

Welcome to TC Wholesale and Distribution LLC.

 

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING OUR WEBSITES.  By using either of our websites, you accept our Terms, so read them all carefully.  If you do not agree, do not use them.

 

TC Wholesale and Distribution LLC (hereinafter, TC Wholesale and Distribution LLC,” “we,” “our,” or “us”) distributes and sells products to you when you visit or shop on our websites www.liftedbotanical.com and www.platinumxcbd.com (collectively, the “Platforms”).  These terms and conditions (“Terms”) govern your use of the Platforms.

 

Purchase of Products Containing Cannabidiol (CBD)

 

You may not legally order any products containing CBD unless you are at least twenty-one (21) years of age or such other minimum legal age as mandated in your state that permits such purchases.  Furthermore, you may not purchase products containing CBD for anyone who is under the age of twenty-one (21), or such other minimum legal age required in your state for the purchase of products containing CBD.  TC Wholesale and Distribution LLC reserves the right to refuse service, terminate accounts or cancel orders in its sole discretion.  Please note that the sale and delivery of products containing CBD is currently only available in select states and is not available in certain service areas due to legal restrictions.  States we do not currently service with our CBD products include: Indiana, Maine, Ohio and South Carolina.  We also do not sell products outside of the United States.

 

Diet and Health Release

 

Because some of the products you may purchase on the Platforms may relate to modifications to your diet, you agree to use your good judgment and reasonable care, including seeking counsel from your healthcare providers, prior to making any changes to your diet or lifestyle. No information on the Platforms is intended as medical or healthcare information or advice. Please consult your healthcare professional(s) regarding all matters related to your diet and health, including without limitation herbal and nutritional products. You agree not to rely on any information on the Platforms to make health-related decisions.

 

Material Provided for Lawful Purposes Only

 

The material in the Platforms is provided for lawful purposes only.  TC Wholesale and Distribution LLC operates its Platforms for use in specific jurisdictions where it sells its products, and makes no representation that these materials are appropriate or available for use in other locations.  If you use the Platforms from other locations, you are responsible for compliance with applicable state and local laws.

 

 

Warranty Disclaimer; Limitation of Liability; Indemnification

 

YOU EXPRESSLY AGREE THAT USE OF THE TC WHOLESALE AND DISTRIBUTION LLC PLATFORMS, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK.  TC WHOLESALE AND DISTRIBUTION LLC PLATFORMS AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, TC WHOLESALE AND DISTRIBUTION LLC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO TC WHOLESALE AND DISTRIBUTION LLC PLATFORMS, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE TC WHOLESALE AND DISTRIBUTION LLC PLATFORMS; TC WHOLESALE AND DISTRIBUTION LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, RELIABILITY, CORRECTNESS, ACCURACY, CONTENT, OR OTHERWISE OF ANY INFORMATION OR PRODUCTS OBTAINED THROUGH THE PLATFORMS.  TC WHOLESALE AND DISTRIBUTION LLC DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE PLATFORMS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORMS OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

 

NEITHER TC WHOLESALE AND DISTRIBUTION LLC NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, JOINT VENTURE PARTIES, INDEPENDENT CONTRACTORS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, "TC WHOLESALE AND DISTRIBUTION LLC PARTIES") SHALL BE LIABLE, IN CONTRACT OR IN TORT, FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE TC WHOLESALE AND DISTRIBUTION LLC PLATFORMS, OR THE INTERNET.  TC WHOLESALE AND DISTRIBUTION LLC'S LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED.  YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE TC WHOLESALE AND DISTRIBUTION LLC PLATFORMS AND TO TERMINATE THIS AGREEMENT.  TC WHOLESALE AND DISTRIBUTION LLC RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER.  BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

Disputes: Arbitration, No Class Action, Jury Waiver

 

Please read this carefully. It affects your rights. YOU AND TC WHOLESALE AND DISTRIBUTION LLC AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, OR RELATING TO, THESE TERMS AND USE OF THE PLATFORMS SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION OR SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY.

 

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.  The U.S. Federal Arbitration Act and U.S. federal arbitration law apply to this agreement.

 

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Nevada Corporate Headquarters, Inc., 4730 S. Fort Apache Rd, #300, Las Vegas, NV  89147.  The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes.  The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.  Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.  You and TC Wholesale and Distribution LLC are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration.  Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.  You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you your delivery is made or at another mutually agreed location.

 

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.  If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.  We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

You agree to defend, indemnify, and hold TC Wholesale and Distribution LLC harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, settlements and expenses, including attorney's fees, accounting fees, and costs, arising in connection with, resulting from, or alleged to result from, your use of the Platforms, or violation of these Terms by you or through use of your account.

 

Notices

 

TC Wholesale and Distribution LLC may give notice to you of any change or any other communication related to these Terms through a general posting on the Platforms, by electronic mail, or by conventional mail to the address you have provided us.  You may give notice to TC Wholesale and Distribution LLC by e-mail to:

 

sales@liftedbotanical.com for purchases made at www.liftedbotanical.com

 

OR

 

sales@platinumxcbd.com for purchases made at www.platinumxcbd.com

 

or by conventional mail to:

 

TC Wholesale & Distribution LLC

ATTN: Customer Service

925 Poinsettia Ave, Suite 15

Vista, CA  92081

(619) 793-6060

 

Entire Agreement

 

These Terms represent your entire agreement with TC Wholesale and Distribution LLC regarding the use of the Platforms.  You agree that the Terms are is not intended to confer and does not confer any rights or remedies upon any person other than you and TC Wholesale and Distribution LLC.  If any portion of the Terms are held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of these Terms shall remain in full force and effect.  The failure of either party to insist upon strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.  These Terms shall be governed by the laws of the State of California without regard to its conflict of laws rules.  Notwithstanding the Disputes: Arbitration, No Class Action, Jury Waiver section above, for such matters where a lawsuit may be brought, you expressly agree that exclusive jurisdiction resides in the federal and state courts of California, and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in the State of California in connection with any such dispute.  Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or it shall be barred.

 

Amendment

 

TC Wholesale and Distribution LLC may amend this Agreement at any time by posting the amended terms on our Platforms.  All amended terms shall automatically be effective for orders placed after posting and seven (7) days after they are initially posted on our Platforms for orders already placed.  By using the Platforms after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms to which you are bound.

 

Contacting Us and Customer Service

 

If you have any concerns about TC Wholesale and Distribution LLC or your use of the Platforms, please contact us via email at:

 

sales@liftedbotanical.com for purchases made at www.liftedbotanical.com

 

OR

 

sales@platinumxcbd.com for purchases made at www.platinumxcbd.com

 

 

Force Majeure.  We shall not be liable for any failure to deliver purchased products under these Terms due to acts of God, or any other cause, except TC Wholesale and Distribution LLC’s own voluntary act or any neglect to exercise reasonable care and diligence in the performance of our services.  We shall have the right to temporarily suspend the delivery of our products under, and pursuant to, these Terms for the purposes of making repairs or improvements to our Platforms.  Where a delay in the delivery of your product arises due to actions taken by us, a refund may be requested by following the instruction set out in our Refund Policy (below).

 

Refunds. The terms regarding refunds may be found in our Refund Policy, accessible here.

 

Privacy Policy.  For the categories of information that may be collected by TC Wholesale and Distribution LLC and our other terms regarding privacy, which are contained in our Privacy Policy, click here.

 

California Customers and Additional Disclosures. 

 

The terms regarding information about how we collect, use, and share your personal information and the rights you have with respect to your personal information may be found below.

 

THE FOLLOWING ONLY APPLIES TO CALIFORNIA RESIDENTS

 

 

 

Additional Disclosures for California Customers

 

Last Updated: November 20, 2020.

 

These “Additional Disclosures for California Customers” only apply to customers who are residents of the state of California, and to the personal information of those customers that is collected by TC Wholesale and Distribution LLC.

 

 

The California Consumer Privacy Act (“CCPA”) provides consumers (California residents) with specific rights regarding their personal information.  This section describes your CCPA rights and explains how to exercise those rights.

 

Access to Specific Information

 

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

 

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you.
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • sales, identifying the personal information categories that each category of recipient purchased; and
  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

 

Deletion Request Rights

 

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

 

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

 

  1. Complete the transaction for which we collected the personal information, provide a good that you requested or purchased, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Debug products to identify and repair errors that impair existing intended functionality.
  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law, if applicable.
  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  8. Comply with a legal obligation.
  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

 

Exercising Access and Deletion Rights

 

To exercise the access and deletion rights described above, please submit a verifiable consumer request to us by sending an email to one of the email addresses below with the Subject Line “CCPA Request”:

 

sales@liftedbotanical.com for purchases made at www.liftedbotanical.com

 

OR

 

sales@platinumxcbd.com for purchases made at www.platinumxcbd.com

 

or by conventional mail to:

 

TC Wholesale & Distribution LLC

ATTN: Customer Service – CCPA Request

925 Poinsettia Ave, Suite 15

Vista, CA  92081

(619) 793-6060

 

 

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information.

 

You may only make a verifiable consumer request for access or deletion once within a 12-month period. The verifiable consumer request must:

 

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

 

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

  

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

 

Response Timing and Format to a CCPA Request

 

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing by mail or electronically.

 

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt.  The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, where possible, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

 

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

 

You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.

 

Non-Discrimination

 

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

 

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

 

Other California Privacy Rights

 

California Civil Code Section §1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.  While we do not make such disclosures to third parties for their direct marketing purposes, to nonetheless make such a request, please write us at our address provided in the Contact Information section below.

 

Contact Information

 

If you have any questions or comments about the ways in which we collect and use your information described in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

 

TC Wholesale & Distribution LLC

Attn: Customer Service

925 Poinsettia Ave, Suite 15

Vista, CA  92081

(619) 793-6060

 

sales@liftedbotanical.com for purchases made at www.liftedbotanical.com

 

OR

 

sales@platinumxcbd.com for purchases made at www.platinumxcbd.com