Welcome to Be One Kind, and thank you for stopping by. This website, alongside any associated media form, channel, mobile application, or mobile website (collectively referred to as the “Site”), is the property of Mesh Brands (“Company” or “we”) and is managed by us. The Site comprises original content, including text, images, designs, audiovisual materials, software, information, data, advertising, brands, and logos that contain intellectual property rights exclusively owned by us or used under proper authorization (collectively referred to as the “Content”). Your access to the Site and its Content, as well as any products (“Products”) or services provided by us or on our behalf, including text services or services offered through the Site (collectively referred to as “Services”), is governed by these terms and conditions (the “Terms of Use”), which establish a binding and enforceable agreement between you and us (the “Agreement”). These Terms of Use serve to safeguard our rights to provide you with access to the Content on this Site. By continuing to use the Site or returning to it, you signify your agreement to be bound by these Terms of Use.
When you engage with us through the Site by sending us an email or other electronic communication, we consider, and you agree, that such communication fulfills any legal requirement for written communication. You further assert that you are fully capable and competent to agree to the terms, conditions, obligations, affirmations, representations, and warranties outlined in these Terms of Use, and to abide by and adhere to these Terms of Use. These Terms of Use are applicable to all users of the Site, including but not limited to browsers, vendors, customers, merchants, and content contributors.
Users seeking information about the legality of cannabis acknowledge either consulting independent legal counsel of their choice or willingly waiving that right before using this Site or its Services.
We retain the right to update this Agreement periodically without prior notice. Additional terms and conditions or documents that may be posted on the Site from time to time, as well as any new features or tools added to the Site, shall also be subject to and are hereby explicitly incorporated into these Terms of Use by reference. Any alterations to our Terms of Use will be included in a revised Agreement that we will publish on the Site. All visitors are obligated to review changes to this Agreement, including any modifications to our Privacy Policy. Unless otherwise specified, such changes shall take effect upon posting. Your access to or use of our Site constitutes your acceptance of this Agreement, including any modifications made upon your subsequent access to our Site.
IF YOU DO NOT CONCUR WITH THE TERMS OF THIS AGREEMENT, OR ANY POSTED GUIDELINES OR RULES, THEN KINDLY DEPART FROM THIS SITE IMMEDIATELY.
1. Age verification
To access, engage in any activities, and/or make a purchase on our Site, you must be at least 21 years old (or 18 years old with a valid Medical Marijuana Identification Card or physician’s recommendation). Individuals under the age of 18 (or 21 for relevant Services) are not permitted to create a Member Account, access the Site or Services, or purchase Products.
2. Product disclaimer and safety acknowledgment
Our Site may provide information about Products and collect information about a user’s experiences and preferences related to cannabis product consumption. Cannabis is categorized as a Schedule 1 controlled substance under the Controlled Substances Act, making its possession, cultivation, distribution, or involvement in related activities federally illegal and subject to significant criminal and civil penalties. It’s important to note that medical cannabis use isn’t recognized as a valid defense under federal cannabis regulations, and the interstate transportation of cannabis is also deemed a federal offense. ENGAGING IN CANNABIS-RELATED ACTIVITIES OR BUSINESS IS DONE AT YOUR OWN RISK.
By using the Site, you acknowledge that the information contained in these Terms of Use, the Site’s provided information, within any of the Company’s social media platforms, or channels, and all documentation and literature accompanying any Product identified on the Site, is intended for informational and educational purposes only. None of this information is meant to serve as medical advice or a substitute for informed medical care. Moreover, it’s not intended to cover all possible uses, directions, precautions, or adverse effects. Statements made regarding the Products on our Site haven’t been evaluated by the Food and Drug Administration (FDA). The efficacy of these Products hasn’t been confirmed through FDA-approved research, and they’re not intended to diagnose, treat, cure, or prevent any disease. All information provided here doesn’t replace information from healthcare practitioners. It’s essential to consult your healthcare professional regarding potential interactions or other complications before using any Product. This notice is required by the Federal Food, Drug and Cosmetic Act.
Never delay seeking or disregard medical advice based on information obtained from the Site. Avoid operating vehicles or machinery under the influence of cannabis. If you’re pregnant, breastfeeding, have a known health condition, or are taking any prescription medications, consult a physician or healthcare professional before using cannabis. You and any other user of any Product on the Site are solely responsible for using such Product and the consequences of such use. Any illegal use or resale of Products listed on the Site may lead to fines, penalties, and/or imprisonment under state and federal laws.
3. Restricted locations
We don’t sell THC-regulated cannabis Products outside jurisdictions where such activities are legally permitted. We comply with all regulations required by law applicable to our Products. THC-containing cannabis Products aren’t shipped. To purchase THC-containing Products, please visit a licensed cannabis retailer. Note that these restrictions are subject to change, so check back frequently.
The information provided on the Site isn’t intended for distribution to or use by any individual or entity in any jurisdiction or country where such distribution or use violates the law or regulation, or subjects us to any registration requirement within that jurisdiction or country. Individuals accessing the Site from such locations do so at their own initiative and are solely responsible for complying with local laws, if applicable.
4. Intellectual property
We or our licensors or partners hold the intellectual property rights to the Content and materials displayed on the Site, protected by copyrights, trademarks, patents, trade secrets, or other proprietary rights and laws. Unless expressly authorized by the Site, you may not modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, adapt, or create derivative works of any material, Content, or design elements obtained from the Site, including code and software (“Material”).
You may use the Site (including such Content and Material) for not-for-profit, non-commercial use, but commercial use is prohibited. We reserve the right to revoke your right to use the Site Content and Material for any reason upon notice. If you receive such a notice from us, you agree to discontinue such use of the Site.
No right, title, or interest in any materials or software is transferred to you as a result of using this Site.
5. Trademarks
BE ONE KIND, and other select brands depicted are trademarks owned by Be One Kind Creative Consulting & Productions LLC (“Be One Kind” hereafter) in the U.S., whether federally registered or not (“The Be One Kind Trademarks”). The Be One Kind Trademarks and any related trade dress may not be used without written permission from an authorized officer of Be One Kind, and may not be used in connection with any Product or service not endorsed or produced by Be One Kind. All other trademarks not owned by Be One Kind appearing on the Site are the property of their respective owners.
6. Copyrights
Certain content on this Site, including but not limited to literary, dramatic, musical, visual, and other artistic works, is protected by U.S. Copyright Law, and you agree not to reprint, republish, or distribute any portion of the Content without express written permission.
7. DMCA policy
The Digital Millennium Copyright Act of 1998 (DMCA) provides recourse for copyright owners who believe material appearing on the Internet infringes their rights under U.S. copyright law.
This Site respects the intellectual property rights of others. If you believe material hosted by the Site infringes your copyright, you (or your agent) may send us a notice requesting removal or access blocking. For details, see our DMCA Policy.
8. Use of the site
You may not use the Site in any way that’s objectionable, unlawful, or disrupts its functioning or use by us or other users. If, in our discretion, you violate these Terms of Use, we may suspend, deny, or restrict your access to the Site or any Content. Our decision doesn’t limit any other rights or remedies available to us. We may also take any other action we deem necessary to protect ourselves and our users.
You agree to refrain from, among other things, using the Site or Content in a manner that:
- Violates laws or is harmful, threatening, harassing, abusive, defamatory, fraudulent, violent, obscene.
9. Registration and member accounts
Registration with the Site’s email list may be required in order to access certain services, including, without limitation, promotions, special offers, Product discounts, etc. Your registration information will be handled by us in accordance with our Privacy Policy which you should review prior to registering with us. We encourage you to keep us informed about any changes in your personal contact and email information.
In order to register to use certain features of the Site, you may also be required to complete a registration process to obtain a member account (“Member Account”) through our Site or in one of our retail stores. In order to obtain a Member Account, you may be asked to provide your name, phone number, email address, mailing address, date of birth, interests, and certain other information. You will then be given the option to create a profile, in response to which, you may, but are not required to, provide additional information about yourself (“User Information”). You must provide complete and accurate information during the registration process and you have an obligation to update this information if and when it changes.
By registering with the Site, you agree to receive periodic electronic correspondence from us regarding your Member Account, the Site, our partners and/or any of our Services. You may opt in to receive additional communications from us or our partners. In creating a Member Account, you will be asked to provide a username and password. You are solely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You are also solely responsible for any and all activities that occur under your registration. You agree to notify us immediately of any unauthorized use of your account, username, or password.
You agree that you will not create more than one Member Account. By registering and obtaining a Member Account you affirm you will follow the Terms of Use. Your registration constitutes your consent to enter into agreement with us electronically. We shall not be liable for any loss that you incur as a result of someone else using your account, username, or password, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account, username, or password. We reserve the right to terminate your registration or to refuse the Services to you, without prior notice to you, at any time and for any reason or no reason.
10. User content
All comments, feedback, suggestions, ideas, submissions, or other information disclosed, submitted, or offered to Be One Kind on or by this Site or otherwise disclosed, submitted, or offered in connection with your use of this Site (collectively, “User Content”) whether submitted in writing or electronically, shall be and remain Be One Kind’s property. Such disclosure, submission, or offer of any User Content shall constitute an assignment to Be One Kind of all worldwide right, title, and interest in all copyright and other intellectual property in the User Content. Thus, Be One Kind will own exclusively all such right, title, and interest and shall not be limited in any way in its use, commercial or otherwise, of any User Content. Be One Kind is and shall be under no obligation: (a) to maintain any User Content in confidence; (b) to pay user any compensation for any User Content; or (c) to respond to any User Content. However, all actions taken in connection with your User Content will be subject to the limitations set forth in our Privacy Policy.
You agree that information provided to us by our visitors may be inaccurate or can change with little or no notice. Be One Kind is not responsible for inaccurate information provided by visitors to the Site. We take no responsibility and assume no liability for any User Content posted by you or any third party.
You agree that we may publish or otherwise disclose your name in connection with your User Content in our sole and absolute discretion. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content and are authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. You agree that User Content submitted by you to the Site will not violate any right of any third party, including copyright, trademark, privacy, publicity, or other personal proprietary right(s). You further agree that no User Content submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site, Services, or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any User Content. You are and shall remain solely responsible for any User Content you make.
Finally, we ask that you not send us your ideas for our business. Here’s why. We are always thinking and creating, and we may have similar ideas of our own. To avoid any disputes between us relating to ideas that you have submitted to us you agree that they shall be treated as User Content under these Terms of Use.
11. Third party links
Our Site may contain links and pointers to other website and resources on the Internet that are controlled by third parties. These links are provided solely as a convenience to you and do not constitute an endorsement by the Site, their parents, affiliates or subsidiaries of any third party resources or content. Links do not imply that the Site sponsors, is affiliated, or associated with, or otherwise recommends, certifies or endorses the third party link or site. Any concerns regarding external links or website should be directed to the respective website administrator or system operator. The Site reserves the right, in its sole discretion, to terminate links with any third parties or other website that they deem inappropriate or inconsistent with the Site. The Site, its parents, affiliates and subsidiaries make no representations about the content, functionality or practices of any third party sites and resources and specifically disclaim any and all warranties, express or implied, with respect thereto.
In general, we do not object to links to the Site from third party websites. You may link to the Site using the plain text name of the Site and only link to the home page of the Site. Do not, without our written permission: (a) incorporate any of our Content into your website (e.g., by in-lining or framing); (b) use any of the Be One Kind Trademarks, service marks, taglines, slogans, trade names or any other words or codes identifying Be One Kind, The Be One Kind Trademarks, or the Site in any “meta tag.”
12. Legal compliance
You acknowledge, consent, and agree that we may access, preserve, and disclose the information you have submitted to us, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is permitted by our Privacy Policy or reasonably necessary or appropriate for any of the following reasons: (1) to comply with legal process; (2) to enforce these Terms; (3) to respond to claims that any content violates the rights of third parties; (4) to protect our rights, property, or personal safety, or those of any of our partners, agents and affiliates, our users, and the public; or (5) to address your requests. Info@Be1kind.com.
