Updated: November 2023
OVERVIEW WARNING: CONSULT A PHYSICIAN BEFORE USE. DO NOT COMBINE WITH ALCOHOL, DRUGS OR MEDICATIONS. DO NOT USE IF PREGNANT, NURSING, OR HAVE ANY HEALTH CONDITIONS. MAY CAUSE DROWSINESS. DO NOT OPERATE A VEHICLE OR HEAVY MACHINERY. MAY HAVE A DELAYED EFFECT. FOR USE BY ADULTS AGE 21 AND UP. KEEP OUT OF REACH OF CHILDREN AND PETS. DO NOT REDISTRIBUTE. DEVELAPP® LLC, DBA: BUDLINK™ IS NOT RESPONSIBLE FOR THE ACTIONS OF INDIVIDUALS WHO TAKE THIS PRODUCT. THESE STATEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. THIS PRODUCT IS NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION. We are not responsible if information made available on our site or app is not accurate, complete, or current. The material on our site and app is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk. Our site and app may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of our site and app at any time, but we have no obligation to update any information on our site or app. You agree that it is your responsibility to monitor changes to our site or app.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Services.
SECTION 5 – PRODUCTS OR SERVICES. (if applicable) Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s or device’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS. Occasionally there may be information on our site, app, or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY. THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR APP ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR APP. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, APP, OUR SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR ANY FORM OF MALICIOUS CODE, COMMUNICATION LINE FAILURE, THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR APP, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. We do not guarantee, represent, or warrant that your use of our Services will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable. You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you. You expressly agree that your use of, or inability to use, the Products and Services is at your sole risk. The Services and all products and services delivered to you through the Services are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
You agree that the Company shall not be liable for any consequences that may occur to you resulting from your use or purchase of the products of this website or app. You warrant that the products you purchase from this website are legal in your jurisdiction. You warrant that you are of legal age to purchase the products. We are not liable for any change in law, any law enforcement action, interaction with other substances you are taking, or any other consequence of your use of the products or services on our website or app, and you agree to hold us harmless for any of these events. We are not liable for any seizure of products or services that may occur by mail or to you. You acknowledge that hemp is newly legal and often confused with marijuana. You acknowledge that the only products and services you obtain from us are strictly hemp and never marijuana. You acknowledge that the laws for hemp and marijuana are different in every state, and that marijuana is illegal federally. We are not liable for any consequences of third parties or law enforcement for confusing hemp with marijuana and you acknowledge that your purchase of hemp is risky from a law enforcement perspective, and you are assuming that risk. In no case shall the Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE, APP, OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE OR APP. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE OR APP, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON OUR SITE. WE ARE NOT RESPONSIBLE FOR YOUR USAGE OF OUR PRODUCTS IF THEY ARE NOT ALLOWED FOR USAGE BY ANY PROFESSIONAL OR AMATEUR SPORTING GOVERNING BODIES, USE AT YOUR OWN RISK IF YOU PARTICIPATE IN ANY ORGANIZATIONAL ACTIVITY THAT BANS THE USE OF SUCH PRODUCTS.
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. We also both agree that We may bring suit in court to enjoin infringement or other misuse of intellectual property rights or our website or app.
SECTION 21 – SHIPPING RESTRICTIONS. Some products can’t be shipped to all geographical locations due to warranty issues, manufacturer requirements, legal and other restrictions. You’ll be notified when placing your order if we’re unable to ship specific items to the address you’ve indicated. Please also check the product detail pages for any item-specific shipping restrictions. We reserve the right to cancel any shipment, in its sole discretion, and issue a full refund.
SECTION 22 – RISK OF LOSS. All items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier. We are not responsible for items lost in transit, items sent to the wrong address, products seized by customs or governmental agencies nor international fees charged by your country or third parties.
SECTION 23 – FORCE MAJEURE. You agree not to hold us liable for any disruption of our service or failure to deliver our product for any reason beyond our control, including, but not limited to, acts of God, pandemic, epidemic, change in law, law enforcement action, orders of government, natural disasters, war, insurrection, terrorism, riots, criminal acts, labor shortages, labor strikes (both lawful and unlawful), postal service or courier service disruption, infrastructure disruption, communication failure, material shortages, adverse weather events or disasters, or any other circumstance that may be beyond our control or make performance of your order impossible.
SECTION 24 – TAXES. Develapp® LLC, dba: BudLink™ shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the same state (Texas). For orders shipped to other states or countries, you are solely responsible for all sales taxes, customs, duties, or other taxes.
SECTION 25 – CONSULT A PHYSICIAN. The information found on this website or app is for informational and educational purposes only. As with any health supplement, we recommend that you consult a physician or doctor before using any of our products. You should always speak with your physician or other healthcare professional before adopting any treatment for a health problem or before using any of our products. If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard, avoid, or delay obtaining medical advice from your doctor or other qualified health care provider because something you have read on our Site or app.
None of the statements made on our website or app have been affiliated or verified by the FDA. The products or content offered by the Company do not diagnose, treat, cure, or relieve any medical or health conditions. Neither our website or app, customer service representatives, employees, nor any third parties linked to from our website or app are authorized to provide any medical advice.
If you are taking any other medications, consult with your health care provider before beginning to take hemp. If you are pregnant or breastfeeding, do not take hemp.
We are not liable for your misuse or overuse of any hemp products. Your use of the products and services is solely at your own risk, which you assume. You acknowledge that hemp has a potential to make you feel drowsy and that you should not operate heavy machinery after taking it. You should consult with a health care provider regarding appropriate dosing for your particular body. We are not liable to any of your family members, friends, or third parties in connection with your use or purchase of our products and services.
SECTION 26 – PUSH NOTIFICATION MARKETING PROGRAM TERMS AND CONDITIONS.
User Opt In: The Program allows Users to receive mobile app push messages by affirmatively opting into the Program, such as through installing Our app from Google Play or Apple Appstore. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive app push notification marketing messages at the device associated with your opt-in, and you understand that consent is not required to make any purchase from Us.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to turn off push notifications from your device settings / installed apps area. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, contacting firstname.lastname@example.org or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of Develapp® LLC, dba: BudLink™ goodies and services. Not limited to but may include Delta 8, Delta 9, Delta 10 and THCA.
Support Instructions: For support regarding the Program, email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile push messages connected with this Program.
Delivery of mobile push messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile push messages.
Participant Requirements: You must have a wireless device of your own, capable of installing Our app.
Age Restriction: You may not use or engage with the Platform if you are under eighteen (18) years of age. If you use or engage with the Platform and are under the age of eighteen (18), you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of eighteen (18) years. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or any other third-party service provider acting on Our behalf to transmit the mobile push messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Dallas, Texas before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Develapp® LLC ’s, dba: BudLink™ principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.