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Terms of service
FK+ - Terms and Conditions
1. Introduction & Acceptance of Terms
These Terms and Conditions (the “Terms”) govern your access to and use of the website located at [https://fkplus.com] (the “Website”), which is owned and operated by FKH2.0 Holdings, Inc. (“FK+,” “we,” “us,” or “our”), a Delaware corporation. These Terms constitute a legally binding agreement between you (“you” or “User”) and FK+ regarding your use of the Website and the related services, features, content, functionality, and offers made available through the Website (collectively, the “Services”).
By accessing, browsing, using, or interacting with the Website or Services, you affirm that you have read, understood, and agree to be bound by these Terms and our [Privacy Policy], which is incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you may not access or use the Website or any of the Services.
Binding Arbitration Notice: These Terms contain a binding arbitration clause and a class action waiver that affect your legal rights. Except for limited types of disputes described herein, you agree that disputes between you and FK+ must be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration. Please see Section 17 for more information.
FK+ reserves the right to update, revise, or modify these Terms at any time, in its sole discretion. Any changes will become effective upon posting the revised Terms to the Website. You are responsible for reviewing these Terms periodically. Your continued use of the Website or Services after any changes are posted will constitute your acknowledgment and acceptance of the revised Terms. If you do not agree to any amendment, you must discontinue your use of the Website and Services.
2. Eligibility, Jurisdiction, and Geographic Limitations
2.1 Eligibility
Access to and use of the Website and Services is limited to individuals who are at least twenty-one (21) years of age and legally capable of entering into binding contracts under applicable law. By accessing or using the Website, you represent and warrant that you are at least 21 years old, and that all information you provide to FK+ is truthful, accurate, and complete.
We reserve the right to deny access to the Website or Services to any person, at any time and for any reason, including for violations of these Terms.
2.2 Jurisdiction and Governing Law
FKH2.0 Holdings, Inc. is a corporation organized under the laws of the State of Delaware, United States. These Terms and any disputes arising out of or relating to them or the Services shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of laws principles.
You understand and agree that:
• Access to the Website is deemed to occur in the State of Delaware, regardless of your physical location.
• By using this Website, you consent to the jurisdiction and venue of the state and federal courts located in Delaware for any matters not subject to arbitration.
2.3 Geographic Restrictions
FK+ makes no representation that the Website or Services are available, appropriate, or legal for use in all locations. Accessing the Website from jurisdictions where its content or use is illegal is strictly prohibited. It is your sole responsibility to ensure that your use of the Website complies with all applicable local, state, and federal laws, including restrictions governing the sale, possession, or use of hemp-derived or cannabinoid products.
You may not use the Website or purchase products through it if such use or purchase is prohibited in your jurisdiction, or if you are otherwise barred from receiving such products or services under applicable law.
3. Permitted Use and User Obligations
3.1 Authorized Use
You may use the Website and Services solely for your personal, non-commercial use and in compliance with these Terms and all applicable laws, rules, and regulations. You agree not to use the Website or Services in any way that could damage, disable, overburden, or impair the functioning of the Website or interfere with any other party’s use and enjoyment of the Services.
You may not access or use the Website for any purpose that is unlawful or prohibited by these Terms, including but not limited to:
• Violating any local, state, federal, or international law or regulation;
• Infringing upon or violating our intellectual property rights or the rights of others;
• Harassing, abusing, insulting, harming, defaming, slandering, intimidating, or discriminating against others;
• Submitting false or misleading information;
• Uploading or transmitting viruses or any other type of malicious code;
• Attempting to gain unauthorized access to the Website, servers, or related systems;
• Using any automated means, including bots, crawlers, or scrapers, to access or use the Website;
• Impersonating any person or entity, or misrepresenting your affiliation with any person or entity;
• Attempting to test, probe, scan, or breach the security or authentication measures of the Website or related systems.
FK+ reserves the right to monitor and investigate any suspected violations of this section and to take appropriate action, including suspending or terminating access to the Website and Services and cooperating with law enforcement authorities.
3.2 Account Security and Responsibility
If you create an account on the Website, you are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify FK+ immediately of any unauthorized use of your account or any other breach of security.
FK+ is not liable for any loss or damage resulting from your failure to safeguard your account credentials or comply with your obligations under this section.
4. Intellectual Property and Content Ownership
4.1 Ownership of Materials
All content, features, and functionality available on or through the Website—including, without limitation, all text, graphics, logos, icons, images, audio clips, video content, data compilations, software, code, and the design, selection, and arrangement thereof (collectively, the “FK+ Materials”)—are the exclusive property of FKH2.0 Holdings, Inc. or its affiliates, licensors, or other content providers, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
No ownership interest or right is transferred to you as a result of your use of the Website or the Services, and all rights not expressly granted to you in these Terms are reserved by FK+ and its licensors.
4.2 Limited License
Subject to your continued compliance with these Terms, FK+ grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Website and the FK+ Materials strictly for your personal, non-commercial use.
You may:
• View and interact with publicly available portions of the Website;
• Temporarily download one copy of the FK+ Materials for personal, non-commercial use only, provided that you do not modify or delete any proprietary notices from the materials.
You may not:
• Copy, reproduce, distribute, publish, repurpose, display, modify, create derivative works of, or publicly perform any part of the Website or FK+ Materials, except as expressly permitted herein;
• Sell, license, or otherwise exploit any part of the Website or its content for commercial purposes;
• Use the FK+ trademarks, trade names, logos, or service marks without prior written consent.
4.3 Feedback and Submissions
If you send or submit any ideas, suggestions, concepts, improvements, feedback, or other materials (“Submissions”) to FK+, whether through the Website or otherwise, you hereby grant FK+ a perpetual, irrevocable, worldwide, royalty-free, fully transferable and sublicensable right and license to use, reproduce, adapt, publish, translate, modify, distribute, display, and otherwise exploit such Submissions in any manner and for any purpose, without compensation to you.
You acknowledge and agree that any Submissions you provide to FK+ are non-confidential and non-proprietary, and that FK+ shall have no obligation to review, keep, or return them.
5. Accuracy, Errors, and Availability of Information
5.1 Accuracy of Content
FK+ makes reasonable efforts to ensure that the information on the Website is complete, accurate, and current. However, despite our best efforts, the Website may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, availability, or other content.
We reserve the right to correct any such errors, inaccuracies, or omissions at any time, without prior notice, including after an order has been submitted. FK+ disclaims any obligation to update or clarify information on the Website, except as required by law.
5.2 Product Availability
All products and services displayed on the Website are subject to availability and may be withdrawn or modified at any time. FK+ reserves the right to limit the quantities of any products or services that we offer and to refuse or cancel any orders in our sole discretion.
We do not guarantee that all items described on the Website will be available at all times, in all jurisdictions, or in your specific region.
5.3 Third-Party Links and Resources
The Website may contain links to third-party websites or resources. These links are provided for your convenience only, and do not signify any endorsement, sponsorship, or affiliation by FK+. We do not control, and are not responsible for, the content, policies, or practices of any third-party websites or services.
Accessing third-party links is done at your own risk, and you acknowledge that FK+ shall have no liability arising from your use of or reliance on such third-party content.
6. Privacy and Data Practices
6.1 Privacy Policy Integration
Your use of the Website and Services is subject to FK+’s [Privacy Policy], which governs our collection, use, storage, and disclosure of your personal information. By accessing or using the Website, you consent to the collection and use of your information as described in the Privacy Policy, including the transfer of information to the United States or other countries for storage, processing, and use by FK+ and its affiliates.
You acknowledge that you have read and understand the Privacy Policy, which is incorporated into these Terms by reference.
6.2 Data Security and Transmission
FK+ employs reasonable physical, technical, and administrative safeguards to protect your personal information. However, no method of transmission over the internet, or method of electronic storage, is completely secure. Accordingly, we cannot guarantee the absolute security of your data.
You understand and acknowledge that:
• The security of communications and data transmitted via the internet cannot be guaranteed;
• Any information you transmit through the Website is sent at your own risk;
• FK+ shall not be held liable for any unauthorized access to or loss of your information arising from causes beyond our reasonable control.
6.3 Consent to Electronic Communications
By using the Website or Services, you consent to receive communications from us electronically, including emails, texts, or notices posted to the Website. These communications may include transactional information, account updates, promotional content, legal notices, or other messages. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.
You may opt out of certain marketing communications as outlined in our Privacy Policy, but transactional or service-related communications may still be sent as necessary to fulfill our contractual obligations.
7. User Content and Public Interactions
7.1 User-Generated Content
The Website may include features that allow you and other users to post, submit, upload, publish, display, or transmit content or materials, including but not limited to reviews, comments, testimonials, suggestions, and other user-generated content (“User Content”).
By submitting User Content to the Website, you:
• Grant FK+ a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license (with the right to sublicense) to use, reproduce, distribute, modify, publicly perform, display, and otherwise exploit the User Content in any form, medium, or technology, whether now known or hereafter developed, for any lawful purpose;
• Represent and warrant that you own or otherwise control all rights in and to your User Content, and that it does not infringe or violate the intellectual property, privacy, publicity, or other rights of any third party;
• Acknowledge and agree that FK+ has no obligation to review or monitor User Content but reserves the right to remove or refuse to display User Content at its sole discretion.
You understand that User Content posted to public areas of the Website may be visible to other users and to the general public, and that you should not post any content you wish to keep confidential or that could be used to personally identify you.
7.2 Prohibited Content and Conduct
You agree not to post, upload, or otherwise make available on the Website any content that:
• Is false, misleading, defamatory, obscene, pornographic, indecent, vulgar, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
• Contains personal information about others without their express consent;
• Violates any applicable law, regulation, or contractual obligation;
• Infringes the intellectual property rights of any third party;
• Contains viruses, malware, or any other harmful code or files;
• Impersonates any person or entity, or otherwise misrepresents your affiliation with a person or entity;
• Contains unsolicited or unauthorized advertising, promotional materials, or spam.
FK+ reserves the right, but has no obligation, to monitor, edit, or remove User Content that violates these Terms or is otherwise inappropriate, in our sole discretion.
8. Disclaimers of Warranty
8.1 General Disclaimer
The Website, the Services, all content and materials available through the Website, and all products offered or sold by FK+ are provided on an “as is,” “as available,” and “with all faults” basis, without any warranties of any kind, whether express, implied, or statutory.
To the fullest extent permitted under applicable law, FK+ expressly disclaims all warranties and representations, including but not limited to:
• Implied warranties of merchantability,
• Fitness for a particular purpose,
• Non-infringement,
• Accuracy, timeliness, or completeness of content,
• Quiet enjoyment, and
• Freedom from computer viruses or other harmful components.
We make no warranty that:
• The Website or Services will meet your requirements;
• The Website will be available on an uninterrupted, timely, secure, or error-free basis;
• The results obtained from the use of the Website or Services will be accurate or reliable;
• Any errors or defects in the Website or Services will be corrected.
8.2 No Medical or Legal Advice
All information provided on the Website is for general informational purposes only and is not intended as, nor should it be construed as, medical, legal, or professional advice. You should consult with a qualified healthcare provider before using any of the products featured on the Website, particularly if you have any pre-existing medical conditions, are pregnant or nursing, or are taking medications.
No information provided by FK+, its employees, or representatives shall create any warranty or guarantee not expressly stated in these Terms.
9. Limitation of Liability
To the fullest extent permitted by applicable law, under no circumstances shall FKH2.0 Holdings, Inc., its affiliates, officers, directors, employees, agents, licensors, service providers, or business partners (collectively, the “FK+ Parties”) be liable to you or any third party for any indirect, incidental, consequential, special, exemplary, or punitive damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising out of or relating to:
• Your access to or use of, or inability to access or use, the Website or Services;
• Any conduct or content of any other user or third party on the Website;
• Any content, information, or services obtained through the Website;
• Any purchases made through the Website or use of products sold via the Website;
• Any unauthorized access, use, or alteration of your transmissions or content.
This limitation applies even if a FK+ Party has been advised of the possibility of such damages or losses, or if such damages or losses were otherwise foreseeable.
9.1 Cap on Liability
In no event shall the total aggregate liability of the FK+ Parties for all claims arising out of or related to these Terms, the Website, the Services, or the products offered exceed the greater of:
• Twenty U.S. dollars ($20.00 USD); or
• The total amount you paid to FK+ for products or services in the six (6) month period preceding the event giving rise to the claim.
9.2 Jurisdictional Limitations
Some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If such laws apply to you, some or all of the disclaimers, exclusions, or limitations in this section may not apply to you, and you may have additional rights.
10. Indemnification
You agree to defend, indemnify, and hold harmless FKH2.0 Holdings, Inc., its affiliates, subsidiaries, officers, directors, employees, contractors, licensors, service providers, and agents (collectively, the “FK+ Parties”) from and against any and all actual or threatened claims, actions, suits, proceedings, liabilities, losses, expenses, damages, and costs (including reasonable attorneys’ fees and court costs) arising out of or relating to:
• Your use or misuse of the Website, Services, or products purchased through the Website;
• Your violation of these Terms or any applicable law or regulation;
• Your breach of any representation, warranty, or covenant set forth in these Terms;
• Any User Content or other information you submit, transmit, or make available through the Website;
• Any activity occurring under your account, whether or not authorized by you.
FK+ reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such case, you agree to cooperate with FK+’s defense of such claims.
This indemnity shall survive termination of these Terms and your use of the Website and Services.
11. Termination and Suspension
11.1 Termination by FK+
FK+ reserves the right, in its sole discretion and without notice or liability to you, to suspend, disable, or terminate your access to the Website or Services, or to delete your account, at any time and for any reason, including but not limited to:
• A breach or suspected breach of these Terms;
• Conduct that FK+ believes, in good faith, is harmful to other users, to FK+, or to third parties;
• Conduct that violates applicable laws or regulations;
• Requests by law enforcement or other government agencies.
In the event of termination, all rights granted to you under these Terms will immediately cease, and you must promptly discontinue all access to and use of the Website and Services.
11.2 Termination by You
You may terminate these Terms at any time by ceasing to access or use the Website and Services. If you have an account, you may request that it be closed by contacting us at [help@fkplus.com].
11.3 Survival of Provisions
All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: ownership provisions, warranty disclaimers, limitation of liability, indemnification obligations, dispute resolution, and any other provisions which by their terms or context are intended to survive.
12. Entire Agreement and Modifications
12.1 Entire Agreement
These Terms, together with FK+’s Privacy Policy and any other legal notices or additional terms published by FK+ on the Website, constitute the entire agreement between you and FKH2.0 Holdings, Inc. concerning your access to and use of the Website and Services. They supersede all prior or contemporaneous communications, agreements, or understandings—whether oral or written—between you and FK+ with respect to the subject matter hereof.
12.2 Modifications to Terms
FK+ may update, amend, or revise these Terms at any time, in its sole discretion. Any modifications will be effective immediately upon posting to the Website, unless otherwise stated. Your continued use of the Website or Services after such changes have been posted constitutes your agreement to the revised Terms.
You are responsible for reviewing the Terms periodically. If you do not agree to the modifications, you must immediately cease use of the Website and Services.
13. Waiver and Severability
13.1 No Waiver
The failure of FK+ to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of FKH2.0 Holdings, Inc.
13.2 Severability
If any provision of these Terms is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable for any reason, then that provision shall be severed from these Terms and shall not affect the validity and enforceability of any remaining provisions. The remaining provisions will continue in full force and effect.
14. Assignment
You may not assign, delegate, or transfer these Terms or your rights or obligations under them, whether by operation of law or otherwise, without the prior written consent of FKH2.0 Holdings, Inc. Any attempted assignment without such consent will be null and void.
FK+ may freely assign or transfer these Terms, in whole or in part, without restriction and without notice to you, including in connection with a merger, acquisition, reorganization, or sale of assets. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.
15. Dispute Resolution and Arbitration Agreement
15.1 Agreement to Arbitrate
You and FKH2.0 Holdings, Inc. agree that any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Website or Services, any products sold or offered on the Website, or the relationship between you and FK+ (collectively, “Disputes”) shall be resolved exclusively through final and binding arbitration, rather than in court, except as expressly provided below.
This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and shall apply to all Disputes regardless of legal theory, including contract, tort, statute, fraud, misrepresentation, or any other legal or equitable basis.
15.2 Class Action Waiver
You agree that any arbitration or legal proceeding shall be conducted only on an individual basis and not as a class, consolidated, or representative action. You further agree to waive any right to a jury trial and to participate in a class action or class arbitration.
Unless both you and FK+ agree otherwise in writing, the arbitrator may not consolidate or join more than one party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding.
15.3 Arbitration Procedures
All Disputes shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, as modified by this Section. The arbitration shall be conducted:
• Virtually or in the State of Delaware, unless otherwise agreed;
• By a single, neutral arbitrator selected in accordance with the AAA Rules;
• In English, unless otherwise required by law.
The arbitrator will have the authority to award any remedies that would be available under applicable law in an individual action. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Each party shall bear its own costs and attorneys’ fees, except to the extent otherwise required by law or as expressly awarded by the arbitrator.
15.4 Exceptions to Arbitration
Notwithstanding the foregoing, either party may bring an individual action in small claims court, or seek injunctive or equitable relief in a court of competent jurisdiction located in Delaware to prevent actual or threatened misuse of intellectual property rights.
15.5 Survival of Arbitration Agreement
This arbitration agreement shall survive termination of these Terms, your relationship with FK+, and your use of the Website or Services.
16. Promotions and Discount Programs
16.1 Promotional Offers and Discounts
From time to time, FK+ may offer promotional codes, discounts, coupons, giveaways, referral incentives, loyalty rewards, or other special offers (“Promotions”) to select customers, subject to specific terms and availability. FK+ reserves the right to determine eligibility for any Promotion, and may change, suspend, or terminate any Promotion at any time without prior notice and at its sole discretion.
Unless otherwise stated:
• Promotions may not be combined with other offers, discounts, or coupons;
• Promotions are valid only for a limited time and while supplies last;
• Discount codes are for single-use only and are non-transferable;
• Promotions do not apply to taxes, shipping, or subscription orders;
• Promotions are not valid toward previous purchases and may not be redeemed for cash or credit.
FK+ reserves the right to withhold or deduct credits or benefits obtained through a Promotion if it determines that the Promotion was used in error, fraudulently, illegally, or in violation of applicable terms or these Terms of Use.
16.2 Loyalty and Referral Programs
FK+ may offer loyalty programs or referral incentives to reward returning customers or users who refer others to the brand. Participation in such programs is subject to the specific terms and conditions of that program, which may include point accumulation rules, reward tiers, redemption limits, and expiration dates.
FK+ may suspend or terminate your participation in any loyalty or referral program if it determines you have violated the terms, engaged in fraudulent activity, or otherwise misused the program.
17. Force Majeure
FK+ shall not be held liable for any failure or delay in the performance of its obligations under these Terms or in providing access to the Website or Services, where such failure or delay results from causes beyond its reasonable control, including but not limited to:
• Natural disasters such as fire, flood, earthquake, storm, or other acts of God;
• Epidemics, pandemics, or public health emergencies;
• Acts of war, terrorism, insurrection, riots, civil disturbances, or sabotage;
• Labor disputes, strikes, lockouts, or shortages of labor or materials;
• Failures or delays of suppliers, vendors, utility providers, or internet service providers;
• Power outages, telecommunications disruptions, or infrastructure breakdowns;
• Governmental acts, regulations, mandates, orders, or restrictions;
• Any other unforeseen circumstance or event beyond FK+’s control.
FK+’s obligations under these Terms shall be suspended for the duration of the event constituting force majeure and shall resume as soon as reasonably practicable thereafter. If the force majeure event continues for an extended period, FK+ reserves the right to terminate affected services without liability.
18. Contact Information and Miscellaneous
18.1 How to Contact Us
If you have any questions about these Terms, the Website, the Services, or any product purchased through our platform, please contact us using the information below:
FK+ Customer Support
Email: help@fkplus.com
Phone: +1-786-767-5165
Mailing Address:
701 Brickell Avenue, Suite 1550 Miami FL, 33131
We aim to respond to inquiries within a reasonable timeframe, but cannot guarantee a specific response window.
18.2 Interpretation
Section titles and headings in these Terms are for convenience only and have no legal or contractual effect. Where the context requires, words in the singular shall include the plural and vice versa.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
18.3 Governing Language
These Terms are drafted in English, which shall be the governing language of this agreement. Any translated version is provided solely for convenience and shall not have legal effect.