TERMS OF SERVICE AGREEMENTPLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BYACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BEBOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT ISTHE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IFYOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THENPLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OFSERVICE AGREEMENT IS EFFECTIVE AS OF 09/01/2020.ACCEPTANCE OF TERMS The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with N’importeQuoi, LLC, also known as Lucid Fruits, and our subsidiaries and affiliates, in association with the use of the Whauser CBD website,which includes whausercbd.com, (the “Site”) and its Services, which shall be defined below.DESCRIPTION OF WEBSITE SERVICES OFFEREDThe Site is an e-commerce website which has the following description:To facilitate the sale of our Hemp Derived CBD products.Any and all visitors to our site shall be deemed as “users” of the herein contained Services providedfor the purpose of this TOS.The user acknowledges and agrees that the Services provided and made available through ourwebsite and applications, which may include some mobile applications and that thoseapplications may be made available on various social media networking sites and numerous otherplatforms and downloadable programs, are the sole property of N’importe Quoi, LLC. At itsdiscretion, N’importe Quoi, LLC may offer additional website Services and/or products, or update,modify or revise any current content and Services, and this Agreement shall apply to any and alladditional Services and/or products and any and all updated, modified or revised Services unlessotherwise stipulated. N’importe Quoi, LLC does hereby reserve the right to cancel and ceaseoffering any of the aforementioned Services and/or products. You, as the end user acknowledge,accept and agree that N’importe Quoi, LLC shall not be held liable for any such updates, modifications,revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use ofthe Services provided, after such posting of any updates, changes, and/or modifications shall constituteyour acceptance of such updates, changes and/or modifications, and as such, frequent review of thisAgreement and any and all applicable terms and policies should be made by you to ensure you areaware of all terms and policies currently in effect. Should you not agree to the updated, revised ormodified terms, you must stop using the provided Services forthwith.Furthermore, the user understands, acknowledges and agrees that the Services offered shall beprovided “AS IS” and as such N’importe Quoi, LLC shall not assume any responsibility or obligation forthe timeliness, missed delivery, deletion and/or any failure to store user content, communication or
content was placed and/or made available for viewing. This license shall be available solong as you are a member of N’importe Quoi, LLC’s sites, and shall terminate at such timewhen you elect to discontinue your membership.b)Photos, audio, video and/or graphics submitted or made available for inclusion on thepublicly accessible areas of N’importe Quoi, LLC’s sites, the license provided to permit touse, distribute, reproduce, modify, adapt, publicly perform and/or publicly display saidContent on our network Services are for the sole purpose of providing and promoting thespecific area in which this content was placed and/or made available for viewing. Thislicense shall be available so long as you are a member of N’importe Quoi, LLC’s sites andshall terminate at such time when you elect to discontinue your membership.c)For any other content submitted or made available for inclusion on the publicly accessibleareas of N’importe Quoi, LLC’s sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt,publish, translate, publicly perform and/or publicly display said content, whether in whole orin part, and the incorporation of any such Content into other works in any arrangement ormedium current used or later developed.Those areas which may be deemed “publicly accessible” areas of N’importe Quoi, LLC’s sites arethose such areas of our network properties which are meant to be available to the general public,and which would include message boards and groups that are openly available tousers.CONTRIBUTIONS TO COMPANY WEBSITEN’importe Quoi, LLC provides an area for our users to contribute feedback to our website. Whenyou submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, youacknowledge and agree that:a)your contributions do not contain any type of confidential or proprietary information;b)Whauser CBD shall not be liable or under any obligation to ensure or maintainconfidentiality, expressed or implied, related to any Contributions;c)Whauser CBD shall be entitled to make use of and/or disclose any such Contributions inany such manner as they may see fit;d)the contributor’s Contributions shall automatically become the sole property of Lucid Fruits; ande) Lucid Fruits is under no obligation to either compensate or provide any form ofreimbursement in any manner or nature.INDEMNITYAll usersherein agree to insure and hold N’importe Quoi, LLC, our subsidiaries, affiliates, agents,employees, officers, partners and/or licensors blameless or not liable for any claim or demand,
which may include, but is not limited to, reasonable attorney fees made by any third party whichmay arise from any content auser of our site may submit, post, modify, transmit or otherwisemake available through our Services, the use of Whauser CBD Services or your connection withthese Services, your violations of the Terms of Service and/or your violation of any such rights ofanother person.COMMERCIAL REUSE OF SERVICESTheuser herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for anycommercial reason any part, use of, or access to Whauser CBD’s sites.MODIFICATIONSN’importe Quoi, LLC shall reserve the right at any time it may deem fit, to modify, alter and ordiscontinue, whether temporarily or permanently, our service, or any part thereof, with or withoutprior notice. In addition, we shall not be held liable to you or to any third party for any suchalteration, modification, suspension and/or discontinuance of our Services, or any part thereof.ADVERTISERSAny correspondence or business dealings with, or the participation in any promotions of,advertisers located on or through our Services, which may include the payment and/or delivery ofsuch related goods and/or Services, and any such other term, condition, warranty and/orrepresentation associated with such dealings, are and shall be solely between you and any suchadvertiser. Moreover, you herein agree that N’importe Quoi, LLC shall not be held responsible orliable for any loss or damage of any nature or manner incurred as a direct result of any suchdealings or as a result of the presence of such advertisers on our website.LINKSEither N’importe Quoi, LLC or any third parties may provide links to other websites and/orresources. Thus, you acknowledge and agree that we are not responsible for the availability ofany such external sites or resources, and as such, we do not endorse nor are we responsible orliable for any content, products, advertising or any other materials, on or available from such thirdparty sites or resources. Furthermore, you acknowledge and agree that N’importe Quoi, LLC shallnot be responsible or liable, directly or indirectly, for any such damage or loss which may be aresult of, caused or allegedly to be caused by or in connection with the use of or the reliance onany such content, goods or Services made available on or through any such site or resource.PROPRIETARY RIGHTSYou do hereby acknowledge and agree that N’importe Quoi, LLC’s Services and any essentialsoftware that may be used in connection with our Services (“Software”) shall contain proprietaryand confidential material that is protected by applicable intellectual property rights and other laws.Furthermore, you herein acknowledge and agree that any Content which may be contained in anyadvertisements or information presented by and through our Services or by advertisers isprotected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore,except for that which is expressly permitted by applicable law or as authorized by N’importe Quoi,
LLC or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute,transmit, broadcast, publicly perform and/or created any plagiaristic works which are based onN’importe Quoi, LLC Services (e.g. Content or Software), in whole or part.N’importe Quoi, LLC herein has granted you personal, non-transferable and non-exclusive rightsand/or license to make use of the object code or our Software on a single computer, as long asyou do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize workfrom, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern anysource code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer anysuch right in the Software. Furthermore, you do herein agree not to alter or change the Softwarein any manner, nature or form, and as such, not to use any modified versions of the Software,including and without limitation, for the purpose of obtaining unauthorized access to our Services.Lastly, you also agree not to access or attempt to access our Services through any means otherthan through the interface which is provided by N’importe Quoi, LLC for use in accessing ourServices.WARRANTY DISCLAIMERSYOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:a)THE USE OF N’IMPORTE QUOI, LLC SERVICES AND SOFTWARE ARE AT THE SOLERISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “ASIS” AND/OR “AS AVAILABLE” BASIS. N’IMPORTE QUOI, LLC AND OURSUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS ANDLICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KINDWHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANYIMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE AND NON-INFRINGEMENT.b)N’IMPORTE QUOI, LLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES,AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i)N’IMPORTE QUOI, LLC SERVICES OR SOFTWARE WILL MEET YOURREQUIREMENTS; (ii) N’IMPORTE QUOI, LLC SERVICES OR SOFTWARE SHALL BEUNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTSWHICH MAY BE OBTAINED FROM THE USE OF THE N’IMPORTE QUOI, LLCSERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANYPRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BEPURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWAREWILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINEDIN THE SOFTWARE SHALL BE CORRECTED.c)ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BYWAY OF N’IMPORTE QUOI, LLC SERVICES OR SOFTWARE SHALL BE ACCESSEDBY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BESOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS ANDCAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTERAND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANYLOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH
INFORMATION OR MATERIAL.d)NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THATMAY BE OBTAINED BY YOU FROM N’IMPORTE QUOI, LLC OR BY WAY OF OR FROMOUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLYSTATED IN THE TOS.e)A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OFEPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS ORBACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILEUSING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLYUNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHOHAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU,ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTICCONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THEFOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTEREDVISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION,ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.LIMITATION OF LIABILITYYOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT N’IMPORTE QUOI,LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE,INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OFANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVENTHOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGESMAY OCCUR, AND RESULT FROM:a)THE USE OR INABILITY TO USE OUR SERVICE;b)THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;c)UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA;d)STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;e)AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.RELEASEIn the event you have a dispute, you agree to release N’importe Quoi, LLC (and its officers,directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any otherthird parties) from claims, demands and damages (actual and consequential) of every kind andnature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising outof or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERSShould you intend to create or to join any service, receive or request any such news, messages,alerts or other information from our Services concerning companies, stock quotes, investments orsecurities, please review the above Sections Warranty Disclaimers and Limitations of Liabilityagain. In addition, for this particular type of information, the phrase “Let the investor beware” isappropriate. N’importe Quoi, LLC’s content is provided primarily for informational purposes, andno content that shall be provided or included in our Services is intended for trading or investingpurposes. N’importe Quoi, LLC and our licensors shall not be responsible or liable for theaccuracy, usefulness or availability of any information transmitted and/or made available by wayof our Services, and shall not be responsible or liable for any trading and/or investment decisionsbased on any such information.EXCLUSION AND LIMITATIONSTHERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAINWARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL ORCONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OFSECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TOYOU.THIRD PARTY BENEFICIARIESYou herein acknowledge, understand and agree, unless otherwise expressly provided in thisTOS, that there shall be no third-party beneficiaries to this agreement.NOTICEN’importe Quoi, LLC may furnish you with notices, including those with regards to any changes tothe TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postingson our website Services, or other reasonable means currently known or any which may be hereinafter developed. Any such notices may not be received if you violate any aspects of the TOS byaccessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes youragreement that you are deemed to have received any and all notices that would have beendelivered had you accessed our Services in an authorized manner.TRADEMARK INFORMATIONYou herein acknowledge, understand and agree that all of the N’importe Quoi, LLC trademarks,copyright, trade name, service marks, and other N’importe Quoi, LLC logos and any brandfeatures, and/or product and service names are trademarks and as such, are and shall remain theproperty of N’importe Quoi, LLC. You herein agree not to display and/or use in any manner theN’importe Quoi, LLC logo or marks without obtaining N’importe Quoi, LLC’s prior written consent.COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE& PROCEDURES
N’importe Quoi, LLC will always respect the intellectual property of others, and we ask that all ofour users do the same. With regards to appropriate circumstances and at its sole discretion,N’importe Quoi, LLC may disable and/or terminate the accounts of any user who violates ourTOS and/or infringes the rights of others. If you feel that your work has been duplicated in such away that would constitute copyright infringement, or if you believe your intellectual property rightshave been otherwise violated, you should provide to us the following information:a)The electronic or the physical signature of the individual that is authorized on behalf of theowner of the copyright or other intellectual property interest;b)A description of the copyrighted work or other intellectual property that you believe hasbeen infringed upon;c)A description of the location of the site which you allege has been infringing upon yourwork;d)Your physical address, telephone number, and email address;e)A statement, in which you state that the alleged and disputed use of your work is notauthorized by the copyright owner, its agents or the law;f)And finally, a statement, made under penalty of perjury, that the aforementionedinformation in your notice is truthful and accurate, and that you are the copyright orintellectual property owner, representative or agent authorized to act on the copyright orintellectual property owner’s behalf.The N’importe Quoi, LLC Agent for notice of claims of copyright or other intellectual propertyinfringement can be contacted as follows:Mailing Address:N’importe Quoi, LLCAttn: Copyright Agent Email:[email protected] CAPTIONINGBE IT KNOWN, that N’importe Quoi, LLC complies with all applicable Federal CommunicationsCommission rules and regulations regarding the closed captioning of video content. For moreinformation, please visit our website at lucid-fruits.com. GENERAL INFORMATIONENTIRE AGREEMENTThis TOS constitutes the entire agreement between you and N’importe Quoi, LLC and shall
govern the use of our Services, superseding any prior version of this TOS between you and uswith respect to N’importe Quoi, LLC Services. You may also be subject to additional terms andconditions that may apply when you use or purchase certain other N’importe Quoi, LLC Services,affiliate Services, third-party content or third-party software.CHOICE OF LAW AND FORUMIt is at the mutual agreement of both you and N’importe Quoi, LLC with regard to the TOS that therelationship between the parties shall be governed by the laws of the state of Arizona withoutregard to its conflict of law provisions and that any and all claims, causes of action and/ordisputes, arising out of or relating to the TOS, or the relationship between you and N’importeQuoi, LLC, shall be filed within the courts having jurisdiction within the County of Maricopa,Arizona or the U.S. District Court located in said state. You and N’importe Quoi, LLC agree tosubmit to the jurisdiction of the courts as previously mentioned, and agree to waive any and allobjections to the exercise of jurisdiction over the parties by such courts and to venue in suchcourts.WAIVER AND SEVERABILITY OF TERMSAt any time, should N’importe Quoi, LLC fail to exercise or enforce any right or provision of theTOS, such failure shall not constitute a waiver of such right or provision. If any provision of thisTOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree thatthe court should endeavor to give effect to the parties’ intentions as reflected in the provision, andthe other provisions of the TOS remain in full force and effect.STATUTE OF LIMITATIONSYou acknowledge, understand and agree that regardless of any statute or law to the contrary, anyclaim or action arising out of or related to the use of our Services or the TOS must be filed within1year(s) after said claim or cause of action arose or shall be forever barred.VIOLATIONSPlease report any and all violations of this TOS to N’importe Quoi, LLC Telephone: 661-860-2442Email:[email protected]