Policies, Terms, and Conditions
Agreement between User and www.highergrounds.me (Higher Grounds)
Welcome to www.highergrounds.me. The www.highergrounds.me website (the "Site") is comprised of various web pages operated by Hyrule Management DBA Higher Grounds ("Higher Grounds"). www.highergrounds.me is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.highergrounds.me constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. www.highergrounds.me is an E-Commerce Site. We sell hemp CBD products, coffee beans, local prepackaged food products, and various branded merchandise like t-shirts, sweatshirts, and hats. We also take beverage orders for dine-in and pickup.
Visiting www.highergrounds.me or sending emails to Higher Grounds constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Higher Grounds does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 21, you may not use www.highergrounds.me.
Higher Grounds will only accept returns on items purchased at www.highergrounds.me or in our retail store, within 14 days of order receipt. The product must be unused and unopened. Note: we do not accept returns for hemp flower under any circumstances, and we do not accept returns for hemp oil vaporizer cartridges unless the product is damaged inside the packaging. Returns will not be accepted for customers who order full-spectrum legal hemp CBD products (products containing less than 0.3% THC by weight) assuming they contain zero THC.
Products must be returned within 14 days of order receipt, and returns must follow the instructions below:
1. Email us at [email protected] with the following information: name on order; order number; reason for return. After we verify your information, we will respond with our return shipping address.
2. Once you have shipped the product back to us, please email the tracking number. Make sure to include a copy of the order receipt or packing slip in your return package.
3. When we receive the package and verify that the product qualifies and is intact/unopened we will issue a refund to your original method of payment (credit or debit card). Refunds may take 7- 10 business days to credit to your account. A 10% restocking fee will be deducted from the refund total. The customer will be responsible for return shipping costs.
Note: Higher Grounds cannot be held liable for packages once they are marked as ‘delivered’ by the shipping carrier. If your package has been marked delivered but you cannot locate it, please reach out to the shipping carrier (USPS) for assistance.
If you have any questions regarding our return policy, please contact us.
Effective as of June 15, 2023
Links to Third Party Sites/Third Party Services
www.highergrounds.me may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Higher Grounds and Higher Grounds is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Higher Grounds is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Higher Grounds of the site or any association with its operators.
Certain services made available via www.highergrounds.me are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.highergrounds.me domain, you hereby acknowledge and consent that Higher Grounds may share such information and data with any third party with whom Higher Grounds has a contractual relationship to provide the requested product, service or functionality on behalf of www.highergrounds.me users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Higher Grounds or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Higher Grounds content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Higher Grounds and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Higher Grounds or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by Higher Grounds from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Higher Grounds Content accessed through www.highergrounds.me in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Higher Grounds, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Higher Grounds reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Higher Grounds in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Higher Grounds agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HYRULE MANAGEMENT DBA HIGHER GROUNDS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
HYRULE MANAGEMENT DBA HIGHER GROUNDS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. HYRULE MANAGEMENT DBA HIGHER GROUNDS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HYRULE MANAGEMENT DBA HIGHER GROUNDS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
FDA DISCLAIMER: The statements made regarding these products have not been evaluated by the Food and Drug Administration. The efficacy of these products has not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure or prevent any disease. All information presented here is not meant as a substitute for or alternative to information from health care practitioners. Please consult your healthcare professional about potential interactions or other possible complications before using any product. The Federal Food, Drug, and Cosmetic Act require this notice.
Higher Grounds reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Maine and you hereby consent to the exclusive jurisdiction and venue of courts in Maine in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Higher Grounds as a result of this agreement or use of the Site. Higher Grounds’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Higher Grounds’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Higher Grounds with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Higher Grounds with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Higher Grounds with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Higher Grounds reserves the right, in its sole discretion, to change the Terms under which www.highergrounds.me is offered. The most current version of the Terms will supersede all previous versions. Higher Grounds encourages you to periodically review the Terms to stay informed of our updates.
Higher Grounds ships all packages through the United States Postal Service. Please allow 1-3 days for fulfillment prior to shipping. Orders may be placed at any time but any orders received after 6pm EST will not be processed until the following day.
Higher Grounds only ships to the United States and its territories, and we cannot not ship to military addresses. We apologize to customers who live in other jurisdictions.
Please come and visit us in Portland!
Collection of your Personal Information
Higher Grounds may also collect anonymous demographic information, which is not unique to you. We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services available on the Site. These may include: (a) registering for an account on our Site; (b) sending us an email message; (c) submitting your credit or debit card or other payment information when ordering and purchasing products and services on our Site. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
Use of your Personal Information
Higher Grounds collects and uses your personal information to operate its website(s) and deliver the services you have requested.
Higher Grounds may also use your personally identifiable information to inform you of other products or services available from Higher Grounds and its affiliates.
Sharing Information with Third Parties
Higher Grounds may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. Higher Grounds may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Higher Grounds, and they are required to maintain the confidentiality of your information.
Higher Grounds may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served by Higher Grounds or the site; (b) protect and defend the rights or property of Higher Grounds; and/or (c) act under exigent circumstances to protect the personal safety of users of Higher Grounds, or the public.
Higher Grounds may keep track of the websites and pages our users visit within https://www.highergrounds.me, in order to determine what Higher Grounds services are the most popular. This data is used to deliver customized content and advertising within https://www.highergrounds.me to customers whose behavior indicates that they are interested in a particular subject area.
Automatically Collected Information
Information about your computer hardware and software may be automatically collected by Higher Grounds. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Higher Grounds website.
The https://www.highergrounds.me website may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Higher Grounds services or websites you visit.
This website may contain links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Security of your Personal Information
Higher Grounds secures your personal information from unauthorized access, use, or disclosure. Higher Grounds uses the following methods for this purpose:
– SSL Protocol
When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.
Disconnecting your Higher Grounds Account from Third Party Websites
You may be able to connect your Higher Grounds account to third party accounts. BY CONNECTING YOUR HIGHER GROUNDS ACCOUNT TO YOUR THIRD PARTY ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON THOSE THIRD PARTY SITES). IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING PERSONALLY IDENTIFYING INFORMATION, TO BE SHARED IN THIS MANNER, DO NOT USE THIS FEATURE. You may disconnect your account from a third party account at any time. Users may learn how to disconnect their accounts from third-party websites by contacting us via email or telephone.
From time to time, Higher Grounds may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our Services, we may receive a notification when you open an email from Higher Grounds or click on a link therein.
If you would like to stop receiving marketing or promotional communications via email from Higher Grounds, you may opt out of such communications by Customers may unsubscribe from emails by clicking on the UNSUBSCRIBE button.
You have the right to request that we delete certain personal information we have collected from you. If you wish to do it, please contact Customer Service. Depending on your data choices, certain services may be limited or unavailable.
Changes to this Statement
Higher Grounds welcomes your questions or comments regarding the Terms or any of its policies:
Hyrule Management DBA Higher Grounds
Portland, Maine 04101
Email: [email protected]
Effective as of June 05, 2023
2. You acknowledge that the information on the Website is provided 'as is' for general information only. It is not intended to provide medical advice, and should not be relied upon as a substitute for consultations with qualified health professionals who are familiar with your individual medical needs. Higher Grounds makes no warranties of any kind regarding this Website, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any warranty that these pages, or the computer server which makes them available, are free of viruses or other harmful elements, and such warranties are expressly disclaimed.
3. You agree that you will hold harmless Higher Grounds and its shareholders, officers, directors, and employees from all claims arising out of or related to your access or use of, or your inability to access or use, this Website or the information contained in this Website or other websites to which it is linked, including but not limited to claims that you have found something you have heard, viewed or downloaded from this Website or any other website to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights. In no event will Higher Grounds or any of the information contributors to the Website be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if Higher Grounds has been advised of the possibility of such damages.
4. You acknowledge that the opinions and recommendations contained in this Website are not necessarily those of Higher Grounds nor are they endorsed by Advice Media.
5. Higher Grounds may provide links on the Website to other websites which are not under the control of Higher Grounds. In general, any website which has an address (or URL) not containing 'https://www.highergrounds.me' is such a website. These links are provided for convenience or reference only and are not intended as an endorsement by Higher Grounds of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.
8. This Website (excluding linked sites) is controlled by Advice Media which is headquartered in the State of New York, in the United States of America. It may be accessed from all 50 states, as well as from other countries around the world. Because each of these places has laws that may differ from those of New York, by accessing this Website you agree that the statutes and laws of the State of New York, without regard to conflicts of law principles thereof, will apply to all matters arising from or relating to the use of this Website. You also agree and hereby submit to the exclusive legal jurisdiction and venues of the Courts of Nassau County, New York and the United States District Court for the Southern District of New York with respect to such matters. Higher Grounds and Advice Media. make no representation that materials on the Website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is hereby prohibited. Individuals or organizations choosing to access this Website from other locations do so of their own initiative and are responsible for compliance with local laws.
9. Advice Media, its logo, nameplates are trademarks of Advice Media and are protected by international laws and treaty provisions.
10. All text and electronic images on this Website are copyrighted materials which are either registered copyrights, unregistered common law copyrights, registered trademarks or salesmarks of Higher Grounds or Advice Media, its suppliers or contributors. Any attempt to infringe upon or to circumvent these copyrights or trademarks will subject the infringing individual or organization to severe criminal and civil penalties as prescribed by law.