Terms of Service
This website is operated by Sesh Game. Throughout the site, the terms “we,” “us,” and “our” refer to Sesh Game. Sesh Game offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
*SECTION 1 - ONLINE STORE TERMS*
By agreeing to these Terms of Service, you acknowledge that you are of legal age in your state or province of residence, or that you are the age of majority in your state or province of residence and have consented to allow any of your minor dependents to access this website.
You agree not to use our products for any unlawful or unauthorized purpose nor shall you violate any laws applicable to your jurisdiction (including, but not limited to, copyright laws).
You are prohibited from transmitting any worms, viruses, or malicious code.
A breach or violation of any of these Terms will result in immediate termination of your services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to any individual at any time for any reason.
You understand that your content (excluding credit card information) may be transmitted unencrypted and involve (a) transmissions over various networks; and (b) modifications to adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during network transfers.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without prior written consent from us.
The headings used in this agreement are included for convenience only and shall not constrain or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not liable for any inaccuracies, incompleteness, or delays in the information provided on this website. The content on this site is intended for general informational purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more comprehensive, or more timely sources of information. Any reliance on the information on this site is at your sole risk.
This website may contain historical information. Historical information, by its nature, is not current and is provided solely for reference purposes. We retain the right to modify the content of this website at any time, but we are not obligated to update any information on our site. You acknowledge that it is your responsibility to monitor changes to our website.
Individuals seeking legal advice regarding specific legal matters, including product legality, should consult their respective attorneys. No reader, user, or browser of this website should act or refrain from acting based solely on the information provided here without seeking legal counsel from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein and your interpretation thereof are applicable or appropriate to your specific situation.
Access to, and use of, this website or any linked resources do not establish an attorney-client relationship between the reader, user, or browser and the website’s authors, contributors, contributing law firms, or committee members and their respective employers.
The views expressed on or through this website are solely those of the individual authors writing in their individual capacities. They do not represent the views of Sesh Game as a whole. All liability arising from actions taken or not taken based on the content of this website is expressly disclaimed.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without prior notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without prior notice.
We shall not be held liable to you or any third party for any modification, price change, suspension, or discontinuation of the Service.
Certain products or services may be exclusively available online through our website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy.
We have made every effort to display the colors and images of our products as accurately as possible on our website. However, we cannot guarantee that your computer monitor’s display of any color will be identical.
We reserve the right, but are not obligated, to limit the sales of our products or services to any individual, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We also 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 prior 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 website 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. We also do not warrant that any errors in the Service will be corrected.
*Product Disclaimer:* I acknowledge that the statements regarding these products have not been evaluated by the Food and Drug Administration. This Product is not intended to diagnose, treat, cure, or prevent any disease. I understand that I should not rely on this information to diagnose or treat any health problems or illnesses without consulting my physician. Furthermore, I recognize that the products listed on this website are not intended or to be used to treat any type of medical condition.
*WARNING:* Sesh Game products are not intended for use by individuals under the age of 18. Before using any of our products, please consult a physician if you have any medical conditions, including but not limited to, strokes, high blood pressure, heart, liver, kidney, or thyroid disease, diabetes, anemia, depression, anxiety, other psychiatric conditions, a family history of these or other medical conditions, or if you are taking any prescription, over-the-counter, or other medications.
*PURCHASER DISCLAIMER:* Due to the evolving nature of relevant laws, Sesh Game cannot guarantee the legality of hemp-derived products under applicable laws. Therefore, purchases are at your sole risk.
*SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION*
Sesh Game reserves the right to refuse any order placed with us. We may, in our sole discretion, limit or cancel quantities purchased per person, household, or order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time of order placement. Sesh Game reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You acknowledge and agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, to facilitate your transactions and enable us to contact you as necessary.
For further details, please refer to our Returns Policy.
*SECTION 7 - OPTIONAL TOOLS*
Sesh Game may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such third-party websites. We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and ensure that you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you submit specific materials (for example, contest entries) or without our request, you send creative ideas, suggestions, proposals, plans, or other materials (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please click here.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please click here.
Occasionally, our website or the Service may contain typographical errors, inaccuracies, or omissions that could relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to rectify any errors, inaccuracies, or omissions and to modify or cancel orders if any information in the Service or on any related website becomes inaccurate at any time, without prior notice (including after you have submitted your order).
We do not have any obligation to update, amend, or clarify information in the Service or on any related website, including pricing information, unless required by law. No specified update or refresh date applied in the Service or on any related website should be interpreted as indicating that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to the terms and conditions outlined in the Terms of Service, you are expressly prohibited from using the website or its content for any unlawful purpose. This includes soliciting others to engage in unlawful activities, violating international, federal, provincial, or state regulations, rules, laws, or local ordinances, infringing upon or violating our intellectual property rights or the intellectual property rights of others, harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating against individuals based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, submitting false or misleading information, uploading or transmitting viruses or any other type of malicious code that may affect the functionality or operation of the Service or any related websites, other websites, or the Internet, collecting or tracking personal information of others, engaging in spamming, phishing, pharming, pretexting, spider, crawl, or scraping activities, or using the service for obscene or immoral purposes. Furthermore, you acknowledge that we reserve the right to terminate your use of the Service or any related website for any violation of these prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results obtained from the use of the service will be accurate or reliable.
You acknowledge that from time to time, we may discontinue the service for indefinite periods or cancel it at any time, without prior notice to you.
You acknowledge that your utilization or inability to utilize the service is solely at your own risk. The service and all products and services delivered through the service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representations, 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.
Sesh Game, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors shall not be held 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 you have been notified of their potential. As some states or jurisdictions do not permit the exclusion or 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.
SECTION 14 - INDEMNIFICATION
*Section 15: Severability*
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.
*Section 16: Termination*
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
*Section 17: Entire Agreement*
The failure of either party to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
*These Terms of Service and any policies or operating rules posted by us on this website or in respect to The Service constitute the entirety of the agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).*
*Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.*
*SECTION 18 - GOVERNING LAW*
These Terms of Service and any separate agreements whereby we provide you with Services shall be governed by and construed in accordance with the laws of the United States.
*SECTION 19 - CHANGES TO TERMS OF SERVICE*
You may review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to periodically check our website for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.
*SECTION 20 - SMS/MMS MARKETING*
*SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS*
Sesh Game (hereinafter referred to as “We,” “Us,” or “Our”) is pleased to offer a mobile messaging program (the “Program”). By agreeing to use and participate in the Program, you acknowledge and accept these Mobile Messaging Terms and Conditions and Privacy Policy [Insert URL Link to your Privacy Policy] (the “Agreement”). By opting in to or participating in any of our Programs, you express your consent to abide by these terms and conditions, including your agreement to resolve any disputes with us through binding, individual-only arbitration, as outlined in the “Dispute Resolution” section below. This Agreement is specifically binding on the Program and does not extend to any other terms and conditions or privacy policies that may govern your relationship with Us in other contexts.
*1. User Opt-In:* The Program permits Users to receive SMS/MMS mobile messages by affirmatively consenting to the Program through online or application-based enrollment forms. Regardless of the opt-in method employed to join the Program, this Agreement shall apply to your participation therein. By participating in the Program, you acknowledge that you will receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in. Furthermore, you understand that consent is not necessary for making any purchases from Us. While you consent to receive messages transmitted using an autodialer, this shall not imply that any or all of Our mobile messages are sent utilizing an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency is subject to variation.
*2. User Opt-Out:* If you no longer wish to participate in the Program or no longer agree to this Agreement, you consent to respond with the message STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You acknowledge and agree that the aforementioned options are the sole viable methods of opting out. You recognize that our text message platform may not recognize and respond to unsubscribe requests that modify, alter, or change the STOP, END, CANCEL, UNSUBSCRIBE, or QUIT keyword commands, such as the use of alternative spellings or the addition of other words or phrases to the command. Consequently, Sesh Game and its service providers shall not be held liable for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those specified above or verbally requesting one of our employees to remove you from our list, is not a valid means of opting out.
*Program Description:*
Without restricting the Program’s scope, users who opt-in may anticipate receiving messages pertaining to marketing, promotion, payment, delivery, and sales of [describe company’s goods/service offerings - this should be broad and general to encompass any type of message you may send. Messages outside of this scope may not be permitted under the TCPA]. These messages may include reminders for checkout.
*Cost and Frequency:*
Message and data rates may apply. You acknowledge that you will receive messages periodically at our discretion. Daily, weekly, and monthly message frequency will vary. The Program entails recurring mobile messages, and additional mobile messages may be sent periodically based on your interactions with us.
*Support Instructions:*
For assistance regarding the Program, text “HELP” to the number from which you received messages or email us at william@baysmokes.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 outlined above.
*MMS Disclosure:*
The Program will transmit SMS TMs (terminating messages) if your mobile device lacks the capability to receive MMS messages.
*Our Disclaimer of Warranty:*
The Program is offered on an “as-is” basis and may not be available in all regions at all times. It may also cease to function in the event of product, software, coverage, or other changes made by your wireless carrier. We shall not be held responsible for any delays or failures in the receipt of any mobile messages associated with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider or network operator and is beyond our control. Carriers are not liable for delayed or undelivered mobile messages.
*Participant Requirements:*
To participate in the Platform, you must possess a wireless device capable of two-way messaging, be subscribed to a participating wireless carrier, and have an active text messaging service. Not all cellular phone providers offer the necessary services for participation. Please verify your phone’s capabilities for specific text messaging instructions.
*Age Restriction:*
Access to the Platform is restricted to individuals aged thirteen (13) and above. If you are between the ages of thirteen (13) and eighteen (18), you must obtain parental or legal guardian consent to use or engage with the Platform. By using or engaging with the Platform, you affirm that you meet the age requirements and have the necessary authorization. Additionally, you acknowledge compliance with applicable laws and regulations in your jurisdiction.
*10. Prohibited Content:* You acknowledge and agree to refrain from transmitting any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful in the jurisdiction where such product, service, or promotion is received;
- Content that implicates or references personal health information protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act);
- Any other content that is prohibited by applicable law in the jurisdiction from which the message originates.
*11. Dispute Resolution:* In the event of a dispute, claim, or controversy arising from 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 determined by arbitration in Miami, Florida, 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 Sesh Game’s principal 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 of 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 proportion of the fees incurred for the appointment and administration of the arbitrator. However, the arbitrator retains the authority to order one party to pay all or a portion of these fees as part of a well-reasoned decision. The parties acknowledge that the arbitrator shall have the exclusive authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall not have the authority to award punitive damages, and each party hereby waives any right to seek or recover punitive damages in relation to any dispute resolved through arbitration.
Furthermore, the parties agree that each may initiate claims against the other only in an individual capacity through arbitration, not as a plaintiff or class member in any purported class or representative arbitration proceeding. Unless both parties expressly agree in writing, the arbitrator shall not consolidate more than one person’s claims and shall not preside over any form of representative or class proceeding.
Except as may be mandated by law, neither a party nor the arbitrator may disclose the existence, content, or outcomes of any arbitration proceedings without the prior written consent of both parties, unless such disclosure is necessary to protect or pursue a legal right. If any term or provision of this section is deemed invalid, unlawful, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this section or render such term or provision invalid or unenforceable in any other jurisdiction.
Should a dispute arise and proceed in court rather than through arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall persist regardless of any cancellation or termination of your agreement to participate in any of our programs.
*12. Florida Law Compliance*
We are committed to adhering to the Florida Telemarketing Act and the Florida Do Not Call Act, as applicable to Florida residents. For the purpose of compliance, you acknowledge that we may assume your Florida residency if, at the time of opting into our Program, your shipping address, as provided, is located in Florida, or if the area code for the phone number used to opt-in to the Program is a Florida area code.
Please note that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you. You shall not assert your Florida residency if you do not meet either of the aforementioned criteria or if you do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us.
In the event that you are a Florida resident, you agree that mobile messages sent by us in direct response to mobile messages or requests from you (including, but not limited to, responses to Keywords, opt-in requests, help requests, and shipping notifications) shall not be considered “telephonic sales calls” or “commercial telephone solicitation phone calls” for purposes of Florida Statutes Section 501, as applicable. This includes sections 501.059 and 501.616, to the extent the law is otherwise relevant and applicable.
*Section 13: Miscellaneous*
You warrant and represent to Us that you possess all the requisite rights, powers, and authority to consent to these Terms and fulfill your obligations herein. Nothing contained within this Agreement or in the performance of such obligations will constitute a breach of any other contract or obligation. The non-exercise of any right provided for herein will not be construed as a waiver of any further rights hereunder. Should any provision of this Agreement be deemed unenforceable or invalid, that provision will be limited or eliminated to the extent necessary to ensure the continued validity and enforceability of the Agreement. Any enhancements, modifications, updates, or improvements to the Program shall be subject to this Agreement, unless explicitly stated otherwise in writing. We reserve the right to modify this Agreement from time to time. Any updates to this Agreement will be communicated to you. You acknowledge your responsibility to periodically review this Agreement and remain cognizant of any such changes. By continuing to participate in the Program after any modifications, you expressly accept this Agreement, as amended.