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We believe everyone should have access to quality Delta-8 hemp. Because we control production from seed to smoke, we can offer premium hemp at affordable prices.
We’ve spent years crafting our natural Delta-8 blend from the finest American hemp flower to give you the most premium experience every time. Whether you’re hanging with friends or chilling solo, you can be sure you’ll get the smoothest, purest unwinding experience in every smoke.
Ready to Share With You Our Knowledge
We believe everyone should have access to quality Delta-8 hemp. To do this, we keep our products affordable, simple, and friendly. Because we control production from seed to smoke, we can offer premium hemp at affordable prices. We invest tremendous time and resources into our products and never sacrifice quality. We’ve worked hard to cut unnecessary expenses, develop efficient operations, and leverage our business relationships to save money on everything outside of the product quality and pass along those savings to you.
While our hemp products are federally legal under the 2018 Farm Bill and do not exceed the legal limit of 0.3% Delta-9 THC, certain states are challenging the legality of Delta-8 and CBD products. We are constantly monitoring the legality of our products across the country and only allow shipping to states where Delta-8 and CBD can be sold. Because state laws on hemp are frequently changing, we recommend confirming hemp legality in your state before making a purchase. If you live in a stay that bans Delta-8 or CBD products, there is likely a neighboring state where you can get Indiana Summers products.
Many of the states banning hemp-derived Delta-8 products are states that have legalized Delta-9 THC and are home to multibillion-dollar marijuana corporations. Because hemp-derived products that do not exceed 0.3% Delta-9 THC are federally legal and the fact that federal law supersedes state law, the state laws banning the sale of hemp-derived Delta-8 are being challenged in the individual state courts. We are working towards changing these acarine laws and challenging bans on federally legal hemp.
A certificate of analysis, or COA, is an official certification from a laboratory identifying the chemical compounds present in a product. These certificates are used to show the quantities of each individual cannabinoid present in the hemp blend, including Delta-8, CBD, CBG, and Delta-9 THC.
All certificates of analysis of Indiana Summers products are from one of the only FDA-approved 3rd party laboratories in the United States. We regularly work with chemists and other scientists to assure our products are of the highest potency possible for hemp-derived Delta-8, CBD, and CBG, as well as within the legal limit of Delta-9 THC. To promote quality control and transparency, we constantly test our products and regularly update our COAs.
You can find our most up-to-date certificate of analysis linked at the bottom of every page on our website.
Yes.
On December 20, 2018, the United States government enacted the Agricultural Improvement Act of 2018. Known as the 2018 Farm Bill, this law explicitly legalized the production and sale of hemp that contains no more than 0.3% Delta-9 THC on a dry weight basis. In this Bill, Congress amended the Controlled Substances Act to remove industrial hemp from the list of Schedule 1 drugs. As a result of the 2018 Farm Bill, the legal market for hemp and hemp-derived products was created.
Because Indiana Summers products contain hemp-derived Delta-8, CBD, and CBG, and do not exceed the legal limit of 0.3% Delta-9 THC, all products fall under the 2018 Farm Bill’s definition of hemp. While federally legal under this law, certain states are challenging the legality of Delta-8 and CBD products. We are constantly monitoring the legality of our products across the country and only allow shipping to states where Delta-8 and CBD can be sold. Because state laws on hemp are frequently changing, we recommend confirming hemp legality in your state before making a purchase.
Many of the states banning hemp-derived Delta-8 products are states that have legalized the federally illegal Delta-9 THC and are home to multibillion-dollar marijuana corporations with strong political influence. Other states have influential figures who believe in the failed concept of prohibition. Because hemp-derived products that do not exceed 0.3% Delta-9 THC are federally legal and the fact that federal law supersedes state law, the state laws banning the sale of hemp-derived Delta-8 are being challenged in the individual state courts.
It depends. Like someone who consumes poppy seeds may test positive for opioids, it is possible that smoking hemp may show up on drug test as positive for THC. Although Indiana Summers products are within the legal limit for Delta-9 THC, it is possible that smoking hemp can result in a positive test for THC as some tests do not distinguish between different types of THC. It is strongly recommended that you consult with a medical professional or healthcare provider before consuming any hemp or hemp-derived products if you will be subject to drug testing.
Yes. We only partner with small family farmers that grow organic hemp and use sustainable cultivation practices. In developing these close relationships, we assure that our hemp is all natural, organic, and contains no pesticides.
No. Our products only have natural American hemp flower. Unlike with vapes and edibles, our smokes have no mysterious synthetic or artificial chemicals. To see all the cannabinoids present in our Indiana Summers hemp blend, check out our certificate of analysis.
No. Indiana Summers products are only made from pure hemp flower. All our smokes and pre-rolls are crafted at our stand-alone hemp facility, where we only make natural hemp flower products. With no nicotine or tobacco, our smokes may be used as an alternative to high-nicotine substances like cigarettes or vapes.
Yes. Through our farming partnerships and proprietary blending methods, we’ve developed the most consistent Delta-8 smoke products possible. Our proprietary hemp flower blend goes through several quality control processes before we pack our products by hand and get them to you.
Yes. Studies show that hemp is one of the most efficient and effective plants at reducing pollution, regenerating contaminated soil, and combating climate change. Hemp has been found to absorb more CO2 per hectare than any other commercial or forest crop, including trees.
Even with the low environmental impact and negligible carbon footprint of hemp, we go further in our commitment to clean production by only partnering with local farmers that use sustainable farming practices. Because of our close relationships, we make sure our unique blend is responsibly sourced and cultivated using environmentally friendly methods. These methods include traditional hand-grown practices and innovative technologies, such as water-saving drip irrigation and GPS tractor tracking systems. No pesticides are used in growing the Indiana Summers hemp blend.
After cultivation, we limit our transport emissions by making and packaging our smokes at the same location. All our packaging is made of completely recyclable and biodegradable paper as well as reusable materials. We also offer 100% carbon neutral shipping for all orders.
Rather than use traditional paper, we use natural hemp paper for our smokes.
Delta-8 tetrahydrocannabinol, otherwise known as Delta-8 or Delta-8 THC, is a naturally occurring cannabinoid found in the cannabis plant. Delta-8 is often associated with euphoric experiences. All Indiana Summers products contain hemp-derived Delta-8. At 60mg per smoke and pre-roll, Indiana Summers has the highest potency of hemp-derived Delta-8 possible.
Smoking hemp can be an efficient and enjoyable way to experience hemp-derived Delta-8, CBD, and CBG. Research shows that by inhaling, the bloodstream absorbs cannabinoids much faster than by eating an edible, applying creams to the skin, or placing oils under the tongue.
Every individual is unique and may respond differently to Delta-8, CBD, CBG, and the other cannabinoids in the hemp flower. Results can vary based on the product size and serving, as well as on a person’s individual endocannabinoid system. We recommend consulting with your healthcare provider before consuming hemp products.
Like Delta-8 and CBD, Cannabigerol (CBG) is a type of cannabinoid naturally present in the hemp plant. CBG, commonly referred to as “the mother of all cannabinoids,” is often associated with calming properties and mental clarity.
Indiana Summers products use only the highest grade pure CBG flower. To give you the smoothest smoke experience, our hand-selected premium blend includes a proprietary CBG hemp flower strain with elevated quantities of CBG and other cannabinoids.
Cannabidiol, or CBD for short, is one of the many cannabinoids found in the hemp plant. This naturally occurring compound does not product intoxicating effects. All Indiana Summers products contain hemp-derived CBD.
Hemp is a class of the Cannabis sativa plant that has been used by humans over the last 10,000 years for a variety of purposes. Often referred to as industrial hemp, this versatile plant provides oils, protein, fibers, and flowers used for smoking and eating, as well as for making clothing, textiles, paper, rope, fuel, feedstock, biodegradable building materials, and many other goods.
Hemp contains many natural cannabinoids, such as Delta-8, CBD, and CBG. Unlike marijuana, which is high in Delta-9 THC and low in CBD, hemp is low in Delta-9 THC and high in CBD and other cannabinoids.
LAST REVISED ON: March 27, 2023
The website located at www.indianasummers.com (the “Site”) is a copyrighted work belonging to Math Ops LLC d/b/a Indiana Summers, and its affiliates (collectively, the “Company”, “us”, “our”, and “we”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
THESE TERMS OF USE (THESE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 21 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.
Please be aware that section 11.2 of these terms contains provisions governing how disputes that you and we have against each other are resolved, including, without limitation, any disputes that arose or were asserted prior to the effective date of your acceptance of these terms. In particular, it contains an arbitration agreement which will, with limited exceptions, require disputes between us to be submitted to binding and final arbitration. Unless you opt out of the arbitration agreement: (1) you will only be permitted to pursue disputes or claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and (2) you are waiving your right to pursue disputes or claims and seek relief in a court of law and to have a jury trial.
1.1. Account Creation. In order to use certain features of the Site, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. Company may suspend or terminate your Account in accordance with Section 8.
1.2. Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2.1. License. Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use.
2.2. Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
2.3. Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
2.4. No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site.
2.5. Ownership. Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
2.6. Feedback. If you provide Company with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
2.7. Age Verification. By accepting the Terms and Conditions you are verifying that you are twenty-one (21) years of age or older and legally capable to form a binding contract with Indiana Summers. You agree that you will not distribute our products or services to any person under twenty-one (21) years of age. Indiana Summers products are not for use by or sale to persons under the legal age for consuming hemp, Delta-8, and/or CBD products pursuant to the laws of the state or territory in which you reside. You agree that you are of a legal age to purchase and consume hemp, Delta-8, and/or CBD products pursuant to the laws of the state or territory in which you reside.
3.1. User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Site (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 3.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Since you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
3.2. License. You hereby grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
3.3. Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
(a) You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable, (iii) that is harmful to minors in any way, or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
3.4. Enforcement. We reserve the right (but have no obligation) to review, refuse and/or remove any User Content in our sole discretion, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.
You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
5.1. Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
5.2. Other Users. Each Site user is solely responsible for any and all of its own User Content. Since we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, appropriateness, or quality of any User Content. Your interactions with other Site users are solely between you and such users. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
5.3. Release. You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
The site is provided on an “as-is” and “as available” basis, and company (and our suppliers) expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We (and our suppliers) make no warranty that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Except to the extent expressly provided in the following paragraph or to the extent required by applicable law, this Agreement and the relationship between you and Indiana Summers, and all Transactions on the Services shall be governed by the laws of the State of Florida, excluding its conflicts of law provisions. You and Indiana Summers agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Miami-Dade, Florida, to resolve any dispute or claim arising from this Agreement.
Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through 2.6, Section 3 and Sections 4 through 10.
Company respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
11.1. Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
11.2. Dispute Resolution. Please read this Section 11.2 (sometimes referred to herein as this “Arbitration Agreement”) carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
(a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms.
(b) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: 1200 Brickell Avenue, Suite 520, Miami, Florida 33131. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
(c) Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(d) Authority of Arbitrator. The arbitrator shall have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Company. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
(e) Waiver of Jury Trial. YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Company are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 10.2(a) (Applicability of Arbitration Agreement) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. If the arbitration in this Section provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in Miami-Dade, Florida. You hereby accept the exclusive jurisdiction of such court for this purpose. To the extent enforceability of this Agreement requires reference to any state law, the Parties agree such reference shall be to the laws of the State of Florida without regard to conflict of law provisions.
(f) Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of Florida. All other disputes, claims, or requests for relief shall be arbitrated.
(g) 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: 1200 Brickell Avenue, Suite 520, Miami, FL 33131, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Company username (if any), the email address you used to set up your Company account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
(h) Severability. Except as provided in Section 10.2(f) (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
(i) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
(j) Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if Company makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Company at the following address: 1200 Brickell Avenue, Suite 520, Miami, FL 33131.
11.3. Export. The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.
11.4. Disclosures. Company is located at the address in Section 11.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
11.5. Electronic Communications. The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
11.6. Shipping. Most packages are typically shipped from our facility to the address provided in your order within 1-2 business days, but may take longer at any given time, for any given reason. Indiana Summers is not responsible for any delays in shipping including third-party carrier delays beyond our control. All sales are final and non-refundable.
11.7. Package Insurance; Lost, Stolen, & Damaged Packages. Indiana Summers offers a low cost shipping insurance provider, Route, on its Site. This insurance is optional. Only orders placed with shipping insurance will be covered by the insurance provider for any lost, stolen, or damaged items at the insurance company’s discretion. You are responsible for filing a claim in the event one is needed. Should you choose to opt-out and not purchase the shipping insurance, you are responsible for filing a claim with USPS or UPS. If you did opt-in to the shipping insurance and you are experiencing an issue with the shipment or delivery of your order, please contact the shipping insurance company for further instruction. For Route shipping insurance, you can contact them at claims.route.com or through the Route app. Indiana Summers is not responsible for any lost, stolen, delayed, missing, or damaged items once it leaves our facility and/or has been delivered to the third party shipping carrier.
11.8. Cancellation, Returns, & Refunds. We are unable to accommodate any order returns, refund requests, or cancellation requests after the order has been processed. In general, no orders can be canceled and no cancellations are guaranteed. We can try to accommodate a request, but we cannot guarantee we will be able to accommodate your request, before the package is shipped to you. This policy includes cancellations for any reason, as well as requests for changes in shipping addresses. If a package is not delivered due to an inaccurate address provided by the customer at the time of purchase, Indiana Summers is not responsible for a replacement, refund, or credit. While we will try to accommodate any requests we receive, if we are unable to cancel your order, you will need to mail back the unopened product, in perfect condition, at your own expense, in order to get a refund. If a package was shipped to a wrong address input by you at checkout, it is up to you to retrieve the package and return the unopened product, in perfect condition, back to us before you can get a refund.
11.9. Subscription Services. Customers residing in the 50 United States and the District of Columbia (“United States”) where state laws permit may subscribe to receive Indiana Summers products on a Bi-Monthly or Monthly basis. This includes subscriptions at the product level. Indiana Summers offers different recurring payment options to subscribe to products: (1) an automatically billed every two weeks subscription (“Bi-Monthly Subscription”), and (2) an automatically billed monthly subscription (“Monthly Subscription”). By purchasing a Bi-Weekly or Monthly Subscription, you agree to an initial and recurring Bi-Weekly or Monthly Subscription fee at the then-current Bi-Weekly or Monthly Subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription. You may cancel your Bi-Weekly or Monthly Subscription at any time, subject to the terms of our cancellation policy.
AUTOMATIC RENEWAL TERMS: Once you subscribe, Indiana Summers will automatically process your Bi-Weekly or Monthly Subscription fee in the next billing cycle. Indiana Summers will continue to automatically process your Bi-Weekly or Monthly Subscription fee every 2nd week or 4th week at the then-current Bi-Weekly or Monthly Subscription rate, until you cancel your subscription.
Subscription Cancellation Policy. You may cancel your Monthly Subscription at any time by logging into your account, clicking on My Account → Subscriptions→ View → Cancel, and following the cancellation procedures described there. If you need help, feel free to contact us using our Contact page or our contact information listed in section 11.12. If you are unable to cancel by logging into your account, please contact us. If you cancel your Monthly Subscription two weeks before the next billing cycle, the cancellation will take effect before your next monthly billing cycle. If you cancel with less than two weeks left before the billing cycle, you will not be eligible for a refund for monthly subscription fees paid prior to the month the cancellation takes effect. Subscription fees are non-refundable. You may cancel your Subscription renewal at any time after you are billed for the then-current period and before you are billed for the next billing cycle, by logging into your account, and following the instructions provided above.
11.10. Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
11.11. Copyright/Trademark Information. Copyright © 2023 Indiana Summers. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
11.12. Contact Information:
Indiana Summers
Address:
1200 Brickell Avenue
Suite 520
Miami, Florida 33131
Telephone: (305) 900-2799
Email: [email protected]
Last Updated: November 2, 2022
This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.
We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of this Privacy Policy:
Types of Data Collected:
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
We may collect Personal data that is associated with Your Third-Party Social Media Service’s account, such as Your name, Your email address, Your activities or Your contact list associated with that account.
You may also have the option of sharing additional information with the Company through Your Third-Party Social Media Service’s account. If You choose to provide such information and Personal Data, during registration or otherwise, You are giving the Company permission to use, share, and store it in a manner consistent with this Privacy Policy.
We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. These technologies help Us to better understand user behavior including for security and fraud prevention purposes, tell Us which parts of Our websites people have visited, and facilitate and measure the effectiveness of advertisements and web searches.
Communications Cookies. These cookies are used to enable network traffic to and from Our systems, including by helping Us detect any errors.
Necessary Cookies. These Cookies are set as required to provide a specific feature or service that You have accessed or requested. For example, they allow Us to display Our websites in the proper format and language, to authenticate and verify Your transactions, and to preserve the contents of Your Cart when shopping online at indianasummers.com. They also help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Other Cookies. These Cookies are used to understand how visitors interact with Our websites and online services, including by helping Us to assess the effectiveness of advertisements and web searches. We also use these Cookies to remember choices You make while browsing, so We can provide You with a customized experience.
In addition to cookies, We may use other technologies that help Us achieve similar objectives. In some email messages We sends to You, We provide a “click-through URL” that links You to content on the Indiana Summers website. When You click one of these URLs, they pass through a separate server before arriving at the destination page on Our website. We track this click-through to help Us determine interest in particular topics and measure whether We are communicating with You effectively. If You prefer not to be tracked in this way, You should not click graphic or text links in email messages.
The Company may use Personal Data for the following purposes:
To provide and maintain our Service, including to monitor the usage of our Service.
To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
To manage Your requests: To attend and manage Your requests to Us.
For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.
If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.
Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Changes to this Privacy Policy
We may update Our Privacy Policy from time to time for any reason. We will notify You of any changes by posting the new Privacy Policy on this page and we will change the “Last Updated” date above. You should consult this Privacy Policy regularly for any changes.
If you have any questions about this Privacy Policy, You can contact us:
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