Terms of service

Last updated: September 27, 2025

Welcome to HempXotic! These Terms and Conditions (“Terms”) govern your use of the website www.HempXotic.com (the “Website”) and the purchase of any products (“Products”) from HX RETAIL LLC (“HempXotic,” “we,” “us,” or “our”).

By accessing or using our Website, creating an account, or purchasing our Products, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to all of these Terms, do not use this Website.

1. Website Eligibility and Age Restriction
YOU MUST BE 21 YEARS OF AGE OR OLDER TO ACCESS THIS WEBSITE AND PURCHASE OUR PRODUCTS. By using this Website, you represent and warrant that you are at least 21 years old and that you are legally able to enter into this agreement. We do not sell to minors and reserve the right to cancel any order if we suspect the purchaser is under 21.

1A. Age Verification & Refusal of Service
We use reasonable age-verification measures and may cancel or refuse any order if we cannot verify that the purchaser is 21+. We may also refuse, cancel, or limit orders at our sole discretion to comply with law, manage risk, or prevent abuse.

2. FDA & Health Disclaimer
The statements made on this Website regarding our Products have not been evaluated by the Food and Drug Administration (FDA). The efficacy of these Products has not been confirmed by FDA-approved research. Our Products are not intended to diagnose, treat, cure, or prevent any disease. The information on our Website is not a substitute for professional medical advice. You should consult with a healthcare professional before using any hemp-derived product, especially if you are pregnant, nursing, have a medical condition, or are taking medication.

2A. Drug-Testing Disclaimer
Use of hemp-derived products may lead to a positive result on drug screenings. By purchasing, you accept full responsibility for any testing consequences (employment, legal, or otherwise).

3. Legal Compliance and Assumption of Risk
You are responsible for knowing and obeying the laws of your jurisdiction regarding the purchase, possession, and use of our Products. We currently do not ship to California or to any jurisdiction where our Products are prohibited. We may cancel any order that, in our judgment, would violate applicable law.
You assume all risks associated with the purchase and use of our Products, including any legal, financial, or employment-related consequences.

4. Orders, Payment, and Cancellation
Order Acceptance. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or product descriptions, or suspected fraudulent activity.
Payment. You agree to provide current, complete, and accurate purchase and account information for all purchases. All payments are processed through secure third-party payment processors.
Cancellation Policy. We process orders quickly. While we will attempt to accommodate cancellation requests, cancellation is not guaranteed. Once an order has been shipped, it cannot be canceled. If you wish to request a cancellation, contact us immediately at help@hempxotic.com. If we cannot cancel your order, you may return the unopened product in accordance with our return policy (if applicable), at your own expense.
Incorrect Address. If a package is not delivered due to an incorrect address provided by you, we are not liable for any replacement, refund, or credit. It is your responsibility to retrieve the package.
Fraud and Chargebacks. We investigate suspected fraud and may block or cancel accounts engaged in abusive or fraudulent disputes. If you believe a charge is incorrect, contact us first at help@hempxotic.com so we can resolve it quickly. We reserve the right to pursue available remedies for fraudulent chargebacks.
Taxes & Fees. Prices shown exclude applicable taxes, duties, and fees unless stated otherwise. We collect and remit taxes where required; you are responsible for any additional taxes, duties, or fees imposed by your jurisdiction.

5. Shipping Policy
We ship within the United States to states where our products are legal. Orders are typically processed in 1–2 business days and shipped via USPS Standard Mail, which may take an additional 4–7 business days to arrive. Delays may occur due to holidays, weather, or carrier issues. Orders are shipped in discreet packaging to protect your privacy. Risk of loss and title for all Products pass to you upon our delivery to the shipping carrier.
Restricted Destinations. We do not ship to California or to any location where our Products are prohibited by law.
Signature / Delivery Confirmation. For certain orders and destinations, we may require adult signature or delivery confirmation. We are not responsible for delays or failures caused by carriers, weather, natural disasters, or regulatory holds.

6. Prohibited Conduct
You agree not to use this Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, or laws; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; or (h) to collect or track the personal information of others.

7. Intellectual Property
All content on this Website, including text, graphics, logos, images, and software, is the property of HX RETAIL LLC or its content suppliers and is protected by United States and international copyright laws. You may not reproduce, duplicate, copy, sell, or exploit any portion of the Website or its content without express written permission from us.

8. User-Generated Content
If you post comments, reviews, or other content (“User Content”) on the Website, you grant us a non-exclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, adapt, publish, and display such User Content throughout the world in any media. You represent and warrant that you own or control all rights to the User Content you post and that it is not illegal, obscene, threatening, or defamatory.

8A. Product Information, Potency, and COAs
We endeavor to describe Products accurately; however, non-material variations (including packaging, appearance, aroma, or minor potency differences) may occur between batches. Any Certificates of Analysis (“COAs”) are provided by third-party laboratories and relate to the specific lot tested; results may vary within accepted measurement uncertainty. Storage conditions and time may affect product characteristics.

9. Disclaimer of Warranties
THIS WEBSITE AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HX RETAIL LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, OR OTHER INTANGIBLES, ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE OR PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE WEBSITE OR OUR PRODUCTS IS LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM.

11. Indemnification
You agree to indemnify, defend, and hold harmless HX RETAIL LLC and our affiliates, directors, officers, employees, and agents from any and all claims, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees, arising from or related to your use of the Website, your purchase or use of our Products, or your violation of these Terms.

12. Dispute Resolution; Arbitration; Class-Action Waiver; Governing Law
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.
Informal Resolution First. Before filing a claim, you agree to email us at help@hempxotic.com with a brief written description of the dispute and your contact information so we can try to resolve it informally within 30 days.
Binding Arbitration (Individual Only). Except for (i) claims brought in small-claims court and (ii) claims seeking injunctive relief for intellectual-property misuse or unauthorized access/abuse of the Website, any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or our Products will be resolved by binding individual arbitration under the Federal Arbitration Act (FAA).
Rules & Forum. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitrator may conduct hearings by video or phone if appropriate. Unless you and we agree otherwise, the seat/venue of arbitration is Hamilton County, Ohio.
Fees & Relief. AAA rules will govern fees. If your claim is for $10,000 or less, you may choose a documents-only arbitration. The arbitrator may award the same individualized damages and relief that a court could, including injunctive relief when warranted.
Class-Action and Jury Waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON OR OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL.
Opt-Out. You may opt out of this arbitration agreement within 30 days of your first use of the Website or first purchase by sending an email to help@hempxotic.com with subject “Arbitration Opt-Out,” and your full name, mailing address, and order number (if any). Your opt-out will apply only to you.
Governing Law and Venue. These Terms are governed by Ohio law (without regard to conflict-of-laws rules) and the FAA. For claims excluded from arbitration, the exclusive jurisdiction and venue are the state or federal courts located in Hamilton County, Ohio, and you consent to personal jurisdiction there.
Severability. If the class-action waiver is found unenforceable as to a particular claim or request for relief, then that claim/request must proceed in court, not arbitration. If any other part of this Section is found unenforceable, the remainder will remain in effect.

13. General Provisions
Changes to Terms. We reserve the right to update, change, or replace any part of these Terms at any time by posting updates to our Website. It is your responsibility to check this page periodically for changes.
Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.
Entire Agreement. These Terms and our Privacy Policy constitute the entire agreement between you and HX RETAIL LLC and supersede all prior agreements.

14. Contact & Company Information
HX Retail LLC (d/b/a HempXotic)
Email: help@hempxotic.com
Phone: (513) 515-3877

15. Force Majeure
We are not liable for any delay or failure to perform due to causes beyond our reasonable control, including acts of God, weather, fire, flood, epidemic, war, labor disputes, carrier delays, embargoes, governmental actions, or telecommunications/power failures.

Footer Note
For our Shipping, Refund, and Privacy policies, please see the policy links in the site footer.