Terms of Use and Service

Return and Refund Policy

Southern Tier Hemp, LLC.

Effective Date: June 1, 2019

1. Acceptance of Terms of Use. Southern Tier Hemp, LLC. (“Southern Tier Hemp, LLC.”) provides its online services and Web Site to you, the User, subject to this Terms of Use and Service Agreement (“TOS”). Southern Tier Hemp, LLC. reserves the right to alter the TOS at any time without notice to User. By using the Website web site, located at the URL wwwSoutherntierhemp.com, User agrees to abide by this TOS Agreement.

2. Online Services and Disclaimer of Warranty. The Southern Tier Hemp, LLC. web site provides online resources including, but not limited to, online information regarding Southern Tier Hemp, LLC.’s operations, industry news and products. Any new services, resources or informational content added to the web site shall fall under the terms of this TOS Agreement. The online resources, informational content, and software on this web site is provided “AS IS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT.

3. Southern Tier Hemp, LLC. assumes no responsibility for any data loss or other loss suffered by any User of this web site. User is fully responsible for maintaining its computer equipment and Internet access to use the Southern Tier Hemp, LLC. web site.

4. Certain areas of the Southern Tier Hemp, LLC. web site is provided solely to registered Users of the web site. Any User registering for such services agrees to provide true and accurate information during the registration process. Southern Tier Hemp, LLC. reserves the right to terminate the access of such Users should Southern Tier Hemp, LLC. know, or have reasonable grounds to suspect, that a User has entered false or misleading information during the registration process. ALL REGISTERED USERS MUST BE OF LEGAL AGE TO REGISTER. People under the age of 21 shall not be permitted to register unless under the strict supervision of a legal guardian. Southern Tier Hemp, LLC. reserves the right to require valid credit card information as proof of legal age. Southern Tier Hemp, LLC. maintains strict online Privacy Policy and will not sell or give your information to other parties.

5. User account. Users will be provided a username and password upon completing the registration process. User agrees to immediately notify Southern Tier Hemp, LLC. at info@southerntierhemp.com should User know, or have reasonable grounds to suspect, that the username and password have been compromised. Southern Tier Hemp, LLC. shall not be responsible for User’s failure to abide by this Paragraph.

6. Informational content supplied by Users. User understands that all information, computer files, software, graphics, sound files, and text, whether publicly displayed by User on the Southern Tier Hemp, LLC. web site, or privately transmitted through the Southern Tier Hemp, LLC. web site is the responsibility of the User from which such informational content has originated. User is fully responsible for all informational content that user uploads, posts, e-mails, or transmits using the Southern Tier Hemp, LLC. web site. Southern Tier Hemp, LLC. does not and cannot control the informational content Users transmit through the Southern Tier Hemp, LLC. web site. Under no circumstances shall Southern Tier Hemp, LLC. be held liable for User’s exposure to informational content that User deems offensive, indecent or objectionable. Under no circumstances shall Southern Tier Hemp, LLC. be held liable for any errors or omissions in any informational content transmitted by Users.

7. User conduct. User agrees to not use the Southern Tier Hemp, LLC. web site to:

8. intellectual property of another, or the trade secret of or confidential information of another;

9. Southern Tier Hemp, LLC. does not pre-screen uploaded, posted or transmitted content, but Southern Tier Hemp, LLC. reserves the right to inspect, edit and delete any content that Southern Tier Hemp, LLC. knows, or has reason to know, has violated this TOS Agreement. Southern Tier Hemp, LLC. reserves the right to immediately, and without notice, terminate the account of any User found to have violated the provisions of this TOS Agreement. Southern Tier Hemp, LLC. may disclose any informational content

10. Users post, upload or transmit to the Southern Tier Hemp, LLC. web site, if such disclosure is necessary to enforce this TOS Agreement, to respond to claims of intellectual property infringement, to comply with legal process, or to protect the rights of Southern Tier Hemp, LLC., the public, or other Users.

11. Content submitted by Users. Southern Tier Hemp, LLC. does not claim ownership of any informational content submitted by Users to the Southern Tier Hemp, LLC. web site. User grants Southern Tier Hemp, LLC. a non-exclusive, royalty free license to use, distribute, reproduce, modify, and publicly display any informational content submitted to the Southern Tier Hemp, LLC. web site. This license exists only so long as User allows its content to remain on the Southern Tier Hemp, LLC. web site and will terminate if User removes such content.

12. You agree to indemnify and hold Southern Tier Hemp, LLC., and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

13. No resale. User agrees not to reproduce, copy, duplicate, or sell any portion of the Southern Tier Hemp, LLC. web site.

14. Limits and modifications. Southern Tier Hemp, LLC. may establish without notice limits on the use of its web site, including the maximum number of times Users may post to or participate in the online communities, or to the number of times Users may access the Southern Tier Hemp, LLC. web site. Southern Tier Hemp, LLC. reserves the right to modify all portions of the Southern Tier Hemp, LLC. web site without notice. Under no circumstances shall Southern Tier Hemp, LLC. be liable to User or any other party for such limits or modifications.

15. Termination of User account. Southern Tier Hemp, LLC. may, at its sole discretion, terminate the User’s account for any reason. Under no circumstances shall Southern Tier Hemp, LLC. be liable to User or any other party for such termination of User’s account.

16. Third party advertisers. Southern Tier Hemp, LLC. may allow third party advertisers to advertise on the Southern Tier Hemp, LLC. web site. Southern Tier Hemp, LLC. takes no responsibility for User’s dealings with, including any online or other purchases from, any third-party advertisers. Southern Tier Hemp, LLC. shall not be liable for any loss or damage incurred by User in its dealings with third party advertisers.

17. Hyperlink policy. The Southern Tier Hemp, LLC. website may contain hyperlinks to other Internet sites not under the editorial control of Southern Tier Hemp, LLC. These hyperlinks are not express or implied endorsements or approvals Southern Tier Hemp, LLC., of any products, services or information available from these sites.

18. Southern Tier Hemp, LLC.’s intellectual property rights. User agrees not to distribute, license, or create derivative works from any of Southern Tier Hemp, LLC.’s copyrighted or trademarked material, including graphic files and software, available on the Southern Tier Hemp, LLC. web site.

19. No warranties. THE INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED “AS IS” AND ALL

WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT.

20. Limitation of liability. SOUTHERN TIER HEMP, LLC.’S MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE INFORMATION RECEIVED (IF ANY). SOUTHERN TIER HEMP, LLC. IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, LOSS OF BUSINESS, LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.

21. Notices may be posted to the Southern Tier Hemp, LLC. web site or e-mailed to Users using the e-mail address Users submitted during the registration process.

22. This TOS Agreement constitutes the entire agreement between you and Southern Tier Hemp, LLC. and governs your use of the Southern Tier Hemp, LLC. web site. The laws of the State of New York shall govern this TOS Agreement. The failure of Southern Tier Hemp, LLC. to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of this TOS Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS Agreement remain in full force and effect. Any claim arising under the terms of this TOS Agreement must be brought within one (1) year after such claim or cause of action arose or be forever barred.

23. Please report any known or suspected violations of the Terms of Use and Services, including any suspected copyright or trademark violations, to info@southerntierhemp.com

Return and Refund Policy

At Southern Tier Hemp, LLC we want our customers to feel confident with our products and would like to provide our customers with both a highly satisfactory buying experience and should the need arise, an acceptable return and refund policy. With this in mind we ask you to do the following:

1. Inspect your products carefully upon arrival to ensure that they are not defective or have not been damaged during shipment. Claims for damaged products must be made within 72 hours of receiving the product to contact@southerntierhemp.com. We encourage you to provide details of the damage, including photo proof of damage within that time-frame.
2. If you are not satisfied with our products, you may request a refund. Southern Tier Hemp, at our sole discretion may accept a return of the products for a refund of your full purchase price, less the original shipping and handling costs, provided such return is made within THIRTY (30) days of delivery with valid proof of purchase and provided such products are returned in their original condition. In order to return products, you are asked to email our Returns Department at contact@southerntierhemp.comto obtain a Return Merchandise Authorization (“RMA”) number before shipping your product. No returns of any type will be accepted without an RMA number. The customer is responsible for all shipping charges on returned items and bares the risk of loss during shipment. We strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
3. Returns with an RMA should be shipped to 3G Warehouse, Inc. 565 Broadhollow Rd. Ste.1 Farmingdale, NY 11735. 

(a) Refunds will be processed within approximately FIVE (5) business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON SALE PRODUCTS OR ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.

4. Limited Warranty and Disclaimers for Direct to Consumer Sales.

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH MAY VARY FROM STATE TO STATE.

WE WARRANT THAT DURING THE CONSUMER WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.

WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.

TO THE EXTENT NOT PROHIBITED BY LAW, THIS WARRANTY IS EXLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THIS LIMITED WARRANTY STATEMENT AND TO THE EXTENT NOT PROHIBITED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER THE LAWS OF YOUR JURISDICTION, WE LIMIT THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY.

(a) Products manufactured by a third party (“Third Party Product”) may constitute, contain, be contained in, incorporated into, attached to or packaged together with, the products. Third Party Products are not covered by the warranty in Section 12. For the avoidance of doubt, WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD-PARTY PRODUCT, INCLUDING ANY (i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (iii) WARRANTY OF TITLE; OR (iv) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

(b) Who May Use This Warranty?

This limited warranty extends only to the original consumer who purchased the products from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of any services provided, if any.

THIS LIMITED WARRANTY CONTAINED IN THIS SECTION 4 SHALL ONLY APPLY TO TRANSACTIONS BETWEEN US WITH DIRECT CONSUMERS. ANY TRANSACTION BETWEEN US AND ANY BUSINESS SHALL BE GOVERNED BY THE WARRANTY TERMS CONTAINED WITHIN SECTION 5.

(c) What Does This Warranty Cover?

This limited warranty covers during the Consumer Warranty Period (as defined below) defects in materials and workmanship in products purchased from the Site.

(d) What Does This Warranty Not Cover?

This limited warranty does not cover any damage due to:

(i) Transportation;

(ii) Storage;

(iii) Improper use;

(iv) Failure to follow product instructions;

(v) Modifications;

(vi) Combination or use with any products, materials, processes, systems or other matter not provided or authorized by Southern Tier Hemp, LLC; or

(vii) External causes such as accidents, abuse, or other actions or events beyond our reasonable control.

(e) What is the Period of Coverage?

This limited warranty starts on the date of your purchase and lasts for THIRTY (30) days (the “Consumer Warranty Period”). The Consumer Warranty Period is not extended if we repair or replace a warranted product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.

(f) What Are Your Remedies Under This Warranty?

With respect to any defective products during the Consumer Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products free of charge, or (ii) refund the purchase price of such products.

(g) How Do You Obtain Warranty Service?

To obtain warranty service, you must call or email our Customer Service Department during the Consumer Warranty Period to obtain an Return Merchandise Authorization “RMA” number. No Warranty service will be provided without an RMA number. Once an RMA number is obtained, we will send an e-mail to you within FIVE (5) business days at the e-mail address provided by you upon your purchase of the products describing the means in which we will honor this Limited Warranty.

(h) Limitation of Liability.

THE REMEDIES DESCRIBED IN THIS SECTION 12 ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

(i) What Can You Do if a Dispute Arises with Us?

The informal dispute resolution procedure detailed in Section 16 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.

5. Limited Warranty and Disclaimers for Direct to Business Sales.

(a) We warrant to you, as a business customer or business who resells our Products, that for a period of THIRTY (30) days from the date of shipment (“Business Warranty Period”), the products purchased through the Site will materially conform to our published specifications in effect as of the date of shipment and be free from material defects in material and workmanship.

(b) EXCEPT FOR THE WARRANTIES SET FORTH IN SECTION 13(a), WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS PURCHASED THROUGH THE SITE BY YOUR BUSINESS, INCLUDING ANY (i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (iii)WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALIING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

(c) Products manufactured by a third party (“Third Party Product”) may constitute, contain, be contained in, incorporated into, attached to or packaged together with, the products. Third Party Products are not covered by the warranty in Section 5(a). For the avoidance of doubt, WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD-PARTY PRODUCT, INCLUDING ANY (i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (iii) WARRANTY OF TITLE; OR (iv) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

(d) We shall not be liable for a breach of the warranties set forth in Section 5(a) unless: (i) you give written notice of the defective products, as the case may be, reasonably described, to us within FIVE (5) business days of the time when you discover or ought to have discovered the defect; (ii) if applicable, we are given a reasonable opportunity after receiving the notice of breach of the warranty set forth in Section 5(a) to examine such products and you (if we so request) return such products to our place of business at your cost for the examination to take place there; and (iii) we reasonably verify your claim that the products are defective.

(e) We shall not be liable for a breach of the warranty set forth in Section 5(a) if: (i) you make any further use of such products after you give such notice; (ii) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the products; or (iii) you modify, alter or repair such products without our prior written consent.

(f) Subject to Section 5(d) and Section 5(e) above, with respect to any such products during the Business Warranty Period, we shall, in our sole discretion, either: (i) repair or replace such products (or the defective part) or (ii) credit or refund the amounts paid by you for such products provided that, if we so request, you shall, at your expense, return such products to us.

(g) THE REMEDIES SET FORTH IN SECTION 5(f) SHALL BE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTIES SET FORTH IN SECTION 5(a).

(h) Limitation of Liability.

(i) IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL OR INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

(ii) IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU FOR THE PRODUCTS SOLD THROUGH THE SITE.

6. Dispute Resolution and Binding Arbitration.

(a) YOU AND SOUTHERN TIER HEMP, LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

(b) Mandatory Binding Arbitration.

(i) Any dispute, claim, interpretation, controversy, or issues of public policy arising out of relating to this Agreement, including the determination of the scope or applicability of this Section 16, will be determined exclusively by arbitration held in Syracuse, New York, and will be governed exclusively by New York State Civil Practice Law and Rules, §§ 7501, et seq., and the Federal Arbitration Act, 9 U.S.C. § 1, et seq., (collectively, “Arbitration Laws”)

(ii) The arbitrator will be selected from the roster of arbitrators at American Arbitration Association, in New York, New York (“AAA”), unless You and Southern Tier Hemp, LLC agree otherwise. If You and Southern Tier Hemp, LLC do not agree on the selection of a single arbitrator within ten days after a demand for arbitration is made, then the arbitrator will be selected by AAA from among its available professionals. Arbitration of all disputes and the outcome of the arbitration will remain confidential between You and Southern Tier Hemp, LLC except as necessary to obtain a court judgment on the award or other relief or to engage in collection of the judgment.

(iii) You and Southern Tier Hemp, LLC irrevocably submit to the exclusive jurisdiction of the state courts located in New York, New York, with respect to this Section 16 to compel arbitration, to confirm an arbitration award or order, or to handle court functions permitted under Arbitration Laws. You and Southern Tier Hemp, LLC irrevocably waive defense of an inconvenient forum to the maintenance of any such action or other proceeding. You and Southern Tier Hemp, LLC may seek recognition and enforcement of any New York state court judgment confirming an arbitration award or order in any United States state court or any court outside the United States or its territories having jurisdiction with respect to recognition or enforcement of such judgment.

(iv) You and Southern Tier Hemp, LLC waive any right of removal to the United States federal courts to compel arbitration, to confirm any arbitration award or order, or to seek any aid or assistance of any kind.

(c) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR SOUTHERN TIER HEMP, LLC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.