Terms of service

PUBLIC HEMP CO. LLC

TERMS OF SERVICE

Last Updated: January 2026

These Terms of Service (“Terms”) govern your access to and use of the websites, portals, online stores, and services operated by Public Hemp Co. LLC, an Oregon limited liability company (“Public Hemp,” “we,” “us,” or “our”), including without limitation PublicHempMfg.com and any associated subdomains, applications, or integrations (collectively, the “Site”).

By accessing the Site, purchasing products, placing manufacturing orders, or using any fulfillment or shipping services, you agree to be bound by these Terms.

1. Definitions

  • “Client” means any individual or entity purchasing products or services from Public Hemp.
  • “Content” means all information, data, text, images, graphics, software, and materials made available on the Site.
  • “Manufacturing Services” means blending, filling, capping, labeling, packaging, assembly, or other manufacturing activities performed by Public Hemp.
  • “Fulfillment Services” means order handling, pick/pack, label printing, and shipment tendering using Client-provided shipping labels or carrier accounts.
  • “JIT Manufacturing” means just-in-time production based on Client forecasts, reorder points, or inventory thresholds.
  • “You” means you individually and any entity you represent.

2. Eligibility and Authority

You represent that:

  • you are at least 18 years old.
  • you have authority to bind the entity you represent.
  • all information you provide is accurate and complete.

3. Scope of Services

3.1 Online Store Purchases

Products offered for sale through the Site are subject to availability and acceptance by Public Hemp. We reserve the right to refuse or cancel any order at our sole discretion, including for compliance, capacity, or operational reasons.

3.2 Manufacturing Services

Manufacturing Services may be offered pursuant to:

  • online purchase,
  • written quotation,
  • Just-In-Time Manufacturing arrangement,
  • or separate written agreement.

Public Hemp is a contract manufacturer, not the brand owner, unless expressly stated in writing.

3.3 Fulfillment and Shipping Services

Public Hemp provides fulfillment services only and is not a carrier or freight forwarder.

  • Shipping labels are generated through ShipStation using Client-provided carrier accounts or shipping credentials synced from Client storefronts (e.g., Shopify).
  • Public Hemp does not set shipping rates, delivery commitments, transit times, or carrier insurance terms.
  • Once a shipment is tendered to the carrier, risk of loss transfers to Client, subject to carrier terms.

4. Prohibited Uses

In addition to any other prohibitions set forth in these Terms, you are prohibited from using the Site, Services, or any Content, directly or indirectly:

(a) for any unlawful purpose or in violation of any applicable international, federal, state, provincial, or local laws, regulations, rules, or ordinances, including without limitation laws governing hemp, cannabinoids, cosmetics, food, labeling, advertising, shipping, export controls, or consumer protection;

(b) to solicit others to perform or participate in any unlawful acts;

(c) to infringe upon or violate the intellectual property rights, proprietary rights, privacy rights, or other legal rights of Public Hemp or any third party;

(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, threaten, or discriminate against any individual or group based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or any other protected characteristic;

(e) to submit false, misleading, incomplete, or inaccurate information, including without limitation order details, shipping information, forecasts, regulatory representations, payment information, or account data;

(f) to upload, transmit, distribute, or introduce any viruses, malware, worms, trojan horses, ransomware, or other malicious or destructive code that may affect the functionality or operation of the Site, Services, third-party platforms, carriers, or the Internet;

(g) to collect, harvest, monitor, or track the personal information of others without proper authorization or in violation of applicable privacy laws;

(h) to engage in spam, phishing, pharming, pretexting, scraping, crawling, spidering, or other automated or manual data extraction activities without Public Hemp’s prior written consent;

(i) to interfere with, disrupt, overload, or circumvent the security features, access controls, authentication mechanisms, or operational integrity of the Site, Services, or any related systems, platforms, or networks;

(j) for any obscene, immoral, deceptive, or fraudulent purpose;

(k) to reproduce, duplicate, copy, sell, resell, sublicense, assign, or exploit any portion of the Site, Services, or Content without Public Hemp’s express written authorization;

(l) to use the Site or Services to prepare, process, or manage shipments or manufacturing activities for the benefit of third parties, resellers, or unrelated entities without Public Hemp’s prior written approval;

(m) to misrepresent the nature of Public Hemp’s role as a contract manufacturer or fulfillment provider, including representing Public Hemp as the brand owner, carrier, freight forwarder, or regulatory authority;

(n) to engage in any activity that could reasonably expose Public Hemp to regulatory enforcement, civil liability, reputational harm, or operational disruption.

Public Hemp reserves the right to immediately suspend or terminate your access to the Site or Services, without notice, for any violation of this Section or any other provision of these Terms.

5. Pricing; Quotes; Changes

All prices, quotes, and estimates are subject to change without notice unless expressly locked in writing.

Quotes expire if not accepted within the stated timeframe. Courtesy shipping or cost estimators are non-binding estimates only.

6. Manufacturing Terms (Critical)

6.1 Forecasts and JIT Manufacturing

If you elect Just-In-Time Manufacturing, you agree to provide one or more of the following, as applicable:

  • rolling production forecasts,
  • reorder triggers or minimum on-hand inventory thresholds, and/or
  • minimum production or purchase commitments.

All forecasts are estimates only and not guarantees. Public Hemp shall not be liable for stock-outs, production delays, or missed reorder points resulting from inaccurate or incomplete forecasts, delayed approvals, regulatory holds, supply-chain disruptions, or upstream material or packaging shortages.

Discontinuation / End-of-Production Responsibility.
If you notify Public Hemp, or Public Hemp notifies you, in writing that a product, SKU, formulation, packaging configuration, or manufacturing program will be discontinued, paused indefinitely, or will no longer be produced for any reason, you agree to purchase all remaining finished goods, work-in-process, and Client-specific raw materials or components held or committed by Public Hemp for that product as of the effective date of such notice, at the then-applicable contracted or quoted pricing, plus any applicable storage, handling, shipping, or disposal fees. This obligation applies regardless of whether discontinuation results from changes in demand, forecasting, regulatory or compliance requirements, supply constraints, or operational feasibility.

Failure to Take Delivery / Disposal Authorization.
If you fail to provide written shipping instructions, arrange pickup, or remit payment for the remaining finished goods, work-in-process, or Client-specific materials within thirty (30) calendar days following notice of discontinuation or end-of-production, such failure shall constitute irrevocable authorization for Public Hemp, at its sole discretion, to dispose of, destroy, recycle, or otherwise handle such goods or materials in a commercially reasonable manner. All costs and expenses associated with storage, handling, disposal, or destruction shall be borne by you, and Public Hemp shall have no further liability with respect to such goods or materials.

6.2 Lead Times

Manufacturing lead times are estimates and may vary based on:

  • raw material availability,
  • packaging availability,
  • regulatory or compliance requirements,
  • capacity constraints.

6.3 Overruns and Underruns

Due to manufacturing realities:

  • final production quantities may vary by ±5–10% unless otherwise agreed;
  • underruns do not constitute breach;
  • overruns may be invoiced or held at Client’s instruction.

6.4 Materials Ownership

Unless otherwise agreed:

  • Client-supplied materials remain Client property;
  • Public Hemp is not responsible for defects in Client-supplied components;
  • unused materials may be held, returned, or disposed of at Client’s cost.

6.5 Regulatory Responsibility

Client is solely responsible for:

  • label content and claims;
  • product legality in target markets;
  • compliance with FDA, USDA, FTC, ODA, state hemp laws, and international regulations.

Public Hemp does not provide legal or regulatory advice.

7. Fulfillment and Shipping Terms

7.1 Carrier and Label Responsibility

All shipments are governed by the carrier’s terms of carriage, not these Terms.

Public Hemp:

  • prints labels via ShipStation;
  • tenders packages to carriers;
  • does not guarantee delivery dates, transit times, or carrier performance.

7.2 Insurance

Carrier insurance or declared value coverage is governed solely by the carrier. Any default coverage (e.g., $100) is subject to carrier rules and exclusions.

7.3 Holding Period

Finished goods or inbound materials may be held for up to 30 days unless otherwise agreed. Storage fees may apply thereafter.

8. User Submissions; Reviews

Any feedback, suggestions, or submissions may be used by Public Hemp without restriction.

Customer reviews are opinions only. No medical or health claims are endorsed.

9. Intellectual Property

All Site content, including without limitation software, text, graphics, interfaces, photographs, videos, workflows, documentation, and other materials made available by Public Hemp (collectively, “Public Hemp Content”) is owned by or licensed to Public Hemp and is protected by applicable intellectual property laws. No rights are granted to you in Public Hemp Content except as expressly necessary to access and use the Site and Services for their intended purposes.

Client Intellectual Property.
All trademarks, logos, brand names, trade dress, label artwork, packaging designs, marketing materials, product formulations (to the extent owned by the Client), and other intellectual property supplied or designated by you in connection with the purchase, manufacturing, packaging, or fulfillment of your products (collectively, “Client IP”) shall remain the exclusive property of the Client or its respective licensors. Public Hemp does not claim any ownership interest in Client IP.

Limited License to Use Client IP.
You grant Public Hemp a non-exclusive, royalty-free, revocable, limited license to use Client IP solely as necessary to perform the Services requested by you, including manufacturing, labeling, packaging, fulfillment, quality control, regulatory recordkeeping, and internal operational documentation. Public Hemp shall not use Client IP for marketing, promotional, or resale purposes without your prior written consent.

Client Representations and Indemnity.
You represent and warrant that you own or have obtained all rights, licenses, and permissions necessary for Public Hemp to use the Client IP as contemplated by these Terms. You agree to defend, indemnify, and hold harmless Public Hemp from any claims, damages, or expenses arising from allegations that the Client IP infringes or misappropriates the intellectual property or other rights of any third party.

Public Hemp Know-How and Manufacturing Processes.
Notwithstanding anything to the contrary, all manufacturing processes, methods, techniques, workflows, quality systems, batch records, templates, standard operating procedures (SOPs), tooling, equipment configurations, process improvements, compliance documentation frameworks, and other operational or technical know-how developed, used, or refined by Public Hemp in the course of providing the Services (collectively, “Public Hemp Know-How”) shall remain the sole and exclusive property of Public Hemp. Nothing in these Terms shall be construed to grant the Client any ownership interest in or license to Public Hemp Know-How, except as implicitly necessary for the receipt of the Services.

10. Third-Party Platforms and Tools

The Site integrates with third-party platforms (e.g., Shopify, ShipStation, MRPeasy, carriers). Public Hemp is not responsible for third-party system outages, errors, or policy changes.

11. Export Controls and Sanctions

You are responsible for compliance with all U.S. and foreign export, import, and sanctions laws. You represent that you are not a restricted or sanctioned party.

12. Disclaimers

THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

PUBLIC HEMP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PUBLIC HEMP SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES, OR BUSINESS INTERRUPTION.

TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID TO PUBLIC HEMP FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM IN THE THREE (3) MONTHS PRECEDING THE EVENT.

14. Indemnification

You agree to defend, indemnify, and hold harmless Public Hemp and its members, officers, employees, and agents from any claims arising from:

  • your products, labels, or claims.
  • regulatory violations.
  • shipment errors caused by your data.
  • misuse of the Site or Services.

15. Termination

Public Hemp may suspend or terminate access at any time for breach, risk, or operational necessity. Payment obligations survive termination.

16. Force Majeure

Public Hemp is not liable for delays or failures caused by events beyond reasonable control, including supply chain disruptions, regulatory actions, or carrier delays.

17. MANDATORY ARBITRATION AND CLASS ACTION WAIVER

17.1 Arbitration

Any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

Arbitration shall take place in Crook County, Oregon, unless otherwise agreed.

17.2 Class Action Waiver

YOU AND PUBLIC HEMP AGREE THAT ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY.
YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

18. Governing Law and Venue

These Terms are governed by the laws of the State of Oregon, without regard to conflict-of-law principles.

19. Entire Agreement; Order of Precedence

These Terms constitute the entire agreement regarding Site use. Any separate written manufacturing or services agreement controls the extent of conflict.

20. Contact

Questions regarding these Terms should be directed to:
info@PublicHempMfg.com