Welcome to the authenticbotanicals.com website (the “Site”). Authentic Botanicals LLC provides services to you subject to the notices, terms, and conditions set forth in this agreement (the “Agreement”). In addition, when you use any of our services (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. We reserve the right to change this Site and these terms and conditions at any time. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
USE OF SITE
You represent and warrant that you are at least 18 years old.
You are subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Content provided on this site is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health related condition. Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect our opinions. Product representations expressed on this Site are that of the vendor and are not made by us.
When you use the Site, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site or through our other services. You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirements that such communications be in writing.
REVIEWS AND COMMENTS
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, e-mail, and suggestions (collectively, “Submissions”) is and will be treated as nonconfidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party.
You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove any Submissions (including comments or reviews) for any reason.
All text, graphics, button icons, images, audio clips, and software (collectively, “Content”), belongs exclusively to Authentic Botanicals LLC, or its affiliates. The collection, arrangement, and assembly of all Content on this Site (the “Compilation”) belongs exclusively to Authentic Botanicals or its affiliates. All software used on this Site (the “Software”) is the property of Authentic Botanicals LLC its affiliates or its Software suppliers. The Content, AUTHENTIC BOTANICALS, logos, slogans, trade names or words are property of and subject to becoming a registered trademark(s), trademarks or service marks of Authentic Botanicals LLC, its affiliates, suppliers, or third parties.
The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.
RETURNS; RISK OF LOSS; OTHER TERMS OF SALE; SHIPPING
The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier pursuant to our standard terms of sale. Items may be returned within 30 days of ordering. No items shall be returned without authorization by a team member of Authentic Botanicals LLC. Contact us at 509-919-0124 or firstname.lastname@example.org. We do not take title to returned items until the item arrives at our fulfillment center or other pre-determined location.
At our discretion, we may send a new item to replace the one at issue. We may also send a refund without requiring a return. In this situation, we do not take title to the refunded item and is not allowed to be used for any reason. Furthermore, it (the item) must be destroyed by the purchaser immediately.
You are limited to one return or exchange per customer unless otherwise approved. We do not take returns based on taste. We typically process approved return/refund requests within 1-2 business days.
If your product was purchased through an Authentic Botanicals LLC distributor or retailer, you will need to go back to your original purchase location for any return or exchange.
We utilize United States Postal Service (USPS) as our primary shipping service. Upon payment being completed, we start packaging your order as quickly as possible. We are held to shipping drop offs to business hours of the USPS which will sometime force the submission of your package to USPS the following day. The expected USPS delivery time frame is two to three days. Tracking information is provided to you so you know where your package is and when to expect delivery.
If you need expedited shipping you must contact us at 509-919-1204 or email@example.com to help us understand the situation and meet your shipping needs. We may also, at our own discretion, upgrade your shipping to a faster delivery or utilize a different vendor (e.g. UPS or international shipper) to complete the delivery.
In the event that a package is damaged during transient, it is your responsibility to contact that respective carrier to file a damaged property claim. We do not have any control of any third party delivery service policies and procedures regarding claim decisions. Please contact us and we will do our best to work with you and the carrier to resolve the issue.
Authentic Botanicals LLC uses a third party payment system which is utilized for online payment. By using this service you are agreeing to their processing terms and conditions to make any purchase on this site. We try our best to ensure we partner with the best company possible to work in payment processing. You may receive communication from them regarding your purchase such as, but not limited to: purchase details, etc. However, Authentic Botanicals LLC is not responsible for their misuse of any information provided to them.
If a payment is not successfully settled, due to invalid payment method, declined credit, expiration, insufficient funds or otherwise, we reserve the right to cancel your order. Orders are shipped only after receipt of full payment.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations if/when the product is available to be shipped outside the United States.
All international sales are subject to all applicable U.S. and foreign export controls (including, without limitation, the Export Administration Act of 1979, the Export Administration Regulations promulgated there-under, the U.S. Arms Export Control Act and the International Traffic in Arms Regulations), and by placing an order through this website, you affirm that you will comply with all such applicable export controls and regulations.
You will be the importer or exporter of record and are responsible for all required licenses, permits, and authorizations. Customs and import duties may apply to international sales. Those charges are the responsibility of the recipient of your order and vary from country to country. It is your responsibility to check with the appropriate authorities to verify whether the country to which you are having products delivered permits the importation of those products and whether customs or import duties or similar charges will apply. Authentic Botanicals is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.
DISCLAIMER AND LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON AN “AS IS” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE EXCEPT AS PROVIDED HERE TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.
If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge or find another means to resolve the issue at our discretion.
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at firstname.lastname@example.org.
a. Termination of Repeat Infringer Accounts. Authentic Botanicals respects the intellectual property rights of others and requests that the Users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, GRS has adopted and implemented a policy that provides for the termination in appropriate circumstances of Users of the Application who are repeat infringers. Authentic Botanicals LLC may terminate access for participants or Users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
b. DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Applications infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to GRS’s designated registered agent: CT Corporation System, 711 Capitol Way S, Ste 204, Olympia, WA 98501-1267, United States.
i. The date of your notification;
ii. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
iii. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iv. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
v. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or email address;
vi. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vii. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
c. Counter-Notices. If you believe that your User Content that has been removed from the Applications is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
i. Your physical or electronic signature;
ii. A description of the content that has been removed and the location at which the content appeared before it was removed;
iii. A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
iv. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Washington State and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by Authentic Botanicals’ registered agent, Authentic Botanicals LLC may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or User, the removed content may, at Authentic Botanicals LLC discretion, be reinstated on the Applications in 10 to 14 business days or more after receipt of the counter-notice.
You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.
No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
Any dispute or claim not resolved during informal negotiations relating in any way to your use of the Site, or to any products or services sold or distributed by us or through authenticbotanicals.com will be resolved specifically in the State of Washington as described in this section.
To begin a proceeding, you must send a describing your claim to our registered agent: CT Corporation System, 711 Capitol Way S, Ste 204, Olympia, WA 98501-1267, United States.
Waiver of Right to be a Plaintiff or Class Member in a Purported Class Action or Representative Proceeding. You and Authentic Botanicals LLC agree that any arbitration will be limited to the Dispute between Authentic Botanicals LLC and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND AUTHENTIC BOTANICALS LLC ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Authentic Botanicals LLC otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Authentic Botanicals LLC may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The prevailing party in arbitration will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. In any dispute, neither party will assert that the Agreement is invalid due to illegality.
The location of Arbitration will take place exclusively in Seattle, Washington. You and Authentic Botanicals LLC agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the Washington state and Federal courts located in King County have exclusive jurisdiction and you and Authentic Botanicals LLC agree to submit to the personal jurisdiction of such courts. Arbitration shall last no longer than thirty (30) days unless otherwise agreed upon by both parties.
Any dispute or claim not resolved during informal negotiations relating in any way to your use of the Site, or to any products or services sold or distributed by us or through authenticbotanicals.com will be with binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. It is our sole discretion to determine which option to resolve the issue in
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: CT Corporation System, 711 Capitol Way S, Ste 204, Olympia, WA 98501-1267, United States
Arbitration will take place exclusively in Seattle, Washington. You and Authentic Botanicals LLC agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the Washington state and Federal courts located in King County have exclusive jurisdiction and you and Authentic Botancials LLC agree to submit to the personal jurisdiction of such courts. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules) unless the arbitrator determines the claims are frivolous. We will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
FDA AND DRUG TESTING WARNING
Furthermore, be advised studies have shown that consuming hemp foods or oils can cause a positive result when screening urine and blood specimens. Therefore, if you are subject any form of drug testing or screening we recommended (as does the United States Armed Services) that you DO-NOT ingest CBD or hemp oil. Prior to consuming these products please consult with your healthcare practitioner, drug screening testing company or employer
Please send any questions or comments regarding this Site to:
- Authentic Botanicals PO Box 621 Liberty Lake, WA 99019. UNITED STATES