TERMS OF USE
Welcome to the Botanical Organic Products, LLC (“BOP”) website. Please read these terms and conditions carefully. By your use of this website, you agree to be bound by and comply with the terms and conditions below. These terms and conditions are subject to change without notice, from time to time in our sole discretion. We will notify you of amendments to these terms and conditions by posting them to this website. If you do not agree with these terms and conditions, please do not access this website.
Disclaimer of warranty
All content, materials, products, services and information made available on or through this website are provided on an “as is” and “as available” basis, without representations or warranties of any kind, either express or implied.
Limitation of Liability
You agree that, except as otherwise provided under applicable laws, neither BOP nor its affiliates, nor the directors, officers, employees, agents, contractors, successors or assigns of each, shall be liable for any damages whatsoever arising out of or related to the use of, or inability to use, this website or any other website linked to this website. This waiver of liability applies to direct, indirect, incidental, consequential, special, punitive, exemplary or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if BOP is notified in advance of the potential for any such damages and regardless of the form of action, whether in contract, tort, warranty, strict liability or otherwise.
Trademarks and Copyrights
You agree that all content appearing on the website including, but not limited to, code, trademarks, service marks, trade names, graphics, images, text, audio clips, button icons, digital downloads, data compilations and computer software, are the sole property of BOP or its partners and suppliers, and protected by United States and International copyright laws. The compilation of all content on this website is the exclusive property of BOP and protected by United States and International copyright laws. All software used on this site is the property of BOP or its software suppliers and protected by United States and international copyright laws. Users are granted permission to browse and use the BOP website for its intended purpose, which is for your retail use only as a consumer. Any other use, including and not limited to the reproduction, duplication, modification, distribution, sale, transmission, republication, removal, deletion, addition, framing, display, or performance of the content on this website or the exploitation in any other manner of any of the content of this website, in part or in whole, is strictly prohibited. Except as expressly authorized in writing, the use or misuse of any trademarks, service marks, trade names, logos, text, images, graphics, intellectual property or content from this website is strictly prohibited.
BOP does not grant, by implication or otherwise, any license or right to use any trademark, service mark, trade name or logo, or the content displayed on this website, without the prior written consent of BOP. BOP prohibits use of the BOP logo or other proprietary graphic or trademark as a link to any website unless creating such a link is approved in advance by BOP in writing. Registered and unregistered proprietary information is owned and held by BOP and its licensors and therefore, you may be liable for infringement or misappropriation or other legal action to the fullest extent of the law if you misuse this website in any form either mentioned or unmentioned.
Botanicalorganicproducts.com and Botanical Organic Products®, LLC are trademarks, registered trademarks or trade dress of BOP in the United States and/or other countries. BOP’s trademarks and trade dress may not be used in connection with any product or service that is not BOP’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BOP. All other trademarks not owned by BOP that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BOP.
Third party websites
You agree that BOP encourages you to exercise discretion browsing the Internet. Our website, products or services may direct you to sites containing information that some people may find offensive or inappropriate. Any such link is provided solely as a convenience to you. BOP and its affiliates make no representation or warranty about the legality of any third party website. Any such website is independent from BOP, and BOP has no control over, or responsibility with respect to, the information provided or activities undertaken by any such website. A link between BOP and another website further does not mean that BOP endorses, recommends, sponsors or approves that website. Linking to off-site pages is done at your own risk, requiring you to make your own independent decisions regarding your interactions or communications with any other website. BOP expressly disclaims any responsibility or liability for any damage, loss, or injury arising out of the activities of any third party, the goods or services offered or the content displayed by any of such third party not under the BOP domain.
Use restrictions
This website is for your personal, non-commercial use only. You agree that you will not use this website for any commercial or political purpose including, but not limited to, advertising, soliciting funds, collecting product prices or selling products; to monitor, gather or copy content on this website by using any robot, “bot”, spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; to frame or utilize framing techniques to enclose any trademark or other proprietary information including, but not limited to, any images, text, or page layout; use any meta tags or any other “hidden text” utilizing BOP’s name or any trademarks; to engage in any activity that interferes with a user’s access to this website or the proper operation of this website. You may not modify, reproduce, duplicate, copy, distribute, sell, resell, publish, license, visit or otherwise exploit this website for any commercial purpose. You also agree that in using this website, you will not impersonate any person or entity.
Unlawful conduct
You agree that you are prohibited from posting or transmitting to the BOP website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under the law, as well as anything in contravention of these terms and conditions. BOP reserves the right to seek all remedies available at law and in equity for violations of these terms and conditions, including the right to block access from a particular internet address to this website.
Termination of use of this website
You agree that any unauthorized use of this website, content materials and intellectual property or any fraudulent, abusive or otherwise illegal activity shall be grounds for termination of your right to access, browse and use this website. BOP reserves the right to terminate or suspend your access to this website and its content and use at any time, with or without notice at BOP’s discretion.
Product descriptions
BOP attempts to be as accurate as possible. However, BOP does not warrant that product descriptions or other content of this website is accurate, complete, reliable, current or error free. If a product offered by BOP is not as described, your sole remedy is to return it in unused condition.
Limited availability and price
In the event a product or service is listed at an incorrect price due to a typographical error or an error in pricing information received from our suppliers, BOP shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. BOP shall have the right to limit the number of items purchased through this website. BOP shall have the right to refuse or cancel any order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, BOP shall immediately issue a credit to your credit card account in the amount of the charge.
Revisions
BOP may, in its sole discretion, and with or without notice to you, make changes to, or discontinue, any aspect of this website including, without limitation, any content, products, services or prices offered through this website. BOP shall not be liable to you or any third party should it exercise this right to modify or discontinue the website. BOP also reserves the right to revise the terms and conditions of this website at any time. All revisions are posted on these terms and conditions and will be effective immediately upon its posting. By surfing, using, browsing or purchasing on this website, you are deemed notified and bound by any changes to these terms and conditions. We encourage users to review these terms and conditions each time you visit this website to remain informed of any changes to them.
Electronic communications
When you visit this website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Consent
By accessing, browsing and/or using this website, you acknowledge that you have read, understood and agree to be bound by these terms and conditions, and you agree to comply with all applicable laws and regulations. If you do not agree to these terms, then please do not use this website.
Indemnity
You agree to indemnify, defend and hold harmless BOP, its affiliates, subsidiaries, officers, directors, employees, agents, licensors and licensees from any damages, liabilities, costs and expenses, including reasonable attorneys’ fees, on account of any claim, suit, action, demand or proceeding made or brought against any such party, or on account of the investigation, defense or settlement thereof, arising in connection with your use of this website.
Enforceability and governing law
In the event that any of the terms or provisions of these terms and conditions shall be held by a court of competent jurisdiction to be unenforceable, then such terms or provisions shall be construed, as nearly as possible, to reflect the intentions of the parties with the other terms and provisions remaining in full force and effect.
Your access to and use of the website, and these terms and conditions are governed and construed in accordance with the laws of the state of California, without regard to its conflicts of law provisions. Any action against BOP arising from or relating to your access to and use of the website and the provisions of these terms and conditions must be brought by you exclusively in the state or federal courts located in California. You consent to the exclusive personal jurisdiction and venue of the state and federal courts located within the state of California for the adjudication of all claims by BOP against you arising from or relating to your access to and use of the website and the provisions of these terms and conditions.
BOP’s failure to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by BOP in writing. You acknowledge and agree that you will not seek to litigate any claims against BOP or any of its affiliates on a class action or representative party basis and that you shall pursue such claims solely on an individual basis.
Your representations
You represent that you are 18 years of age or older and that you are not under any legal or other disability which limits your ability to comply with these terms and conditions.