Terms and Conditions – Last Updated June 23rd, 2017

 

This website is owned and operated by Beyond Botanicals LTD

These Terms and Conditions govern your access to and use of this website including all transactions conducted on or through this website. Please read these Terms and Conditions carefully before using the website.

Further information regarding your use and access of this website is available in our Privacy Policy.

 

Terms of Use

By accessing and using this website, you agree that you have a duty to read these Terms and Conditions, that you have done so, and that you accept the Terms and Conditions without limitation. Further, you accept that you are precluded from using lack of familiarity with the Terms and Conditions as a defense against the Terms contained herein. If you do not agree with any portion of these Terms and Conditions, please do not use the website.

 

Changes

These Terms and Conditions are subject to change at any time. Your use of this website constitutes acknowledgment of and agreement with the current Terms and Conditions. The top of this agreement will always clearly display the most recent revision date for these Terms and Conditions.

 

Access To Site

You must be eighteen (18) years or older to use this website, including to create an account and purchase products on this website. If you are under eighteen (18) years of age, you are not permitted to access this website. By agreeing to the Terms and Conditions and using this website, you acknowledge that you are at least eighteen (18) years of age. Due to the age restrictions for use of this website, no information gathered by the website is governed by the Child Online Privacy Act (COPA).

To complete a purchase on this website, you may be requested to provide certain personal information for registration and order purposes. It is a condition of your use of this site that the information you provide to Beyond Botanicals be true and complete. If you provide inaccurate information, or if Beyond Botanicals has reason to suspect that your information is false or inaccurate, your account may be terminated and future use of the website may be prohibited. All account information is kept secure and subject to the Terms of our Privacy Policy.

You are responsible for all activities conducted on this website using your account, including charges resulting from unauthorized use of your account. You agree to immediately notify Beyond Botanicals of any breach or unauthorized use of your account that you become aware of.

 

Use Of Site

You agree to use this website only for lawful purposes. Harassment of employees or community members in any manner or form is expressly prohibited. Impersonating Beyond Botanicals employees or representatives, or other visitors to the website, is prohibited. You may not post or upload to this website any materials which may be considered abusive, fraudulent, illegal, threatening, or that which is otherwise deemed objectionable. You may not upload commercial content with which to solicit others to any other organization.

Your access to and use of this website is solely for activities permitted by Beyond Botanicals. You may not use it for any other purposes without prior written permission from Beyond Botanicals.

 

Hyperlinks

This website may contain links to third-party websites. Beyond Botanicals provides these links for convenience and does not sponsor or endorse these sites or their content. Beyond Botanicals is not responsible for the content of sites linked to. If you access information on a third-party website, you do so at your own risk.

 

Information Disclaimer

The content on this website is for informational purposes only and is not intended to function in place of the advice of a qualified medical professional. Always seek the guidance of your healthcare provider regarding medical Conditions.

The content is provided “as is” without warranty of any kind, express or implied. Beyond Botanicals makes no representation or warranty whatever in relation to health information on this website.

You must not use information in the content of this website as an alternative to professional medical advice. Never delay seeking or disregard medical advice because of information on this website. As always, consult your healthcare provider before making any lifestyle changes or taking any nutritional supplements.

The content contained in this website has not been evaluated by the Food and Drug Administration. It is not intended to diagnose, treat, cure, or prevent any disease.

Beyond Botanicals and its representatives are not qualified to provide medical advice. The company does not provide medical advice and none should be inferred from any content, suggestions, or testimonials contained on this website or in other Beyond Botanicals materials provided via phone or email correspondence. Content displayed on this website is reflective of the date it is published. Beyond Botanicals does not hold any obligation to update or remove information that is no longer accurate.

 

Copyright – Trademarks

All material contained on this website, including but not limited to code, graphics, logos, photos, and text (Collectively “content”) is protected by copyright, trademark, or other proprietary content right. These rights are valid and protected in all forms. All content is copyrighted as a collective work under United States copyright law and is the property of Beyond Botanicals LTD.

“Beyond Botanicals” and all graphics, icons, and logos are trademarks and/or service marks owned by Beyond Botanicals LTD or an affiliate of Beyond Botanicals LTD unless otherwise indicated.

You are granted permission to copy portions of this site for the sole purpose of ordering or purchasing Beyond Botanicals products. You may display, download, or print content on this website solely for your own non-commercial use. Any other use, including but not limited to reproduction, distribution, display, or transmission of the content on this website is prohibited unless previously authorized in writing by Beyond Botanicals LTD.

If you violate these copyright Terms, your permission to access the content will terminate and you must immediately destroy any copies you possess of any portion of the content.

 

Participation Disclaimer

Beyond Botanicals does not review all communication created by other users accessing the website and is not responsible for the content of these communications. You acknowledge that by providing you access to the site and these materials, Beyond Botanicals does not undertake any liability relating to the communication shared by other users on the site. Beyond Botanicals, in its sole discretion, reserves the right to remove communications which are abusive, fraudulent, illegal, threatening, or which are otherwise deemed objectionable.

 

Indemnity

You agree to indemnify, defend, and hold harmless Beyond Botanicals and its subsidiaries, affiliates, employees, suppliers, and content providers (hereafter, “Indemnified Parties”) from and against any and all costs, damages, expenses, losses and reasonable attorney’s fees resulting from any violation of these Terms and Conditions or any activity related to your account by you or anyone using your account. You also agree to indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising from your use of the content on this website.

 

Limitation on Liability

At no point shall any indemnified parties be liable for actual, consequential, direct, exemplary, incidental, indirect, punitive, special, or other damages, including without limitation loss of revenue or income, profits, value or use, pain and suffering, or similar damages, even if the company has been advise of the possibility of such damages. No entity is authorized by Beyond Botanicals to give any representation, to modify, or to extend the limited warranties provided on this website, or to assume any liability in connection with this website or the products offered by Beyond Botanicals. In no event shall the collective or total liability of the indemnified parties to any party for any claim exceed the price paid for the product which gives rise to such a claim.

Beyond Botanicals shall not under any circumstances be liable for the use of or inability to use materials on the website.

Applicable local law may restrict the use or extent of limitations to liability for damages, so these Terms may not apply in full to you. Regardless, in no event will Beyond Botanicals’ liability for products purchased from this site include the price paid for such products, including any shipping or handling charges.

 

Governing Law

These Terms and Conditions, and your use of this site shall be governed in all respects by the laws of the state of Connecticut, United States of America, without regard to choice of law provisions. You agree that personal jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to this site or these Terms and Conditions (including but not limited to purchase of Beyond Botanicals products) shall be exclusively in the state and federal courts located in Connecticut, and you waive any right to object to the laying of venue in such courts and the right to claim inconvenient forum. Any cause of action or claim you may have with respect to this site (including but not limited to the purchase of Beyond Botanicals products) must be commenced within one year after the claim or cause of action accrues. Beyond Botanicals’ failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions.

If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

 

Local Jurisdiction

Beyond Botanicals makes no representations that its products will be available or appropriate in every jurisdiction in which this site may be accessed. To the best of Beyond Botanicals’ knowledge, it operates legally under both state and federal law in the United States; however, it is impossible for the company to be aware of the laws and regulations of all local jurisdictions relating to industrial-hemp derived products. Beyond Botanicals is not responsible for any potential legal matters which may arise due to such local regulations.

You are solely responsible for compliance with any laws governing the purchase and use of products available through this website. It is your responsibility as the purchaser and/or user, not Beyond Botanicals’, to ascertain and obey all applicable local, state, and federal laws regarding the possession and use of any product offered by Beyond Botanicals. If you are unsure, please contact your local or state authorities before placing an order. By placing an order, you indicate that you understand and agree that it is your sole responsibility as the buyer to determine if industrial-hemp derived products are legal according to the laws that apply to you. You represent and warrant that you have read this disclaimer and that all products purchased will be used in a lawful manner, and that you are of legal age to purchase and use such products.

You understand and agree that the limitations on liability set forth above applies to the foregoing.

 

Warranty Disclaimer

This website, its content, and products offered are provided “as is”, without warranty of any kind, express or implied. Beyond Botanicals warrants that products purchased from this website, at time of shipment, are unadulterated and will contain ingredients specified by the product label.

Beyond Botanicals makes no warranty with respect to products or this website that is not set forth in writing in these Terms and Conditions, and specifically disclaims and excludes, to the fullest extent permitted by applicable law, any and all other representations and warranties of any kind, express or implied, arising by operation of law or otherwise, including but not limited to any implied warranty of merchantability or fitness for a particular purpose. The remedies provided in these Terms and Conditions are exclusive, and Beyond Botanicals expressly and specifically disclaims, and customer irrevocably waives the right to seek, all other remedies.

Beyond Botanicals does not represent or warrant that functions contained in this website will be uninterrupted or error-free, or that this site or the server that hosts it are free of viruses or other harmful components. Beyond Botanicals does not make any warranties or representations regarding the use of materials on this site regarding their correctness, accuracy, or reliability.

Some states restrict the use or extent of limitations or exclusions regarding warranties. The foregoing limitations may not apply in full to you.

 

Notice

Beyond Botanicals may deliver notice to you by means of a post on the website or an email to the contact address you have provided upon registering your account, or by any other method reasonably believed by Beyond Botanicals to be reliable.

 

Prices and Taxes

Prices listed on this website for products or services, unless otherwise noted, are exclusive of shipping charges, and of any applicable value-added sales, use, excise, transfer, transport or other tax, tariff or duty of any sort imposed by any government authority (“Taxes”). Customers are solely responsible for all Taxes payable in connection with the purchase of products or services.

 

Typographical Errors and Inadvertent Errors

If a product is inadvertently posted at an incorrect price, Beyond Botanicals reserves the right to refuse or cancel orders placed at that incorrect price, whether or not the order has been confirmed and charged. If your credit card has been charged for the purchase and your order is canceled, Beyond Botanicals shall issue a credit to your card account in the amount of the incorrect price charged.

 

Product Availability

All purchases made on this website are subject to product availability. Beyond Botanicals reserves the right to limit quantities offered or limit the sales of products to a person, household, region, or jurisdiction. Beyond Botanicals reserves the right to refuse orders outright. If an order is believe fraudulent, Beyond Botanicals reserves the right to cancel the order and notify any relevant authorities.

 

Payment Method

Beyond Botanicals accepts payment by American Express, Discover, Mastercard, and Visa. Charges will appear on your credit card as BeyondBotanicals2037946340. If a payment is not successful due to declined credit, expiration, invalid payment, or insufficient funds, Beyond Botanicals reserves the right to cancel your order. Orders are shipped after receipt of full payment. Where processing fees are applicable, you are solely responsible for these fees. Check with your service provider for more information. Beyond Botanicals’ Terms and Conditions, including, without limitation, the provisions regarding limitation of liability and indemnification, apply with respect to payment methods and payment processing, and Beyond Botanicals is not responsible for any charges, errors, or losses that may result from use of your payment method.

 

Promotional Codes and Coupon Codes

Coupon codes are to be used one at a time. They cannot be used simultaneously. Coupon codes do not apply to bulk, wholesale, or private label pricing.

 

Tetrahydrocannabinol Disclaimer

Beyond Botanicals sells industrial-hemp derived products. Products of this nature often contain naturally occurring trace amounts of tetrahydrocannabinol (THC). In accordance with federal legislation, the THC in Beyond Botanicals products does not exceed 0.3% by weight to comply with federal definitions of industrial hemp. Beyond Botanicals believes it highly unlikely that one would fail a drug test when using products purchased from this website, but that event is not impossible. By agreeing to the Terms and Conditions of this website and ordering Beyond Botanicals products, you understand that failing a drug test is a possibility when using industrial-hemp derived products. You agree that you waive your right to make a claim against Beyond Botanicals for any matters related to any drug test you take, including the loss of employment or employment opportunity or imposition of civil or criminal penalty.

 

Shipping, Delivery, and Returns

See Shipping and Returns