Terms of Service

The following terms and conditions govern all use of the Botanical Products Inc. website and all content, services, and products available at or through the website. Our Services and Products are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Botanical Products Inc’s Privacy Policy) and procedures that may be published from time to time by Botanical Products Inc. (collectively, the "Agreement"). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades. Your agreement is with Botanical Products Inc. of Brampton, Ontario, Canada (each, “Botanical Products Inc.” “us” “our” or “we”). All Products sold are Bulk Botanicals with No Direction of Use. Botanical Products Inc. or employees or anyone one or company acting on behalf of Botanical Products Inc. is Not responsible for use of any products sold by or acting agents or affiliates of Botanical Products Inc.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by Botanical Products Inc. acceptance is expressly limited to these terms.

Our Services are not directed to anyone younger than 18, and access and use of our Services is only offered to users 18 years of age or older. If you are under 18 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older.

 

In no event shall Botanical Products Inc. its parent company, stockholders, owners, and related parties and/or related ownership entities be liable for any special, incidental, or consequential damages, whether purchasers claim in contract, negligence, strict liability, or otherwise. In consideration of the sale of product to buyer, which sales we would not otherwise make, buyer agrees to indemnify and hold www.botanicalproductsinc., Botanical Products Inc., its parent company, stockholders, owners, and related parties harmless from all claims, expenses, losses, and liability of any nature whatsoever arising out of buyers handling and/or use or mis-use of product(s), whether used alone or in combination with any other substance.

Use of our Services requires an account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username or account. You are responsible for keeping your password secure.

1. Prohibited Uses.

When using our services, you agree not to:

            •           Publish or allow to be published material or engage in activity that is illegal under applicable law.

            •           Overburden or allow to be overburdened our systems, as determined by us in our sole discretion.

            •           Disclose or allow to be disclosed the sensitive personal information of others.

            •           Send or allow to be sent spam or bulk unsolicited messages.

            •           Interfere with, disrupt, or attack any service or network.

            •           Distribute or allow to be distributed material that is or enables malware, spyware, adware, or other malicious code.

            •           Publish or allow to be published any piracy, hacking, cracking, phreaking, warez, pyrotechnics, exploitive software or text that educates or encourages this activity and/or use.

            •           Publish or allow to be published any material that is grossly offensive, at the sole discretion of Botanical Products Inc. including but not limited to, the exploitation of children, blatant expressions of bigotry, hatred, harassment, defamation, or invasion of privacy. This includes material that defames, abuses, harasses or threatens any person or group.

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No explicit illegal content will be tolerated, and per our Privacy Policy will be disclosed to relevant law enforcement agencies if found, with or without your consent or knowledge.

2. User Accounts

            •           Your Account
If you sign up for an account with Botanical Products Inc. you are responsible for maintaining the security of your account and password, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You must immediately notify Botanical Products Inc. of any unauthorized uses of your account, or any other breaches of security. Botanical Products Inc. will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

            •           Responsibility of Contributors.
If you comment on a website, post material to a website hosted by Botanical Products Inc. post links on a website hosted by Botanical Products Inc. or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, code or computer software. By using the services provided by Botanical Products Inc. you represent and warrant that:

            •           your Content and conduct do not violate these terms or our Privacy Policy;

            •           the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

            •           if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;

            •           you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

            •           the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

            •           the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

            •           the Content does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;

            •           the Content does not contain unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;

            •           the Content is not presented in a manner that misleads your readers into thinking that you are another person or company. For example, by claiming to be or to represent a name which is the name of a person other than yourself or company other than your own; and

            •           you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Botanical Products Inc. or otherwise.

            •           By submitting Content to Botanical Products Inc. for inclusion on our website, you grant Botanical Products Inc. a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, disseminating and promoting our products and services. This license allows Botanical Products Inc. to make publicly-posted content available to third parties. If you delete Content, Botanical Products Inc. will use reasonable efforts to remove it from our servers, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Botanical Products Inc. has the right (though not the obligation) to, in our sole discretion, (i) reclaim your username due to prolonged inactivity, (ii) refuse or remove any content that, in Botanical Products Inc. reasonable opinion, violates any Botanical Products Inc. policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of our service to any individual or entity for any reason. Botanical Products Inc. will have no obligation to provide a refund of any amounts previously paid.

            •           Changes.
Botanical Products Inc. may in the future offer new services and/or features (including the use of new tools and resources). Such new features and/or services shall be subject to the terms of this Agreement.

            •           Payment and Renewal.

            •           General Terms.
By signing up for membership you agree to pay Botanical Products Inc. the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a membership and will cover the use of that membership for a monthly or annual subscription period as indicated. You can read about our refund policy here.

            •           Automatic Renewal.
Unless you notify Botanical Products Inc. before the end of the applicable subscription period that you want to cancel your service, your service subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such services (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Services can be canceled at any time by contacting our Customer Support department at 1-877-482-0516

            •           Cancellation.
If you cancel your subscription to our services, we will queue your data, including any backups, for deletion.

            •           Restricted Use.
Unless you have established an agreement with us as a reseller or affiliate, you may not use our services to substantially replicate products or services offered by Botanical Products Inc.  including the republication of Botanical Products Inc. content. If Botanical Products Inc. believes, in its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access our services may be temporarily or permanently revoked, with or without notice.

3. Responsibility of Visitors, Users and Customers.

Botanical Products Inc. has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, Botanical Products Inc. does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Botanical Products Inc. disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.

4. Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Botanical Products Inc. or our customers link, and that link to Botanical Products Inc. our customers or affiliates websites. Botanical Products Inc. does not have any control over those third-party websites, and is not responsible for their contents or their use. By linking to a third-party website, Botanical Products Inc. does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Botanical Products Inc. disclaims any responsibility for any harm resulting from your use of third-party websites and webpages.

5. Copyright Infringement and Notices.

As Botanical Products Inc. asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Botanical Products Inc. or by one of our customers violates your copyright, you are encouraged to notify Botanical Products Inc. in accordance with Canada’s Copyright Act. Botanical Products Inc. will respond to all such notices, including as appropriate by removing the infringing material or disabling all links to the infringing material. Botanical Products Inc. will terminate a visitor’s or customer’s access to and use of the Website and/or our services if, under appropriate circumstances, the visitor or customer is determined to be a repeat infringer of the copyrights or other intellectual property rights of Botanical Products Inc. or others. In the case of such termination, Botanical Products Inc. will have no obligation to provide a refund of any amounts previously paid to us.

6. Intellectual Property.

This Agreement does not transfer from Botanical Products Inc. to you any Botanical Products Inc. or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Botanical Products Inc. The botanicalproductsinc.com website, the Botanical Products Inc. logo, and all other trademarks, service marks, graphics and logos used in connection with botanicalproductsinc.com or our Services or Products, are trademarks or registered trademarks of Botanical Products Inc. or Botanical Product Inc.’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Botanical Products Inc. or third-party trademarks.

7. Identification

Botanical Products Inc. may use Customer’s name and logo in client listings. Botanical Products Inc. may issue a press release announcing the relationship contemplated hereby; Customer shall have the right to approve such press release prior to publication, which approval shall not unreasonably be withheld.

8. Changes.

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services, and cancel any current Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including any binding individual arbitration clause) that were in place when the dispute arose.

9. Termination.

Botanical Products Inc. may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Botanical Products Inc. account if you have one, you may contact our customer support line at 1-877-482-0516, following which you may simply discontinue using our Services. If you do not have an account, you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

10. Disclaimer of Warranties.

Except where our services have been provided under a Service-Level Agreement or other binding agreement, our Services are provided “as is.” Botanical Products Inc. and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Botanical Products Inc. nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you order from, download from, or otherwise obtain products, content or services through, our Services at your own discretion and risk.

11. Limitation of Liability.

In no event will Botanical Products Inc. or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Botanical Products Inc. under this agreement during the twelve (12) month period prior to the cause of action. Botanical Products Inc. shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law, or contravine any provisions of a seperate Service-Level Agreement or other binding agreement.

12. General Representation and Warranty.

You represent and warrant that (i) your use of our Services will be in strict accordance with the Botanical Products Inc. Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

13. Canadian Sanctions.

You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable Canadian Sanctions. Such use is prohibited, and Botanical Products Inc. reserves the right to terminate accounts or access of those in the event of a breach of this condition.

14. Indemnification.

You agree to indemnify and hold harmless Botanical Products Inc. its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Products or Services, including but not limited to your violation of this Agreement.

15. Translation.

These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

16. Miscellaneous.

This Agreement constitutes the entire agreement between Botanical Products Inc. and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Botanical Products Inc., or by the posting by Botanical Products Inc. of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Products and Services will be governed by the laws of the province of Ontario, Canada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the provincial and federal courts located in Peel Region, Ontario. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorney's fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Botanical Products Inc. may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.