TERMS AND CONDITIONS
All content, including text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of Botanicalez or its licensors and is protected by copyright laws. All rights not expressly granted are reserved.
The trademarks, service marks, designs, and logos (collectively, the "Trademarks") displayed on the Site are the registered and unregistered Trademarks of Botanicalez and its licensors. You agree that you will not refer to or attribute any information to BB or its licensors in any public medium (e.g., press release, Web sites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, Botanicalez or its licensors.
3 Use of Site Content
Botanicalez hereby grants you a non-exclusive, non-transferable license for the term hereof to access and download, display, and print one copy of the content and functionality displayed on the Site (the "Site Content") on any single computer solely for your internal, business use, provided that you do not modify the Site Content in any way and that you retain all copyright and other proprietary notices displayed on the Site Content. You may not otherwise reproduce, modify, distribute, transmit, post, or disclose the Site Content without Botanicalez prior written consent.
4 User Postings
You acknowledge and agree that Botanicalez shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish in postings, survey responses, and otherwise, and you hereby waive any claims against Botanicalez for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with Botanicalez’s use and publication of such submissions. You covenant that you shall not post or otherwise publish on the Site any materials that (a) are threatening, libelous, defamatory, or obscene; (b) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; or (f) constitute or contain false or misleading statements. Botanicalez does not and cannot review all information posted to the Site by users and is not responsible for such information. However, Botanicalez reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason.
5 Notices of Infringement and Takedown by Botanical EZ, LLC
Botanicalez prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to Botanicalez at the address shown below, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right. Botanicalez will remove any posted submission that infringes the copyright or other intellectual property right of any person upon receipt of such a statement. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. Botanicalez’s contact for submission of notices under this Section is TBA.
THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT Botanicalez IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Botanicalez AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT. Botanicalez SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEBSITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES. NEITHER BB NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
7 Third-Party Web Sites
8 Governing Law, Jurisdiction
These Terms are governed by the laws of the State of Colorado without reference to the principles of conflicts of laws thereof.
All copyright, trademarks, design rights, patents, and other intellectual property rights (registered and unregistered) in and on Botanicalez Content belong to Botanical EZ, LLC. Botanical EZ, LLC reserves all of its rights in Botanicalez Content and Botanicalez Services. Nothing in the Terms grants you a right or license to use any trademark, design right, or copyright owned or controlled by the Botanicalez or any other third party except as expressly provided in the Terms. Botanicalez.com contains general information about plant-based medicine, Chinese diet therapy, acupuncture, physical culture, and functional foods. The information is not advice, and should not be treated as such.
The medical information on Botanicalez.com is provided without any representations or warranties, express or implied. Botanicalez.com makes no representations or warranties in relation to the medical information, exercise, dietary advice, or supplements on Botanicalez.com. Without prejudice to the generality of the foregoing paragraph, Botanicalez.com does not warrant that. (a) the medical information on Botanicalez.com will be constantly available, or available at all; or(b) the medical information on Botanicalez.com is complete, true, accurate, up-to-date, or non-misleading.
You must not rely on the information on Botanicalez.com as an alternative to medical advice from your doctor or other professional healthcare providers. If you have any specific questions about any medical matter you should consult your doctor or another professional healthcare provider. If you think you may be suffering from any medical condition you should seek immediate medical attention. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on Botanicalez.com.
Limiting our liability
You agree not to hold us liable for any damages arising from or relating to your reliance on any information provided on Botanicalez.com. Additionally, you agree not to repeat the medical information that you read on Botanicalez.com to a third party, as that third party may not have read this disclaimer and understood the caveats involved in receiving the information. If you should repeat the medical information that you read on Botanicalez.com to a third party, whether through writing, electronically, or orally, you agree that you will indemnify us and defend us against any claims for damages by that or any other third party which received its information as a result of your actions, either in whole or in part. In other words, if the third party you told the information to repeats it to another third party, you must indemnify us and defend us against claims made by either of those third parties. Dietary supplements are not reviewed and approved by FDA based on their safety and effectiveness. This quiz, results, links to supplements, exercises or lifestyle approaches are not intended to be medical advice but are rather part of an educational effort to promote Chinese dietary and physical culture as part of a healthy and balanced lifestyle. If you are having a medical emergency, you should seek emergency care. Don’t delay seeking medical advice, ignore medical advice or stop medical treatment because of anything you read on Botanicalez.com. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any information available on or through the site or book for commercial or public purposes.
For Healthcare Practitioners
Botanical EZ, LLC will hereinafter be referred to as "Botanicalez" or as "we" or "us" or "our". "Customer" and/or "you" or "your" refer to all individuals and entities purchasing products from Botanicalez.
1. EXCLUSIVE TERMS.
These terms and conditions are the exclusive terms and conditions by which all Botanicalez products are sold to a Customer. Botanicalez expressly rejects all other conditions of sale, proposed or imposed by a Customer, in whatever form, before or after sale, unless expressly approved in writing and signed by an authorized corporate officer of Botanicalez. You agree, at our discretion and without notice to you, unless we have agreed otherwise, in the form specified in this section, to your terms and conditions, whenever and however your terms have been communicated to us, that we may disregard your terms and conditions as having no legal force or effect and proceed as if you have not communicated your own terms and conditions, or we may reject your order.
2. AMENDMENT OF TERMS.
These Terms and Conditions may be amended by us from time to time, without notice. Our most current terms and conditions will always be posted on our website, or at your request, we will email you our current terms and conditions. You may request terms by email (email@example.com). You agree that your ordering of products from us, whether on the internet, by phone, fax, mail or in person, constitutes your agreement to our Terms and Conditions as they exist as of the date you place your order. You agree that it is your responsibility to either review our current terms on our website or to otherwise obtain a copy of our current Terms and Conditions prior to placing an order.
3. ACCURACY OF INFORMATION.
Botanicalez makes reasonable efforts to provide accurate and timely information about its products on its website (www.Botanicalez.com), in its catalog, and other written material. You may not assume that the information provided is always up to date, accurate, or that all the relevant information is stated. You waive any claims arising from inaccurate or omitted information on our website and in our catalog and other written material. You are encouraged to bring what you believe to be inaccurate or omitted material to our attention by sending an email to firstname.lastname@example.org.
4. PRODUCT PRICING.
The price we charge for our products is subject to fluctuations, including the availability of a product, cost of shipping, and international monetary fluctuations.
All quotations from Botanicalez, whether in writing or orally are intended to cover the specific quantity identified in the quotation and do not pertain to a greater or lesser quantity unless the greater or lesser quantity is specifically approved in writing by a corporate officer of Botanicalez. Unless otherwise specifically identified in the quotation or otherwise approved by Botanicalez in writing, the quoted quantity will be delivered to Customer in a single shipment as specified in the Quotation. Our Quotations are based on available inventory which inventory availability cannot be confirmed until Botanicalez accepts a purchase order from Customer.
6. PAYMENT TERMS CREDIT CARDS AND CREDIT.
A. Unless we have agreed to extend credit terms to you and you have signed our Credit Agreement, all purchases must be paid for at the time of placing the order.
B. Botanicalez accepts Visa, MasterCard, American Express and Discover debit and credit cards ("Card" or "Cards") as well as Paypal payment. There is no surcharge for using your Card to make purchases with us if we have not extended credit terms to you. Cards will be charged upon placement of your order.
C. CARD SECURITY.
All Card transactions, whether initiated on our Website or by some other means are compliant with Payment Card Industry (PCI) security standards, and all Card numbers are encrypted. Our website uses SSL (Secure Socket Layer) encryption. In the event of unauthorized use of your Card, notify your card provider or issuing bank in accordance with its reporting rules and procedures. Unauthorized use of your Card may be subject to regulations that limit liability. In no event will Botanicalez be liable for unauthorized use of your Card by a third party. If you choose to pay for your purchases from us with a Card, you are agreeing that Botanicalez may submit proper charges to that Card, and that Botanicalez is not liable for unauthorized transactions by third parties.
D. CREDIT TERMS WITH BOTANICAL EZ, LLC
(1) If you have submitted a written credit application to us, and have received written notification from us that we have granted you credit terms, you will be allowed to purchase products from us subject to the terms we have extended to you, including both net payment terms and your maximum amount of credit. Your credit terms may be canceled or changed at our discretion, with or without notice to you, except that your previous terms will apply to products already shipped to you prior to the cancellation or modification of credit terms.o (2) We must receive payment from you no later than the last day of the net payment terms, with the first day beginning on the day after we ship your order (not the date you receive the shipment). Thus, by way of example, if we agreed to credit terms with you of 10 days net, and we shipped on the first day of the month, we must receive payment no later than the eleventh of that month. (3) Botanicalez reserves the right to charge Customer a 5% credit card transaction fee if Customer pays with a credit or debit card, those charges for which Customer utilized Net Terms granted by Botanicalez (4) If you fail to pay us in accordance with our credit terms, we may impose a penalty of 10% of the invoice amount and the total you owe us will be subject to a service charge of 2% per month and you will pay our cost of collection, including legal fees, whether or not we file a legal action. (5) Your exceeding of your maximum allowed credit constitutes a breach of your credit terms, and the amount in excess of your maximum credit amount shall be immediately due and payable.
7. CUSTOMER SPECIFICATIONS.
It is the responsibility of the Customer to determine if the Botanicalez’s product specifications meet the Customer's requirements. Botanicalez is not obligated to meet quality control parameters specified by the Customer. Botanicalez makes no representation, express or implied that its product specifications are within the parameters of a Customer's requirements, stated or unstated.
8. INTERNATIONAL TRANSACTIONS.
Botanicalez will accept international orders subject to these Terms and conditions and the following: (a) Botanicalez will accept international credit cards charged in USD; (b) Customer is solely responsible for determining that the ordered products may be shipped to and is legal in the destination country and that all regulatory requirements are complied with; (c) Customer is responsible for all import/export duties and other costs; (d) Customer will remain responsible for product and shipping charges notwithstanding the destination country delaying, detaining or confiscating the shipment.
Unless we have agreed to pay for shipping as part of a promotion, all shipping is charged to you and will be included on the order invoice or by separate invoice if shipping charges are not ascertainable in advance. You may also designate your own freight collect shipper. In all cases, Botanicalez's responsibility for the risk of loss ceases upon delivery to the shipper, and thereafter, you will bear the risk of loss. You must make all claims arising from shipping directly to the shipper unless the shipper requires Botanicalez to submit the claim. If so required, Botanicalez will process and submit a claim to the shipper on behalf of the Customer for damages that occurred during shipping. In no event will Botanicalez have liability to the Customer with respect to Botanicalez's handling of the claim nor is Botanicalez responsible for the shipper’s claim adjudication.
10. LIMITED WARRANTY AND LIMITED LIABILITY.
YOU AGREE TO INSPECT ALL PRODUCTS AND PACKAGING IMMEDIATELY UPON RECEIPT. BOTANICAL EZ, LLC AGREES THAT IT WILL REPLACE ALL DEFECTIVE PRODUCTS WHEN THE DEFECTS ARE REPORTED WITHIN FIFTEEN CALENDAR DAYS OF YOUR RECEIPT OF THE PRODUCT. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BOTANICAL EZ, LLC's LIABILITY UNDER THE FOREGOING WARRANTY SHALL NOT EXCEED THE PURCHASE PRICE OF THE GOODS, OR AT THE ELECTION OF BOTANICAL EZ, LLC, THE REPLACEMENT OF THE GOODS. IN NO EVENT SHALL BOTANICALEZ BE RESPONSIBLE FOR INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES.
11. RETURN OF GOODS
A. Goods may be returned, pursuant to Botanicalez’s Limited Warranty as set out in the previous section if you have contacted us within 15 days of receipt. We will replace defective merchandise.·
B. All other goods may be returned to us with the bottles or other packaging unopened, unmarked, and in salable condition and shipped at your expense within 30 days of your receipt of the goods and will be subject to a 20% restocking fee.·
C. Other than the aforesaid circumstances, the return of the merchandise is not allowed.
12. NO HEALTH OR OTHER REPRESENTATIONS.
A. All statements on our Website, and in our catalog or other written material about Botanicalez's products have not been evaluated by the Food and Drug Administration. Botanicalez's products are not meant to diagnose, treat, cure or prevent disease. Notwithstanding the fact that Botanicalez may include product cautions and contraindications on our website or in our catalog or other written material, this information is not intended to be complete or comprehensive and it may not cover every health-related matter and every possible health-related issue. The information is not intended to substitute for the advice of a health care professional.
B. Customer has not relied upon information or statements on our website or in our catalog or other written material or information or opinion directly provided by Botanicalez and its employees, including but not limited to our sale and professional staff for the purpose of purchasing, prescribing, or using our products. Customer has solely relied on Customer's own skill, judgment, exercise, and knowledge when purchasing, selling, and using Botanicalez products.
13. PRODUCTS PURCHASED FOR DIRECT RETAIL SALES.
The following terms apply when our products are offered by you for sale to the general public through all retail channels (collectively, "Retail Sale").·
A. You warrant that during all periods of time that our products are offered by you for Retail Sale that you are properly licensed in your jurisdiction to engage in Retail Sales business activity and that you have in place Products Liability Insurance in a minimum coverage of no less than one million dollars per incident. Upon request, you will provide us with proof of licensing and insurance coverage. The failure of Botanicalez to request proof of required licenses and insurance shall not constitute a waiver of those requirements.
B. When offering our products for Retail Sale to the general public, your marketing information, whether written, digital, video, and/or verbal shall be fully compliant with FDA laws and regulations pertaining to the sale of dietary supplements and the Dietary Supplements Health and Education Act of 1994 ("DSHEA"). You will not offer Botanicalez products for Retail Sale in conjunction with the direct or indirect making of Disease Claims (a claim to diagnose, cure, mitigate, treat, or prevent disease) regardless of the source or validity of the claims, even if you originally obtained the information from Botanicalez. Disease Claims may not be made directly or by referencing or linking to other material or by inviting customers to search for Botanicalez by symptom on our Website or in our catalog or other written material, or by any other means reasonably understood to convey a Disease Claim.·
C. You may display in your marketing material the following information about our products: Standard dosage, Ingredients, Cautions and Contraindications, and TCM functions, if not in violation of FDA restrictions on Disease Claims and/or the DSHEA, and you may make appropriate claims describing the product's "structure and function". We do not offer you legal advice on what the FDA regards as impermissible Disease Claims and/or allowed structure and function claim when you are marketing any dietary supplement, including our products. You may not rely on Botanicalez's marketing material in determining for yourself what is permissible and not permissible when stated by you, although you may rely on Botanicalez's most current website information for products, for the limited purpose of complying with your contractual obligations to Botanicalez pursuant to this Section. We suggest that you consult with your own legal counsel, the FDA website, and/or your professional trade association with respect to such matters.
D. While it may be appropriate and/or necessary to include the standard FDA disclaimer with your marketing material for our products (for example: All statements made have not been evaluated by the Food and Drug Administration. This product is not meant to diagnose, treat, cure or prevent disease), nonetheless the presence of that disclaimer does not then allow you to make an otherwise impermissible Disease Claim. If a Disease Claim violates FDA laws and regulations, then you have violated this Section without regard to your inclusion of such a disclaimer, and if done with respect to Botanicalez's product, you would be in violation of this Section.·
E. If Botanicalez reasonably believes that your marketing material for Botanicalez products is in violation of the Retail Sales provisions of this Section, in addition to all other rights it may have pursuant to the Terms and Conditions and/or statutory and common law, Botanicalez may terminate your Customer account and/or bring a lawsuit for injunctive relief and damages. Further, upon reasonable notice to you, Botanicalez may contact third-party websites and providers for the purpose of blocking the sale of Botanicalez products sold in violation of this Section. The failure of Botanicalez to undertake any of these remedies does not constitute a waiver of your obligations or Botanicalez's rights herein.
F. You will immediately notify us in writing if you receive a Notice of Violation or any other Notice from the FDA to the effect that your marketing of our products may be in violation of FDA laws and regulations. (Email copies to Botanicalez@gmail.com). Providing notice to Botanicalez does not mean or imply that Botanicalez has a legal duty to respond to the notice.
G. If we ask you to cease one or more violations of this Section and you fail to do so promptly and in a reasonable manner, and we bring legal action against you to force you to stop, you agree that, in addition to other remedies that may be available to us, you will pay us $10,000 as liquidated damages per proven violation. You and Botanicalez agree that this liquidated damages sum is reasonable in light of the possible harm to Botanicalez by such violations and that actual damages would be cumbersome and expensive to prove.
H. You will reimburse us for our legal fees and expenses necessarily incurred by us upon your violation of this Section, whether or not we file a legal action. Resolution of disputes under this section is otherwise subject to the provision of Section DISPUTE RESOLUTION.
I. This Section's terms and conditions are not intended to apply to communications by licensed TCM practitioners and licensed medical professionals directly to their patients while diagnosing, treating and prescribing within the scope of their license. The appropriateness of private communications between patients and their health care professionals is not for Botanicalez to determine. However, this Section's terms do apply in the Retail Sales setting when our products are offered to the public, regardless of whether the Disease Claims are being made by licensed TCM practitioners and health care professionals.
J. You may set its own resale price for the Botanicalez Products in your clinic or practice, except that such prices must be mutually agreed to be reasonable after consultation with Botanicalez. You will not sell the Botanicalez Products online below Botanicalez’s suggested retail price (MSRP). (See each product purchasing page for MSRP).·
14. USE OF WEBSITE.
A. YOUR ACCOUNT.
Your use of the materials included on our website is for informational and shopping purposes only. You agree you will not distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of our website in any way. You agree to indemnify, defend and hold harmless Botanicalez for any and all unauthorized uses you may make of any material on the site. You acknowledge the unauthorized use of the contents could cause irreparable harm to Botanicalez and that in the event of unauthorized use, Botanicalez shall be entitled to an injunction in addition to any other remedies available at law or in equity. After applying for an online account, you will receive an email message notifying you that your account has been activated. Upon registering, you are required to inform us about your type of business and give us related business information. You are responsible for maintaining the confidentiality of your password and customer ID, and are fully responsible for all activities that occur in your account. You agree to (a) immediately notify Botanicalez of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Botanicalez cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement. You agree that all information you submit to Botanicalez to set up an account is true and accurate. You agree not to purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be yours alone and Botanicalez shall have no responsibility therefrom.
B. CONDITIONS AND RESTRICTIONS ON USE.
Botanicalez does not guarantee that the functions contained in our website will be uninterrupted or error-free, that our website or its server will be free of viruses or other harmful components, or that defects will be corrected even if Botanicalez is aware of them. You acknowledge and agree that Botanicalez may terminate your access to the Botanicalez website should you fail to comply with the Terms and Conditions or any other guidelines and rules published by Botanicalez. Any such termination shall be at Botanicalez's sole discretion and may occur without prior notice, or any notice. Botanicalez further reserves the right to terminate any user's access to Botanicalez's website for any conduct that Botanicalez, at its sole discretion, believes is or may be directly or indirectly harmful to other users, to Botanicalez or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. Botanicalez further reserves the right to terminate any user's access to the website for any reason or for no reason at all, at Botanicalez's sole discretion, without prior notice, or any notice. Botanicalez does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.
C. PRIVACY & SECURITY.
Botanical EZ, LLC is committed to protecting the privacy and accuracy of your confidential information to the fullest extent possible, subject to provisions of state and federal law. Other than in response to subpoenas or other legal instruments that authorize access, personal information is not actively shared. In particular, we do not re-distribute or sell personal information collected on our web server. Your personal information is used by us to facilitate orders you place with us, and to notify you of promotions, company, and product updates, and to send you informative materials such as our newsletter. However, you may opt to have us not send you any of these notices or materials at any time by changing your preference on your My Account page, or by contacting us through email or by telephone.
D. INFORMATION ABOUT YOU.
When you apply to set up an online account with us, we collect various kinds of "personal information" including your name, company name, address, billing information, business type, and related business information (such as license number and state) and an email address. We also collect and store access information related to your account including account number and user password. When you make purchases from our site, we may collect purchasing information such as product orders, shipping address(es), and Card information. When you set up an online account with us and provide such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by the Botanicalez Account Set-up form at registration; and (b) you will maintain and promptly update your account data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Botanicalez has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Botanicalez has the right to suspend or terminate your account and refuse any and all current or future use of the Botanicalez website. On the Account Set-up page, you are given the opportunity to receive email communications from us, or not. You may change this preference and your account information at any time. We also collect "aggregate information", which is information about the use of our site, such as pages visited on our site.
E. SITE SECURITY.
A Customer's account including patients and client information provided by the Customer is protected by the use of a password of Customer's choice which is Customer's responsibility to protect. Our website uses SSL (Secure Socket Layer) encryption so that your personal information cannot be read as it passes over the Internet. Notwithstanding the aforesaid protections, both our website in general and a Customer's account, in particular, are subject to penetration and access by third parties with varying degrees of illegal intent. Such penetration may result in access to Customer's personal information or other harm to that Customer. In no event will Botanicalez be liable to Customer for damages resulting from a third party's obtaining Customer's personal information or any other damages as a result of a third party gaining access to Botanicalez's website and/or Customer's Botanicalez account.
Some links on our website will allow you to connect with sites that are not under our control. Botanicalez is providing these links only as a convenience. The appearance of a link does not imply Botanicalez endorsement, nor is Botanicalez responsible for the contents of any linked site.
G. FEEDBACK AND SUBMISSIONS.
You agree you are and shall remain solely responsible for the contents of any feedback or submissions you make, and you will not submit material to our website that is unlawful, defamatory, abusive, or obscene. You agree that you will not submit anything to our website that will violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary rights (s). While we appreciate your interest in Botanicalez, we do not want and cannot accept any ideas you consider to be proprietary regarding designs, product technology, or other suggestions you may have developed. Consequently, any material you submit through our website will be deemed a grant of a royalty-free non-exclusive right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute these materials anywhere in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised.
H. FOREIGN USE OF SITE.
Botanicalez makes no representation that materials on its website are appropriate or available for use in other locations. If you access our website from outside the United States, be advised that it may contain references to products and services that are not available or are prohibited in your country.
22. COPYRIGHT AND TRADEMARK.
Our Website as well as our Catalogue and other written material are owned by us. Unless otherwise specified, all materials that may be found on our Website, Catalogue, and other written material, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly, and arrangement thereof, are the sole property of Botanicalez. and registered with the U.S. Copyright Office, Copyright © 2018, ALL RIGHTS RESERVED. You may use our content only for the purpose of obtaining information or placing an online order and for no other purpose. None of our content may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials of our content may violate copyright, trademark, and other applicable laws.
23. DISPUTE RESOLUTION.
A. Venue and Jurisdiction. The exclusive jurisdiction for injunctive relief and all disputes between Botanical Biohacking and Customer is in the State of Colorado.
B. Personal Liability. If Customer is a non-publicly traded corporation or LLC or other limited liability entity, the individual shareholders, members and/or owners of Customer agree to be jointly and severally liable with Customer for Customer's obligations to Botanical EZ, LLC.
C. For all other disputes Customer and Botanical EZ, LLC shall be responsible for their own legal fees and court costs