Terms of Service

 

Terms of Service

Boldest Botanicals and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.

Use of Boldest Botanicals Products & User Representations. You represent and acknowledge as follows: you are Twenty-one (21) years of age or older; you intend to use, and shall use, any products purchased through Boldest Botanicals for your own personal use, however, if you request the shipment of any products to a third party, you represent that the receiving party is also Twenty-one (21) years of age or older, or of the age of majority where that receiving party resides, and intends to use any products for his or her personal use.

PRIVACY

Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit Boldest Botanicals 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 this site. 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.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Boldest Botanicals or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Boldest Botanicals with copyright authorship for this collection by Boldest Botanicals and protected by U.S. and international copyright laws. The software application provider and author for “Magento”, is used under the GNU GENERAL PUBLIC LICENSE and all original authorship and credit for Magento remains the intellectual rights of Magento.

TRADEMARKS

Boldest Botanicals trademarks and trade dress may not be used in connection with any product or service that is not Boldest Botanicals, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Boldest Botanicals. All other trademarks not owned by Boldest Botanicals or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Boldest Botanicals or its subsidiaries.

LICENSE AND SITE ACCESS

Boldest Botanicals grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Boldest Botanicals. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Boldest Botanicals. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Boldest Botanicals and our associates without express written consent. You may not use any meta tags or any other “:hidden text”: utilizing Boldest Botanicals name or trademarks without the express written consent of Boldest Botanicals. Any unauthorized use terminates the permission or license granted by Boldest Botanicals. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Boldest Botanicals so long as the link does not portray Boldest Botanicals its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Boldest Botanicals logo or other proprietary graphic or trademark as part of the link without express written permission.

REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content, submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Boldest Botanicals reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Boldest Botanicals and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Boldest Botanicals and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Boldest Botanicals or its associates for all claims resulting from content you supply. Boldest Botanicals has the right but not the obligation to monitor and edit or remove any activity or content. Boldest Botanicals takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS

All items purchased from Boldest Botanicals are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the courier.

PRODUCT DESCRIPTIONS

Boldest Botanicals and all associates attempt to be as accurate as possible. However, Boldest Botanicals does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Boldest Botanicals itself is not as described, your sole remedy is to return it in an unused, opened, unsealed condition.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY Boldest Botanicals ON AN “AS IS” AND “AS AVAILABLE” BASIS. Boldest Botanicals MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Boldest Botanicals DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Boldest Botanicals DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Boldest Botanicals ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Boldest Botanicals WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting Boldest Botanicals you agree that the laws of the state of Oregon and the United States of America, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Boldest Botanicals or its associates.

DISPUTES

Any dispute relating in any way to your visit to Boldest Botanicals or to products you purchase through Boldest Botanicals shall be submitted to confidential arbitration in Oregon, except that, to the extent you have in any manner violated or threatened to violate Boldest Botanicals intellectual property rights, Boldest Botanicals may seek injunctive or other appropriate relief in any state or federal court in the state of Oregon, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

INDEMNITY

Buyer shall indemnify, defend, and hold harmless Boldest Botanicals and its employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that Boldest Botanicals may sustain or incur arising from (a) Buyer’s use of the products (including without limitation to storage, handling, and transportation of products), (b) use of the products by a third party with Buyer’s authorization, (c) use of the products by a third party without Buyer’s authorization, where such unauthorized use is due to Buyer’s negligent act or omission, or willful misconduct, (d) Buyer’s failure to comply with any applicable laws and regulations (including without limitation those regarding the export of products or technology abroad, the Toxic Substance Control Act, and the Emergency Planning and Community Right-to-Know Act of 1986, or to obtain any licenses or approvals from the appropriate government agencies necessary to purchase and use the products), or (e) the Buyer’s breach of any of its obligations set forth in these Terms or in the Agreement. Boldest Botanicals will provide Buyer with: (i) prompt written notice of such claim of which Boldest Botanicals is aware; (ii) control over the defense and settlement of such claim; and (iii) proper and full information and assistance at Buyer’s expense to settle and/or defend any such claim. Notwithstanding the foregoing, Buyer shall not settle any such claim, suit or proceeding without the written consent of Boldest Botanicals, which shall not be unreasonably withheld.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to Boldest Botanicals. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

QUESTIONS:

Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the Contact Us link in the side menu. Or you can email us at [email protected]!