PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Botanika Beauty. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to secure services with Botanika Beauty or to purchase Botanika Beauty products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Botanika Beauty. You further agree not to change or delete any proprietary notices from materials copied or downloaded from the site.
All trademarks, service marks and trade names of Botanika Beauty used in the site are trademarks or registered trademarks of Botanika Beauty.
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Botanika Beauty disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Botanika Beauty does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
Botanika Beauty shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of any suggested products, even if Botanika Beauty has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Botanika Beauty product is mistakenly listed at an incorrect price, Botanika Beauty reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Botanika Beauty reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your Botanika Beauty shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated Botanika Beauty without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Botanika Beauty may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Botanika Beauty.
Your use of this site shall be governed in all respects by the laws of the state of Illinois, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Botanika Beauty products) shall be in the state or federal courts located in Chicago, Illinois. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Botanika Beauty products) must be commenced within one (1) year after the claim or cause of action arises. Botanika Beauty’s 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. Botanika Beauty may assign its rights and duties under this Agreement to any party at any time without notice to you.
USE OF SITE
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Botanika Beauty or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Botanika Beauty reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Botanika Beauty in its sole discretion.
You agree to indemnify, defend, and hold harmless Botanika Beauty from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Botanika Beauty may link to sites operated by third parties. However, even if the third party is affiliated with Botanika Beauty, Botanika Beauty has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Botanika Beauty. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Botanika Beauty seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).