(last updated December 30, 2015)1. Information Our Lawyers Want You to Read
- While VitaBotanica attempts to provide accurate information on this Website, VitaBotanica makes no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to information on the website, and assumes no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the content of the Website.
Information in the Website is subject to change without notice. VitaBotanica makes no representations that the materials in this Website are appropriate or available for use in other countries aside from Canada. Those who do access this Website from other countries are solely responsible for compliance with local laws of that country.4. Products for Purchase
- The Website offers you the option of registration, and as part of the process you will be requested to provide certain information, including among others, a unique user name and password (“Registration Data”). Even if you do not register an account, you may be requested to provide certain information, in order to purchase products or gain access to services. The mere action of completing the registration form and submitting it to us, or providing us information outside of registration does not guarantee your right to use the Website, and we are under no obligation to continue your right to use the Website.
- You agree to:
- Provide true, accurate, current and complete Registration Data as prompted by the registration process.
- Maintain and promptly update the Registration Data to keep it accurate, current and complete.
- Maintain the security and confidentiality of your password and any other security or access information used by you to access the Website
- Ensure that you log out from your account at the end of each session on the Website.
- Refrain from transferring your account in the Website to any other without our prior written consent.
- Refrain from impersonating any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other Registration Data.
- Refrain from using another person’s account without permission.
- Immediately notify us in writing if you become aware of any loss, theft or use by any other person or entity of any of your Registration Data in connection with the Website or the Service or any other breach of security that you become aware of involving or relating to the Site.
- Only create one account per person.
- We assume that any communications and other activities through use of the Website were sent or authorized by you, and you are fully responsible for all activities that occur under your Registration Data. We will not be liable for your losses caused by any unauthorized use of your account.
- We may for any reason, in our sole discretion and without notice or liability to you or any third party, immediately suspend or terminate your account and refuse any and all current or future access to and use of the Service (or any portion thereof). Grounds for such termination may include, but are not limited to, loss, theft or unauthorized use of your Registration Data, our determination that you violated the letter or spirit of this Agreement, providing Registration Data that is inappropriate or offensive in our discretion, if we have reasonable grounds to suspect any of the Registration Data that you provided is inaccurate, not current or incomplete, or extended periods of inactivity.
- Use Solely for Lawful Purposes. The Website may be used for lawful purposes only. Submission, transmission or maintenance of any information or materials in violation of any federal or provincial regulations is prohibited. This includes, but is not limited to, material legally judged to be threatening or obscene. VitaBotanica reserves the right to refuse service to anyone client without providing reason or cause.
- Prohibited Acts. You agree not to knowingly:
- use any device, software or technique to interfere with or attempt to interfere with the proper working of the Website;
- post or transmit to the Website any unlawful, fraudulent, harassing, libellous, or scene Information of any kind;
6. redeliver any of the Content using “framing”, hyperlinks, or other technology without express written permission;
- Right to regulate. You acknowledge that VitaBotanica has the right, but no obligation, to monitor the Website and to disclose any information necessary to operate the Website, and to comply with legal obligations or governmental requests. VitaBotanica reserves the right to refuse to post or to remove any information on the Website, in whole or in part, for any reason.
- Password-protected areas. If you are allowed access to password-protected areas of the Website, you agree to keep your password confidential, and to send notice to VitaBotanica within 24 hours if your password is compromised.
- Links to third party sites. This Website may link to other sites not maintained by or related to VitaBotanica. VitaBotanica has not reviewed all of the sites linked to the Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by VitaBotanica of the site. Use of any such linked Web site is at the user’s own risk.
10. Copyright Notice
You should assume that all materials, designs, text and images contained in the Website (collectively, the “Materials”) are copyrighted property of VitaBotanica or related entities. VitaBotanica neither warrants nor represents that your use of these Materials will not infringe rights of third parties unrelated to VitaBotanica.
11.Trade-marks and Proprietary Materials
VITABOTANICA MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE PRODUCTS YOU ORDER. THIS SITE, AND ACCESS TO ANY LINKED SITE, IS PROVIDED TO YOU BY ALL CONTENT PROVIDERS “AS IS” AND “AS AVAILABLE”, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, PRODUCT RELIABILITY, AND NON-INFRINGEMENT. YOU HEREBY DISCLAIM ALL WARRANTIES BY VITABOTANICA RELATING TO YOUR USE OF THE WEBSITE. YOU ACKNOWLEDGE THAT YOUR ACCESS TO THE WEBSITE WILL NOT BE FREE OF INTERRUPTIONS, THAT THE INFORMATION HEREIN MAY CONTAIN BUGS, ERRORS, TECHNICAL INACCURACIES, PROBLEMS OR OTHER LIMITATIONS, AND THAT THE SITE MAY BE UNAVAILABLE FROM TIME TO TIME. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR WEBSITE USE AND WEBSITE-RELATED SERVICES.13. Limitation of Liability
IN NO EVENT SHALL VITABOTANICA, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER AND HOWSOEVER CAUSED, RESULTING FROM YOUR USE, MISUSE, OR INABILITY TO USE THE WEBSITE, YOUR USE, MISUSE, OR INABILITY TO USE THE PRODUCTS OR SERVICES PROVIDED BY VITABOTANICA, YOUR USE, MISUSE OR INABILITY TO USE ANY THIRD PARTY SITE, OR THE ACTIONS OF ANY THIRD PARTY, HOWSOEVER ARISING, INCLUDING ANY LOSS OF USE, LOST DATA, LOST BUSINESS PROFITS, BUSINESS INTERRUPTION, PERSONAL INJURY OR AN OTHER PECUNIARY LOSS, WHETHER BASED ON WARRANTY , CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND THE VITABOTANICA LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT PAID FOR ANY PRODUCT RELATED TO ANY DAMAGES SUFFERED BY YOU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.14. Indemnification
15. General Terms
- Violations of Terms and Conditions. Should you violate these Terms and Conditions or any other rights of it, VitaBotanica reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on the Website. If VitaBotanica should fail to enforce any right or provision in these Terms and Conditions, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these Terms and Conditions.
- Waiver. No delay or omission to exercise any right or remedy accruing to VitaBotanica upon any breach or default by you shall constitute a waiver by VitaBotanica of any breach or default.