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Terms and Conditions
Copyright
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 Treetop Herbals, LLC. The collective work includes works that are licensed to Treetop Herbals, LLC. Copyright 2003, Treetop Herbals, LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Treetop Herbals, LLC or purchasing Treetop Herbals, LLC products. 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 place an order with Treetop Herbals, LLC or to purchase Treetop Herbals, LLC 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 Treetop Herbals, LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Treetop Herbals, LLC used in the site are trademarks or registered trademarks of Treetop Herbals, LLC
Warranty Disclaimer
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, Treetop Herbals, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Treetop Herbals, LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Treetop Herbals, LLC 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
Treetop Herbals, LLC 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 the products, even if Treetop Herbals, LLC 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.
Typographical Errors
In the event that a Treetop Herbals, LLC product is mistakenly listed at an incorrect price, Treetop Herbals, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Treetop Herbals, LLC 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 credit card has already been charged for the purchase and your order is cancelled, Treetop Herbals, LLC shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
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 by Treetop Herbals, LLC 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.
Notice
Treetop Herbals, LLC 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 Treetop Herbals, LLC.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, 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 Treetop Herbals, LLC products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Treetop Herbals, LLC products) must be commenced within one (1) year after the claim or cause of action arises. Treetop Herbals, LLC'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. Treetop Herbals, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you. All orders placed with a total cost of over $224 will require a signature by the person whose name is on the credit card, debit card or any other payment method. Any order over $224 will be shipped to the billing address associated with that payment method.
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 Treetop Herbals, LLC 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.
Participation Disclaimer
Treetop Herbals, LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Treetop Herbals, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Treetop Herbals, LLC 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 Treetop Herbals, LLC in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Treetop Herbals, LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") 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.
Third-Party Links
In an attempt to provide increased value to our visitors, Treetop Herbals, LLC may link to sites operated by third parties. However, even if the third party is affiliated with Treetop Herbals, LLC, Treetop Herbals, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Treetop Herbals, LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Treetop Herbals, LLC 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).
TERMS AND CONDITIONS:
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By ordering any products from Seller you are agreeing unconditionally to all of the following Terms and Conditions. These terms may be changed at any time by Seller without notice.
"Seller" means Treetop Herbals, the website TreetopHerbals.com and all persons associated with it;
"Buyer" means the individual, firm, company or other legal entity purchasing the Goods from the Seller;
"Goods" means the goods, material or extract which are the subject of the Contract; and
"Contract" means an agreement made between the Seller and Buyer for the sale of Goods.
1. Age. Goods may not be purchased by anyone under the age of 18. All orders may require an adult signature at time of delivery or other verification of age by Buyer.
2. Use. Mitragyna speciosa purchased from the Seller are exclusively for scientific research and identification purposes. The Goods are not intended for human consumption under any circumstances. Any human consumption of the goods is deemed mis-use.
3. Regulation and Risk of Loss. Buyer is wholly responsible for obeying local laws and regulations with respect to the Goods purchased from the Seller. The offer of the Goods by the Seller is void where prohibited. Any complications with Goods in transit which are due to a failure to observe applicable laws and regulations are entirely the responsibility of the Buyer. Any risk of loss of the Goods expressly passes to the Buyer upon purchase.
4. Personal Information. Buyer certifies that their billing and shipping information are their own and not those of a third party, related or unrelated. Seller reserves the right to refuse sale to any Buyer or potential Buyer, for any reason.
5. Shipping. Seller will make every reasonable effort to ensure the Goods are shipped to the Buyer in a timely fashion. In the event there is a delay, the Buyer acknowledges the Seller is not liable for such delay.
6. Returns. Returns are strictly prohibited.
7. Severability. Should any provisions of these Terms and Conditions be declared legally invalid, illegal, or otherwise unenforceable, the validity of the remaining provisions of these Terms and Conditions shall not be affected thereby.
8. Choice of Law and Venue. These Terms and Conditions, as well as any sale of Goods to Buyer, are deemed to have been agreed to in and occurred in the State of Oregon and any disputes or interpretation, construction, and the remedies for enforcement or breach are to be applied pursuant to and in accordance with the laws the State of Oregon. Buyer and Seller expressly agree that all actions or proceedings arising in connection with the sale of any Goods or these Terms and Condition shall be tried and litigated exclusively in the State or Federal Courts located in the State of Oregon. The parties waive the right to contest exclusive venue by any motion to transfer, motion for forum non-conveniens or related motions.
9. Disclaimer of Liability. The purpose of this Terms and Conditions agreement is to alleviate the Seller from any and all liability arising out of any injury or other damage caused by the purchase, use or mis-use of the Goods. By purchasing the Goods, you are here making the following affirmative representation(s):
a. I am over 18 and an adult under the laws of my State and Country.
b. I am in good health and capable of making my own decisions.
c. LIMITATION AND DISCLAIMER OF WARRANTIES. I clearly understand that all Goods & information received through Seller are provided 'AS IS' and without warranty, express or implied. All implied warranties of merchantability, fitness for a particular purpose are hereby disclaimed.
d. In no event will Seller be liable to me or anyone else for any damages or injury caused by misuse or improper use of the Goods, or action taken by me in reliance on information or views either verbal or in literature purchased or obtained through Seller or for any incidental, consequential, special, or similar damages.
e. I agree to indemnify and hold harmless Seller and all other parties involved including but not limited their owners, officers, affiliates, associates and employees for any and all damages incurred as result of any mis-use of the Goods. These parties shall not be liable under any theory whatsoever.
f. In no event shall Seller be liable under any damages other than the amount paid by me for product. Any and all other damages, direct or indirect, special, incidental, consequential or punitive, are hereby excluded.
g. I HAVE CLEARLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS, AS WELL AS ANY AND ALL CAUTIONS & WARNINGS, INCLUDING BUT NOT LIMITED TO THE WARNINGS PRINTED ON THE LABEL (IF ANY). I hereby agree to carefully abide by these cautions & warnings. I also will abide by all warnings stated on the website, regarding product use.
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