TERMS & CONDITIONS
Last Updated: June 2022
Welcome, and thank you for your interest in Botanical Paws (“Botanical Paws ,” “we,” or “us”) and our website at https://botanicalpaws.com (the “Site”). These Terms of Use are a legally binding contract between you and Botanical Paws regarding your use of the Site. Please read the following terms carefully before using the Site. By using the Site, you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions, including the Botanical Paws Privacy Policy (together, the “Terms”). If you are not eligible, or you do not agree to the Terms, then you do not have our permission to use the Site.
ELIGIBILITY
You must be at least 18 years of age to use the Site. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; and (b) your use of the Site is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
HEALTH INFORMATION
The Food and Drug Administration has not evaluated any statements or material on our site, nor products we sell and distribute through our online store.The efficacy of these products and the testimonials made have not been confirmed by FDA-approved research. Neither the FDA or any regulatory agency endorses or approves any products available on our site or product ingredients.
Our products are derived from industrial hemp and contain less than 0.3% THC in accordance with the regulations set forth in the 2018 Farm Bill.
The Site, its material, and products are not meant to diagnose, treat, cure, or prevent any illness or disease. The Site provides information and material strictly for educational purposes. Products from the Site are not to be used as a substitute for the advice or treatment from a professional veterinarian practitioner. Discuss the use of our products with your veterinarian before purchasing and before administering to pets.
Pets that are pregnant, taking medication, nursing, or have medical conditions, we firmly advise you to consult with a veterinary professional before using Botanical Paws products.
Please consult with your veterinary professional about potential interactions or other possible complications before using any product.
The products on the Site are not intended for human consumption. They are intended to be used solely for dogs and cats.
Botanical Paws products shall not be held liable for the medical claims or any claims made by customer testimonials or any damages from use of our products or from the information provided on the Site.
PURCHASES
- Payment: Purchases of any merchandise are facilitated through a third-party service provider. We may provide such service provider with information regarding your credit card or other payment instrument. You represent and warrant that such information is true and that you are authorized to use the payment instrument. You will be responsible for all taxes associated with your purchase of merchandise through the Service.
- Loss and Cancellation: Title and risk of loss for all merchandise ordered by you will pass to you on delivery to the shipping carrier. We reserve the right to cancel any order for any merchandise for any reason.
- Returns: You acknowledge and agree that goods produced for you are bespoke, custom-made goods. Other than where goods are faulty, you have no right to cancel any order or return any goods and all orders are final.
- Waiver: Your purchase of an item constitutes a waiver of any and all intellectual property, proprietary, personal, and privacy claims relating to that purchase.
CHANGES TO THE TERMS
We may periodically make changes to these Terms. When we do, we will update the “Last Updated” date above. It is your responsibility to review the most recent version of these Terms and remain informed of any changes. You agree that your continued use of the Site after the effective date of any changes will constitute your acceptance of the changed Terms for your continued use. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
CHANGES TO THE SITE
We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Site without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
LIMITED LICENSE
Subject to these Terms, Botanical Paws grants you a limited, revocable license to access and use the Site solely for non-commercial purposes to learn more about Botanical Paws products and services. No other use of the Site is authorized.
RESTRICTIONS
You must comply with all applicable laws when using the Site. Except as may be expressly permitted by applicable law or expressly permitted by us in writing, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any information or material available on the Site (“Site Content”) or compile or collect any Site Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Site or store, copy, modify, distribute, or resell any Site Content; (c) rent, lease, or sublicense your access to the Site; (d) use the Site or Site Content for any purpose except for your own personal use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Site; (f) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Site; (g) use the Site in a manner that threatens the integrity, performance, or availability of the Site; or (h) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Site or Site Content.
OWNERSHIP
The Site is owned and operated by Botanical Paws. We or our licensors retain all right, title, and interest in and to the Site and Site Content and any trademarks, logos, or service marks displayed on the Site or in Site Content (“Marks”). The Site, Site Content, and Marks are protected by applicable intellectual property laws and international treaties. Except as expressly authorized by Botanical Paws you may not make use of the Site, Site Content, and Marks.
PRIVACY POLICY
Please read the Botanical Paws Privacy Policy carefully for information relating to our collection, use, storage, disclosure of your personal information. The Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
LINKS AND THIRD PARTY CONTENT
The Site may contain links to third party products, services, and websites. We exercise no control over the third party products, services, and websites and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through the third party products, services, and websites. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third party products, services, and websites.
Additionally, if you follow a link or otherwise navigate away from the Site, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third party websites to which you navigate to from the Site.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR SOLE RISK. THE SITE AND SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BOTANICAL PAWS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITE OR SITE CONTENT, AND YOU RELY ON THE SITE AND SITE CONTENT AT YOUR OWN RISK. ANY MATERIAL OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BOTANICAL PAWS OR THROUGH OR FROM THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. HOWEVER, BOTANICAL PAWS DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT BOTANICAL PAWS IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
BOTANICAL PAWS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BOTANICAL PAWS HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SITE AND SITE CONTENT. UNDER NO CIRCUMSTANCES WILL BOTANICAL PAWS TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SITE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED $50. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
INDEMNITY
You will indemnify and hold Botanical Paws and its partners, service providers, affiliates, officers, agents, and employees, harmless from any costs, damages, expenses, and liability caused by your use of the Site or Site Content, your violation of these Terms, or your violation of any rights of a third party through use of the Site or Site Content. We and our licensors reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
RELEASE
If you have a dispute with the Site, Site Content, or any products purchased through the Site, you hereby release us and our partners and service providers (and each party’s respective officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
GENERAL TERMS
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Botanical Paws regarding your use of the Site. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
LEGAL NOTICES
These Terms are governed by the laws of the state of without regard to conflict of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms or your use of the Site will lie in the state and federal courts located in undefined, undefined, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of Botanical Paws to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Botanical Paws in writing. In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.
The products on this Site are intended to be used for dogs and cats.
These products are not intended to diagnose, treat, cure or prevent any illness or disease. All information presented here is not meant as a substitute for or alternative to information from veterinary practitioners.
Botanical Paws products shall not be held liable for the medical claims or any claims made by customer testimonials.
The statements made regarding these products have not been evaluated by the Food and Drug Administration. The efficacy of these products and the testimonials made have not been confirmed by FDA-approved research.
Please consult your veterinary professional about potential interactions or other possible complications before using any product. The Federal Food, Drug and Cosmetic Act requires this notice.
Privacy Policy
Last Updated: June 2022
This Privacy Policy (“Policy”) describes the manner in which Botanical Paws (“Botanical Paws,” “we,” or “us”) and our website at https://www.botanicalpaws.com (the “Site”) use and collect data from individuals. This Policy, which is incorporated into and is subject to the Botanical Paws Terms of Use, describes the information that we gather from you on the Site, how we use and disclose such information, and the steps we take to protect such information.
INFORMATION WE COLLECT ON THE SITE:
- User-provided Information. When you use the Site, we may collect information about you, including your name, email address, mailing address, credit card or other billing information, unique identifiers (such as user name, account number and password), information you may provide us in various ways on the Site. For example, you provide us with information when you make a purchase on the Site, or send us customer service-related requests.
- Cookies and Automatically Collected Information. When you use the Site, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your device. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent
- Unique Identifiers such as user name, account number and password
- Preferences Information such as product wish lists, order history, marketing preferences, subscription preferences, and reminder and notification preferences
- Survey responses if you participate in one of our surveys (although anonymous surveys will not collect your contact or personal information)
- Message text, if you talk to one of our chat bots or customer experience representatives
- Social Media such as but not limited to Instagram, Facebook, Twitter, LinkedIn, Pinterest, TikTok, Youtube, and/or Google+. It is possible that videos, images, and comments you submit to Botanical Paws will be shared on l media outlets.
HOW WE USE THE INFORMATION WE COLLECT
We use information we collect on the Site in a variety of ways in providing the Site and operating our business, including the following:
- We use the information that we collect on the Site to operate, maintain, enhance and provide all features of the Site, to provide services and information that you request, to respond to comments and questions and otherwise to provide support to users, and to process and deliver entries and rewards in connection with promotions that may be offered from time to time on the Site.
- We may use your email address or other information we collect to contact you for administrative purposes such as customer service or to send communications, including updates on promotions and events, relating to products and services offered by us and by third parties.
- We may use cookies and automatically collected information to: (i) personalize our Site, such as remembering information about you so that you will not have to re-enter it during your visit or the next time you visit the Site; (ii) provide customized advertisements, content, and information; (iii) monitor and analyze the effectiveness of the Site and third-party marketing activities; (iv) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (v) track your entries, submissions, and status in any promotions or other activities on the Site.
WHEN WE DISCLOSE INFORMATION
Except as described in this Policy, we will not disclose information about you that we collect on the Site to third parties without your consent. We may disclose information to third parties if you consent to us doing so, as well as in the following circumstances:
- Any information that you voluntarily choose to include in a publicly accessible area of the Site will be available to anyone who has access to that content, including other users.
- We work with third party service providers to provide website, application development, hosting, maintenance, printing, and other services for us. These third parties may have access to or process information about you as part of providing those services for us.
- We may disclose information about you if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws, in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.
- We also reserve the right to disclose information about you that we believe, in good faith, is appropriate or necessary to: (i) take precautions against liability; (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity; (iii) investigate and defend ourselves against any third-party claims or allegations; (iv) protect the security or integrity of the Site and any facilities or equipment used to make the Site available; or (v) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others.
- Information about our users may be disclosed and otherwise transferred to an acquirer, successor, or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, or in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.
- We may make certain aggregated, automatically-collected, or otherwise non-personal information available to third parties for various purposes, including: (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Site.
YOUR CHOICES
You may, of course, decline to share certain information with us, in which case we may not be able to provide to you some of the features and functionality of the Site. You may update, correct, or delete your account information and preferences at any time by accessing your account preferences page on the Site. If you wish to access or amend any other personal information we hold about you, you may contact us at. Please note that while any changes you make will be reflected in active user databases within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.
If you receive commercial email from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt out from receiving commercial email from us by sending your request to us by email and/or by writing to us at the address given at the end of this policy. We may allow you to view and modify settings relating to the nature and frequency of promotional communications that you receive from us in user account functionality on the Site.
Please be aware that if you opt out of receiving commercial email from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten business days for us to process your request, and you may continue receiving promotional communications from us during that period. Additionally, even after you opt out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Site.
THIRD-PARTY SITES
The Site may contain features or links to websites and services provided by third parties. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through the Site. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through the Site. We encourage you to learn about third parties’ privacy and security policies before providing them with information.
DATA SECURITY
We use certain physical, managerial, and technical safeguards that are designed to improve the integrity and security of information that we collect and maintain. Please be aware that no security measures are perfect or impenetrable. We cannot and do not guarantee that information about you will not be accessed, viewed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
INTERNATIONAL VISITORS
The Site is hosted in the United States and is intended for visitors located within the United States. If you choose to use the Site from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States for storage and processing. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Site. By providing any information, including personal information, on or to the Site, you consent to such transfer, storage, and processing.
CHANGES AND UPDATES TO THIS POLICY
Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time. If we modify this Policy, we will make it available through the Site, and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Site for the first time after such material changes are made. Your continued use of the Site after the revised Policy has become effective indicates that you have read, understood and agreed to the current version of this Policy.
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