TERMS & CONDITIONS OF USE
1. GENERAL.
This website www.prevailbotanicals.com (“Our Website” or the “Site”) is owned and operated by Prevail Botanicals, LLC (“COMPANY” “we,” “us, or “our”). Our Website provides to you certain free services and, if you so choose, certain services which you may purchase (together, the “Services”). By using the Site, you agree to be bound by these Terms and Conditions of Use (these “Terms of Use”), our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from COMPANY, and to use the Site in accordance with them.
Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Use. We reserve the right to change the Terms of Use or to impose new conditions or rules on use of the Site, from time to time, in which case we will post the revised Terms of Use on Our Website. By continuing to use the Site after we post any such changes, you accept the Terms of Use, as modified.
You may use Our Website, services, content, technologies and the applications of prevailbotanicals.com only on the condition that you abide by these TOU and our Privacy Policy. BY USING OUR WEBSITE AND/OR BY PURCHASING ACCESS TO AN ONLINE COURSE(S) ON OUR WEBSITE OR OTHERWISE MAKING USE OF YOU SIGNIFY YOUR AGREEMENT TO THE TERMS OF USE. You must be 18 years or older to use Our Website.
2. DISCLAIMERS.
Our Website and Services include information and instruction relating to diet, herbs, supplements, exercise and fitness, and some of the products and services available through Our Website and the Services relate to such topics. You acknowledge and agree that the following warnings and disclaimers shall apply to all such information, instruction, products and services.
Before participating in any diet or exercise program or using any diet or fitness products or services that may be described and/or made accessible in or through Our Website and/or the Services, We strongly recommend that you consult with a physician or other healthcare provider. Prevail Botanicals, its staff and the content-providers are not licensed medical care providers, are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise or diet on a medical condition. You acknowledge and agree that when participating in any diet, exercise, herbal, or exercise program, and/or when using any diet or fitness products or services, there is the possibility of physical injury and/or death, and you assume the risk and responsibility for any such results.
Our Website, including all content thereon, and the Services are not meant to be substitutes for medical advice from your doctor or health care provider and We make no warranties, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information or content contained in Our Website or the Online Courses. You are advised that health advice is often subject to updating and refining due to medical research and developments. While we endeavor to bring you the most up to date information, we make no warranty or guarantee that the information herein is the most recent, accurate, or accepted on any particular subject. You should consult with your health care provider with any questions or concerns you may have regarding any health condition that you may have before starting any yoga, Pilates or other exercise program or making changes to your diet.
You should never disregard medical advice or delay seeking it because of a statement you have read, seen, or heard on Our Website and/orour Services. Our Website and the Services should not be used in lieu of advice given by qualified medical professionals such as your doctor or registered dietitian. It is important that Our Websites and the Services are used only in conjunction with qualified medical guidance. If you know or suspect that you may be pregnant, have an eating disorder, have diabetes, or have any other physical or medical condition, it is imperative that you seek the advice of your doctor prior to using Our Website and/or the Services. If you experience any discomfort or pain during a diet or exercise routine you must immediately cease the activity and seek the assistance of a physician.
3. CURRENCY.
All sales are billed in USD as required by law.
4. REFUND POLICY.
All sales are final. We do not accept returns.
5. REGISTRATION.
You agree that all information provided to us upon registration and at all other times will be true, accurate, current, and complete. We will use the information you provide to us in accordance with our Privacy Policy, to which you agree to be bound. Please review the Privacy Policy on a regular basis as it may be updated from time to time.
6. WE MAY DISCONTINUE OR SUSPEND OUR SITE OR TERMINATE YOUR USE.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, Our Website (or any part thereof) with or without notice. You agree that We shall not be liable to you or any third party for any such modification, suspension or discontinuance of Our Website. In addition, we reserve the right to terminate your access to Our Website for any reason, and to take any other actions that we, in our sole discretion, believe to be in the interest of our company and of our users as a whole.
7. WE HAVE ALL RIGHTS IN OUR WEBSITE AND CONTENT; YOU GRANT US CERTAIN RIGHTS WHEN YOU SUBMIT CONTENT TO US.
(a) Our Website (including all text, photographs, graphics, video and audio content contained on Our Website) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. All individual articles, blogs, videos, content and other elements comprising Our Website are also copyrighted works, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by all additional copyright notices or restrictions contained on Our Website.
(b) The Site name, domain name, and logo are our trademarks, and may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of the Site, and may not be copied, imitated or used, in whole or in part, without our prior written permission.
(c) By posting or submitting content on or to Our Website (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are granting us, our affiliates, agents, third party contractors, and each other use of the Site a non-exclusive license to access your content, and the right to display (either in the form submitted or in the form of a derivative or adapted work), or publish such content, including without limitation on Our Website and through our affiliated publications, and elsewhere, and to store such content, and distribute such content and use such content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to us made by you from time to time, you understand and agree that (unless you and we agree otherwise) based solely on functionality provided and enabled by our website, we may, or may permit users to, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period. Your submission of any content to us irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity.
(d) You represent and warrant to us that (a) you are legally capable to enter into contracts, (b) you are providing us at all times true, accurate and up to date information about yourself, (c) you will comply at all times with the Terms of Use and applicable law, and (d) your use of Our Website and any transactions that you make with us will not violate the rights of any third party. In addition, you agree that you shall be solely responsible for your own submissions and the consequences of posting or publishing them. This includes, for example, any personal information, such as your home address, phone number, or email address, or those of others, or your current location. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF YOUR SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON OUR WEBSITE. You may not post content intended to provide professional advice, including the provision of medical advice, or advertising of any kind. In connection with each of your submissions, you affirm, represent, and/or warrant that: (I) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Terms of Use; and (II) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms of Use. In furtherance of the foregoing, you agree that you will not: (I) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (II) publish falsehoods or misrepresentations that could damage us or any third party; (III) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (IV) post advertisements or solicitations of business. We reserve the right to remove or not publish submissions without prior notice. You understand that when you submit content in any form to Prevail Botanicals or Our Website we may authorize such content to be distributed or syndicated to or published on other Prevail Botanicals-branded environments. We may remove content posted by you for any reason.
8. INFRINGEMENT OF YOUR COPYRIGHT. If you believe that any material on the Site infringes upon any copyright that you own or control, or that any link on the Site directs you to another web site that contains material that infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent, as follows:
NOTICE AND PROCEDURE FOR NOTIFYING DESIGNATED AGENT OF CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. 512(c)(3), the following information must be provided to our Designated Agent for notifications, Copyright Agent, hello@prevailbotanicals.com.
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(d) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(g) Should you fail to comply with all of the aforementioned requirements in your notice, your notice may not be valid.
(h) It is our policy to terminate the accounts of any user who is a repeat infringer or who is repeatedly charged with infringement, whether or not such charges are accurate, in appropriate circumstances, as we shall determine in our sole judgment.
9. YOUR USE OF OUR CONTENT IS RESTRICTED.
(a) Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, link to or from, or in any way exploit any part of Our Website or any content thereon, except as permitted under the last sentence of this Section 4(a) and except that you may make one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing (but subject to the last sentence of this Section 4(a)), you may not distribute any part of this Site or any content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Just as we from time to time excerpt materials from other sources in order to support the various commentaries and writings contained herein, we respect the right of others to make "fair use" of the materials contained on Our Website; accordingly, you may from time to time excerpt and use materials set forth on this site consistent with the principles of "fair use" under the United States Copyright Act.
(b) We are concerned about the integrity of Our Website when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with the content of Our Website. Neither you nor any third party shall make use of the contents of Our Website in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us. Additionally, you agree not to use Our Website or Services to:
a. upload, post, email, transmit or otherwise make available any content that is owned or controlled by any other party, or is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Site official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through Our Website;
e. upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or which would violate any right of publicity, right of privacy or other right of any party without first obtaining permission of the owner of such right. This includes group or individual portraits of people taken by professional photographers. Photos of people may only be used with the permission of the individual whose image is portrayed (or for minors, the permission of their parent or guardian). This includes celebrities and professional athletes, as well as ordinary citizens;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
h. upload, post, email, link, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. interfere with or disrupt Our Website or servers or networks connected to Our Website or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
j. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
k. “stalk” or otherwise harass another;
l. collect or store personal data about other you;
m. link to or refer to content not allowed under these Terms Of Use; or
n. otherwise use the Service in a manner deemed inappropriate
10. WE ARE NOT RESPONSIBLE FOR AND DO NOT NECESSARILY HOLD THE OPINIONS EXPRESSED BY OUR CONTENT CONTRIBUTORS.
Opinions and other statements expressed by users and third parties (e.g., bloggers) are theirs alone, not opinions of prevailbotanicals.com. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through Our Website and/or Services, Prevail Botanicals is not undertaking any obligation or liability relating to the content. Prevail Botanicals and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor Our Website for inappropriate or unlawful content. Prevail Botanicals and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, Prevail Botanicals reserves the right to block or remove communications, postings or materials at any time in our sole discretion.
11. YOU WILL BE RESPONSIBLE FOR ANY HARM WE SUFFER AS A RESULT OF YOUR VIOLATION OF THESE TERMS OF USE OR ANY BREACH BY YOU OF YOUR REPRESENTATIONS AND WARRANTIES.
You agree to defend, indemnify and hold harmless Prevail Botanicals and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms of Use or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section 6. In such event, you shall provide us with such cooperation as is reasonably requested by us.
12. YOUR USE OF OUR WEBSITE IS SUBJECT TO CERTAIN DISCLAIMERS.
OUR WEBSITE IS AVAILABLE "AS IS." WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS SITE OR AVAILABLE THROUGH LINKS ON OUR SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR SITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, "TROJAN HORSES" OR OTHER DESTRUCTIVE MATERIALS TO OUR SITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SITE AND ANY MATERIALS AVAILABLE THROUGH OUR SITE, YOU DO SO SOLELY AT YOUR OWN RISK.
OUR SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON OUR SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US IN ANY WAY AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES. WE MAKE NO REPRESENTATIONS THAT OUR WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THE RESULTS THAT YOU MAY GAIN FROM YOUR USE OF OUR WEBSITE AND/OR THE ONLINE COURSES.
13. WE ARE NOT RESPONSIBLE FOR LINKED SITES.
We are not responsible for the availability or content of other services that may be linked to OR from Our Website. Because We have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.
14. WE MAY BE LEGALLY COMPELLED TO DISCLOSE CERTAIN INFORMATION.
You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.
15. OUR LIABILITY TO YOU IS LIMITED.
Prevail Botanicals and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to Our Website or the Services, or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in Our Website or the Services (including, without limitation, as a result of breach of any warranty or other term of these Terms of Use. Any claim against us shall be limited to the amount you paid, if any, for use of Our Website or the applicable Services. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.
16. YOU WILL TRANSACT WITH US ELECTRONICALLY.
You agree to transact with us electronically. This means that if you wish to transact or communicate with us, you agree to do so by electronic means. You authorize us to send you important notices about Our Website and any pending transactions to an email address you provide to us, if you have purchased access to any of our Services or otherwise provided your email address to us or, in the alternative, by posting a notice on Our Website. It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use Our Website.
17. YOU ARE RESPONSIBLE FOR YOUR OWN ACCESS.
You are responsible for obtaining at your own expense all equipment and services needed to access and use Our Website and the Services, including all devices, Internet browsers and Internet access. If you access Our Website, a Website application or any of our Services through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.
18. YOU MAY NOT SHARE YOUR USERNAME AND PASSWORD.
In the event you are provided with a user name and password to access any part of Our Website, including without limitation, the Services to which you have purchased access, you agree not to share, give or sell your password or username to any other person or company. Excessive viewings or logins by you will be construed by us as fraudulent use of Services, which will result in the immediate cancellation of your access to the Services without refund. When purchasing access to a Service, you agree to take all actions possible to protect your username and password from fraudulent use.
19. WE DO NOT TARGET CHILDREN UNDER AGE 13.
Due to the nature of the Internet, we cannot prohibit minors from visiting Our Website, including without limitation, our Services. Our Website and our Services are not directed toward children under the age of 13 and we do not knowingly collect information from children under the age of 13 through Our Website or the Services. If you believe that a child has provided information to us through Our Website or the Services, please contact us by email at hello@prevailbotanicals.com. We will use our best efforts to remove all of the information provided by the child from our system.
20. YOU NEED TO BRING ANY ACTION AGAINST US WITHIN ONE YEAR.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Our Website, your use of Our Website, or your access to and use of the Services or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
21. YOU MUST ABIDE BY APPLICABLE INTERNATIONAL LAWS.
Due to the global nature of the Internet, you agree to comply with all applicable laws and rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
22. ANY DISPUTE BETWEEN US WILL BE GOVERNED BY CALIFORNIA LAW.
The Terms of Use, which are subject to our Privacy Policy, constitutes the entire agreement between you and us and governs your use of the Services, superseding any prior agreements between you and us. The Terms of Use and the relationship between you and us shall be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Barbara, California, USA. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. Notices to you may be made via email, if we have your email address. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
23. SURVIVAL OF PROVISIONS.
Sections 1, 2, 4, 5, 7, 9, 10, 11, 12, 14, 15, 20, 22, and 23 shall survive termination of the Terms of Use.
BY CONTINUING TO USE OUR SITE, YOU AGREE TO ABIDE BY THESE TERMS OF USE. The caption to each Section of these Terms of Use are for convenience of reference only and shall be ignored in the construction or interpretation hereof.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES, NOR OUR OFFICERS, OWNERS, MANAGERS, OR EMPLOYEES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR INCONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS. THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
Copyrighted 2020 by Prevail Botanicals LLC. ALL rights reserved. No part of this site or products and services contained therein may be copied, or changed in any format, sold, or used in any way other than as set forth in these Terms of Use without express permission from Prevail Botanicals LLC.