Website Terms of Service

Last modified:  January 31, 2020

 

OVERVIEW

 These Website Terms of Service (“Terms”) apply to websites (each a “Website” and collectively the “Websites”) operated by Balanced Health Botanicals, LLC (“the Company,” “we”, “us” and “our”), including www.thecbdistillery.com, www.cbdistillery.com, www.botaskin.com, www.balancedhealthbotanicals.com, www.thecbdistillery.co.uk, www.balancedhealthbotanicals.co.uk and www.botaskin.co.uk, as well as content accessible via the Websites (including any Website page or separately-formatted features, tools, or other content, collectively, “Content”) that either link to these Terms or for which no separate Terms are provided. We offer the Websites and Content conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

Please read these Terms carefully before accessing or using our Websites, Content, or the services available via the Websites (the “Services”). By accessing or using any part of our Websites, Content, or the Services, you signify that you have read, understand and agree to be bound by these Terms and the Privacy Policy applicable to the Websites with which you interact (for U.S. residents, see www.balancedhealthbotanicals.com/privacy-policy; for non-U.S. residents, see www.balancedhealthbotanicals.co.uk/privacy-policy, incorporated herein by reference. You agree that all information you provide to register with the Websites or otherwise, including, but not limited to, through the use of any interactive features on the Websites is governed by the applicable Privacy Policy, and you consent to all actions we take with respect to your information consistent with that Privacy Policy.  If you do not agree to all the terms and conditions of this agreement, then you may not access the Websites or Content or use any of our Services.

 

The Websites are not intended for use by children or individuals not able to lawfully utilize our products or services. By using our Websites, you represent and warrant that (i) you are of legal age to form a binding contract with us, (ii) you are at least the age of majority in your state or province of residence, (iii) that you are of sufficient age to purchase any products on the Websites or to utilize any Services and that you give us your consent to allow any of your minor dependents to use our Websites (which does not permit them to use our products or Services).  You are responsible for making all arrangements necessary for you to have access to our Websites and for ensuring that all persons who access our Websites through your internet connection or mobile device are aware of these Terms and comply with them.  If you are not able to make the representations and warranties listed above, you must exit the website immediately. It is your sole responsibility to determine if you are of legal age to purchase the products or Services sold on this website. 

 

Any new Content which are added to a current Website shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. The date the Terms were last revised is identified at the top of the page. We reserve the right to update, change, replace or withdraw any part of our Websites, Content, Services, and these Terms in our sole discretion and without notice. Such modifications shall become effective immediately upon the posting thereof. It is your responsibility to check this page periodically for changes. Your continued use of or access to a Website, Content, or the Services following the posting of any changes constitutes acceptance of those changes.

 

To use our Services or Content, or access our Websites, you may be asked to provide certain registration details or other information.  It is a condition of your use of the Websites, Content and Services that all the information you provide on the Website is correct, current, and complete.  If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.  You also acknowledge that your account is personal to you and agree not to provide any other person with access to our website or portions of it using your name, password, or other security information.  You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.  You also agree to ensure that you exit from your account at the end of each session.  You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.  We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.  We rely on your representation as to your age, location, and other personal characteristics when providing you access to the Services.  If we determine that such representations are incorrect, we may terminate your access to the Websites, Content, and the Services, and notify law enforcement if we deem it necessary to do so as described herein.

 

 

SECTION 1 – ONLINE STORE TERMS

You may not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).  You must not transmit any worms or viruses or any code of a destructive nature.  A breach or violation of any of the Terms will result in an immediate termination of your access to the Websites and Content and your use of the Services.

 

SECTION 2 – GENERAL CONDITIONS

 We reserve the right to refuse the Services to anyone for any reason at any time.  You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the Websites through which the Services are provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

 We are not responsible if information made available on the Websites or through the Content is not accurate, complete or current. The material on the Websites and the Content are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Websites or the Content is at your own risk.  This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of a Website and the Content at any time, but we have no obligation to update any information on our Websites or Content. You agree that it is your responsibility to monitor changes to our Websites and to the Content.

 

 

SECTION 4 – PRODUCTS

Certain products may be available exclusively through the Services. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.  Any offer for any product or service made on a Website is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.  For full details on transactions involving our products, through the Services or otherwise, please see our Terms and Conditions for the Sale of Goods.

 

We have made every effort to display as accurately as possible the colors and images of our products that appear on the Websites. We cannot guarantee that your computer monitor’s display of any color will be accurate.  You acknowledges and understands that electronic communications may be accessed by unauthorized parties when communicated across the internet, network communications facilities, telephone or other electronic means.  We are not responsible for any electronic communications and/or use of the Websites or the Services which are delayed, lost, altered, intercepted or stored during the transmission of any data whatsoever across networks not owned and/or operated by us, or that may result from your systems or technology or that of your internet service provider .

 

SECTION 5 – MODIFICATIONS TO THE WEBSITES, CONTENT, PRODUCTS AND SERVICES

We reserve the right, in our sole discretion, at any time without obligation, to modify or discontinue the Websites, Content, any products or Services (or any element or part thereof) without notice at any time, or to limit our products or Services to any person, geographic region or jurisdiction on a case-by-case or wholesale basis.  We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Websites, Content, products or Services.

 

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

 We reserve the right to limit or terminate your use of the Services in our sole discretion. For example, we may in our sole discretion limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we restrict or prevent your use of the Services, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by individuals not permitted by law to utilize our Services, dealers, resellers or distributors.

 

You agree to provide current, complete and accurate purchase and account information and to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Return Policy.

 

SECTION 7 – THIRD PARTY TOOLS AND LINKS

 We may provide you with access to third-party tools, including third-party websites, over which we neither monitor nor have any control nor input. You acknowledge and agree that, unless otherwise provided herein or in the applicable Privacy Policy, we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.  Any use by you of optional tools offered through our Websites, Content or the Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 

Certain content, products and services available via our Websites, Content or Services may include materials from third-parties.  Third-party links on the Websites or in the Content may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.  We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 If, at our request or of your own volition, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us, and you grant us a royalty free, worldwide, perpetual, irrevocable, transferable license to use, modify, distribute and incorporate into the Services (without attribution of any kind) any suggestions, enhancement request, recommendations, correction or other feedback or information you may provide.  We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.  We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, is a medical claim, or otherwise objectionable or violates any party’s intellectual property or these Terms.  You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 10 – PERSONAL INFORMATION

 Your submission of personal information through the store is governed by the applicable Privacy Policy. By using our Websites, Content or Services you consent to all actions taken by us with respect to your information in compliance with that Privacy Policy. 

 

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

 Occasionally there may be information on our Websites, the Content or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any Website is inaccurate at any time without prior notice (including after you have submitted your order).  We undertake no obligation to update, amend or clarify information in the Content, Service or on any Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Content, Service or on any Website, should be taken to indicate that all information in the Service or on any Website has been modified or updated.  You acknowledge that your use of any information available through a Website is at your own risk. Access to all or parts of any of a Website may be suspended at any time without notice.

 

SECTION 12 – INTELLECTUAL PROPERTY RIGHTS

 Our Websites and their entire contents, features, and functionality (including but not limited to all Content, information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms permit you to use our Websites and Content for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Content on our Websites, except as follows:

 

 

You must not:

 

 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Websites or Content in breach of the Terms, your right to use our Websites will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to our Websites or any Content is transferred to you, and all rights not expressly granted are reserved by us. Any use of our Websites or Content not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

 

SECTION 13 – TRADEMARKS

Our name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ours or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on our Website or in the Content are the trademarks of their respective owners.

 

SECTION 14 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms, you are prohibited from using our Websites, their Content or the Service: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any Website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any Website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any Website for violating any of the prohibited uses.

 

SECTION 15 – USER CONTRIBUTIONS

Our Websites may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through our Websites. All User Contributions must comply with these Terms. Any User Contribution you post to our Websites will be considered non-confidential and non-proprietary. By providing any User Contribution on our Websites, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a royalty free, worldwide, perpetual, irrevocable, transferable license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You represent and warrant that:

 

 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of our Websites.

 

We have the right to:

 

 

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Websites. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

 

However, we do not undertake to review material before it is posted on our Websites, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

The following content standards apply to any and all User Contributions and use of Interactive Services.  User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations.  Without limiting the foregoing, User Contributions must not:

 

 

 

 

SECTION 16 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or our Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Websites for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES, CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER US NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF OUR WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER US NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT OUR WEBSITES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR WEBSITES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON OUR WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

 

THE WEBSITES CONTAIN GENERAL INFORMATION AND CONTENT ABOUT DIET, HEALTH, AND NUTRITION. THIS INFORMATION AND CONTENT IS NOT MEDICAL ADVICE, AND SHOULD NOT BE TREATED AS SUCH. THE CONTENTS OF THE WEBSITES ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.

 

WE MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN RELATION TO ANY HEALTH INFORMATION ON THE WEBSITES.  YOU MUST NOT RELY ON THE INFORMATION ON THE WEBSITES AS AN ALTERNATIVE TO MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER PROFESSIONAL HEALTHCARE PROVIDER. IF YOU THINK YOU MAY BE SUFFERING FROM ANY MEDICAL CONDITION, YOU SHOULD SEEK MEDICAL ATTENTION. YOU SHOULD NEVER DELAY SEEKING MEDICAL ADVICE, DISREGARD MEDICAL ADVICE, OR DISCONTINUE MEDICAL TREATMENT BECAUSE OF INFORMATION YOU FOUND ON THE WEBSITES OR IN MATERIALS PROVIDED BY ANY COMPANY REPRESENTATIVE, NONE OF WHICH INFORMATION IS INTENDED TO BE A SUBSTITUTE FOR MEDICAL DIAGNOSIS, ADVICE OR TREATMENT. IF YOU ARE CONSIDERING MAKING ANY CHANGES TO YOUR LIFESTYLE, DIET OR NUTRITION, INCLUDING TAKING ANY PRODUCTS SOLD TO YOU BY THE COMPANY, YOU SHOULD CONSULT WITH YOUR DOCTOR OR OTHER HEALTHCARE PROVIDER BEFORE DOING SO. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.  NEITHER THE COMPANY NOR ITS REPRESENTATIVES ARE PROVIDING ANY MEDICAL ADVICE, AND NONE SHOULD BE INFERRED, FROM ANY IDEAS, SUGGESTIONS, TESTIMONIALS OR OTHER INFORMATION SET FORTH ON THIS WEBSITE OR IN OTHER COMPANY MATERIALS OR PROVIDED OVER THE PHONE OR IN EMAIL CORRESPONDENCE.

 

SECTION 17 – INDEMNIFICATION

 You agree to indemnify, defend and hold us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claims, demands, liabilities, damages, judgments, awards, losses, costs, expenses or fees, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, your use of our Websites, including, but not limited to, your User Contributions, any use of the Websites’ Content, Services, and products other than as expressly authorized in these Terms of Service, your use of any information obtained from our Websites, or your violation of any law or the rights of a third-party.

 

SECTION 18 – SEVERABILITY

 In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 19 – TERMINATION

 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Websites and Content. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Websites, Content or Services (or any part thereof).

 

SECTION 20 – ENTIRE AGREEMENT

 The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this Websites, in the Content, or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of our Websites, Content and the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

 

SECTION 21 – GOVERNING LAW

All matters relating to our Websites, Content, and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado in the United States of America, without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms, our Websites, Content or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado, in each case located in Arapahoe County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your county or country of residence or any other relevant county or country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

SECTION 22 – CHANGES TO TERMS OF SERVICE

 You can review the most current version of the Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Websites. It is your responsibility to check our Websites periodically for changes. Your continued use of or access to our Websites, Content or the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

 

SECTION 23 – CONTACT INFORMATION

 Questions about the Terms should be sent to us at customersupport@botaskin.com

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All questions emailed to customer service will be answered as quickly as possible but are guaranteed within 1-2 business days.