Terms & Conditions — NovaBotanic

These Terms & Conditions govern your access to and use of the NovaBotanic website (the "Website"), including all content, functionality, and services offered on or through it. They are entered into between you and NovaBotanic (the "Company").

Please read this agreement carefully before using the Website. By using the Website or clicking to accept this agreement, you agree to be bound by these Terms and the Company's Privacy Policy, incorporated here by reference. If you do not agree, you must not access or use the Website.

This Website is available to users who are 18 years of age or older. By using the Website, you confirm that you are of legal age to form a binding contract and meet all eligibility requirements.

1 Changes to the Agreement

The Company may revise and update this agreement at its sole discretion. All changes are effective immediately upon posting and apply to all access and use of the Website from that point forward.

Changes to the dispute resolution provisions will not apply to disputes for which the parties had actual notice before the change was posted. Your continued use of the Website after posting of a revised agreement means you accept and agree to those changes. You are expected to check this page regularly.

2 Website Access & Account Security

The Company may withdraw or amend this Website, and any service or material provided on it, at its sole discretion and without notice. The Company will not be liable if all or part of the Website is unavailable at any time or for any period.

You are responsible for:

Making all arrangements necessary for you to access the Website.
Ensuring that all persons who access the Website through your internet connection are aware of and comply with this agreement.

All information you provide to register or use the Website must be correct, current, and complete. Any username, password, or security credentials must be kept confidential and not shared. Your account is personal to you. Notify the Company immediately of any unauthorised access or breach of security. The Company may disable any username or password at any time in its sole discretion.

3 Intellectual Property Rights

The Website and its entire contents, features, and functionality are owned by the Company, its licensors, or other material providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

This agreement permits you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material on the Website, except:

Your computer may temporarily store copies in RAM incidental to viewing those materials.
Files automatically cached by your browser for display enhancement.
One copy of a reasonable number of pages for your personal, non-commercial use only.
A single copy of any downloadable application to your device for personal, non-commercial use.

You must not modify, use illustrations or media separately from their accompanying text, or delete any copyright, trademark, or proprietary rights notices from copies of materials from this Website.

Any use of the Website not expressly permitted by this agreement is a breach and may violate copyright, trademark, and other applicable laws.

4 Trademarks

The NovaBotanic name, logo, and all related product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use those marks without the Company's prior written permission. All other names, logos, and slogans on this Website are the trademarks of their respective owners.

5 Prohibited Uses

You may use the Website only for lawful purposes and in accordance with this agreement. You must not use the Website:

In any way that violates applicable federal, state, local, or international law or regulation.
To exploit, harm, or attempt to exploit or harm minors in any way.
To send unsolicited advertising or promotional material, including spam or chain letters, without the Company's written consent.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website.

Additionally, you must not:

Use the Website in any manner that could disable, overburden, damage, or impair it.
Use any robot, spider, or other automated device to access the Website for any purpose, including monitoring or copying material.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce viruses, trojan horses, worms, logic bombs, or other malicious or technologically harmful material.
Attempt to gain unauthorised access to any part of the Website, the server it runs on, or any connected system.
Attack the Website via a denial-of-service or distributed denial-of-service attack.

6 Reliance on Information Posted

Information presented on or through the Website is made available solely for general information purposes. The Company makes no warranty about the accuracy, completeness, or usefulness of this information. Any reliance you place on it is strictly at your own risk.

This Website may include content provided by third parties. All statements or opinions in such materials are solely the responsibility of the person or entity providing them and do not necessarily reflect the opinion of the Company. The Company is not responsible or liable for the content or accuracy of any third-party materials.

7 Online Purchases & Other Terms

All purchases through the Website are governed by the Website's Terms of Sale, incorporated into this agreement. Additional terms may apply to specific portions, services, or features of the Website and are incorporated here by reference.

8 Linking to the Website

You may link to the Website's homepage provided you do so in a way that is fair and legal and does not damage the Company's reputation. You must not establish a link in a way that suggests any form of association, approval, or endorsement on the Company's part without its express written consent.

9 Third-Party Links

If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. The Company has no control over the contents of those websites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you access any third-party website linked from this Website, you do so entirely at your own risk.

10 Electronic Communications

By providing your email address, you consent to receiving electronic communications from the Company regarding your order. You also consent to receiving newsletters about new features, special offers, promotional announcements, and customer surveys via email. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources linked in those communications.

11 Geographic Restrictions

The Company is based in the United States and provides this Website for use primarily by persons located in the United States. The Company makes no claims that the Website or its content is accessible or appropriate outside the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

12 Health Disclaimers

Before using any NovaBotanic product, we strongly recommend consulting with your physician or other qualified health provider and obtaining medical permission.

Any references to physical or mental health on the Website constitute an educational service consisting solely of general health information. The materials are provided "as is" and without warranties of any kind.

Not a Substitute for Professional Medical Advice

The Website's content is not a substitute for direct, personal, professional medical care and diagnosis. None of the treatments or products mentioned should be used without clearance from your physician or healthcare provider. Neither the Company nor its owners are medical professionals.

Health Risks

There may be risks associated with activities or products mentioned on the Website. If you choose to participate, you do so of your own free will, knowingly and voluntarily assuming all associated risks.

Injuries or Death

You will hold the Website, its owner, agents, and employees harmless from all liability for claims for damages due to injuries or death arising out of or relating to activities discussed on this Website, excepting only claims for gross negligence or intentional tort.

13 Disclaimer of Warranties

The Company cannot guarantee that files available for downloading from the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures to satisfy your anti-virus protection and data accuracy requirements.

Your use of the Website, its content, and any services or items obtained through it is at your own risk. The Website is provided "as is" and "as available," without any warranties of any kind, either express or implied. The Company disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, non-infringement, and fitness for a particular purpose.

14 Limitation on Liability

To the greatest extent provided by law, in no event will the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind arising out of or in connection with your use of, or inability to use, the Website, including any direct, indirect, special, incidental, consequential, or punitive damages — whether caused by tort, breach of contract, or otherwise, even if foreseeable.

The Company is also not liable for any spam emails that come from a third party claiming to be the Company, or from third parties promoting our products.

15 Indemnification

You will defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this agreement or your use of the Website.

16 Governing Law & Jurisdiction

These Terms and any dispute or claim arising from or related to them are governed by the laws of the State of Michigan, without giving effect to any choice or conflict of law provision.

Any legal action or proceeding not subject to arbitration will be instituted exclusively in the federal or state courts of the State of Michigan, although the Company may bring any action against you for breach of this agreement in your country of residence or any other relevant country. You waive all objections to jurisdiction and venue in those courts.

17 Arbitration

At the Company's sole discretion, it may require you to submit any disputes arising from this agreement or use of the Website to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association, applying Michigan law.

18 Class Action Waiver

All claims arising out of or relating to this agreement must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Unless the Company agrees otherwise, the arbitrator must not consolidate more than one person's claims.

19 Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to this agreement or the Website must be commenced within one (1) year after the cause of action accrues, otherwise that cause of action or claim is permanently barred.

20 Waiver & Severability

No waiver by the Company of any term in this agreement will be deemed a further or continuing waiver of that term or any other term. Any failure by the Company to assert a right or provision will not constitute a waiver of that right or provision.

If any provision of this agreement is held by a court to be invalid, illegal, or unenforceable, that provision will be eliminated or limited to the minimum extent so that the remaining provisions continue in full effect.

21 Anti-Spam Policy

NovaBotanic is committed to protecting internet user privacy. We support the protection of consumers' privacy rights as a fundamental element of our business. To this end, we maintain the following policies:

A. Message Recipient Policy

Before clients can receive NovaBotanic messages, advertising, or promotions, they must have agreed to receive such messages. Any recipient may request removal from our list at any time and we will comply with that request. We will thoroughly investigate any allegations of unsolicited messages.

B. Unsubscribe at Any Time

Every email message sent from NovaBotanic includes an unsubscribe link. If you wish to stop receiving any emails, simply click the unsubscribe link in any message to be added to our Do Not Email list.

C. Definition of Spam

Spam is unsolicited email sent in bulk. Any promotion or solicitation sent to a person without their prior consent, where there is no pre-existing relationship between sender and recipient, is spam.

D. Examples of Spam

Email sent to a recipient who previously opted out of receiving further messages.
Email sent to recipients with no prior association with or agreement to be emailed by the organization.
Email sent without a way for the recipient to opt out of future mailings.
Email without a valid "From" address, or containing false or misleading header or subject information.
Email harvested from websites, newsgroups, or other areas of the internet.

E. Policy Against Advertising Via Unsolicited Email

We require that all emails promoting NovaBotanic or its products be sent only to clients who have agreed to receive them. We prohibit advertising our brand using unsolicited email. Non-compliance will result in partnership or affiliate account termination. To report unsolicited emails promoting our brand, please contact our abuse department at support@novabotanic.com.

22 Entire Agreement

These Terms & Conditions, including the policies incorporated herein by express reference, constitute the entire agreement between you and NovaBotanic with respect to your use of our Website and supersede all prior understandings, agreements, representations, and warranties.

For questions about these Terms, please contact us at support@novabotanic.com.