Terms of Service
Effective as of September 1, 2020
The following Terms of Service (“Terms of Service”) are entered into by and between you and Lea Wester, ND doing business as Maia Botanicals (“Company”, “we”, “our” or “us”) when you visit www.maiabotanicals.com (the “Website”) and/or purchase anything from our Website store. The term “you” refers to the user or viewer of the Website and/or purchaser of any products from our Website.
This Website and its contents, products and services are offered and available only to users who are 18 years of age or older or have the legal ability to agree to these Terms of Service in the jurisdiction in which they are located. By accessing this Website, you represent and warrant that you are 18 years of age or older or legal age to form a binding contract with the Company and agree to these Terms of Service. If you do not meet all of these requirements, you must NOT access or use the Website or purchase anything from the Website.
This Website is hosted on Shopify Inc. (“Shopify”). Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.
Changes To the Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website and its contents, products and services. Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are advised to check this page from time to time, so you are aware of any changes.
The following disclaimers are applicable to your use of this Website and all its contents, services and/or any product available for purchase from the Website.
For Educational And Informational Purposes Only
This Website and all its contents and services are for educational and informational purposes only.
Not Medical, Health or Professional Advice
This Website and its contents and services are NOT intended as, and must not be understood or construed as, medical, naturopathic medical or health advice or the practice of medical or counseling care including, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis or advice.
While the owner of the Company is a naturopathic medical doctor and the content and products provided on this Website relate to health, the contents and products are not a substitute for medical or health advice from a licensed medical or health care professional who has knowledge of the facts and circumstances of your individual situation. If you have any concerns or questions about your health, you should always consult one-on-one with a licensed medical or health care professional. Do not disregard, avoid or delay obtaining medical or health related advice from a licensed medical or health professional because of something you may have read, viewed or heard on or in this Website or because of something you received from us. Do not stop taking any medications without speaking to your licensed medical or health care professional.
While we have done our best to ensure that the Website information is accurate and provides valuable information, the Company expressly recommends that you seek advice from a licensed medical or health care professional who has knowledge of the facts and circumstances of your individual situation.
Neither the Company nor any of its owners, members, officers, employees, contractors, affiliates or suppliers shall be held liable or responsible for any errors or omissions on this Website or in any of contents or for any damage you may suffer as a result of failing to seek competent medical or health advice from a licensed medical or health care professional who has knowledge of the facts and circumstances of your individual situation.
Products sold on or through this Website are not intended to diagnose, treat, cure or prevent any disease.
No Patient-Healthcare Provider Relationship
Your use of this Website, including implementation of any suggestions set out in this Website or purchase of any product from the Website, does not create a patient-healthcare provider relationship between you and the Company or any of its owners or other professionals associated with the Company.
Intellectual Property and Permitted Use
This Website and all its contents including without limitation, blogs, articles, videos and other material on or available through the Website, whether available for free or by purchase, are the property solely owned by the Company and/or our affiliates, licensors, or suppliers unless otherwise noted, and are protected by copyright, trademark and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained on or in the Website and its contents and will not make any changes thereto.
You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and its contents strictly in accordance with these Terms of Service and to use the products purchased on this Website solely for personal, non-commercial use.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Website and its contents in whole or in part.
No part of the Website, including the contents on the Website or products sold through the Website, is for resale. Your use of the Website and its contents or purchase of any products from the Website does not entitle you to make any unauthorized use of any such protected content or material, and in particular you will not delete or alter any proprietary rights or attribution notices on or in the Website, its contents or its products. You will use the Website and its contents and products purchased from the Websites solely for your individual, non-commercial use, and will make no other use of Website and its contents and products sold on the Website without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in the Website or its contents. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms of Service. If you purchase a product from our Website you may use such product solely for your individual, non-commercial use.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on or in this Website, its Contents or its Services are the trademarks of their respective owners. You are not permitted to remove any name, logo, product or service name, slogan or other similar mark from any products or contents from this Website.
Limitations on Linking and Framing. You may establish a hypertext link to the Website or its contents so long as the link does not state or imply any sponsorship of your site by us or by the Website. However, you may not, without our prior written permission, frame or inline link any of the content of the Website or incorporate into another website or other service any of the Website, its content or any of its other intellectual property.
As a condition of your use of the Website, you warrant to the Company that you will not use the Website or its contents or products purchased from the Website for any purpose that is unlawful or prohibited by these Terms of Service. You may not use the Website or its contents in any manner that could damage, disable, overburden, or impair the Website, or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
Materials Provided by You to the Website and Your Use of Communication Services
Please choose carefully the materials that you upload to, submit to, or embed on this website. Any material you post on this Website becomes public. Always use caution when giving out any personally identifying information about yourself in any Communication Service. You are responsible for your material and for any liability that may result from the material you post on this Website. You participate, comment, and post material on this Website or any social media sites of Company at your own risk.
You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service, and you agree to post comments or other material only one time. Any communication by you on this Website and its Communication Services, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others.
Company has no obligation to monitor the posts, comments, or materials submitted on Communication Services or to enforce any intellectual property rights you may have in the material you post. However, Company in its sole discretion, at all times, may delete or modify, in whole or part, any post, comment or submission to this Website. Furthermore, we reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on this Website. Company shall not be responsible or liable for any loss or damage caused by your use of any Communication Services or third-party posts, comments, or materials on this Website.
No Unlawful or Prohibited Use or Conduct
You agree that you will not use the Website in any way that causes or is likely to cause the Website or its contents, or access to them, to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website.
As a condition of your use of the Website and its contents, you agree to use the Website and its contents only for lawful, legitimate, non-commercial purposes and that you will NOT use the Website its contents for any purpose that is illegal, false, fraudulent or prohibited by these Terms of Service. You agree that you will NOT use and understand that you are strictly forbidden from using the Website or its contents in any of the following ways:
- In any manner that could damage, disable, overburden, or impair the Website or its contents or interfere with any other party’s use and enjoyment of the Website, its contents;
- To conduct or carry out any unlawful, illegal, fraudulent or harmful activity or conduct activity with any such purpose;
- To send any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene, menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise injure others;
- To send, negatively impact, or infect our Website or its contents with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware;
- To send or infect our Website or its with software viruses or any other similar computer code designed to commercially solicit, or send chain letters, mass mailings or any spam, whether intended or not;
- To cause annoyance, inconvenience, anxiety, or fear;
- To impersonate any third party or otherwise mislead as to the origin of your contributions;
- To obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website or its contents to you.
- To transmit, send or deliver unsolicited communications or for other marketing or advertising purposes.
- To systematically or automatically collect data from this Website.
We reserve the right to terminate your access to any or all of the Website at any time without notice for any reason whatsoever and to any person that fails to comply with these Terms of Service.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website to users, including registered users.
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 this Website using your user 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 of Service.
Email And Other Electronic Communications
Visiting the Website or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on or in the Website, satisfy any legal requirement that such communications be in writing.
Links To Third Party Websites And Services
The Website may contain links to other Websites (“Linked Websites”). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Website or any association with its operators.
Certain services made available via the Website are delivered by third-party websites and organizations. By using the Website, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users and customers.
The Company may, from time to time, provide information from a third party in the form of an interview, guest blog post, or other medium. The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided and cannot guarantee the veracity of any statements made by such guests.
Reviews of Third-Party Products and Services and Affiliate Links
Reviews of Third-Party Products and Services
At various times, we may provide reviews of products, services, or other resources on this Website. This may include, without limitation, reviews of books, supplements, food or beverage items, and/or other products and services that we believe will be of interest and/or benefit to users of our Website. Any such reviews will represent the good-faith opinions of the author of such review. The products, services and resources reviewed may be provided to the Company for free or at a reduced price as an incentive to provide a review.
Regardless of any such discounts, we will provide honest reviews of these products, services and resources. We make no warranties, guarantees, or representations as to the effectiveness or safety of said products, services or resources. You recognize that you should conduct your own due diligence and should not rely solely upon any reviews provided on or in this Website.
We will disclose the existence of any discounts or incentives received in exchange for providing a review of a product, service or other resource. If you would like more information about any such discounts and incentives in association with a review you may contact us.
At various times, the Company may participate in affiliate marketing and may allow affiliate links to be included on the Website. This means that we may earn a commission if/when you click on or make purchases via affiliate links.
The Company will inform you when one of the links constitutes an affiliate link.
While we are committed to only affiliating with products, services, and other businesses and resources we believe will provide value to our Website users and customers, we make no warranties, guarantees, or representations as to the effectiveness or safety of said products or services or to statements of any individuals representing such products, services or businesses. You recognize that it remains your personal responsibility to investigate whether any affiliate offers are right for your personal circumstances and whether they will benefit you. You will not rely on any recommendation, reference, or information provided by the Company on this Website but will instead conduct your own investigation and will rely upon your investigation to decide whether to purchase the affiliate product or service.
From time to time, the Company will refer to other products, services, businesses, coaches, consultants, and/or experts on this Website. Any such reference is not intended as an endorsement or statement that the information provided by providers of such other products or services or coaches, consultants, or experts is accurate. The Company provides this information as a reference for users. It is your responsibility to conduct your own investigation and make your own determination about any such product, service, coach, consultant, and/or expert.
Errors And Omissions
This Website is a public resource of general information that is intended, but not promised or guaranteed, to be correct, complete, and up to date. While have taken reasonable steps to ensure that the information contained on or in this Website is accurate and provides valuable information, we cannot and do not represent or guarantee the accuracy of such information or that it is free of errors. You accept that the information contained on or in this Website may be erroneous, and you expressly agree not to rely upon any information contained on or in this Website. You agree to conduct your own due diligence to verify any information obtained from this Website prior to taking any action and making sure it is appropriate for your own situation.
Neither the Company nor any of its owners, officers, employees, contractors, suppliers or affiliates shall be held liable or responsible for any errors or omissions on or in this Website or in its contents or for any damage you may suffer as a result of such information.
Personal Responsibility and Assumption of Risk
By accessing this Website and its contents, products and services in any way and/or purchasing any products from the Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on or in this Website, its contents, products or services. You agree to use your own judgment and conduct your own due diligence before taking any actions or implementing anything mentioned or suggested on or in this Website.
Neither the Company nor any of its owners, officers, employees, contractors, suppliers or affiliates shall be held liable or responsible for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
For further avoidance of doubt and clarification, the Company expressly directs that you should always conduct your own due diligence in respect of the safety of any product sold on this Website with respect to their personal situation before using any product sold on this Website. The Company accepts no liability in the unlikely event of an adverse reaction occurring when anyone uses any product sold on this Website.
No Guarantees As To Results
You agree that the Company has not made any guarantees about the results of taking any action, whether recommended on or in this Website or not, or about the use of any products purchased from Company and the Website. The Company provides educational and informational resources that are intended to help users of this Website and its products and services succeed in health or otherwise. You nevertheless recognize that outcomes will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others applying the principles or using the information set out in this Website or using products sold on this Website are no guarantee that you or any other person will obtain similar results.
At various places on this Website you may find testimonials from users of this Website or clients/customers of the products, services and/or other resources offered on or in this Website or by the Company. The testimonials are actual statements made by users of this Website or clients/customers of the products, services and/or other resources offered on or in this Website or by the Company and have been truthfully conveyed. However, while any testimonials or examples shown through the Website are truthful reports stated by real people (not actors), they do not guarantee or promise in any way that you might achieve the same outcome as each situation varies, and the results obtained by these users, clients and/or customers are not necessarily typical.
You specifically recognize and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using any products, services and/or other resources offered on or in this Website or any products purchased from this Website.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL INFORMATION ON AND IN THE WEBSITE, AND ITS CONTENT, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY AND APPROPRIATENESS OF OUR WEBSITE AND ITS CONTENTS, INCLUDING THE PRODUCTS OR SERVICES AVAILABLE FOR PURCHASE THEREIN, FOR ANY PURPOSE.
THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE, ITS CONTENTS, ITS PRODUCTS OR ITS SERVICES. FURTHERMORE, THE COMPANY MAKES NO WARRANTIES THAT THE WEBSITE OR ANY OF ITS CONTENT, PRODUCTS, SERVICES OR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS WEBSITE, ITS CONTENT, ITS PRODUCTS AND ITS SERVICES INCLUDING BULLETIN BOARDS, MEMBERSHIP PAGES OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THIS WEBSITE OR ANY OF ITS CONTENT, PRODUCTS OR SERVICES OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, SHALL THE COMPANY, ITS OWNERS, SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, OR CONTRACTORS, BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF USE, DATA OR PROFITS, OR ANY OTHER DAMAGES WHATSOEVER, ARISING FROM:
- YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE OR ITS CONTENT OR ANY WEBSITE OR CONTENT LINKED FROM THIS WEBSITE; OR
- YOUR USE OF ANY PRODUCT SOLD ON THIS WEBSITE.
THIS LIMITATION OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORIES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE COMPANY, ITS OWNERS, SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AND CONTRACTORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
BY USING OR VIEWING THIS WEBSITE, ITS CONTENTS, ITS PRODUCTS AND/OR ITS SERVICES, YOU AGREE TO THIS LIMITATION OF LIABILITY AND RELEASE THE COMPANY FROM ANY AND ALL CLAIMS.
Payment, Returns, Refunds and Exchanges for Products Purchased from the Website Store
We have made every effort to display as accurately as possible the colors and images of our products that appear on our Website store. We cannot guarantee that your computer monitor's display of any color will be accurate. Furthermore because our botanical products are made of natural ingredients, colors may vary between batches.
All descriptions of products on the Website are subject to change at any time in our sole discretion.
We reserve the right to limit the sales of our products to any person, geographic region or jurisdiction. We reserve the right to refuse any order you place with us. 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 make a change to or cancel an order, 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 dealers, resellers or distributors.
We reserve the right to limit the quantities of any products that we offer. We reserve the right to discontinue any product at any time. Any offer for any product made on this Website is void where prohibited.
Prices for products sold on our Website are subject to change at any time in our sole discretion.
When you purchase a product from the Website (a “Purchase”), you may pay by credit or debit card through our payment processor Shopify. By doing so, you give the Company permission to automatically charge your credit or debit card for payment. You will receive an electronic receipt following your Purchase, which you should retain for your records. If your payment method fails or is otherwise declined, you will not receive the product you attempted to purchase.
Since we have a clear and explicit Refund, Return and Exchange Policy that you agree to prior to your Purchase, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company. If any chargebacks are placed on a Purchase, we will report said incident to the major credit reporting agencies. Doing so could have a negative impact on your credit report and/or credit score. Should we need to do so and you would like to have this report removed from your credit report, please contact us to arrange for payment owed. Once payment owed is received, we will make the appropriate reports to the credit agencies.
All information obtained during your Purchase and all of the information that you give as part of the Purchase transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company.
Payment processing companies may have different privacy policies and practices than we do. We are not responsible for the policies of the payment processing companies. As with any online purchase, there are circumstances beyond our control which may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances. You hereby release us from any and all damages related to your payment or use of our payment processing companies in which you incur and further agree not to assert any claims against us or them for any damages which arise from your Purchase or use of our Website.
Accuracy of Billing and Account Information
You agree to provide current, complete and accurate purchase and account information for all purchases made on our Website store. You agree 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.
Returns, Refunds and Exchanges
All products purchased from our Website store are subject to our Return Policy. Please review this policy prior to purchasing any products from our Website.
The Website is controlled, operated and administered by the Company from our offices within the USA. If you access the Website, its products or its services from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will only use the Website, its contents, its products and its services in compliance with your local laws, if and to the extent local laws are applicable.
You agree to defend, indemnify and hold harmless the Company and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of this Website in violation of these Terms of Service, (ii) any breach by you of these Terms of Service or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to this Website, (iv) your use of materials or features available on this Website (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
If any portion of these Terms of Service is construed to be invalid, void or unenforceable for any reason, then that provision shall be deemed severable from these Terms of Service and it shall not affect the validity or enforceability of the remainder of the Terms of Service which shall be given full force and effect.
Any failure by the Company to enforce or exercise any provision of these Terms of Service shall not constitute a waiver of that right or provision and shall not be construed as a waiver of any subsequent breach by you.
If you have any questions about these Terms of Service, please contact us at email@example.com.