Legal Disclaimer

 

Garden of Healing

Legal Disclaimer

 

Welcome to our Web site (the "Web site"). Garden of Healing ("Garden of Healing, "we," "us," or "our") provides the following Terms and Conditions Agreement (the "Agreement" to govern your use of the Internet Web site owned and operated by Garden of Healing (the "Service.") Please carefully review this entire Agreement. The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained in the Agreement. Your use of the Service constitutes your binding consent to all such terms, conditions, and notices. If you do not agree to be bound by this Agreement, you are not authorized to use this Service.

Privacy Policy
You agree and consent to the terms of the Garden of Healing Privacy Policy. Please click here for a copy of the Privacy Policy. The privacy policy also governs your visit to the Web site so you understand our privacy practices.

Accuracy of Information
We attempt to be as accurate as possible when describing our products on the Web site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, or other content on the Web site is accurate, complete, reliable, current, or error-free.

Disclaimer
THE WEB SITE IS PROVIDED “AS IS”. GARDEN OF HEALING MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO THE WEB SITE OR OTHER CONTENT OR WEB SITES THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE WEB SITE. GARDEN OF HEALING DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.

GARDEN OF HEALING DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW AND ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPREITARY RIGHTS, WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS OF THE SERVICE, OR ANY PART THEREOF, WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA, AND WARRANTIES RELATING TO THE PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY GARDEN OF HEALING OR ANY THIRD PARTY. GARDEN OF HEALING MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, THAT THE INFORMATION PROVIDED THROUGH THE WEB SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATIONS. ANY INFORMATION ON THIS WEB SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES.

THERE IS NO WARRANTY THAT THE WEB SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEB SITE, THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED.

Intellectual Property
All content available on the Web site, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (the "Content") is the property of Garden of Healing, our affiliates, our partners or our licensors, and is protected by United States and international copyright laws.

The trademarks, logos, and service marks displayed on the Web site (collectively, the "Trademarks") are the registered and unregistered marks of Garden of Healing, our affiliates, our licensors or our partners, in the United States and other countries, and are protected by United States and international trademark laws.

All other Trademarks not owned by us, our affiliates, our partners or our licensors that appear on the Web site, are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

Under applicable copyright and trademark laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any content owned by Garden of Healing or their respective owners.

No Professional Advice
Any information supplied through the Service or by any employee or agent of Garden of Healing, whether by telephone, e-mail, letter, facsimile, or other form of communication, is for educational purposes or general guidance on the use of the Service, and does not constitute medical, legal, tax, accounting, or other professional advice. Health-related information provided through the service is not a substitute for medical advice nor can it be relied upon as preventative care, cure, or treatment for any disease or medical condition and it is important that you not make medical decisions without first consulting your personal physician or health care practitioner. The receipt of any questions or feedback you submit to Garden of Healing does not create a professional relationship and does not create any confidentiality privileges beyond those described in our Privacy Policy. Your use of information available on or through this Web site is your own responsibility and own risk.

Modification of This Agreement
Garden of Healing reserves the right to amend this Agreement at any time without prior notice. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms and Conditions to which you are bound. Your use of the Service after the posting of modifications to this Agreement will constitute your acceptance of this Agreement, as modified. If at any time you do not wish to accept this Agreement, you are not thereafter authorized to use the Service.

Third-Party Links
We are not responsible for the content of any off-Web site pages or any other Web sites linked to or from the Web site. Links appearing on the Web site are for your convenience only and are not an endorsement by us, our affiliates, or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Web site pages or other Web sites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of off-Web site pages or any other Web sites linked to or from the Web site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and Web sites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off Web site pages and other Web sites that you visit.

Choice of Law and Forum This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, excluding its conflict of law rules. You and Garden of Healing expressly agree to submit to the exclusive jurisdiction and venue of the courts in Wisconsin in all disputes arising out of or relating to the use of this Service.

International Use
These web pages are controlled and operated by Garden of Healing and its affiliates in the United States. Garden of Healing makes no representation that the content on these pages are appropriate or compliant with any applicable laws outside the United States. If you access these pages from locations outside the United States you do so at your own risk and you are solely responsible for compliance to local laws.

Limitation of Liability
In no event will Garden of Healing or its affiliates or any party involved in creating, producing, or delivering this service, be liable for any direct, incidental, consequential, indirect, special, or punitive damages arising out of your access, use, misuse, or inability to use this service or any linked services, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure.

Garden of Healing reserves the right to alter the content of this service in any way, at any time, for any reason, without prior notification, and will not be liable for possible consequences of such changes. These limitations apply even if Garden of Healing has been advised of the possibility of such damage.

Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Garden of Healing’s liability in such jurisdictions shall be limited to the extent permitted by law.

Indemnification
You agree to defend, indemnify, and hold us harmless for any loss, damages, or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Web site or your breach of the Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

Garden of Healing does not warrant that the Service content will be available at any time or from any particular location, will be secure or error-free, or that the Web site content or its Web site is free of viruses or other potentially harmful components. Garden of Healing may also at its sole discretion modify or suspend the features, availability, operation and/or look and feel of the Service content from time to time without notice to you.

Garden of Healing is not responsible for any problems or technical issues outside of Garden of Healing’s reasonable control, including outages in telephone/data network or lines and problems or traffic congestion on the Internet. Under no circumstances is Garden of Healing responsible for any loss or damage, include personal injury or death, resulting from anyone’s use of Garden of Healing’s Web sites. Garden of Healing cannot guarantee and does not promise any specific results from use of the Service. Your use of the service is at your own risk.

No Waiver
The failure of Garden of Healing to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.

Use of Communication Services
The Garden of Healing web sites may contain chat areas and/or other message or communication facilities, such as links to social media webpages administered by Garden of Healing, designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), 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. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

Conduct or forward surveys, contests, pyramid schemes or chain letters.

Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

Restrict or inhibit any other user from using and enjoying the Communication Services. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

Harvest or otherwise collect information about others, including email addresses, without their consent.

Violate any applicable laws or regulations.

Garden of Healing has no obligation to monitor the Communication Services. However, Garden of Healing reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.

Garden of Healing reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Garden of Healing reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Garden of Healing’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Garden of Healing does not control or endorse the content, messages or information found in any Communication Service and, therefore, Garden of Healing specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Materials Provided to Garden of Healing or Posted on the Garden of Healing Websites
Garden of Healing does not claim ownership of the materials you provide to Garden of Healing (including feedback and suggestions) or post, upload, input or submit to any Garden of Healing Websites or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Garden of Healing, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Garden of Healing is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Garden of Healing’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission.

Online Promotions: Terms & Conditions
Garden of Healing, in its sole discretion, reserves the right to suspend or cancel any and all promotional offers or ongoing sale pricing on products offered on our website at any time without notice to any consumer.

Limit one promo offer per order. Not valid on previous orders our auto-ship subscriptions. Product prices and availability are subject to change. Online promotions only valid at GardenOfHealing.com. Refer to each specific email, direct mail, print ad, digital ad or other forms of advertisement for promo offers, if applicable, and valid dates of the sale. Offers end at 11:59 pm Central Time on the stated expiration date.

Standard shipping
Packages shipped within the 48 contiguous states are shipped for a minimum fee regardless of dollar amount or size. A surcharge may apply to packages weighing over 25 pounds. UPS is our primary standard service carrier for all orders. We reserve the right to change or choose any carrier we see fit, at any time, and without notice. We do not ship to PO Boxes. Please use a valid address as your shipping destination. Please allow 5-7 business days from ship date for delivery. Please note we ship Monday to Friday, excluding U.S. holidays. For specifics surrounding our shipping policy, information and rates, please CLICK HERE.

International Orders
Sorry, currently we do not ship outside of the United States. We limit shipping to the 48 contiguous states.

Miscellaneous
You and Garden of Healing agree no joint venture, employment, partnership, or agency relationship exists between you and Garden of Healing as a result of this agreement or your use of this Web site. The terms set forth in this agreement pertain to your use of Garden of Healing’s Web sites. If you do not agree to these Terms, you are not authorized to access or use this service.

 

 

 

 

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