Terms of Use Agreement

Thank you for visiting the Starwest-Botanicals.com website (the "Site")! We have established the following terms and conditions so that we can ensure a safe and enjoyable experience for each and every visitor to our site. By using the Site, you agree to be bound by the terms set forth herein. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Any such modifications shall become effective immediately upon being posted on the Starwest-Botanicals.com Site. Your continued use of the Site after amendments are posted constitutes an acknowledgement and acceptance of this Agreement and its modifications. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from us or use our Site. Your continued access or use of the Site shall be deemed your acceptance of these changes and the reasonableness of these standards for notice of changes.

1. Disclaimer of Warranties.


The site is provided by Starwest Botanicals, Inc. (“Starwest Botanicals”) on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, neither Starwest Botanicals, nor our affiliates, officers, directors, employees, agents, vendors, or the like, make any representations or warranties of any kind, express or implied, regarding the use or the results of this Site in terms of its correctness, accuracy, reliability, or otherwise. Starwest Botanicals shall have no liability for any interruptions in the use of this Site. Starwest Botanicals disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. You acknowledge, by your use of this Site, that your use of this Site is at your sole risk, that you assume full responsibility for any and all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Site, and that Starwest Botanicals, Inc., shall not be liable for any damages of any kind related to your use of this Site.

All information contained on the Site, including information relating to medical and health conditions, products, and treatments, is for informational purposes only. It is often summarized or presented in aggregate form. It is not meant to be a substitute for the advice provided by your own physician or other medical professionals or any information contained on or in any product packaging or labels. Starwest Botanicals is not responsible for any statements or claims that various manufacturers make about their products and cannot be held responsible for typographical errors or product formulation changes. THE INFORMATION CONTAINED ON THIS SITE SHOULD NOT BE USED FOR DIAGNOSING A HEALTH PROBLEM OR PRESCRIBING A MEDICATION. YOU SHOULD CAREFULLY CONSULT ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCTS ON OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY PRODUCT PURCHASED ON THIS SITE. YOU SHOULD ALWAYS CONSULT YOUR OWN PHYSICIAN AND MEDICAL ADVISORS. 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 OR ILLNESS.

2. Limitation of Liability


UNDER NO CIRCUMSTANCES SHALL STARWEST BOTANICALS, INC., OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DISTRIBUTION OF THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF STARWEST BOTANICALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

3. Links to Third-Party Sites


Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage you to review said privacy policies of third-parties’ sites.

4. Inaccuracy Disclaimer


From time to time there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Starwest Botanicals reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order).

5. Disclaimer Regarding Accuracy of Vendor Information


Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Starwest Botanicals makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

Starwest Botanicals makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

6. Governing Jurisdiction of the Courts of the State of California


Our website is operated and provided in the State of California. As such, we are subject to the laws of the State of California, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal, or available for use in other locations. Accordingly, if you choose to access our site, you agree to do so subject to the internal laws of the State of California.

7. Compliance with Laws


You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Site in any way that violates applicable state, federal, or international laws, regulations, or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation.

8. Copyright and Trademark Information


All Web site content, including design, text, graphics, interfaces, the selection and arrangement thereof, and all software is Copyright © 2006, Starwest Botanicals, Inc., ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print in hard copy portions of this Web site for the sole purpose of placing an order with Starwest Botanicals or using this Web site as a shopping resource. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Starwest Botanicals, Inc., is strictly prohibited. All material and information presented on Starwest-Botanicals.com is intended to be used for educational purposes only. The statements made about products have NOT been evaluated by the Food and Drug Administration and they are not intended to diagnose, treat, cure, or prevent any condition or disease. Please consult with your own physician or health care practitioner regarding the suggestions and recommendations made at Starwest-Botanicals.com.

All other trademarks displayed on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Starwest Botanicals.

9. Notification of Claimed Copyright Infringement


Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Starwest-Botanicals.com designates the following as its agent for receipt of notifications of claimed copyright infringement.

By Mail
Web Admin
Starwest Botanicals, Inc.
161 Main Ave.
Sacramento, CA 95838
By Email: web-admin@starwest-botanicals.com

10. Other Terms


If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Starwest Botanicals, in our sole discretion, to a third party in the event of a merger or acquisition. You agree that, by accepting this Terms of Use Agreement, you are consenting to the use and disclosure of your personally identifiable information and other practices described in our Privacy Policy.
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