Terms of Use for SUNSHINE BOTANICALS®

Copyright 2019 © SUNSHINE BOTANICALS® LLC. All Rights Reserved

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE (THE “WEBSITE”).  USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS OF USE.  IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEBSITE.

General

This website (the “Site”) is owned and operated by SUNSHINE BOTANICALS® LLC, (“SUNSHINE BOTANICALS®” “we” or “us”), conditioned upon your acceptance without modification of the terms and conditions set forth herein (“Terms of Use”).  By using the Site, you agree that use of the Site is subject to these Terms of Use and all applicable laws, statutes, and regulations.  SUNSHINE BOTANICALS® may revise these Terms of Use from time to time without further notice by updating this posting.  Continued access to the Website by you will constitute your acceptance of these Terms of Use and any applicable revisions.  Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Use.

We reserve the right to change these Terms of Use or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Use on this website.  By continuing to use the Site after we post any such changes, you accept the Terms of Use, as modified.

Intellectual Property Rights

Our Limited License to You.   It is the policy of SUNSHINE BOTANICALS® to enforce its intellectual property rights to the fullest extent permitted under law.  This Site and all the materials available on the Site are protected by international copyright and trademark laws, and other intellectual property laws.  SUNSHINE BOTANICALS® owns or licenses the copyrights to all content on the Website and all of the trademarks, service marks, trade names, service names, and products on this website (“Content”).  The Site is provided solely for your personal, non-commercial use.  You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us.  More specifically, unless explicitly authorized in these Terms of Use or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site.  You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.  Except as set forth above, nothing on the Website should be construed as granting, by implication or otherwise, any license or right to use any Content without the written permission of SUNSHINE BOTANICALS®.  Any and all rights not expressly granted herein are reserved by SUNSHINE BOTANICALS®.  Requests for permission to reproduce any information contained on the Site should be addressed to SUNSHINE BOTANICALS® at the address listed on our website.

Your License to Us.  By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material.  In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose.  The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.  Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended.  As such, the copyrights in those works shall belong to SUNSHINE BOTANICALS® from their creation.  Thus, SUNSHINE BOTANICALS® shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as SUNSHINE BOTANICALS® determines.  In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to SUNSHINE BOTANICALS® all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity.  Any posted material which are reproductions of prior works by you shall be co-owned by us.

You acknowledge that SUNSHINE BOTANICALS® has the right but not the obligation to use and display any postings or contributions of any kind and that SUNSHINE BOTANICALS® may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.  Without limiting the foregoing, you agree to comply with all applicable laws, rules and regulations that apply to your use of the Website.  You, and not SUNSHINE BOTANICALS®, shall be responsible for ensuring that your use of the Website and Content does not constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, regulation or ordinance, including, but not limited to, U.S. law regarding the transmission of technical data.  You agree to obey the requirements, procedures and policies of computer systems connected to the Website.  SUNSHINE BOTANICALS® shall have the right, but not the obligation, to monitor or review your conduct on the Website.

Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by our Site.  However, you may not, without our prior written permission, frame or inline link any of the content of the Site or incorporate into another website or other service any of our material, content or intellectual property.

Disclaimers

Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties.  Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites or the information, products or services offered on or through the sites.  In addition, neither we nor our affiliates operate or control in any respect any information, products or services that third parties may provide on websites linked to by us on the Site.

If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not SUNSHINE BOTANICALS®.  Neither SUNSHINE BOTANICALS® nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content.  Furthermore, SUNSHINE BOTANICALS® neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized SUNSHINE BOTANICALS® representative while acting in his/her official capacity.

THE INFORMATION, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY SUNSHINE BOTANICALS® AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You agree at all times to defend, indemnify and hold harmless SUNSHINE BOTANICALS®, its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.

Online Commerce

In consideration of your use of the Website, you represent that you are at least 18 years of age or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, and you agree to provide accurate and complete information about yourself as requested in any order or account registration form (the “Registration Data”).  If SUNSHINE BOTANICALS® suspects that your Registration Data is inaccurate or incomplete, SUNSHINE BOTANICALS® may suspend or terminate your account.  The Website may only be used to purchase merchandise by individuals who can form legally binding contracts under applicable law.  Without limiting the foregoing, the Website is not available to children (persons under the age of 18) to make a purchase.  If you are under the age of 18, you can use the Website only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use.  If you do not qualify, do not use the Website to make a purchase.

If a product you purchase does not match the description on the Website, as your sole and exclusive remedy you may return the product, unused, to SUNSHINE BOTANICALS® and receive a refund of your purchase price, less shipping cost.  Items in your shopping cart will reflect the most recent price displayed on the item’s product detail page.  Prices are frequently updated to adjust for different sales, promotions, limited pricing, and other discounting.  Therefore, prices on the product detail page and in your cart may change after such updates to reflect the current prices.  Placing items in your cart does not reserve the current prices shown at that time, and prices are reserved only by placing an order.  From time to time, despite our efforts, a small number of items in our catalog may be mispriced.  Please note that such errors or inaccuracies may be related to product descriptions, pricing, and availability.  In the event of a pricing error, SUNSHINE BOTANICALS® will take one of the following options: (i) If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item; or (ii) if an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.  We apologize for any inconvenience. If you are not satisfied with your purchase due to any errors or inaccuracies, you may return it in accordance with our return procedures.  Discounts are limited-time offers and are not valid in conjunction with any other discount, offer, promotion or sale price items.  For shipping, cancellation, and other ordering questions, please contact our customer service representatives at orders@sunshinebotanicals.com, or call toll-free at 866 907-9546 or 770 253-6257.

If you make a purchase from a merchant on a site linked to by our Site, we are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services.  The information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may have privacy and data collection practices that are different from ours.  We have no responsibility or liability for these independent policies.  In addition, when you purchase products or services on those Sites, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services.  For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly.  You release us and our affiliates from any damages that you incur and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by links to third parties through the Site.

Your participation, correspondence or business dealings with any third party found through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party.  You agree that SUNSHINE BOTANICALS® shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

With respect to direct purchases of SUNSHINE BOTANICALS® products via the Site: you understand and agree that once your online order is submitted, it immediately begins processing.  Consequently, SUNSHINE BOTANICALS® may or may not be able to make any changes, including product changes, address changes, or cancellations, once an order has been placed on the Site.  You agree to confirm that all of your order information is correct prior to submitting your order as we may be unable to make any changes.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site.  You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only.  You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service.  You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so.  When making a purchase for a third party that requires you to submit the third party’s personal information to us, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

SUNSHINE BOTANICALS® requires an active, valid billing & shipping phone number, and may require phone authorization for all online orders over $1,000.  SUNSHINE BOTANICALS® reserves the right to hold processing for any orders that have not received order authorization confirmation until order information is confirmed for any and all orders if a valid billing & shipping phone number has not been provided.

SUNSHINE BOTANICALS® products purchased via the Site will ship from our warehouse (the “Warehouse”), which is located in the Eastern Standard Time Zone (EST).  The Warehouse operates during ordinary EST business hours and does not operate on weekends or holidays.  Orders shipping from the Warehouse may be shipped using one or more shipping methods and options, which may change from time to time.  The pricing and availability of these shipping methods and options are subject to change at any time for any reason.  Free shipping options may be available during various promotions.  SUNSHINE BOTANICALS® is not responsible for any delays in shipping of orders.

INTERNATIONAL SHIPPING IS ONLY AVAILABLE TO CANADA AT THIS TIME.  Items shipping internationally (outside of the USA) from the Warehouse are subject to international import laws which may vary from one country to another.  You understand that it is possible that the country to which you have requested international shipping may require additional brokerage fees, taxes, or customs duties or fees payable upon delivery, in addition to the shipping charges paid at the time of placing your order. You agree to assume the financial obligation of paying these additional charges.  You understand and agree that international shipping times vary, and it could take several weeks for your order to arrive, irrespective of the shipping option that you select at the time of placing your order.  You understand and agree that for orders shipped via USPS, you will be unable to track your order once it has left the USA.  You also understand and agree that SUNSHINE BOTANICALS® will not be responsible for loss or damage during shipment and you will be required to file any claim for such through the carrier.

You understand and agree that all transactions made through SUNSHINE BOTANICALS®’s online store, www.sunshinebotanicals.com, are processed in USD (US Dollars).  If you have placed an order from outside the USA, and if your country’s exchange rate is not 1:1 with USD, your bank will likely calculate the difference and debit funds from your account in your country’s currency.  SUNSHINE BOTANICALS® is not responsible for any additional bank fees which your bank may charge in connection with your order.

You understand and agree that only one coupon code can be used per order on the Site.  Coupon codes can be entered on the final pages of the Checkout process.  Simply locate the field for “Gift Card or Discount Code,” and input the code in that field and click on “Apply Coupon” to calculate the total.  If you entered the coupon code correctly, you will see the discount amount applied to your order total.  If you placed an order and neglected to use your coupon code, contact Customer Support, at orders@sunshinebotanicals.com and we will attempt to honor that discount for you within several days of your request.  Please email these requests because there is a process the refund must go through which requires written documentation.

Passwords

You will have the option to check out as a guest, without being required to create an account.  You will also be given the option of creating an online account to store shipping and credit card info, as well as be able to see past orders.  To use those features of the Site, you will need a username and password, which you will receive through the Site’s registration process.  You are responsible for maintaining the confidentiality of the password and account and are responsible for all activities (whether by you or by others) that occur under your password or account.  You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session.  We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.  (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)  IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND SUNSHINE BOTANICALS® MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE SITE:

THIS SITE OFFERS HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY.  YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.  IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL.  DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE.  THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.

NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE.  FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.

Termination

We may cancel or terminate your right to use the Site or any part of the Site at any time without notice.  In the event of cancellation or termination, you are no longer authorized to access the Site.  The restrictions imposed on you with respect to material downloaded from the Site and the disclaimers and limitations of liabilities set forth in these Terms of Use shall survive.

Refund/Returns Policy

Your complete satisfaction is our guarantee!  SUNSHINE BOTANICALS® is confident that you will be very pleased with your products; however, if for some reason our products do not meet your expectations, you may return the unused product for a full refund within 30 days of purchase.  Shipping costs will not be refunded unless the return is due to a SUNSHINE BOTANICALS® error.  Please return the unused product to us, along with a copy of the original sales receipt.  Be sure to include your name, address, phone number, and the reason for the return.  Contact Customer Support toll-free at 866-907-9546 or email orders@sunshinebotanicals.com for shipping instructions and return merchandise authorization.

Other

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law.  If you believe in good faith that materials hosted by SUNSHINE BOTANICALS® infringe your copyright, you, or your agent may send to SUNSHINE BOTANICALS® a notice requesting that the material be removed or access to it be blocked.  Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon SUNSHINE BOTANICALS® actual knowledge of facts or circumstances from which infringing material or acts are evident.  If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send a counter-notice.  All notices and counter-notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.  SUNSHINE BOTANICALS®’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached using our contact information below or sent by email to Info@sunshinebotanicals.com.

This Agreement shall be binding upon and inure to the benefit of SUNSHINE BOTANICALS® and our respective assigns, successors, heirs, and legal representatives.  Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of SUNSHINE BOTANICALS®.  Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by SUNSHINE BOTANICALS® to any affiliated entity or any of its wholly-owned subsidiaries.

Dispute Resolution:

The laws of the State of Georgia shall govern these Terms of Use, without reference to its choice of law rules.  SUNSHINE BOTANICALS® reserves the right to seek all remedies available at law or in equity for violations of these Terms of Use, including the right to block access from a particular internet address to the Site.  If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Contacting Us

If there are any questions regarding these Terms of Use you may contact us using the information below.

SUNSHINE BOTANICALS® LLC
4046 Hwy 154, Suite 219
Newnan, GA 30265

info@sunshinebotanicals.com
866-907-9546 or 770-253-6257

CONTACT US

Email

(866) 907-9546

 

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