Legal Information & Notices
Last Updated: October 03, 2019
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.solandspire.com website (the “Service”) operated by Sol & Spire Botanicals, LLC (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
In connection with your access to, and/or use of, the Service, you agree not to:
i. Use the Service in any manner that could damage, disable, overburden, or impair the Service, or interfere with any other party’s use and enjoyment of the Service;
ii. Violate or attempt to violate the security of the Service or circumvent or attempt to circumvent, any security feature of the Service, including (a) accessing data not intended for such user or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Service or any portion thereof without authorization, in violation of these Terms in violation of applicable law;
iii. Modify, delete, decompile, disassemble or reverse engineer the Service in any way whatsoever;
iv. Upload, post, email, or otherwise transmit any material that contains “trojan horses,” “worms,” software viruses, or any other computer code, files, or programs designed to or that might interrupt, destroy, interfere or limit the functionality of the Service, or any computer software or hardware or telecommunications equipment; or
v. Use any automated means, including, but not limited to, electronic “spiders,” “robots,” or “crawlers,” to access, copy or download data on the Service, deep link to any feature or content on the Service, by-pass robot exclusion headers or other measures we may use to prevent or restrict access to the Service.
The Service and its original content, features and functionality are and will remain the exclusive property of Sol & Spire Botanicals, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks, service marks, trade dress and other intellectual property may not be used in connection with any product or service without the prior written consent of Sol & Spire Botanicals, LLC. No ownership or other interest or license in or to any patent, copyright, trademark, trade secret and other intellectual property right is being granted, assigned or transferred in these Terms or by reason of your access to, and use of, the Service. You may not reproduce, republish, distribute, assign, sublicense, retransmit, sell, or prepare derivative works of the Service, or resell or make our Service available to others.
Confidential and Proprietary Information
During the course of your use of the Service, you may have access to Proprietary Information, which is any information or material which is proprietary and confidential to us or our suppliers, licensors or other similar entities, and includes any of the following information and material licensed, owned or developed by any such party or its agents: business records and plans; business information; product formulation and specifications; marketing plans and strategies; financial statements; Member lists and information, genealogies, compensation plans and financial information, customer lists and records; technical information; product design; pricing structure; discounts; computer programs and listings; source code and/or object code; software; and any other such proprietary information. You understand and acknowledge that the Proprietary Information is owned, obtained or licensed by us or our suppliers, licensors, or other similar entities, by the investment of significant time, effort and expense, and it is a valuable, special and unique asset of ours or our suppliers, licensors, or other similar entities. You must hold in confidence and not disclose the Proprietary Information to any person or entity without our prior written consent. You shall be liable for any and all breaches of these Terms and any unauthorized use or disclosure of Proprietary Information. Upon our request, you shall return all materials containing Proprietary Information.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Sol & Spire Botanicals, LLC
Sol & Spire Botanicals, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Sol & Spire Botanicals, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Information Provided to Us
No compensation will be paid with respect to the use of your Visitor Generated Content, as provided herein. We are under no obligation to post or use any Visitor Generated Content you may provide and may remove any Visitor Generated Content at any time in our sole discretion.
By posting, uploading, inputting, providing or submitting your Visitor Generated Content, you represent and warrant that you own or otherwise control all of the rights to your Visitor Generated Content as described in this section including, but not limited to, all the rights necessary for you to provide, post, upload, input or submit the Visitor Generated Content. You are legally responsible for all Visitor Generated Content uploaded, posted or stored through your use of the Service.
Our Service may include bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other messaging facilities designed to enable you to upload or distribute information, materials and other content, or to communicate with the public at-large or with a group. You are solely responsible for all information, images, graphics, data, text, files, links, software, messages, communications, and other materials (the “End User Content”) that you (or someone using your account) publicly or privately publish, post, distribute, display, disseminate, or otherwise transmit via the Service. We do not control or necessarily screen or monitor the End User Content posted on the Service and, as such, we do not guarantee the accuracy, integrity, or quality of such End User Content. We reserve the right, in our sole and absolute discretion, to edit, delete, or record any End User Content appearing on the Service. You understand that entering or using the Service may expose you to End User Content that is offensive, indecent, or objectionable to you. You agree to use the Services only to post, send, and receive messages and material that are proper and related to the particular Service. You grant to us a limited non-exclusive, transferable, assignable, sublicenseable, irrevocable, worldwide, royalty-free and fully paid-up license to use, possess, copy, distribute, sell, sublicense, disclose, display publicly, perform, modify, make, have made, import, export and prepare derivative works of the End User Content for purposes of providing to you the Service for which the End User Content was provided.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to, a breach of the Terms and, if you are a Member of Sol & Spire Botanicals, LLC, your Member Agreement or a violation of our rights or the rights of any other party.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership and confidentiality provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Sol & Spire Botanicals, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Sol & Spire Botanicals, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use or reliance on the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; (iv) unauthorized access, use or alteration of your transmissions or content, and (v) otherwise arising out or resulting from loss of your data or information, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS,” “WITH ALL FAULTS” and “AS AVAILABLE” basis. The Service is provided without, and we disclaim all, warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Sol & Spire Botanicals, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
We are not responsible or liable for maintaining any consumer or Member data or for the deletion, corruption, destruction, damage, loss or failure of any consumer or Member data or for any third party access to any consumer or Member data.
Linking to Our Corporate Site
If you are a Member of Sol & Spire Botanicals, LLC, you may be granted a limited, non-exclusive right to create a hypertext link to the Service from the self-replicating website we may provide to you, provided such link is in compliance with these Terms, the Member Agreement and our Policies and Procedures. This limited right may be revoked at any time.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions.
In the event of an actual or threatened violation of these Terms, these Terms may be enforced by injunctive relief or specific performance without proof of actual damages but upon proof of all other requirements for the grant of such relief, in addition to any and all other available remedies.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.
Food and Drug Administration (FDA) Disclosure