Terms of Use

TERMS OF USE

 

ACCEPTANCE OF TERMS OF USE
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. The [https://bastyrcenter.myshopify.com] website, including all pages contained therein (“Site”), and its products offered for sale are provided by [Bastyr University Natural Medicine Shop] (“Company”), a Washington corporation. All sales of products through this Site and use of this Site are governed by this Terms of Use Agreement (“Agreement”). By using or accessing this Site and/or purchasing products through this Site, you agree to adhere to and be bound by this Agreement.

 

THIS AGREEMENT REQUIRES THE USE OF ARBITRATION TO RESOLVE DISPUTES SUBECT TO THE TERMS CONTAINED HEREIN. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. 

PRIVACY POLICY
Acceptance of this Agreement also constitutes acceptance of Company’s Privacy Policy, which you must review located at [https://bastyrcenter.myshopify.com/pages/privacy-policy], the terms of which are hereby incorporated by reference into this Agreement.

ELIGIBILITY TO USE THIS SITE
You may not order or obtain products from or otherwise use this Site if you (i) are not at least 18 years of age; (ii) are prohibited from accessing or using this Site or any of the products sold through this Site by any applicable law or any preexisting agreement, or (iii) do not agree to be bound by this Agreement.

USES OF THIS SITE; LIMITED LICENSE
You may use this Site for lawful purposes and as permitted by the terms of this Agreement. You agree that you shall not use this Site for any of the following purposes: (a) conduct that is unlawful or illegal or which is fraudulent or malicious or which promotes any criminal activity or provides information about the same; (b) conduct that is defamatory, harassing, or threatening, or which otherwise infringes or violates the rights of others, such as infringing on the intellectual property rights of or impersonating any party; (c) conduct that in any way interferes with the rights of any other user of the Site or any other third party; (d) the introduction of viruses or other malicious or harmful material or using the Site in connection with unsolicited communications, either knowingly or through gross negligence; or (e) use of any spider, bot, or other automatic or manual device or process for the purpose of harvesting or compiling information from the Site. You must not use the Site in a way that may damage or impair the Site. Additionally, you agree that you are responsible for any breach of your obligations under the terms of this Agreement and for any losses suffered by Company for such a breach, including, but not limited to, monetary damages, costs, and attorneys' fees.

You agree that this Site is the sole property of Company and its affiliates and is protected under United States and international law, including, but not limited to, intellectual property laws and other personal and proprietary rights. You acknowledge and agree that your use of this Site is subject to a limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty free license to use this Site for its customary and intended purposes, provided by Company to you.

ONLINE PURCHASES
All purchases of products through this Site are governed by the terms of this Agreement as contained herein. In addition, if you wish to purchase any product made available through this Site, you may be asked to supply certain information relevant to your purchase including, without limitation, your name, phone number, email address, physical address, credit card or other payment information and geographic location, use of which by Company shall be subject to the terms of our Privacy Policy.

ORDERS AND PAYMENT
You agree that your order is an offer to buy, under the terms of this Agreement, all products listed in your order. All orders must be accepted by Company or Company will not be obligated to sell the products to you. Company may, in its sole discretion, choose not to accept orders at any time after the placement of your order. When you place an order to purchase a product through this Site, Company will send you an email confirming receipt of your order. Your receipt of this email confirms that you have placed an order, and you acknowledge and agree that this email does not constitute Company’s acceptance of your order. Orders shall not be considered to have been accepted by Company until all products contained within the order are shipped by Company to you.

All prices, discounts, and promotions posted on this Site for associated products are subject to change without notice. The price charged for a product will be the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Posted prices do not include taxes, payment transactional fees or charges for shipping and handling. All such fees and charges will be added to your total price, and will be itemized in your shopping cart and in your order confirmation email. If Company identifies that a price stated on the Site is incorrect or that a product listed on the Site is no longer available, Company will contact you in a reasonable time frame to advise you of the issue and offer any alternatives as may be appropriate.

Payment for all orders placed through this Site must be made at the time of ordering. Terms of payment are within our sole discretion. You agree to provide current, complete, and payment information for all purchases made via the Site.

SHIPPING AND RETURNS
Company will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. Title and risk of loss pass to you upon Company’s transfer of the products contained in your order to the delivery carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. Due to variations in state and local law, Company cannot guarantee that we will be able to ship your order as requested by you at the time your order is placed. In the event of the foregoing, Company will contact you in a reasonable time frame to advise you of the issue and offer any alternatives as may be appropriate. You should also carefully read Company’s Return Policy, located at [insert link to return policy], the terms of which are hereby incorporated by reference into this Agreement.

INTELLECTUAL PROPERTY RIGHTS
This Site and its entire contents, features and functionality (including but not limited to all information, software, text, code, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of this Site solely for your own non-commercial use, or to access or purchase products from this Site.

All trademarks, service marks and trade names used on this Site are registered to Company or its affiliates or licensors. Any other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.

If you believe any material on this Site infringes on your copyright in the United States, please notify us by sending all details to [bcnhdispensary@bastyr.edu] or the mailing address below.

DISCLAIMER OF HEALTH CARE RELATED INFORMATION AND SERVICES
All information contained on this is for informational purposes only. It is not meant to be a substitute for the advice provided by your own physician or other licensed medical professionals.

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 licensed medical professionals. 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.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
You expressly assume the risks of using any products purchased through or information contained on this Site, whether or not such risks were created or exacerbated by Company and whether or not such risks were known or unknown at the time of your purchase of a product or use of this Site. You understand that there is a risk of injury or other harm associated with purchasing and using the products on this Site and you hereby assume full responsibility for any and all injuries, losses and damages that you incur in connection with a product purchased from this Site.

Company makes no warranty or representation about whether the information or products offered on this Site are suitable or appropriate for you, or any guarantee that you will obtain a particular result. Company is a retailer of products manufactured and/or distributed by third parties and does not manufacture or distribute any of the products sold through this Site. Company is not responsible for any statements or claims that various manufacturers or distributors make about the products.

COMPANY WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, PERSONAL INJURY, OR NEGLIGENCE, FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF ANY PRODUCTS PURCHASED THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DAMAGE TO PROPERTY, DEATH, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE. YOU ACKNOWLEDGE THAT YOUR USE OF PRODUCTS PURCHASED THROUGH THIS SITE IS AT YOUR SOLE RISK AND THAT COMPANY'S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO COMPANY.

YOU ACKNOWLEDGE AND AGREE THAT THIS SITE IS PROVIDED ON AN "AS-IS" BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT COMPANY WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE WEBSITE OR TRANSACTIONS THAT OCCUR THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS, AND ATTORNEYS' FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THIS WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK AND THAT COMPANY’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO COMPANY.

DISCLAIMER REGARDING ACCURACY OF PRODUCT INFORMATION
Product specifications and other information listed on this Site, including information contained on individual product labels, have either been provided by third party product manufacturers or distributors or collected from publicly available sources. While Company makes every effort to ensure that the information on this Site, including the information contained on associated products is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this Site or associated products.

INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Company, its officers, directors, employees, affiliates, agents, and representatives, from and against any and all losses, including, but not limited to, costs and attorneys' fees, arising out of or related to (i) your use of this Site, (ii) your purchase of any item through this Site, (iii) your violation of any term or condition of this Agreement; (iv) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (v) your violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international. Your obligation to defend Company will not provide you with the ability to control Company’s defense, and Company reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.

GEOGRAPHIC RESTRICTIONS
The owner of this Site is based in the state of Washington in the United States. We provide this Site for use only by persons located in the United States. We make no claims that this Site or any of its content is accessible or appropriate outside of the United States. Access to this Site may not be legal by certain persons or in certain countries. If you access this Site from outside the United States, you do so on your own initiative and risk and are responsible for compliance with local laws.

CALIFORNIA RESIDENTS
Products offered for sale on this Site may contain chemicals known to the State of California to cause cancer and birth defects or other reproductive harm. You should carefully review all information provided on the individual product page and/or product label.

GOVERNING LAW; JURISDICTION
You and Company agree that any dispute arising out of or related to this Agreement or validity thereof will be submitted to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Washington law. The decision of the arbitrator will be final and binding on the parties and judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section will prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate.

NO ENDORSEMENT
Any references or links on this Site to the information, opinions, advice, programs, products or services of any other individual, business or entity do not constitute Company’s formal endorsement.

VARIATION
Company shall have the right in its sole discretion at any time and without notice to amend, remove or vary the terms of this Agreement and/or the availability or pricing of products offered for sale through this Site.  All changes are effective immediately when posted and apply to all access to and use of this Site thereafter. Your continued use of this Site following the posting of a revised Agreement means that you accept and agree to the changes.

WAIVER AND SEVERABILITY
No waiver by Company of any term or condition set forth in this Agreement will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and such provisions shall be removed without affecting the remaining provisions herein.

ENTIRE AGREEMENT
The terms of this Agreement constitute the entire agreement between Company and you in relation to your use of this Site and/or purchase of products, and supersede all prior agreements and understandings with respect to the same.