Terms of Service


1. NOTICE/ACCEPTANCE OF TERMS

This Terms of Use Agreement (the "Agreement") is a contract between you (the "User") and True Botanicals (the "Company"). COMPANY operates a website found at the address www.TrueBotanicals.com (the "Site"). This Agreement governs your use of the Site. Be sure that you carefully read and fully understand this Agreement. COMPANY is willing to provide you with access to the Site only on the condition that you accept all of the terms and conditions (the "Terms") contained in this Agreement. This Agreement governs your use of the Site. Please read all of the Terms carefully. By using the Site, you agree to comply with and be bound by these Terms. If you do not agree to the Terms, you are not authorized to use the Site. COMPANY reserves the right to modify the Terms at any time by posting a notice on the home page of the Site. Your use of the Site after the notice is posted indicates you agree to the changes.

2. ACCESS TO THE SITE

This Terms of Use Agreement (the "Agreement") is a contract between you (the "User") and True Botanicals (the "Company"). COMPANY operates a website found at the address www.TrueBotanicals.com (the "Site"). This Agreement governs your use of the Site. Be sure that you carefully read and fully understand this Agreement. COMPANY is willing to provide you with access to the Site only on the condition that you accept all of the terms and conditions (the "Terms") contained in this Agreement. This Agreement governs your use of the Site. Please read all of the Terms carefully. By using the Site, you agree to comply with and be bound by these Terms. If you do not agree to the Terms, you are not authorized to use the Site. COMPANY reserves the right to modify the Terms at any time by posting a notice on the home page of the Site. Your use of the Site after the notice is posted indicates you agree to the changes.


3. RESTRICTIONS ON USE

You may not print, download and use the underlying HTML, text, audio clips, video clips and other content that is made available to you on these Site, for other than your personal information.
Without limiting the generality of the foregoing, you may not:
1. include such content in or with any product or service that you create or distribute;
2. reproduce, duplicate, copy, sell, rent, resell or exploit for any commercial purposes any portion of the 3. establish: (i) a hyperlink, including a deep link, to any page or location on the Site; or (ii) a frame containing any portion of the Site, on any other Web site or text document with hyperlink capabilities without the express written permission of the Company; 4. copy such content onto your or any other Web site or publication; or
5. direct any other person to do any of the foregoing. Nothing in this Agreement shall be construed as conferring any right under any intellectual property of COMPANY, its affiliates or any other person or entity owning the intellectual property in the content provided on this Site.


4. INTELLECTUAL PROPERTY

All COMPANY trademarks that appear on the Site are the exclusive property of COMPANY. The trademarks, trade names, trade dress and associated products and services represented on this Site are protected under United States and international law and their display on this Site does not convey or create any license or other rights in these trademarks, trade names, trade dress and associated products and services. Any use of them without prior written authorization of COMPANY or the relevant trademark owner is strictly prohibited.

Any third party trademarks mentioned on this Site which are not those of COMPANY are the trademarks of their respective owners. The display of these trademarks or trade names on this Site does not convey or create any license or other rights in these trademarks or trade names. Any unauthorized use of those third party trademarks is strictly prohibited.

Any unauthorized copying, redistribution, reproduction or modification of the contents of this Site by any person may be a violation of federal, state or common law trademark and/or copyright laws, and could subject such person to legal action.


5. MODIFICATIONS TO SITE

COMPANY reserves the right to modify, suspend or discontinue, temporarily or permanently, the Site (or any part thereof) from time to time, for any or no reason and without notice. You agree that COMPANY shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. The information and materials contained on the Site are subject to change. COMPANY endeavors to keep the information posted on this Site current, however, such information is subject to change at any time without notice to you and the posted information on this Site may not immediately reflect such changes.


6. THIRD PARTY LINKS AND ADVERTISING

This Site may provide links or references to other site. If COMPANY has provided links or pointers to other web site, no inference or assumption should be made and no representation should be implied that COMPANY is connected with, operates or controls these web site.

COMPANY makes no representations, warranties or assurances as to any information in such site, has no responsibility for their content and shall not be liable for any damages or injury arising from that content. COMPANY disclaims any opinions expressed on such site. Any links to other site are provided merely for your convenience and the inclusion of such links does not imply that COMPANY endorses the content of such site. Where COMPANY is offering its own content (or content of an affiliate) on or through third party site (whether by linking, framing or otherwise), your use or display of that content shall be subject to this Agreement.

COMPANY takes no responsibility for third party advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or throughout the Site, including, without limitation, with respect to the payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such parties and are not binding upon nor constitute obligations of COMPANY. You agree that COMPANY shall not be responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any nature or kind (collectively, “Claims”) incurred as the result of any such dealings or as the result of the presence of such third parties on the Site, and you agree to indemnify COMPANY and its affiliates from and against any Claims incurred as the result of any such dealings.

If you are interested in creating hypertext links to this Site, you must contact COMPANY before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or COMPANY, including its respective employees, agents, directors, officers and shareholders.

COMPANY is not responsible for the content or practices of third party web site that may be linked to this Site and makes no representation or warranty regarding such web site or their content. This Site may also be linked to other web site operated by companies affiliated or connected with COMPANY. When visiting other web site, however, you should refer to each such web site’s individual "Terms of Use" and not rely on this Agreement.


7. DISCLAIMER OF WARRANTIES

Except as expressly provided otherwise, COMPANY disclaims any and all responsibility or liability for the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability or availability of information or material contained on the Site. The Site may contain inaccuracies or typographical errors. COMPANY disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material in respect of the Site or the use thereof.

Any communications sent to you via this Site or otherwise from COMPANY (including, without limitation, in the form of newsletters, electronic mail or via telephone), and the contents of this Site (including, without limitation, any technology, financial, investment, corporate, or tax information) are provided for informational and educational purposes only and are not intended to provide legal, investment, financial, or tax advice and should not be relied upon in that regard. Your financial circumstances and tax situation is unique. Therefore, you should independently consult a lawyer or tax advisor.


EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, COMPANY AND ITS DATA PROVIDERS WILL USE REASONABLE EFFORTS TO INCLUDE UP-TO-DATE AND ACCURATE INFORMATION IN THIS SITE, BUT ALL INFORMATION, PRODUCTS AND SERVICES OFFERED ON THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED. COMPANY AND ITS DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE TECHNOLOGY, PRODUCTS AND SERVICES OFFERED ON THE SITE. COMPANY AND ITS DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED ON THE SITE.


YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING SUCH MATERIAL.


Some states do not allow the exclusion of implied warranties, so these exclusions may not apply to you.


8. LIMITATION OF LIABILITY

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, IN NO EVENT SHALL COMPANY, ANY OF COMPANY’S AFFILIATES, SUBSIDIARIES OR DATA PROVIDERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING OR MANAGING THE CONTENT OF THIS SITE (COLLECTIVELY THE “SITE PROVIDERS”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOST OPPORTUNITIES, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, ANY COMMUNICATIONS SENT TO YOU VIA THIS SITE OR OTHERWISE FROM COMPANY (INCLUDING, WITHOUT LIMITATION, IN THE FORM OF ELECTRONIC MAIL OR VIA TELEPHONE), OR INFORMATION AVAILABLE FROM THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH INFORMATION, THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO FROM THE SITE PROVIDERS, AND INCONVENIENCE, DELAY OR LOSS OF USE OF THE SERVICE, EVEN IF ANY ONE OF OR ALL OF THE SITE PROVIDERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE SITE PROVIDERS ASSUME NO LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF ANY PRODUCT, INFORMATION, IDEA, OR INSTRUCTION CONTAINED IN THE CONTENT OF THIS SITE.


Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.


9. YOUR TRUE BOTANICALS ACCOUNT

You may establish a COMPANY account. When you establish an account, you may be required to provide COMPANY with information about yourself, such as your name, phone number, email address, and other contact information. You must ensure that all information you provide is valid, correct, complete, and current. All information provided to COMPANY during account registration will be held and used in accordance with our Privacy Policy. You are responsible for maintaining the security and confidentiality of your account and password. You are fully responsible for all information provided and actions taken through or on your account or through the use of your login credentials. You agree to notify COMPANY immediately of any unauthorized use of your login credentials or any other breach of security with respect to your account. COMPANY will not be liable for any loss or damage arising from unauthorized use of your login credentials. You agree not to gain unauthorized access to or use other users’ accounts, names, or personally identifiable information.


10. REFERALL PROGRAM

Through your COMPANY account, you may have access to a referral link that you can use to refer other people to shop at COMPANY, or you may have credit resulting from a purchase by a person you have shared a COMPANY Referral link with. If a person you refer using the link (the “Referee”) completes a qualifying first-time purchase from COMPANY, you will earn a $20 credit that you may apply to future purchases within 30-60 days (the “Credit Period”), depending on which referral promotion the link was generated from. A qualifying first-time purchase means a purchase the Referee makes of an eligible product after your referral.

You may not conduct your own public promotion, marketing or advertising in connection with our referral program. Referral links may be used only for personal, non-commercial purposes. For example, you may share the referral link with your personal connections through email, Facebook, Twitter, and other site where you are the primary content owner.

However, public distribution of the referral link on site where you are not the primary content owner is prohibited. Attempting to circumvent COMPANY's referral program policies may result in forfeiture of referral credits in your account and your ability to participate in the program. COMPANY reserves the right to void referrals and referral credits earned if we suspect that the referrals or referral credits were earned in a fraudulent manner, in a manner that violates these Terms of Service, or in a manner otherwise not intended by COMPANY.

Referral credits are not redeemable for cash; are not transferable; may not be auctioned, bartered or sold; may not be pooled with credits of other participants, and expire thirty to sixty (30-60) days after your Referee makes a qualifying first time purchase, unless another Referee makes a purchase during the Credit Period. In the event that an additional Referee makes a purchase during the Credit Period, your credit will be extended an additional 30-60 days, depending on which referral link was shared with that Referee (the “Credit Extension Period”). During the Credit Extension Period, all unexpired credit will be aggregated and extended to expire on the last day of the Credit Extension Period. The authorized recipient cannot be changed on orders made through the referral program. COMPANY reserves the right to change, cancel or otherwise alter the referral program at any time, for any reason. Please note that perfume samples do not qualify as a “qualifying first-time purchase” for the purposes of this paragraph.


11. SUBSCRIPTIONS

Customers who sign up for a subscription item will receive that item at a 10% discount. A subscription may not be cancelled until the subsequent shipment is sent to the customer (the “Renewal Shipment”). A subscription may be cancelled at any time up until one week before a scheduled Renewal Shipment only after the first Renewal Shipment has shipped. Subscriptions may be paused up to a maximum of 8 weeks, but not to exceed 12 weeks from the original subscription shipment or prior Renewal Shipment date. Subscriptions may be cancelled by COMPANY at any time, with or without cause, at COMPANY’S discretion. Subscription discounts may not be combined with other offers, except at the Company’s discretion; however, if at the commencement of a subscription a customer enters a discount code for a discount higher than 10%, then the higher discount will be applied to the subscription item for that initial subscription purchase of that item. The 30 day guarantee on all full sized products applies only to the first shipment in a subscription order, not to subsequent shipments. Referral and Gift Card credits are redeemable with subscription items, as they are with all other purchases from COMPANY.


12. INFORMATION COLLECTED BY THIRD-PARTIES

We may allow third-party companies that use tracking technologies, such as cookies or pixels, to record IP information about users who visit or interact with our website. Our website does not provide any personal information to these third parties. This information allows them to deliver targeted advertisements and gauge their effectiveness. Some of these third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative which offers a single location to opt out of ad targeting from member companies.


13. MISCELLANEOUS

1. Governing Law. This Agreement shall be governed by the laws of the State of California, without regard to conflicts of law provisions. The parties agree that the exclusive jurisdiction of any dispute arising out of, or relating to, this Agreement or any dispute arising out of, or relating to, this Agreement or services provided in connection therewith shall be in the state and federal courts located in San Francisco, California.

2. Entire Agreement. This Agreement is the entire and exclusive agreement between the parties, and it supersedes all previous communications, representations or agreements, either oral or written, between them with respect to this subject matter. No representations or statements of any kind made by any affiliate of COMPANY, which are not included in this Agreement, shall be binding on COMPANY or its affiliates.

3. Amendments. Neither you nor COMPANY may modify or amend this Agreement, in whole or in part without the prior written consent of both you and an authorized representative of COMPANY. However, COMPANY may replace this Terms of Service Agreement from time to time and your subsequent use of the Site, or any content, programs or materials provided through the Site, will be subject in all respects to the terms and conditions of such terms of service in force at the time of such subsequent use. You are advised to check this Global Terms of Service Agreement regularly for any modifications.

4. Waiver. No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and COMPANY. COMPANY’s failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.

5. Severability. If any provision of this Agreement is determined to be illegal or unenforceable, such provision shall be automatically reformed and construed so as to be valid, operative and enforceable to the maximum extent permitted by law or equity while preserving its original intent. The invalidity of any part of this Agreement shall not render invalid the remainder of this Agreement.

6. Miscellaneous. This Agreement shall inure to the benefit of COMPANY and its subsidiaries and affiliates. Any and all references in this Agreement to COMPANY and its affiliates shall, where the context so permits, include COMPANY’s parent companies, sister companies, and their respective subsidiaries, affiliates, directors, officers, employees, contractors and agents. The headings contained herein are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, affiliate services, third party content or third party software on or through a link provided on the Site.

7. Assignment. COMPANY may assign its rights and duties under this Agreement to any party at any time without notice to you.


Please contact us if you have any questions or concerns regarding these terms.