Last Updated: April 19, 2021
WHO WE ARE
Thank you for choosing Arq Botanics. Arq Botanics develops and sells all-natural health and beauty products. We can be reached by mail at PO Box 250, Hudson, New York 12534, or by e-mail at team@Arqbotanics. We own and operate this website Arqbotanics.com (the "Website").
You must be at least 18 years old and have the legal power to enter into contracts in order to access and use this Website and order products from us. If you are under 18 you can only use this Website and order products from us if you are at least 13 years old and have the permission of your parent or legal guardian. By using our Website, you confirm that you are at least 18 years old or that you are at least 13 years old and have your parent or guardian’s consent.
OWNERSHIP OF WEBSITE
THIRD PARTY LINKS
This Website may contain links to third party websites. We do not endorse and are not responsible or liable for any such other websites or any content or materials thereon, including such sites’ availability, accuracy, the related content, products, or services. We disclaim all warranties, express and implied, as to the accuracy, validity or legality of any content contained on such other websites. You are solely responsible for your use of any such third party websites at your own risk and you may be subject to any applicable third party terms and conditions. We reserve the right to terminate any link or linking program at any time.
You may not link to this Website without the express prior written permission of Arq Botanics. If you are interested in linking to this Website, please contact us a firstname.lastname@example.org.
DISCLAIMERS AND WARRANTY
WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT OUR WEBSITE WILL BE RELIABLE, COMPATIBLE WITH YOUR COMPUTER, OR COMPLETE OR WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT ANY ERRORS CAN OR WILL BE CORRECTED OR THAT ANY PRODUCTS, CONTENT, DATA OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THAT THE WEBSITE IS FREE OF COMPUTER VIRUSES, MALICIOUS CODE AND OTHER HARMFUL ELEMENTS.
OUR STANDARD MANUFACTURER’S WARRANTY SHALL APPLY TO ALL PRODUCTS THAT YOU PURCHASE THROUGH THIS WEBSITE.
GENERAL LIMITATION OF LIABILITY
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL ARQ BOTANICS OR OUR AFFILIATES OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, MEMBERS, SHAREHOLDERS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “ARQ PARTIES”) BE LIABLE TO YOU, OR TO ANY OTHER PERSON, FOR ANY LOSSES, COSTS OR DAMAGES OF ANY KIND OR NATURE WHATSOEVER (INCLUDING WITHOUT LIMITATION SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES) THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH: (A) YOUR USE OF THIS WEBSITE, (B) ANY CONTENT ON THIS WEBSITE, (C) ANY FAILURE TO PROVIDE OR DELAY IN DELIVERING ANY PRODUCTS, (D) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, ALTERATION OR USE OF RECORDS, PROGRAMS OR FILE, DEFECT, DELAY IN OPERATION OR TRANMISSION OR DELIVERY, COMPUTER VIRUS OR OTHER MALICIOUS CODE, ,(E) HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE WEBSITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN OR (F) ANY ACTS, OMISSIONS OR FAILURES OF ANY THIRD PARTY HOWEVER CAUSED AND REGARDLESS OF THE FORM OR CAUSE OF ACTION (INCLUDING FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, EQUITY, STRICT LIABILITY, BY STATUTE OR OTHERWISE) AND WHETHER OR NOT FORESEEABLE, EVEN IF THE ARQ PARTIES OR ANY OF THE ARQ PARTIES HAS BEEN INFORMED IN ADVANCE OR OUGHT REASONABLY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH LOSSES, COSTS OR DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN THE EVENT ANY OF THE FOREGOING LIMITATIONS ARE DETERMINED TO BE UNENFORCEABLE OR INVALID BY A COURT OF COMPETENT JURISDICTION, IN NO EVENT WILL THE LIABILITY OF THE ARQ PARTIES TO YOU EXCEED TWENTY FIVE ($25.00) U.S. DOLLARS.
TERMS AND CONDITIONS OF SALE
Our Website allows you to purchase certain products from us online. All orders are subject to email confirmation by us. Products displayed on the Website may be out-of-stock or discontinued. Availability is not guaranteed. All prices are in U.S. Dollars, unless otherwise specified. Prices may change without notice from time to time. The total amount shown due on the checkout page includes any sales tax applied in accordance with applicable state and local regulations based on your shipping address. The amount of sales tax will depend upon various factors, including the type of item purchased, sales price and destination of the shipment. Sales tax regulations may change between the time you place an order and the time of credit card charge authorization and this may affect the calculation of sales taxes. The amount appearing on your payment page may differ from the sales taxes ultimately charged as indicated in the invoice you will receive with the shipping confirmation email.
You will be provided with options for shipping of the products you purchase on the Website. You are responsible for any expedited shipping costs for all products you order as specified on your order confirmation. You bear all risks of loss and damage to the Products from the time the same have been delivered to the carrier used to ship the Product. Delivery is deemed complete and title to the products passes to you upon acceptance of shipment by the carrier. There is no charge for shipping on orders for more than $50 of goods.
If any product that you purchase through this site has a defect you may return it for exchange for non-defective product or for a full refund within 30 days of your receipt of the product. You should inform us of any product defects by contacting us at team@Arqbotanics.com. Refunds will be credited to the account or credit card used for the original purchase.
Sanctions and Export Policy
You may not use our Website to purchase products if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by governments of the country where you are using the Website. You must comply with U.S or other export restrictions that may apply to goods purchased by you using our Website.
Changes to Products
You agree that we may, in our sole discretion, and at any time, terminate or suspend the operation of this Website or your use of the Website, without prior notice to you, for any reason that we, in our sole discretion, deems appropriate. You further agree that we will not be liable to you or to any third party for the consequences of such termination or suspension. In the event of any termination of your use of or access to the Website, you agree that the provisions of the Agreement regarding protection of intellectual property rights and licenses, indemnification, disclaimer of warranties, limitation on liability, and pre-dispute, mandatory binding arbitration, and class action waiver shall survive any such termination.
OUR USE OF CONTENT
“User Content” is material that you post to our Website. We consider User Content to be freely available for our use without any obligations to you. By posting User Content to the Website, you automatically and irrevocably: (a) grant and assign to us a royalty-free, perpetual, non-exclusive, unrestricted, fully transferrable worldwide license to any and all rights in the User Content including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing or other exploitation by us or by anyone we authorize, by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible into perpetuity; (b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) appoint us as your agent with full power to enter into any document and perform any act we consider appropriate to confirm the grant and assignment; (d) warrant that you are the owner of the User Content and entitled to post it to on this Website; (e) confirm that no such User Content will be subject to any obligation to you or any other person and that we shall not be liable for any use or disclosure of your User Content.
You may not copy, download, reverse engineer, reproduce, distribute, transmit, sell, market or make any other use of the content provided on the Website other than to use it to view our product offerings and purchase products from us.
You may not upload, post, email or otherwise send or transmit or introduce any material that contains software viruses, trojan horses, worms, logic bombs or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with this Website. You may not interfere with the servers or networks underlying or connected to this Website or violate any of the procedures, policies or regulations of networks connected to this Website. You may not access this Website in an unauthorized manner.
You may not use any robot, spider, or other automatic device, process, or means to access this Website for any purpose, including monitoring or copying any of the materials on this Website.
Gathering email addresses from Arq Botanics through harvesting or automated means is prohibited. Posting or transmitting unsolicited advertising, promotional materials or any other forms of solicitation to other users of this Website is prohibited. Inquiries regarding a commercial relationship with Arq Botanics should be addressed to email@example.com
You may not impersonate any other person while using this Website, conduct yourself in an offensive manner while using this Website, or use this Website for any illegal, immoral or harmful purpose.
By breaching any of the foregoing, you may commit a criminal offense under applicable laws. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, we may terminate your right to use this Website.
DIGITAL MILLENIUM COPYRIGHT ACT (“DMCA”) NOTICE
We are committed to complying with copyright and related laws, and we require all users of the Website to comply with these laws. Accordingly, you may not store any material or content on the Website, or use the Website to disseminate any material or content that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works in the United States who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the US Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent.
If you feel that material available over the Website constitutes a copyright infringement, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim. Please address any such claims to team@Arqbotanics.com along with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Website;
- Your address, telephone number, and email address;
GENERAL TERMS AND CONDITIONS
These Terms and Conditions of Service and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to their subject matter. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions of Service or the documents referred to in them.
Amendments and Modification
All notices given by you to us must be sent to Arq Botanics at terms@Arqbotanics.com. We may give notice to you at the e-mail address you provide to us in your customer agreement with us. Notice will be deemed received and properly served immediately when posted on our website or when an e-mail or other electronic communication is sent to you. In proving the service of any notice via email, it will be sufficient to prove that such e-mail was sent to the e-mail address you provide in your customer agreement with us.
Headings for Convenience Only
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY, AS THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH US, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You acknowledge and agree that before initiating any claim against us, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us including, but not limited to, information or representations related to our products and upon which you rely. You may send the written description by U.S. Mail to Arq Botanics at PO Box 250, Hudson, New York 12534. You agree to negotiate with us in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 60 days after our receipt of your written dispute, you agree to the dispute resolution provisions below.
The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association ("AAA"). The AAA’s rules are available at http://www.adr.org/consumer or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms and Conditions of Service. The arbitration will be conducted by a single arbitrator selected by the AAA. Arbitrations will be held in New York County, New York.
If the claim is for $10,000 or less, the party initiating the arbitration may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules.
All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties.
Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA Rules with the remainder paid by us. If the arbitrator finds that either the substance of your claim or the relief sought in the arbitration is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Arq Botanics for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
You and Arq Botanics waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Rather, you and Arq Botanics elect to have claims and disputes resolved by arbitration. In any litigation between you and Arq Botanics over whether to vacate or enforce an arbitration award, you and Arq Botanics waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge.
Notwithstanding the foregoing, either you or Arq Botanics may bring an individual action in small claims court.
This agreement to arbitrate will survive the termination of your relationship with Arq Botanics.
To the extent the parties are permitted under these Terms and Conditions of Service to initiate litigation in a court, both you and Arq Botanics agree that all claims and disputes arising out of or relating to the Terms or the use of the Products will be litigated exclusively in the federal and state courts located in New York County, New York. You and Arq Botanics consent to the personal jurisdiction of both courts.
In order to avoid irreparable injury to Arq Botanics, in the event of any breach or threatened breach by you of the provisions of this Agreement, we shall be entitled to seek an injunction or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting us from pursuing any other remedies available to us for such breach or threatened breach, including the recovery of monetary damages from you.
CLASS ACTION WAIVER
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. This means that we each agree to arbitrate in our individual capacities only, not as a representative of a class, a member of a class, or a Private Attorney General. Likewise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.