Terms of use — The Botanist Kitchen

TERMS AND CONDITIONS

TERMS AND CONDITIONS OF www.thebotanistkitchen.com

LAST UPDATED Apri 23, 2023

INTRODUCTION.

The website www.thebotanistkitchen.com is owned by The Botanist Kitchen, a Minnesota Limited Liability Company

These Terms and Conditions disclose our policies for how you may use our website and any of our content, programs, products and services. They outline your rights and obligations with regard to our website. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. Your use of our website, and any information that you provide to us, is subject to these Terms and Conditions.

By accessing our website, you are using it, and you acknowledge that you have read these Terms and Conditions and consent to be bound by all of their terms, without modification. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS, NAVIGATE AWAY FROM THIS WEBSITE.

DEFINITIONS.

“Website”= www.thebotanistkitchen.com and all content on www.thebotanistkitchen.com and all services offered on www.thebotanistkitchen.com

“We,” “us,” and “our” = The Botanist Kitchen

“User,” “you,” and “your” = website visitors, customers, and any other users of our website.

“Service” and “Services” = (but are not limited to) In-home meal prep, personal chef service, AMPlify kitchen organization, catering, informational/promotional newsletters, digital products, physical products, coaching services, group programs, membership programs, blogs etc.

“Content” = all intellectual property, proprietary information, trademarked and copyrighted material and all original works on our website and in our Services, including, but not limited to words, documents, program names, blog posts, data, information, design, website layout, artwork, graphics, color scheme, logos, proprietary information, branding, photographs, audio recordings and videos recordings.

“Personal Information” = information we may collect, use, request, or that you may provide to us voluntarily, and which may be used to identify you. Personal Information may include, but is not limited to, your name, email address, phone number, billing address and credit card information.

YOUR USE OF OUR WEBSITE.

You must be 18 years of age or older to view this website. If you are not 18 and do not have the power to enter into this Agreement, you are an unauthorized user and in violation of this Agreement. By using our website, you affirm that you are 18 years of age or older.

If you are caught violating any of these Terms and Conditions, we reserve the right to immediately terminate your access to our website, Services and access to any program you may have purchased from us, without refund, and to prosecute you to the full extent of the law.

YOUR CONDUCT ON OUR WEBSITE.

A. Lawful Purposes Only.

You agree to use our website for lawful, legitimate, non-commercial purposes only. You agree not to post or transmit through our website any unsolicited advertising or solicitation, mass mailing, petitions for signatures, chain letters or any other form of “spam.”

B. As It Relates to Others.

You agree not to post or transmit through our website any material which infringes on the intellectual property rights of any person or entity and you agree to hold us harmless should you do so.

You agree not to post or transmit through our website any material which violates or infringes on the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable. You agree not to post or transmit through our website any material which contains injurious formulas, recipes, or instructions, which encourages a criminal offense, gives rise to civil liability, or otherwise violates any law.

You agree not to post or transmit through our website any material which would constitute cyberbullying, stalking, abusing, sexually exploiting, violently exploiting or harassing any other users of our website. We have a zero tolerance policy and a violation of this term will result in your comments being immediately removed and we reserve the right to prosecute to the fullest extent of the law.

You acknowledge and agree that we have sole discretion as to whether your content is objectionable, and we have the right to remove it without explanations or legal consequences. You also acknowledge and agree that should your content give rise to further legal action, we reserve our right to pursue, and if a third party should choose to take legal action against you based on content you posted or transmitted on our website, you agree to hold us harmless and fully indemnify us for any actions or consequences that result. You agree that we are in no way liable to you for any defamatory or injurious conduct of any other user and agree to release us from any and all claims arising from such conduct.

C. As It Relates to Technology.

You agree not to post or transmit through our website any content which contains software viruses or other harmful computer software which interferes with or disrupts the operation of our website or any computer hardware or software. You acknowledge and agree that you are solely responsible for all electronic communications sent to us from your computer, phone, tablet or other device.

OUR MATERIALS.

A. Intellectual Property.

All of the Content on www.thebotanistkitchen.com and included in our Services, unless clearly stated otherwise, is solely owned by The Botanist Kitchen and is protected by United States and international copyright, trademark and other intellectual property laws, which prohibit its unauthorized use.

You agree not to copy, reproduce, duplicate, modify, publish, transmit, replicate on another website, create derivative works from, sell, assist in the sale of, distribute, display, perform, or in any other way, exploit our content or any of our intellectual property, in whole or in part, whether manually or by electronic means, whether or not you have purchased such information, without the express written consent of The Botanist Kitchen

We perform regular and routine searches for any infringing uses of our copyrighted material. If you wish to use our Content for any purpose other than viewing it for your own personal use, we offer licenses starting at $5,000. If it is discovered that you are using our Content other than in the ways expressly allowed by these Terms and Conditions, we will notify you and bill you accordingly. We also reserve the right, if such a violation is discovered, to immediately terminate your access to our website and our Services, without refund, and prosecute you to the fullest extent of the law.

When you view our website we grant you a limited, revocable, non-transferable license for personal, non-commercial use only.

You acknowledge and agree that our website consists of original work which has been produced with care, creativity and a significant investment of time, effort and expense and needs to be protected from unauthorized use. You may not represent any of our Content as your own and you acknowledge and agree that to do so constitutes theft and is a violation of our intellectual property rights. You agree not to share purchased materials with others who have not purchased them. You acknowledge and agree not to use our Content to gain profit, or attempt to gain profit, whether financially, or in any other way.

All of the copyrights on our website are solely owned by The Botanist Kitchen, our logos, tag lines, names, icons and design elements are trademarks belonging to The Botanist Kitchen which help consumers identify us, and are protected by United States Intellectual Property law. You agree not to use them in any way that is likely to cause confusion among consumers, implies a connection between us, an endorsement by us, or that discredits our brand in any way.

All rights not expressly granted here or by express written consent are reserved by us.

B. Express Written Permission.

Requests for express written permission to use any of the Content on our website or in our Services shall be made prior to such use, in accordance with these Terms and Conditions and can be addressed to info@thebotanistkitchen.com

C. Our Free Materials.

If you choose to download a free resource from our website, you acknowledge and agree that this free resource is to be used for your personal non-commercial use only. You agree not to edit, distribute or copy this free resource in any way. You agree that if you share this free resource you will provide The Botanist Kitchen proper credit and you will not represent the material to be your own. You further agree that you will not attempt to profit financially or in any other way from this free resource.

D. Our Newsletter.

If you choose to “opt-in” or subscribe to our free newsletter, in exchange for providing your email address, you acknowledge and agree that you are subscribing to a free, no obligation “advice” email newsletter and that no purchase is necessary to participate. You agree that if you no longer wish to be subscribed to our newsletter, you may “opt-out” or unsubscribe, at any time, by clicking on the link provided at the bottom of every newsletter, or by contacting us at info@thebotanistkitchen.com If you are unable to remove yourself from our free newsletter, you agree that the minimal intrusion of receiving our free newsletter will cause you no personal, emotional or financial harm, and you will take no action against us for any damages or injuries.

If you choose to “opt-in” you agree to receive communications from us electronically and acknowledge and agree that we may provide notices or disclosures to you in electronic form.

YOUR MATERIALS.

A. Intellectual Property.

You may have the opportunity to upload, post, submit or otherwise transmit material (“Your Material”) to our website. By posting any of Your Material, you automatically warrant and guarantee that you are the owner of that material and its copyright, or that you have the express permission of the owner and copyright holder to post it on our website. The responsibility of determining whether you own Your Material and have permission to upload, post, submit or otherwise transmit the material is entirely yours. You acknowledge and agree that we are in no way liable for any material you may upload, post, submit or otherwise transmit to our website. You acknowledge and agree that you are solely liable for any damage or injury which results in any way from Your Material, including any damages from copyright, trademark or proprietary rights infringement. You agree to hold us harmless from and against all claims and liabilities arising from any potential or actual infringement and or violation claimed against you. By uploading, posting, submitting or otherwise transmitting Your Material, you automatically warrant and guarantee that you are not violating any laws, rules, regulations or rights of third parties.

B. Security of Your Materials.

If you upload, post, submit or otherwise transmit Your Material via our website, you acknowledge and agree that third parties may see and have access to that content. We do not make any warranties or guarantees regarding the security of any content that you upload, post, submit or otherwise transmit to our website.

C. Our License to Your Materials.

When you upload, post, submit or otherwise transmit Your Material to our website, you grant us an irrevocable worldwide, royalty free, non-exclusive license to the content, in perpetuity, without any credit or compensation to you. This license grants us the right to use Your Materials for any purpose, including, to modify, change, transmit, publish, perform, sub-license, reproduce, broadcast, post, sell, create derivative works of or distribute, for promotional, business development and marketing purposes, in whole or in part, in any way now known or developed in the future. You also grant us proprietary rights and intellectual property rights to Your Material without any additional permission needed from you or compensation to you by us. You also grant us the right to use Your Material and to identify you, or not identify you, as the author/uploader of Your Material by using your name, email address, photograph or screen name or any other reasonable manner of identification.

D. Your Account.

To access certain Services on our website, you may be required to create an account, including a user name and password or provide other Personal Information such as your name and email address. In order to purchase our Services, you will also be required to submit payment information and a billing address. You acknowledge and agree that any information you provide to us is voluntary and if you do not wish to disclose such information, you can refrain from using our website and Services. You agree that any information you provide to us will be accurate and up to date. You agree not to impersonate someone else or provide an email address other than your own and you acknowledge and agree that should information you provide to us prove to be inaccurate or if you choose to impersonate another, this may constitute a legal violation and you agree to be financially and legally responsible for any consequences that may result. You agree not to use your account in a way that is illegal, unauthorized or violates any laws in your jurisdiction.

TESTIMONIALS.

All testimonials posted on www.thebotanistkitchen.com have been provided voluntarily, are factual and reflect the real life experiences of users of our Services. You acknowledge and agree that these testimonials are not a guarantee that you will have the same or similar results.

THIRD PARTY RESOURCES.

www.thebotanistkitchen.com may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the functionality, accuracy, content and policies of these third party websites or resources. A link on our website to a third party website or resource does not imply any endorsement by, affiliation with, or approval of that third party website and its resources.

These third party websites and resources may have their own Terms and Conditions and Privacy Policies and you acknowledge and agree that it is your sole responsibility to review those Terms and Conditions and Privacy Policies. We make no guarantees or warranties regarding the functionality, legality or accuracy of any content on third party websites or resources. We accept no responsibility for any loss, damage or injury that may result from your use of them. You acknowledge and agree that you are solely responsible for, and assume all risk arising from, your use of any third party websites or resources.

COMMERCE.

We may offer Services for purchase on our website. You acknowledge and agree that by making a purchase on www.thebotanistkitchen.com, you are subject to these Terms and Conditions, including our refund policy.

A. Services and Pricing.

Although we strive to be as clear as possible in describing our Services and listing their correct prices, you acknowledge and agree there may be inaccuracies on our website. The prices advertised on our website are subject to change. If a discrepancy in pricing is discovered, we will inform you as soon as possible and allow you to purchase at the correct price or cancel your purchase. We reserve the right to refuse or cancel any order with an incorrect price listing. We reserve the right to change or discontinue any Services or features listed on the website, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment. We reserve the right to change our prices at any time, with no notice required. Our Services are offered subject to acceptance of your order. We reserve the right to refuse to sell a Product or service to you, with no obligation to assign reason for doing so.

B. Financial Responsibility.

If you elect to purchase a Service and you make a payment through our website, your Personal Information, including (but not limited to) your full name, address, telephone number, email, method of payment, credit card number and billing information may be collected by us and by an authorized third party payment processor. You agree that all information you furnish for such purposes will be accurate, complete and up-to-date. You warrant and guarantee that you are an authorized user of the credit card or account you use to place your order, and that there are sufficient funds in your account to cover your purchase.

You acknowledge and agree that you are financially responsible for any purchases you make through our website, or by another person authorized by you to act on your behalf. If it is discovered that you charged an unauthorized payment using a credit card or account belonging to someone other than yourself, you acknowledge and agree that you alone remain financially responsible for such purchases.

C. Safety of Your Personal Information.

Although we take measures to safeguard your Personal Information, we make no guarantees or warranties regarding its safety or our ability to prevent its loss or misuse. You acknowledge and agree that we are not liable for any unauthorized access to or use of your information, regardless of negligence, failures, tort, breach of implied or express contract or other causes of action, regardless of damages. You acknowledge and agree that in no event, shall total liability exceed the price of the Services that you purchased from us, or if you have not purchased our Services, then in no event shall totally liability exceed $100 to any one person or collective plaintiffs.

We may use third party payment processors to complete the commercial transactions for the Services on our website. You acknowledge and agree that those third party payment processors may have terms, conditions and policies that are different from those that govern our website. You agree that we are not liable for the terms, conditions and policies of any third party payment processor. You acknowledge and agree that by making a purchase on our website, you may also be subject to the terms, conditions and policies of these third party payment processors and, by making such purchase, you agree to comply with their terms, conditions and policies. We encourage you to visit their websites and read their policies prior to making any purchases on our website. You agree to release us, and any third payment processor we may use, from any claims for damages you may incur as a result of making a purchase from us, and agree not to file any claims against us or any third payment processor we may use, arising from your purchase through our website.

D. Separate Purchase Agreement and Client Agreement.

When you purchase our Services, prior to completing your purchase, you will be presented with and asked to enter into a separate and additional agreement with us, either a Purchase Agreement or Client Agreement, depending on which Service you purchase (together “Additional Agreement”).

If you do not agree to that Additional Agreement, you will not be able to complete your purchase. If you do agree to that Additional Agreement, your purchase of the Service will constitute your acceptance, and a new contract will be formed between us which will govern that purchase, and you will be bound by that Additional Agreement. That Additional Agreement and all of its terms will be in effect alongside these Terms and Conditions, and both shall apply. In the event of any conflict between the two agreements, the Additional Agreement shall prevail.

E. Payments and Delivery.

Prior to processing your payment, you authorize us to complete a standard authorization check to make sure your payment is valid. If your payment does not process fully, we reserve the right to refuse to complete your purchase. No order is deemed accepted by us until payment has been processed.

When you purchase a Service from us, we will email you to confirm the placement of your order and with details regarding product delivery. If there is any error in this email confirmation, you agree to notify us as soon as possible. For digital products, delivery is considered complete when your payment has been processed and we have sent you your confirmation email with the Service’s download link, whether or not you have opened this email. For physical products, delivery costs will be added to the total cost and clearly displayed on your checkout page, prior to purchase. Applicable taxes will also be clearly displayed on your checkout page, prior to purchase. Any purchases you make on our website are subject to availability. Delivery times may vary according to availability and are subject to shipping delays for which we are not responsible.

F. Refunds.

We stand behind our Services and your satisfaction is very important to us. Because we have invested significant time, education, creativity and effort in creating our Services, our refund policy is as follows:

All but not limited to digital products, e-books, recipes, workbooks, and worksheets, in-home meal prep, catering, AMPlify, classes, workshops and all other services: all sales final and no refund will be given after purchase. If a refund is provided at any time it will be at the sole discretion of the owner of The Botanist Kitchen.

DISCLAIMERS.

By using www.thebotanistkitchen.com you agree in full to our Disclaimer, which can be found here www.thebotanistkitchen.com/terms-of-use

A. General Disclaimer.

Our website and its Content are for informational and educational purposes only. You acknowledge and agree that our Content and our Services may not be suitable for all persons, businesses, locations, or specific situations. We make no guarantees regarding the Content presented on this website and your success with applying it. We do not guarantee any specific results through the use of our website and Content and we do not make any guarantees regarding your success, whether legal, medical, financial or otherwise, from the application of our website and its Content. Your decision to visit our website, use any of its Content or purchase Services from us is voluntary and you acknowledge and agree that we are not liable for any harm or damage to you, your health, your well-being, your business, or otherwise which may result from the use, whether direct or indirect, of our website, its Content or our Services. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our website and its Content, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.

Should you choose to use our website and its Content or our Services, whether free or for purchase, you acknowledge and agree that under no circumstances will The Botanist Kitchen be liable to you or any party for any type of damages stemming from or perceived to stem from, any use or reliance on our website, its Content or our Services, including any injuries sustained as a direct or indirect result of use or reliance on such information. You agree to hold us harmless and release us from any and all claims arising from any use or reliance on information on our website, its Content or our Services, whether now known, or discovered in the future. You expressly agree not to make any claims against Selah Michele or The Botanist Kitchen

You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other website participant or user, including you.

B. Legal and Financial Disclaimer.

Our website and its Content are not to be perceived or relied upon in any way as business, financial or legal advice. You acknowledge and agree that Selah Michele is not a medical professional or other business professional and is not acting as such. All information relating to business, finances and the law is for informational and educational purposes only and is not business, financial or legal advice. The information provided through our website and its Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. Nothing on this website, its Content or in any of our Services is intended to be a substitute for professional advice of an accountant, lawyer, financial advisor, or any other expert regarding your specific situation. You are encouraged to consult with your own accountant, lawyer or financial advisor for any and all questions and concerns you have regarding your own specific situation pertaining to your legal, business or financial needs.

C. Medical, Health and Mental Health Disclaimer.

Our website and its Content are not to be perceived as or relied upon in any way as medical advice or mental health advice. You acknowledge and agree that Selah Michele is not a physician, naturopathic physician, nurse practitioner, physician’s assistant, therapist, counselor, mental health practitioner, licensed dietitian, or other licensed or registered healthcare professional and is not acting as such. All information relating to medical and health conditions, products and treatments is for informational and educational purposes only and is not medical advice. The information provided through our website is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by a health professional, such as a physician, naturopathic physician, nurse practitioner, physician’s assistant, therapist, counselor, mental health practitioner, licensed dietitian, or other licensed or registered healthcare professional. Nothing on this website, its Content or in any of our Services is intended to be a substitute for a consultation with any such healthcare professional. You are encouraged to consult with your own health professional for any and all questions and concerns you have regarding your own specific situation pertaining to your health. You acknowledge and agree that any decision you make to use any information on our website or in our Services is voluntary and you are solely responsible for your results.

D. Technology Disclaimer.

We strive to ensure that the availability and delivery of our website and its Content is uninterrupted and error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, to allow for repairs, maintenance, updates or other functions. By using our website, you acknowledge and agree that we make no guarantees or warranties regarding our website and its condition, including its functionality, the existence of viruses, uninterrupted use and availability. To the fullest extent permitted by law, you acknowledge and agree that we are not liable to you for damages, refunds, or any other remedy, should our website or its Content become unavailable, slow or incomplete for any reason. You agree that in the event of an interruption of the access to our website, we do not owe you any refunds or reimbursement. You acknowledge and agree that we may, at any time, in our sole discretion, discontinue our website, its Content, and our Services, without any notice, and such items may no longer be available. You acknowledge and agree that we are in no way obligated to continue operating our website and that we are not liable to you in any way for a decision to cease its operation.

E. Errors and Omissions Disclaimer.

We strive to include the most up-to-date and accurate information on our website, its Content and in our Services. You acknowledge and agree that information contained on our website, its Content and in our Services may inadvertently include inaccuracies, errors or omissions and we expressly exclude any and all liabilities for these inaccuracies, errors or omissions.

F. Warranties Disclaimer.

WE MAKE NO WARRANTIES REGARDING OUR WEBSITE OR ITS CONTENT. YOU ACKNOWLEDGE AND AGREE THAT OUR WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR ITS CONTENT WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE OR CONTENT ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

PERSONAL RESPONSIBILITY AND ASSUMPTION OF RISK.

You agree that you are using your own judgment in using our website, its Content and our Services, and you acknowledge and agree that you are doing so at your own risk.

LIMITATION OF LIABILITY.

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL OUR COMPANY, ITS PARENT, SUBSIDIARIES, OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES OF ANY OF THEM BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF, WHETHER DIRECTLY OR INDIRECTLY, YOUR USE OF OUR WEBSITE, ITS CONTENT, OUR SERVICES OR YOUR UPLOADED MATERIAL, AND WE EXPRESSLY EXCLUDE SUCH LIABILITY TO THE FULLEST EXTENT OF THE LAW. YOU AGREE THAT WE ARE NOT TO BE HELD LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, RESULTING FROM THE USE OF OUR WEBSITE, ITS CONTENT OR OUR SERVICES, INCLUDING ANY INJURIES SUSTAINED OR MEDICAL AILMENTS THAT RESULT.

ADDITIONALLY, THE BOTANIST KITCHEN IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE IN THE WEBSITE’S TECHNICAL OPERATION; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL, LOSS OF TIME OR LOSS OF DATA AND ANY OTHER LOSS OR DAMAGE OF ANY KIND; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF THE BOTANIST KITCHEN HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES.

IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE BOTANIST KITCHEN’S CUMULATIVE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM US, AND IF NO PURCHASE HAS BEEN MADE BY YOU, IN NO EVENT SHALL THE BOTANIST KITCHEN’S CUMULATIVE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).

INDEMNIFICATION.

You agree at all times to indemnify, defend and hold harmless The Botanist Kitchen as well as our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, licensees or any other party associated with us, from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees and expenses, arising out of or related to our website, its Content and our Services, or any breach by you of any obligation, warranty, representation or covenant in these Terms and Conditions or in any other agreement with us. You acknowledge and agree that you will provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You agree to cooperate fully and reasonably as required by us, in the defense of any claim. Notwithstanding the foregoing, we retain the right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of action which are brought against us. You agree not to settle any third party claim or waive any defense without our prior written consent.

TERMINATION.

You acknowledge and agree that we have the right, at any time, in our sole discretion to refuse or terminate your access to our website, for any reason, without notice or requirement for explanation for such refusal. If your access is terminated, our decision is not open to appeal or any legal action.

GOVERNANCE.

These Terms and Conditions shall be construed in accordance with, and governed by, the laws of the State of Minnesota as applied to contracts that are executed and performed entirely in Minnesota The exclusive venue for any legal proceeding based on or arising out of this Agreement shall be Hennepin County, Minnesota.

DISPUTE RESOLUTION, LITIGATION EXPENSES.

Should any dispute arise, it would be preferable to work it out amicably between us, but if that is not possible, then you agree that the dispute will be resolved by Arbitration, by the American Arbitration Association, in Hennepin County, Minnesota. You agree to participate in the arbitration process in good faith, and further agree that the decision made by the Arbitrator is binding, not subject to appeal, and enforceable in any court of competent jurisdiction as a judgment of law. You agree that any Arbitration must be commenced within one year of the date of the grievance, or forfeited forever.

You acknowledge and agree that the only remedy that can be awarded to you through Arbitration is a refund of your payment made to us. NO AWARD OF ANY CONSEQUENTIAL OR ADDITIONAL DAMAGES MAY BE AWARDED TO YOU.

If any legal proceeding is brought for the enforcement of these Terms and Conditions, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of these Terms and Conditions, the prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in pursuing that action or proceeding, in addition to any other relief to which they are entitled.

ENTIRE AGREEMENT, WAIVER.

These Terms and Conditions, along with the Privacy Policy and Disclaimer posted on www.thebotanistkitchen.com constitute the entire agreement between you and The Botanist Kitchen regarding our website and Services, and supersedes all prior and contemporaneous agreements, representations, and understandings between us, with the exception of any separate agreements, including Terms of Purchase entered into by you via your decision to purchase Services from us. You acknowledge and agree that no waiver of any of the provisions of these Terms and Conditions by us, shall be deemed, or shall constitute, a waiver of any other provision of these Terms and Conditions, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver of any of the terms of these Terms and Conditions shall be binding unless expressly executed in writing by us and signed by an authorized officer of our company.

NOTICES.

All notices, requests, demands, and other communications regarding these Terms and Conditions shall be in writing, sent via the US mail, addressed as follows:

Info@thebotanistkitchen.com

SEVERABILITY.

If any term, provision, covenant, or condition of these Terms and Conditions is construed to be invalid, void, or unenforceable under applicable law, the other provisions of these Terms and Conditions shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated.

ASSIGNMENT.

These Terms and Conditions are not assignable, delegable, sub-licensable, or otherwise transferable by you. You acknowledge and agree that any transfer, assignment, delegation, or sublicense by you is invalid.

CHANGES TO THESE TERMS AND CONDITIONS.

We reserve the right, at our sole discretion to change, modify or otherwise alter these Terms and Conditions at any time and you acknowledge and agree that the burden is solely yours to routinely check these Terms and Conditions for updates. Such changes will be in effect immediately after being posted on this page. You acknowledge and agree that your continued use of this website after we post any modifications to these Terms and Conditions will establish your acknowledgment of the modifications and your consent to them, whether or not you have read them. We will notify you of any changes by posting them on this page. Please review these Terms and Conditions periodically to keep informed of their terms.

If you have any questions regarding these Terms and Conditions, please contact us at info@thebotanistkitchen.com

PRIVACY POLICY

LAST UPDATED April 23, 2023

INTRODUCTION.

The website www.thebotanistkitchen.com is owned by The Botanist Kitchen, a Minnesota Limited Legal Liability Company.

The Botanist Kitchen is committed to protecting your privacy online. This Privacy Policy discloses our policies regarding how we collect and process your personal data.

Your use of our website, and any information that you provide to us is subject to this Privacy Policy. This Privacy Policy applies to all site visitors, customers, and all other users of the site.

By accessing our website, you are using it, and acknowledge that you have read this Privacy Policy and consent to be bound by all of its terms, without modification. IF YOU DO NOT AGREE TO BE BOUND BY THIS Privacy Policy, NAVIGATE AWAY FROM THIS WEBSITE.

DEFINITIONS.

“Website”= thebotanistkitchen.com and all content on thebotanistkitchen.com and all services offered on thebotanistkitchen.com

“We,” “us,” and “our” = The Botanist Kitchen

“User,” “you,” and “your” = website visitors, customers, and any other users of our website.

PERSONAL INFORMATION.

Our website offers opportunities for you to voluntarily provide us with your personal information. The term “Personal Information” refers to information which may be used to identify you. Personal Information may include, but is not limited to, your name, email address, phone number, billing address, credit card information, photo, comments, images or videos. If you provide us with your Personal Information, we will collect the information you provide and process it according to this Privacy Policy. You acknowledge and agree that your decision to provide your Personal Information is voluntary and constitutes clear, specific, unambiguous consent for us to collect, process and retain your Personal Information.

A. COLLECTION OF PERSONAL INFORMATION

We collect your Personal Information in the following ways, for the following reasons:

1. When you enter information into our contact form, blog, social media page, online scheduler, take a survey or quiz, or provide us with other communication details, we may collect your name, email address, phone number and the text of any message you enter. We have the right to process this data based on our legitimate interest in communicating with you and responding to your questions or concerns. We may retain such information for our communication records.

2. When you “opt in” to receive communication from us in exchange for a free resource or training, we will collect your name and email address. We have the right to process this data for the purpose it was collected, based on your clear affirmative consent, and may also send you additional email marketing based on our legitimate interest in marketing to users who have demonstrated an interest in our Services. We may also offer you the opportunity to “opt in” to our email list and will obtain separate consent for that. If you give consent to “opt in” to receive communication from us, you may withdraw your consent at any time, by following the guidelines in section G. of this Privacy Policy.

3. When you “opt in” to our email list, we will collect your name and email address. We have the right to process this data based on either your clear affirmative consent to be added, or through our legitimate interest in direct marketing to you. If you give consent to “opt in” to our email list, you may withdraw your consent at any time, by following the guidelines in section G. of this Privacy Policy. We may use your data to send you social media marketing or to create look alike audiences through our social media platforms. In addition, we may use a tracking feature in our emails to collect information about the opening, clicking and forwarding of our emails to refine our future marketing.

4. When you become a customer, and make a purchase from us, we will collect information necessary to complete your transaction, including your name, email address, phone number, billing address, credit card and payment details. We have the right to process this data based on our contractual obligation to fulfill your purchase. We will not retain such information any longer than necessary. We may use third party data processors to transact your purchase and in that case, we will not have access to your payment information.

5. When you visit our website, we may use “cookies” to collect information on how you are using our website. The term “cookies” refers to small pieces of data that identify your browser and are sent to, and stored on your computer while you are visiting a certain website. The cookies we collect do not include any personal identifiable information, however they may include an anonymous unique identifier. We may use session cookies which expire when you close your browser, and persistent cookies which remain on your computer until you delete them. You always have the option to disable cookies through your web browser’s settings. However, if you disable cookies, you may not be able to access some areas of our website and some areas of our website may not function as intended. Our website does not respond to "Do Not Track” signals sent by your browser.

6. When you visit our website, we may collect information about your use of our website, via Automatic Data Collection Technology, such as Google Analytics and Facebook Pixels. We may collect your computer's Internet Protocol address, browser type, browser version, the time and date of your visit, the pages of our website that you visit, the time spent on each of those pages, the referring URL and other statistics in order to administer our website, diagnose technical problems, measure interest in and use of the various areas of our website and provide the highest possible level of service to our users. If we utilize third party Automatic Data Collection Technology, we will do so in compliance with their company policies. We may also receive data from third parties such as payment processing companies, social media platforms, advertising companies, search engines and other technical services. We strive to use only the services of third party companies who we have researched and determined are in compliance with the European Union’s General Data Protection Regulation (“GDPR”).

In all of these instances, we will only collect Personal Information from you if you voluntarily submit the information to us. We have the lawful grounds for processing the information we collect from you, as outlined above, in compliance with the European Union’s General Data Protection Regulation (“GDPR”).

By visiting and using our website, you acknowledge and agree that you have done so by your own free will and we may collect your Personal Information in these ways, consistent with the terms of this Privacy Policy.

B. USE OF PERSONAL INFORMATION

You have the right to be informed about how your information is being used.

1. When you contact us, through an online form, social media, blog, or other communication, we will use the Personal Information you voluntarily provide to us to communicate with you and respond to your contact

2. When you request a program or product from us, whether free or paid, or “opt in” to receive communication from us, we will use the Personal Information you voluntarily provide to us to deliver such program, product or communication, including resources, emails, newsletters, marketing or promotional materials, and notifications of updates to our business. We may also use your Personal Information for marketing purposes by uploading it to our social media platforms to create look alike audiences and using your comments and feedback in other marketing efforts.

3. When you purchase a program or product from us, we will use the Personal Information you voluntarily provide to us, including credit card details and billing address to complete your transaction. We will not store or share this financial Personal Information. We will also use your Personal Information to communicate with you about the program or product you purchased and to keep you updated on necessary information regarding our Services.

4. When you visit our website, we will use the (Non-Personally Identifiable) Information we collect to administer our website, diagnose technical problems, measure interest in and use of the various areas of our website, create a better user experience and provide the highest possible level of service to our users. Our website does not use any information to make automatic decisions.

By collecting and using your Personal Information, we are acting as a Data Controller with discretion to decide what information we collect, how we use it and store it. We may use a third party to act as a Data Processor to store and process your Personal Information. We strive to use only Data Processors who we have researched and determined are in compliance with the European Union’s General Data Protection Regulation (“GDPR”).

By visiting and using our website, you acknowledge and agree that we may use your Personal Information in these ways, consistent with the terms of this Privacy Policy.

C. SHARING OF PERSONAL INFORMATION

You have the right to be informed about how your information is being shared. We take appropriate actions to protect and maintain the confidentiality of your Personal Information.

1. We will share your Personal Information in limited circumstances for specific, limited purposes with trusted third parties, including our email management service and other members of our team who assist us in operating our website, managing our business, or providing legal or accounting services for us.

2. We will share the Personal Information that you provide to us when making a purchase with additional trusted third parties, including our payment processor and financial gateway to assist in completing the financial transaction.

3. We may share your Personal Information in the event of a sale of our company or with a joint venture or affiliate partner if necessary.

Your Personal Information will only be shared and processed for the specific, limited purpose as necessary. Your Personal Information will never be sold or given to any other entity without your consent, beyond what is required to complete a purchase or request. To the best of our abilities, trusted third parties with whom we share your Personal Information will keep such information confidential and will not disclose it to any other party, unless required to do so by law.

Although we aim to keep your Personal Information confidential, we may share your Personal Information if we are required to do so by law. We may also share your Personal Information if there is an attempted breach of security of our website, a perceived violation of this Privacy Policy or other agreements governing the use of our website or business, a threat to personal safety, property or rights of persons, including users of this website and others, or on the good faith belief that disclosure is necessary to identify or prevent an injury to our users, our property or the general public.

By visiting and using our website, you acknowledge and agree that we may share your Personal Information in these ways, consistent with the terms of this Privacy Policy.

D. STORAGE OF PERSONAL INFORMATION

You have the right to be informed about how your information is being stored.

Personal Information collected from you is stored through a data management system. This information may be accessed by third parties who help us obtain, manage or store that Information. Our website and servers are located in the United States and are governed by the laws of the United States, the state of Minnesota and the General Data Protection Regulation (“GDPR”) as it applies to information collected in the European Union. All information collected by us will be processed in the United States. If information is collected by us outside the United States, it will be transferred to the United States for processing and storing, and may be transferred back out of the United States for further processing. If your Personal Information is transferred to a country that has less protective laws than the country of your residence, it will be governed by this Privacy Policy.

By visiting and using our website, you acknowledge and agree that we may store and transfer your Personal Information in these ways, consistent with the terms of this Privacy Policy.

E. PROTECTION AND SECURITY OF PERSONAL INFORMATION

The security of your Personal Information, including information you voluntarily provide to us and that which we collect automatically, is important to us and we use our best efforts to protect it. We strive to use industry standard commercially acceptable online security measures, including a Secure Sockets Layer (“SSL”) on our website and only share your information with third parties who we have researched and determined to be compliant with current safety standards. However, no transmission over the internet or methods of electronic storage is 100% secure.

While we strive to protect your Personal Information, we are not responsible should an unauthorized third party gain access to your information, without our consent. In the event that thebotanistkitchen.com is tampered with, your information may be inadvertently intercepted. If we become aware that a data breach has occurred, we will notify the appropriate authorities within a timely manner. You acknowledge and agree that we are not responsible for these actions and any damages that result from the unauthorized use of your Personal Information. You expressly agree to hold us harmless from any and all claims which may arise from the unauthorized use of your Personal Information.

Please note, when you voluntarily give out your Personal Information online through our website or on our social media page, in a way that makes it viewable by others, whether through a comment on a blog, a posting on a message board, or by any other means, it can be viewed by the public and can potentially be collected and used by others. You acknowledge and agree that we cannot guarantee the security of the information you share in this manner. You expressly agree that you disclose such information at your own risk and you assume all responsibility for its unauthorized use.

Because our core activities do not consist of processing operations which require regular and systematic processing of data subjects on a large scale, nor do we process sensitive data on a large scale, we have determined that The Botanist Kitchen is not required to appoint a Data Protection Officer.

F. RETENTION OF PERSONAL INFORMATION

We only retain the minimum Personal Information necessary to fulfill the specific, limited purpose for which it was collected. We also retain and process Personal Information for reasonable business purposes, including legal compliance, financial record keeping and dispute resolution.

G. RIGHT TO CONTROL PERSONAL INFORMATION

You have the right to control your Personal Information including the right to access, receive a copy of, update, edit, delete, erase or restrict the processing of your Personal Information.

You may request information on how your Personal Information is being used and processed, request access to, request a copy of, restrict our use and processing of, or request to update, edit, delete or erase your Personal Information at any time, free of charge, by writing to us at:

The Botanist Kitchen

info@thebotanistkitchen.com

You also have the right to be forgotten, and may withdraw your consent previously given to us, by “opting-out” or unsubscribing from our email list through an online automated process at your own discretion, at any time. To “opt-out” or unsubscribe from our list, you may click the unsubscribe button visible at the bottom of every email we send to you as a subscriber through this list, or you may email us directly at info@thebotanistkitchen.com . Once you “opt-out” or unsubscribe from our email list, we will remove you and you should not receive additional emails from us, except in the case of a technical glitch

EXTERNAL WEBSITES AND SOCIAL MEDIA.

We may include links to external third-party websites on our website. You acknowledge and agree that this Privacy Policy only governs and applies to thebotanistkitchen.com and you expressly agree that if you choose to click on any external link, it is entirely at your own risk. You acknowledge and agree that is your responsibility to review the Privacy Policy of any external websites you visit, even if you were redirected there by clicking on a link located on our website.

You acknowledge and agree that we make no warranties, whether express or implied, regarding the terms and policies of these external websites and we are in no way responsible for any damages arising from any interactions with these external websites.

In addition, all use of external social media platforms that we participate in are governed by the Privacy Policy and terms of those platforms. You acknowledge and agree that your use of any social media platforms, even if linked to our website is entirely at your own risk. You acknowledge and agree that we make no warranties, whether express or implied, regarding the terms and policies of these social media platforms and we are in no way responsible for any damages arising from any interactions with these social media platforms.

PASSWORDS.

To access certain Services on our website, you may be prompted to set up a user name and password. You acknowledge and agree that you are responsible for maintaining the security of such information and for any and all acts, losses or damages that result as a failure to keep this information secure. You agree to notify us immediately of any suspected unauthorized use of your account by emailing us at info@thebotanistkitchen.com

CHILDREN.

To access or use www.thebotanistkitchen.com , you must be 18 years of age or older and have the proper power and authority to enter into this Privacy Policy. This Site is not intended for users under the age of 18 and, in compliance with COPPA (Children’s Online Privacy Protection Act) we do not knowingly collect or request any information from children under the age of 18.

GOVERNANCE.

This Privacy Policy and all matters relating to our website are governed by the laws of the United States and the State of Minnesota.

CHANGES TO THIS PRIVACY POLICY.

This privacy policy is effective as of April 23, 2023 and will remain in effect until further notice. We reserve the right, in our sole discretion to change, modify or otherwise alter this Privacy Policy at any time. Such changes will be in effect immediately after being posted on this page. Your continued use of this website after we post any modifications to this Privacy Policy will establish your acknowledgment of the modifications and your consent to them. We will notify you of any changes by posting them on this page. Please review this Privacy Policy periodically to keep informed of its terms.

If you have any questions regarding this Privacy Policy, any of your rights under this Privacy Policy, or to access, update or delete your information, please contact us at info@thebotanistkitchen.com

FULL DISCLAIMER

DISCLAIMER OF www.thebotanistkitchen.com LAST UPDATED Apr 23, 2023

INTRODUCTION.

The website thebotanistkitchen.com is owned by The Botanist Kitchen LLC, a Minnesota Limited Liability Company.

This Disclaimer discloses what we do, what we do not do, and how to use the information on our website and in our Services. It applies to all website visitors, customers, and all other users of the site. Your use of our website, and any information that you provide to us, is subject to this Disclaimer. By accessing our website, you are using it, and you acknowledge that you have read this Disclaimer and consent to be bound by all of its terms, without modification. By using thebotanistkitchen.com, you agree that the exclusions and limitations of liability of this Disclaimer are reasonable. IF YOU DO NOT AGREE TO BE BOUND BY THIS DISCLAIMER, NAVIGATE AWAY FROM THIS WEBSITE.

DEFINITIONS.

“Website”= thebotanistkitchen.com and all content on thebotanistkitchen.com and all services offered on thebotanistkitchen.com

“We,” “us,” and “our” = The Botanist Kitchen

“User,” “you,” and “your” = website visitors, customers, and any other users of our website.

“Service” and “Services” = (but are not limited to) In home meal prep services, personal chef services, catering services, workshop and or educational services, public speaking, physical products, informational newsletters, digital downloads and products, authorized third party company discount codes, recipes and blog, coaching services, business consulting, content creation, and group programs.

YOUR USE OF OUR WEBSITE.

THE PURPOSE OF OUR WEBSITE.

Thebotanistkitchen.com is for informational and educational purposes only and is not to be perceived or relied upon, in any way, as business, financial, legal, medical or mental health advice. All suggestions and recommendations are purely informational and educational, intended as a self-help tool only. If you act upon any suggestion or recommendation on our website, you acknowledge and agree, it is solely at your own risk, with no liability on our part.

Nothing on our website is intended to be a substitute for professional advice of an accountant, financial advisor, lawyer, physician, therapist, mental health practitioner, other licensed or registered business professional, healthcare professional or any other expert.

YOUR CONDUCT ON OUR WEBSITE.
You acknowledge and agree that any decision you make to view or use any information on our website, whether free or for purchase, is voluntary and you are solely responsible for your results. Under no circumstances will The Botanist Kitchen be liable to you, or anyone else, for any damages. You acknowledge and agree that all of the information on our website is general information only, we are unaware of your specific situation and you are solely responsible for your health, your well-being, your business, your finances and your life.

You acknowledge and agree that our website may not be suitable for all persons, businesses, locations, or specific situations. We make no guarantees regarding the content presented on our website and your results or success whether legal, medical, financial or otherwise, with applying it.

You agree that any information you provide to us, including your name, email address and payment information, should you purchase Services, will be accurate and up to date. If information you provide to us proves to be inaccurate, it may constitute a legal violation and you acknowledge that you will be financially and legally responsible for any consequences that result.

The Botanist Kitchen does not guarantee that you will obtain any results or earn any money using our Content. Nothing on our website or in our Services makes any guarantee or promise.

Our role is to support you in reaching your goals, but your success depends on your own motivation, dedication, and willingness to invest in your transformation. You acknowledge and agree that any decision you make to use any information on our website or in our Services is voluntary, at your own risk, and you are solely responsible for your results.

NOT MEDICAL ADVICE
Nothing on thebotanistkitchen.com or in our Services constitutes, or is intended to constitute or should be relied upon as medical advice. You are encouraged to consult with a licensed healthcare professional for any and all questions and concerns you have regarding your own specific situation pertaining to your health. We do not diagnose, treat, heal, cure or prevent any illness, medical condition or mental or emotional condition and nothing on our website, its content or in our services is intended to diagnose, treat, heal, cure or prevent any illness, medical condition or mental condition. The Botanist Kitchen provides health and nutrition coaching information and education, personal chef, meal preparation, and collaborative curated event services. Our services are not medical advice.

TESTIMONIALS.

All testimonials posted on thebotanistkitchen.com have been provided voluntarily, are factual and reflect the real life experiences of users of our Services. You acknowledge and agree that these testimonials are not a guarantee that you will have the same or similar results.

AFFILIATES.

We may promote, market, share or sell services, products or programs created by other individuals or businesses. We may partner, promote, become an affiliate of or joint venture with other individuals or businesses. Any such promotion will always be for individuals, services, programs or products that we feel confident align with ours and will provide high value for our visitors, users and customers. In exchange for such promotion, we may receive financial compensation or other payment. You agree to use your own judgment to decide whether to participate in or purchase these programs, products or services and agree that we have no involvement in that decision. You acknowledge and agree that we have no liability of any kind regarding your participation or purchase of programs, products or services that we promote on our website and agree to hold us harmless in any event.

THIRD PARTIES.

thebotanistkitchen.com may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the functionality, accuracy, content and policies of these third party websites or resources. A link on our website to a third party website or resource does not imply any endorsement by, affiliation with, or approval of that third party website and its resources.

You acknowledge and agree that we are not liable or responsible for any damages or injuries which result from your use or non-use of information on our website written by a third party, and you agree to release us from any and all claims which result.

You acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other website participant or user, including you.

PERSONAL RESPONSIBILITY AND ASSUMPTION OF RISK.

You acknowledge and agree that it is solely your responsibility to determine the risks of using our website. You acknowledge and agree that your use of our website is at your own risk and further acknowledge and agree that you assume all risks.

Our website is for informational and educational purposes only, merely to provide you with education and tools. You acknowledge and agree that any suggestions or recommendations on our website are to be taken at your own risk, with no liability on our part. You acknowledge and agree that you are solely responsible for your own actions, decisions and results based on the use, misuse or non-use of our website.

YOUR RIGHT TO CONSULT A LAWYER.

You explicitly acknowledge and agree that you have the right to consult an attorney before visiting and using our website, purchasing our services, or agreeing to be bound by this Disclaimer.

WARRANTIES.

SHOULD YOU CHOOSE TO USE OUR WEBSITE OR PURCHASE OUR SERVICES, You acknowledge and agree that YOUR DECISION IS VOLUNTARY AND WE MAKE NO GUARANTEES OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THEIR SPECIFIC APPLICABILITY TO YOUR HEALTH, YOUR BUSINESS, YOUR FINANCES, OR YOUR LIFE, AND YOU AGREE TO HOLD US HARMLESS FROM ANY DIRECT OR INDIRECT DAMAGES OR HARM AS A RESULT OF YOUR CHOICE TO PURCHASE AND USE SUCH SERVICES AND THE INFORMATION CONTAINED IN THEM, AND YOU HEREBY RELEASE US FROM ANY AND ALL CLAIMS RELATING TO SUCH USE WHETHER KNOWN NOW OR DISCOVERED IN THE FUTURE. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY RESULT FROM YOUR USE OF OUR CONTENT, INCLUDING YOUR MENTAL, PHYSICAL OR FINANCIAL HEALTH, AND WE ARE NOT LIABLE FOR ANY DAMAGES OR LOSSES INCURRED AS A RESULT OF YOUR USE OR RELIANCE ON OUR CONTENT. YOU ALSO AGREE TO HOLD US HARMLESS FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT THAT MAY RESULT FROM ANY USE OR RELIANCE ON OUR WEBSITE OR ITS CONTENT AND YOU HEREBY RELEASE US FROM ANY AND ALL CLAIMS RELATING TO SUCH USE WHETHER KNOWN NOW OR DISCOVERED IN THE FUTURE.

ERRORS AND OMISSIONS.

We strive to include the most up-to-date and accurate information on our website. However, because scientific, technology, law and business practices are always changing, we cannot guarantee the accuracy of our website. You acknowledge and agree that information contained on our website may inadvertently include inaccuracies, errors or omissions and we are not liable in any way for any damages that are a direct or indirect result of these inaccuracies, errors or omissions.

FORCE MAJEURE

We shall not be liable for any costs or damages due to delay or nonperformance of this Agreement due to a Force Majeure, including acts of God, acts of people, government imposed restrictions and safely measures, quarantines, travel suspensions, and any other event beyond our control, whether foreseen or unforeseen.

LIMITATION OF LIABILITY

You expressly agree that THe Botanist Kitchen and Selah Michele will not be liable to you, or to any other individual, company or entity, for any type of harm, injury or damages, including direct, indirect, special, incidental, equitable or consequential loss or damages, resulting from or perceived to result from the use or non-use of, reliance on or inability to use our website.

You acknowledge and agree that we are not liable or responsible in any way for accidents, delays, injuries, harm, loss, damage, death, physical or mental condition, loss of profits, revenues, clients, income, anticipated income, projected income or sales, personal or business interruptions, misapplication of information, loss of data, computer failures, computer viruses, technical problems, defects, or delays, loss of goodwill, wasted time or any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable due to any act or default by us or anyone acting as our agent, consultant, affiliate, joint venture partner, employee, shareholder, director, staff, team member, or otherwise affiliated with our website.

To the fullest extent of the law, we expressly exclude liability for any damages, losses or injuries you incur in connection with our website. In the states that do not allow the exclusion or limitation of liability for damages, our liability is limited to the fullest possible extent permitted by law. In no event shall The Botanist Kitchen’s cumulative liability to you for all damages, losses or causes of action exceed the total purchase price from us, and if no purchase has been made by you, in no event shall The Botanist Kitchen’s cumulative liability to you for all damages, losses or causes of action exceed one hundred dollars ($100).

By using our website, you expressly agree to absolve The Botanist Kitchen and Selah Michele of any liability or loss that you or any other person may incur from the use or non-use of our website. You further agree to absolve anyone acting as an agent, consultant, affiliate, joint venture partner, employee, shareholder, director, staff, team member, or anyone otherwise affiliated with our business in any way of any liability for any loss, damage or injury that you or any other person may incur as a result of the use or non-use, whether direct or indirect of our website.

You expressly agree not to make any claims against The Botanist Kitchen and Selah Michele. By accessing and using our website, you agree to this limitation of liability and release The Botanist Kitchen and Selah Michele from any and all claims.

INDEMNIFICATION.

You agree at all times to indemnify, defend and hold harmless The Botanist Kitchen as well as our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, licensees or any other party associated with us, from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees and expenses, arising out of or related to our website, or any breach by you of any obligation, warranty, representation or covenant in this Disclaimer or in any other agreement with us. You acknowledge and agree that you will provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You agree to cooperate fully and reasonably as required by us, in the defense of any claim. Notwithstanding the foregoing, we retain the right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of action which are brought against us. You agree not to settle any third party claim or waive any defense without our prior written consent.

SEVERABILITY.

If any term, provision, covenant, or condition of this Disclaimer is construed to be invalid, void, or unenforceable under applicable law, the other provisions of this Disclaimer shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated. If any provision of this Disclaimer is found to be unenforceable, the other provisions shall in no way be affected.

CHANGES TO THIS DISCLAIMER.

We reserve the right, at our sole discretion to change, modify or otherwise alter this Disclaimer at any time. You acknowledge and agree that the burden is solely yours to routinely check this Disclaimer for updates. Such changes will be in effect immediately after being posted on this page. You acknowledge and agree that your continued use of this website after we post any modifications to this Disclaimer will establish your acknowledgment of the modifications and your consent to them, whether or not you have read them. We will notify you of any changes by posting them on this page. Please review this Disclaimer periodically to keep informed of its terms.

If you have any questions regarding this Disclaimer, please contact us at info@thebotanistkitchen.com.