Terms of Use 

 

THIS IS A LEGAL AGREEMENT BETWEEN YOU (referenced herein as “You/you” or “user” or with “your”) AND HARLEM BOTANICA, LLC (referenced herein as “HB”), THAT APPLIES EACH TIME YOU ACCESS OR USE https://www.harlembotanica.com (“Website”). PLEASE READ THESE TERMS OF USE (“TOU”) CAREFULLY BECAUSE THEY GOVERN YOUR ACCESS TO AND USE OF THE CONTENT (“HB Materials”) PROVIDED THROUGH THIS WEBSITE.

HB IS WILLING TO ALLOW YOU TO USE THIS WEBSITE AND TO PURCHASE OUR PRODUCTS ONLY UNDER THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TOU CONTAINED HEREIN. IF, FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO THESE TOU, YOU AGREE THAT YOUR PERMISSION HAS BEEN REVOKED TO ACCESS OR USE THIS WEBSITE AND AGREE TO CEASE USING OR ATTEMPTING TO USE THIS WEBSITE IMMEDIATELY.

Introduction

These TOU control the content and use of the information, material, and products found on this website. They also pertain to your purchases of the products from this website. They may also pertain to anything we reasonably believe should be added to these TOU from time to time.

License To Use Website

Subject to your compliance with these TOU, HB provides to you a personal, revocable, limited, non-exclusive, royalty-free, and non-transferable license to utilize this WEBSITE. Unless stated otherwise, HB owns the intellectual property rights that are published on this website and all materials utilized to create it and make it operate.

You may view, download for caching purposes only, and even print pages, files or other content from our website for your own personal use, subject to the restrictions set out below and elsewhere in this agreement. However, you may only redistribute our content to members of your own household.

 

Restrictions

Notwithstanding the foregoing license grant, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein, on this WEBSITE. Specifically, and by way of illustration and not limitation, you may not separate and/or use any graphics, photographs, interfaces, audio, video, sounds, artwork, designs, computer code (including html code), programs, software, and documentation found on or accessible through this website that has not been expressly authorized for you to utilize.

Moreover, you may not:

(i) Use any “page scrape,” “deep link,” “robot,” “spider,” or any other device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of this website or in any way reproduce or circumvent the navigational structure or presentation of this website in order to obtain or attempt to obtain any of HB’s Materials or any other information through any means not purposely made available through this WEBSITE;

(ii) Attempt to gain unauthorized access to (a) any portion or feature of this website, (b) any other systems or networks connected to this website, (c) any HB server, or (d) to any of the services offered on or through this website, by hacking, password “mining,” or any other illegitimate or prohibited means;

(iii) Probe, scan, or test the vulnerability of this website or any network connected to this website, nor breach the security or authentication measures on this website or any network connected to this website;

(iv) Reverse look-up, trace, or seek to trace any information on any other user of or visitor to this website,

(v) Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this website or HB ’ systems or networks or any systems or networks connected to this website,

(vi) Use any device, software, or routine to interfere with (a) the proper working of this website, (b) any transaction conducted on this website, or (c) with any other person’s use of this website,

(vii) Forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to HB on or through this website,

(viii) Use this website to harvest or collect e-mail addresses, contact information, or other user or visitor information;  

(ix) Use this website in a manner contrary to the law or in a manner that could damage, disparage, or otherwise negatively impact HB. 

(x) Resell our products in any format, including on third-party websites, without our express, written consent.

 

Disclaimer of Warranties

THIS WEBSITE AND THE PRODUCTS PROVIDED FOR PURCHASE ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Shipping and Returns

By utilizing this website, you consent to your items shipping between 1-3 business days, as items are often made to order in Harlem, NY. You also understand and agree that all sales are final and no returns will be permitted unless product is damage upon receipt.

 

Full Limitation of Liability and Indemnity

BY ACCEPTING THESE TERMS, YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY, EVEN IF DUE TO MALICIOUS OR UNAUTHORIZED CODE OR AS A RESULT OF OUR PERFUME PRODUCTS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE REASONABLE MECHANISMS TO SECURE AND PROTECT YOUR EQUIPMENT, PROGRAMS AND INFORMATION BECAUSE, TO THE MAXIMUM EXTENT OF APPLICABLE LAW, YOU WAIVE YOUR RIGHTS TO A CLAIM AGAINST US AND ASSUME ALL RISK OF LOSS OR DAMAGE THAT MAY ARISE OR BE ASSOCIATED WITH USE OF THIS WEBSITE OR OUR PRODUCTS.

We will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with this website or the products you may purchase from our website:

  • To the extent that this website is provided free-of-charge, for any direct loss;
  • For any indirect, special or consequential loss;
  • For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data
  • For any medical bills, permanent damage, disfigurement, or even death.

 

By utilizing this website, you are expressly agreeing to absolve and release HB from any claim of harm resulting from a cause beyond HB ’s reasonable control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. You are also expressly agreeing to absolve and release HB from any claim of harm resulting from injury or harm resulting from the use of our products.

Additionally, by using this website, you agree to defend HB and any or all of HB’s sponsors, members, affiliates, suppliers, promotional partners, operational service providers, agents and representatives (collectively, the “HB  Entities”) against any demands, claims or actions arising out of or as a result of your breach or violation of these TOU, including any violations of law and regulation, as well as claims of infringement, misappropriation or violation of the rights of others (“Claim”) and you shall indemnify and hold HB harmless from and against any and all losses, damages, costs and expenses, including attorneys’ fees, resulting from any such Claim. HB shall have the right, at any time, to assume the defense against any Claim and all negotiations for settlement and compromise and you agree to cooperate with us in any such defense.

Exceptions

These TOU will not exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in these TOU will exclude or limit the liability of HB in respect of any:

  • Death or personal injury caused by the negligence of our agents, employees or owners;
  • Fraud or fraudulent misrepresentation on our part; or
  • A matter which it would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

Reasonableness

By continuing to utilize this website and/or purchasing products from this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. Prior to accepting these terms, if you disagree with the reasonableness of our exclusions and/or the limitation of liability, you agree to immediately cease from utilizing this website and from purchasing our products.

Other Parties

You accept that, as a limited liability entity, HB has an interest in limiting the personal liability of our Members and/or Employees. You agree that you will not bring any claim personally against HB Members or Employees in respect of any losses you suffer in connection with this website or by utilizing our products.

Minors

HB does not knowingly collect personally identifiable information from children. If you are under the age of eighteen, you must ask your parent or guardian for permission to use this website and to make purchases from this website.

 

Breaches Of These TOU

Without prejudice to HB’s other rights under these TOU, if you breach this agreement in any way, we may take such action as we deems appropriate to deal with the breach, including suspending your access to this website, prohibiting you from accessing this website, blocking computers utilizing your IP address from accessing this website, contacting your internet service provider to request that they block your access to this website, and/or bringing court proceedings against you.

Assignment

HB may, at any time, transfer, sub-contract or otherwise deal with our rights and/or obligations under these TOU without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these TOU under ANY circumstance.

Waiver and Severability

No waiver by HB of any term or condition set out in these TOU shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of HB to assert a right or provision under these TOU shall not constitute a waiver of such right or provision.

If any provision of these TOU is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the TOU will continue in full force and effect.

Entire Agreement

These TOU constitute the entire agreement between you and HB in relation to your use of this website and our products. It supersedes all previous agreements in respect to your use of this website and our services.

Governing Law and Jurisdiction

These TOU will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction), and any disputes relating to these TOU will be subject to the exclusive jurisdiction of the courts of the State of New York.

 

Variation

HB may revise these TOU from time to time. Revised TOU will apply to the use of this website and the purchase of our products from the date of the publication of the revised TOU on this website. Please check this page regularly to ensure you are familiar with the most current version.

 

Contact Information

HB welcomes your questions or comments regarding these TOU. If you believe that HB has not adhered to this Statement or if you have questions, please contact HB at: [email protected]

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