Terms of Use 2018-02-23T19:13:34+00:00

Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE.

By using the Site, you signify your assent to these Terms and Conditions. If you do not agree to these Terms and Conditions of use, do not use the Site!

Steller Botanical Health, LLC may revise and update these Terms and Conditions at any time. Your continued usage of the website will mean you accept those changes.

THE SITE DOES NOT PROVIDE MEDICAL ADVICE.

Statements made on this website regarding the herbal and natural products offered on this website have not been evaluated by the food and drug administration as the FDA does not evaluate or test herbs.

The contents of the Site, such as text, graphics, images, information obtained from Steller Botanical Health, LLC, and other material contained on the Site (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. It is not a substitute for a medical exam, nor does it replace the need for services provided by medical professional. Always seek the advice of your doctor before taking any prescription or over the counter drugs or following any treatment or regiment. Only your doctor can provide you with advice on what is safe and effective for you. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site!

If you think you may have a medical emergency, call your doctor immediately. Steller Botanical Health, LLC does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Steller Botanical Health, LLC, Steller Botanical Health, LLC employees, others appearing on the Site at the invitation, or other visitors to the Site is solely at your own risk.

CHILDREN’S PRIVACY

We are committed to protecting the privacy of children. You should be aware that the Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we know is a child under the age of 13.

USE OF CONTENT

Steller Botanical Health, LLC authorizes you to view or download a single copy of the material on the Site solely for your personal, noncommercial use if you include the following copyright notice: “Copyright (c) 2017, Steller Botanical Health, LLC, All rights reserved” and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.

The Content is protected by copyright under both U.S. and foreign laws. Title to the Content remains with Steller Botanical Health, LLC or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Steller Botanical Health, LLC. All rights not expressly granted herein are reserved to Steller Botanical Health, LLC and its licensors.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

LIABILITY OF STELLER BOTANICAL HEALTH, LLC AND ITS LICENSORS.
The use of the Site and the Content is at your own risk.

When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Steller Botanical Health, LLC and its suppliers. Accordingly, Steller Botanical Health, LLC assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted with the use of the Site.

The Site and the content are provided on an “as is” basis. Steller Botanical Health, LLC, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Steller Botanical Health, LLC, its licensors, and its suppliers make no representations or warranties about the following:

  • The accuracy, reliability, completeness, correctness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Site or Steller Botanical Health, LLC.

In no event shall Steller Botanical Health, LLC, its licensors, its suppliers, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Steller Botanical Health, LLC is advised of the possibility of such damages. Steller Botanical Health, LLC is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

USER SUBMISSIONS

The personal information you submit to Steller Botanical Health, LLC is governed by the Steller Botanical Health, LLC Privacy Policy. To the extent there is an inconsistency between this Agreement and the Steller Botanical Health, LLC Privacy Policy, this Agreement shall govern.

You agree that you will not upload or transmit any communications or content of any type to the Public Areas that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.

If you make any such submission You agree that you will not send or transmit to Steller Botanical Health, LLC by email, (including through the email addresses listed on the “Contact Us” link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Steller Botanical Health, LLC by email, you agree such submission is non-confidential for all purposes.

If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to Steller Botanical Health, LLC by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-Steller Botanical Health, LLC a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Steller Botanical Health, LLC may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to Steller Botanical Health, LLC by email. We try to answer every email in a timely manner, but are not always able to do so.

PASSWORDS

Steller Botanical Health, LLC has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Steller Botanical Health, LLC passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your Steller Botanical Health, LLC account and password; (3) promptly inform Steller Botanical Health, LLC of any need to deactivate a password. You grant Steller Botanical Health, LLC and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Steller Botanical Health, LLC cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using Steller Botanical Health, LLC tools and services.

STELLER BOTANICAL HEALTH, LLC MEMBER TO MEMBER AREAS (“PUBLIC AREAS”)

If you use a Public Area, such as a chat room or bulletin board, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Steller Botanical Health, LLC is not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor immediately.

In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

  • Using a Public Area for any purpose in violation of local, state, national, or international laws;
  • Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
  • Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Steller Botanical Health, LLC in its sole discretion;
  • Posting advertisements or solicitations of business;
  • After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
  • Posting chain letters or pyramid schemes;
  • Impersonating another person;
  • Distributing viruses or other harmful computer code;
  • Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent;
  • Allowing any other person or entity to use your identification for posting or viewing comments
  • Posting the same note more than once or “spamming”; or
  • Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of Steller Botanical Health, LLC, exposes Steller Botanical Health, LLC or any of its customers or suppliers to any liability or detriment of any type.

Steller Botanical Health, LLC reserves the right (but is not obligated) to do any or all the following:

  • Record the dialogue in public chat rooms.
  • Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
  • Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
  • Terminate a user’s access to any or all Public Areas and/or the Site upon any breach of these Terms and Conditions.
  • Monitor, edit, or disclose any communication in the Public Areas.
  • Edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these standards.

Steller Botanical Health, LLC reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. Steller Botanical Health, LLC has no liability or responsibility to users of the Site or any other person or entity for performance or nonperformance of the activities.

Steller Botanical Health, LLC may provide links to third-party web sites. Steller Botanical Health, LLC also may select certain sites as priority responses to search terms you enter and Steller Botanical Health, LLC may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Steller Botanical Health, LLC does not recommend and does not endorse the content on any third-party websites. Steller Botanical Health, LLC is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Steller Botanical Health, LLC does not endorse any product advertised on the Site.

INDEMNITY

You agree to defend, indemnify, and hold Steller Botanical Health, LLC, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

GENERAL

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.

JURISDICTION

You expressly agree that exclusive jurisdiction for any dispute with Steller Botanical Health, LLC, or in any way relating to your use of the Site, resides in the courts of Juneau, Alaska and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Juneau, Alaska in connection with any such dispute including any claim involving Steller Botanical Health, LLC or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of Juneau, Alaska, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting Steller Botanical Health, LLC’s copyright agent (identified below) and providing the following information:

  • Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  • Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  • Your name, address, telephone number and (if available) e-mail address.
  • A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  • A signature or the electronic equivalent from the copyright holder or authorized representative.

COMPLETE AGREEMENT

Except as expressly provided in a particular “legal notice” on the Site, these Terms and Conditions and the Steller Botanical Health, LLC Privacy Policy and Agreement constitute the entire agreement between you and Steller Botanical Health, LLC with respect to the use of the Site, and Content.

Thank you for your cooperation. We hope you find the Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using info@stellerbotanicalhealth.com or via mail to Steller Botanical Health, LLC, PO BOX 151, GUSTAVUS, AK 99826-0151. We try to answer every email in a timely manner but are not always able to do so.