Terms Of Service
TERMS OF SERVICE
By purchasing any products from Seller you are agreeing to all of the following Terms and Conditions. Seller posses the right to change these terms at anytime and without notice to Buyer. “Seller” refers to NuEarthBotanical LLC, the website www.nuearthbotanical.com, and all persons in association with NuEarthBotanical LLC; “Buyer” refers to the individual, company, firm, or other legal entity purchasing the Goods from the Seller for any and all purposes; “Goods” refers to any and all of the material or products which are the subject of the Contract; and “Contract” refers to a mutual agreement between the Seller and Buyer in exchange for the sale of Goods.
Our general disclaimer:
Any products on this website have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure, or prevent any disease. Products on this website should not be misused and you are encouraged to do your own research as we are not medical professionals. You must be over 18 years of age to purchase any products from this website. These products are not intended for human consumption should not be consumed; you are responsible for the use of this product and assume all risk associated with said use. All of our products are sold for legitimate purposes only. By placing an order, you are agreeing to the above disclaimer. For more details, see the sections below.
Goods may not be purchased by anyone under the age of 18. Buyer agrees at time of purchase that all orders may be subject to the requirement of adult signature or other proof of age of Buyer prior to or on date of delivery.
Buyer acknowledges that any and all Goods purchased from Seller are intended solely for the purpose of scientific research and development and are in no way intended for human consumption under any circumstances. Buyer agrees that any consumption of Goods offered by Seller is a misuse of said Goods. Buyer will not hold Seller responsible for any consequence, whether seen or unforeseen, nor will Buyer hold Seller responsible for any harm or injury resulting from the misuse of said Goods.
You agree that you are eighteen (18) years of age or older, or of the age of majority where you reside; you intend to use, and shall use, any products purchased through NuEarthBotanical LLC for your own personal use, however, if you request the shipment of any products to a third party, you represent that the receiving party is also eighteen (18) years of age or older, or of the age of majority where that receiving party resides, and intends to use any products for his or her personal use; you understand that the products available on the Site are not intended for human consumption, and you have no intention of consuming these products marked as not intended for human consumption or marked as not intended for internal use.
Any communications or inquiries regarding human consumption of NuEarthBotanical LLC products cannot be responded to, and will result in immediate termination of your access to the products on the Site.
Regulation and Risk of Loss
Buyer is fully responsible for any and all local laws pertaining to the purchase of Goods. Seller declares the offer of Goods void where prohibited. If Goods are lost during transport to Buyer, due to Buyer negligence to obey all applicable laws, whether local or otherwise, Seller deems loss of Goods the responsibility of the Buyer. Any risk of loss is immediately transferred to Buyer upon purchase of Goods.
Shipment Risk of Loss and Packaging
All prices are FOB (free on board) NuEarthBotanical LLC place of shipment, unless otherwise stated. Title to the goods, and risk of loss and damage, shall pass at place of shipment, with the only limitation being that, if an order is lost in transit by a courier, and the courier conducts an investigation and finds that the order was, in fact, lost in transit, then NuEarthBotanical LLC will reship the products in the order. No reshipment or refund of any orders will occur if NuEarthBotanical LLC receives a delivery confirmation of the order.
NuEarthBotanical LLC shall not be liable for any failure to deliver or delay of delivery of products where such failure or delay has been occasioned by fire, embargo, strikes, wars, accidents, acts of God, voluntary or involuntary compliance with any valid law or regulation of any governmental agency or authority, lack of transportation facilities, or similar causes beyond the control of Seller. In the case of the above events, NuEarthBotanical LLC will make the shipment at a later date, and you must accept delivery at the agreed price, when the causes of such delay no longer exist.
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your own computer. You agree to accept responsibility for all activities that occur under your account or password. NuEarthBotanical LLC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
The billing and shipping information given to Seller are affirmed by Buyer and are said to be both truthful and accurate. Buyer confirms all personal information given is solely Buyer’s information and is not that of any third party.
Right to Refuse Sale
Seller may refuse sell or service to anyone for any reason. Goods will never be shipped or sold to Buyers outside the US for any reason. Goods will also never be shipped to Buyers in the State of Tennessee for any reason.
Seller will make all efforts to ship Goods to Buyer in an expeditious manner. In the event that delay occurs, Buyer acknowledges that Seller is not liable.
Refunds and Returns
We do accept returns/cancellations made the same day as the order before your package has been sent.
Gift cards have no cash value. Once they are issued, they are non-refundable and non-transferrable. The end user of a gift card(s) assumes all liability and agrees to our Terms and Conditions by using the gift card(s).
Not FDA Regulated
This website has not been evaluated by the Food and Drug Administration. All products offered on this website are not intended to diagnose, treat, cure, mitigate, or prevent any disease. You must be 18 years of age to purchase any products on the website. All products on the website are not for human consumption, and are for plant fertilization or Agriculture Nutrient Management research purposes only. We are not responsible for the misuse of our products.
Comments, Reviews, and Use Of Site
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You further agree that your comments will not contain abusive or obscene material, libelous or otherwise unlawful content or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e‑mail address, impersonate, or otherwise mislead us or third-parties as to the origin of any comments and use of site. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
The validity of these terms and conditions is not altered by the pronouncement of one or more of the terms and conditions legally invalid, illegal, or unenforceable. Each term and condition exclusively exists on its own merits and shall not be rendered invalid by any change in the others, regardless of circumstance.
Choice of Law and Venue
These Terms and Conditions, as well as any sale of Goods to Buyer, are deemed to have been both agreed to and have had occurred in the State of Florida. Any disputes or clarification of interpretation, and the remedies for enforcement or breach of contract, are to be applied pursuant to and in accordance with the laws of the State of Florida. Buyer and Seller expressly agree that all actions or proceedings arising in relation to the sale of any Goods or these Terms and Conditions shall be tried and litigated exclusively in the State or Federal Courts within the State of Florida. The Buyer relinquishes the right to contest exclusive venue by any motion to transfer, motion for forum non-conveniens or any and all related motions.
Disclaimer of Liability
The purpose of this Terms and Conditions agreement is to remove any and all liability of the Seller for events where harm or injury occurred as result from the purchase, use, or misuse of the Goods.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
All unique content developed by NuEarthBotanical LLC included on this site, such as photos, descriptive content, and logos is the property of NuEarthBotanical LLC, and is protected by United States and international copyright laws.
By purchasing the Goods you are hereby affirming the following:
- I am over 18. I am an adult under the laws of my State and Country.
I am in good health, of sound mind and body, and am capable of making my own decisions and representations.
LIMITATION AND DISCLAIMER OF WARRANTIES. I clearly understand that all Goods & information obtained through Seller are provided ‘AS IS.’ Goods are without warranty, express or implied. All implied warranties of merchantability, fitness for a particular purpose, are expressly hereby disclaimed.
. Under no circumstances will Seller be liable to me or any third party for any damages or injury resulting from use, misuse, or improper use of Goods. Neither shall Seller be liable, to me or any third party, for actions taken, by me or any third party, resulting from reliance on information or views, verbal or in literature obtained through Seller by any means. Waiver of liability includes and encompasses any and all damages whether incidental, consequential, special, or similar.
I agree to indemnify and hold harmless both Seller and all other parties involved, including but not limited to their owners, officers, affiliates, associates and employees, for any and all damages resulting from the purchase, use, or misuse of Goods. Seller and all of the aforementioned related parties shall not be liable under any circumstance or theory whatsoever.
No circumstance shall exist where Seller shall be liable for any damages whether direct or indirect, special, incidental, consequential or punitive.
I HAVE CLEARLY READ AND FULLY UNDERSTAND AND COMPREHEND THESE TERMS AND CONDITIONS, AS WELL AS ANY AND ALL CAUTIONS & WARNINGS, INCLUDING BUT NOT LIMITED TO THE WARNINGS PRINTED ON THE LABEL. I hereby agree and state that I will carefully abide by these cautions & warnings. I will also abide by and follow all warnings stated on the website regarding product use.
- NuEarthBotanical LLC, will always abide by the laws of the State of Florida and our internet retail operations are regulated by interstate commerce laws, which follow the federal laws of the United States of America. Aside from our home state, NuEarthBotanical LLC cannot and is not making any claims as to the legality of any of the products sold by it. It is the sole responsibility of each individual customer to comply with all laws and regulations of the particular jurisdiction which the customer resides or accepts delivery any products from us.