Terms of Use

PLEASE REVIEW THESE BASIC TERMS FOR USE OF THE GARDEN BOTANIKA WEB SITE. BY USING THE SITE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH ONE OF THESE TERMS, PLEASE DO NOT USE THIS SITE. IN ADDITION, WE HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT. We may change these Terms any time. By using the Site after a change, you agree to follow and be bound by the Terms as changed. Please read these Terms regularly.

Site Contents
Unless otherwise expressly noted, you should assume everything you see, hear, or otherwise receive from or on the Site (the "Contents") is copyright, trademark, trade dress or other intellectual property owned or licensed by Garden Botanika, a division of Schroeder & Tremayne. The Contents include images, illustrations, designs, icons, photographs, trademarks, logos, text, software, sounds, music, the Site as a whole and any other materials at the Site.

Copyright Statement
All content included on this site, including text, graphics, logos, icons, images, and software is protected by U.S. and international copyright laws. Garden Botanika's logos, products and service names are owned by Schroeder & Tremayne, Inc. Garden Botanika and the lotus design are registered trademarks and Nourish, Enhance, Infuse, Touch, Immerse, and Essence of the Season are trademarks of Schroeder & Tremayne, Inc.

Any reproduction or use of any of the contents of this Site without the express written consent of Garden Botanika is prohibited.

Product Information
Products displayed on the Site can be delivered only within the United States and Canada. Prices are valid and effective only in US dollars. We attempt to ensure the currency and accuracy of all product information. However, prices are subject to change without notice. Canadian Customers are responsible for all duties/taxes payable upon delivery. We do not warrant the currency or accuracy of Site information regarding product price and availability. We have tried to accurately display the colors of our products on the Site. However, the colors you see will depend on your monitor. We cannot guarantee that your monitor's display will be accurate.

Links to Other Sites
Any outside links are provided only as a convenience. If you have any concerns regarding any outside site linked to or from the Site, please direct them to the owner or operator of the outside site. All use of outside links is at your sole risk. Garden Botanika is not responsible for any outside sites, services or other materials linked to or from the Site, and disclaims all liability for any injury you may experience by using such materials. You may not create hyperlinks to this Site which portray Garden Botanika in a false or misleading light and you may not use any "framing" or similar techniques to enclose any portion of this Site.

Disclaimer
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT,TO THE EXTENT ALLOWED BY LAW, GARDEN BOTANIKA SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

Indemnification
You agree to defend, indemnify and hold Garden Botanika harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site by either you or Garden Botanika.

Miscellaneous
Unless otherwise specified, Garden Botanika displays this Site and the Contents solely to market and promote Garden Botanika's products and services in the United States and select foreign markets. Garden Botanika controls and operates this Site from its offices in St. Louis, Missouri.

These Terms shall be construed according to Missouri state law, without regard to conflicts of laws. Any dispute arising under or relating to these Terms, the Contents, the use of the Site, or products or services purchased using this Site, shall be resolved exclusively by the state and federal courts of the State of Missouri. Your use of the Site constitutes your consent to the jurisdiction and venue of said courts with respect to any such dispute.

In the event any one or more of the provisions contained in this Agreement or any application thereof finally shall be declared by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality or enforceability of the remaining provisions of this Agreement or any application thereof shall not in any way be affected or impaired, except that, in such an event, this Agreement shall be amended in such respects as are necessary to provide the party adversely affected by such declaration with the benefit of its expectation to the maximum extent legally permitted.

These Terms are the entire agreement between you and Garden Botanika relating to the Site or its Contents. Any other agreements between you and Garden Botanika are superseded and have no force or effect.

Termination
Your failure to comply with these terms automatically revokes your authorization to use the Site and terminates any and all rights granted to you under the Terms of Use. The restrictions, including restrictions with respect to the Content, disclaimers and liability limitations in these Terms shall continue to apply. Upon denial of access, you must promptly destroy all Content downloaded or obtained from this Site, as well as all copies of Content.

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