Terms of service

TRIBUTARY BOTANICALS, LLC TERMS AND CONDITIONS

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. These Terms and Conditions (the “Terms” or the "Terms of Service") govern your access to or use of the TributaryBotanicals.com website (the “Website” or the "Site") and any other applications, websites, content, products, and services (collectively, the “Services”) made available by Tributary Botanicals, LLC, or its representatives, affiliates, officers, or directors (collectively, “Tributary,” “we,” “us,” or “our”). By using or accessing the Services, you agree to these Terms. If you do not agree to these Terms, please do not use the Services or use Tributary’s products or services, and, if applicable, cancel your registered user account with us.

PLEASE READ: THESE TERMS CONTAIN A MANDATORY ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS BY REQUIRING ANY DISPUTE BETWEEN YOU AND TRIBUTARY, SUBJECT TO LIMITED EXCEPTIONS, TO BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND REQUIRING YOU TO FORGO JURY TRIALS, CLASS OR COLLECTIVE ACTIONS OR PROCEEDINGS, AND ALL OTHER TYPES OF COURT PROCEEDINGS OF ANY KIND. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT FOLLOWING THE OPT-OUT PROCEDURES IN SECTION 1 BELOW, YOU WILL BE BOUND BY THIS ARBITRATION AGREEMENT. BY ENTERING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND EXPRESSLY AGREE TO THE MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.

These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 

SECTION 1 - BINDING ARBITRATION AND CLASS ACTION WAIVER 

Mandatory Binding Arbitration: 

By agreeing to these Terms, you agree that all disputes, claims, or causes of action arising from or related to the Services or these Terms, or the breach, termination, enforcement, interpretation, or validity thereof (collectively, “Disputes”), will be resolved through confidential, binding arbitration and not in a court of law in any jurisdiction, and not in a class, collective, representative, or consolidated action or proceeding, as further set forth below. 

You and Tributary agree that the Federal Arbitration Act (Title 9, U.S. Code) (the “Act”) shall govern any controversy or claim related to the Services or the Terms, including the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, notwithstanding any choice of law or other provision in these Terms. It is the parties’ intent that the Act and the rules promulgated by McCammon Group Ltd. of Richmond, Virginia (“McCammon”), shall preempt all state laws to the fullest extent permitted by law. You and Tributary further agree that the arbitrator(s) (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes concerning the interpretation, applicability, enforceability or formation of this Arbitration Agreement. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether this Agreement, in whole or in part, is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. 

Class Action Waiver: 

You acknowledge and agree that you and Tributary are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Tributary agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the entirety of the Arbitration Agreement set forth in this Section 1 shall be deemed null and void in its entirety, and the parties shall be deemed to have not agreed to arbitrate disputes on a class basis. 

Notwithstanding the parties’ agreement to resolve all Disputes through arbitration, you and Tributary each retain the right to bring an individual action to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyright rights, trade secrets, patents or other intellectual property rights.

Opt-Out Procedure: 

You can choose to reject this Arbitration Agreement by sending us a written opt-out notice (“Opt-Out Notice”) within 30 days following the date you first agree to these Terms, by email at support@tributarybotanicals.com or by mail at Tributary Botanicals, LLC, Attn: Customer Support, 4314 Fauquier Avenue, PO Box 170, The Plains, VA 20198. If mailed, the Opt-Out Notice must be post-marked no later than 30 days following the date you first agree to these Terms. To be effective, the Opt-Out Notice must contain your name, address, and signature. If you opt out of the Arbitration Agreement, all other parts of the Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may enter with Tributary.

Rules & Procedures: 

Arbitration proceedings will be administered in accordance with the Act and the arbitration rules promulgated by McCammon as of the date an arbitration is commenced and any supplementary rules then in effect (the “McCammon Rules”), except as modified by these Terms. Discovery in said arbitration shall be limited in scope to the specifics of liability on the Dispute, and any discovery related to damages calculations or any financials shall be withheld until after liability has been decided by the arbitrator(s). In the event of any inconsistency between the McCammon Rules and this paragraph, the terms of this paragraph shall control. 
Arbitration shall be conducted in person and through the submission of documents in The Plains, Virginia, or at another mutually agreed location acceptable to the Arbitrator(s). All Disputes shall be resolved by one arbitrator; however, for Disputes involving a demand for arbitration exceeding $250,000 upon your or Tributary’s request, the Dispute shall be decided by three Arbitrators. Payment of all filing, administration, and arbitrator fees will be governed by the McCammon Rules. 

All arbitration hearings shall commence within ninety (90) days of the demand for arbitration and close within ninety (90) days of commencement and the award of the Arbitrator(s) shall be issued within thirty (30) days of the close of the hearing. However, the Arbitrator(s), upon a showing of good cause or by the parties’ agreement, may extend the commencement of the hearing for up to an additional sixty (60) days. The Arbitrator(s) shall provide a concise written statement of reasons for the award. The arbitration award may be submitted to the Circuit Court of Fauquier County, Virginia, to be confirmed and enforced. The Arbitrator(s) will have the authority to decide whether any Dispute is barred by the statute of limitations and, if so, to dismiss the arbitration on that basis. For purposes of the application of the statute of limitations, the service on McCammon under the McCammon Rules of an arbitration demand is the equivalent of the filing of a lawsuit. The Arbitrator(s) shall have the power to award legal fees pursuant to the terms of this Agreement. This paragraph does not limit the right of Tributary to: (i) exercise self-help remedies, such as, but not limited to, setoff; (ii) initiate judicial or non-judicial foreclosure against any real or personal property collateral; (iii) exercise any judicial or power of sale rights; or (iv) act in a court of law to obtain an interim remedy, such as, but not limited to, injunctive relief, writ of possession or appointment of a receiver, or additional or supplementary remedies. Except as provided in this Arbitration Agreement, the prevailing party in any action or arbitration related to these Terms shall be entitled to its reasonable attorney fees and costs.

Changes to Arbitration Agreement: 

Notwithstanding the provisions of this Section 1, if Tributary changes any of the terms of this Section 1 after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us a written notice of such rejection within 30 days of the of the date such change became effective, as indicated in the “Last Updated” date above. This written notice must be provided either by email at support@tributarybotanicals.com or by mail at Tributary Botanicals, LLC, Attn: Customer Support, 4314 Fauquier Avenue, PO Box 170, The Plains, VA 20198. To be effective, the notice must include your full name, address, and signature, and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting any change, you will be deemed to agree that you will arbitrate any dispute between you and Tributary in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).

The terms of this paragraph survive any termination of the Terms. 

SECTION 2 - ONLINE STORE TERMS 

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Website. 

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws). 
You must not transmit any worms or viruses or any code of a destructive nature. 

A breach or violation of any of the Terms will result in an immediate termination of your Services. 

SECTION 3 - GENERAL CONDITIONS 

We reserve the right to refuse service to anyone for any reason at any time. 

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services, or any contact on the Website through which the service is provided, without express written permission from us. 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 

SECTION 4 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION 

We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk. 

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site. 

SECTION 5 - MODIFICATIONS TO THE SERVICES AND PRICES 

Prices for our products are subject to change without notice. 

We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. 

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services. 

SECTION 6 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. 

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. 

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited. 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected. 

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. 

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

SECTION 8 - OPTIONAL TOOLS 

We may provide you with access to third-party tools which we neither monitor nor over which we have any control nor input. 

You acknowledge and agree that we provide access to such tools” as is” and “as available,” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 

We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. 

SECTION 9 - THIRD-PARTY LINKS 

Certain content, products, and services available via our Services may include materials from third parties. 

Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party. 

SECTION 10 - PERSONAL INFORMATION 

Your submission of personal information through the store is governed by our Privacy Policy, which is included on our Website, and by our general Site Terms and Conditions.

SECTION 11 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS 

If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence, (2) to pay compensation for any comments, or (3) to respond to any comments. 

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party’s intellectual property or these Terms of Service. 

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. 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. 

SECTION 12 - USER CONTENT

“User Content” refers to any photographs, comments, video clips, or other Content that Users, including you, may upload to the Website. Content includes, without limitation, User Content.  We do not claim any ownership rights in any User Content, and nothing in these Terms will be deemed to restrict any rights a User may have to use and exploit their own User Content.

To the extent permissible by law, we will not be responsible or liable to any third party for the User Content or accuracy of any Content posted by you or any other User on the Site.  We have the right to remove any User Content or posting you make on the Site in our sole discretion at any time.

SECTION 13 - RIGHT TO USER CONTENT

By making any User Content available to Tributary or through Tributary's Website, you will remain the owner of your User Content, but hereby grant Tributary a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your User Content in connection with operating and providing services and products to you and/or other Users, and also in connection with advertising of our services and products. You also agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned to you, except as otherwise described in the Privacy Policy.

In the event you upload any User Content to the Site, we have the right to use any and all such elements of the Content in connection with and/or as part of our business, including, but not limited to, in connection with or in any advertising in any and all media, product packaging, printed publications, presentations, promotional materials, events, and associated marketing materials, television and cinema commercials, videos, or on the Site in perpetuity throughout the world as we, in our sole discretion, see fit without further consent by, or payment to, you. By uploading User Content to the Site, you agree to grant Tributary the right to use your copyright in such User Content. We also have all right, title, and interest in any and all results and proceeds from our use of the User Content to the extent permissible by law. We have the right to transfer our rights to use the User Content to any third party, including, but not limited to, any of our subsidiaries or affiliated companies.

We may alter, adopt, or edit the User Content and any further material created under these Terms, and market and exploit it entirely in our sole discretion. Upon request, you will furnish Tributary with any and all documentation, substantiation, or releases necessary to verify your compliance with these provisions. We are not obligated to make use of any of your User Content or exercise any of the rights granted by these Terms.

You are responsible for all of your User Content. You represent and warrant that you own all of your User Content or you have all rights necessary to grant Tributary the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Site, nor any use of your User Content by Tributary on or through the Site, will infringe, misappropriate, or violate a third party’s intellectual property rights, rights of publicity, or privacy, or result in the violation of any applicable law or regulation. You represent that the User Content is a true and accurate expression of your honest belief based on the use of Tributary's products.

You hereby release, discharge, and agree to hold Tributary and any person acting on Tributary's behalf harmless from any liability related in any way to any User Content.

You may request that we delete your User Content according to the terms of our Privacy Policy by emailing us at support@tributarybotanicals.com. Before we may fulfill a request to access or delete your information, we are required to verify your identity. We will ask you to verify your name, address, email address, telephone number, and/or other information we have collected about you. However, we may retain your Personal Data for an additional period as is permitted or required under applicable laws. Even if we delete your Personal Data, it may persist on backup or archival media for an additional period of time.

SECTION 14 - ERRORS, INACCURACIES, AND OMISSIONS 

Occasionally, there may be information on our Site or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 

We undertake no obligation to update, amend, or clarify information in the Services or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated. 

SECTION 15 - PROHIBITED USES 

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 Services 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 Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses. 

SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 

We do not guarantee, represent, or warrant that your use of our Services will be uninterrupted, timely, secure, or error-free. 

We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable. 

You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you. 

You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all products and services delivered to you through the Services are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 

In no case shall Tributary, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

SECTION 17 - INDEMNIFICATION 

You agree to indemnify, defend and hold harmless Tributary and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party. 

SECTION 18 - SEVERABILITY 

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 

SECTION 19 - TERMINATION 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site. 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 
 
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our Services (or any part thereof). 

SECTION 20 - ENTIRE AGREEMENT 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 

These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

SECTION 21 - GOVERNING LAW 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. 

SECTION 22 - CHANGES TO TERMS OF SERVICE 

You can review the most current version of the Terms of Service at any time at this page. 

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

SECTION 23 - CONTACT INFORMATION 

Questions about the Terms of Service should be sent to us at support@tributarybotanicals.com.