OVERVIEW
This website is operated by Sunrise Botanics. Throughout the site, the terms “we”, “us”
and “our” refer to Sunrise Botanics. Sunrise Botanics offers this website, including all
information, tools and Services available from this site to you, the user, conditioned
upon your acceptance of all terms, conditions, policies and notices stated here. By
visiting our site and/ or purchasing something from us, you engage in our “Service” and
agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”),
including those additional terms and conditions and policies referenced herein and/or
available by hyperlink. 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. Please read these Terms of Service carefully before accessing
or using our website. By accessing or using any part of the site, you agree to be bound
by these Terms of Service. 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 - 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 site. 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 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You may not
use our products for any illegal or unauthorized purpose nor may you, in the use of the
Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
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 Service,
use of the Service, or access to the Service or any contact on the website through
which the service is provided, without express written permission by us. The headings
used in this agreement are included for convenience only and will not limit or otherwise
affect these Terms.
SECTION 3 - 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 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 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any
time to modify or discontinue the Service (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 Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
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. To view our Return Policy, please visit
[LINK TO 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 anytime
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 Service will be corrected.
SECTION 6 - 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 e-mail 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.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor
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 the 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 8 - THIRD-PARTY LINKS
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 e-mail 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. We may provide you with
access to third-party tools over which we neither monitor nor 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 the 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. Certain content,
products and Services available via our Service 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 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 9 - 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 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 Service or any
related website. You may not use a false e-mail 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 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy
Policy. To view our Privacy Policy, please see [LINK TO PRIVACYPOLICY]
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service 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 Service 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
Service or on any related website, including without limitation, pricing information,
except as required by law. No specified update or refresh date applied in the Service or
on any related website, should be taken to indicate that all information in the Service or
on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES SECTION
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.
13 - DISCLAIMER OF WARRANTIES; LIMITATIONOF LIABILITY
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. We do not guarantee,
represent or warrant that your use of our service will be uninterrupted, timely, secure or
error-free. We do not warrant that the results that may be obtained from the use of the
service will be accurate or reliable. You agree that from time to time we may remove the
service for indefinite periods of time or cancel the service at any time, without notice to
you. You expressly agree that your use of, or inability to use, the service is at your sole
risk. The service and all products and Services delivered to you through the service 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
Sunrise Botanics, 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 service or any
products procured using the service, or for any other claim related in any way to your
use of the service 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
service or any content (or product) posted, transmitted, or otherwise made available via
the service, even if advised incurred as a result of the use of the service or any content
(or product) posted, transmitted, or otherwise made available via the service, 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 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Sunrise Botanics and our parent,
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 15 - 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 16 - TERMINATION The obligations and liabilities of the parties incurred prior
to the termination date shall survive the term
