Terms of Use

The use of The Botanical Mix website (the “Site”), is governed by this “Terms And Conditions Agreement” (the “Agreement”). Your use of this Site constitutes your acceptance of this Agreement and your consent to any action we take with respect to your information in compliance with this Agreement. If you do not agree with the Terms and Conditions, you are not granted permission to use the Site and should exit immediately.

The Site is designed to provide information concerning The Botanical Mix and its products and services. Some products or services may not be available in all areas. Other products and services may only be offered through employers or The Botanical Mix affiliates or licensees.

Unless otherwise indicated, all materials contained on this Site are the property of The Botanical Mix and subject to legal protection including, but not limited to, intellectual property. Modification or removal of the copyright notice associated with this Site is prohibited. Any commercial use of the Site is prohibited without prior written consent from The Botanical Mix. The Botanical Mix is the owner of all trademarks, service marks, brand names, business names, and logos displayed or associated with this Site. Unauthorized infringement or other use of this property may violate federal and state law.

By providing information, documents, ideas, suggestions, or other content (“Received Information”), you contemporaneously and immediately grant The Botanical Mix a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, display, publish, create derivative works and distribute such Received Information in whole or part. You grant to The Botanical Mix the royalty-free, irrevocable, worldwide right to use any ideas, concepts, know-how, techniques, and suggestions contained in any Received Information sent from you to this Site.

The Botanical Mix may place cookies, temporary or permanent, on your computer to allow us to enhance your experience, make improvements to the Site, or report Site activity. Cookies are not used to track your specific activity on third-party websites or send unsolicited e-mail or capture personally identifiable information about you. While you may use your browser controls to disable cookies, your ability to use the Site to its fullest may be hampered.

Confidentiality of any Received Information transmitted to The Botanical Mix via the Internet electronic mail cannot be guaranteed, including personal information such as your name, address, or phone number. If you wish to contact The Botanical Mix without the use of electronic messaging, please write to the following address:

The Botanical Mix
2000 Stemmons Freeway IHDC 1D110
Dallas, Texas 75207

For more information concerning the privacy policy of The Botanical Mix, please see the Privacy Policy that can be found at www.thebotanicalmix.com/privacy-policy/ and is incorporated by reference into this Agreement.

DISCLAIMER OF WARRANTY AND LIABILITY

USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. NEITHER THE BOTANICAL MIX NOR ITS AFFILIATES ARE RESPONSIBLE FOR THE CONSEQUENCES OF RELIANCE ON ANY INFORMATION CONTAINED IN OR SUBMITTED TO THE SITE, AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THESE MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE BOTANICAL MIX SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THESE MATERIALS. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF THE BOTANICAL MIX TO YOU EXCEED THE PRICE PAID FOR THE USE OF THE SITE.

The Botanical Mix is not responsible or liable for the contents of Received Information posted to the Site and disclaims any duty or obligation to update such information. The Botanical Mix cannot and does not assume any responsibility for any errors or omissions on the Site. The Botanical Mix may make changes to the Site or to the products or services described herein, at any time, at its sole discretion, without notice.

CORRECTIONS AND CHANGES

The Botanical Mix attempts to maintain the Site with up-to-date information as is reasonably possible. The information contained on this Site is believed to the best of The Botanical Mix's knowledge, to be presently accurate.

INDEMNIFICATION

By using this Site, you agree to indemnify and hold harmless The Botanical Mix its affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, partners, members, shareholders, agents, predecessors, successors, assigns, licensees, and attorneys from any and all claims, proceedings, damages, injuries, losses, and liabilities, including attorney’s fees and litigation or administration proceeding expenses, relating to or arising from your use of the Site and any breach by you of these Terms and Conditions.

LINKS

This Site may contain links to other Internet sites for accessing third-party information services that may be of interest to you. These third-party sites are maintained by persons or organizations over which The Botanical Mix exercises no control and The Botanical Mix expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party sites. The Botanical Mix does not control, endorse, promote, or have any affiliation with any other Internet site unless expressly stated in the Site.

GOVERNING LAW AND JURISDICTION

This Agreement is to be governed by the laws of the State of Texas, without reference to its choice of law rules. By using this Site, you consent to the jurisdiction of the federal and state courts presiding in Dallas, Texas and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses. The Botanical Mix intends that this site be used by citizens of the United States and makes no representation that the Site is appropriate or available for use in other locations.

INTEGRATION MERGER CLAUSE

This Agreement constitutes the entire Agreement between you and The Botanical Mix with respect to your use of the Site unless you have executed or entered into a separate agreement, in which case, the terms of such agreement control and take precedent over conflicting terms in the Agreement. In the event that this Agreement, or any part of this Agreement, is held to be invalid or unenforceable for any reason, the remaining parts will remain in full force and effect.

TERMINATION

The Botanical Mix reserves the right to terminate your access to the Site in the event that you violate this Agreement, and at the sole discretion of The Botanical Mix In the event that termination is the result of a breach of the Agreement by you, you agree to consent to a permanent injunction issued from a court of competent jurisdiction, without bond, restricting you from accessing this Site.