By accessing www.farbotanicals.com (the “Site”) you acknowledge that you understand, and agree, without qualification or limitation, to be bound by the following Terms and Conditions as well as the Site Policies. To view the Site Policies click here. If you do not agree with these terms, please do not use the Site. FAR Botanicals Limited / FAR Botanicals (referred to herein as “FAR Botanicals”, “we, “us”) and its constituents retain the right to alter these Terms and Conditions at any time. Only individuals 18 years and older are permitted to access the Site, post information to the Site or to open an account with the Site. FAR Botanicals reserves the right to temporarily or permanently, make modifications, in part or in whole, to these Terms and Conditions, to the Site or to discontinue the Site, or any services or features offered through the Site without notice. You agree that FAR Botanicals shall not be held liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any products or service offered through the Site.
Copyright & Trademarks
All content on the Site including its “look and feel” but not limited to, text, design, graphics, logos, audio, video and images or the compilation there of (collectively known as “Content”), is protected by United States and International copyright and trademark law and is the property of FAR Botanicals. The purchase of FAR Botanicals products from the Site is for personal use only and does not constitute the transfer of any rights to resell or any copyright, explicit or implied, to the purchaser unless such rights are granted via a written contract agreement. Neither the Content nor any portion of the Site may be used, reproduced, duplicated, distributed, copied, sold, resold, modified, used to create derivative works, or otherwise exploited, in whole or in part, for any purpose without the express, written permission of FAR Botanicals. All graphics, logos, icons, colors and buttons on www.farbotanicals.com are trademarks, service marks and/or trade dress of FAR Botanicals and may not be used with any other service, product or content in a manner which discredits FAR Botanicals or in any way which is likely to cause confusion among customers. All other trademarks not owned by FAR Botanicals that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FAR Botanicals.
Limited License and Permission
Subject to these Terms and Conditions, you are granted limited, revocable, non-exclusive, and non-transferable license to access, display and use this Site and its Content. Further, this limited license authorizes you to view and download the Content of the Site for the sole purpose of placing an order with FAR Botanicals or for using the Site as a shopping resource. Limited permission is also granted to you, solely for educational purposes, to share links to blog articles published on the Site but not for purposes which involve the creation of similar, derivative or duplicate content, services or products sold or provided by FAR Botanicals. This limited license DOES NOT grant the right to: (I) republish, redistribute, transmit, sell, license or download the Site or any of its Content (other than caching as necessary to view the Site); (II) utilize framing techniques to enclose the Site or any portion thereof; (III) reverse engineer, modify or create any derivative works based upon either the Site or any of its Content; (IV) use software robots, spiders, crawlers, or similar data gathering and extraction tools that may impose an unreasonable burden or load on our site software and infrastructure.
Every effort is made to display correct pricing for items listed on the Site. By default, all prices are displayed in United States Dollars and we only guarantee price accuracy in this currency. Depending on the item being sold, a change in the cost of raw materials or other factors within or outside of our control, may necessitate a change in a product’s price. FAR Botanicals reserves the right to alter prices of items listed on the Site at any time.
Membership, Use Names and Passwords
Any online membership available on the Site is intended only for the person who applies for it. As a member, you may receive certain specialized or confidential content, as well as special offers from FAR Botanicals. If you become a member, you represent that: (I) you are authorized to join Internet programs in which e-mail communications are used; and (II) you are 18 years of age or older. In addition, with respect to such membership, FAR Botanicals may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You further agree to keep all content shared with you, including your user name and password, confidential, that you are responsible for all activities that occur under your account or password, and agree not to sell, transfer or assign your subscription or any associated rights. FAR Botanicals reserves the right to terminate your membership if any individual other than you attempts to access the Site using your user name or password or if you (or anyone using your user name and password) otherwise breaches these Terms and Conditions. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others may not access the Site in violation of these Terms and Conditions. It is your sole responsibility to ensure that the e-mail address you initially provide is deliverable and, should your e-mail address change, it is your sole responsibility to return to the Site and update your e-mail address. Should your e-mail address become undeliverable, your membership may be suspended until such time as you provide a currently deliverable e-mail address. In such cases, no retroactive benefits will be provided for the period your membership was in a suspended state. If you wish at anytime to cancel your membership, please do so by sending a request through FAR Botanicals Contact page. FAR Botanicals may send you an email confirming your removal from Membership. No other methods of removal are approved or authorized.
Refusal of Service
FAR Botanicals reserves the right, at our sole discretion, to refuse service to anyone, at any time without notice, cause or reason. This includes all cases where we expect fraudulent activity or if an order does not comply with our Site Policies or these Terms and Conditions.
Submissions, Comments and Feedback
Monitoring; Removal Of Submissions
You acknowledge and agree that we reserve the right (but have no obligation) to do one or all of the following, at our sole discretion: (I) evaluate each Submission before allowing it to be posted on the Site or any Forum; (II) monitor Submissions; (III) alter, remove, reject, or refuse to post or allow to be posted, without notice to you, any Submission, for any reason or for no reason whatsoever; provided, however, that we shall have no obligation or liability to you for failure to do so or for doing so in any particular manner; and/or (IV) disclose any Submissions, and the circumstances surrounding their transmission, to any third party in order to operate the Site; to protect FAR Botanicals, the Affiliated Entities, and their respective employees, officers, directors, shareholders, agents, and representatives, and the Site’s users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms and Conditions; or for any other reason or purpose.
We have done our best to display as accurately as possible the colors of the products shown on the Site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
Third Party Links and Content
The Site may contain links to third party websites, following these links will take you outside of www.farbotanical.com. The presence of third party links does not imply any type of endorsement by FAR Botanicals. Except as otherwise indicated, the third party websites to which links are provided on the Site are not under the control of FAR Botanicals and as such FAR Botanicals does not assume any responsibility for the contents, accuracy, completeness, currency, privacy policies, or the information or data collection, use, or disclosure practices of any linked third party website, or for any potential damage arising out of or in connection with the use of any such link.
Solicitations and Misuse of Contact Details
The contact information posted on the Site is provided solely as a service to current customers, persons seeking to make a purchase from FAR Botanicals, entities with whom FAR Botanicals has a current business relationship or with business entities who would like to resell our products and to legitimate members of the press. Unsolicited email, phone calls and other forms of contact from parties seeking to sell goods or services to FAR Botanicals are strictly prohibited and will be treated as “spam”. FAR Botanicals reserves the right to exercise all remedies afforded us under the law to contend with persons who submit spam to us.
Contests, Special Offers and Other Promotions
From time to time the Site will provide articles, advice and information about hair and skin care or product use for the benefit of our customers. This information is intended for general education or entertainment purposes only and is not intended to act as a substitute for diagnosis of a medical condition or to take the place of medical advice. Further, this information is not intended as a replacement for consultation with a medical or aesthetic professional. The Site, including all services, content, submissions and third party content made available on or accessed through www.farbotanicals.com, is provided on an “AS IS” and “AS AVAILABLE” BASIS. FAR Botanicals makes no representations or warranties of any kind whatsoever for the content, submissions or third party content on the website. Further, FAR Botanicals disclaims all express or implied warranties, including, without limitation, non-infringement, title, merchantability, fitness for a particular purpose and any warranties arising out of course of dealing, usage or trade. FAR Botanicals does not warrant that the functions contained in the Site or any content, submissions or third party content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available is free of viruses or other harmful components. The foregoing applies to any information in any websites hyperlinked to the website. In no event will FAR Botanicals or an affiliated entity be liable to you or any third party under any theory of tort, contract, strict liability or equitable theory for any lost profits, lost data, lost opportunities, costs of cover, exemplary, special, incidental, indirect or other consequential damages, each of which is hereby excluded by agreement of the parties, regardless of whether or not any party has been advised of the possibility of such damages. In particular, and without limitation, neither FAR Botanicals nor any of its service providers will be liable for damages of any kind resulting from your use of or inability to use the Site or from any content, submissions or third party content posted on the Site by FAR Botanicals or any third party. Your sole and exclusive remedy for dissatisfaction with the Site is to stop using the Site. The maximum liability of FAR Botanicals and any affiliated entities for all damages, losses and causes of action, whether in contract, tort, or otherwise shall be the total amount, if any, paid by you to FAR Botanicals and/or any affiliated entity to access and use the Site.
Product Information, Disclaimer
FAR Botanicals products displayed on the Site are available for purchase either directly from FAR Botanicals or through select retailers with whom FAR Botanicals has a contract agreement. Reselling of our products by businesses or individuals with whom we do not have a contractual agreement is strictly prohibited. Products sold by FAR Botanicals are not intended to treat, cure or prevent any disease or medical condition. This site does not replace the need for services provided by medical professionals. We recommend speaking with your health care providers before changing your personal care regime. Only you and your health care professionals can decide what is safe and effective for you. Product information provided on this site is intended for personal information purposes only. The statements made on the Site have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. Any statements on the Site do not constitute any professional or medical advice or its substitute. Products on the Site are only intended for adult use. If a minor uses a FAR Botanicals product, such use is not endorsed by FAR Botanicals and should only be undertaken once the legal guardian or a parent discusses the product with the minor’s medical professional. You should always conduct a patch test prior to full use of a FAR Botanicals product and you should only use our products as directed. You should only use the products consistently with your medical professional’s advice and any questions you may have concerning the impact that the use of specific ingredients found in any of our products may have on you should be addressed to your doctor. FAR Botanical is not a medical professional. If you are need of medical attention, then please contact your doctor, or, in cases of emergency, call 911 or go to your nearest emergency room.
The Site is controlled, operated and administered by FAR Botanicals from its offices within the United States of America and is not intended to subject FAR Botanicals to the laws or jurisdiction of any state, country or territory other than that of the United States. FAR Botanicals does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports. FAR Botanicals may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
You agree to defend, indemnify, and hold us harmless for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions.
The failure of FAR Botanicals to partially or fully exercise any rights or the waiver of FAR Botanicals of any breach of these Terms and Conditions by you, shall not prevent a subsequent exercise of such right by FAR Botanicals or be deemed a waiver by FAR Botanicals of any subsequent breach by you of the same or any other term of these Terms and Conditions. The rights and remedies of FAR Botanicals under these Terms and Conditions shall be cumulative, and the exercise of any such right or remedy shall not limit FAR Botanicals’ right to exercise any other right or remedy.
These Terms and Conditions do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and FAR Botanicals. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms and Conditions without our express prior written consent. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. By using the Site, you agree to be bound by these Term and Conditions, and to the extent that any or all terms of these Terms and Conditions are inconsistent with any agreement, written or oral, you may have previously or contemporaneously entered into and/or signed with FAR Botanicals with respect to the subject matter herein, you acknowledge and agree that the terms of these Terms and Conditions shall supersede such other agreement and prevail. Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in FAR Botanicals discretion (in the latter two situations, via the most recent address that we have on file). The Site may also provide notices of changes to these Terms and Conditions or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
In no event shall FAR Botanicals be held liable for any direct, indirect, special, incidental, or consequential damages resulting from the use or inability to use, the materials of the Site or the products on the Site, even if FAR Botanicals has been advised of the possibility of such damages. FAR Botanicals shall not be held liable under any circumstances for: injuries resulting from allergic or other negative reactions to our products; any content inaccuracies or omissions; and computer system or technology damage resulting from use of this site or any links on this site. The laws of the State of Ohio shall govern these Terms and Conditions, without regard to its principles of conflicts of law. By using this site, you consent to exclusive jurisdiction and venue in the courts located in the state of Oho, County of Cuyahoga and you waive any objection to such courts, including without limitation on the basis of jurisdiction, venue or inconvenience of forum.