1: GENERAL

Please read these Terms and Conditions carefully before using the Phytomana.com website. These Terms and Conditions apply to all users of the site, including and without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.

Phytomana.com is not intended for individuals aged seventeen (17) years or younger. By engaging in activity on the Phytomana.com website, 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 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.

2: ACCEPTANCE OF THESE TERMS OF SERVICE

This website is operated by Phytomana, LLC. Throughout the site, the terms “we”, “us” and “our” refer to the entity Phytomana, LLC. Phytomana, LLC offers this website, including all information, tools and services available from this site to you, (also referred to as, the User), conditioned upon your (the User’s) acceptance of all terms, conditions, policies and notices stated herein.

By accessing or using any part of this site, the User agrees to be bound by these Terms of Service. If the User does not agree to all the terms and conditions of this agreement, then the User should not access the website or engage in any of the Services provided on the Phytomana.com website. 

If you, the User, live in the United States or Canada, by agreeing to these Terms you are agreeing to waive any and all jury trials and resolve any dispute with Phytomana, LLC through binding arbitration (see the Dispute Resolution section, below).

3: UPDATING TERMS OF SERVICE AND CONDITIONS

When Phytomana, LLC deems it appropriate, it may update these Terms and Conditions to clarify its practices or to reflect new or different practices.  Any new features or tools which are added to the current site shall also be subject to the Terms and Conditions. The user can review the most current version of the Terms of Service at any time on this page. Phytomana, LLC reserves the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is the sole responsibility of the User to check this page periodically for changes. Continued use of or access to the Phytomana, LLC website following the posting of any changes constitutes acceptance of those changes.

You, the User also agrees that these Terms represent the entire understanding between you and Phytomana, LLC and they supersede all previous agreements, whether oral or written between you and Phytomana, LLC.  No change or modification of these Terms and Conditions shall be valid unless in writing and published by Phytomana, LLC on its website.  If any portion of these Terms and Conditions is found to be invalid or unenforceable, it shall be severable from all other portions of these Terms and Conditions.

The Phytomana, LLC store is hosted on Shopify, Inc. Shopify, Inc. provides the online e-commerce platform that allows us to sell our products and services to the User. 

4: PROHIBITED USES

In addition to other prohibitions set forth in the Terms and Conditions, The User is prohibited from engaging or utilizing our site or its content, in part or in whole: (a) for any illegal or unlawful purpose; (b) to solicit others to perform or participate in any illegal or unlawful acts; (c) to violate any international, federal, provincial or state laws, rules, regulations, 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, our website, 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 our Service, our website, any related website, other websites, or the Internet. 

A breach or violation of any of the Terms will result in an immediate termination of the User’s right to access the Services on Phytomana.com with or without notification.

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

5: PRODUCTS SOLD ON PHYTOMANA.COM

Phytomana, LLC sells certain products that are derived from hemp to individuals aged eighteen (18) and older. If you are under the age of eighteen (18), you must not use the Services and/or Products provided by Phytomana, LLC. 

Phytomana, LLC does not and shall not guarantee or otherwise represent to you, the User, that its products are legal in your state or territory.  It is up to you, the User, independently of any effort undertaken by Phytomana, LLC, to determine the legality of our products within your state or territory.

Phytomana, LLC does not warrant or guarantee the accuracy, completeness or currency of the information made available on this site. The material on this site is provided for general information only and should not be relied upon or considered 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 the User’s own risk. Phytomana, LLC reserves the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. The User agrees that it is the sole responsibility of the User to monitor changes to our site.

The User should consult with a physician before purchasing any product sold by Phytomana, LLC.  Any statements made by Phytomana, LLC have not been evaluated by the FDA, and any products sold by Phytomana, LLC are not intended to diagnose, treat, cure, or prevent any disease.

6: ONLINE RIGHTS

Phytomana, LLC’s online presence, its Services and products, including its website, its existing or future applications, its mobile applications, and its databases are and will remain the exclusive property of Phytomana, LLC.  You cannot use the Phytomana, LLC name or any of the Phytomana trademarks, logos, domain names, marketing materials, educational materials, or other distinctive brand features without express written permission from Phytomana, LLC. 

7: MODIFICATIONS TO PRODUCT PRICES and/or SERVICE

Prices for our products are subject to change without notice.

Phytomana, LLC reserves the right at any time to modify or discontinue our service, or any product, 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 our service or products. Any offer for any product or service made on this site is void where prohibited.

8: PAYMENT FOR SERVICES

You, the User, agree to pay the fees for products that you elect to purchase. You hereby authorize Phyotmana, LLC to charge your debit or credit card or process other forms of payment for those fees.

All Sales are final. Phytomana, LLC does not offer refunds of any kind.

9: FEEDBACK, COMMENTS, SUGGESTIONS

Any feedback, comments, proposals or suggestions you may provide electronically, or via postal submission, regarding Phytomana, LLC, our products, our Services, or our website is entirely voluntary. Phytomana, LLC is free to use such feedback, comments, proposals or suggestions as it sees fit and without any obligation to the User. Phytomana, LLC may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you, the User, submit to us. We are and shall be under no obligation (a) to maintain any comments in confidence; (b) to pay compensation for any comments; or (c) to respond to any comments. Phytomana, LLC may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or violates any party’s intellectual property or other rights or these Terms of Service. You, the User, agrees 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. The User may not 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. Phytomana, LLC takes no responsibility and assumes no liability for any comments posted by the User or any third party.

10: ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Phytomana.com website, in the Service or on our products labels, that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Phytomana, LLC reserves 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 the User has submitted an 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.

11: DISCLAIMER OF WARRANTIES; LIMITED LIABILITIES

Phytomana, LLC does not guarantee, represent or warrant that the User’s engagement 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.

The User agrees that from time to time Phytomana, LLC may remove the service or product(s) for indefinite periods of time or cancel the service at any time, without notice to the User.

All products and services delivered to you, the User through Phytomana, LLC 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. Phytomana, LLC makes no warranty that you will obtain specific results from use of the Services. Your use of the Services is entirely at your own risk.

In no case, shall Phytomana, LLC, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, licensors or interns be liable for any direct, indirect, incidental, punitive, special or consequential damages (including without limitation loss of data, loss of revenue, loss of savings, loss of profits, or business opportunities, personal injury or death), whether arising in contract, warranty, tort (including negligence), product liability, or otherwise, as a result of Phytomana, LLC’s  Services, or your purchase or use of Phytomana, LLC’s products 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 service or any content (or product) posted, transmitted, or otherwise make 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 total amount paid by you to Phytomana, LLC over the previous 12-month period before the event giving rise to your claim(s) or limited to the maximum extent permitted by law.

*See Dispute Resolution and Arbitration (Section 13)

12: INDEMNIFICATION

You, the User, agrees to indemnify, defend and hold harmless Phytomana, LLC, its members, managers, 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 and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. Your indemnification obligation will survive the termination of these Terms and Conditions and your use of the Services.  You also agree that no joint venture, partnership, employment, contractor, or agency relationship exists between you and Phytomana, LLC.

13: DISPUTE RESOLUTION AND ARBITRATION

YOU AND PHYTOMANA, LLC AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY ARBITRATION BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES AND IN ACCORDANCE WITH THE EXPEDITED PROCEDURES IN THOSE RULES. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not prevent parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. However, we agree that if your claim is small enough that the law allows you to file it in a small claims court, you may do so instead of submitting to binding arbitration. We will submit to binding arbitration in any event.

In addition, no arbitration proceeding hereunder shall be filed or pursued as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or persons similarly situated.  Moreover, no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. THE PARTIES AGREE TO ARBITRATE ON AN INDIVIDUAL BASIS AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

If a court refuses to enforce the waiver of class-wide arbitration, this entire arbitration provision shall be unenforceable and any claims brought on behalf of a putative class will proceed in court. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. The parties shall maintain the confidential nature of the arbitration proceeding and any award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms and Conditions and will be final and binding. In any arbitration arising out of or related to this agreement, there shall be no interrogatories or requests to admit. IN ANY ARBITRATION ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE ARBITRATOR(S) ARE NOT EMPOWERED TO AWARD PUNITIVE OR EXEMPLARY DAMAGES, EXCEPT WHERE PERMITTED BY STATUTE, AND THE PARTIES WAIVE ANY RIGHT TO RECOVER ANY SUCH DAMAGES. THE ARBITRATOR(S) MAY NOT AWARD ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS. The parties acknowledge that this agreement evidences a transaction involving interstate commerce, and that any arbitration conducted pursuant to the terms of this agreement shall be governed by the Federal Arbitration Act.

14: SEVERABILITY

The failure of Phytomana, LLC to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. 

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 and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

15: ENTIRE AGREEMENT

These Terms and Conditions and any policies or operating rules posted by Phytomana, LLC on this website constitutes the entire agreement and understanding between the User and us and governs the User’s involvement with any and all Services provided, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between the User and us (including, but not limited to, any prior versions of the Terms of Service).

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

These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States of America.

16: CONTACT INFORMATION

Questions about the Terms and Conditions should be sent to us at info@phytomana.com.