DAISY MIND & BODY, LLC
WEBSITE TERMS OF USE AGREEMENT
Effective NOVEMBER, 2019
Please read these Terms of Use Carefully Before Using this Website.
This website is operated by Daisy Mind & Body, LLC (“Daisy Mind & Body”). Throughout this site, the terms “we,” “us” and “our” refer to Daisy Mind & Body. This Terms of Use Agreement (“Terms”) describes the terms and conditions applicable to your use of the Daisy Mind & Body website (the “Website”). By accessing or using this Website and/or purchasing our products, you confirm that you have read, understood, and agreed to be bound by these Terms. If you do not agree to all of these Terms, then please do not use the Website.
Daisy Mind & Body may modify this Website and the Terms governing its use at any time without providing prior notice. When these Terms are modified, the date of the latest revision will appear at the top of this page. By continuing to use the Website after the modified Terms are published, you signify your agreement to the modified Terms.
Our store is hosted by WooCommerce Service. They provide us with the online e-commerce platform that allows us to sell our products to you.
PRIVACY POLICY
On this Website, Daisy Mind & Body may collect personal data about you. We respect the privacy of our Website users. Please refer to Daisy Mind & Body’s Privacy Policy for more information about how we use your personal information.
HEALTH INFORMATION
The statements made on this Website, and the efficacy and safety of Daisy Mind & Body products, have not been evaluated by the Food and Drug Administration. By using our Website, you confirm that you understand that our products are not intended to diagnose, prevent, treat, or cure any disease. The information presented on this Website is not meant as a substitute for, or alternative to, information or treatment advice from healthcare practitioners. We recommend consulting a qualified healthcare professional about potential interactions or other possible complications before using any product. It is especially important for those who are pregnant, nursing, chronically ill, or elderly to discuss the use of these products with a physician prior to consuming.
All products should be used only as directed on the label. Daisy Mind & Body assumes no responsibility for the improper use of these products and shall not be held liable for any medical claims or endorsements made in customer testimonials.
ONLINE STORE TERMS
By agreeing to these Terms, 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 permit any of your minor dependents to use this site. You also agree to be of legal age required by the state or province of residence when purchasing products from our site. It is your responsibility to determine if you can legally buy Daisy Mind & Body products.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of our Website, violate any laws in your jurisdiction (including, but not limited to, copyright laws).
You are prohibited from transmitting any worms, viruses or code of a destructive nature.
A breach or violation of any of the Terms will result in a termination of your ability to use our Website or purchase products from us.
OUR PRODUCTS
We may make certain products available exclusively through our Website. These products may be available in limited quantities only and are subject to return or exchange only as stated in our Return Policy.
Prices for our products may change without notice.
THIRD PARTY WEBSITES AND LINKS
This Website may contain links or references to other websites operated by third parties that are not under our control. These links or references are provided for convenience only, and Daisy Mind & Body is not responsible for the content available on any other Internet sites linked to this Website. In addition, these links or references do not imply our endorsement of any material on any other website, and we disclaim all liability with regard to your access to such linked websites. Access to any other Internet sites linked to this Website is at your own risk.
LIMITATION OF LIABILITY
Daisy Mind & Body and its affiliates, officers, directors, employees, agents, suppliers and third party partners (collectively, the “Daisy Mind & Body Parties”) make no claims that the materials on this Website are appropriate for, or may be downloaded by, audiences outside of the United States. If you access this Website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
YOUR USE OF THIS WEBSITE OR ANY CONTENT ON THIS WEBSITE IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES WILL DAISY MIND & BODY PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS OR LOST DATA, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE WEBSITE AND ITS CONTENT, EVEN IF DAISY MIND & BODY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO AND FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WORMS, TROJAN HORSES AND OTHER THREATS THAT MAY INFECT YOUR COMPUTER EQUIPMENT WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS WEBSITE OR RELATED INFORMATION OR PROGRAMS.
DISCLAIMER OF WARRANTIES
THIS WEBSITE, INCLUDING ALL CONTENT THEREIN, IS PROVIDED ON AN “AS IS” BASIS. DAISY MIND & BODY PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. DAISY MIND & BODY PARTIES MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THIS WEBSITE AND THE CONTENT AVAILABLE ON IT IS AT YOUR SOLE RISK.
DAISY MIND & BODY PARTIES DO NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS, INCLUDING MALWARE, WORMS, VIRUSES, AND OTHER EXECUTABLE CODE. IF YOUR USE OF THIS WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, DAISY MIND & BODY PARTIES ARE NOT RESPONSIBLE FOR THOSE COSTS.
DAISY MIND & BODY PARTIES SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTION, DELAY IN OPERATION OR TRANSMISSION, THEFT OR DESTRUCTION OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY CONTENT MADE AVAILABLE VIA THE WEBSITE.
THE ABOVE EXCLUSIONS OF CERTAIN APPLIED WARRANTIES MAY NOT APPLY IN ALL JURISDICTIONS. IN SUCH JURISDICTIONS, THE LIABILITY OF DAISY MIND & BODY PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS DAISY MIND & BODY PARTIES FROM AND AGAINST ALL LOSSES, LIABILITIES, EXPENSES, DAMAGES AND COSTS, CLAIMS, ACTIONS, AND DEMANDS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM YOUR VIOLATION OF THESE TERMS OR YOUR ACCESS TO, OR USE OR MISUSE OF, THE CONTENT OR WEBSITE.
INTELLECTUAL PROPERTY RIGHTS
The content of this Website is the property of Daisy Mind & Body and its licensors and is protected by U.S. and foreign copyright, trademark, and other intellectual property laws. This Website may also contain or reference patents, proprietary information, technologies, products, processes, or other proprietary rights of Daisy Mind & Body and/or other parties. Any company names, trademarks, service marks, trade names, logos, and products displayed on this Website are the property of Daisy Mind & Body, its affiliates, licensees, licensors, or collaboration partners, and no use of any of the foregoing may be made without Daisy Mind & Body’s prior written consent. Except as expressly provided in these Terms, nothing contained in this Website grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Daisy Mind & Body or any third party. All rights are reserved by the owners of each trademark, service mark, logo, or other intellectual property, except as otherwise described herein. Unauthorized use of any Daisy Mind & Body trademark, service mark, logo, design, page header, button icon, or script may be a violation of federal and state trademark laws.
GOVERNING LAW
This Website is based in Greenville, SC, USA. The law of South Carolina shall govern these Terms, without reference to its choice of law rules. Any legal action or proceeding based on, arising out of or related to these terms and conditions or your use of this Website (including any information it contains) shall be brought exclusively in a federal or state court of competent jurisdiction sitting in South Carolina, and all parties waive any objection to the personal jurisdiction of and venue in such courts.
SEVERABILITY
If any provision of these Terms is held invalid or unenforceable by any court of competent jurisdiction, such provision shall be severable without affecting the enforceability of all remaining provisions, which shall remain in full force and effect.
QUESTIONS
If you have any questions about these Terms, please contact us at the email address listed in the Contact Us section of the Website.