Terms and Conditions

Disclaimer, Copyright Notice and Privacy Policy

The following are some important things you should know if you wish to access, and browse through information, or make purchasing decisions through or using information available on the website www.gaiagarden.com or www.gaiagarden.ca (the “Site”).

DISCLAIMER & LIMITATION OF LIABILITY

Gaia Garden Herbal Dispensary Inc. and its affiliates (“Gaia Garden” or “we” or “our” in this notice and disclaimer) are providing the Site on a “NO FEE”, “AS IS, AS AVAILABLE” basis to users. The Site may contain advertisements for merchandise and services offered by other companies or individuals, and links to their web sites. We do not represent, warrant or endorse the accuracy, reliability, completeness or timeliness of any of the information, content, views, opinions, recommendations or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the Site, nor the quality of any products, information or other materials displayed, purchased or obtained by you as a result of an advertisement or any other information or offer made on the Site, or through any advertisement links on the Site.

The information on the Site is not, nor should you construe it as a recommendation to you or anyone else to purchase or sell any of the products or services on the Site. In addition, the information on the Site is not meant to substitute for the advice provided by your physician or other medical professional. You should not use the information or products available on or through the Site for diagnosing or treating a health problem or disease, or prescribing any medication. Neither we, nor our officers, directors, employees, agents, third party content providers, sponsors, licensors or the like assume any obligation to update such information or advise on further developments relating to such information. You hereby acknowledge that any reliance upon such information, reports, commentary, or any other content, views, opinions, recommendations or advertisements is at your sole risk.

Information contained on this Site is for educational purposes only. It is not intended to replace the advice of a qualified health professional. Consulting a qualified health professional is especially important for pregnant or nursing mothers and those with high blood pressure before using any of our products.

Gaia Garden assumes no liability or responsibility for the use of its products. Please carefully read all information provided on or in the product packaging and labels before using any products purchased on or through this Site. Gaia Garden advises all users to consult their own physician with respect to the safety and efficacy of alternative and complementary treatments.

WE MAKE AND YOU RECEIVE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SITE, ITS CONTENT, ITS SERVICES OR PRODUCTS, OUR SERVICES OR PRODUCTS, INFORMATION, ITEMS OR MATERIALS PROVIDED BY US IN CONNECTION WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, NEITHER WE, NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, SPONSORS, LICENSORS, OR THE LIKE, MAKES ANY REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, TO YOU (A) THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, (B) AS TO THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SITE, OR (C) AS TO THE ACCURACY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE ADVERTISED ON THE SITE.

Under no circumstances will we, or any other party involved in creating, producing or distributing the Site or the information, products or services advertised or otherwise made available on or through the Site be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Site or the products or services advertised on or otherwise made available through the Site, including but not limited to reliance by you on such information, obtained from or through the Site or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, including without limitation those that result from acts of God, communications failure, theft, destruction or unauthorized access to our records, programs or services.

We attempt to display all products shown on the Site in an accurate manner, however, because of the technical differences in the equipment of our customers, we cannot be responsible for photographic differences in size, shape and color of the products.

The receipt of an email order confirmation is simply recognition that we have received your requested order, and does not constitute an offer to sell. We reserve the right to limit the quantity of any item sold, or prohibit a sale altogether, including but not limited to prohibiting sales to resellers.

This section applies to all information, advertisements, products and services available on or through the Site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law.

COPYRIGHT AND PERMITTED USE

Except where otherwise noted, all of the Site’s design, text, graphics and arrangement thereof, and software used herein, is our copyrighted material or that of our content providers. ALL RIGHTS RESERVED. You are permitted to electronically copy, and print in hard copy, portions of the Site for your personal use only. Any other use other than as noted above, modification, distribution or republication without our prior written permission is strictly prohibited.

Unless otherwise indicated in this Site, the information and materials available through this Site are the property of Gaia Garden and/or its affiliates and are protected under copyright, trademark and other intellectual property laws. No intellectual property or other rights in and to the information and materials on this Site are transferred to licensee and visitors to this Site.

You may not frame any of the content of this Site or incorporate it into another Web site.

The Site, all page headers, custom graphics and button icons are our service marks, trademarks and/or trade dress. All other trademarks, product names and company names or logos displayed, cited or otherwise published herein are the property of their respective owners.

Requests for permission to reproduce or distribute materials found on this Site should be sent to webmaster

TRADEMARKS

Gaia Garden, Gaia Garden Herbals, Gaia Garden Herbal Dispensary are Trademarks of Gaia Garden Herbals Inc.

The Trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of Gaia Garden and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Gaia Garden or such third party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided herein, is strictly prohibited.

USERS’ CONTENT

Any content, offers, information, or opinions that you provide in any manner to us in connection with, on or through the Site becomes our property, including all copyright, without reservations, and you waive any and all moral rights in the foregoing in our favour. Subject to our privacy policy set out below in connection with personal information you provide, you are hereby notified that all or any portion of content you submit may be used by us, including without limitation edited, reproduced, published, translated, sublicensed, copied, distributed, incorporated into other work in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such content, without compensation of any kind to you.

Your submission of any content constitutes your warranty that such content is not subject to any third party copyright or any other proprietary right and that you have full capacity and authority to make such submission.

LINKS TO THIRD PARTY CONTENT

The Site contains links to third-party web sites which are not under our control, and we are not responsible for the contents contained in any linked site. Any links provided in the Site are provided for your interest or convenience and do not represent or imply any endorsement by us of such linked site.

ADVERTISING CONTENT

All ads in the Site are published in good faith without verification. We reserve the right to refuse, classify, revise or censor any ads for any reason in our sole discretion.

The ads posted on the Site may include inaccuracies or errors. We do not under any circumstances accept responsibility for the accuracy or otherwise of any ads or messages in the Site, nor is any kind of warranty provided, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement of a third party’s rights of any kind. We do not control the terms and conditions of any contracts offered to you by advertisers on the Site. We are not responsible for any loss or damage which might be incurred by you as a result of your use of the Site or any advertisers or other third parties linked to the Site. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between us and you or us and any advertisers on the Site.

We specifically disclaim any and all liability to you and advertisers on the Site of any kind, for loss or damage of any nature, whatsoever and howsoever arising, whether due to inaccuracy, error, omission or any other cause, whether on the part of us, or our employees or agents, or any other person, due to your or their use of the ads, the information contained therein, or any other information available on the Site.

You are advised to review the ads and message details carefully before entering into any agreement of any kind with, or before disclosing any personal information to the advertisers on the Site. If you are in doubt, you should obtain legal advice before proceeding.

CURRENCIES

Gaia Garden quotes prices in US and Canadian currencies using a foreign exchange database licensed from OANDA a subsidiary of Olsen & Associates (O&A), a firm based in Zurich, Switzerland. OANDA has one of the world’s largest historical, high frequency, filtered currency databases.

PRIVACY POLICY

We wish to ensure your privacy and that of your personal electronic communication. We will not share your e-mail address or other specific personal information without your consent. We use “cookies” to generate profile information that may be used to create personalized content, services and advertising on or related to the Site or any other sites owned or operated (either wholly or in part) by us. We may also use your profile information to create aggregate reports. Such profile information is anonymous and does not contain any personally identifiable information. We may also use personal information supplied by you when you complete questionnaires or other information requests on the Site to create mailing lists and other databases. We will use such mailing lists and other databases only for our own purposes, and we will not sell or share them with other parties. However, we reserve the right to cooperate fully with local, provincial or state and federal officials in any investigation relating to any content provided by you (including personal or private electronic communication transmitted on the Site) or purported unlawful activities that may involve your participation.

GOVERNING LAW

We control the Site from within the Province of British Columbia, Canada. It can, however, be accessed by all Canadian provinces and territories as well as all states in the United States of America, and other places around the world. Although these places may have different laws from those of the Province of British Columbia, by accessing the Site, you agree that the laws of the Province of British Columbia and the laws of Canada in force in the Province of British Columbia, without regard to rules relating to conflict of laws, will apply to all matters relating to your use of the Site. You also agree to submit to the exclusive jurisdiction and venue of the Supreme Court of the Province of British Columbia, with respect to such matters. Users of the Site accessing it from places outside of the Province of British Columbia acknowledge that they do so voluntarily and are responsible for complying with local laws.

This Site’s design is only visible in a graphical browser that supports web standards , but its content is accessible to any browser or Internet device.