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Terms & Conditions

Agreement between user and Tree of Life Botanicals.

This website (the “Site”) is comprised of various web pages operated by Tree of Life Botanicals this website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of this website constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Privacy

Your use of this website is subject to Tree of Life Botanicals Privacy Policy. Please  click here to view our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Returns and Refund Policy

Tree of Life Botanicals does offer returns and refunds. Our guarantee is our promise that you’ll be fully satisfied with the quality of every product. If for any reason you aren’t happy, we’ll replace if or return your money. Whichever you prefer. All you need is the package. It’s that simple. Guaranteed. Please click here to initiate a return or refund.

Merchant Processing

We currently accept credit card transactions through Visa, Mastercard, Discover and American Express. We also accept echecks and wires.

Electronic Communications

Visiting this website or sending emails to Tree of Life Botanicals constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Adult Use Only

You must be 18 years or older to use our website. Tree of Life Botanicals does not collect personally identifiable information from any person we identify or know is under the age of 18. By using this website you agree that you are 18 or older.

Links to third party sites/Third party services

This website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Tree of Life Botanicals and Tree of Life Botanicals is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Tree of Life Botanicals is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Tree of Life Botanicals of the site or any association with its operators.

Certain services made available via this website are delivered by third party sites and organizations. By using any product, service or functionality originating from the this website domain, you hereby acknowledge and consent that Tree of Life Botanicals may share such information and data with any third party with whom Tree of Life Botanicals has a contractual relationship to provide the requested product, service or functionality on behalf of this website users and customers.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use this website strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Tree of Life Botanicals that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Tree of Life Botanicals or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Tree of Life Botanicals content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Tree of Life Botanicals and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Tree of Life Botanicals or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by Tree of Life Botanicals from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Tree of Life Botanicals Content accessed through this website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Tree of Life Botanicals, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Tree of Life Botanicals reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Tree of Life Botanicals in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TREE OF LIFE BOTANICALS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

TREE OF LIFE BOTANICALS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TREE OF LIFE BOTANICALS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TREE OF LIFE BOTANICALS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TREE OF LIFE BOTANICALS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

Tree of Life Botanicals reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado and you hereby consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Tree of Life Botanicals as a result of this agreement or use of the Site. Tree of Life Botanicals’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Tree of Life Botanicals’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Tree of Life Botanicals with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Tree of Life Botanicals with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Tree of Life Botanicals with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Tree of Life Botanicals reserves the right, in its sole discretion, to change the Terms under which this website is offered. The most current version of the Terms will supersede all previous versions. Tree of Life Botanicals encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Tree of Life Botanicals welcomes your questions or comments regarding the Terms.

Last Updated 5/1/17

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Money Back Guarantee

Not completely satisfied with your purchase? We are so confident that you will be satisfied with our top-quality products that we offer a One Year full money back guarantee*.

Whatever the reason, Tree of Life Botanicals customers can receive a prompt refund at any time by simply sending the unused and empty product containers back to us, with your name and invoice number, within one year of the date of purchase for a full refund minus shipping fees. Please use this “contact us” form to begin your refund process.

 *Limited to orders of $350 or less.

RETURN POLICY

To initiate a return, please email us or contact us by telephone at 719-299-1664 to receive your Return Merchandise Authorization (RMA). When contacting us, please have your order number available.

All product(s) must be shipped to Tree of Life pre-paid, as we do not accept shipping collect packages. We recommend you use a shipping method where you can track your package, as risk of loss in shipping is solely borne by the Customer. If the product is not received by Tree of Life, it is the responsibility of the Customer to trace the shipment and no credits will be applied until the items are received at our distribution center.

The shipping address is:
Tree of Life Returns
361 S. Camino del Rio #215
Durango, CO 81303

Shipping Policy

We generally ship all items the same business day of our receipt and acceptance of an order. If there is a delay affecting our ability to ship generally, we will attempt to conspicuously post that fact on our website.

We fill most domestic orders via U.S. Postal Service First-Class mail, which generally results in delivery within 2 to 3 days. Tree of Life Botanicals requires a signature at delivery for all orders with a value of $250 or more.

Requests for use of a courier service or overnight shipping cannot be processed on this web site. Unless otherwise expressly agreed in writing, TIME IS NOT OF THE ESSENCE, and any delivery date requested or provided is an estimate only. Tree of Life Botanicals is not responsible for delays or for non-performance resulting from causes beyond its reasonable control, including without limitation laws, rules, regulations or acts of any government, embargoes, blockades, armed conflict, terrorism, labor disputes, delays of carriers or suppliers, shortages of material, accidents, fires, floods, weather conditions and any other acts of God.

Unless otherwise noted on this web site, delivery of products is FCA (Incoterms (2010), the international rules for the interpretation of trade terms of the International Chamber of Commerce) Tree of Life Botancials facility where the products you order are located at the time of shipment. This means that you will be charged for the cost of shipping, and title and risk of loss will pass to you upon Tree of Life Botanicals delivery of the products you order to the U.S. postal service or courier service.