Wild Forest Herbs Terms and Conditions
Last Changes to Terms of Service: June 17, 2024
These terms and conditions (“Terms and Conditions” or “Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you,” “your” or “user”) and Susitna Canoe Company dba Wild Forest Herbs, and its respective subsidiaries, parents and affiliates (referred to herein as “Wild Forest Herbs,” "the Company,” "we,” “us,” or “our”), governing your access to and use of the wildforestherbs.com website, as well as any other media form, media channel, or any of our past, present or future websites related or connected thereto (collectively, the “Site”), and any products (“Products”) or services supplied by or on behalf of us through the Site (collectively, “Services”).
Please read these Terms and Conditions carefully before purchasing the Products offered by Wild Forest Herbs. YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS BY CONTINUING TO USE THE SITE. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, OR TO MODIFICATIONS THAT WILD FOREST HERBS MAY MAKE TO THESE TERMS IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE SERVICES OR THE SITE.
1. Agreement to Terms:
By accessing, browsing, using the Site, or purchasing our Products, you agree to comply with and be bound by these Terms and Conditions. If you do not agree to these Terms, then you may not access the site or purchase our Products.
2. Use of Services:
You may purchase our Products for personal, non-commercial purposes. YOU MUST BE 21 YEARS OR OLDER TO VISIT THIS SITE OR PURCHASE OUR PRODUCTS. By accessing the Site or purchasing our Products, or by clicking to accept the Terms when this option is made available to you, you represent and warrant that you are at least twenty-one (21) years of age and are legally able to enter into any and all purchase agreements with us and our partners, vendors, agents, and service providers. We do not ship to the following states: Louisiana.
3. Safety Acknowledgment:
Our products are intended for research and education purposes. While there is promising scientific research on the potential medicinal properties of Amanita mushrooms, do not consume Amanita Muscaria without approval from a doctor, particularly if you are pregnant, nursing, have known or suspected allergies or medical conditions, or are taking any medication. Amanita Muscaria has not been evaluated or approved for human consumption by the US Food and Drug Administration (“FDA”). The FDA has articulated safety concerns associated with the species. Symptoms such as drowsiness, dizziness, hyperactivity, manic behavior, and delirium can occur. Research and educational guidelines suggest a reference amount of 0.5-1.0 grams for those studying microdosing effects. We shall not be held liable for medical or other claims relating to consumption of Products.
In no way is any of the information contained in these Terms or elsewhere on the Site intended to be a medical or prescriptive guide or a substitute for informed medical advice or care. You access this Site and purchase our Products at your own risk, and you are responsible for compliance with all applicable laws, rules, regulations, and treaties. You may only place an order to purchase Products in accordance with the laws of the United States and any applicable international jurisdiction in which you will possess, use, or ship any Products.
4. Privacy:
Your purchase and use of our Products is also governed by our Privacy Policy, which is incorporated by reference into these Terms and Conditions.
5. User-Provided Content:
If you submit any content to Wild Forest Herbs, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute that content for the purpose of providing our services.
6. Restrictions:
Must be 21 years or older to purchase. We do not ship to the following states: Louisiana. You agree not to:
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a. Violate any applicable laws or regulations in your purchase and use of our Products.
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b. Purchase or use our Products for any unlawful or unethical purposes.
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c. Attempt to gain unauthorized access to our systems or engage in any malicious activity.
7. Intellectual Property:
All content and materials available on Wild Forest Herbs are protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, or distribute any content from our services without prior written consent from Wild Forest Herbs.
8. Termination:
We reserve the right to terminate or suspend your account and access to our Products at our discretion, without notice, for any violation of these Terms and Conditions.
9. Disclaimers:
We make every effort to ensure that the information on our website is accurate, but we do not guarantee the accuracy, completeness, or reliability of any content. Your purchase and use of our Products is at your own risk.
10. Limitation of Liability:
YOU AGREE THAT YOUR USE OF THE SITE, SERVICES, AND PRODUCTS IS AT YOUR SOLE RISK TO THE FULLEST EXTENT PERMITTED BY LAW. WILD FOREST HERBS, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF WILD FOREST HERBS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF WILD FOREST HERBS OR ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $500 OR THE AMOUNT YOU HAVE PAID TO WILD FOREST HERBS FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.
11. No Warranties:
THIS WEBSITE IS PROVIDED “AS IS,” WITH ALL FAULTS, AND WILD FOREST HERBS MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, OF ANY KIND RELATED TO THIS WEBSITE OR THE MATERIALS CONTAINED ON THIS WEBSITE. ADDITIONALLY, NOTHING CONTAINED ON THIS WEBSITE SHALL BE CONSTRUED AS PROVIDING ADVICE TO YOU.
WILD FOREST HERBS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. WILD FOREST HERBS PRODUCTS ARE OFFERED AND SOLD ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WILD FOREST HERBS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL WILD FOREST HERBS BE LIABLE FOR ANY DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO YOUR USE, MISUSE OR UNAUTHORIZED USE OF ANY PRODUCTS, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES; DAMAGES FOR LOSS OF USE, OTHER PROPERTY OR EQUIPMENT; LOSS OF PROFITS OR REVENUE; COST OF CAPITAL OR CLAIMS OF PURCHASER’S CUSTOMERS; OR OTHER PHYSICAL HARM OR MISFORTUNE. WITHOUT LIMITING THE FOREGOING, ANY AND ALL CLAIMS ARISING OUT OF CONTRACT, NEGLIGENCE, TORT, STATUTORY, EQUITABLE, OR ANY OTHER LEGAL ACTIONS SHALL BE GOVERNED BY THIS LIMITATION OF LIABILITY.
12. Indemnification:
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR PARENT, AFFILIATES, SUBSIDIARIES, AND EACH OF OUR AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, PERSONNEL, AGENTS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, ALLEGATIONS, DEMANDS, ACTIONS, CAUSES OF ACTION, LAWSUITS, INVESTIGATIONS AND PROCEEDINGS INCLUDING, WITHOUT LIMITATION, ANY AND ALL LIABILITY, DAMAGES, COSTS, EXPENSES (INCLUDING, REASONABLE ATTORNEYS’ FEES), SETTLEMENTS, FINES, PENALTIES AND LOSSES OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH: (I) YOUR VIOLATION OR BREACH OF THE TERMS; (II) YOUR USE OF THE SITE OR SERVICES; (III) YOUR DISPUTE WITH ANOTHER USER; (IV) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY; OR (V) YOUR VIOLATION OF APPLICABLE LAW. THIS INDEMNIFICATION OBLIGATION WILL CONTINUE AFTER YOU STOP USING THE SITE OR SERVICES. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY CLAIM AND MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AT YOUR EXPENSE, AND YOU SHALL NOT IN ANY EVENT SETTLE OR OTHERWISE DISPOSE OF ANY MATTER WITHOUT OUR PRIOR WRITTEN CONSENT.
13. Governing Law and Jurisdiction:
These Terms and Conditions are governed by and construed in accordance with the laws of Colorado without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the state of Colorado. Each of Wild Forest Herbs and you agree to submit to the nonexclusive personal jurisdiction of the courts located within Denver County, Colorado, and waive any objection to the laying of venue of any litigation in said courts.
14. Dispute Resolution; Arbitration; Jury and Class Action Waiver:
Dispute Resolution. In the event of any dispute with Wild Forest Herbs, you agree to first contact Wild Forest Herbs to attempt in good faith to resolve the dispute. Either party may commence this negotiation by delivering written notice to the other party. All offers, promises, conduct and statements, whether oral or written, made in the course of negotiation to resolve the dispute by any of the parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
Arbitration. If the dispute cannot be settled amicably within thirty (30) days of delivery of written notice or the in-person meeting of authorized representatives, whichever comes later, then the dispute shall be resolved by binding arbitration, rather than in court. We each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or in any way relating to these Terms, Products, or the Services, including any determination of the scope or applicability of this Section, shall be finally settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules then in effect, and judgment on the award rendered by the arbitral tribunal may be entered in any court having jurisdiction thereof. The Parties shall share the costs of the arbitration equally; however, each Party shall be responsible for its own attorneys’ fees and other costs and expenses. The arbitration will be conducted in the English language, in Denver, Colorado, by a single arbitrator jointly selected by the parties in accordance with the AAA Rules. The arbitrator shall have the power to grant legal and equitable remedies, including awarding the prevailing party its attorneys’ fees and other costs of the arbitration, but they shall not grant punitive damages. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The award shall be final and binding upon all parties as from the date rendered and shall be the sole and exclusive remedy between the parties regarding any claims, counterclaims, issues, or accounting presented to the arbitral tribunal. The Parties acknowledge that they are irrevocably waiving the right to a trial in court, including a trial by jury and that all rights and remedies will be determined by an arbitrator and not by a judge or jury. This Section will not preclude the parties hereto from seeking injunctive relief and/or provisional remedies in aid of arbitration from a state court of appropriate jurisdiction.
Waiver of Class or Consolidated Actions. Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. Your access and continued use of the Services signifies your explicit consent to this waiver. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
15. Accessibility
We are committed to making our Site accessible and usable by all people, including those with disabilities and special needs. We provide technical and customer support to accommodate the needs of users with disabilities and address issues related to the accessibility of our Site and Services. If you have difficulty using or accessing any element of the Site or the Services or if you have any feedback regarding accessibility of the Site or the other Services, please feel free to contact us at contact@wildforestherbs.com.
16. Severability:
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
17. Changes to Terms:
We may update these Terms and Conditions from time to time. You are responsible for reviewing these Terms periodically to stay informed of any changes. Your purchase of our Products after changes are made signifies your acceptance of the revised Terms.
18. Contact Us:
If you have any questions about these Terms and Conditions, please contact our customer support here.