Terms of Use
By accessing and using this site, you agree that you have a duty to read these Terms, Conditions and Policies, that you have done so, and that you accept these Terms, Conditions and Policies in full, including, without limitation, Warranty Disclaimer and Limitation of Liability set forth further below. Furthermore, you understand and accept that you are precluded from using lack of reading as a defense against all remedies contained herein. If you disagree with any part of these Terms, Conditions and Policies please do not use this website.
The NYC Botanics website is an ecommerce site. By using the NYC Botanics website, you consent to the data practices described in this statement.
Changes
These Terms, Conditions and Policies are subject to change by www.nycbotanics.com and Viridi Lx, (Viridi Lx) at any time in its discretion. Your use of this site, including any product order, after any such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please regularly review these Terms, Conditions and Policies.
Access to this Site
YOU MUST BE TWENTY-ONE (21) YEARS OR OLDER TO USE THIS WEBSITE. IF YOU ARE UNDER TWENTY-ONE (21) YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEBSITE FOR ANY REASON. BY USING THIS WEBSITE AND AGREEING TO THE TERMS AND CONDITIONS YOU WARRANT AND REPRESENT THAT YOU ARE AT LEAST TWENTY-ONE (21) YEARS OF AGE. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEBSITE, NO INFORMATION OBTAINED BY THIS SITE FALLS WITHIN THE CHILDRENS' ONLINE PRIVACY PROTECTION ACT (COPPA) AND IS NOT MONITORED AS DOING SO.
To access this site or some of the products and resources it has to offer, you may be asked to provide certain personal information or other details for registration or order purposes. It is a condition of your use of this site that all the information you provide to Viridi Lx be true, accurate, current and complete. If you provide any untrue or inaccurate information, or if we have grounds to suspect that such information is untrue or inaccurate, we may suspend or terminate your account and refuse all current and future use by you of our website. Account information and certain other information about you are subject to these Terms, Conditions and Policies.
Use of this Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Viridi Lx or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through this site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Website and Medical Information Disclaimer
This website contains general information and content about diet, health and nutrition. This information and content is not advice, and should not be treated as such. The contents of this website are for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health professional with any questions you may have regarding a medical condition. Please consult your healthcare professional about potential interactions with medications or other possible complications before using any product.
† (FDA) FOOD AND DRUG ADMINISTRATION DISCLOSURE
These statements have not been evaluated by the FDA. In accordance with federal regulations, we cannot make health claims regarding our dietary supplement products. We can only recommend our products for general wellness. Please consult your healthcare professional about potential interactions with medications or other possible complications before using any product. These products are not intended to diagnose, treat, cure, or prevent any disease.
The general information and content on this website is provided "AS IS" without any representations or warranties of any kind, express or implied. Viridi Lx makes no representations or warranties whatsoever in relation to any health information on this website.
You must not rely on the information on this website as an alternative to medical advice from your doctor or other professional healthcare provider. If you think you may be suffering from any medical condition, you should seek medical attention. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information in Viridi Lx materials or provided by any Viridi Lx representative, none of which information is intended to be a substitute for medical diagnosis, advice or treatment. If you are considering making any changes to your lifestyle, diet or nutrition, including taking any nutritional, herbal or dietary supplement, you should consult with your doctor or health care provider before doing so. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
Neither Viridi Lx nor its representatives is providing any medical advice, and none should be inferred, from any ideas, suggestions, testimonials or other information set forth on this website or in other Viridi Lx materials or provided over the phone or in email correspondence. All of the information on this website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Viridi Lx does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not or no longer accurate or complete.
Third-Party Links
This website may contain links to third-party websites. Viridi Lx provides these hyperlinks as a convenience only and does not sponsor or endorse any of these sites or their contents. Viridi Lx is not responsible for the content of, and does not make any representations or warranties regarding the content or materials on, such linked third-party websites. Your use of linked sites and third-party services and resources is at your own risk.
Viridi Lx has no control over these linked sites, all of which have individual privacy and data collection practices, independent of Viridi Lx. Nonetheless, Viridi Lx wants to protect the integrity of its website, and therefore requests any feedback on sites to which it links, including if a specific link does not work.
Copyright; Trademarks
The material and content of this site, including but not limited to text, logos, photos, graphics and code (collectively "Content") are protected by copyright, trademark or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the United States and other copyright laws and is the property of or licensed by Viridi Lx owns a copyright in the selection, coordination, arrangement, and enhancement of such Content.
"NYC Botanics", "NYCCBD" and "Viridi Lx" and "logo", and all other logos, page headers, custom graphics, and icons are trademarks, trade names and/or service marks owned by Viridi Lx, or an affiliate of Viridi Lx, unless otherwise indicated.
Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order or purchasing Viridi Lx products. You may display and, subject to any expressly stated restrictions or limitations, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with or purchase products from Viridi Lx. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site, is strictly prohibited, unless authorized in writing by Viridi Lx. You may not modify, remove, delete, augment, add to, publish, or participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. All rights to such Content are reserved to Viridi Lx or its licensor. You further agree not to change or delete any proprietary notices, warranties, or disclaimers from materials downloaded from the site.
If you violate any of these terms, your permission to use the Content automatically will terminate and you must immediately destroy any copies you have of any portion of the Content.
Participation Disclaimer
Viridi Lx does not and cannot review all communications and materials posted to or created by users accessing the site, and is responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Viridi Lx is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any content or activities on the site. However, Viridi Lx reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another, or (d) offensive or otherwise unacceptable to Viridi Lx in its sole discretion.
Indemnity
You will indemnify and hold Viridi Lx, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, members and contractors ("Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney's fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
Limitation on Liability
VIRIDI LX, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS 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 VIRIDI LX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF VIRIDI LX AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO VIRIDI LX FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.
Viridi Lx shall not, under any circumstances, be liable for any use of, or the inability to use, the materials on this site.
Applicable law may restrict the use or extent of limitations or exclusions to liability for incidental or consequential damages, so the foregoing limitations and exclusions may not apply in full to you. Nonetheless, in no event will Viridi Lx's liability for products purchased from this site exceed the price paid for such products, including any shipping and handling charges.
Tetrahydrocannabinol (THC) Disclaimer
Viridi Lx's industrial-hemp derived supplements, and the majority of industrial-hemp products on the market, contain a naturally occurring trace amount of tetrahydrocannabinol (THC). The amount of THC in our products never exceeds 0.3% concentration by weight, per state and federal regulations and definitions of industrial hemp, and while it is highly unlikely that one would fail a traditional drug test from using our products, that possibility cannot be ruled out. Taking excessive amounts of industrial hemp products, the type or method of drug test utilized, and an employer's or organization's requirements and policies, among other things, are factors that may influence drug test results. By agreeing to these Terms and Conditions and Policies and placing an order with us, you are indicating that you understand that failing a drug test is a possibility when using industrial hemp products, and that you waive the right to make a claim against Viridi Lx for any matters related to any drug test you take or the results of any such drug test, including the loss of employment or any employment opportunity or the imposition of a civil or criminal penalty.
Local Jurisdictions/Buyer’s Compliance with Applicable Laws
Viridi Lx makes no representations that the products available through this website will be available or appropriate in every jurisdiction in which this website may be accessed. To the best of Viridi Lx's knowledge, it operates legally under both state and federal law in the United States; however, it is impossible for Viridi Lx to be aware of the laws and regulations of all local jurisdictions (e.g. municipalities and counties) relating to industrial hemp-derived products. Viridi Lx is not responsible for any potential legal matters that may arise due to such local regulations.
You are solely responsible for compliance with any laws governing the purchase and use of the products available through Viridi Lx's website or a website linked to Viridi Lx's website. IT IS YOUR RESPONSIBILITY AS THE PURCHASER AND/OR USER, NOT VIRIDI LX'S, TO ASCERTAIN AND OBEY ALL APPLICABLE LOCAL, STATE, AND FEDERAL LAWS REGARDING THE POSSESSION AND USE OF ANY ITEM OR PRODUCT OFFERED BY VIRIDI LX OR BY A WEBSITE LINKED TO VIRIDI LX'S WEBSITE. BY PLACING AN ORDER, YOU INDICATE THAT YOU UNDERSTAND AND AGREE it is your sole responsibility as buyer to determine if industrial hemp derived products are legal according to the laws that apply to you and represent and warrant that you have read this disclaimer and that all products purchased will be used in a lawful manner and that you are of legal age to purchase and use such products.
You understand and agree to the limitations on liability set forth in these Terms, Conditions and Policies.
Warranty Disclaimer
This site and, except as provided in the following sentence, the materials and products offered on this site are provided "as is" and without warranties of any kind, whether express or implied. Viridi Lx warrants that all Viridi Lx products purchased on this site, at the time of shipment, will not be adulterated, and will contain the ingredients specified for the products as labeled.
Viridi Lx makes no warranty with respect to products, services or this website that is not set forth in writing in these Terms and Conditions and Policies, and specifically disclaims and excludes, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, any and all other representations and warranties of any kind, express or implied, arising by operation of law or otherwise, including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose. The remedies provided in these Terms, Conditions and Policies are exclusive, and Viridi Lx expressly and specifically disclaims, and customer irrevocably waives the right to seek, all other remedies.
Viridi Lx does not represent or warrant that the operation of this site contained will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Viridi Lx does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Notice
Viridi Lx may deliver notice to you by means of a general notice posted on the site, or an e-mail to any address you have provided to Viridi Lx, or by any other method reasonably believed by Viridi Lx to be reliable.
Governing Law; Jurisdiction
These Terms of Use will be governed and interpreted pursuant to the laws of New York, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in New York in connection with any dispute between you and Viridi Lx arising out of these Terms, Conditions and Policies or pertaining to the subject matter hereof. The parties to these Terms, Conditions and Policies each agree that the exclusive venue for any dispute between the parties arising out of these Terms, Conditions and Policies or pertaining to the subject matter of these Terms, Conditions and Policies will be in the state and federal courts in New York. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional Terms, Conditions and Policies on this site will govern the items to which they pertain. Viridi Lx may revise these Terms, Conditions and Policies at any time by updating this posting.
Prices and Taxes
Prices listed on this web site for products or services, unless otherwise noted, are exclusive of shipping charges, and of any applicable value-added, sales, use, excise, transfer, transport, or other tax, tariff or duty of any sort imposed by any government authority ("Taxes"). Customers are solely responsible for all Taxes payable in connection with the purchase of products or services.
Product Availability; Orders
All purchases through Viridi Lx's website are subject to product availability. Viridi Lx may, in our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region or jurisdiction. Viridi Lx reserves the right, in our sole discretion, to refuse orders. If Viridi Lx believes that an order is false or fraudulent, Viridi Lx may cancel the order and reserve the right to inform the relevant authorities.
Payment methods
For online orders, Viridi Lx asks that you contact us directly through the submission form on our "contact" page or by emailing: info@nycbotanics.com.
Viridi Lx accepts payment by Visa, Mastercard, American Express, E-Check, PayPal and Venmo. If a payment is not successfully settled, due to invalid payment method, declined credit, expiration, insufficient funds or otherwise, we reserve the right to cancel your order. Orders are shipped only after receipt of full payment. For certain payment methods, you may be charged a processing fee, foreign exchange/translation fee (international orders) or other fees; you are solely responsible for the payment of all such fees. Check with your payment method service provider for details. Viridi Lx's Terms, Conditions and Policies including, without limitation, the provisions regarding limitation of liability and indemnification, apply with respect to payment methods and payment processing, and Viridi Lx is not responsible for any charges, errors or losses that may result from any payment method used by you for the purchase of our products.
Typographical and Inadvertent Errors
In the event that a Viridi Lx product is mistakenly listed at an incorrect price, Viridi Lx reserves the right to refuse or cancel any orders placed for that at the incorrect price, whether or not the order has been confirmed and your credit card charged. If your credit card has been charged for the purchase and your order is cancelled, Viridi Lx shall issue a credit to your credit card account in the amount of the incorrect price charged to you.
