The following Terms and Conditions expressed by Music City Botanicals (MCB) – also referred to hereafter as “us,” “we,” or “our” – are important and govern the usage of the MCB website and online store. By using our site, you naturally confirm your acknowledgment and acceptance of our Terms and Conditions. Please note that we reserve our rights to change all or parts of these Terms and Conditions at our discretion. Any modifications are effective immediately, and your continued use also confirms acknowledgment and acceptance of the changes; we suggest reviewing this page regularly.

If for any reason, you refuse to consent to our Terms and Conditions which includes all limitation contained henceforth, you cannot use or access the MCB website or online store.

SITE ACCESS

You agree to be at least the legal age of maturity required by your state or province of residence when accessing or using our site, or you are of legal age in your state or province of residence and grant permission to your legal minor dependents using our 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 MCB products.

When accessing our site and some of its resources, you may be required to enter registration details and other information. By doing so, you willingly accept that all information you provide is current, correct, and complete. If for any reason we suspect your submitted information is incorrect, outdated, incomplete, or an impersonation of someone different, we can exercise our right – without warning or prior notice – to:

• Remove any of your posted comments.
• Refuse your access to our site and its resources.
• Terminate or suspend your access at our discretion.

SITE LICENSURE

Along with complying with our terms and conditions, MCB and our applicable affiliates grant you a restricted, fixed, and non-subcontract license to enter and make personal, non-commercial use of our site’s content and resources. With this license, you cannot:

• Make borrowed use of our content and resources.
• Download, copy, or utilize account information to benefit third parties.
• Use any robots, data mining, or similar data gathering extraction tools.
• Resell or make commercial use of our site, its resources, content, or our products.

Any and all rights not expressly allowed to you within our Terms and Conditions are reserved and retained by us, our suppliers, content providers, publishers, licensors, or rights-holders. You are not allowed to reproduce, duplicate, copy, sell, resell, or otherwise exploit any content or resources posted on MCB, or products sold through our online store, without prior written authorization from us. You do not have our permission to abuse or misuse our content, products, or resources; applicable laws and our Terms and Conditions subject your use of our site. We reserve the right to terminate these licenses if you fail to comply with our Terms and Conditions.

SITE RESTRICTIONS

You are allowed to use our site for purposes strictly granted by our site. You do not have permission to utilize our site or allow any other party to use our site for any other purposes – including commercial purposes – without our prior written authorization. Examples of restricted use includes, but not limited to:

• Co-branding our site.
• Hyperlinking to our site.
• Using our name, trademarks, or utilizing any “hidden text” or other meta tags
• Framing or using framing techniques to enclose any of our, or our affiliates’, logos, trademarks, other proprietary information – texts, forms, layouts, images, etc.

In regards to our Terms and Conditions, “co-branding” refers to the displaying of a name, logo, trademark, or other means of identification giving the impression of association with MCB – or that another party has the authority to publish, display, or distribute our site or content and resources from our site. Your use of our site also guarantees your cooperation with us to cease any unauthorized co-branding, hyperlinking, or framing immediately.

We do not grant any permission for you to alter, interpret, decompile, dismantle, broadcast, license, subcontract, change, sell, frame, reflect, misuse, rent, lease, copy, duplicate, republish, upload, post, dispatch, or distribute any material from our site in any way.

PROPRIETARY INFORMATION

The content and material – henceforth referred simply as “content” – from our site, or any other Internet site owned, controlled, operated, or licensed by MCB are proprietary information belonging to us or our content providers. Our content providers and MCB retain all rights, interests, and titles within the content. Under our Terms and Conditions, you have no authorization to copy, transmit, distribute, display, republish, post, or upload from our site in any way without our prior written approval, or stated otherwise on our site. You may print a copy of our site’s content strictly for personal use only. By doing so, you also consent not to directly or indirectly change or remove any copyright, trade name, service mark, trademark, or any other proprietaries shown on any of our content. Any alterations or use of content outside the guidelines of our Terms and Conditions violates intellectual property rights. By accessing our site, you do not own any rights or titles to our content or other intellectual properties.

HYPERLINKS

Other websites not maintained by or related to MCB may hyperlink our site onto theirs. Such hyperlinks on our site provide a service to you and are not affiliated or sponsored by MCB. We do not review such websites and are not liable for content produced on such sites. You agree to access hyperlinks at your own risk and understand we make no warranties or representations about their content nor the accuracy or completeness of these hyperlinks both to and from our site. Additionally, any hyperlinks on our site leading to third parties should not imply that MCB endorses those websites.

SUBMISSIONS

Any content, graphics, information, ideas, remarks, or other suggestions that you communicate through our site – henceforth referred to as “submissions” – automatically grants MCB and our affiliates usage throughout the world in any medium. You also allow us to incorporate submissions from other works in any media, technology, or form currently known or developed in the future. You consent to our usage of your submissions is a royalty-free, transferable, irrevocable, license-free, perpetual, worldwide, fully sublicensable, non-exclusive right and license to display, utilize, reproduce, perform, change, translate, publish, generate copied works from, adapt, and distribute. You agree to represent and vouch ownership or control over all rights to your submissions. There is no requirement for us to regard any submission as confidential; you also permit us to use your submission within our business without accruing any liability for royalties or other compensation of any kind. We also will not assume any responsibility resulting from any similarities appearing in future operations; however, we will respect any personal information you submit through our site as detailed in our Privacy Policy.

LIABILITY LIMITATIONS

At no time is the collective liability of MCB and its affiliates, subsidiaries, service providers, licensors, employees, content providers, agents, directors, and officers, to any party exceed the lesser of $100 or the amount paid for appropriate content, service, or product which caused liability – no matter form of action, whether in tort, contract, or otherwise.

Limitations on implied warranties, or the exclusion or limitation of certain damages are not allowed by certain state laws. If these laws apply to you, some or all of the exclusions, limitations, or disclaimers may not be applicable, and you may incur additional rights.

INDEMNITY

You agree to indemnify and hold MCB, its affiliates, subsidiaries, service providers, licensors, contractors, employees, content providers, agents, directors, and officers – referred to as “Indemnified Parties” – harmless from any violation of our Terms and Conditions by you – including any content use outside what we expressly granted in our Terms and Conditions. Your agreement states the Indemnified Parties have no responsibility regarding any such infringement or unauthorized use; you also consent to reimburse in the juncture of Indemnified Parties – including damages, losses, costs, awards, expenses, judgments, attorney, and expert witness fees. Ultimately, you will remit and hold Indemnified Parties harmless from and against any claims presented by third parties due to your use of information gained from our site.

TRADEMARKS AND COPYRIGHTS

Any trademarks, logos, service marks, graphics, coding, images, buttons, icons, banners, multimedia clips, and software on this site belongs strictly to MCB and to the providers of those materials. MCB and our material providers retain all rights regarding any respective trademarks, logos, service marks, and copyright material on our site. You have no permission to use our trademarks and trade dress in conjunction with any products or services not belonging to MCB, in any manner potentially confusing with customers, or in any disparaging or discrediting way.

INFORMATION YOU CANNOT PUBLISH, POST, ETC.

With our Terms and Conditions, we do not permit you to send, post, transmit, publish, or submit in conjunction with our site any content that:

• Contains MP3 format files.
• Does not relate directly to our site.
• Solicits sponsors, advertisers, of funds.
• Corresponds to a pyramid or comparable scheme.
• Violates any law or gives the impression of breaking any law.
• Expresses obscene, vulgar, indecent, or pornographic imagery.
• Promotes unlawful activity or presents an intention to commit an illegal act.
• Includes hyperlinks to other websites containing types of content described in this section.
• You do not own or have the authority to post – including proprietary material of third parties.
• Opposes policies or ordinances regularly established regarding the use of our site or connected networks to our site.
• Markets any commercial effort or engages in business activities except for what our site expressly authorizes.
• Falsifies or imitates ties to other entities or persons or otherwise manipulates headers or identifiers to disguise the content origin.
• Seeks to cause harm or to exploit any person through exposure to inappropriate content, requests personal identifying details, or otherwise.
• Infringes any intellectual properties or rights of an entity or person – including breaching anyone’s copyrights, trademarks, or publicity rights.
• Disrupts proper flow of dialogue, causes a screen malfunction, or negatively affects people’s ability to participate in real-time activities with our site.
• Threatens, abuses, or isolate others, defames, stalks, invades privacy, or is obscene, offensive, harassing, abusive, pornographic, racist, or threatening.
• Includes apps or programs containing viruses, Trojan horses, worms, or any malicious computer codes, files, or programs created to terminate, prevent, or limit the functionality of computer equipment, software, or telecommunications.

Without obligation, we reserve our rights to monitor usage of our site to determine compliance with our Terms and Conditions along with our refusal or removal of any information at our discretion. Nonetheless, you are solely liable for the content you submit. You acknowledge and agree that neither MCB nor any of our third parties providing content assumes or hold responsibility for action or inaction by our third parties, or us, regarding any submissions.

SECURITY

Any passwords you create through our website are strictly for individual use. It is your responsibility for securing any passwords; you also accept liability for the activities that happen while logged into your account or password. MCB has the right to monitor your password and may require you to change it at our discretion. If we reasonably consider you’re using an insecure password, we have the right to require a password change or account termination. Your use of any services or facilities that compromise security or interfere with system resources or accounts in conjunction with our site is strictly prohibited. Any use or distribution of tools created for endangering system safety – password guessing programs, cracking tools, network probing tools, etc. – is also strictly prohibited. If we discover your involvement in any system security violation, we reserve our right to release your details to system administrators to support in resolving security incidents. We also have the right to investigate suspected violations of our Terms and Conditions and to cooperate entirely with law enforcement authorities or court orders instructing us to disclose identities of anyone posting content that infringes our Terms and Conditions. When you consent to our Terms and Conditions, you waive and hold us and our affiliates, subsidiaries, service providers, licensors, employees, content providers, agents, directors, and officers harmless from any claims due to actions enforced by us as a consequence of our investigations or others – including law enforcement authorities.

APPLICABLE UNITED STATES LAW

MCB website and online store are intended for consumers living in the United States. It is entirely your responsibility to know if accessing and buying MCB products are legal where you reside. Accessing the MCB website and purchasing its products is at your own risk; you are 100 percent liable for all applicable laws, regulations, treaties, and rules compliance.

CONTACT MCB

For any questions or concerns about our Terms and Conditions, our site or business practices, or inquiries of republishing content from our site, please send an email to Service@MusicCityBotanicals.com or call us at 931-277-4558.