TERMS OF USE AGREEMENT (“Agreement”)
Agreement between User and miradabotancals.com
Welcome to miradabotanacles.com! The Miradabotanicals.com website (the “Site”) is comprised
of various web pages (the “Services”) operated by Mirada Botanicals (“Mirada”)
Miradabotanicals.com is offered to you conditioned on your acceptance without modification of
the terms, conditions, and notices contained herein (the “Terms”). Your use of
Miradabotanicals.com 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 Miradabotanicals.com is subject to Mirada’s Privacy Policy. Please review our Privacy
Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting Miradabotanicals.com or sending emails to Mirada 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.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that Mirada is not responsible for
third party access to your account that results from theft or misappropriation of your account.
Mirada and its associates reserve the right to refuse or cancel service, terminate accounts, or
remove or edit content in our sole discretion.
Access to This Site (Children)
You must be at least the legal age in your state, city, province or country, whichever is older, to
use this site or the Services. We reserve the right to refuse service to anyone for any reason at
any time. You agree that You will not purchase products on this website for use or possession by
a minor, and that you will use reasonable care to ensure the products do not fall into the hands of
a minor. We do not sell or market products to children, but we do sell them to adults of legal age,
who can purchase with a credit card or other permitted payment method. We reserve the right to
refuse Services, terminate accounts, remove or edit content, or cancel orders in our sole
discretion. We expect you have read and fully understand these Terms of Use, which specifically
require you to be of legal age to use this site or the Services or to purchase any products on this
site or through the Services. We will not be liable or otherwise responsible to you or anyone else
in the event you are not in fact of legal age to use this site or the Services or to purchase any
products on this site or through the Services, or have otherwise circumvented or attempted to
avoid our express age requirements contained in these Terms of Use. Each user is fully
responsible for his or her own account and we will not be liable or responsible in any manner if
your account is misused by anyone else. In addition to any other indemnification obligations
contained elsewhere in these Terms of Use, you specifically agree to defend, indemnify and hold
us harmless from any and all liabilities, obligations, claims, expenses, demands and causes of
action that result from or arise in connection with the foregoing.
Cancellation/Refund Policy
We want you to feel confident with your product purchase and want to provide you with excellent
customer service. Please check your shipment carefully upon arrival to ensure it has not been
damaged during shipping. All claims for damaged product(s) must be made within 72 hours of
receiving the product to CustomerService@Miradabotanicals.com. You will need to provide
detailed information for any product damaged and photo proof during shipping within that
timeframe.
Once orders are submitted, we cannot apply any discounts or coupons. Please ensure that your
order is correct before submitting, including the items, quantity, pricing, and discounts.
If you are not satisfied with our products, you may request a refund of the full purchase price
minus shipping costs within 30 days of the product received date, for purchases from
Miradabotanicals.com. Customer is responsible for return shipping. Please submit your request
to CustomerService@Miradabotanicals.com or call 877 774-4779 to speak to Customer Service.
Subscriptions and Recurring Orders
When you purchase a subscription, you’ll receive repeat deliveries. These are based on the
subscription duration and frequency that you select.
Your payment details will be stored securely, and you’ll be charged for each of these deliveries.
Some subscriptions may auto-renew at the end of their duration. If you don’t want to renew a
subscription you can cancel by visiting the customer portal via account link provided in the email
or by contacting customerservice@miradabotanicals.com at least one business day before your
subscription date. Any subscription not cancelled at least one business day before it processes
will be subject to the our return policy.
If you want to cancel or change your subscription, you can do it at any time. Your order
confirmation emails have links to your order.
See our return policy for more details on returns and refunds.
Links to Third Party Sites/Third Party Services
Miradabotanicals.com may contain links to other websites (“Linked Sites”). The Linked Sites are
not under the control of Mirada and Mirada 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. Mirada is providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by Mirada of the site or any association with its operators.
Certain services made available via Miradabotanicals.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from the
Miradabotanicals.com domain, you hereby acknowledge and consent that Mirada may share such
information and data with any third party with whom Mirada has a contractual relationship to
provide the requested product, service or functionality on behalf of Miradabotanicals.com users
and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
Miradabotanicals.com strictly in accordance with these terms of use. As a condition of your use
of the Site, you warrant to Mirada 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 Mirada 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.
Mirada 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 Mirada 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 Mirada or our
licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities designed to
enable you to communicate with the public at large or with a group (collectively, “Communication
Services”). You agree to use the Communication Services only to post, send and receive
messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service,
you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material
or information; upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or
have received all necessary consents; upload files that contain viruses, corrupted files, or any
other similar software or programs that may damage the operation of another’s computer;
advertise or offer to sell or buy any goods or services for any business purpose, unless such
Communication Service specifically allows such messages; conduct or forward surveys, contests,
pyramid schemes or chain letters; download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot be legally distributed in such manner;
falsify or delete any author attributions, legal or other proper notices or proprietary designations
or labels of the origin or source of software or other material contained in a file that is uploaded;
restrict or inhibit any other user from using and enjoying the Communication Services; violate any
code of conduct or other guidelines which may be applicable for any particular Communication
Service; harvest or otherwise collect information about others, including e-mail addresses, without
their consent; violate any applicable laws or regulations.
Mirada has no obligation to monitor the Communication Services. However, Mirada reserves the
right to review materials posted to a Communication Service and to remove any materials in its
sole discretion. Mirada reserves the right to terminate your access to any or all of the
Communication Services at any time without notice for any reason whatsoever.
Mirada reserves the right at all times to disclose any information as necessary to satisfy any
applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to
remove any information or materials, in whole or in part, in Mirada’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your
children in any Communication Service. Mirada does not control or endorse the content,
messages or information found in any Communication Service and, therefore, Mirada specifically
disclaims any liability with regard to the Communication Services and any actions resulting from
your participation in any Communication Service. Managers and hosts are not authorized Mirada
spokespersons, and their views do not necessarily reflect those of Mirada.
Materials uploaded to a Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to such limitations if you
upload the materials.
Materials Provided to Miradabotanicals.com or Posted on Any Mirada Web Page
Mirada does not claim ownership of the materials you provide to Miradabotanicals.com (including
feedback and suggestions) or post, upload, input or submit to any Mirada Site or our associated
Services (collectively “Submissions”). However, by posting, uploading, inputting, providing or
submitting your Submission you are granting Mirada, our affiliated companies and necessary
sublicensees permission to use your Submission in connection with the operation of their Internet
businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your
name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein.
Mirada is under no obligation to post or use any Submission you may provide and may remove
any Submission at any time in Mirada’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and
represent that you own or otherwise control all of the rights to your Submission as described in
this section including, without limitation, all the rights necessary for you to provide, post, upload,
input or submit the Submissions.
Third Party Accounts
You will be able to connect your Mirada account to third party accounts. By connecting your Mirada
account to your third party account, you acknowledge and agree that you are consenting to the
continuous release of information about you to others (in accordance with your privacy settings
on those third party sites). If you do not want information about you to be shared in this manner,
do not use this feature.
International Users
The Services are controlled, operated and administered by Mirada from our offices within the
USA. If you access the Services from a location outside the USA, you are responsible for
compliance with all local laws. You agree that you will not use the Mirada Content accessed
through Miradabotanicals.com in any country or in any manner prohibited by any applicable laws,
restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Mirada, its officers, directors, employees,
agents, attorneys 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.
Mirada 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
Mirada in asserting any available defenses.
Miscellaneous
This Agreement shall be governed and interpreted pursuant to the laws of California, United
States of America, notwithstanding any principles of conflicts of law. You specifically consent to
personal jurisdiction in California in connection with any dispute between you and Company
arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to this
Agreement each agree that the exclusive venue for any dispute between the parties arising out
of this Agreement or pertaining to the subject matter of this Agreement will be in the state and
federal courts in California. 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. This Agreement shall constitute the entire agreement among the parties
relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions
on this site will govern the items to which they pertain. Company may revise this Agreement at
any time by updating this posting.
Class Action Waiver
Any legal action under this Agreement 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 Mirada agree
otherwise, any legal proceeding 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. MIRADA
AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT
ANY TIME.
MIRADA 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. MIRADA 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
MIRADA, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT
PROVIDERS, EMPLOYEES, AGENTS, ATTORNEYS, OFFICERS, AND DIRECTORS 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
COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
WILL THE COLLECTIVE LIABILITY OF MIRADA AND ITS SUBSIDIARIES, AFFILIATES,
ATTORNEYS, 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
$100 OR THE AMOUNT YOU HAVE PAID TO MIRADA FOR THE APPLICABLE CONTENT,
PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.
Termination/Access Restriction
Mirada 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 California and you hereby consent to
the exclusive jurisdiction and venue of courts in California 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 Mirada as a result of this Agreement or use of the Site. Mirada’s performance of this
Agreement is subject to existing laws and legal process, and nothing contained in this Agreement
is in derogation of Mirada’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 Mirada 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 Mirada with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and Mirada
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
Mirada reserves the right, in its sole discretion, to change the Terms under which
Miradabotanicals.com is offered. The most current version of the Terms will supersede all previous
versions. Mirada encourages you to periodically review the Terms to stay informed of our updates.
