Effective on February 4, 2016

Introduction
Welcome to the Terms of Use for BioTerra Herbs, a brand of Sainthood USA. Users (Customers, Buyers and Sellers) of BioTerraHerbs.com (the “Site“) are provided with a wide variety of information and services, including shopping opportunities (collectively the “Services“). By using (browsing or shopping on) our Site, you agree to comply with and be bound by the following terms of use (collectively, the “Terms of Use“). Please review the following terms carefully. If you do not agree to any of these terms, you should not use this Site.

The term “BioTerra Herbs” or “us” or “we” or “The Company” refers to the owner of the Site, Sainthood USA; a California corporation. The term “you” refers to the user or viewer of our Site or any of the Services.

Changes to the Terms of Use
The Company reserves the right to change any of the terms and conditions contained in these Terms of Use or any policies or guidelines governing the Site or Services at any time and in its sole discretion. Changes to the Terms of Use and referenced policies and guidelines may be posted without notice to you.

Any changes will be effective upon posting of the revisions on the Site. All notice of changes to the Terms of Use will be posted on the Site for thirty (30) days. You are responsible for reviewing the notice and any applicable changes.

Your continued use of our Site and Services following The Company’s posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to these terms, do not continue to use the Services or this Site.

Privacy
Please see our Privacy Policy to understand how we use and share information about you.

Using BioTerra Herbs
Age: Our Site and Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 may use this Site and our Services only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities.

Your Warranties About Use: You warrant to us that you will not purchase any products through the Site which may be harmful based on your allergies (including, without limitation, allergies to peanuts) and/or other medical conditions.

You warrant to us that you will properly investigate whether the ingredients of a particular product are suitable for you.

Termination of Service: The Company reserves the right to refuse service to anyone for any reason, terminate accounts, remove or edit content, limit, condition or cancel orders in its sole and absolute discretion. Without limiting the foregoing, The Company may, but is not required to, impose transaction limits on some or all Buyers and Sellers relating to the value of any transaction or disbursement, the cumulative value of all transactions or disbursements during a period of time, or the number of transactions per day or other period of time. The Company will not be liable to any Buyer: (i) if The Company does not proceed with a transaction or disbursement that would exceed any limit established by us for a security reason or (ii) if The Company cancels from a transaction.

License & Site Access
Subject to the terms and conditions of these Terms of Use, The Company hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of browsing content, shopping for products, uploading reviews, and interacting with other Site users on the Site. Users may not use this Site or any 3rd party site (Amazon, eBay, Jet, Walmart, or any other seller platform) for any commercial use or use on behalf of any third party, other than sellers explicitly permitted in writing to do so by The Company.  All permitted sellers must fill out the appropriate forms including but not limited to reseller’s permit, credit application, liability insurance forms, governing law and terms and service consent forms.  All permitted sellers sell at their own risk and must follow all cGMPs, FDA, and governing laws at their own risk.  The Company has the right to terminate the permitted seller’s resale rights for any reason, and can hold the reseller liable for any damages resulting from misuse of appropriate selling requirements.  This includes selling of expired, defective, product or selling beyond the scope of area or time allotted by The Company.  This includes the infringement of any copyright, trademark, or intellectual property.

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it by any means, unless expressly permitted by The Company.

You may not use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, lease, license, rental, subscription, or any other commercial distribution mechanism. You also may not “mirror” or “frame” any material contained on the Site on any other server.

You many not use any manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Site. You may not monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

You shall not upload to, distribute, or otherwise publish on our Site any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person or organization, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant The Company all of the license rights granted herein; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, or could give rise to any civil or criminal liability under U.S. or international law; (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties, (d) advertises or solicits business, or (e) impersonates another person.

Any breach of these Terms of Use may result in the immediate revocation of the license granted above, without notice to you.

Links to Third Party Sites
Our Site may contain links to web sites controlled, owned, and operated by affiliated companies, individuals and other businesses (“Third-Party Sites“). We are not responsible for examining or evaluating information provided on the Third-Party Sites, and we cannot control and have no responsibility for the accuracy or availability of information provided on the Third-Party Sites. You acknowledge that use of any Third-Party Sites is governed by the terms of use for those sites, and not by these Terms of Use. Such Third-Party Sites may have a privacy policy different from that of this Site and the Third-Party Sites may provide less security than this Site. You should carefully review the respective privacy statements and other conditions of use. We are not responsible for the content of any Third-Party Sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy of such content) on any Third-Party Sites, and we shall have no liability of any nature whatsoever for the actions, products, and content of any such third parties or any other third parties and for any failure of products or services offered or advertised on such Third-Party Sites.

Intellectual Property
The Company, the leaf logo, and other graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of The Company in the U.S. and/or other countries. The Company’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

Users shall not use our graphics, logos, content, appearance, design, functionality and any other aspects of the Site and the Services in any manner that could cause confusion or could disparage or discredit The Company.

All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of The Company or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of The Company and protected by U.S. and international copyright laws.

Disclaimer, No Warranty and Limitation of Liability
The Site, the Services and the products purchased by you are provided on an “as is” basis. The Company makes no other representations or warranties of any kind, express, implied or statutory. The Company, and its subsidiaries, affiliates, officers, directors, employees, shareholders, agents, merchants and suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. In addition, no advice or information (oral or written) obtained by you from The Company shall create any warranty. IN ADDITION, TO THE MAXIMUM EXTENT ALLOWABLE BY APPLICABLE LAW, THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND AGENTS SPECIFICALLY DISCLAIM ALL LIABILITY RESULTING FROM PERSONAL INJURY AND/OR DEATH RESULTING FROM, OR ARISING OUT OF, YOUR USE OR CONSUMPTION OF PRODUCTS OBTAINED THROUGH THE SITE OR IN CONNECTION WITH THE SERVICES.Such disclaimer shall include, without limitation, mislabeling of products and/or ingredients. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

Without limiting the foregoing, we do not guarantee continuous, uninterrupted access to the Site or the Services, and operation of the Site may be interfered with by numerous factors outside our control.

Limitation of Liability
IN NO EVENT SHALL THE COMPANY, AND (AS APPLICABLE) THE COMPANY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR THE COMPANY’S SUPPLIERS OR SELLERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, OR ANY OTHER DAMAGES OF ANY KIND, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, THE SERVICES, ANY THIRD PARTY SITE, OR AS A RESULT OF THE APPLICATION AND/OR ENFORCEMENT OF THE TERMS OF USE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

THE COMPANY’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF THE COMPANY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS OR SELLERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT PAID TO THE COMPANY FOR THE PRODUCT GIVING RISE TO THE CAUSE OF ACTION, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnity
You agree to indemnify and hold The Company and (as applicable) its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any party due to or arising out of your breach of the Terms of Use (and any documents they incorporate by reference), your own use of the Site or the Services, or your violation of any law or the rights of a third party.

Registration and Membership
To register and become a member of our Site, use your valid email address and create a password to register your profile. Each time you use your password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms of Service and BioTerra Herbs has no obligation to investigate the authorization or source of any such access or use of the Site.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of your password and identification. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
At the time of your first order, you will request shipping and payment information. You agree that we may update your payment information with information your bank or credit card issuer may supply, or other information available to us. All such personal information is subject to our Privacy Policy.
As a member, you agree to receive emails promoting any special offer(s), including third party offers. We may also send you our monthly newsletter from time to time.
To cancel your membership, please call BioTerra Herbs Support at 877-204-7793 Monday – Friday 7AM – 5PM (Pacific).

Subscription Process
As a member, you may order a Trial or select and purchase a Bundle offered by BioTerra Herbs, subject to the terms below.

Termination
You agree that we may, with or without cause, immediately terminate your account and access to our Site and Services without prior notice. Without limiting the foregoing, the following may lead to the termination by The Company of a user’s use of the Site and the Services: (a) breaches or violations of the Terms of Use or other incorporated documents, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), and (d) unexpected technical issues or problems. Furthermore, you agree that all terminations shall be made in our sole discretion and that we shall not be liable to you nor to any third-party for any termination of your account or access to our Site and Services.

Any termination of access or of the Terms of Use shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

Applicable Law
The laws of the State of California govern these Terms of Use, without giving effect to any principles of conflicts of laws or the Convention on Contracts for the International Sale of Goods. Any dispute with The Company or its affiliates relating in any way to these Terms of Use or your use of the Site or Services shall be adjudicated in any state or federal court in Los Angeles, California, and you consent to exclusive jurisdiction and venue in such courts.

Copyright Complaints
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on our Site or in connection with the Services any materials that violate another party’s intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act.
If you believe that any content on the Site may give rise to copyright infringement, please provide The Company with the written information specified below.
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site, including the product name, if applicable;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
• Please send notices to info@BioTerraHerbs.com.

Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, The Company has adopted a policy of terminating, in appropriate circumstances and at The Company’s sole discretion, members who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Resolution of Disputes and Release
In the event a dispute arises between you and The Company, please contact us at info@BioTerraHerbs.com.

Should you have a dispute with a Seller, or an outside party, you release The Company (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Severability
If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision shall be excluded from these Terms of Use and the remainder of the Terms of Use shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided, however, that in such event these Terms of Use shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.

Notices
All notices to users will be sent by e-mail or will be posted on the Site. We will send notices to users at the e-mail address maintained in The Company records for the user. E-mail notices are deemed written notices for all purposes for which written notices may be required. E-mail notices are deemed received the Business Day after transmission if properly addressed to the intended recipient.

Contact Information
If you have any question, you can contact BioTerra Herbs at info@BioTerraHerbs.com

Last updated 10.11.2016