Terms of Use

Terms of Use for Blühen Botanicals, LLC Services

Blühen Botanicals, LLC, a Tennessee limited liability company (“Blühen,” “we,” “us,” or “our”) has created these Terms of Use (“Terms of Use”) to communicate the rules that are applicable to your access and use of our Website and other Services provided by Blühen.


Definitions

The “Website” includes all webpages, content, information, software, applications, and all other functionality available via your web browser at https://www.bluhenbotanicals.com/. The Website and all other services offered by us from time to time, including, without limitation, email, messaging, and any other automated or online services provided by Blühen are referred to herein collectively as the “Services.” You, as a visitor to and/or user of any of the Services, along with any company and/or other person that you represent are referred to herein collectively as “you” and “your.”


Incorporation of Privacy Policy

All provisions of our Privacy Policy, available via the Privacy Policy page, are part of these Terms of Use, as if they were fully duplicated herein.


Consent to Privacy Policies and Terms of Use

Your access to and use of the Services is conditioned upon your acceptance of and compliance with both:

  • The Privacy Policy; and
  • These Terms of Use.

These Terms of Use apply to all visitors, users, and others who wish to access or use any of the Services. BY CONTINUING TO VIEW AND/OR ACCESS OUR WEBSITE OR ANY OTHER SERVICES YOU CONSENT TO ALL PROVISIONS OF THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, ALL POLICIES AND PRACTICES DESCRIBED IN THE PRIVACY POLICY. IF YOU DO NOT CONSENT OR AGREE WITH ANY ANYTHING IN THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY CEASE ACCESSING AND/OR USING THE WEBSITE AND ALL OTHER SERVICES.


Intellectual Property

The Website contains various types of intellectual property, including, photographs, graphics, text, logos, trademarks, trade names, and others that are either owned by Blühen or used with permission. We encourage you to forward links to our Website and social media posts for the purpose of letting others know what we are doing at Blühen, without any further permission from us. However, all copying, reproduction, and/or distribution of any intellectual property available via the Services is strictly prohibited, without our prior written consent.


Provision of Information

By providing any information to Blühen, you represent and warrant that all such information is accurate, complete, and that your provision of the information does not violate any right of any third party, including, without limitation, intellectual property rights, and others. You agree to promptly inform us of all changes to any information that you have previously provided to us.


Compliance With Our Security Policies

By continuing to use the Services, you agree to abide by all of Blühen’s security policies as communicated to you from time to time, whether such information is provided via the Services, email, mail, telephone, or in person.


No Marketing to Children

It is not our intention to market to children. Therefore, we will not knowingly collect, store, transmit, or disclose information about a person under the age of eighteen (18) without the consent of or upon the request of the person’s parent or legal guardian. We reserve the right to immediately delete any and all information provided by persons under the age of eighteen (18), upon discovery and without notice.


Third Party Services

The Terms of Use do not apply to any third party websites, links, content, information, activities, or services that are accessible via the Services (collectively, “Third Party Services”). Information received by you via Third Party Services is subject to such third party’s control, ownership, privacy policies, other policies, and terms. Information that you provide via any Third Party Services may be subject to such third party’s control, ownership, privacy policies, other policies, and terms in addition to Blühen’s, to the extent permitted by applicable law. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU ASSUME ALL RISK AND BLÜHEN SHALL NOT BE HELD RESPONSIBLE FOR THE CONTENT OR BEHAVIOR OF ANY THIRD PARTY SERVICES.


Disclosures and Disclaimers

Blühen’s Disclosures and Disclaimers are hereby incorporated into these Terms of Use by reference as if fully restated herein.


Additional Provisions

Assignment

We may transfer or assign any of our rights and obligations under these Terms of Use; however, you may not transfer or assign any of your rights or obligations under these Terms of Use without our express, written consent.

Governing Law and Venue

These Terms of Use shall be governed and construed in accordance with the laws of the State of Tennessee, without regard to any conflict of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of the Federal and State courts (both trial and appellate) located in the State of Tennessee in connection with respect to any and all suits, actions, or other proceedings arising out of or in connection with the Services. If you have violated or threatened to violate these Terms of Use, we may seek injunctive or other appropriate relief against you; this is in addition to any claims for damages and any and all other rights that we may have to legal remedies whether at law or in equity. You agree to pay all of our costs of enforcement, including reasonable attorney’s fees, costs, and expenses.

No Waiver; Severability

Our failure to enforce any right or provision of these Terms of Use will not be considered a waiver of those rights. If any provision of these Terms of Use is held to be invalid or unenforceable by a court, the remaining provisions of these Terms of Use will remain in effect. These Terms of Use constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have had between us regarding the Services.

Third Parties

These Terms of Use govern your interactions with us and shall not be construed as giving rights or obligations to third parties.

No Partnership.

You and Blühen agree that no joint venture, partnership, employment, or agency relationship exists between you and Blühen as a result of these Terms of Use or your use of the Services.

Survival

All provisions of the Terms of Use which by their nature should reasonably survive termination of any business relationship between Blühen and you shall survive such termination, including, without limitation, provisions related to ownership, indemnification, limitations of liability, and disclaimers. Your warranty and indemnification obligations shall remain in full force and effect for the longest period and to the greatest extent allowed by applicable law.


Changes to Terms of Use

We reserve the right to revise these Terms of Use at any time without notice. The Terms of Use posted at any time or from time to time via the Website shall be deemed to be the Terms of Use then in effect. Consequently, you should review the Terms of Use periodically. By continuing to use the Website following the posting of any revisions, you expressly accept and agree to abide by the terms set forth in the current Terms of Use. Without limiting the foregoing, Blühen may from time to time elect, in its sole discretion, to notify you of any changes to the Terms of Use that Blühen deems to be substantial or material, for your convenience and not based on any obligation of Blühen.

BY CONTINUING TO ACCESS OR USE THE SERVICES AFTER ANY REVISIONS BECOME EFFECTIVE, YOU AGREE TO BE BOUND BY THE REVISED TERMS OF USE. IF YOU DO NOT AGREE TO THE REVISED TERMS OF USE, YOU ARE NO LONGER AUTHORIZED TO USE THE SERVICES AND MUST IMMEDIATELY DISCONTINUE ACCESS AND/OR USE.


Contact

Contact us anytime via the following methods:

Blühen Botanicals, LLC
555 W Jackson Ave. #304
Knoxville, TN 37902
(865)999-3153
info@bluhenbotanicals.com

These Terms of Use were last updated on January 31, 2019.