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These terms of service are entered into by and between you and Southern Botanical, Inc., a Texas corporation (the “Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms of Service”), govern your access to and use of southernbotanical.com, including any content, functionality, and services offered on or through southernbotanical.com (the “Website”), whether as a guest or a registered user.
The Website is offered and available to users who are 13 years of age or older and reside in the United States or any of its territories or possessions. By using the Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out below will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. If any changes to these terms are not acceptable to you, your sole remedy is to cease accessing, browsing, and otherwise using the Website. You are expected to check this page each time you access the Website so you are aware of any changes, as they are binding on you.
We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, or to access certain services, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
Your data and personal information are important to us. We use a third-party payment processor (the “Payment Processor”) to provide our online payment services (the “Payment Services”). We provide the Payment Services to you only upon your agreement that your access and use of the Payment Services will be subject to these Terms of Service. Our current Payment Processor is PNC Payers Express (“PNC”) and your payments are processed by PNC in accordance with PNC’s terms of service.
The Website provides users with access to various online resources, including applications that allow you to view your bill. To access the Payment Services, you will be required to create an account through the Payment Services. Unless explicitly stated otherwise, any new features that augment or enhance the current Payment Services, including the release of new services, shall be subject to these Terms of Service and the Payment Processor’s terms of service.
You acknowledge and agree that all information you provide with regards to your account, including, without limitation, credit card or other payment information, is accurate, complete, and current. You represent and warrant that you have the legal right to use the payment method you provide to us and/or the Payment Processor, including any credit card you provide when completing a payment. Upon your account registration, we grant you a personal, nonexclusive, nontransferable, license to access and use the Payment Services, subject to these Terms of Service, solely for the purpose of making payments on your account. The foregoing license includes the specific rights to use the available applications and functionalities of the Payment Services and to print information from the Payment Services. We do, however, reserve the right to, without notice: (a) modify, suspend, or terminate operation of or access to the Payment Services at any time for any reason; (b) modify or change the Payment Services or its applicable operating policies at any time; and (c) interrupt the Payment Services as necessary to perform routine and non-routine maintenance, error corrections, or other changes. We also reserve the right to modify these Terms of Service at any time. Your continued use of the Payment Services after your notification of the changed Terms of Service constitutes your agreement to the changed Terms of Service.
A. Bill Payment
When you initiate an instruction and authorization to us through the Payment Processor to receive payment for services rendered (a “Payment Instruction”), you authorize us to charge your credit card or debit card that you instruct us to charge to pay your bill (a “Payment Card”), or debit your billing account with the merchant or other entity to which you authorize a bill payment to be directed (a “Payment Account”), and remit funds to us on your behalf so that the funds arrive as close to the business day designated by you as is reasonably possible. While it is anticipated that most transactions will be processed on the day you choose, it is understood that due to circumstances beyond our control, or that of the Payment Processor, some transactions may take longer to be credited to your account.
If we are unable to obtain funds for a bill payment for any reason associated with your Payment Card or Payment Account (for example, there is not a sufficient balance available on your Payment Card or in your Payment Account to cover the transaction), then we will not be able to complete your bill payment transaction. If there is a problem in processing your Payment Instruction, we or the Payment Processor may attempt to contact you, using the contact information you have provided.
If a bill payment is made to your account, but we and/or the Payment Processor are unable to obtain funds for that payment from your Payment Card or Payment Account, you agree that your bill payment will be reversed.
You further agree that by accepting these terms of service, you also authorize us to receive and process single and/or recurring payment instructions from you over the telephone.
B. Failure to Complete Transactions
The Payment Processor will use commercially reasonable efforts to process your bill payments in accordance with your Payment Instructions. Neither we nor the Payment Processor will incur any liability if a bill payment is not made in a timely manner or if the Payment Processor is unable to complete any payments initiated by you through the Payment Service because of the existence of any one or more of the following circumstances:
C. User Names and Passwords
During the registration process for the Payment Services, a user name and password (collectively, “Authentication Materials”) will be established for your use in accessing the Payment Services. The Authentication Materials are intended for your use only. You agree: (i) not to disclose such Authentication Materials to any third party, (ii) to take reasonable care to protect such Authentication Materials from inadvertent disclosure to third parties, and (iii) to immediately notify us and the Payment Processor of any loss or unauthorized use of such Authentication Materials. You agree that you will be responsible all actions taken using your Authentication Materials.
D. Your Representations
You hereby represent to us and agree that:
Notwithstanding anything to the contrary contained herein, you acknowledge and agree that we do not control and are not liable for the security or performance of the Payment Processor and that we reserve the right to immediately change our Payment Processor at any time without notice to you and in our sole discretion, and you agree to abide by and act in accordance with any new Payment Processor’s terms of service, privacy policies, and other similar agreements.
E. Warranty Disclaimers
You acknowledge and agree that the Payment Services are provided on an “as is” and “as available” basis and that your use of the Payment Services is at your sole risk. Neither we nor the Payment Processor make any warranty whatsoever about the Payment Services, the Website, the operation or availability or either, the accuracy of information provided on or through the Payment Services, or the security of the Payment Services or the Website.
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Service permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
You must not:
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please send your request via the contact form at southernbotanical.com/contact.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:
Additionally, you agree not to:
We have the right to:
We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone accessing the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
If you believe that any content on the Website may violate your copyright, please contact us via the contact form at southernbotanical.com/contact.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. You agree to rely on your own independent investigation of the completeness, accuracy and suitability of any information, data, or analytical product available on the Website before reliance thereon.
The Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express consent.
The Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the State of Texas in the United States. We provide the Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, SECURE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN THE EVENT THAT A PAYMENT THROUGH THE PAYMENT SERVICES IS NOT COMPLETED IN ACCORDANCE WITH YOUR PAYMENT INSTRUCTIONS, WE WILL REFUND THE AMOUNT OF FUNDS RECEIVED FROM YOU AND THIS REFUND WILL CONSTITUTE YOUR SOLE REMEDY. In no event shall THE COMPANY’S LIABILITY to you ever exceed the amount of funds that we receive from your Payment Account or Payment Card for a bill payment. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY OTHER LOSS, INJURY, OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF YOUR USE OF THE PAYMENT SERVICES. EXCEPT AS OTHERWISE EXPLICITLY SET FORTH HEREIN, WE SPECIFICALLY DISCLAIM AND YOU UNDERSTAND THAT THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESSED OR IMPLIED AND THE SAME ARE HEREBY EXCLUDED FROM THESE TERMS AND CONDITIONS AND ALL TRANSACTIONS CONTEMPLATED HEREBY.
You agree to defend, indemnify, and hold harmless the Company, its subsidiaries, affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service, information you submit, post to, or transmit through the Website or the Payment Services, or your use of the Website, including, but not limited to, any use of the Website’s content, Payment Services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Website.
All matters relating to the Website and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Service or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by the Company of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
The Website is operated by Southern Botanical, Inc., 3151 Halifax Street, Suite 100, Dallas, Texas 75247.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be sent via the contact form at southernbotanical.com/contact.
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