TERMS & CONDITIONS

Agreement between User and Burgeon-botanicals.com

Welcome to Burgeon-botanicals.com. The Burgeon-botanicals.com website (the "Site") is comprised of various web pages operated by Burgeon. Burgeon-botanicals.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of Burgeon- botanicals.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Burgeon-botanicals.com is an E-Commerce Site.

Our website is an online store that specializes in hair care. Our main product offerings are a dietary supplement and a scalp serum, both designed with a focus on hair wellness. We also provide hair care accessories such as combs and hair forks to complement your daily routine. These products aim to cater to a broad spectrum of hair types and concerns. Our mission is to provide quality hair care products that are easily accessible through an intuitive online shopping experience and reliable delivery services.

Online Store Terms

By accepting these Terms of Service, you affirm that you have reached the age of majority in your state, province, or country of residence. If you are a minor, you confirm that you have obtained parental or guardian consent to use this site.

Burgeon insists on lawful use of our services and products. You are strictly prohibited from using our products or Services for any illegal or unauthorized purpose. In utilizing the Service, you pledge not to infringe any laws applicable in your jurisdiction, including, but not limited to, copyright laws.

Burgeon holds the safety of its platform in high regard. Therefore, you must not transmit any form of malicious software, including worms, viruses, or any code of a destructive nature, that could potentially harm or compromise the integrity of the site or Service. Please note that any breach or violation of these Terms could lead to an immediate termination of your Services. We take such violations seriously and will act swiftly to protect the integrity and security of our platform, our users, and our Services.

GENERAL CONDITIONS

Burgeon places great emphasis on maintaining a respectful, secure, and mutually beneficial environment for our users. We, therefore, reserve the exclusive right to refuse service to anyone at any time, for any reason within the bounds of the law.

In the digital world, data transmission is an integral part of providing our Services. You understand that, apart from sensitive information such as credit card details, your content may be transferred unencrypted and involve (a) transmission across multiple networks; and (b) modifications to meet and adapt to the technical requirements of connecting networks or devices. However, rest assured, your credit card information will always be encrypted during transfer across networks.

In order to maintain the integrity of our Services, you agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, its use, or access, including any content available on the website through which the service is provided, without our express written permission.

Please note, the section headings used in this agreement are included for your convenience only and will not limit or otherwise affect the scope, meaning, or interpretation of these Terms

Modifications to the Service and Prices

At Burgeon, we continuously strive to improve our offerings, which may require changes in our products, services, or pricing structure. As such, please note that the prices for our products are subject to change without prior notice.

Furthermore, we reserve the right to modify, suspend, or discontinue the Service (or any part or content thereof) without notice at any given time. We are committed to ensuring that such changes cause minimum disruption to our valued customers. However, please understand that we shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Products or Services

Burgeon takes pride in offering select products and Services that may be exclusively available online through our website. As these products or Services may be limited in quantity, they are subject to our Return Policy above.

While we strive for accuracy in the display of our product colors and images, please note that the accuracy of the colors you see on your computer monitor or device screen may vary.

In an effort to serve our customers better, we reserve the right to limit the sales of our products or Services to any person, geographic region or jurisdiction, on a case-by-case basis. We also reserve the right to limit the quantities of any products or Services that we offer. We may change product descriptions or product pricing at any time without notice, at our sole discretion. Additionally, we reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We aspire to deliver high-quality products and Services. However, we cannot warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations. We commit to correct any errors in the Service to the best of our ability, but we cannot guarantee a completely error-free Service.

Shopping and Subscription Options

At Burgeon, we value your time and convenience, and we aim to provide a shopping experience that best suits your preferences.

Guest Checkout: If you prefer a quick, hassle-free shopping experience, we offer the option to checkout as a guest. There's no need to create an account, simply choose your desired products, add them to the cart, and proceed to checkout. We ensure that all your transactions and personal data are secure and protected.

Account Creation: If you choose to create an account with us, you'll enjoy additional benefits such as tracking your orders, receiving updates on new products and special offers, and a faster checkout experience for future orders.

Subscription Services: To make it even more convenient for you, we also offer optional subscription services. By subscribing, you'll receive your favorite Burgeon products regularly, without needing to place an order each time. Please note that the subscription is completely optional and can be modified or cancelled at any time as per your preference.

Remember, at Burgeon, you're in control. Choose the option that best suits your shopping needs.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use Burgeon-botanicals.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Burgeon 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 Burgeon 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. Burgeon 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 Burgeon 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 Burgeon or our licensors except as expressly authorized by these Terms.

International Users

Burgeon's Services are controlled, operated, and administered by Burgeon from our offices within the United States of America. However, our website is accessible to users worldwide. If you access our services from a location outside the USA, you do so on your own initiative and you are solely responsible for compliance with your local laws.

You acknowledge and agree that your use of our Services and any Burgeon content accessed through Burgeon-botanicals.com must not violate any applicable local or international laws, restrictions, or regulations. This includes, but is not limited to, any laws pertaining to the regulation of online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, intellectual property rights, and privacy and data protection laws.

By using our Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services, or are on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Persons List or Entity List.

If any aspect of this policy is not enforceable under the laws of the jurisdiction from which you access our Services, you must refrain from using our Services. Please contact us at Info@burgeon-botanicals.com if you have any questions about our international users policy

Indemnification

You hereby agree to indemnify, defend, and hold harmless Burgeon, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, and third parties for any and all losses, costs, liabilities, and expenses (including but not limited to settlement costs and reasonable attorney's fees) relating to or arising from:

+ Your use of or inability to use Burgeon's website or services.
+ Any user posts or content you submit, post, or display on or via Burgeon's website.
+ Your breach or alleged breach of this Agreement, including any violation of its terms and conditions.
+ Your violation or alleged violation of any third party's rights, including but not limited to copyright, property, or privacy rights.
+ Your violation or alleged violation of any federal, state, local, or international laws, rules, or regulations.

In the event of any claim, suit, action, or proceeding arising from or related to your use of the Burgeon's website or services ("Claim"), Burgeon reserves the right, at its own cost and sole discretion, to assume the exclusive control of the defense and settlement of the Claim. In such a case, you agree to provide Burgeon with all cooperation and information that Burgeon reasonably requests in connection with the defense and settlement of the Claim. You agree not to settle any Claim without the prior written consent of Burgeon

Arbitration

In the event the parties are unable to amicably resolve any dispute arising from or concerning these Terms and Conditions, or any provisions herein, whether in contract, tort, or any other legal or equitable theory, such dispute shall be settled exclusively through final and binding arbitration.

This arbitration shall be governed by the Federal Arbitration Act, conducted by a single neutral arbitrator, and administered by the American Arbitration Association or another mutually agreed-upon arbitration service.

The location of the arbitration shall be in Los Angeles County, California, unless otherwise mutually agreed upon by the parties. The arbitrator's decision shall be final, binding, and may be entered as a judgment in any court of competent jurisdiction. In the event of any legal or equitable action, proceeding, or arbitration arising out of or concerning these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees.

The parties agree to arbitrate all disputes and claims relating to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision.

The scope and enforceability of this arbitration agreement, as well as the entire dispute, shall be determined by the arbitrator. This arbitration agreement shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any and all claims, disputes, controversies, or disagreements between you and Burgeon arising under, out of, in connection with, or related in any way to these Terms and Conditions will be resolved exclusively through final and binding individual arbitration and not by a court or jury, through a class action, representative proceeding, consolidated action, Private Attorneys General Act (PAGA) action, or in any other proceeding in which either party acts or proposes to act in a representative capacity.

THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT EACH IS WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEYS GENERAL ACT (PAGA) ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

The parties further agree that, unless both you and Burgeon otherwise agree in writing, the arbitrator may not consolidate or join more than one individual’s claims and may not preside over any form of any class or representative proceeding, including without limitation Private Attorneys General Act (PAGA) claims. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.

This arbitration agreement will survive the termination of your relationship with Burgeon. If any part of this arbitration provision is found to be unenforceable, then the entirety of this arbitration provision will be null and void, and, in such case, the parties agree that the exclusive jurisdiction and venue described elsewhere in the Terms and Conditions will govern any action arising out of or related to these Terms and Conditions. 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.

BURGEON AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. BURGEON 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. BURGEON 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 BURGEON AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BURGEON OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

UNDER NO CIRCUMSTANCES SHALL BURGEON, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (1) ANY USE OF THE PRODUCTS, (2) ANY FAILURE OR DELAY BY BURGEON IN CONNECTION WITH THE PRODUCTS, OR (3) THE PERFORMANCE OR NON- PERFORMANCE OF THE PRODUCTS BY BURGEON, EVEN IF BURGEON HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

In addition, you specifically understand and agree that any third party directing users to the Burgeon site by referral, link or any other means is not liable to user for any reason whatsoever, including but not limited to damages or loss associated with the use of the services, the Burgeon site or the Burgeon content. BURGEON IS NEITHER AN AGENT OF NOR IS CONNECTED WITH ANY AFFILIATED SERVICE PROVIDER WHO OFFERS PRODUCTS THROUGH THE BURGEON SITE.

Governing Law

This Agreement and any dispute or claim arising out of, or related to it, shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, this Agreement or the website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of Los Angeles and County of Los Angeles.

Severability

If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement will remain in full force and effect.

Reviews, Comments, Communications, and Other Content

"Users may post reviews, comments, and other content, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of 'spam' or unsolicited commercial electronic messages. Burgeon reserves the right (but not the obligation) to remove or edit such content."

Risk of Loss

All items purchased from Burgeon-botanicals.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. We are not liable for any damages that may occur during shipping, and any claims for damage during shipping should be made by you directly with the carrier.

Termination/Access Restriction

Burgeon 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 Burgeon as a result of this agreement or use of the Site. Burgeon's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Burgeon'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 Burgeon 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 Burgeon with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Burgeon 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.

Entire Agreement

Our decision not to insist upon or enforce strict performance of any provision in these Terms of Service does not waive our right to enforce such provision. No waiver by us of any breach or default of these Terms of Service will constitute a continuous waiver regarding future breaches or defaults.

These Terms of Service, together with any policies or operating rules posted by us on this site or in connection with the Service, represent the entire understanding and contract between you and us. They govern your use of the Service and supersede any prior or simultaneous discussions, negotiations, and agreements, whether oral or written, between you and us, including, but not limited to, any preceding versions of the Terms of Service.

In the event of any ambiguity or uncertainty in the interpretation of these Terms of Service, no presumption or burden of proof will be conferred upon or against the drafting party. Instead, the interpretation shall be made in a manner that most closely represents the intent of the drafting party.

Changes to Terms

Burgeon reserves the exclusive right, at its sole discretion, to modify, add, or remove portions of these Terms of Service at any time without prior notice or liability to you. Changes to these Terms of Service will be effective immediately upon being posted on the Burgeon-botanicals.com website, unless specified otherwise. Your continued use of the Burgeon-botanicals.com website and services following the posting of revised Terms of Service signifies your acceptance of and agreement to the changes. It is your responsibility to periodically check the Terms of Service on our website for modifications. The date of the most recent revisions will appear on this page, so check back regularly.

If at any time you do not agree to these Terms of Service, please immediately terminate your use of the Burgeon-botanicals.com website. To the fullest extent permitted by law, your agreement to abide by and comply with these Terms of Service also extends to any updates or amendments to these Terms of Service.