1. The information provided is for educational purposes only. It is not meant to diagnose or treat any health condition and is not a replacement for treatment by a healthcare provider. Blue Stone Apothecary LLC specifically disclaims any and all liability for any claims or damages that may result from providing the website or the information it contains, including any websites maintained by third parties and linked to or from the Blue Stone Apothecary website. Due to the nature of the products Blue Stone Apothecary will not be liable for any products and will not accept any refunds or exchanges.By signing this agreement you acknowledge that before starting any new supplements you are responsible for consulting a physician before use. Blue Stone Apothecary is not liable for any adverse reactions or undesirable side effects of the products it produces and services it renders. 2. Do not use this information to diagnose, treat or cure any illness or health condition. I understand by signing this agreement that if I have, or suspect that I have a medical problem, I should contact my physician or health care provider. The products offered on this website are not intended to treat, cure or prevent any illness or disease. If you have or suspect that you have a medical problem, consult with your physician for diagnosis or treatment. Use herbs as per instructions and always watch for any allergic reactions. You should always carefully read all product packaging and labels. Always consult your physician or health care provider before using any herbal products, especially if you have a medical problem. Blue Stone Apothecary and/or it's proprietors assume no liability for any injury, illness or adverse affects caused by the misuse and/or use of the information or products presented on this website or in store. All informational material, descriptions and representations are subject to change. All ingredients used in the manufacture of our health and wellness products are FOOD GRADE and of plant origin. All ingredients are classified as GRAS (Generally Recognized As Safe). No synthetic colors, dyes, fragrances or additives are added to any product.Therefore these products should be correctly stored and used within the appropriate times. 3. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use. 4. You agree that the Site itself, as well as all content, videos, products, services and/or other materials, made available on the Site by us or other third parties, as well as the Content are maintained for your personal use and the information provided is the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and sub-licensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company. 5. All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and trademarks, are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. 6. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site. 7. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email. 8. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk. 9. The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy. 10. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. 11. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/ OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. 12. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. 13. You agree to indemnify and hold the Company and each of its owners, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company. 14. This agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Ulster County, NY. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. 15. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf. 16. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current
17 Indemnity You agree to defend, indemnify, and hold Blue Stone Apothecary and its administrators, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
18 Complete Agreement These Terms and Conditions constitute the entire agreement between you and Blue Stone Apothecary with respect to the use of the Blue Stone Apothecary Site, and Content. 19 Liability of Blue Stone Apothecary and Its Administrators The use of the Blue Stone Apothecary Site, Wellness Consultations, Holistic Nutrition Consultations, Social media and the Content is at your own risk. When using the Blue Stone Apothecary Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Blue Stone Apothecary. Accordingly, Blue Stone Apothecary assumes no liability for or relating to the delay,failure, interruption, or corruption of any data or other information transmitted in connection with use of the Blue Stone Apothecary Site.The Blue Stone Apothecary Site and the content are provided on an “as is” basis. Blue Stone Apothecary, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Blue Stone Apothecary makes no representations or warranties about the following: 1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Blue Stone Apothecary Site. 2. The satisfaction of any government regulations requiring disclosure of information or the approval or compliance of any software tools with regard to the Content contained on the Blue Stone Apothecary site. 20. In no event shall Blue Stone Apothecary, or its administrators be liable for any damages (including, without limitation,incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Blue Stone Apothecary Site, Wellness Consultations, Holistic Nutrition Consultations, or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Blue Stone Apothecary, or its administrators are advised of the possibility of such damages. Blue Stone Apothecary, or its administrators shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $10. Blue Stone Apothecary, or its administrators are not liable for any personal injury, including death, caused by your use or misuse of the Site, Wellness Consultations, Holistic Nutrition Consultations, or Content. Any claims arising in connection with your use of the Site, Wellness Consultations, Holistic Nutrition Consultations, or any Content must be brought within six months of the date of the event giving rise to such action occurred.Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions. 21. Disclosures/Disclaimers PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING BlueStoneApothecary.com By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site! Blue Stone Apothecary may revise and/or update these Terms and Conditions at any time. Your continued usage of the Blue Stone Apothecary website (or the “Site,”) means you accept those changes. 22. Medical Advice Blue Stone Apothecary Blog/Articles is a personal/educational blog written by Tanya Swigart about Holistic living. Her purpose is to share her experiences living in a naturally healthy manner through a Holistic lifestyle. Information found on the Blue Stone Apothecary website and within Wellness Consultations, Medicinal herb garden consultations, or Holistic Nutrition Consultations, is meant to empower others to do their own research and make healthy choices for themselves and their families in partnership with your health care provider. It should not be relied upon to determine a medical diagnosis or courses of treatment. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this site! Reliance on any information provided by Blue Stone Apothecary is solely at your own risk. Any statements or claims about the possible health benefits conferred by any foods or supplements have not been evaluated by the Food & Drug Administration and are not intended to diagnose, treat, cure or prevent any disease. 23. Due to the Eco-friendly nature of Blue Stone Apothecary products and my client's safety, products cannot be returned or exchanged as I do not use adhesive seals. With that being said, I work endlessly to create all natural organic products that are safe, effective, and enjoyable to use. I want you to be 100% happy and satisfied with your order. If for some reason you aren't pleased with your order or have any questions, send me an email at Tanya@BlueStoneApothecary.com so that I can work on finding a resolution. 24. 'Made to order' products will be prepared within 1-3 business days. Orders placed after 4pm will be processed the next business day.
Last Updated Feburary 2020