Disclosures and Disclaimers for Blühen Botanicals, LLC
Blühen Botanicals, LLC, a Tennessee limited liability company (“Blühen,” “we,” “us,” or “our”) has created these Disclosures and Disclaimers (“Disclaimers”) which apply to your access and use of our Website, other Services, and all information and products provided by Blühen.
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.”
Health-Related Disclosures and DISCLAIMERS
FOOD AND DRUG ADMINISTRATION (FDA) DISCLOSURE: No statements available via the Services have been evaluated by the FDA. Additionally, the information and products offered by Blühen have not been evaluated by the FDA and are not intended to diagnose, treat, or cure any disease. Always consult your physician regarding the advisability of using any supplement prior to use, including, without limitation, any products offered by Blühen.
No information provided via the Services or by any other means is intended as a substitute for medical diagnosis, advice, or treatment. Therefore, you should weigh the potential risks and benefits of any information or product provided or offered with your medical provider. For example, your medical provider can advise you concerning any potential effects, side effects, and/or drug interactions. No medical diagnosis, advice, or treatment should be inferred from any information provided via the Services or any other means, including, without limitation, any testimonials that appear on the Website.
You acknowledge that there are inherent risks associated with the use of any supplements or products available via the Services and other means and/or any information related to the same, including, but not limited to risks associated with: drug and/or supplement interactions, side effects, intended effects, allergic reactions, dosing, and others (collectively, “Risks of Use”). Please see the Assumption of Risk and Indemnification provisions below.
To the extent that perpetual or implied disclaimers or exclusions, or specific limitations of liabilities are not allowed by applicable law, such disclaimers, exclusions, or limitations shall be enforceable for the longest period and/or to the fullest extent permitted by applicable law.
The information contained on the Website or provided via the Services is for informational purposes only. Blühen makes no warranties, claims, or representations that any information provided by Blühen or any information or advice provided by any third party, whether via the Services or by any other means, is accurate, complete, useful, or will meet your needs or requirements.
We cannot and do not warrant that the Services are compatible with your computer systems or that the Services will be provided free of viruses, worms, Trojan horse programs, ransomware or other malware, or disabling devices or other code that manifests restrictive, contaminating, or destructive properties. You are responsible for implementing safeguards to protect the integrity, availability, and confidentiality of your computer systems and information, and you are responsible for the entire cost of any investigations, services, replacement, and repairs of and to your computer systems or information that may be necessary as a result of your use of the Services.
YOUR USE OF THE SERVICES ARE AT YOUR OWN RISK. The Services are provided on an “AS IS,” “WHERE IS,” and “AS AVAILABLE” basis. They are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
Controlled Substances Act
Blühen does not sell or distribute any products in violation of the United States Controlled Substances Act. For more information regarding the legality of growing, selling, and processing hemp, please see our FAQ page.
Assumption of Risk and Indemnification
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW YOU ASSUME ALL RISK ASSOCIATED WITH AND AGREE TO INDEMNIFY AND HOLD HARMLESS BLÜHEN, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, PARTNERS, AND SHAREHOLDERS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S EXPENSES, COSTS, AND FEES), RESULTING FROM OR ARISING OUT OF ANY AND ALL: (A) RISKS OF USE, (B) PRODUCTS THAT YOU CHOOSE TO PURCHASE AND/OR USE, (C) YOUR USE OF ANY INFORMATION OBTAINED VIA THE SERVICES AND/OR ANY OTHER MEANS, AND (D) YOUR BREACH OF ANY BREACH OF THESE TERMS.
Limitation of Liability
In no event shall Blühen, its subsidiaries or affiliates, or any of their respective employees, contractors, agents, officers, directors, members, managers, partners, and shareholders, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, damage to persons and/or property, loss of profits, data, use, goodwill, or other intangible losses, resulting from: (a) Risks of Use, (b) products that you choose to purchase and/or use, (c) your use of any information obtained via the Services and/or any other means, or (d) your breach of any breach of these terms, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Contact us anytime via the following methods:
Blühen Botanicals, LLC
555 W Jackson Ave. #304
Knoxville, TN 37902
These Disclaimers were last updated on January 31, 2019.