Welcome to Backcountry Herbs! 

These Terms of Service (TOS or Terms) are a legally binding agreement between you and Backcountry Herbs (We, Our, Us), concerning your access to and the use of www.backcountryherbs.net (Website) as well as any other media form, channel, mobile website or mobile application related, linked or otherwise connected thereto.

PLEASE READ THEM CAREFULLY. Your use of the Website is conditioned on your acceptance/agreement without modification of the Terms, conditions, and notices contained herein (the TOS).  It is your responsibility to read these TOS, the Privacy Policy and Operating Practices and Disclaimers (collectively known as the Policies) BEFORE proceeding to use this Website.  If you DO NOT expressly agree to ALL of these Policies, then please do not access/use our Website or services. 

Privacy
Customer registration data and various other personal information are strictly protected by the Backcountry Herbs.  Your continued use of www.backcountryherbs.net is subject to Backcountry Herbs’ Privacy Policy which is incorporated into this TOS.  Please review our Privacy Policy page here.

We reserve the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
*Compliance with any legal process;
*Enforcement of the TOS;
*Responding to any claim that therein contains content in violation of the rights of any third party;
*Responding to requests for customer service and/or;
*Protecting the rights, property or personal safety of Backcountry Herbs, its visitors, users and members including the general public.

We herein reserve the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Us or any other content providers supplying content services to Us.  You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. 

Electronic Communications
You understand that visiting Our Website or sending emails to Backcountry Herbs constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing. You cannot opt-out of receiving legal notices.

Product and Services Disclaimer (Relating to Health and Wellness)
The content and information found on this website is for informational and educational purposes only.  None of these products or statements have been evaluated or approved by the United States FDA and are not intended to diagnose, treat, cure or prevent disease.  These products and/or information should not be considered a substitute for treatment from a licensed healthcare provider.  I am a trained herbalist, but not a licensed or registered medical doctor.  I cannot diagnose health conditions, prescribe medicine or treat patients.  While I believe in the safety and efficacy of herbal medicine, the usage of herbal supplements and remedies can be as complicated as conventional medicine and should be used with caution.

Customers should accept ownership and responsibility for their own health, including negative consequences and positive outcomes.  Please consult with your primary care physician before using any herbal supplement or remedy, particularly if you have an existing medical condition for which you take prescription medication, OR if you’re pregnant or nursing.  We cannot predict how an herb or remedy will work for you.  As with prescription medication, people react differently to any given herb or remedy.  We are not liable for any possible adverse reactions and side effects of the products you purchase from us or decide to use.  It is important to do your own research and be knowledgeable about any herb before you use it.  No website information or social media forum posting should be considered health advice. 

In addition, please be 100% sure of plant or mushroom identification before you harvest or ingest them.  Many plants have a list of common names they are known by regionally and ethnically, many of which are crossover names for multiple plants.  Learn the scientific binomial names of the plants you are intending to work with.  You expressly agree that We are not responsible for reactions to any plant or mushroom product (used in any manner) purchased from Us or elsewhere.  You also expressly agree that We will not be held liable for any and all possible consequences of incorrect plant or fungus identification.  It is your responsibility to verify such matters independently from primary sources of information and by taking specific professional advice. Harvest safely and responsibly. 

Children Under Thirteen
This website is intended for adult users who are at least 18yrs of age or older.  Persons under this age are not permitted to use or register.  By using the Website, you represent that you are at least 18 years of age or that you have parental consent. 

We DO NOT knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of eighteen (18), you must ask your parent or guardian for permission to use this application. Our Website is intended for use by adults. 

We DO NOT knowingly sell products to children under the age of eighteen (18).  We also DO NOT knowingly distribute such information to third parties OR publicly distribute identifiable contact information through the Website.  If it is determined that such information has been inadvertently collected on anyone under the age of 18, We shall delete that information from Our database immediately. 

Cancellation/Refund Policy
We offer a 30-day money-back guarantee on all our (regularly priced) current year products. We do not refund sale items or discounted prior year products.
Your item must be returned in its original, unused sealed packaging. Packaging that appears to be tampered with or is otherwise crushed will not be eligible for return. Perishable goods (syrups, flavored honey, oils and fresh herbs which include foliage or root material) and gift cards are not eligible for return. Due to the nature of our products, We cannot exchange items unless the original order was received defective or damaged. If you need to exchange an item that was damaged in shipment, please contact us at backcountryherbs@gmail.com to initiate the process.

Please refer to Our page marked “Purchases and Returns for additional information.

PLEASE CONTACT US TO INITIATE THE RETURN ON ANY PRODUCT.
*The item/s must be returned in the original, unused, and sealed packaging.
*Return postage is to be paid by the purchaser and will not be refunded.
*Shipping costs are not refundable.
*All returns must be submitted with a copy of the original receipt/proof of purchase.

Once We receive and inspect your return submission, We will notify you in an email stating that the return has been approved or rejected. If approved, you will receive an email regarding the refund status. Your refund will then be processed and a credit issued to your original method of payment within 3 business days (not including holidays). If the purchase was made in cash/check, you must be able to pick up the refund locally OR it will be applied as a credit on your account.

In the event that the refund goes missing or is unreasonably late, follow these steps:
*Check the date the refund was issued on.
*Check your bank or credit card account statement again.
*Contact your bank or Credit Card Company. There may be reasons they are delaying the posting of the refund.
*** Once you have gone through all these steps, and you still cannot track down your refund, please contact us at backcountryherbs@gmail.com.

Links to Third Party Sites/Third Party Services
The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Backcountry Herbs and therefore We are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Backcountry Herbs is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Backcountry Herbs of the site or any association with its operators.

Certain services made available via www.backcountryherbs.net are delivered by third-party sites and organizations. By using any product, service or functionality originating from the www.backcountryherbs.net domain, you hereby acknowledge and consent that Backcountry Herbs may share such information and data with any third party with whom Backcountry Herbs has a contractual relationship to provide the requested product, service or functionality on behalf of www.backcountryherbs.net users and customers.

No Unlawful or Prohibited Use
This Website is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPPA).  Federal Information Security Management Act, etc.).  If your interactions would be subjected to such law, you may not use this Website.  You also may not use this Website in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

The information provided on this Website is not intended for distribution to or to be used by any person/entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation or which would subject Us to any registration requirement within such jurisdiction or country.  Accordingly, those persons who choose to access this Website from other locations do so on their own initiative and are solely responsible for compliance within local laws as applicable. 

Intellectual Property
You are granted a non-exclusive, non-transferable, revocable, limited license to access and use www.backcountryherbs.net strictly in accordance with this TOS. As a condition of your use of the Site, you warrant that you will not use Our Website for any purpose that is unlawful or prohibited by this TOS. You may not use Our Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment thereof. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Website.

All content included as part of the Service, such as text, graphics, logos, photos/images, as well as the compilation thereof, and any software used on the Website, is the property of Backcountry Herbs 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. All Images & Content @Copyright 2021-2022 Backcountry Herbs & Ann Burks.  All Rights Reserved.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale/resale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website. Backcountry Herbs products are not intended 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.  Further, you will make no other use of the content without the express written permission of Backcountry Herbs 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, in whole or in part, express or implied, to the intellectual property of Backcountry Herbs or our licensors except as expressly authorized by these Terms.

International Users
The Website is controlled, operated and administered by Backcountry Herbs from our offices within the United States of America. If you access the Website from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Our content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.  Your continued use of this Website constitutes your express understanding and consent to have your data transferred to and processed in the United States.

Indemnification
You agree to indemnify, release, defend and hold harmless Backcountry Herbs, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any TOS or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Backcountry Herbs reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Backcountry Herbs in asserting any available defenses.

Arbitration
In the event, the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns 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 in regards 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 entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Backcountry Herbs agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Errors, Inaccuracies, Omissions and Availability
Our Website and its related Forum are continually under development.  Occasionally there may be information that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.  We make no warranty of any kind, implied or express as to its accuracy, completeness, or appropriateness for any purpose.  We reserve the right to correct, modify, update or remove any errors, inaccuracies, or omissions, and to change, update or discontinue products and/or information or cancel orders if any information on the Website or related Forum is inaccurate at any time, without prior notice (including after you have submitted your order).  You agree that We will not be held liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website, related Forum, or Shop products. 

We are under no obligation to update, amend or clarify information on the Website or related Forum, including without limitation, pricing information, except as required by law.  No specified update or refresh date applied on the Website or related Forum should be taken to indicate that ALL information on the Site or related Forum has been modified or updated. 

Additionally, We cannot guarantee that the Website or Forum will be available at all times.  We may experience software, hardware, host server, technological or mechanical issues related to the Website and Forum resulting in interruptions, delays or errors. 

Liability Disclaimer
THE INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE RESERVE THE RIGHT TO REVISE, UPDATE, MAKE IMPROVEMENTS AND/OR CHANGES, SUSPEND, DISCONTINUE OR OTHERWISE MODIFY THE WEBSITE AT ANY TIME. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE HAVE NO LIABILITY WHATSOEVER FOR ANY LOSS, DAMAGE OR INCONVENIENCE CAUSED BY YOUR INABILITY TO ACCESS THE WEBSITE OR SHOP PRODUCTS DURING ANY DOWNTIME OR UNAVAILABILITY OF THE WEBSITE OR FORUM.

BACKCOUNTRY HERBS MAKEs NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH AFOREMENTIONED ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BACKCOUNTRY HERBS 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 BACKCOUNTRY HERBS 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.

User Registration and Representation
This website is intended for adult users who are at least 18yrs of age or older.  Persons under this age are not permitted to use or register.  By using the Website, you represent that you are at least 18 years of age or that you have parental consent. 

By using this Website you warrant that all information you submit will be true, accurate, current and complete and that you will maintain this information with us in a current manner as necessary.  You also represent that you are not a minor in the jurisdiction where you reside and that you have the legal capacity to agree and comply with these Terms.  Furthermore, you agree to not use the Website or the products purchased from us for any illegal or unauthorized purpose that would otherwise violate any applicable law or regulation within State. 

You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death.  Upon receipt of a copy of a death certificate by your legal representative, your account may be terminated and all contents therein permanently deleted. 

If We have reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, We have the right to suspend or terminate your account and refuse any and all (current/future) use of the Website (in any portion).  Our use of any personally identifiable information you provide Us as part of your registration process is governed by the terms of our Privacy Policy. 

In the process of registration for use of the Website, you will be required to create a username and password.  You agree to keep your password confidential and that you will be responsible for all use of your account (by yourself or others) and the associated password.  You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account.  You agree to ensure that you will log off/exit from your account at the end of each session to further maintain your account security.  We cannot/will not be liable for any loss or damage arising from your own failure to protect your account.  We reserve the right to remove, reclaim, or change a username you select if We determine at our discretion, that such a username is inappropriate, obscene, or otherwise objectionable. 

Termination/Access Restriction/Survivorship
Backcountry Herbs reserves the right, in Our sole discretion, to refuse/deny service, deactivate, delete, restrict, suspend, cancel or terminate your accounts and use/access to the Website and the related Forum or any portion thereof at any time, for any reason, without notice or liability. ANY breach or violation of any of these Terms will result in an immediate termination of your account and use of Our Website, Products and Services. In the event of a cancellation or termination, you are no longer authorized to access the Website or the related Forum.  To the maximum extent permitted by law, this TOS is governed by the laws of the State of Idaho and you hereby consent to the exclusive jurisdiction and venue of courts in Idaho 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.

If We terminate or suspend your account for any reason, you are prohibited from registering or creating a new account under your name, a fake name, borrowed name or any other third party, even if you may be acting on behalf of the third party.  In addition to terminating or suspending your account, We reserve the right to take appropriate legal action, including without limitation, pursuing civil, criminal and injunctive redress.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Backcountry Herbs as a result of this TOS or use of the Website. Our performance of this TOS is subject to existing laws and legal process, and nothing contained within these Terms is in derogation of Our 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 Backcountry Herbs with respect to such use. If any part of these Terms 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 severable and superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall not affect the validity and enforcement of any remaining provisions.

Severability
Unless otherwise specified herein, this TOS constitutes the entire agreement between the user and Backcountry Herbs with respect to the Site and it supersedes all prior communications and proposals, whether electronic, oral or written, between the user and Backcountry Herbs with respect to the Site. A printed version of these TOS and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the TERMS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Changes to Terms
We reserve the right, at Our sole discretion, to change the TOS or to impose new conditions on the use of the Website as the need arises, in which case We will post the revision on the Website under the TOS tab. The most current version of the Terms will supersede all previous versions. We encourage you to periodically review the TOS to stay informed of our updates.  Continued use of the Website or Forum after any revisions, implies your express acceptance of the modified Terms.

Contact Us
Backcountry Herbs welcomes your questions or comments regarding these Terms of Service:

Backcountry Herbs
2885 W 17th S
Idaho Falls, Idaho 83402  

Email Address: backcountryherbs@gmail.com
Telephone number: 2083600958

Effective as of November 12, 2021