Terms of service
TERMS OF USE AND CONDITIONS OF SALE
OVERVIEW
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF SALE (“TERMS” OR “AGREEMENT”) BEFORE ACCESSING, USING, OR PLACING AN ORDER THROUGH OUR WEBSITE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (SEE SECTIONS 16 AND 17). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
Your use of atheraorganics.com, including any sub-domains thereof, affiliated websites, and mobile applications (collectively, the “Website”), which are owned and maintained by Athera Organics (“we,” “our,” “us”), is governed by the policies, terms, and conditions set forth below. Please read them carefully. We offer the Website, including all information, tools, products, and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing, using, or placing an order over the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 18 OR IF YOU OPT OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 18 BELOW WHICH DESCRIBE YOUR RIGHT TO OPT OUT.
You can review the most current version of the Terms at any time on this page (https://atheraorganics.com/policies/terms-of-service). We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.
TABLE OF CONTENTS
1. WEBSITE USE
2. PRIVACY & SECURITY DISCLOSURE
3. GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS
4. PRODUCTS SOLD FOR PERSONAL USE ONLY
5. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
6. MODIFICATIONS TO THE WEBSITE AND PRICES
7. PAYMENT
8. ORDER PLACEMENT AND ACCEPTANCE
9. SUBSCRIPTIONS
10. SHIPPING
11. DELIVERY CONFIRMATION
12. RETURNS, REFUNDS & MONEY-BACK GUARANTEE
13. HEALTH & SUPPLEMENT DISCLAIMER
14. SOCIAL MEDIA
15. COOKIES & TRACKING TECHNOLOGIES
16. DISCLAIMER OF WARRANTIES
17. DISCLAIMER OF LIABILITIES
18. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
19. GOVERNING LAW
20. INDEMNIFICATION
21. THIRD-PARTY WEBSITES AND LINKS
22. TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS
23. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
24. ELECTRONIC COMMUNICATIONS
25. ASSIGNMENT
26. NO WAIVER
27. SEVERABILITY
28. TERMINATION
29. ENTIRE AGREEMENT
30. QUESTIONS OR ADDITIONAL INFORMATION
TERMS OF SALE
1. WEBSITE USE
By using the Website and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and in any event at least eighteen (18) years of age. If you use the Website, you affirm that you have the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms.
2. PRIVACY & SECURITY DISCLOSURE
Our Privacy Policy may be viewed at https://atheraorganics.com/policies/privacy-policy. The Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms.
3. GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Website or any material on it.
You agree not to use or attempt to use the Website or any products or services in any unlawful manner or for any unlawful purpose. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing abusive, vulgar, obscene, or defamatory material; (3) soliciting others to perform or participate in any unlawful acts; (4) violating any international, federal, provincial or state regulations, rules, laws, or local ordinances; (5) infringing upon or violating our intellectual property rights or the intellectual property rights of others; (6) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (7) submitting false or misleading information; (8) uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website; (9) collecting or tracking the personal information of others; (10) interfering with or circumventing the security features of the Website; or (11) any other unlawful act.
Athera Organics reserves the right to terminate your access to the Website or any of its services if it determines that you (1) do not comply with these Terms of Sale; (2) provide false, inaccurate, or incomplete information during our registration process; (3) engage in any conduct that would otherwise harm any of Athera Organics’ rights or interests in its Website, services, or other property; or (4) for any or no reason whatsoever without prior notice to you. Athera Organics may take any other actions necessary in this regard or seek any remedies permitted by law.
4. PRODUCTS SOLD FOR PERSONAL USE ONLY
You agree that any products or services you purchase from Athera Organics on or through the Website will be used for your personal, non-commercial use. You agree that you will not resell, redistribute, modify, or export any product that you order from the Website. Resale of our products outside of authorized channels can result in the product becoming materially different, which may affect safety, efficacy, or the ability to honor warranties or guarantees. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
5. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
While we endeavor to provide accurate and current information on our Website, there may be information on our Website that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We have made every effort to display as accurately as possible the colors and images of our products that appear on the Website. We cannot guarantee that your computer monitor’s display of any color will be accurate.
This Website may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
6. MODIFICATIONS TO THE WEBSITE AND PRICES
We reserve the right to modify or discontinue access to the Website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of access to the Website. Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to refund, return, or exchange only according to our Shipping and Refund policies as set herein, at the time of checkout, or in your order confirmation.
All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Any offer for any product or service made on this Website is void where prohibited.
7. PAYMENT
All charges are in U.S. Dollars.
By submitting payment information to us, you represent and agree that: (i) you are fully authorized to use that card or account; (ii) all payment information provided is complete and accurate; (iii) you will be responsible for any payment card fees; and (iv) sufficient funds exist to pay us the amount(s) due.
We and our third-party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly. Your credit card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt out of your credit card’s updating service, you should contact your credit card issuer.
We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.
8. ORDER PLACEMENT AND ACCEPTANCE
Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. We reserve the right to accept or deny shipment to anyone for any reason. In the event we deny your order, you will receive a refund to your original form of payment. You understand and agree that we will not be liable for any losses or damages that may result from our refusal to provide you any product or service. We reserve the right to require additional information before processing any order.
9. SUBSCRIPTIONS
Auto-Renewal
Certain products on the Website may be offered on a subscription basis (“Subscription”). By enrolling in a Subscription, you authorize Athera Organics to automatically charge your designated payment method on a recurring basis at the interval you selected at checkout (e.g., every 30, 60, or 90 days) until you cancel. Each recurring charge will be at the then-current Subscription price, which may differ from promotional pricing offered at initial enrollment.
Subscription Pricing
Subscription pricing may change from time to time. We will provide you with reasonable advance notice (at least fifteen (15) days) of any price increase via email before your next billing cycle. Your continued Subscription after the price change takes effect constitutes acceptance of the new price. If you do not agree to the price change, you may cancel your Subscription before the next billing date.
How to Cancel
You may cancel your Subscription at any time through any of the following methods: (a) by logging into your account and navigating to “Manage Subscription”; (b) by emailing Customer Support at hi@atheraorganics.com; or (c) by calling us at +1 (607) 900-3885 during business hours (Monday–Friday, 9 AM–5 PM EST). Cancellations must be received at least forty-eight (48) hours before your next scheduled billing date to avoid being charged for the upcoming cycle. If your cancellation is received after this window, the charge for the current cycle is nonrefundable, but no further charges will be made.
Skipping, Pausing & Modifying
You may skip a shipment, pause your Subscription, or change your delivery frequency at any time through your account portal or by contacting Customer Support. Changes must be made at least forty-eight (48) hours before the next scheduled billing date to take effect for that cycle.
Refunds for Subscription Orders
Your first Subscription shipment is covered by the 90-Day Money-Back Guarantee described in Section 12. Subsequent Subscription shipments are nonrefundable once shipped, unless the product arrives damaged, defective, or incorrect. If you wish to discontinue, please cancel your Subscription before the next billing date.
Failed Payments
If your payment method is declined for a recurring charge, we may attempt to process the charge again within the following seven (7) days. If payment cannot be successfully processed after reasonable attempts, your Subscription may be paused or cancelled. We are not responsible for any fees charged by your bank or payment provider as a result of failed or re-attempted transactions.
10. SHIPPING
Domestic Shipping
Athera Organics ships to addresses located in the United States. Delivery times for orders vary based on location and may be affected by factors outside of our control. Please visit the Shipping Policy on our Website for additional terms that may apply to your order.
Accurate shipping address and phone number are required. We are not responsible for late shipments or missing shipments if you enter incorrect shipping address information. If you discover that you have made a mistake with your order after it has been submitted, please contact Customer Support by email at hi@atheraorganics.com immediately, or by filling out the web form on our Website. You must contact us as soon as possible in order to modify or cancel your pending order. However, we frequently ship the same day that you order, so we cannot guarantee that we will be able to amend your order in accordance with your instructions.
International Shipping
Athera Organics ships to select international destinations. Delivery times for international orders vary based on destination, carrier, and customs processing times, and may be affected by factors outside of our control.
Customs Duties, Taxes & Import Fees
International orders may be subject to customs duties, import taxes, value-added tax (VAT), and other fees imposed by the destination country. These charges are the sole responsibility of the customer and are not included in our product prices or shipping fees. Athera Organics has no control over these charges and cannot predict their amount. We recommend contacting your local customs office for information on applicable fees before placing an order.
Refused Shipments
If an international shipment is refused or returned to us due to unpaid customs duties or import fees, you will be responsible for all return shipping costs. Any refund issued will be reduced by the original shipping cost and any additional return shipping or handling fees incurred.
International Returns
For international returns under the 90-Day Money-Back Guarantee, return shipping costs are the responsibility of the customer. We recommend using a trackable shipping service, as we cannot be held responsible for items lost in transit. Refunds for international orders will be issued in U.S. Dollars to the original payment method, and any currency conversion fees charged by your bank are your responsibility.
Compliance with Local Laws
It is your responsibility to ensure that the products you order comply with the laws and regulations of your destination country. Athera Organics makes no representation that products available on the Website are appropriate or available for use in all locations. Ordering products from the Website for delivery to a country where such products may be restricted or prohibited is done at your own risk.
11. DELIVERY CONFIRMATION
Because many instances may occur at your delivery address that are beyond our control, you agree that any delivery confirmation provided by the carrier is sufficient proof of delivery, even without a signature.
12. RETURNS, REFUNDS & MONEY-BACK GUARANTEE
Athera Organics wants you to be completely satisfied with your purchase, so we’ve made returning or exchanging products simple. If you receive the wrong item or if it arrives damaged or defective, please visit the Refund Policy on our Website for details on how to return or exchange a product or request a refund.
90-Day Money-Back Guarantee
All Athera Organics products purchased directly through the Website are covered by our 90-Day Money-Back Guarantee (the “Guarantee”). If you are not completely satisfied with your purchase for any reason, you may request a full refund of the product purchase price within ninety (90) calendar days from the date of order fulfillment.
How to Request a Refund
To initiate a return under this Guarantee, contact Customer Support at hi@atheraorganics.com within the 90-day period. You must provide your order number and reason for the return. We may require you to return the product (including partially used products) at your expense before processing a refund.
Refund Processing
Once your return is received and inspected, we will process your refund to your original payment method. Please allow up to ten (10) business days for processing after receipt, plus an additional ten (10) business days for the refund to appear on your statement, depending on your financial institution.
Exclusions
The following are excluded from the 90-Day Money-Back Guarantee and are nonrefundable: (1) items marked “final sale” or “nonreturnable”; (2) shipping fees, including expedited shipping fees; (3) package loss warranty fees; (4) priority order processing fees; (5) gift cards or orders placed using gift cards; and (6) subscription orders beyond the first shipment (see Section 9).
Abuse Prevention
We reserve the right to limit or deny refund requests that we reasonably determine to be fraudulent, excessive, or abusive. Repeated refund requests from the same customer may result in account suspension or termination.
We are not responsible for lost or stolen items. We recommend sending all returned items using some type of delivery confirmation system to ensure proper delivery. For any questions about our refund policy, please contact us.
13. HEALTH & SUPPLEMENT DISCLAIMER
IMPORTANT: PLEASE READ THIS SECTION CAREFULLY BEFORE PURCHASING OR USING ANY ATHERA ORGANICS PRODUCT.
Not Medical Advice
The information provided on the Website, including but not limited to product descriptions, ingredient information, dosage recommendations, testimonials, and educational content, is for general informational purposes only and is not intended as medical advice, diagnosis, or treatment. The content on this Website is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition.
FDA Disclaimer
The products sold on this Website are dietary supplements. These statements have not been evaluated by the U.S. Food and Drug Administration (FDA), the UK Medicines and Healthcare products Regulatory Agency (MHRA), or any other governmental regulatory body. Our products are not intended to diagnose, treat, cure, or prevent any disease.
Assumption of Risk
By purchasing and using any product from Athera Organics, you acknowledge and agree that: (a) you have consulted with a qualified healthcare professional before using any dietary supplement, particularly if you are pregnant, nursing, taking medications, or have a pre-existing medical condition; (b) you have reviewed the ingredient list and allergen information for any product before use; (c) you assume all risks associated with the use of any product purchased from the Website; and (d) individual results may vary, and Athera Organics makes no guarantees regarding the specific results you may experience.
Allergen Notice
Certain products sold on this Website contain or are derived from seeds, nuts, or other potential allergens. It is your sole responsibility to review all product labels and allergen information before purchase and use. Athera Organics shall not be liable for any allergic reaction or adverse effect resulting from the use of products where allergen information was disclosed on the product label or Website. Specifically, our Sacha Inchi Oil products are derived from Sacha Inchi seeds and are not recommended for individuals with nut or seed allergies.
Interactions with Medications
Dietary supplements may interact with prescription or over-the-counter medications. If you are currently taking any medications, consult your healthcare provider before using our products. Athera Organics is not responsible for any adverse interactions between our products and any medications you may be taking.
No Liability for Misuse
Athera Organics shall not be liable for any harm, injury, or adverse effect arising from the misuse of any product, including but not limited to: exceeding recommended dosage, use by individuals with known contraindications, or failure to consult a healthcare professional when advised to do so.
14. SOCIAL MEDIA
This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, YouTube, Pinterest, Twitter, LinkedIn, or any other external third-party social media platforms we may use (“Social Media Presence”).
The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of Athera Organics, and we have no obligation to monitor or remove user comments. If you see an offensive or inappropriate post or comment on our Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.
15. COOKIES & TRACKING TECHNOLOGIES
Use of Cookies and Tracking Technologies
The Website uses cookies, pixels, tags, and similar tracking technologies (“Tracking Technologies”) to enhance your experience, analyze Website usage, and support our marketing efforts. By using the Website, you acknowledge and consent to our use of Tracking Technologies as described herein and in our Privacy Policy.
Types of Tracking Technologies
We use the following categories of Tracking Technologies:
(a) Essential Cookies: Required for the Website to function properly, including session management, shopping cart functionality, and security features. These cannot be disabled.
(b) Analytics Cookies: Help us understand how visitors interact with the Website by collecting and reporting information anonymously. This may include tools such as Google Analytics.
(c) Marketing Cookies: Used to track visitors across websites to display relevant advertisements. This may include Meta (Facebook) Pixel, Klaviyo tracking, and similar technologies.
(d) Functional Cookies: Enable enhanced functionality and personalization, such as remembering your preferences and login information.
Managing Your Preferences
You may manage your cookie preferences through your browser settings or through any cookie consent mechanism provided on the Website. Please note that disabling certain cookies may affect the functionality of the Website. For more information about how we collect and use your data, please review our Privacy Policy.
International Users
If you are accessing the Website from the European Economic Area, the United Kingdom, or any other jurisdiction that requires affirmative consent for non-essential cookies, we will obtain your consent before placing non-essential Tracking Technologies on your device.
16. DISCLAIMER OF WARRANTIES
EXCEPT WHERE PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS PROVIDED ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) OUR PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, SUBJECT TO THE LIMITATIONS SET FORTH IN ANY GUARANTEE PUBLISHED ON THE WEBSITE; OR (B) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
17. DISCLAIMER OF LIABILITIES
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL ATHERA ORGANICS OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT, REGARDLESS OF WHETHER ATHERA ORGANICS HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, PERSONAL INJURY, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, ATHERA ORGANICS IS FOUND LIABLE UNDER ANY THEORY, ATHERA ORGANICS’ LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER ATHERA ORGANICS WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
Allergen & Product Safety Liability
IN ADDITION TO THE GENERAL LIMITATION OF LIABILITY SET FORTH ABOVE, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE TO THE FOLLOWING:
By purchasing and consuming any Athera Organics product, you represent that you have reviewed all product labels, ingredient lists, and allergen warnings provided on the Website and product packaging before use. You further represent that you have no known allergy or sensitivity to any ingredient listed, or that you have obtained clearance from a qualified healthcare professional to use the product notwithstanding any such allergy or sensitivity.
Athera Organics shall not be liable for any allergic reaction, adverse effect, injury, or harm arising from: (a) your failure to review ingredient and allergen information provided on the Website or product packaging; (b) your use of a product despite a known allergy or sensitivity to one or more listed ingredients; (c) your failure to consult a healthcare professional before use when advised to do so; or (d) your use of the product in a manner inconsistent with the recommended dosage or usage instructions.
You agree that the allergen and ingredient disclosures provided on the Website and product packaging constitute adequate notice of potential allergens, and that your decision to purchase and use the product after reviewing such disclosures is made at your own risk.
18. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS PROVISION CAREFULLY; IT REQUIRES YOU TO ARBITRATE ANY DISPUTE OR CLAIM BETWEEN YOU AND ATHERA ORGANICS ON AN INDIVIDUAL BASIS.
YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING FROM OR RELATING TO THIS ARBITRATION PROVISION, ATHERA ORGANICS’ PRIVACY POLICY OR TERMS OF SALE, ATHERA ORGANICS’ ADVERTISING OR MARKETING PRACTICES, OR ATHERA ORGANICS’ PRODUCTS OR SERVICES SHALL BE SUBMITTED TO BINDING, FINAL, AND CONFIDENTIAL ARBITRATION BEFORE A SINGLE ARBITRATOR ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS CONSUMER ARBITRATION RULES OR, FOR INTERNATIONAL ARBITRATION, A SINGLE ARBITRATOR OF THE INTERNATIONAL CENTER FOR DISPUTE RESOLUTION (“ICDR”). THIS ARBITRATION PROVISION SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”), 9 U.S.C. §§ 1–16, AS AMENDED OR, FOR INTERNATIONAL ARBITRATION, THE UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW (“UNCITRAL”), AND THE ARBITRATOR SHALL BE BOUND BY THE TERMS OF THIS ARBITRATION PROVISION. THE ARBITRATOR SHALL HAVE THE EXCLUSIVE AND SOLE AUTHORITY FOR DETERMINING WHETHER A DISPUTE OR CLAIM IS ARBITRABLE. THE ARBITRATOR SHALL FOLLOW APPLICABLE SUBSTANTIVE LAW TO THE EXTENT CONSISTENT WITH THE FAA OR UNCITRAL, AND SHALL BE AUTHORIZED TO AWARD ALL REMEDIES AVAILABLE IN AN INDIVIDUAL LAWSUIT UNDER SUBSTANTIVE LAW, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, STATUTORY AND PUNITIVE DAMAGES, DECLARATIVE, INJUNCTIVE AND OTHER EQUITABLE RELIEF, INCLUDING PUBLIC INJUNCTIVE RELIEF, AND ATTORNEYS’ FEES AND COSTS WHERE AVAILABLE UNDER APPLICABLE SUBSTANTIVE LAW. THE ARBITRATOR MAY ONLY RESOLVE DISPUTES OR CLAIMS BETWEEN YOU AND ATHERA ORGANICS AND MAY NOT CONSOLIDATE CLAIMS OR PROCEEDINGS WITHOUT ATHERA ORGANICS’ CONSENT. THE ARBITRATOR MAY NOT HEAR CLASS OR REPRESENTATIVE CLAIMS OR REQUESTS FOR RELIEF ON BEHALF OF OTHER INDIVIDUALS. IF A COURT OR ARBITRATOR DECIDES THAT ANY PART OF THIS AGREEMENT TO ARBITRATE CANNOT BE ENFORCED AS TO A PARTICULAR CLAIM FOR RELIEF OR REMEDY, THEN THAT CLAIM OR REMEDY (AND ONLY THAT CLAIM OR REMEDY) MUST BE BROUGHT IN COURT AND ANY OTHER CLAIMS MUST BE ARBITRATED.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU AGREE THAT ATHERA ORGANICS HAS THE RIGHT TO BRING A CLAIM AGAINST YOU IN THE COURTS OF THE GOVERNING JURISDICTION SET FORTH IN SECTION 19 OR YOUR STATE OR PROVINCE OF RESIDENCE FOR INJUNCTIVE RELIEF, EQUITABLE RELIEF, OR OTHERWISE ARISING FROM ANY POTENTIAL OR ACTUAL MISAPPROPRIATION OR INFRINGEMENT OF ATHERA ORGANICS’ INTELLECTUAL PROPERTY RIGHTS AND YOU AGREE THAT VENUE IS PROPER AND THAT YOU ARE SUBJECT TO PERSONAL JURISDICTION IN SUCH FORUM.
UNLESS YOU TIMELY OPT OUT, YOU WILL NOT HAVE THE RIGHT TO: (A) HAVE A COURT OR JURY DECIDE YOUR DISPUTE OR CLAIM; (B) OBTAIN INFORMATION PRIOR TO THE HEARING TO THE SAME EXTENT THAT YOU WOULD HAVE IN COURT; (C) PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR CLASS OPPONENT; (D) ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; OR (E) JOIN OR CONSOLIDATE YOUR DISPUTE OR CLAIM WITH THE DISPUTE OR CLAIM OF ANY OTHER PERSON. OTHER RIGHTS THAT YOU WOULD HAVE HAD IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE THAT YOU PURCHASED A PRODUCT OR SERVICE THROUGH ATHERA ORGANICS’ WEBSITE BY SENDING AN EMAIL TO HI@ATHERAORGANICS.COM, STATING YOUR NAME, THE PRODUCT YOU PURCHASED, AND YOUR INTENT TO OPT OUT OF ARBITRATION.
19. GOVERNING LAW
These Terms and any disputes arising out of or related to these Terms, the Website, or any products or services offered by Athera Organics shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law principles. To the extent any dispute is permitted to be brought in court (as set forth in Section 18), you agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Sheridan County, Wyoming, for the resolution of such disputes.
Note: If Athera Organics is incorporated in Switzerland rather than Wyoming, replace the above with the applicable Swiss jurisdiction. Ensure consistency with Section 18 (Dispute Resolution).
20. INDEMNIFICATION
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Athera Organics, its parent, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third party.
21. THIRD-PARTY WEBSITES AND LINKS
Our Website may include materials from third parties or links to third-party websites. We are not liable for any third-party materials or websites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third party.
22. TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS
Athera Organics is pleased to hear from users and customers and welcomes your comments regarding our services and products. You agree that anything you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and non-proprietary, and that we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form. You agree that any Submission that you provide us is true and accurate in all respects and does not infringe or interfere with the intellectual property rights of any third party. You agree that Athera Organics may use a Submission, in whole or in part, together with the name of the person submitting it. You agree that Submissions, including testimonials, may be used for any form of advertising relating to Athera Organics’ products or services, in printed and online media, as Athera Organics determines in its absolute discretion. Individual results may vary. These testimonials do not represent typical results or the generally expected user experience.
23. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE; INTELLECTUAL PROPERTY RIGHTS
DMCA Notice
This Website maintains specific contact information, including an email address, for notifications of claimed infringement regarding materials posted to this Website. All notices should be addressed to:
Notification of Claimed Infringement:
Athera Organics
Attn: DMCA/Copyright Agent
Email: hi@atheraorganics.com
You may contact our agent for notice of claimed infringement with complaints regarding allegedly infringing posted material, and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) a description of the copyrighted work that is the subject of claimed infringement; (ii) a description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) your contact information, including your address, telephone number, and/or email address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, its agent, or by law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf.
Send all notices to: hi@atheraorganics.com
Intellectual Property Rights, License
The audio and video materials, images, photographs, articles, opinions, and other text, graphics, illustrations, logos, depictions, layouts, compilations, designs, interfaces, digital downloads, software, data compilations, and other content associated with the Website (the “Content”) are owned or licensed by and to Athera Organics or other authorized third parties and are protected by intellectual property, copyright, trademark, trade dress, and other laws in the U.S. and in other countries. You must comply with all such laws and applicable copyright, trademark, or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and Athera Organics, we will retain all right, title, and interest in and to the Website and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as expressly set forth in these Terms of Sale or expressly granted to you in writing by Athera Organics, no rights are granted to you. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Website. The compilation of the Content on the Website is the exclusive property of Athera Organics.
You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with these Terms of Sale and may not build a business or other enterprise utilizing any of the Content, whether for profit or not. Except as provided in these Terms of Sale or otherwise expressly authorized by us in writing, you may not (either directly or through the use of any software, device, internet site, web-based service, or other means) download, stream capture, store in a database, archive, or otherwise copy any part of the Website or Content; upload, sell, rent, lease, lend, broadcast, transmit, or otherwise disseminate, distribute, display, or perform any part of the Website or Content; license or sublicense any part of the Website or Content; or in any way exploit any part of the Website or Content. In addition, except as provided in these Terms of Sale or otherwise expressly authorized by us in writing, you are strictly prohibited from modifying Content; creating, distributing, or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that are derived from or based in any way on the Content. This prohibition on creating derivative works applies even if you intend to give away the derivative material free of charge.
Copyright
The copyright in all materials provided on the Website is owned by Athera Organics or its affiliate(s). Except as stated herein, none of the material contained in the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written consent of Athera Organics. Permission is hereby granted to view, copy, print, and download the materials on the Website for personal, noncommercial use only, provided such materials are used solely for informational purposes, and all copies, or portions thereof, include this copyright notice. Athera Organics may revoke any of the foregoing rights at any time. You may not, without Athera Organics’ prior written consent, “mirror” any material contained on the Website on any other server. Upon termination of any rights extended hereunder, you must immediately destroy any downloaded and printed materials obtained from the Website. Any unauthorized use of any material contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Trademarks
The trademarks, service marks, and logos (“Trademarks”) used and displayed on the Website are registered or unregistered Trademarks of Athera Organics. Nothing on the Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the prior written consent of the Trademark owner. The name Athera Organics or any Trademark may not be used in any way, including in any advertising or publicity pertaining to distribution of materials on the Website, without the prior written consent of Athera Organics. Athera Organics prohibits the use of any Athera Organics logo and Trademark as a “hot” link to any website unless the establishment of such link is approved in advance by Athera Organics in writing.
24. ELECTRONIC COMMUNICATIONS
You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
25. ASSIGNMENT
You may not assign any of your rights under these Terms, and any such attempt will be null and void. Athera Organics and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of Athera Organics’ business is transferred to another entity by way of merger, sale of its assets, or otherwise.
26. NO WAIVER
No waiver by Athera Organics of any term or condition set forth in these Terms 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 by Athera Organics to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
27. SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
28. TERMINATION
In the event that we terminate this Agreement, Sections 2–5, 13–20, 22–29, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.
29. ENTIRE AGREEMENT
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and Athera Organics and supersede and replace any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
30. QUESTIONS OR ADDITIONAL INFORMATION
Please contact Customer Support if you have any questions concerning your purchase. Additional information can be located on our Website.
Athera Organics
Email: hi@atheraorganics.com
Phone: +1 (607) 900-3885
Address: 75 E 3rd St, Sheridan, WY 82801, United States