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Welcome to the Bowen Island Botanicals, Ltd. Web site (the 'Site'), and thank you for accessing our products and services. These Terms of Use govern your use of our Site:

Ownership
This Site is owned and operated by Bowen Island Botanicals, Ltd. ("BIB"). Any concerns or legal claims regarding this Site should be addressed to:

Bowen Island Botanicals Ltd.
3851 Edgemont Blvd.
North Vancouver, BC V7R 2P9
or via email to: Email: info@bowenislandbotanicals.com
or Telephone: 1-800-926-7690.


Except where otherwise indicated, the content featured or displayed on this Site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software, belong to BIB, its licensors and its content providers, and is protected by copyright, trade dress, moral rights, trademark and other laws relating to intellectual property rights, to the fullest extent applicable under the laws of Canada, the United States and other countries. Unauthorized use of the materials available on this Site could subject you to liability under copyright, trademark, trade dress, unfair competition, and other laws of Canada, the United States and applicable foreign laws.

License
BIB authorizes you to copy materials on this site to a hard drive for the purpose of viewing and using the Site on your computer. You may also print portions of the Site in hard copy for the sole purpose of facilitating your personal, noncommercial use and retention of information from the Site. You may not sell or modify the material or reproduce, republish, display, publicly perform, distribute, or otherwise use the material in any way for any public or commercial purpose unless expressly authorized in writing by BIB. Unauthorized use of this material on any other web site or in a networked computer environment for any purpose is prohibited.

Trademarks
BIB and Bowen Island Botanicals are trademarks of BIB, protected under the laws of Canada, the United States and other countries. Other parties' trademarks used, depicted or identified on this Site are the property of their respective owners. Use on this Site of the trademark(s) of any other party is not intended to imply BIB's affiliation with or endorsement of that party, or that party's sponsorship or endorsement of BIB, its products or services.

Links to Other Sites
This Site may contain links to web sites not operated or maintained by BIB. These links are provided solely as a convenience to you and not as an endorsement by BIB of the contents of such third party web sites. BIB is not responsible for the content of the web sites of others and makes no representation regarding the content or accuracy of materials on such web sites. If you decide to access linked third-party web sites, you do so at your own risk, and waive any and all claims against BIB regarding the inclusion of links to outside web sites or your use of those web sites. The third party web sites may contain User Agreements or Terms and Conditions to which you are subject while using those web sites. We encourage you to become familiar with the privacy policies of any linked web site when you access that site.

Representations as to Content
BIB uses reasonable efforts to ensure the accuracy, correctness and reliability of this Site'scontent, but we make no representations or warranties as to the accuracy, reliability, availability, completeness, or timeliness of any information or material on the Site. The use of the Site and the material is at your own risk. The materials on this Site are provided for promotional and informational purposes only, and are not intended for any other use, or as advertisements or endorsements of the products or services of any party other than BIB. The download speed and performance quality of the audio and video materials available on this Site are only as good as your installed modem and existing software permit. Changes are periodically made to the Site and may be made at any time.
The posting of job descriptions and informational materials about BIB employment does not constitute an offer of employment. The posting of information about investing in BIB does not constitute an offer to sell or a public offering subject to securities regulations.

Limitations on BIB's Liability
DISCLAIMERS OF WARRANTIES: BIB DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND/OR OTHER HARMFUL MATERIALS. IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, BIB IS NOT RESPONSIBLE FOR THOSE COSTS. THE SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. BIB, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. BIB MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, PRODUCTS, SERVICES, SOFTWARE TEXT, GRAPHICS, AND/OR LINKS.
DISCLAIMER OF CONSEQUENTIAL DAMAGES: EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER BIB NOR ITS DIRECTORS, EMPLOYEES, LICENSORS, CONTENT PROVIDERS, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, ARISING FROM THE USE OR PERFORMANCE OF THIS SITE OR FROM ANY INFORMATION, PRODUCTS OR SERVICES PROVIDED THROUGH THIS SITE, EVEN IF BIB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
REMEDY: IF YOU ARE DISSATISFIED WITH THIS SITE, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALLBE TO CEASE USING THE SITE.
Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions. BIB makes no representation of any kind with respect to the applicability and enforceability of laws or policies of countries other than Canada and the United States over the content of this Site and the provisions of these Terms of Use.

Software Licenses
Any software that may from time to time be made available for downloading from the Site is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software license agreement or designated "Legal Notice" accompanying such software. The downloading and use of such software is conditioned on your agreement to be bound by the terms of the License Agreement.

Governing Law
This Agreement shall be interpreted, construed and governed by the laws of the Province of British Columbia, (including the applicable federal laws of Canada), without reference to its laws relating to conflicts of law and not including the provisions of the United Nations Convention on Contracts for the International Sale of Goods. Each party consents and irrevocably attorns to the exclusive jurisdiction of the courts of the Province of British Columbia and agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, BIB shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of BIB, such action is necessary or desirable.

Enforcement
Should any clause of these Terms of Use be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. BIB's failure to expressly enforce any provision of these Terms of Use does not waive its rights to enforce that or any other provision.
Modification/Integration
We reserve the right to change these Terms of Use, and other information available on this Site, without notice. These conditions set out the entire agreement between BIB and you relating to your use of this Site.



TERMS AND CONDITIONS OF SALE
Last updated: February 1, 2005

THIS AGREEMENT GOVERNS YOUR PURCHASE OF PRODUCTS AND SERVICES FROM Bowen Island Botanicals, Ltd.("BIB").READ IT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. NO OTHER TERMS APPLY. BY PLACING AN ORDER TO PURCHASE PRODUCTS OR SERVICES YOU ARE AGREEING TO THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT PLACE YOUR ORDER. IF YOU HAVE PLACED AN ORDER AND DO NOT ACCEPT THESE TERMS, PLEASE CONTACT US IMMEDIATELY TO CANCEL YOUR ORDER AND, IF APPLICABLE, RETURN YOUR PURCHASE IN ACCORDANCE WITH OUR RETURN POLICY.

Definitions:
"Customer(s)" means any person or persons placing an order for BIB Products or Services.
"BIB" means Bowen Island Botanicals, Ltd.
"Order" means any order for Product(s) or Service(s) placed through any BIB sales or client services representative, agent or ordered online through any web site controlled, operated or hosted by BIB or any of its affiliates or business partners by or on behalf of a Customer.
"Product(s)" means any botanical ingredients or botanical products sold by BIB.
"Service(s)" means the formulation of unique botanical products not listed for sale on the Site.

No Amendments to Agreement:
These terms and conditions may NOT be altered, supplemented, or amended by the use of any additional document(s) that purport to be an agreement of the parties. Any attempt to supplement or amend this document or to enter an Order for Product(s) or Services which is subject to additional or altered terms and conditions shall be null and void.

Order Acceptance and Cancellation:
All Orders placed by Customers shall be subject to acceptance by BIB. Placement of an Order by a Customer does not constitute acceptance by BIB. Acceptance by BIB occurs when BIB issues an order confirmation to the Customer. BIB is not responsible for typographical or other errors, including pricing errors, and reserves the right to cancel any Orders resulting from such errors.

Warranties:
BIB will fully refund, or at Customer's option replace, any Product defective in materials or workmanship for a period of 30 days from the date of receipt. With respect to BIB's Products and Services, BIB makes no warranties except as stated herein. BIB's sole responsibility for any warranty claim is to replace the Product or Service or refund the Customer's purchase price as set forth in BIB's return policy. BIB EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WHETHER ARISING BY LAW, BY STATUTE, BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES AND CONDITIONS OF PERFORMANCE, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Disclaimer:
BIB's Privacy Policy, Ethics Statement and Disclaimer in effect from time to time govern all Products and Services provided by BIB under this Agreement. These policies and statements can be found at BIB's website or sent to you upon request to an BIB representative. The information provided by BIB is intended for your general knowledge only and is not a substitute for professional medical advice or treatment for specific medical conditions. Always seek the advice of your physician or other qualified health care provider before taking any BIB Products, or if you are pregnant or lactating or have any questions regarding a medical condition, including potential interactions or other possible complications. Never disregard medical advice or delay in seeking it because of something you have read on a BIB website or in its printed materials. The statements regarding BIB's Products and Services have not been evaluated by the Food and Drug Administration, Health Canada or any other regulatory agency. BIB's Products and Services are not intended to diagnose, treat, cure or prevent any disease .

Payment Methods:
BIB accepts MasterCard, Visa, and American Express credit cards for online Orders. If you wish to pay by cash or certified check, please contact BIB's Client Services at 1-800-305-1212.

Payment Terms for Orders:
BIB will pre-authorize credit cards upon the submission of an Order and will charge the pre-authorized credit card for the full amount of the purchase price, plus shipping and handling, upon Order acceptance. Taxes may be charged based on Customer's shipping address. BIB reserves the right to refuse an Order and/or reverse the pre-authorization of the purchase price if the particulars of the Order and payment requirements do not satisfy its purchase and delivery conditions. If a Customer cancels an order after order has been accepted by BIB, BIB reserves the right to charge a handling charge Payment terms are subject to change without notice at BIB's sole discretion.

Changes to Products and Services:
BIB reserves the right to revise, update and/or discontinue its Products and Services at any time without notice. BIB will use all reasonable efforts to supply Products and Services that have the functional equivalence of those ordered by the Customer, but changes between what is shipped or supplied and what is described on its web site or advertised in any other medium may occur.

Return Policy:
BIB Labelled Finished Goods Product(s) ordered by or on behalf of Customers may be returned, undamaged and with the original packaging, for a full refund less handling charges (refund based on the original payment method) within 30 days of the date of receipt. All returns of BIB labelled finished goods must accompanied by a Return Authorization number and be post-marked within 5 days of issue of such number). Shipping and handling charges are non-refundable. For more details on BIB's return policy, click here.
To ship BIB labeled finished goods Product back to BIB for return, you must first obtain a Return Authorization number (RA#) from BIB's Client Services Department at 1-800-305-1212. Products must be returned in their complete original packaging and the RA# must be noted on the outside of the returned Product's packaging or other outer container. RA#s are only valid for 15 days from date of issue. Customer shall be responsible for and prepay all shipping charges and shall assume all risk of loss or damage to Product while in transit to BIB. If Customer returns Product to BIB (i) without a valid RA# from BIB, or (ii) after the return period, or (iii) without proper packaging, BIB retains the right to either refuse acceptance of such return or charge Customer damage or restocking fees. Customer hereby irrevocably authorizes BIB to charge such fees to the Customer's credit card.
Note: Sales of all BIB bulk ingredients and private label finished goods are final and are not subject to any returns or exchanges by BIB.

Shipping and Handling/Risk of Loss/Title:
BIB does not guarantee the shipment of its Products or Services outside of the United States and Canada. Shipment to any other locations are at the risk of the Customer. Orders are generally shipped within 14 days after Order date and Customers should allow 5-7 days for delivery inside the United States and Canada. These shipping guidelines are for general reference only and do not indicate a guarantee of service. Processing times may vary. Product prices posted on this site do not include shipping and handling. BIB will use its discretion in selecting a reputable carrier and appropriate means of shipment. BIB is not responsible for any Products or Services lost or damaged in transit. Risk of loss and title to Product(s) passes from BIB to Customer upon our delivery to the carrier. Product damage or non-delivery may be reported to BIB's Client Services Department at 1-800-305-1212.

International Shipments:
Customers located outside of the United States and Canada ("International Customers") agree not to order any Products or Services that are illegal to import into their country. International Customers are responsible for compliance with their local laws and checking with their local customs offices to determine if the Products or Services can be lawfully imported. If a shipment is seized by an international customs office for any reason and not returned to BIB, BIB will not issue any refunds. If a shipment is rejected by international customs and returned to BIB, BIB will only refund the purchase price (excluding shipping and handling charges) if the Products are received by BIB in their original packaging and condition.

Limitation of Liability:
BIB'S AGGREGATE LIABILITY SHALL BE LIMITED TO THE PRICE PAID FOR PRODUCTS AND SERVICES. IN NO EVENT SHALL BIB BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THIS SALE, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY PRODUCTS OR SERVICES SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BIB SHALL HAVE NO LIABILITY FOR ANY INDIRECT OR PUNITIVE DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
BIB SHALL HAVE NO LIABILITY WHATSOEVER TO ANY CUSTOMER (OR ANY REPRESENTATIVE, AGENT OR HEALTHCAREPROFESSIONAL THEREOF) WHO USES BIB PRODUCTS IN COMBINATION OR BLENDED WITH OTHER PRODUCTS. ALL SUCH COMBINATIONS ARE BASED ON THE CUSTOMER'S SPECIFIC INSTRUCTIONS AND BIB ASSUMES NO RESPONSIBILITY WHATSOEVER WITH RESPECT TO SUCH USE, (INCLUDING PERFORMANCE, RESULTS OR ANY POTENTIAL COMPLICATIONS, INTERACTIONS OR SIDE EFFECTS), OTHER THAN TO TEST THE BIB PRODUCTS DURING THE MANUFACTURING PROCESS FOR THE DESIRED QUALITY AND QUANTITY AS ORDERED BY THE CUSTOMER.

Taxes:
Prices may not include any applicable federal, state, provincial or municipal sales, value-added or similar taxes. Customer shall pay all such taxes. BIB is unable to process tax-exempt sales on this site. Any customer entitled to a tax exemption must contact BIB's Client Services Department at 1-800-305-1212 for personalized customer service.

Governing Law:
This Agreement shall be governed and construed in accordance with the laws of the Province of British Columbia (including the applicable federal laws of Canada), without giving any effect to any principles of the conflict of laws or the United Nations Convention on Contracts for the International Sale of Goods. Customer consents and irrevocably attorns to the exclusive jurisdiction of the courts of Province of British Columbia.
Notice:
Any notice under this Agreement shall be in writing and may be given by personal delivery, registered mail, email or by fax, addressed to such party's regular postal address, email address or fax number or such other postal address, email address or fax number as communicated by one party to the other from time to time. Any notice shall be conclusively deemed to be received, if given by personal delivery, on the date of actual delivery thereof and, if given by registered mail, on the fifth day following the date of mailing and, if given by email, on the date that the receiving party acknowledges receipt by email reply to the same email address from where the notice originated and, if given by fax, on the first business day following the transmittal thereof. If the party giving any notice knows or ought reasonably to know of any actual or threatened interruptions of the mails, such notice shall not be sent by mail but shall only be given by personal delivery, email or fax.

Headings:
The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived from them.

Enurement:
This Agreement shall be binding upon and enure to the benefit of both parties and their respective heirs, executors, administrators, successors and assigns.

Force Majeure:
BIB shall not be liable for any delay or failure in performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, terrorist acts, equipment failures or any other causes beyond the control of BIB. Quantities are subject to availability. In the event of product shortage, BIB may allocate sales and deliveries in its sole discretion.

Waiver/Invalidity:
Failure of BIB to insist upon strict performance of any provisions hereof shall not be deemed awaiver of its right and remedies. If any provision of this Agreement is deemed by a court to 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.

Entire Agreement:
This Agreement sets forth the entire agreement between the parties relating to the supply of the Products and Services and supersedes any prior or simultaneous communications, representations or agreements with respect hereto, whether oral or written.

Online Customers:
The parties hereby agree that they may do business electronically, including contract formation, order placement and acceptance. Any orders placed by or on behalf of a Customer and accepted by BIB through any website controlled, operated or hosted by BIB will create fully enforceable obligations that will be subject to the terms hereof. All bowenislandbotanicals.com web sites are created and controlled by BIB in the Province of British Columbia, Canada. As such, as described above, the laws of the Province of British Columbia (including the applicable federal laws of Canada) apply to this Agreement, without giving any effect to any principles of the conflict of laws or the United Nations Convention on Contracts for the International Sale of Goods.