LAST UPDATED: March 29, 2023
 

By using this website, you agree to the following Disclaimer, Terms of Service ("Terms"), Privacy Policy, Cookie Policy, and other notices and conditions (collectively, this "Agreement") that constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Midnight Light Botanics ("Company," “we," “us," or “our”), concerning your access to and use of the www.midnightlightbotanics.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by this Agreement. If you don’t agree, do not use our website. Please read them carefully! 

References to “Company”, “Midnight Light”, “us”, “we” and “our” mean Midnight Light Botanics.

This Agreement is subject to change at any time. We will alert you about any changes by updating the “Last updated” date of this Agreement, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable parts of the Agreement every time you use our Site so that you understand which parts of the Agreement apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any part of the revised Agreement by your continued use of the Site after the date such revised Agreement is posted.

+ DISCLAIMER

Our website and related materials is provided for informational and educational use only. You agree to indemnify and hold harmless our website and company for any direct or indirect loss or conduct incurred as a result of your use of our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).

While we may reference certain results, outcomes or situations on this website, you understand and acknowledge that we make no guarantee as to the accuracy of third party statements contained herein or the likelihood of success for you as a result of these statements. Thus, any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider or party in question. If you have a medical, legal or financial question(s), you should consult a medical professional, lawyer or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this website, related materials, products, courses or the materials contained herein.

This website also utilizes affiliate links to sell certain products or services. We only participate in affiliate programs if we genuinely believe in the product/service. These links provide a way for Midnight Light Botanics to make a small commission if you purchase a product or service through one of these links. We disclaim any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these terms and conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.

This website is updated on a regular basis and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up to date. You expressly acknowledge and understand that any information or knowledge you gain as a result of using this website is used at your own risk. If you should see any errors or omissions and would like to let us know, please email info@midnightlightbotanics.com.

+ TERMS OF SERVICE

These Terms of Service ("Terms") govern your use of and access to the website, Midnight Light Botanics, and the templates, products, applications, tools, and features (collectively, the "Services") provided by Midnight Light Botanics (as defined below). By using or accessing this website or Services, you are agreeing to these Terms, our Privacy Policy, Cookie Policy, and other conditions (collectively, this "Agreement"). If you don’t agree to all the terms in this Agreement, you may not use or access the website or Services.

References to “Company”, “Midnight Light”, “us”, “we” and “our” mean Midnight Light Botanics.

These Terms are subject to change at any time. We will alert you about any changes by updating the “Last updated” date of this Agreement, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable parts of the Agreement every time you use our Site so that you understand which parts of the Agreement apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any part of the revised Agreement by your continued use of the Site after the date such revised Agreement is posted.

1. SITE ACCESS

1.1 You will be able to access the majority of this website without having to register any details with us. [However, particular areas of this website will only be accessible only if you have registered.]

2. USE OF WEBSITE

2.1 You are permitted to use our website for your own purposes (i.e. non-commercial use) and to print and download material from this website provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission.

2.2 The copyright and other intellectual property rights in all material on this website are owned by us or our licensors and must not be reproduced without our prior consent.

2.3 Subject to paragraph 2.1, no part of this website may be reproduced without our prior written permission.

3. SITE UPTIME

3.1 We take all reasonable steps to ensure that this website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. Therefore we will not be liable if this website is unavailable at any time.

3.2 This website may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.

4. VISITOR CONDUCT

4.1 With the exception of personally identifiable information, the use of which is covered under our Privacy Policy, any material you send or post to this website shall be considered non-proprietary and not confidential. Unless you advise to the contrary we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.

4.2 When using this website you shall not post or send to or from this website any material:

(a) for which you have not obtained all necessary consents;

(b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in the United States;

(c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

4.3 [We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 4.2.]

5. LINKS TO AND FROM OTHER WEBSITES

5.1 Any links to third party websites located on this website are provided for your convenience only. We have not reviewed each third party website and don’t control and aren’t liable for those sites, their content, and what they do. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to from this website, it is at your own risk.

5.2 If you would like to link to this website, you may only do so on the basis that you link to, but do not replicate, any page on this website, and subject to the following conditions:

(a) you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;

(b) you do not misrepresent your relationship with us or present any false information about us;

(c) you do not link from a website that is not owned by you; and

(d) your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United States.

5.3 If you choose to link to our website in breach of Paragraph 5.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.

6. DISCLAIMER

6.1 We take all reasonable steps to ensure that the information on this website is correct. However, we do not guarantee the correctness or completeness of material on this website. We may make changes to the material on this website at any time and without notice. The material on this website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.

6.2 The material at this website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this website.

7. EXCLUSION OF LIABILITY

7.1 Neither we nor any other party (whether or not involved in producing, maintaining or delivering this website), shall be liable or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this website.

7.2 Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the law of the United States.

8. EVENTS BEYOND OUR CONTROL

We are not in breach of this Agreement or liable to you if there is any total or partial failure of performance of the Services resulting from any act, circumstance, event or matter beyond our reasonable control. This may include where such results from any act of God, fire, act of government or state or regulation, war, civil commotion, terrorism, insurrection, inability to communicate with third parties for whatever reason, failure of any computer dealing or necessary system, failure or delay in transmission of communications, failure of any internet service provider, strike, industrial action or lock-out or any other reason beyond our reasonable control.

+ PRIVACY POLICY

Your privacy is extremely important. This Privacy Policy describes in detail the types of personal information we collect to use for our own purposes, and how we use it.

Key terms

Capitalized terms not defined in this Privacy Policy have the meanings in our Terms of Service.

What information do we collect?

We collect various personal information regarding you or your device. This includes the following:

• The emails and other communications that you send us or otherwise contribute. Please be aware that information on public parts of our sites is available to others.
• Information you share with us in connection with newsletter opt-ins, surveys, contests, or promotions.
• Your marketing preferences.
• Information we get from our partners to support our marketing initiatives, improve our Services and better monitor, manage and measure our ad campaigns, such as details about when our partner shows you one of our ads on or via its advertising platform.
• Other information you submit to us directly.

We also collect non-personal identification information from your use of our site or Services through the use of cookies. Please refer to the Non-personal Identification Information section below for detail.

We will never sell, trade, or rent your personal information. 

What do we use your information for?

Sharing personal information with Midnight Light Botanics is completely voluntary. Any of the information we collect from you may be used in the following ways:

• To personalize your experience (your information helps us to better respond to your individual needs)
• To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you)
• To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
• To administer a contest, promotion, survey or other site feature
• To send periodic emails

The email address you provide may be used to send you information, respond to inquiries, and/or other requests or questions. We will only do so if you have consented to the use of your personal information in that particular way. When you consent, you can change your mind and opt out at any time.

Non-personal identification information

Cookies may collect non-personal identification information about you whenever you interact with our site.

Non-personal identification information includes: IP addresses, preferences, web pages you visited prior to coming to our site, information about your browser, network or device (such as browser type and version, operating system, internet service provider, preference settings, unique device IDs and language and other regional settings), information about how you interact with our site and Services (such as timestamps, clicks, scrolling, browsing times, searches, transactions, referral pages, load times, and problems you may encounter, such as loading errors).

We use this information to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses, and other such information are not linked to any information that is personally identifiable.

Children's Online Privacy Protection Act compliance

Protecting the privacy of the very young is especially important to us. For that reason, we never collect or maintain information at our site from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.

Your rights and choices

Where applicable law requires (and subject to any relevant exceptions under law), you may have the right to access, update, change or delete personal information.

You can access, update, change or delete personal information by contacting us to request the required changes.

You can also elect not to receive marketing communications by following the unsubscribe instruction in such communications.

Please note that, for technical reasons, there is likely to be a delay in deleting your personal Information from our systems when you ask us to delete it. We also will retain personal information in order to comply with the law, protect our and others’ rights, resolve disputes or enforce our legal terms or policies, to the extent permitted under applicable law.

Your consent

By using our site, you consent to our Privacy Policy.

Changes to our privacy policy

This Privacy Policy is subject to change at any time. We will alert you about any changes by updating the “Last updated” date of this Agreement, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable parts of this Agreement every time you use our Site so that you understand which parts of the Agreement apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any part of the revised Agreement by your continued use of the Site after the date such revised Agreement is posted.

+ COOKIE POLICY

By agreeing to accept our use of cookies, you are giving us, and third parties we partner with, permission to place, store, and access some or all the cookies described below on your computer.

What are cookies?

Cookies are harmless, small pieces of data text files that websites store on your device. Most websites that you visit use cookies, including ours. They can improve your browsing experience because they help websites remember preferences and understand how people use different features. Cookies may contain some anonymous information such as a unique identifier and the site name, as well as some digits and numbers. Cookies are not dangerous and cannot be used to circulate viruses.

Can I disable cookies?

Most web browsers can be set to disable the use of cookies. However, we don't recommend that you block all cookies as it will prevent you from using certain features of our site correctly or at all. We take the European (EU) Cookie Law seriously and block all non-essential cookies until you click 'Got it!' on our cookie banner.

Functional cookies

These cookies are necessary for proper functioning of our website, such as displaying content, validating your session, responding to your inquires, ensuring pop-ups and announcements don't reappear after you close them, and other functions.

Non-essential cookies

These cookies collect information about your use of our website, such as pages visited, traffic sources, users’ interests, content management, and other website measurements. 

Non-personal identification information

Cookies may collect non-personal identification information about you whenever you interact with our site.

Non-personal identification information includes: IP addresses, preferences, web pages you visited prior to coming to our site, information about your browser, network or device (such as browser type and version, operating system, internet service provider, preference settings, unique device IDs and language and other regional settings), information about how you interact with our site and Services (such as timestamps, clicks, scrolling, browsing times, searches, transactions, referral pages, load times, and problems you may encounter, such as loading errors).

We use this information to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses, and other such information are not linked to any information that is personally identifiable.

+ INTELLECTUAL PROPERTY AND COPYRIGHT NOTICE.

You may not, in any manner, claim or imply that any of our content is yours. Doing so is a violation of federal law and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.

+ TERMINATION AND SEVERABILITY

You agree to comply with all US Federal CAN-SPAM Acts. We have a zero tolerance policy towards SPAM or any user associated with SPAM. If, at our absolute discretion, we establish that you are involved with SPAM in any way including creating, sending or otherwise distributing SPAM we may immediately terminate your ability to use the website.

If at any time we feel you have violated this Agreement, then we shall immediately terminate your use of our website and any related communications as we deem appropriate. It is within our sole discretion to allow any user’s access of our website, and we may revoke this access at any time without notice.

If any part of this Agreement is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.

+ LAW AND JURISDICTION

This Agreement and your use of the Site are governed by and construed in accordance with United States law and laws of the State of Wyoming. Any dispute arising out of or related to the information contained herein is subject to adjudication in the State of Wyoming, the United States of America.