Terms of service

Terms of Service – Avery Apothecary LLC
Last Updated: April 2025

Welcome to Avery Apothecary. Please read the following Terms of Service ("Terms") carefully before accessing or using our website. These Terms govern your access to and use of all information, content, products, and services available on or through this website (the “Site”).

By using this Site, you agree to be legally bound by these Terms and our related policies. If you do not agree to these Terms and Conditions, please do not use this Website.

1. Use of This Site
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site and its content for personal, non-commercial use, in accordance with these Terms. Any other use is strictly prohibited without prior written consent from Avery Apothecary LLC.

2. Intellectual Property Rights
All content on this Site — including but not limited to text, formulas, product names, images, graphics, blog posts, videos, and website code — is the intellectual property of Avery Apothecary LLC or its content suppliers and is protected by United States and international copyright, trademark, and intellectual property laws.

You may not copy, reproduce, republish, upload, post, transmit, or distribute any material from this Site without prior written permission.

3. User-Generated Content
If you submit or share content with Avery Apothecary (including but not limited to product reviews, testimonials, comments, photographs, or social media posts), you grant us a perpetual, royalty-free, non-exclusive license to use, reproduce, modify, publish, and display such content in connection with our business.

You confirm that you own or have the necessary rights to share any content and that it does not violate the rights of any third party.

4. Educational and Informational Purposes Only
All content provided on this Site — including product descriptions, blog posts, videos, guides, and educational materials — is intended for informational and educational purposes only. This content is not a substitute for professional medical advice, diagnosis, or treatment.

We are herbalists and educators, not licensed medical professionals. Always consult with a qualified healthcare provider before using herbal products or making changes to your wellness routine.

5. Product Disclaimer
Our herbal products are intended to support wellness through traditional and holistic practices. However, statements on this Site have not been evaluated by the Food and Drug Administration (FDA). Our products are not intended to diagnose, treat, cure, or prevent any disease.

Please consult your healthcare provider before using any product, especially if you are pregnant, nursing, taking medication, or have a medical condition. Individual results may vary. By purchasing and using our products, you accept full responsibility for your own health and choices.

6. Account Registration
If you create an account on our Site, you agree to provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

We reserve the right to terminate your access or account if we believe you have provided false or misleading information or have violated these Terms.

7. Access by Minors
This Site is intended for individuals aged 18 or older. If you are under 18, you may only use the Site with the supervision of a parent or legal guardian. We do not knowingly collect personal information from children under the age of 13.

8. SMS and Email Marketing Terms
By subscribing to our email or SMS list, you consent to receive messages from Avery Apothecary LLC regarding promotions, product updates, and wellness content. Message and data rates may apply. Message frequency varies.

To opt out, you can click “Unsubscribe” in emails or reply STOP to any SMS message. Your privacy is important to us — we never sell your personal data to third parties.

9. Third-Party Links
The Site may contain links to third-party websites. These links are provided for your convenience only. We do not control and are not responsible for the content, policies, or practices of third-party websites. Visiting such sites is done at your own risk.

10. Limitation of Liability
To the fullest extent permitted by law, Avery Apothecary LLC and its employees, affiliates, contractors, and representatives shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or related to:

• Use or inability to use the Site

• Use or misuse of any products or content

• Errors, omissions, or delays in content

• Unauthorized access to or alteration of user communications or data

Use of this Site and our products is at your own risk.

11. Indemnification
You agree to indemnify, defend, and hold harmless Avery Apothecary LLC, its affiliates, officers, employees, agents, and licensors from any claim, liability, loss, expense, or demand (including attorney fees) arising out of your use of the Site, your violation of these Terms, or your infringement of any rights.

12. Dispute Resolution, Arbitration & Class Action Waiver
By using this Site, you agree to resolve any disputes exclusively through binding arbitration in accordance with the rules of the American Arbitration Association (AAA). Arbitration shall take place in California, unless otherwise agreed by both parties. You waive any right to bring disputes in court, including the right to a jury trial.

To the fullest extent permitted by law, you also agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You further waive any right to participate in a class action lawsuit or class-wide arbitration against Avery Apothecary LLC.

This arbitration and class action waiver clause survives termination of these Terms and applies to all claims, regardless of when they arose.

13. Waiver
No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any failure by Avery Apothecary LLC to assert a right or enforce a provision under these Terms shall not constitute a waiver of such right or provision.

14. Severability
If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect.

15. Termination
We reserve the right to suspend or terminate your access to the Site and services at any time, without notice, for any reason, including violation of these Terms. All provisions which by their nature should survive termination shall do so, including intellectual property rights, disclaimers, indemnity, and dispute resolution.

16. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. You agree to submit to the jurisdiction of California for any legal matters arising out of these Terms, except where arbitration is required.

17. Copyright Infringement Claims
If you believe any content on this Site violates your copyright, please notify us at:
Email: support@averyapothecary.com

Include:

• Identification of the copyrighted work

• Identification of the allegedly infringing material

• Your contact information

• A signed statement under penalty of perjury that you are the copyright owner or authorized agent

18. Changes to These Terms
We may revise these Terms at any time. Updates will be posted on this page with a new “Last Updated” date. By continuing to use the Site, you accept any changes made.

19. Entire Agreement
These Terms, along with our Privacy Policy and any other policies posted on our Site, constitute the full and complete agreement between you and Avery Apothecary LLC regarding your use of the Site and services.

20. Acknowledgement
By using this Site or purchasing our products, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service.