Terms of Service

Ether Botanicals LLC

Last updated: July 23, 2026

Overview

Welcome to Ether Botanicals! The terms “Ether Botanicals,” “we,” “us,” and “our” refer to Ether Botanicals LLC, a Florida limited liability company. Ether Botanicals operates the website etherbotanical.com and the related online store, content, features, tools, products, and services (collectively, the “Services”).

These terms and conditions, together with any policies referenced herein, including our Privacy Policy and Refund Policy (collectively, these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms carefully. They contain important information about your legal rights, including a product-use disclaimer and assumption of risk (Section 2A), a binding arbitration provision and class action waiver (Section 19), warranty disclaimers, and limitations of liability.

By visiting, interacting with, or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you may not use or access the Services.

Section 1 — Eligibility, Access, and Account

By agreeing to these Terms, you represent and warrant that you are at least eighteen (18) years of age and at least the age of majority in your state, province, or country of residence. The Services and all products offered through the Services are intended for adults only. We do not sell to minors.

To use the Services, including browsing our online store or purchasing products, you may be asked to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete, and that you have all rights necessary to provide it.

You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person.

Section 2 — Our Products

We have made every effort to represent our products accurately in our online store. However, product color and appearance may differ from what appears on your screen due to your device, settings, and configuration, and because our products are natural botanical materials, characteristics such as color, texture, moisture content, and particle size may vary between lots and harvests. We do not warrant that the appearance or quality of any product will meet your expectations or be identical to depictions in our online store.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of any product we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.

Section 2A — Ethnobotanical Products Disclaimer, Intended Use, and Assumption of Risk

Certain products offered by Ether Botanicals, including but not limited to Mimosa hostilis (Mimosa tenuiflora) root bark and related botanical materials, are sold strictly as natural dye materials, ethnobotanical specimens, craft materials, incense materials, ornamental botanical products, or for educational purposes. These products are not sold, marketed, or intended for human or animal consumption, medicinal use, pharmaceutical use, chemical processing, or the manufacture, synthesis, or extraction of controlled substances. Ether Botanicals makes no representation that any product sold through the Services is suitable for ingestion or for any medical or therapeutic purpose.

By purchasing or using any botanical product from Ether Botanicals, you acknowledge and agree that such products are intended solely for lawful purposes, including but not limited to natural dye production, fiber arts and craft applications, botanical specimen collection, incense or aromatic uses, educational purposes, or ornamental display. None of the products sold by Ether Botanicals are dietary supplements, foods, drugs, medicines, cosmetics, or medical treatments, and none have been evaluated by the U.S. Food and Drug Administration. Ether Botanicals makes no claims regarding the health effects, medicinal value, or safety of any botanical product.

Prohibited uses. Ether Botanicals strictly prohibits, and does not condone, the use of any product sold through the Services for the extraction of alkaloids, chemical synthesis, or the manufacture or production of controlled substances or illegal compounds. Ether Botanicals does not provide instructions, guidance, advice, or materials intended for the chemical processing of, or extraction of compounds from, any botanical product, and no statement by Ether Botanicals or its representatives may be construed as such. Any attempt to chemically process, extract, synthesize, or manufacture controlled substances from products sold by Ether Botanicals is expressly forbidden, constitutes a material breach of these Terms, and voids any product warranty, return right, or other accommodation that might otherwise apply. Any such activity is conducted entirely at the purchaser’s own risk and sole responsibility.

Purchaser’s legal responsibility. The purchaser is solely responsible for ensuring that the purchase, possession, importation, and use of any product purchased from Ether Botanicals complies with all applicable local, state, federal, and international laws and regulations. Laws regarding botanical materials and naturally occurring plant constituents vary significantly between jurisdictions and are subject to change. Ether Botanicals makes no representation or guarantee regarding the legal status of any product in any particular jurisdiction. By purchasing from Ether Botanicals, you represent and warrant that you are legally permitted to purchase and possess the products in your jurisdiction and that you will use the products only for lawful purposes. For orders shipped outside the United States, you are the importer of record and are solely responsible for compliance with the laws of the destination country, including any permits, duties, taxes, or restrictions, and for any seizure, refusal, destruction, or return of goods by customs or other authorities.

Assumption of risk. Botanical materials are natural products that may contain naturally occurring chemical compounds and may present risks if improperly handled, stored, processed, or misused, including risks of allergic reaction or sensitivity. By purchasing products from Ether Botanicals, you acknowledge that you understand the nature of the products being sold and you knowingly, voluntarily, and freely assume all risks, known and unknown, associated with their handling, storage, and use. You further acknowledge that improper handling, misuse, ingestion, or chemical processing of botanical materials may pose health, safety, or legal risks, and you agree that all such risks are assumed entirely by you.

Release and limitation. To the fullest extent permitted by law, you release Ether Botanicals from, and Ether Botanicals shall not be liable for, any damages, injuries, losses, legal consequences, claims, or liabilities arising from or related to the misuse of any product sold through the Services, including without limitation damages or consequences resulting from ingestion of products not intended for consumption, chemical processing or extraction of compounds, unlawful use of botanical materials, or failure to comply with applicable laws and regulations. All responsibility and liability associated with the purchase, possession, handling, and use of botanical materials rests solely with the purchaser.

Right to refuse. Ether Botanicals reserves the right to refuse service, decline or cancel orders, limit quantities, and restrict sales to any individual, organization, or jurisdiction, at its sole discretion and without obligation to state a reason, including where Ether Botanicals suspects that products may be used for unlawful purposes or in violation of these Terms.

Section 3 — Orders

When you place an order, you are making an offer to purchase. Ether Botanicals reserves the right to accept or decline your order for any reason at its sole discretion. Your order is not accepted until Ether Botanicals confirms acceptance, and we must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, change, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided when the order was placed. If payment has been received for an order we decline or cancel, our sole obligation is to refund the amount paid for that order.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

Unless we have expressly agreed otherwise in writing (for example, under a wholesale or business account arrangement), you represent and warrant that your purchases are for your own personal or household use and not for commercial resale, distribution, or export. If you are interested in wholesale or business purchasing, contact us at ether@etherbotanical.com.

Section 4 — Prices and Billing

Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed, as set out in your order confirmation. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges, which are your responsibility.

Prices in our online store may differ from prices offered elsewhere. We may offer promotions governed by separate terms; if there is a conflict between promotion terms and these Terms, the promotion terms govern for that promotion.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases, and to promptly update your information as needed so that we can complete transactions and contact you. You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorized to use the payment method provided, (iii) charges you incur will be honored by your payment provider, and (iv) you will pay all charges you incur at the posted prices, including shipping, handling, and applicable taxes.

Products sold by weight; pricing errors. Products sold by weight are priced according to the per-unit (e.g., per-kilogram) prices displayed on the Services at the time of order. In the event of any pricing, discount, bundle, or listing error — including any multi-unit or bulk listing that misstates the total price relative to the correct per-unit price — our obligation is limited, at our sole discretion, to either (a) fulfilling the order only in the quantity that the amount actually paid covers at the correct per-unit price in effect at the time of order, or (b) cancelling the order in whole or in part and refunding the amount paid for the unfulfilled portion. Under no circumstances are we obligated to deliver a quantity greater than the amount paid covers at the correct per-unit price.

Cryptocurrency payments. If you pay with cryptocurrency, the amount due is determined at the exchange rate quoted at checkout for the payment window specified. Cryptocurrency transactions are irreversible by nature; once broadcast, a payment cannot be canceled or reversed by us. Any refund we issue for a cryptocurrency order will be made in the manner and at the valuation we reasonably determine, in accordance with our Refund Policy. You are solely responsible for sending the correct amount to the correct address within the payment window; underpayments, overpayments, and payments sent to an incorrect address or after expiration of the payment window may be delayed, unrecoverable, or subject to processing at our discretion.

Chargebacks. If you believe a charge is incorrect, you agree to contact us first at ether@etherbotanical.com to give us the opportunity to resolve the issue. Initiating a payment dispute or chargeback that we reasonably determine to be fraudulent, abusive, or made in bad faith constitutes a breach of these Terms, and we reserve the right to dispute it, to recover amounts owed together with reasonable costs of collection, and to suspend or refuse future service.

Section 5 — Shipping, Delivery, Title, and Risk of Loss

All delivery times are estimates only and are not guaranteed. We are not liable for shipping or delivery delays, and we are not responsible for delays or losses caused by shipping carriers, customs or agricultural inspection processing, weather, or other events outside our reasonable control. Once we transfer products to the carrier, title and risk of loss pass to you, and any claim for loss or damage in transit must be pursued in accordance with our Refund Policy and, where applicable, with the carrier. You are responsible for providing an accurate, complete shipping address; we are not responsible for orders shipped to the address you provided, for packages that carrier tracking shows as delivered, or for packages lost or stolen after delivery.

Section 6 — Intellectual Property

The Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product photography, video, and audio, and the design, selection, and arrangement thereof, are owned by Ether Botanicals, its affiliates, or its licensors and are protected by U.S. and foreign copyright, trademark, and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants, or shall be construed as granting, any license or right under any patent, trademark, copyright, or other intellectual property of Ether Botanicals or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted are reserved by Ether Botanicals.

Ether Botanicals’ names, logos, product and service names, designs, and slogans are trademarks of Ether Botanicals or its affiliates or licensors, and you may not use them without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

Section 7 — Optional Tools and Third-Party Services

The Services may include or provide access to tools, features, or services offered by third parties (such as payment processors, shipping calculators, or embedded functionality) that we neither monitor nor control. You acknowledge and agree that we provide access to such tools “as is” and “as available,” without warranties, representations, or conditions of any kind and without any endorsement, and that we shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of such tools is entirely at your own risk, and you should ensure you are familiar with and approve of the terms on which they are provided by the relevant third-party provider. New features we offer through the Services will also be deemed part of the Services and subject to these Terms.

Section 8 — Third-Party Links

The Services may contain materials and hyperlinks to websites operated by third parties. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites, and we are not liable for any harm or damages related to your access to third-party websites or your purchase or use of any third-party products, services, resources, or content. If you leave the Services to access third-party materials or sites, you do so at your own risk. Review the applicable third party’s policies carefully, and direct complaints, claims, concerns, or questions regarding third-party products and services to the third party.

Section 9 — Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read the Privacy Policy.

Section 10 — Feedback

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, irrevocable, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use, including to operate, provide, evaluate, improve, and promote the Services.

You represent and warrant that: (i) you own or have all rights necessary to submit the Feedback; (ii) you have disclosed any compensation or incentives received in connection with the Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation to (1) maintain any Feedback in confidence, (2) pay compensation for any Feedback, or (3) respond to any Feedback.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms. Your Feedback must not violate any right of any third party, contain unlawful, abusive, or obscene content, or contain any virus or malware. You may not use a false email address, impersonate any person, or mislead us or third parties as to the origin of any Feedback. You are solely responsible for the Feedback you submit and its accuracy, and we assume no liability for any Feedback posted by you or any third party.

Section 11 — Errors, Inaccuracies, and Omissions

Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice, including after you have submitted an order.

Section 12 — Prohibited Uses

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose, including any purpose prohibited by Section 2A; (b) to violate any international, federal, state, or local law, regulation, rule, or ordinance; (c) to infringe or violate our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or threaten any person; (e) to transmit false or misleading information, including in connection with any order or payment; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including “junk mail,” “chain letters,” or “spam”; (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services or that, as determined by us, may harm Ether Botanicals or users of the Services or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other malicious code; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any robot, spider, scraper, data-gathering or extraction tool, automated device or process, or AI tool (including agentic AI) to access the Services except as permitted under Section 13; or (f) interfere with, bypass, or circumvent any security or authorization feature, robot exclusion header, or other measure we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account and access at any time, without notice, if we determine that you have violated any part of these Terms.

Section 13 — Automated Agents

13.1 This section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with the Services. “Agent” means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity, without direct supervision.

13.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with Section 13.4. No Agent may access the Services if we have requested that it refrain from doing so.

13.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, or interacts with the Services.

13.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the Agent’s name by including “Agent/[agent name]” in the user-agent string; (ii) not conceal or obfuscate that access or interactions are from an Agent, such as by mimicking human behavior or completing or circumventing CAPTCHAs or other measures intended to distinguish computers from humans; (iii) respond truthfully to any question or prompt seeking to determine whether interactions come from a human or a computer; and (iv) not circumvent or avoid any measure intended to block, limit, modify, or control Agent access to the Services.

Section 14 — Termination

We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. The following sections survive any termination: Sections 2A, 4, 6, 10, 14, 15, 16, 17, 18, 19, 20, 21, 22, and 23, and any other provision that by its nature should survive.

Section 15 — Disclaimer of Warranties

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information; any reliance you place on it is strictly at your own risk, and we disclaim all liability arising from any such reliance.

EXCEPT AS EXPRESSLY STATED BY ETHER BOTANICALS IN WRITING, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, ETHER BOTANICALS MAKES NO WARRANTY THAT ANY PRODUCT IS FIT FOR ANY PURPOSE OTHER THAN THE LAWFUL INTENDED USES DESCRIBED IN SECTION 2A. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU IN FULL.

Section 16 — Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ETHER BOTANICALS, OR OUR MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, OR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF ETHER BOTANICALS AND THE PARTIES LISTED ABOVE FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES, ANY PRODUCT, OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO ETHER BOTANICALS FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Section 17 — Indemnification

You agree to indemnify, defend, and hold harmless Ether Botanicals and our members, managers, affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms or the documents they incorporate by reference, including Section 2A; (2) your violation of any law or the rights of a third party; (3) your use or misuse of any product purchased through the Services; or (4) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations except to the extent you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

Section 18 — Governing Law

These Terms and any dispute, claim, or controversy arising out of or relating to them, the Services, or any product purchased through the Services (collectively, “Disputes”) shall be governed by and construed in accordance with the laws of the State of Florida and applicable U.S. federal law, without regard to conflict-of-laws principles. Subject to Section 19, any Dispute that is not subject to arbitration shall be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and you and Ether Botanicals consent to the personal jurisdiction and venue of such courts.

Section 19 — Binding Arbitration; Class Action Waiver; Jury Trial Waiver

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

Informal resolution first. Before initiating any arbitration or court proceeding, you and Ether Botanicals agree to first attempt to resolve any Dispute informally by sending written notice to the other party (to us: ether@etherbotanical.com) describing the Dispute and the relief sought, and to negotiate in good faith for at least thirty (30) days.

Agreement to arbitrate. If a Dispute is not resolved informally, you and Ether Botanicals agree that any Dispute shall be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, before a single arbitrator. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. The arbitration shall be conducted in Miami-Dade County, Florida, or, at your election, by videoconference or telephone, or based on written submissions. Judgment on the award may be entered in any court of competent jurisdiction. The arbitrator, and not any court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court of competent jurisdiction shall decide any question regarding the enforceability of the class action waiver below.

Small claims exception. Either party may bring an individual claim in small claims court in a jurisdiction where venue is proper, in lieu of arbitration, so long as the claim remains in small claims court and is not removed or appealed to a court of general jurisdiction. Either party may also seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights.

Class action waiver. YOU AND ETHER BOTANICALS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of class or representative proceeding. If this class action waiver is found unenforceable as to a particular claim, then that claim (and only that claim) shall proceed in court, and all remaining claims shall proceed in arbitration.

Jury trial waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND ETHER BOTANICALS EACH WAIVE THE RIGHT TO A TRIAL BY JURY for any Dispute that proceeds in court rather than arbitration.

Opt-out. You may opt out of this arbitration agreement and class action waiver by sending written notice to ether@etherbotanical.com within thirty (30) days of your first acceptance of these Terms, stating your name, the email address associated with your orders, and your intent to opt out of arbitration. Opting out of arbitration does not affect any other provision of these Terms.

Time limit on claims. To the fullest extent permitted by law, any Dispute must be commenced within one (1) year after the claim accrues; otherwise, it is permanently barred.

Section 20 — Force Majeure

We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, weather events, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, labor disputes, supply chain disruptions, carrier delays, governmental action, customs or agricultural inspection holds, import or export restrictions, embargoes, changes in law or regulation, or failures of power, internet, or telecommunications infrastructure.

Section 21 — Severability

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms; such determination shall not affect the validity and enforceability of the remaining provisions.

Section 22 — Waiver; Entire Agreement; Assignment

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. These Terms, together with the Privacy Policy, Refund Policy, and any other policies or operating rules posted by us on the Services, constitute the entire agreement between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written (including any prior versions of these Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. You may not delegate, transfer, or assign these Terms or any of your rights or obligations under them without our prior written consent, and any attempt to do so is null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you. The headings used in these Terms are for convenience only and do not limit or otherwise affect these Terms.

Section 23 — Changes to These Terms

You can review the most current version of these Terms at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically for changes. We will notify you of material changes as required by applicable law, and changes will be effective on the date specified in the notice or, if none, upon posting. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

Section 24 — Contact Information

Questions about these Terms of Service should be sent to us at ether@etherbotanical.com.

Ether Botanicals LLC 6800 SW 40th St, No. 391 Miami, FL 33155, United States Email: ether@etherbotanical.com Phone: +1 (209) 265-1629