Terms & Conditions

Terms & Conditions

The Dispensary, Inc. (referred to herein as “The Dispensary”, “The Dispensary Online”, “we”, or “us”) welcomes you. The Dispensary is a naturopathic medicinal dispensary with a purpose of selling the highest-quality nutritional supplements and herbal medicines to both retail customers and healthcare providers. We do not prescribe nor represent these nutraceuticals for any particular conditions or individual customers, except for those we see in person as patients. We advise and fully support the use of our products under the guidance and prescriptive direction of a knowledgeable and licensed healthcare practitioner. We serve solely as a retailer for self-guided customers not under our direct in-person care.

The following Terms & Conditions Agreement (the "Agreement") govern your use of the Internet web site owned and operated by The Dispensary (the "Service"). Please carefully review this entire Agreement. The Service is offered to you conditioned on your acceptance of the Agreement without modification. Your use of the Service and your checking the “I agree” box upon checkout constitutes your binding consent to the Agreement. If you do not agree to be bound by this Agreement, you are not authorized to use this Service.

[Obligations] [Security] [Shipping] [Returns] [Cancellations] [Children] [Copyright] [Trademark] [Product Info]
[Third Party Sites] [Warranty] [Liability] [Dispute] [Jurisdiction] [Modification] [Indemnification] [Waiver]
[Severability] [Headings] [Term] [Miscellaneous]

Obligations

You are required to comply with all applicable laws in connection with your use of the Service and such further limitations as may be set forth in any written or on-screen notice from The Dispensary. As a condition of your use of the Service, you warrant that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement.

You agree to pay for goods and services purchased via the Service and recognize that purchasing goods and services online holds the same validity as if purchased in person from a brick-and-mortar store.

Security

Customer's messages sent via e-mail are not secured against interception. When ordering, we will ask you for your name, e-mail address, mailing address, and phone number or other information so that we may fulfill your order and communicate with you regarding your order. We do not collect, nor store, nor even have access to, your financial information. Our payment processing agent for shopping cart purchases is PayPal. Please see our Privacy Policy and PayPal’s Privacy Policy for more details.

Shipping

Each item in our online store is marked "Ships next day" or "Ships within 8 days". This refers to the turnaround time that it takes to process your order before shipment. Orders that include only "Ships next day" items will ship on the next working day after you place your order. Orders that include both types of items will ship within 8 working days. Add together turnaround (in-house) time and shipping time to determine when to expect delivery. Normal delivery times (counting from your order date) are shown below, and depend on the type of shipping service you select during checkout.

EXPECT DELIVERY IN...
Destination    "Ships next day" orders    "Ships within 8 days" orders
United States    2 to 7 working days    9 to 14 working days
Canada    10 working days    17 working days
Elsewhere    7 working days    14 working days

Free shipping may be offered to domestic destinations. International destinations are not eligible for free shipping offers. You may also upgrade to a faster shipping method to US domestic destinations at an additional charge. All delivery times are estimated, not guaranteed.

Returns

Due to the nature of the products we sell, all sales are final. We will accept returns, however, if the products are damaged, discolored or tampered with in a suspicious manner. In such cases, please contact us and we will provide return instructions and a replacement or refund.

Cancelled Orders

The Dispensary retains the right to refuse or cancel an order due to stock-outs, incorrect pricing, or for any other reason. If your PayPal account has already been charged for the purchase and your order is cancelled, The Dispensary shall issue a credit to your PayPal account in the amount of the purchase.

Children's Guidelines

This site does not solicit use by, or target as a user group, children under the age of 13 years. We do not collect information from any person we actually know is under the age of 13 that would make that child personally identifiable. This site does not knowingly sell any products or services to children under the age of 18 years, nor does it specifically target any information towards children. We advise that if a parent feels that anything about this site is inappropriate for their child, they monitor the child's use of this site as they would all other Internet usage. The Dispensary always welcomes your input and comments. Please feel free to contact us.

Copyright

All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Service; and the selection, coordination, and arrangement of such content, are owned by The Dispensary. The Dispensary, its content providers, or its third-party licensors, to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Service for any purposes. Nothing stated or implied on the Service confers on you any license or right under any copyright of The Dispensary or any third party.

The Service and the information contained in reference herein are for informational purposes only. Any reproduction, copying, or redistribution for commercial purposes of any materials or design elements of the Service is strictly prohibited, without the prior written consent of The Dispensary. Requests for permission to reproduce any information contained on the Service should be addressed to The Dispensary, Inc., 5312 Roosevelt Way NE, Seattle, WA 98105.

Trade & Service Mark Rights

All rights in the product names, company names, trade names, logos, product packaging, and designs of all The Dispensary or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to The Dispensary or their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited. Nothing stated or implied in this Service confers on you any license or right under any patent or trademark of The Dispensary or any third party.

Product Information

The Dispensary has no means of independently evaluating the safety or functionality of the products offered by its suppliers and affiliates and thus can neither endorse nor recommend products. The Dispensary makes every effort to receive a certification from its suppliers that (i) the product complies with all local, state, and federal regulatory requirements; (ii) every claim made on behalf of the product is adequately substantiated and information is readily available regarding such claims, and (iii) all adverse safety information is disclosed on product labeling.

The Dispensary requires that all of our suppliers can substantiate their claims of safety, wholeness, goodness and purity of product. However, we do not guarantee, warranty those claims, or any product or service advertised or discussed on our site. All claims by product suppliers regarding ingredients, potency, formulation and product testing must be verifiable by the supplier of the product. The supplier must be able to substantiate and authenticate these claims to The Dispensary and to site users upon request. All manufacturer or supplier claims regarding how products are grown, tested or manufactured must be in accordance with principles and standards established by the appropriate governmental and regulatory agencies and organizations. The Dispensary makes no warranty or guarantee for the accuracy of labeling, content, or quality of any products or services sold or advertised on The Dispensary's web site.

Links to Third-Party Services

In an attempt to provide increased value to our visitors, The Dispensary, Inc., may link to web sites operated by third parties (“Linked Services”). However, the Linked Services are not under the control of The Dispensary. The Dispensary is not responsible for the content of the Linked Services, including, without limitation, links contained on Linked Services, or any changes or updates to Linked Services. The inclusion of such Linked Services is not an endorsement by The Dispensary in favor of any company offering Internet services, products or services on the Linked Services. These linked sites are only for your convenience, and therefore you access the Linked Services at your own risk. Nonetheless, The Dispensary seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work). Such feedback can be sent via our contact page.

Disclaimer of Warranties

The Service is provided “as is” and “as available.” The Dispensary makes no representation or warranty of any kind whatsoever that the information provided through the Service, or other content or web sites that may be accessible directly or indirectly through the Service, will be free from error, omission, interruption, defect, of delay in operation. Your use of The Dispensary site and content is at your own risk. The Dispensary does not guarantee that the functions of this site will be error-free or uninterrupted, or that this site and server will be absolutely virus-free. Your use of this site involves transmission of data over facilities which are not within the control of The Dispensary, its content providers and advertisers. Therefore, The Dispensary assumes no liability for delay, corruption of data, interruption of service, or interception of data transmissions outside of its direct control. The Dispensary disclaims any and all such representations and warranties to the maximum extent permitted by law.

Without limiting the generality of the foregoing, The Dispensary disclaims to the maximum extent permitted by law any and all (i) warranties of merchantability or fitness for a particular purpose, (ii) warranties against infringement of any third party intellectual property or proprietary rights, (iii) warranties relating to delays, interruptions, errors or omissions in the service, or any part thereof, (iv) warranties relating to the transmission or delivery of the service, (v) warranties relating to the accuracy, reliability, correctness or completeness of data, and (vi) warranties otherwise relating to performance, nonperformance, or other acts or omissions by The Dispensary or any third party. Further, there is no warranty that The Service or products will meet your needs or requirements or the needs or requirements of any other person. The Dispensary makes no representations or warranties as to: (1) the accuracy, completeness, reliability, currentness or timeliness of the content, textual material, graphics, links, or data transmission capabilities provided by The Service; and (2) compliance with or satisfaction of any governmental regulations requiring disclosure of information concerning products or services offered by content providers or product suppliers or on The Service.

Although the editors and content providers of this site have consulted sources believed to be reliable and accurate in assembling the content of this site, information provided may not be error-free. Listings of suppliers, professional associations, organizations, news, events and other material are intended to be comprehensive but not necessarily all-inclusive of information.

Limitation of Liability

In no event shall The Dispensary, its content providers, business associates, or any third parties referred to on The Dispensary site be liable for any damages, including, without limitation, incidental and consequential damages, personal injury or death, lost profits or damages from data loss or business interruption, resulting from the use or inability to use The Service, its content, or its products, whether based on contract, tort or any other legal theory, and whether or not The Dispensary is given notice of the possibility of such damages. The Dispensary shall only be liable for actual damages suffered by you, and only to the maximum amount of $500 (U.S. currency). The Dispensary assumes no liability for your use or misuse of the site, the content, the public areas of the site, including, without limitation, liability for personal injury or death. The remedies set forth in these Terms & Conditions are exclusive and limited to those expressly set forth.

Because some jurisdictions do not allow the exclusion of limitation of incidental or consequential damages, The Dispensary’s liability in such jurisdictions shall be limited to the extent permitted by law.

Dispute Resolution

If a dispute arises out of or relates to these Terms of Use, or the breach thereof, the parties shall attempt to settle any and all disputes, controversies or claims arising out of or relating to this Agreement between them through consultation and negotiation in good faith and with a spirit of mutual cooperation. If the matter is not resolved through good faith negotiation, such disputes, controversies or claims shall be fully and finally settled by arbitration under the rules of a recognized Alternative Dispute Resolution (“ADR”) organization in King County, Washington, by one arbitrator either mutually agreed upon by the parties or chosen in accordance with the ADR rules. The attorneys’ fees and costs of arbitration shall be borne by the losing party unless the parties stipulate otherwise or in such proportions as the arbitrator shall decide.

Notwithstanding the arbitration provision above, The Dispensary may avail itself of the full range of remedies available to it, either individual or together, in connection with any violation of its respective intellectual property rights, including, but not limited to, temporary and permanent injunctive relief, and actions for damages in either state or federal courts, as applicable. If such judicial proceedings are instituted, the parties agree that such proceedings will not be stayed or delayed pending the outcome of any arbitration proceeding under this Agreement. In such judicial proceedings, the prevailing party shall be entitled to an award of attorneys' fees and litigation costs, including those at the trial court and all appellate court levels, against the losing party.

Jurisdiction

Your use of this site shall be governed in all respects by the laws of the State of Washington, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of The Dispensary products) shall be in the state or federal courts located in King County, Washington. Each Party hereby irrevocably waives (and irrevocably agrees not to raise) any objection that he may now or hereafter have to the laying of the venue of any proceedings in any such courts and any claim that any such proceedings have been brought in an inconvenient forum. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of The Dispensary products) must be commenced within one (1) year after the claim or cause of action arises.

Modification of This Agreement

The Dispensary reserves the right to alter the content of this Service in any way, at any time, for any reason, without prior notification, and will not be liable for possible consequences of such changes. These limitations apply even if The Dispensary has been advised of the possibility of such damage. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms & Conditions to which you are bound. By your continued use of The Dispensary site, you agree to monitor these Terms and Conditions for any changes, and that such changes will be binding upon you. Your use of the Service and checking the "I Agree to Terms" box after the posting of modifications to this Agreement will constitute your acceptance of this Agreement, as modified. If at any time you do not wish to accept this Agreement, you are not thereafter authorized to use the Service.

Indemnification

You agree to indemnify, defend, and hold harmless The Dispensary, its officers, directors, employees, agents, licensors, principals, agents, consultants, information providers, subsidiaries, affiliates, co-branders or other partners and suppliers from and against all liabilities, claims, actions, demands, losses, expenses, damages and costs, including reasonable attorneys' fees and accounting fees, resulting from any violation of these terms and conditions, your violation of any rights of another, or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

No Professional Advice

Any information supplied through the Service or by any employee or agent of The Dispensary, whether by telephone, e-mail, letter, facsimile or other form of communication, is for educational purposes or general guidance on the use of the Service, and does not constitute medical, legal, tax, accounting or other professional advice. Health-related information provided through the service is not a substitute for medical advice and it is important that you not make medical decisions without first consulting your personal physician or health care practitioner, including in-person office visits with Drs. Donovan or Fahoum, in which case this paragraph does not apply to you. Do not attempt to self-diagnose or treat any medical condition based on anything contained on this site. The receipt of any questions or feedback you submit to The Dispensary does not create a professional relationship and does not create any confidentiality privileges beyond those described in our Privacy Policy.

No Waiver

The Dispensary's failure to insist upon or enforce strict performance of any provision of these terms or respond to a breach by you or other parties shall not be construed as a waiver of any provision or right nor shall it any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches. The Dispensary may assign its rights and duties under this Agreement to any party at any time without notice to you.

Severability & Integration

Except as expressly set forth within any separate notice contained in The Service or any other written agreement between you and The Dispensary, these Terms & Conditions constitute the entire agreement between you and The Dispensary regarding the use of The Service and content and governs your use of the Service. None of these Terms & Conditions may be waived except in a written instrument signed by an officer of The Dispensary. No waiver, whether express or found to exist as a matter of law, shall be deemed a further or continuing waiver of such term or condition or of any other term or condition. If, for any reason whatsoever, any section, subsection, paragraph or other provision of this Agreement or the application thereof to any person or circumstance, is to any extent held or rendered invalid, unenforceable or illegal by a court of competent jurisdiction, then such section, subsection, paragraph or other provision of this Agreement shall interpreted to the maximum extent allowable by law and any such invalidity, unenforceability or illegality shall not affect, impair or invalidate the remaining provisions of the Agreement, which remaining provisions shall remain in full force and effect.

Headings

Section headings appearing in this Agreement are intended for convenience only and shall not be construed as interpretations of text.

Term & Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing an online purchase. These terms & conditions, or any part of them, may be terminated by The Dispensary without notice at any time, for any reason. The provisions relating to intellectual property rights, dispute resolution, indemnification, disclaimer, limitation of liability and miscellaneous shall survive any termination.

Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Dispensary as a result of this Agreement or your use of this Service. Nothing contained in this Agreement is in derogation of The Dispensary's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of this Service or information provided to or gathered by The Dispensary with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.