Welcome to the Whispering Creek Botanicals Web sites, which include but are not limited to whisperingcreekbotanicals,com and whisperingcreekbotanicals,net We provide our sites as a service to our customers. Please review the following terms and conditions of use, which govern your use of the Sites (the "Agreement").
Your use of the Sites constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use any of the Sites. If you do not agree to these terms, please do not use the Sites.
Use of sites
You agree that you will not use our websites in a manner that may compromise the integrity of Whispering Creek Botanicals a division of Royal Point Inc. located at P.O. Bx. 17611 Missoula, Montana 59808.
Notice of Copyright
Unless otherwise noted, the Sites, and all materials on the Sites, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by Royal Point Inc.
You may download or copy the Contents and other downloadable materials displayed on the Sites for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Sites.
User Comments, Feedback, and Other Submissions
Royal Point Inc. is pleased to hear from users and welcomes your comments regarding our products and services. You agree that Royal Point Inc. may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to us. and that royal point Inc. is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. Royal Point Inc. has the right but not the obligation to monitor and edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Sites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Royal Point Inc. or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy.Royal Point Inc. takes no responsibility and assumes no liability for any Comments posted by your or any third party.
Information Submitted Through the Sites
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).
The Sites may contain links to other Web sites that are not under the control or direction of Royal Point inc. As such we have no responsibility for the linked Web sites nor does this constitute an endorsement of any linked Web site.
You agree to defend, indemnify and hold Royal Point Inc. harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Sites and/or your breach of any representation, warranty, or other provision of the Agreement.
Resolution of Disputes
Both you and Royal Point Inc. agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Sites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to
Whispering Creek Botanicals
PO BOX 17611
Missoula, MT 59808
Both you and Royal Point Inc. agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
This Agreement shall be construed in accordance with the laws of the State of Montana, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of Montana,
This Agreement constitutes the entire agreement between us relating to your use of the Sites.
Last updated January 30, 2011