The Elderberry offers this website, including the information contained within the website and programs made available through the website, according to the terms and conditions below. By viewing any part of this website, you accept these terms and conditions in full. If you disagree with these terms and conditions in part or in whole, you must not use this website.

You must be at least 18 years of age to use this website. By visiting this website, you warrant and represent that you are at least 18 years of age.

Parts of this website may use cookies. By using this website and agreeing to these terms and conditions, you consent to The Elderberry’s use of cookies in accordance with the terms of The Elderberry’s privacy policy as stated below. 

A. Use of Website and Materials

The Elderberry owns the intellectual property rights in the website, including the material on the website. All of The Elderberry’s intellectual property rights are expressly reserved except as specifically provided herein.

You may view, download for caching purposes only, and print pages from the website for your own personal educational use, subject to the restrictions set out in these terms and conditions.

Without express written permission from The Elderberry, you may not:

• republish or redistribute any material from the website;

• sell, rent or sub-license any material from or access to the website;

• reproduce, duplicate, copy or otherwise use material on this website for any purpose; or

• edit or otherwise modify any material on the website.

 B.  Access to and Prohibitions Regarding Use of Website

To the extent which you access material through the website by logging in to a user account, you are prohibited from sharing with others your login information or the materials made available to you through your account. Accounts are single-user only. The Elderberry may disable your user account at its sole discretion and without notice or explanation.

You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, state, or local regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website or of any other websites; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the website or other websites.

In the event you breach these terms and conditions in any way, The Elderberry may take action as it deems appropriate, including cancelling your access to the website, blocking your access to the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that your access to the website be blocked, and/or bringing court proceedings against you.

 C. Limitations on Liability

You expressly agree that your use of, or inability to use, The Elderberry’s website is at your sole risk. The website, including any materials or services delivered to you through the website, are provided “as is” and “as available” for your use, without any representation, 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.

The Elderberry doesn’t guarantee, represent, or warrant that your use of our website will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the website or materials contained herein will be accurate or reliable. You acknowledge that from time to time we may remove the website or the materials contained herein for indefinite periods of time or cancel your access to the website at any time without notice to you.

In no case shall The Elderberry, including our officers, employees, affiliates, agents, contractors, or interns, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the website or any materials procured through or discussed on the website, or for any other claim related in any way to your use of the website or any materials contained herein, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the website or any content (or product) posted, transmitted, or otherwise made available via the website. This includes but is not limited to the ingestion, application, or other use of alcohol or any poisonous, toxic, or allergenic substance. In the event that you are not of legal age to consume alcohol, The Elderberry recommends that you refrain from the purchase, consumption, or use of alcohol-based products. If you elect to disregard such recommendation, you do so at your own risk, and The Elderberry accepts no liability relating to or arising from your activities. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Your use of the website expressly indicates your agreement that the exclusions and limitations of liability set out in these terms and conditions or elsewhere in the website are reasonable.

D. Purchase of Services

Prices for The Elderberry’s services offered through the website, including workshops, classes, and other educational events, are in U.S. tender and subject to change without notice. The Elderberry reserves the right at any time to modify or remove the website, including any part thereof, without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the website.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Your credit card information is always encrypted during transfer over networks.

In the event you provide fraudulent information through your enrollment process, including fraudulent payment information, we reserve the right to bring court proceedings against you for any damages we may suffer.

E. User Created Content

You understand that your comments (not including credit card information), may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

We may, but have no obligation to, monitor, edit, or remove comments that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms and conditions.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, publicity, 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 website or any other website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

G. General Conditions

The failure of The Elderberry to exercise or enforce any right or provision of these terms and conditions or any other policies or rules set forth by The Elderberry on this website shall not constitute a waiver of such right or provision.

These terms and conditions, along with any other policies or rules, posted by us on this website or in respect to the website constitutes the entire agreement and understanding between you and us and govern your use of the website, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these terms and conditions and any other policies or rules set forth by The Elderberry).

Any ambiguities in the interpretation of these terms and conditions and any other policies or rules set forth by The Elderberry shall not be construed against The Elderberry.

In the event that any provision of these terms and conditions and any other policies or rules set forth by The Elderberry is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed, such determination shall not affect the validity and enforceability of any other remaining provisions.

Any dispute arising from or relating to these terms and conditions and any other policies or rules set forth by The Elderberry through this website shall be governed by Virginia law and shall be decided solely and exclusively by State or Federal courts located in Albemarle County, Virginia. Any party who unsuccessfully challenges the enforceability of this forum selection clause shall reimburse the prevailing party for its attorneys’ fees, and the party prevailing in any such dispute shall be awarded its attorneys’ fees.

The Elderberry may revise these terms and conditions at any time and without notice. Revised terms and conditions will apply to the use of this website from the date of their publication on this website. Please visit this page regularly to ensure your continued acceptance of these terms and conditions.

Last revised:10/01/2019

Terms & Conditions

The Elderberry is committed to protecting your privacy while using our website. The Privacy Policy practices is for the website and is intended to inform users of our data collection and use practices.

Your Consent. By using the School’s website and any affiliated websites, message boards, bulletin boards, blogs, or public or private forums (collectively, “affiliated forums”), you consent to the terms of this Privacy Policy.

How and What Information We Collect. In order to use certain services associated with the website, you may register with The Elderberry. When you register as a website user and/or student of The Elderberry, The Elderberry may collect certain personally identifiable information from you. This information may include your name, email address, mailing address, telephone number, age, gender, and other information volunteered by you, such as information provided through responses, registration, reviews, emails, postings, messages, and other electronic submissions sent by you to The Elderberry or any affiliated forums. You should not provide The Elderberry with any personally identifiable information (or submit any personally identifiable information to The Elderberry or any affiliated forums) unless you would like that information to be used by The Elderberry in accordance with this Policy. The Elderberry may also automatically collect information from you when you access the website, including but not limited to your Internet Protocol (“IP”) Address.

What We Do With Your Information. The Elderberry will NOT share your personally identifiable information with any third parties, including individuals, businesses, or government entities, without your consent. The Elderberry will share your personally identifiable information if required to do so by law, court order, subpoena, or other legal process or in the event you violate our Website Terms and Conditions. The Elderberry may use your information to notify you about recent or upcoming classes, workshops, events, activities, and sales sponsored by or occurring at The Elderberry; to contact you for marketing purposes, such as to offer information about products and services provided by and/or at The Elderberrythat may interest you; and to improve the website and our affiliated forums.

A Note for Parents.  The website and any other affiliated forums, are not directed to children under eighteen (18) years of age. The Elderberry does not knowingly solicit or collect personal information from children under eighteen (18) years of age.

This website, including the information contained within the website and programs made available through the website, are intended for use by adults. You must be at least 18 years of age to use this website. By using the website, you warrant and represent that you are at least 18 years of age.

To the extent you are a parent desiring to share this website with your child, you may do so only as long as you abide by the following requirements:

1. You may not share this website with children under the age of 13.

2. You must not provide any personally identifiable information about any individual other than yourself. This includes that you shall not provide any personally identifiable information about your child.

3. If, at the request of The Elderberry or otherwise, you send certain specific submissions …. (collectively, “comments”), the comments submitted must be your own work and not written by your child. To the extent which comments are submitted through a social media platform (e.g., Facebook), only your social media account shall be permitted access.

4. In the event that your child is not of legal age to purchase or consume alcohol, The Elderberry recommends that you refrain from offering alcohol to your child.

Other Websites and Their Privacy Policies. Third-party websites may be accessible through our website and/or affiliated forums. These third-party websites have their own privacy and data collection policies and practices. The Elderberry is not responsible for any actions or privacy policies of such third parties. You should check the applicable privacy policies of those third parties when providing personally identifiable information through linked websites.

Security. To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow industry precautions and standards and best practices.

Cookies. “Cookies” are commonly used pieces of information in the form of small files that are placed on a computer hard drive to enable you to more easily communicate and interact with certain websites. The Elderberry may use cookies on its website, although none of the cookies contain any personally identifiable information.

Visitors’ GDPR Rights. If you are within the European Union, you are entitled to certain information and have certain rights under the General Data Protection Regulation. Those rights include:

• We will retain any information you choose to provide to us until the earlier of: (a) you asking us to delete the information, (b) our decision to cease using our existing data providers, or (c) The Elderberry decides that the value in retaining the data is outweighed by the costs of retaining it.

• You have the right to request access to your data that The Elderberry stores and the rights to either rectify or erase your personal data.

• You have the right to seek restrictions on the processing of your data.

• You have the right to object to the processing of your data and the right to the portability of your data.

• To the extent that you provided consent to The Elderberry’s processing of your personal data, you have the right to withdraw that consent at any time, without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent.

• You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation.

We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.

Changes to Our Privacy Policy. Changes to the Privacy Policy will be posted on the website. Such changes will be effective when posted to the website, so please check this page periodically. Your continued use of the website and/or affiliated forums, constitutes your acceptance of any changes to the Privacy Policy.

If you have any questions about our Privacy Policy, please contact us at jan@elderberryherbals.com.

Last revised: 10/01/2019