Terms of Service

1. Status of this draft

Required before launch: legal entity name, DBA ownership, mailing address, governing law, dispute procedure, monitored contact, and counsel approval.

This is a pre-launch operational draft. It is deliberately not represented as attorney-approved, and it must not be treated as a substitute for product-specific legal advice.

Lot & Leaf is the public-facing brand. The final Terms must identify the legal entity that owns and operates the brand, its mailing address, formation state, and contact information. Commerce remains disabled until those fields and all launch blockers are completed.

2. Agreement and incorporated policies

By accessing the site, a visitor agrees to the then-current Terms to the extent enforceable. A purchaser will also be required to affirmatively accept the Terms and the policies expressly incorporated at checkout, including Shipping, Returns, Product Safety, and Privacy.

If a product page, checkout disclosure, or written promotion conflicts with these general Terms, the more specific product or transaction disclosure controls for that issue, except that no employee or automated message may waive legal requirements or create an unauthorized warranty.

3. Eligibility and sales territory

The site is intended for a general U.S. audience. A purchaser must be at least 18 years old, have legal capacity to contract, use accurate information, and purchase only for lawful personal use. A higher age or identity check may apply to a future regulated product class.

Initial commerce is limited to eligible United States shipping addresses. International orders, freight forwarding, and attempts to evade a state or product restriction may be declined or cancelled.

• No sale is offered where the product, buyer, address, or intended use is prohibited.
• State availability may differ by SKU and may change without notice when law, carrier rules, or safety review changes.
• Inhalation-oriented products are not authorized for initial checkout.

4. Educational content and product classification

The Herbarium and Journal are educational resources, not medical services. Historical use, monographs, preclinical research, or discussion of a botanical does not mean the material is sold, lawful for every use, safe, clinically effective, or appropriate for a particular person.

Each commercial SKU must be classified and labeled for its actual intended use. A tea, dietary supplement, non-consumable botanical, essential oil, and inhalation product are not interchangeable merely because they contain the same plant.

5. Orders, acceptance, pricing, and payment

A submitted order is an offer to purchase, not acceptance by Lot & Leaf. An order may be limited, held, or cancelled for inventory, pricing, address, fraud, compliance, payment-processor, recall, or safety reasons. Acceptance occurs only when the order is confirmed for fulfillment.

Prices, promotions, availability, taxes, and shipping charges may change before acceptance. Obvious pricing or description errors may be corrected, and the customer will receive a cancellation or an opportunity to accept a corrected transaction where appropriate.

Payment credentials will be handled by an approved payment provider. Lot & Leaf should not store full payment-card numbers or card security codes in its application database.

6. Acceptable use

Visitors may use the site only for lawful personal or internal business evaluation. Automated access that degrades service, bypassing security, scraping private data, impersonation, malicious code, payment fraud, infringement, and attempts to obtain restricted products are prohibited.

Lot & Leaf may suspend access, preserve evidence, cancel transactions, or cooperate with lawful requests when reasonably necessary to protect people, systems, records, or legal rights.

7. Intellectual property and feedback

The site design, original text, brand elements, compilation, software, and product presentation are owned by or licensed to the future operating entity and are protected to the extent provided by law. Botanical facts, scientific names, and third-party materials remain subject to their own legal status and licences.

Limited personal viewing does not transfer ownership. A visitor may not use Lot & Leaf branding to suggest affiliation or copy substantial original content for commercial use without written permission.

Unsolicited feedback may be used without an obligation of confidentiality or compensation, but this clause does not transfer ownership of a visitor’s pre-existing intellectual property.

8. Third-party services and links

The site may link to research databases, regulators, carriers, payment providers, email providers, or other third parties. Their services and content are governed by their own terms and privacy practices. A link is not an endorsement of every statement on the destination site.

9. Disclaimers and non-waivable rights

To the maximum extent permitted by applicable law, the pre-launch website and educational content are provided on an “as available” basis without a promise that every page is complete, uninterrupted, error-free, or suitable for a particular purpose.

Product warranties, if any, will be stated on the product page or required by law. Nothing in these Terms excludes rights, remedies, warranties, or liabilities that cannot lawfully be waived, including applicable state consumer-protection rights.

10. Limitation of liability and indemnity draft

Not operative until counsel selects enforceable language and confirms it against the formation state, sales states, insurance, and checkout assent flow.

The final limitation of liability must be tailored to the operating entity, insurance, products, and governing law. The intended structure is to exclude indirect, incidental, special, exemplary, and consequential damages to the extent lawful and to cap ordinary contractual damages at the greater of amounts paid for the affected order or another counsel-approved amount.

No limitation will apply where prohibited, including for liability that cannot legally be limited. Any indemnity will be limited to losses arising from a user’s unlawful misuse, fraud, infringement, or material breach and will include reasonable notice and control-of-defense protections.

11. Governing law and disputes

The governing state, venue, small-claims option, pre-suit notice process, and any arbitration election are intentionally unresolved until the operating entity is formed. Lot & Leaf will not silently insert a class-action waiver or mandatory arbitration clause without counsel review and a conspicuous assent process.

Customers may retain non-waivable rights in their home state regardless of a later contractual choice-of-law provision.

12. Changes, severability, assignment, and contact

The operative version will display an effective date and change history. Material changes will apply prospectively unless law permits otherwise. Continued browsing alone will not be treated as consent to materially different purchase terms where affirmative consent is required.

If a provision is unenforceable, the remaining provisions should continue to the extent lawful. Rights may be assigned in a merger, financing, sale, or reorganization subject to applicable notice and privacy requirements.

Legal notices and customer questions must be sent to the monitored address identified in the final version. No placeholder address is authorized for commerce.