Terms of Service
Please read these Terms carefully before using grimmsapothecary.net or purchasing any product or service. By accessing our website, placing an order, subscribing to our newsletter, or engaging our coaching services, you agree to be bound by these Terms. If you do not agree, do not use our website or services.
1. Parties and Agreement
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you,” “User,” or “Customer”) and Grimm’s Apothecary LLC (“Company,” “we,” “us,” or “our”), a New York single-member S-corporation with its principal place of business in Port Jervis, New York.
These Terms govern your use of grimmsapothecary.net and all associated subdomains (collectively, the “Site”), and all products, services, and digital content we offer, including our e-commerce store, health coaching and data analysis consultation services, newsletter, and Patreon-gated research content portal.
2. Eligibility
You must be at least 18 years of age to use our Site, purchase products, or engage our services. By using the Site, you represent and warrant that:
- You are at least 18 years old.
- You have the legal capacity to enter into a binding contract in your jurisdiction.
- You are not located in a jurisdiction where purchasing our products or accessing our content is prohibited by law.
- Your use of our Site and services does not violate any applicable law or regulation.
Residents of countries subject to comprehensive U.S. economic sanctions (currently including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions) may not purchase products or services from us.
3. Accounts
To make purchases or access member-only content, you may create an account. You agree to:
- Provide accurate, current, and complete information during registration and keep it up to date.
- Maintain the security of your password and account credentials.
- Notify us immediately of any unauthorised use of your account at contact@grimmsapothecary.net.
- Accept responsibility for all activity that occurs under your account.
We reserve the right to suspend or terminate accounts that are inactive for more than 24 months, that violate these Terms, or that we reasonably believe are being used for fraudulent or abusive purposes. We will provide reasonable notice before termination where practicable.
4. Products and Orders
4.1 Product Information
We make every effort to display product information, ingredients, and imagery accurately. However, we do not warrant that product descriptions or images are error-free, complete, or current. Product formulations, packaging, and availability are subject to change without notice.
4.2 Pricing
All prices are displayed in US Dollars (USD) unless otherwise stated. Prices are subject to change without notice. We are not responsible for pricing errors; if a product is listed at an incorrect price due to a typographical or technical error, we reserve the right to cancel any orders placed for that product and refund any amount charged.
4.3 Order Acceptance
Your order constitutes an offer to purchase. An order is accepted and a contract formed only when we send you an order confirmation email. We reserve the right to refuse or cancel any order for any reason, including product unavailability, suspected fraud, or errors in product or pricing information.
4.4 Payment
Payment is due at the time of order. We accept payment through our authorised payment processors (Stripe, PayPal, or other processors displayed at checkout). By providing payment information, you represent that you are authorised to use the payment method and that the information is accurate.
4.5 Shipping and Delivery
We ship to addresses within the United States. Shipping times are estimates only and not guaranteed. Risk of loss and title for products pass to you upon our delivery to the carrier. We are not responsible for delays caused by carriers, customs, weather, or other circumstances beyond our control.
4.6 Returns and Refunds
Our full Refund and Return Policy is available at grimmsapothecary.net/refund-policy and is incorporated into these Terms by reference.
4.7 Supplements and Regulatory Compliance
Our herbal products are sold as dietary supplements. They have not been evaluated by the U.S. Food and Drug Administration (FDA). They are not intended to diagnose, treat, cure, or prevent any disease. See our Health and Medical Disclaimer for important additional disclosures.
5. Coaching and Consultation Services
5.1 Nature of Services
Our health coaching and data analysis consultation services are educational and informational in nature. They do not constitute medical advice, diagnosis, or treatment. We are not licensed physicians, psychologists, dieticians, or other licensed healthcare professionals. Our services are not a substitute for professional medical care.
You acknowledge that any information or protocols discussed during coaching sessions are shared for educational purposes and that you retain sole responsibility for decisions regarding your health.
5.2 Client Responsibilities
You agree to:
- Consult a qualified, licensed healthcare professional before beginning any new supplement, dietary, or health protocol — particularly if you have existing medical conditions, take prescription medications, are pregnant, or are nursing.
- Disclose relevant health information accurately to facilitate meaningful coaching sessions.
- Understand that coaching outcomes are not guaranteed and depend significantly on your own efforts and individual biology.
- Discontinue use of any product and seek immediate medical attention if you experience an adverse reaction.
5.3 Confidentiality
We treat all health information shared in coaching sessions as confidential in accordance with our Privacy Policy. We will not disclose your personal health information to third parties without your explicit consent, except as required by law.
5.4 Scope Limitations
We do not provide: diagnoses of any medical, psychological, or nutritional condition; prescriptions or recommendations to alter, start, or stop pharmaceutical medications; crisis or emergency mental health support; or services that require a licensed professional in your jurisdiction.
6. Digital Content and Patreon Integration
6.1 Research Content Portal
We host research articles, protocols, and educational content accessible to qualifying Patreon patrons via our website. Access to this content is contingent on maintaining an active Patreon membership at the required tier.
6.2 Patreon Membership
Patreon memberships, payments, billing, and tier management are governed by Patreon’s Terms of Use. We are not responsible for Patreon’s platform availability, billing errors, or changes to Patreon’s own terms. Access to our content portal will be suspended if your Patreon membership lapses or is cancelled.
6.3 Licence to Digital Content
By accessing our Patreon-gated content, we grant you a personal, non-exclusive, non-transferable, revocable licence to access and read the content for your own personal, non-commercial use. You may not:
- Copy, reproduce, distribute, republish, download, scrape, or transmit the content in any form.
- Share login credentials or access tokens to allow others to access content.
- Use the content for commercial purposes, including creating derivative works for sale.
- Remove or alter any copyright, proprietary, or legal notices.
6.4 Newsletter
Our newsletter is provided for informational purposes. You may unsubscribe at any time using the unsubscribe link in any email or by contacting us. Resubscription after unsubscribing is possible unless we have blocked you for Terms violations.
7. Intellectual Property
All content on grimmsapothecary.net — including but not limited to text, articles, research content, product descriptions, images, graphics, logos, the Grimm’s Apothecary brand name and sigil, and website code — is the intellectual property of Grimm’s Apothecary LLC or its licensors, and is protected by United States and international copyright, trademark, and other intellectual property laws.
Nothing in these Terms transfers any intellectual property rights to you. You may access our website and its public content for personal, non-commercial use only. Any other use requires our prior written permission.
8. Prohibited Uses
You agree not to use our Site or services to:
- Violate any applicable local, state, national, or international law or regulation.
- Submit false, misleading, or fraudulent information in any form.
- Impersonate any person or entity, or falsely represent your affiliation with any person or entity.
- Transmit any unsolicited commercial communications (spam).
- Attempt to gain unauthorised access to any part of our Site, servers, or databases.
- Use automated tools, bots, scrapers, or crawlers to collect data from our Site without our express written consent.
- Upload or transmit viruses, malware, or other malicious code.
- Resell, redistribute, or commercially exploit our products or digital content without authorisation.
- Harass, threaten, or intimidate other users or our staff.
- Use our brand name, imagery, or research content in a manner that implies our endorsement without written consent.
9. Disclaimers
THE SITE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GRIMM’S APOTHECARY LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that:
- The Site will be available, uninterrupted, or error-free at all times.
- Defects will be corrected, or that the Site or the servers that make it available are free of viruses or other harmful components.
- Any product will achieve a particular health outcome for any individual.
- Our research content is exhaustive or free from error — the field of herbal medicine and nutritional biochemistry is evolving, and information may become outdated.
Our Health and Medical Disclaimer at grimmsapothecary.net/health-disclaimer contains additional important disclaimers and is incorporated into these Terms by reference.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GRIMM’S APOTHECARY LLC, ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM:
- Your use of or inability to use the Site, products, or services.
- Any product purchased or coaching service received.
- Unauthorised access to or alteration of your transmissions or data.
- Any third-party conduct on the Site.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF OUR SITE AND SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (00.00).
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the foregoing limitations will apply to the greatest extent permitted by applicable law.
11. Indemnification
You agree to defend, indemnify, and hold harmless Grimm’s Apothecary LLC and its members, managers, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:
- Your violation of these Terms.
- Your use of the Site, products, or services.
- Your violation of any third party’s rights.
- Any content you submit to the Site.
- Your violation of any applicable law or regulation.
12. Dispute Resolution and Arbitration
12.1 Informal Resolution
Before initiating any formal proceeding, you agree to contact us at contact@grimmsapothecary.net and provide a written description of your dispute, your contact information, and your proposed resolution. We will attempt to resolve the dispute informally within 30 days.
12.2 Binding Arbitration
If the dispute is not resolved informally, you and Grimm’s Apothecary LLC agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms or our products and services through final and binding individual arbitration, rather than in court, except as set out in Section 12.4.
Arbitration shall be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be conducted in Orange County, New York, or by telephone or videoconference. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
12.3 Class Action Waiver
YOU AND GRIMM’S APOTHECARY LLC EACH AGREE THAT ANY CLAIMS MAY ONLY BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims of more than one person.
12.4 Exceptions to Arbitration
Either party may seek relief in small claims court for disputes within the court’s jurisdictional limits. Either party may also seek emergency injunctive relief in any court of competent jurisdiction to prevent irreparable harm while arbitration proceeds.
13. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law principles. For any matters not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Orange County, New York.
Nothing in these Terms limits your rights under mandatory consumer protection laws in your jurisdiction that cannot be excluded by contract.
14. Modifications to Terms
We reserve the right to modify these Terms at any time. When we make material changes, we will update the “Last Updated” date and, for significant changes affecting your rights, provide at least 30 days’ advance notice by email or prominent notice on our website. Your continued use of the Site after the effective date of modified Terms constitutes acceptance of the changes.
If you do not agree to modified Terms, you must stop using our Site and services and, if applicable, cancel any active subscriptions before the effective date.
15. Miscellaneous
- Entire Agreement: These Terms, together with our Privacy Policy, Health and Medical Disclaimer, Refund Policy, Cookie Policy, and Subscription Terms, constitute the entire agreement between you and Grimm’s Apothecary LLC regarding your use of our Site and services.
- Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall continue in full force and effect.
- Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.
- Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
- Force Majeure: We are not liable for delays or failures in performance resulting from causes beyond our reasonable control, including natural disasters, pandemic, government actions, labour disputes, or internet infrastructure failures.
- No Third-Party Beneficiaries: These Terms do not create any third-party beneficiary rights.
16. Contact
Grimm’s Apothecary LLC
Port Jervis, New York, United States
Email: contact@grimmsapothecary.net
Website: grimmsapothecary.net