Policies, Procedures & Legalities
Thank you for your interest in Lakota Made LLC.
I am an Indigenous Traditional Herbalist, I have no formal education in this other than my own research and learning from my elders. There is no formal educational institution for my area. I am practicing under Minnesota Statue https://www.revisor.mn.gov/statutes/cite/146A.01 as an Unlicensed Practitioner.
Release of Liability and Proceed at Your Own Discretion Statement:
All of our products are small-batch made in our workshop. We use safe food handling practices, stainless steel equipment, and hold ourselves to the highest of standards to keep a clean, sterile environment to produce high quality products.
All products are locally sustainably harvested made with filtered beeswax, organic sunflower oil or organic olive oil. No preservatives, dyes, or perfumes are added. Essential oils are used, they are third party verified organic. All other ingredients are third party verified non-gmo, organic.
All products are NOT approved or evaluated by the FDA
These statements have not been evaluated by the Food and Drug Administration. These products is not intended to diagnose, treat, cure, or prevent any disease or illness.
By purchasing this product, you are releasing the maker/manufacturer from product liability and assuming all risks and liability for your own health and well-being.
All products are homemade using sterile instruments and the highest of standards of clean environment and utensils.
Lakota Made LLC Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
THESE TERMS OF SERVICE (THE “TERMS”) GOVERN YOUR USE OF THE LAKOTA MADE LLC WEBSITE (THE “SITE”) AND CONSTITUTE A CONTRACT BETWEEN YOU (THE “USER”) AND LAKOTA MADE LLC (LMLLC). IF YOU DO NOT AGREE TO ACCEPT THESE TERMS IN THEIR ENTIRETY, PLEASE DISCONTINUE YOUR USE OF THE SITE IMMEDIATELY. IF YOU ARE UNDER THE AGE OF 18, YOUR PARENTS MUST REVIEW AND ACCEPT THESE TERMS BEFORE YOU USE THIS SITE FOR ANY REASON. THIS SITE IS NOT DIRECTED TO CHILDREN UNDER THE AGE OF 13.
The entire content included in this Site, including but not limited to text, graphics or code is copyrighted and is the property of Lakota Made LLC. Lakota Made LLC reserves all rights it may have at law or in equity. Permission is granted to Users to electronically copy and print hard copy portions of this Site for the sole purpose of placing an order with Lakota Made LLC or purchasing Lakota Made LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless authorized by Lakota Made LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.
DISCLAIMER OF WARRANTIES AND ASSUMPTION OF RISK
THE SITE AND THE LAKOTA MADE LLC PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND YOUR USE OF THE SITE, ANY LAKOTA MADE LLC PRODUCTS, OR ANY COMBINATION THEREOF IS AT YOUR OWN RISK. LAKOTA MADE LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, LAKOTA MADE LLC MAKES NO WARRANTY (A) THAT THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (B) THAT THE INFORMATION YOU MAY OBTAIN THROUGH YOUR USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (C) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OTHERWISE OBTAINED BY YOU THROUGH OR IN CONNECTION WITH THE SITE WILL MEET YOUR EXPECTATIONS, OR (E) THAT ANY ERRORS IN THE SITE WILL BE CORRECTED.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH THE SITE IS OBTAINED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM SUCH CONTENT.
NO ADVICE OR OTHER INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LAKOTA MADE LLC OR THROUGH THE SITE WILL CREATE ANY WARRANTY WITH RESPECT TO THE SITE.
NONE OF THE PRODUCTS, TEXT OR ADVICE ON THIS SITE HAVE BEEN APPROVED OR ENDORSED BY A PHYSICIAN, THE FOOD AND DRUG ADMINISTRATION OR ANY OTHER REGULATORY BODY. CONSULT YOUR PHYSICIAN IF YOU HAVE QUESTIONS ABOUT THE USE OF GOODS OR SERVICES AFTER READING THE LABEL AND ANY RELATED INFORMATION. USE OF GOODS OR SERVICES SOLD ON THIS SITE MAY TRIGGER ALLERGIES AND OTHER HEALTH RELATED ISSUES. REACTIONS MAY RESULT FROM MILD DISCOMFORT TO PHYSICAL IMPAIRMENT OR EVEN DEATH. IF YOU NEED EMERGENCY HELP RELATED TO ANY PHYSICAL OR MENTAL REACTION, PLEASE DIAL 911.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER LAKOTA MADE LLC NOR ITS AFFILIATES, OR EITHER OF THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR PROVIDERS, WILL BE LIABLE FOR ANY DAMAGES, INCLUDING INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR ANY LAKOTA MADE LLC PRODUCTS, EVEN IF LAKOTA MADE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT, LAKOTA MADE LLC’S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO LAKOTA MADE LLC DURING THE YEAR IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless Lakota Made LLC, its affiliates, and their respective directors, officers, members, managers, employees, agents, representatives, licensors, and suppliers from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of your breach of the Terms or otherwise from your use of the Site 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 . Lakota Made LLC reserves the right to assume partial or exclusive control over the defense of any matter subject to indemnification by you, in which case you agree to fully cooperate with Lakota Made LLC in asserting any available defenses.
If an Lakota Made LLC product is mistakenly listed at an incorrect price, Lakota Made LLC reserves the right to refuse or cancel any orders placed for any product listed at the incorrect price. Lakota Made LLC reserves the right to refuse or cancel any such orders whether the order has been confirmed and your credit card charged or not. If your credit card has already been charged for the purchase and your order is cancelled, Lakota Made LLC shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These terms and conditions, or any part thereof, may be terminated by Lakota Made LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination. We may periodically change these terms and conditions in our sole discretion, and your continued use of the Site constitutes your acceptance of the revised Terms. Please check this “Terms of Service” page for updates from time to time, as this is typically the only way we will notify you of any changes to the Terms.
Any dispute arising out of or in connection with these Terms or your use of the Site will be governed by the laws of the State of Minnesota, without regard to its conflict-of-laws principles or the United Nations Convention on Contracts for the International Sale of Goods. You agree that any cause of action or proceeding concerning any such dispute must be brought in Blue Earth County Circuit Court of the State of Minnesota or, subject to applicable jurisdictional requirements, in the United States District Court for the District of Minnesota, and you consent to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waive any objection to such venue.
You also agree that the remedy at law for your breach or threatened breach of the Terms may, by its nature, be inadequate, and that Lakota Made LLC will be entitled, in addition to damages, to a restraining order, temporary and permanent injunctive relief, specific performance, and other appropriate equitable relief, without showing or proving that any monetary damage has been sustained. You further agree that regardless of any statute or law to the contrary, any cause of action or proceeding against Lakota Made LLC and arising out of or in connection with the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. Lakota Made LLC failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Lakota Made LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.
USE OF SITE
Harassment in any manner or form on the Site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an Lakota Made LLC or other licensed employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
Lakota Made LLC does not and cannot review all communications and materials posted to or created by users accessing the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Site, Lakota Made LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, Lakota Made LLC reserves the right to block or remove communications or materials that it determines in its sole discretion to be (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or other intellectual property right of another; (d) includes claims not allowed under FDA guidelines for cosmetic manufacturers; or (e) offensive or otherwise unacceptable to Lakota Made LLC.