There may be times when we offer a service or feature that has its own terms and conditions that apply in addition to these Terms (“Additional Terms”). In those cases, the Additional Terms will control to the extent there is a conflict with these Terms, unless the Additional Terms state otherwise.
ARBITRATION NOTICE: Except for certain types of disputes described in the section below, you agree that all disputes between you and Herbax USA, LLC with regard to these Terms and your use of the Sites will be resolved by binding, individual ARBITRATION and you waive your right to participate in a class action lawsuit or class-wide arbitration.
WEBSITE INTENDED AUDIENCE
THIS SITE IS INTENDED FOR USERS AGE EIGHTEEN (18) AND OLDER. By using the Sites, you acknowledge that you are at least 18 years old.
THIS SITE DOES NOT PROVIDE MEDICAL ADVICE
The content and information provided by the Sites is for informational purposes only. It may not be complete and does not cover all health issues. Therefore, never use or rely on any information on the Sites in place of a consultation with your doctor or other health care provider.
Herbax USA, LLC does not recommend self-management of health problems nor does it endorse any particular type of medical treatment. The information and content provided by the Sites is not a substitute for medical advice and nothing contained on the Sites or in a response to your inquiries or questionnaires is intended to be a medical diagnosis or treatment plan. If you suspect you have a medical problem, or if you have any health care related questions, please promptly call or see your physician or other health care provider.
We assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services, or other material on the Sites. While we strive to keep the information on the Sites accurate, complete, and up-to-date, we do not give any assurances, and will not be responsible for any damage or loss related to the accuracy, completeness or timeliness of the information.
You may contact us with general questions regarding our products, dietary supplements or health matters, but do not send us any specific medical, therapeutic or treatment questions. Note that information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease.
OWNERSHIP OF SITE CONTENT
Unless otherwise explicitly specified by Herbax USA, LLC, all materials that are included in or are otherwise a part of the Sites, including past, present and future versions, domain names, source and object code and the “look and feel” of the Sites (“Site Content“) are owned, controlled or licensed by Herbax USA, LLC, its subsidiaries or affiliates, and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties.
The Site Content may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, except with the express permission of Herbax USA, LLC and as is expressly provided in these Terms. Any unauthorized use of the Site Content is prohibited.
YOUR LICENSE TO USE SITE CONTENT ON OUR SITE
Subject to your strict compliance with these Terms and any Additional Terms, Herbax USA, LLC grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable, and non-transferable license to access, view and download (if downloading is expressly offered by Herbax USA, LLC) the Site Content (with the exception of source and object code, other than as made available to access and use via standard web browsers). When you access or view the Site Content, you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Site Content; and (c) not copy or adapt any object code associated with the Sites or reverse engineer, modify or attempt to discover any source code associated with the Site, nor allow or assist any third party in doing so. You also agree that you will not, including by use of any robot, scraper, or other data mining technology or process, frame, mask, extract data or other materials from, copy or distribute the Site Content (except as may be a result of standard search engine or Internet browser usage). Except as expressly provided in these Terms, you may not copy, reproduce, republish, modify, create derivative works of, upload, download, perform, display, post, transmit, distribute or otherwise use Site Content in any way, without the prior written permission of a duly authorized Herbax USA, LLC employee. You agree to abide by any and all copyright notices, information, or restrictions contained in any part of the Sites. Unauthorized use of Site Content may be a violation of federal and state laws and could result in civil and criminal liability.
Herbax USA, LLC grants you the limited, revocable permission, subject to the restrictions in these Terms, to share portions of the Site Content with others via the following methods when a Site feature purposefully makes such sharing available (“Viral Distribution“): (a) sending Site Content to friends or acquaintances at no charge; or (b) posting and displaying a copy of Site Content on a personal web site; or (c) posting and displaying a copy of the Site Content on a third party web site that permits users to post content, so long as the posting is allowed pursuant to the third party web site’s terms and conditions and policies, and provided that the third party web site does not charge for access to those materials or associate those materials with products, services or advertising.
If you engage in Viral Distribution, you agree that you will not post any performance claims about a Herbax USA, LLC brand product. For example, you must not claim that a Herbax USA, LLC Brand product cures a disease or works in a specific way, but it would be acceptable to state “Herbax supplements are my favorite!” or “I think Herbax products are great!” with your Viral Distribution. In other words, you understand that only Herbax USA, LLC can make claims, promises or statements on behalf of Herbax USA, LLC about its products. You also agree that you will not imply that you and Herbax USA, LLC Brand are affiliated in any way or that Herbax USA, LLC approves of your comments.
The Sites may provide certain content that you may choose to include on your personal web page, blog, third party web site or social networking profile page, or similar page by pasting the HTML or other code provided by Herbax USA, LLC and labeled as embed code (or a similar identifying label) (“Widget”). Widgets are Site Content and subject to the limited, revocable license described above. You agree that you will not include or otherwise make available a Widget on a web page or web site containing content that is distasteful, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in Herbax USA, LLC sole opinion). Herbax USA, LLC may discontinue providing the services necessary for the Widgets to operate at any time for any reason without any liability to you. You agree that our permission to you to use Widgets on your Personal Page does not provide you (or any third party) with any intellectual property rights in or to the Widget or any content made available via any Widget. In addition, Herbax USA, LLC may disable Widgets that you include on any Personal Page if you violate these Terms (as determined by Herbax USA, LLC in its sole discretion) or for any or no reason, without any liability to you. You also agree to not use (or attempt to use) the Widget to display content other than the content provided or intended by Herbax USA, LLC to be displayed via a particular Widget.
REPORTING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS
You may not use the Sites for any purpose or in any manner that infringes the rights of any third party. Herbax USA, LLC encourages you to report any content on the Sites that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on a Site infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA“), Pharmavite has a designated agent for receiving notices of copyright infringement and Herbax USA, LLC follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Pharmavite’s copyright agent (whose contact information is set forth below) the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that any content on a Site contains content that violates your rights other than copyrights, please provide Herbax USA, LLC with at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.
Please send your notice of claims of copyright infringement on or regarding a Site or a complaint regarding alleged violation of rights other than copyrights to Herbax USA, LLC’s copyright agent, who can be reached as follows:
Mailing Address: 3001 E. Charleston Blvd., Ste. C Las Vegas, NV 89104
Phone: (833) 343-7229
E-mail Address: email@example.com
NOTE: This contact information is for notices or complaints regarding potential copyright and other infringement only.
We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.
It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter. Herbax USA, LLC will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party’s intellectual property rights.
INFORMATION AND CONTENT YOU SUBMIT
The Sites may provide you the opportunity to participate and post content publicly in forums, through interactive features and through other communication functionality (collectively, “Community Forums“). You may choose to submit or post via Community Forums or otherwise images, videos, writings, questions, comments, suggestions or other content (collectively, “User Content“).
You agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant Herbax USA, LLC the license below. Upon myherbas.com request, you will furnish Herbax USA, LLC any documentation, substantiation or releases necessary to verify your compliance with these Terms.
You also acknowledge that the Internet may be subject to breaches of security and should be aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to Herbax USA, LLC.
You remain the owner of your User Content, but you acknowledge that Herbax USA, LLC must have a license from you in order to accept your User Content. Accordingly, you grant to Herbax USA, LLC and its parents, affiliates, subsidiaries, successors in interest, licensees, and assigns, and each of their officers, directors, shareholders, agents, representatives and employees an unrestricted, worldwide, irrevocable, perpetual, transferable and royalty-free license (but not obligation) to host, use, copy, distribute, display, perform, modify, translate, store or otherwise exploit all or any portion of your User Content for any purpose whatsoever in all formats, on or through any media, technology or device now known or hereafter developed.
You further agree that Herbax USA, LLC is free to use any ideas or concepts contained in any User Content for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and services; and creating informational articles, without any payment of any kind to you. You authorize Herbax USA, LLC to publish your User Content in a searchable format that may be accessed by users of the Sites and the Internet. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
You agree that Herbax USA, LLC has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees’ rights to your User Content. You further acknowledge and agree that Herbax USA, LLC will not have any obligation to you with regard to User Content and that Herbax USA, LLC may or may not monitor, display or accept your User Content and may delete it at any time.
Unsolicited Ideas. Please do not send unsolicited User Content to the Sites or any Herbax USA, LLC Party. Herbax USA, LLC does not accept unsolicited User Content, including, without limitation, for products, services, websites or features. We wish to avoid any misunderstandings when projects developed by or on behalf of Herbax USA, LLC may seem to others to be similar to their own creative ideas or materials. Therefore, please do not make any such unsolicited User Content to Herbax USA, LLC through the Sites, including Community Forums, by e-mail, or otherwise. However, if you decide to make any such unsolicited Submission, you agree to grant to Herbax USA, LLC the right and license to your Submission as set forth in the Section above.
USER INTERACTIONS AND DISPUTES
You are solely responsible for your interaction with other users of the Sites, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.
USER CONTENT POLICY
When you contribute, upload or otherwise provide User Content to the Sites, you agree to comply with the following requirements:
- User Content must be your own. All User Content must be created and owned by you or in the public domain; OR, all persons who contributed in any way or have any rights to your User Content or otherwise appear in the User Content have given you permission to upload and distribute the User Content on the Sites and elsewhere. Upon Herbax USA, LLC’s request, you will furnish Herbax USA, LLC any documentation, substantiation or releases necessary to verify your compliance with these Terms.
- No pictures or images of anyone but you and your friends and family. If you choose to upload photos to the Sites, link to embedded videos, or include other images of real people, make sure they are of you or of you and someone you know and that you have their express permission to post it.
- No third party materials. Your User Content should not contain any visible logos, phrases or trademarks or other third party materials. Do not use or submit any User Content that belongs to another person without that person’s permission (e.g., including uploading content found elsewhere on the Internet).
- No music please. Your User Content may not contain any music unless you wrote and perform it or you have all rights to the work, including any performances. No jingles, sampling, or otherwise, using existing music.
- Keep User Content relevant. Your User Content should relate to the content on the Sites and should be intended to add to the discussion on the Sites – it should not include irrelevant topics or postings.
- Follow codes of social decency. Be respectful. Do not make personal attacks. Express yourself with non-offensive individual self-expression. Cursing, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited. Your User Content may not threaten, abuse or harm others. Your User Content may not include any negative comments that are connected to race, national origin, gender, sexual preference or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit. If you think your User Content might offend someone, chances are that it will – so it does not belong on the Sites.
- Do not use the Sites for commercial purposes. Your User Content may not advertise or promote a product or service except those provided on the Sites. You may not use your User Content to raise money for anyone or for a pyramid or other multi-tiered marketing scheme.
- No User Content that is violent, illegal or inappropriate. Your User Content must not violate any law. Your User Content may not promote any illegal activity and your User Content may not promote violence nor describe how to perform a violent act. If you do upload or post User Content that are illegal, violent in nature, or otherwise inappropriate, we reserve the right to take any action that we deem appropriate, in our sole discretion, including reporting you to law enforcement.
- Represent yourself truthfully. Do not impersonate any other person, user or company or upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person, Herbax USA, LLC or any other company.
- Keep private information private. Remember that Community Forums are public and User Content will be accessible and viewable by other users. Do not post personal information about yourself or any other person (for example, never reveal passwords, phone numbers, street addresses, credit card numbers, e-mail address, or any information that may be used to track, contact, or impersonate an individual, or which is personal in nature). If there is something you do not want the world to see, do not post it on the Sites.
- Use caution when interacting with others. You are solely responsible for your interaction with other users of the Sites, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Please exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.
- Don’t damage the Sites or anyone’s computers. User Content may not contain viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Sites or any computer system.
In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
MEMBERSHIP & REGISTRATION
Certain areas of the Sites may require registration or may otherwise ask or require you to provide information to participate. When you choose to provide information to the Sites, you agree to provide only true, accurate, current and complete information.
If you register with us, you agree to be responsible for any activities that occur under your account or password, and you agree you will not sell or otherwise transfer your membership or any membership rights. Herbax USA, LLC reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability.
You must keep your password secret and not give it to anyone else or let them use your account. You must not use anyone else’s password or account. You must inform us immediately if you suspect any unauthorized use of or access to your password or account. We will not be responsible if you suffer any harm or loss because you do not keep your password secret, if you let someone else use your account, if you use someone else’s password or account, or if you become aware of or suspect unauthorized use of your password or account but do not tell us promptly.
You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Sites. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Sites, including, without limitation, those governing your transmission or use of any software or data. By providing us with your contact information, you agree and consent to receive communications from us at such contact information. You understand that you do not have to consent to receive text messages in order to purchase any product or service, but that if you provide your mobile phone number, you consent and agree to receive text messages sent by us or our third-party service providers, which may be sent using an automated telephone dialing system, and that message and data rates may apply.
THIRD PARTY LINKS, CONTENT AND APPLICATIONS
The Sites may provide links to certain web sites, services, and features provided by third parties (including third party stores selling products made by Herbax USA, LLC Brand). The Sites also may include third party content that we do not control, maintain or endorse. We do not control any of these third party sites or any of their content. Accordingly, you expressly acknowledge and agree that we are not responsible or liable for your use of any third party sites or online features. Your use of such services is subject to the terms and conditions established by such third parties. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SITE INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
You may choose, at your sole and absolute discretion and risk, to use applications that enable interactions between the Sites and a third-party website or online service (each, an “Application”), such as linking your profile on any of the Sites with a third-party website or enabling you to “like” a product on the Sites or “share” content to other web sites. Such Application may interact with, connect to or gather and/or pull information from and to your Site profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your Site accounts, you are consenting to the information about your account being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Herbax USA, LLC has not provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold Herbax USA, LLC harmless for the sharing of information relating to your Site accounts that results from your use of an Application. You must read all log-in boxes and other pop-up boxes closely for notices about sharing your account information with, through or by any other means identified on an Application.
Herbax USA, LLC grants you the revocable permission to link to the Sites; provided, however, that any link to the Sites: (a) must not frame or create a browser or border environment around any of the content on the Sites or otherwise mirror any part of the Sites; (b) must not create the false impression that Herbax USA, LLC, any Herbax USA, LLC Brand, or the Site you link to is endorsing or sponsoring any third party or its products or services, unless Pharmavite has given the third party prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in Herbax USA, LLC’s sole opinion, harm Herbax USA, LLC or its products or services; (d) must not use anyHerbax USA, LLC trademarks without the prior written permission from Herbax USA, LLC ; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Herbax USA, LLC’s sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Sites, you agree that you do and will continue to comply with the above linking requirements.
Notwithstanding anything to the contrary contained in these Terms, Herbax USA, LLC reserves the right to prohibit linking to the Sites for any reason in our sole and absolute discretion.
The Sites may offer features and services that are available to you via your mobile phone or other mobile device. These features and services may include, without limitation, the ability to view Site Content, upload content to the Sites, receive SMS or MMS messages from the Sites, download applications to your mobile phone or access other content (collectively, the “Mobile Features”). We may charge for Mobile Features and these charges will be disclosed prior to completion of registration for the Mobile Feature. Also, standard messaging, data and other fees may be charged by your carrier. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. As applicable, instructions regarding how to opt-out of Mobile Features will be disclosed in connection with Mobile Features.
DISCLAIMER OF WARRANTIES
THE SITES (INCLUDING, WITHOUT LIMITATION, THE SITE CONTENT) IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE HERBAX USA, LLC PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. THE HERBAX USA, LLC PARTIES DO NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE HERBAX USA, LLC PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, THE HERBAX USA, LLC PARTIES DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE HERBAX USA, LLC PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL INTERNET ACCESS SERVICES, DEVICE HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF ANY HERBAX USA, LLC PARTY, WHETHER MADE ON THE SITE, IN RESPONSE TO A QUESTION SUBMITTED ON OR THROUGH THE SITE, OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
YOU UNDERSTAND THAT BY USING THE SITE YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN THE JURISDICTION(S) WHERE YOU ACCESS OR USE THE SITE. THE HERBAX USA, LLC PARTIES NEITHER ENDORSE NOR ARE RESPONSIBLE FOR ANY OPINION, ADVICE, INFORMATION, STATEMENT, OR USER CONTENT MADE OR DISPLAYED ON THE SITE BY THIRD PARTIES (INCLUDING ANY USER OF THE SITE) AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM SUCH CONTENT OBTAINED ON OR THROUGH THE SITE. PLEASE REMEMBER THAT IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND RELIABILITY OF ANY OPINION, ADVICE, INFORMATION OR STATEMENT AVAILABLE ON THE SITE. A POSSIBILITY EXISTS THAT THE SITE COULD INCLUDE INACCURACIES OR ERRORS. ADDITIONALLY, A POSSIBILITY EXISTS THAT UNAUTHORIZED ALTERATIONS COULD BE MADE TO THE SITE BY THIRD PARTIES. ALTHOUGH WE ATTEMPT TO ENSURE THE INTEGRITY OF THE SITE, THE HERBAX USA, LLC PARTIES MAKE NO GUARANTEES AS TO THE SITE’S COMPLETENESS OR CORRECTNESS.
LIMITATION OF LIABILITY; WAIVER
UNDER NO CIRCUMSTANCES WILL THE HERBAX USA, LLC PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) ARISING OUT OF OR RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO: (A) THE SITE (INCLUDING, WITHOUT LIMITATION, ALL SITE CONTENT); (B) USER CONTENT; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE HERBAX USA, LLC PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SITE’S TECHNICAL OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE HERBAX USA, LLC PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE SITE). IN NO EVENT WILL THE HERBAX USA, LLC PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE SITE IS TO STOP USING THE SITE, AND THE SOLE AND EXCLUSIVE MAXIMUM AGGREGATE LIABILITY OF THE HERBAX USA, LLC PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL BE THE GREATER OF TEN DOLLARS ($10.00) OR THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF HERBAX USA, LLC’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION THE SITES OR ANY HERBAX USA, LLC WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER SITE CONTENT OWNED OR CONTROLLED BY THE HERBAX USA, LLC PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE SITE OR ANY HERBAX USA, LLC WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER SITE CONTENT OWNED OR CONTROLLED BY THE HERBAX USA, LLC PARTIES.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
In its sole discretion, Herbax USA, LLC reserves the right to terminate, suspend, or block your access to and use of the Sites, without notice and liability, for any reason, including, without limitation, if Herbax USA, LLC believes your conduct fails to conform with these Terms. Herbax USA, LLC also reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any e-mails you send to the Sites or Herbax USA, LLC . Any violation of these Terms may be referred to law enforcement authorities. Any provision of these Terms, which by its terms, ought to survive, shall survive any termination of these Terms.
LOCATION OF SITE AND TERRITORIAL RESTRICTIONS
Unless otherwise specified, the Sites are presented solely for, and any coupons, promotions and programs are offered only to, residents of the United States of America, the U.S. Virgin Islands, Puerto Rico and Guam.
The information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Herbax USA, LLC to any registration requirement within such jurisdiction or country. Herbax USA, LLC controls and operates the Sites from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Sites are appropriate for use or access in other locations. Anyone using or accessing the Sites from other locations does so on their own initiative and is responsible for compliance with United States’ and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Sites or any portion of the Sites, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide, and to offer different products or prices based on geographic area.
Software related to or made available by the Sites may be subject to United States export controls. Thus, no software from the Sites may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
DISPUTES AND ARBITRATION
Any dispute you have with Herbax USA, LLC should be submitted to Herbax USA, LLC Consumer Affairs Department within thirty days of the event giving rise to the dispute. The Consumer Affairs Department can be contacted via mail at: 3001 E. Charleston Blvd., Ste. C Las Vegas, NV 89104, Attention: Consumer Affairs Department via email at: firstname.lastname@example.org Please allow at least thirty (30) days for Herbax USA, LLC to address your complaint prior to taking further action.
Except for disputes relating to the infringement of your or Herbax USA, LLC’s intellectual property (such as trademarks, trade dress, copyright and patents) or where you or Herbax USA, LLC are seeking a preliminary injunction (“Excluded Disputes”), you agree that all disputes between you and Herbax USA, LLC (whether or not such dispute involves a third party) with regard to these Terms, your use of the Sites, your purchase of any Herbax USA, LLC Brand product, or any Herbax USA, LLC Brand advertisement or promotion, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you hereby expressly waive trial by jury. Neither you nor Herbax USA, LLC will participate in a class action or class-wide arbitration for any claims covered by this agreement.
THE SUBSTANTIVE LAWS (AS DISTINGUISHED FROM THE CHOICE OF LAW RULES) OF THE STATE OF CALIFORNIA SHALL GOVERN THE VALIDITY AND INTERPRETATION OF THESE TERMS AND ALL CAUSES OF ACTION (WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THESE TERMS OR THE TERMINATION OF THESE TERMS. THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE, SHALL NOT APPLY.
You agree that any action at law or in equity relating to the arbitration provision of these Terms or the Excluded Disputes will be filed only in the state or federal courts located in Las Vegas, NV and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
If any provision of these Terms if held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction or during an arbitration per the arbitration terms above, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Herbax USA, LLC reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Herbax USA, LLC .
OUR RIGHT TO UPDATE THESE TERMS
Herbax USA, LLC reserves the right to modify or add to these Terms at any time without prior notice (“Updated Terms“). You agree that we may notify you of the Updated Terms by posting them on the Sites so that they are accessible via a link on the home page, and that your use of the Sites after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the Sites. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Sites from that point forward.
You may contact us by clicking “Contact Us” or a similar link on a Site or using other contact information provided on a Site.