By using the Site, or disclosing to us any personal information: (i) you agree that you have read and understand the terms of this Agreement, (ii) you accept and agree to be bound by the terms of this Agreement, and (iii) you accept and agree to abide by all laws and regulations applicable to the subject matter of this Agreement.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THE SITE, OR DISCLOSE TO US ANY PERSONAL INFORMATION.
RISK OF LOSS/TITLE TRANSFER:
All purchases of products are made pursuant to the respective INCOTERMS designated upon order placement. Title for any products purchased by you will transfer upon our delivery to the carrier.
Not Healthcare Advice
The Site is not intended to provide diagnosis, treatment or medical advice. Products, services, information and other content provided on the Site, including information that may be provided on the Site directly or by linking to third-party websites are provided for informational purposes only.
Please consult with a physician or other healthcare professional regarding any medical or health related diagnosis or treatment options.
Information provided on the Site and linked websites, including information relating to medical and health conditions, treatments and products may be provided in summary form.
Information on the Site including any product label or packaging should not be considered as a substitute for advice from a healthcare professional.
The Site does not recommend self-management of health issues. Information on the Site is not comprehensive and does not cover all diseases, ailments, physical conditions or their treatment. Contact your healthcare professional promptly should you have any health related questions. Never disregard or delay medical advice based upon information you may have read on the Site.
Links to or access from any third party websites or resources is not an endorsement of any information, product or service. We are not responsible for the content or performance of any third party websites. Use of any third party websites is at your own risk.
You should not use the information or services on the Site to diagnose or treat any health issues or for prescription of any medication or other treatment. You should always consult with your healthcare professional and read information provided by the product manufacturer and any product label or packaging, prior to using any medication, nutritional, herbal or homeopathic product or before beginning any exercise or diet program or starting any treatment for a health issue.
Individuals are different and may react differently to different products. You should consult your physician about interactions between medications you are taking and nutritional supplements.
Comments made in any forums on the Site by employees or Site users are strictly their own personal views made in their own personal capacity and are not claims made by us or do they represent the our positions or views.
Product ratings by any current or previous employees or Site users are strictly their own personal views made in their own personal capacity and are not intended as a substitute for appropriate medical care or advice from a healthcare professional.
Always check the product label or packaging prior to using any product. If there are discrepancies, customers should follow the information provided on the product label or packaging. You should contact the manufacturer directly for clarification as to product labeling and packaging details and recommended use.
We are not liable for any information provided on the Site with regard to recommendations regarding supplements for any health purposes. The products or claims made about specific nutrients or products have not been evaluated by the Food and Drug Administration. Dietary products are not intended to treat, prevent or cure disease.
Consult with a healthcare professional before starting any diet, supplement or exercise program. We make no guarantee or warranty with respect to any products or services sold. We are not responsible for any damages for information or services provided even if we have been advised of the possibility of damages.
By using our Site, you represent and agree that you are at least 18 years of age or older and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in this Agreement; otherwise, please exit the Site.
The Site is not intended or designed to attract users under the age of 18. We do not collect personal information from any person we know to be under the age of 18. If you are under the age of 18, you are not permitted to disclose or send to us any personal information.
The Site is operated from the United States and personal information sent to us is governed by the privacy policies of the United States. We make no representation that the Site or its content (including, without limitation, any products or services available on or through the Site) are appropriate or available for use in other locations.
If you access the Site from outside the United States of America you do so on your own initiative and must bear all responsibility for compliance with applicable local laws. You agree you will not use the Site content or products in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Site Usage & Termination
You are required to establish an account on the Site in order to use certain features, such as making a purchase. You agree to provide accurate, true, complete and current information about yourself as prompted by the Site and to promptly update such information to maintain accurate, true, complete and current information.
If you provide any inaccurate, false, incomplete or outdated information or we in our sole discretion suspect that such information is inaccurate, false, incomplete or outdated, we reserve the right to suspend or terminate your account and prohibit any and all current or future use of the Site or any portion thereof by you.
During the registration process you will create a username and password. You are responsible for the confidentiality of your account and password and are fully responsible for all activities that occur under your account or password. You agree to immediately notify us of any unauthorized use of your account or password or any other security breach and to ensure that you exit from your account at the end of each session.
You agree to be responsible for all charges resulting from the use of your account on the Site including charges resulting from unauthorized use of your account. We are not liable for any loss or damage resulting from your failure to comply with this section.
You agree to use the Site for lawful purposes and that you are responsible for your use of and communications on the Site. You agree not to post on or transmit through the Site any unlawful, infringing, defamatory, obscene, indecent, threatening, offensive or otherwise objectionable material of any kind including any material that encourages illegal conduct or conduct that would encourage civil liability, infringe on other’s intellectual property rights or otherwise violates any applicable local, state, national or international law.
You agree not to use the Site in a manner that would interfere with normal operation or infringe on any others use of the Site.
You agree not to access the Site by any means other than the interface we provide.
Displaying or running the Site or any information or material displayed on the Site in frames or through similar means on another website without our prior authorization is prohibited. Any permitted links to the Site must comply with all applicable laws, rules and regulations.
We make no representation that Materials contained on the Site or that products described or offered on the Site are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Users of the Site outside the United States do so at their own initiative and risk and are responsible for complying with all applicable laws and regulations.
You agree not to access the Site from any location or territory where its contents are illegal and that you and not us, are responsible for compliance with all applicable laws and regulations.
This Agreement is effective until terminated by either us or you. We, in our sole discretion, may suspend or terminate this Agreement at any time without notice and deny you access to the Site or any portion of it.
You may terminate this Agreement at any time by contacting us and discontinuing all use of the Site.
We reserve the right to modify or discontinue, temporarily or permanently, the Site or any portion of it with or without notice. We are not liable to you or to any third party for any modification, suspension or discontinuation of the Site.
We reserve the right to terminate any account if your order is deemed fraudulent or credit card charges are disputed. You agree that we may terminate or suspend your access to all or part of the Site, with or without notice, for any conduct that we, in our sole discretion, believes is in violation of any part of this Agreement, laws or regulations or is harmful to another user or us or our affiliates.
The following shall survive any termination of the Agreement either by us or you; Privacy, Liability Disclaimer, Severability; Interpretation, and Miscellaneous.
User Content and Conduct
Where applicable at the Site, you may post your own content (“User Content”). You understand that you are solely responsible for any content you post to the Site.
You alone assume all risks associated with your content including anyone’s reliance on its accuracy, truthfulness or reliability or any disclosure by you of information in your content that makes you identifiable.
Once published, your content may not be able to be withdrawn. You may not imply that your content is endorsed by us. You may expose yourself to liability if your content is false, defamatory, intentionally misleading, violates any third-party right including copyright, trademark, patent, trade secret, privacy right, right of publicity or any other intellectual property or proprietary right or is unlawful or violates or advocates the violation of any law or regulation.
We cannot guarantee that your content will not be misused by other users. If you have information you want to keep confidential and/or do not want others to use, do not post it to the Site. We will not be liable for any user content, including, any errors or omissions, or any loss or damage incurred as the result of the use of any user content in any manner posted to the Site. We are not responsible for any user’s use or misappropriation of any content you post to the Site.
By posting user content to the Site, you hereby grant (or warrant that the owner of such rights has expressly granted) us perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, host, store, reproduce, adapt, publish translate, edit, sub-license, modify, create derivative works from, communicate, publish, publicly display and distribute such content or incorporate such content into any form.
The foregoing grant includes, without any limitation, any copyrights and other intellectual property rights in and to your user content. You represent and warrant that the content you posted does not violate the privacy or publicity rights, copyrights, contract rights or any other rights including moral rights of any person. You agree to pay for all royalties, fees and any other amounts owed to any person by reason of any content you posted to the Site. This license continues even if you stop using our Site.
You understand that we may preserve user content and may disclose user content if required to do so by law or in good faith belief that such preservation or disclosure is reasonably necessary to comply with the legal process, enforce this Agreement, respond to claims that any user content violates the rights of third-parties, or protect the rights, property or personal safety of us, our users and the public. You understand that the technical processing and transmission of the Site, including your user content, may require transmitting over different networks and changes to conform to technical requirements of connecting devices or networks.
Your content postings are voluntary including ideas, opinions and disclosures. There is no confidential or contractual relationship established by posting your content or review or use of your content. We are not liable for any disclosure of any user content including opinions or suggestions you post to the Site. We are entitled to unrestricted use of any user content it may receive, for any purpose, commercial or otherwise, without compensation to you as the content provider.
You agree not to use the Site to:
We will terminate the account and/or block Site users who violate the intellectual property rights of any person on the Site. You understand that by using the Site you may be exposed to other’s user content that is indecent or otherwise objectionable.
We do not endorse or have control over user content. User content is not reviewed by us prior to posting and does not reflect our opinions. We make no representations or warranties express or implied with regard to the accuracy or reliability of user content or any other material or information you may obtain from the Site.
We are not responsible for monitoring the Site for inappropriate user content or conduct. If at any time we choose, in our sole discretion, to monitor the Site, we nonetheless assume no responsibility for the user content, have no obligation to modify or remove any inappropriate user content, and have no responsibility for the conduct of the Site users submitting any such user content.
Notwithstanding the foregoing, we reserve the right to remove any user content that violates this Agreement or is otherwise objectionable, in our sole discretion. You agree that you must evaluate, and bear all the risks that are associated with the use of any user content, including reliance on accuracy, completeness or usefulness of such content. In this regard, you acknowledge you may not rely on any user content.
You are solely responsible for your interactions with other Site users. We, in our sole discretion, have the right but are under no obligation to monitor communications between you and other Site users and to terminate your Site access.
You agree to indemnify us for any and all third party claims, damages, losses, liability and causes of action in any way arising from or as a result of your posting any content or materials or your failure to comply with this Agreement.
You agree to cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will still be required to indemnify us for the attorney fees and expenses in addition to any losses, claims, damages and liabilities incurred by us.
We do not and cannot review all communications and content users post or upload to the interactive areas of the Site. We are not responsible for any of the content of these communications or materials posted or uploaded to the Site.
We reserve the right to block, move, delete, edit in whole or in part, any content submitted by you to the Site that we determine to be fraudulent, deceptive, misleading, abusive, obscene, defamatory or a violation of a copyright, trademark or other intellectual property right of another or otherwise unacceptable to us in our sole discretion.
Any content posted to interactive areas of the Site should not be construed as professional healthcare advice or instruction.
You agree to indemnify, defend and hold harmless Herballed from and against all losses, expenses, costs and damages including attorney’s fees resulting from your use of or contact on the Site, your use or your inability to use the Site or services, any products or services purchased or obtained by you in connection with the Site, any Site postings or activity related to your account made by you or another person, your violation of any terms of this Agreement, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
You agree to cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will still be required to indemnify us for the attorney fees and expenses in addition to any losses, claims, damages and liabilities incurred by us. You shall not in any event settle any matter without prior written consent of Herballed.
Copyright, Trademarks and other Intellectual Property
You acknowledge that all materials on the Site the Reviews and Rewards Programs, including the Site’s design, text, graphics, sounds, pictures, software and other files and the selection and arrangement thereof, (collectively, “Materials”), are our property and are subject to and protected by United States and international copyright and other intellectual property laws and rights.
The trademarks, service marks, trade names, and logos (collectively, “Marks”) contained on the Site, including without limitation Herballed® are the sole property of Herballed and may not be copied or otherwise used, in whole or in part without the prior written authorization of Herballed.
In addition all page headers, custom graphics and custom icons are Marks of Herballed and may not be copied or otherwise used, in whole or in part without the prior written authorization of Herballed.
Other copyrights, trademarks, product names, company names, logos or intellectual property are the property of the respective owners with all rights reserved. Any use of any Materials or Marks owned by Herballed is considered an infringement or our intellectual property rights (including patent rights) and will be legally pursued as such.
This Agreement constitutes the only Agreement between us and you with respect to the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement
If any provision of this Agreement is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remainder of this Agreement will remain in force. When used in this Agreement, the term “including” will be deemed to be followed by the words “without limitation”.
Applicable Law; Jurisdiction; Dispute Resolution and Class Waiver
All questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by and construed in accordance with the domestic laws of the State of California (or laws of the EU but only to the extent any questions of interpretation of this Agreement directly relate to the services provided by Natural-E, Canada), without giving effect to any choice of law or conflict of law.
To the fullest extent permitted by law, you and Herballed Entities agree to arbitrate any controversy, claim or dispute arising out of or in any way related to this Agreement.
YOU AND HERBALLED ENTITIES EXPRESSLY AGREE TO ARBITRATE ANY CONTROVERSY, CLAIM OR DISPUTE ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT IN YOUR AND ITS/THEIR INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL OR ENTITY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
The mutual promise by you and Herballed Entities to arbitrate any and all disputes, and to do so on an individual basis, rather than to litigate before the courts or other bodies, provides the mutual consideration for this agreement to arbitrate.
Either party may exercise the right to arbitrate by providing the other party with written notice of any and all claims forming the basis of such right in sufficient detail to inform the other party of the substance of such claims.
In no event shall the request for arbitration be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations.
The arbitration will be conducted in Riverside County, California by a single neutral arbitrator and in accordance with the then current rules for resolution of disputes of the American Arbitration Association (AAA) (available on line at www.adr.org). The parties are entitled to representation by an attorney or other representative of their choosing. The parties agree to abide by and perform any award rendered by the arbitrator. The arbitrator shall issue the award in writing and therein state the essential findings and conclusions on which the award is based. Judgment on the award may be entered in any court having jurisdiction thereof.
You and Herballed Entities shall bear the costs of the arbitrator, forum and filing fees on an equal basis. The prevailing party, as determined by the arbitrator, shall be entitled to an award of its reasonable attorney fees.
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure of the benefit of and be enforceable against the parties and their respective successors and assigns.
The failure of the Herballed to enforce your strict performance of any term of this Agreement will not constitute a waiver of such term and will not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or will be permanently barred.
The “Liability Disclaimer” provisions of this Agreement are for the benefit of Herballed Entities as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against your on its own behalf.