Last updated: 5/10/2021
You represent that you are at least 18 years of age (or the age of majority in the State in which you reside). If you are under the age of 18 (or the age of majority in the State in which you reside), this Site is not intended for you and you may not use this Site.
You may be required to create an account with Herbal Brands (“Account”) to access certain content and services on the Site. You are not permitted to share, sell, distribute or otherwise transfer your Account or allow your login credentials to be used by any other individual. Herbal Brands may terminate your Account and suspend your use of the Site for any reason or no reason, without prior notice to you, including but not limited to if Herbal Brands suspects that your Account is being used in an unauthorized manner.
The Site, including all information, services, images, logos, trademarks, graphics, software, and other content made available by Herbal Brands on the Site (collectively, the “Site Content”) are the sole property of Herbal Brands, its affiliates or their licensors and are protected by copyright and other laws, both in the United States and in other countries. You may not reproduce, modify, republish, distribute, resell, broadcast, reverse-engineer, create derivative works from or otherwise exploit in any manner, in whole or in part, the Site Content, except to the extent expressly permitted by Herbal Brands. You may download and copy Site Content made available to you on the Site for your personal and noncommercial use, provided that you keep intact any copyright or other proprietary notices displayed therein. Except for this limited license, Herbal Brands does not convey any interest in or to the Site Content. All rights not expressly granted herein are reserved by Herbal Brands, its affiliates and their licensors.
Digital Millennium Copyright Act
Herbal Brands endeavors to observe the requirements of the Digital Millennium Copyright Act. In the event you believe that any Site Content infringes your copyright or other intellectual property right, you may notify our designated agent by email at MHomyk@BlankRome.com or at the following mailing address:
Attn: Matt Homyk- DMCA Complaint
One Logan Square
Philadepphia, PA 19103-6998
You must include the following information in your complaint:
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing with respect to the Site;
- your email address, mailing address and telephone number;
- a statement by you that you have a good faith belief that the use of the material on the Site is not authorized by the copyright owner, the copyright owner’s agent or law;
- a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- an electronic or physical signature of the copyright owner or person authorized to act on behalf of the copyright owner.
To the extent you submit any content to the Site, Herbal Brands cannot and does not guarantee that your User Material will not be misused by other Users. You are solely responsible and assume all risks associated with any User Material you submit or that is submitted through your Account.
Please keep in mind that whenever you voluntarily disclose personal information online - in the optional fields in your profile, through email, or in areas of the Site - that information may be accessible to other users of the Site or may be made public. Please do not post or add personal data to your profile or elsewhere on the Site that you would not want to be publicly available.
Acceptable Use Policy
The Site and its content are provided on an "as is" and “as available” basis. Herbal Brands makes no representations or warranties of any kind regarding: (1) the SITE content, including but not limited to (A) the accuracy, completeness, security, availability or timeliness of The SITE content, or (B) the results obtained OR TO BE OBTAINED from The SITE CONTENT; or (2) the absence of any malware or other harmful code on The SITE or within any Site content. Herbal Brands, its affiliates and licensors disclaim all warranties, express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement and fitness for a particular purpose.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND ACCORDINGLY, THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE A CONSUMER, ANY STATUTORY RIGHTS THAT CANNOT BE WAIVED BY YOU ARE UNAFFECTED BY THIS SECTION.
Limitation of Liability
In no event will Herbal Brands, its affiliates or licensors be liable to you for any direct, incidental, indirect, exemplary, punitive, special, or consequential damages, OR lost revenues or profits, arising out of or related to your use OF the Site, whether based on warranty, contract, tort, delict or any other legal theory and whether or not Herbal Brands has been advised of the possibility of such damages.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, Herbal Brands’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE maximum EXTENT PERMITTED BY THE LAWs OF SUCH JURISDICTION.
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 Delaware without giving effect to any choice of law or conflict of law.
Arbitration Agreement and Class Action Waiver
- Mandatory Arbitration. YOU AND HERBAL BRANDS AGREE TO SUBMIT ANY AND ALL DISPUTES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE (each, a “Dispute”) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement (“Arbitration Agreement”). You and Herbal Brands waive the right to a trial by jury and any right to have a Dispute heard in court.
In arbitration, Disputes are resolved by a neutral arbitrator instead of a judge or jury, discovery is more limited than in court, and the arbitrator's decision is subject to limited review by courts. The arbitrator can award on an individual basis the same damages and relief as a court, including monetary damages, injunctive relief, and declaratory relief. Judgment on the arbitrator's award may be entered in any court having jurisdiction thereof. A single arbitrator with the American Arbitration Association ("AAA") will conduct the arbitration, and the award may not exceed the relief allowed by applicable law. The arbitration will be conducted in the county of your residence or another mutually agreed location. The AAA's Consumer Arbitration Rules will apply. If AAA will not apply those rules, then AAA's Commercial Arbitration Rules will apply. The AAA's rules and a form that can be used to initiate arbitration proceedings are available at http://www.adr.org. You and Herbal Brands agree that if for any reason AAA will not conduct or becomes unavailable to conduct the arbitration, then a court may appoint a substitute arbitrator, and further agree that the choice of AAA as a forum is not integral to the Arbitration Agreement.
- Arbitration Class Action Waiver. You and Herbal Brands agree that the arbitration will be conducted solely on an individual basis and not on a class, representative, consolidated, or private attorney general basis. A Dispute may not be consolidated with a claim brought or discovery by any person or entity that is not a party to the arbitration proceeding. The arbitrator may not award relief to any person or entity other than a party to the arbitration proceeding and may only award such relief as is necessary to provide relief to a party to the arbitration proceeding. If a court deems any portion of this Section 2 invalid or unenforceable, then Sections 1 and 3 of this Arbitration Agreement will be null and void.
- Fees and Costs in Arbitration. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Herbal Brands will reimburse you for those fees up to $7,500, unless the arbitrator determines the claims are frivolous. Likewise, Herbal Brands will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
- Non-Arbitration Class Action and Jury Waiver. You and Herbal Brands agree that if for any reason a Dispute proceeds in court rather than arbitration: (1) you and Herbal Brands waive any right to a jury trial; (2) the Dispute will proceed solely on an individual, non-class, non-representative basis; and (3) neither you nor Herbal Brands may be a class representative or class member or otherwise participate in any class, representative, consolidated, or private attorney general proceeding.
Electronic Communications. These Terms and any other documentation, agreements, notices, or communications between you and Herbal Brands may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
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