The following sets forth the terms and conditions that apply to the use by you of this website and any product offered for sale by Herbal Groups (“HG”).
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE DISCLAIMERS, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR PURCHASE PRODUCTS FROM THIS WEBSITE.
HG may amend these terms and conditions by posting on this website a revised version of this Agreement or by notification of its customers by electronic mail. Any use by you of this website after such amendment shall conclusively be deemed to be acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions.
Customer Service
All Customer Service inquiries for products advertised on this site should be directed to Herbal Groups Inc. 15805 Stagg St., Van Nuys, CA 91406. 1-818-700-0424. You can also contact us via e-mail at [email protected].
1. Use of the HG Sites.
A.
All intellectual property and other content included on and in association with this site, including without limitation, text, graphics, logos, button icons, images, digital downloads and data compilations used by this website is the property of HG or its content suppliers and protected by the intellectual property and property laws of the United States.
B.
HG grants you a revocable nonexclusive limited license to access and make personal (non-commercial) use of this website. This limited license does not authorize you to download (other than page caching) or modify it, or any portion of it, except with express written consent of HG. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of HG. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of HG and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing HG’s name, logo, product names or trademarks without the express written consent of HG. Any unauthorized use terminates any and all permissions and licenses granted to you by HG. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of HG so long as the link does not portray HG, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any HG logo or other proprietary graphic or trademark as part of the link without express written permission. You may not link to this website in any manner from any website that is in violation of any applicable law or which violates any party’s intellectual property rights.
C.
The HG Sites may contain links to other Web sites, resources and advertisers. HG does not endorse, nor is it responsible for the contents, advertising, products or other materials made available on or through such external sites. Under no circumstances shall HG be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site’s administrator or webmaster.
D.
HG reserves the right to terminate your right and the right of any person at your IP address to access this site at any time with or without cause
E.
The HG Sites may contain links to other Web sites, resources and advertisers. HG does not endorse, nor is it responsible for the contents, advertising, products or other materials made available on or through such external sites. Under no circumstances shall HG be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site’s administrator or webmaster.
2. Customers are advised to Consult Their Physician
A.
It is recommended that you consult with your personal physician or other health provider before taking any herbal supplements. The information contained in this website is provided for informational purposes only and is intended to provide users with a general understanding of the products offered herein. The Information should not be considered complete and does not cover all health issues. HG does not recommend the self-management of health issues nor does it endorse any particular type of medical treatment. The Information should not be used in place of a visit with, call to, consultation or advice from your physician or other health care provider. 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. You should not conclude by virtue of something you have read on this website that you do not need to consult a health care professional. Never disregard medical advice or delay in seeking medical advice or treatment as a result of something you read on this website. The Information contained in this website is not a substitute for professional medical advice and nothing contained on this website is intended to be medical advice or instructional for medical diagnosis or treatment.
To view our entire product lines or for easy online ordering and re-ordering of any product, please visit www.HerbalGroups.com.
Your complete satisfaction is guaranteed or your money back. If for any reason you are not completely satisfied, you may return the product(s) at any time for a full refund of the purchase price, less shipping and handling within 60 days of purchase. Prices are subject to change for any reason.
3. Risk of Loss; Shipping Charges; Taxes
A.
The risk of loss and title for items purchased at this website pass to you upon HG’s delivery to the carrier.
B.
Separate charges for shipping and handling will be shown on the HG online invoice, as applicable.
C.
To the extent HG is required to remit sales or use taxes as a result of a sale to Customer, Customer agrees to be responsible for such sales or use taxes.
D.
HG and its affiliates attempt to be as accurate as possible. However, HG does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by HG itself is not as described, your sole remedy is to return it for a full refund.
4. Disclaimer of Warranty; Limitation of Liability
A. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
B. HG DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS FOR ANY REASON. HG WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
C. HG DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM HG ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HG WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
D. ANY LIABILITY OF HG, INCLUDING, WITHOUT LIMITATION, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, OR DEFECT, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OR ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT OF THE PURCHASE PRICE PAID BY, OR ON BEHALF OF, THE CUSTOMER TO THE COMPANY FOR THE PRODUCT(S).
E. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU IN WHOLE OR PART.
5. Indemnification .
A. You agree to defend, indemnify and hold harmless HG, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use by you of this website in violation of these Terms and Conditions.
6. Trademarks
A.
All trademarks appearing on the HG Sites are the property of their respective owners, including, in some instances, HG, and/or affiliated companies.
7. Modification of Terms
A. HG shall have the right at any time to impose, change or modify its fees and billing methods, or other terms and conditions applicable to the HG Products. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the HG Sites a revised version of this Agreement or notification by electronic or conventional mail. Any purchase of an HG product after such notice shall conclusively be deemed to constitute acceptance by Customer of such changes, modifications, additions or deletions. Customer agrees to review the terms and conditions periodically to be aware of such revisions.
8. Age of Majority
A. No persons under the age of eighteen (18) years (twenty-one (21) in jurisdictions where eighteen (18) years is not the age of majority) may directly place any orders for any goods or services advertised at, in or through the hg website. By placing an order with HG, you are representing and warranting that you are over the age of eighteen (18).
9. Use of Information
A. As an accommodation to our customers, you hereby grant Company the authority to contact you by direct mail, email, or telephone with information and offers regarding our products. In addition, you may be contacted by our marketing partners for special offers on amazing products. Company shall comply will all applicable laws pertaining to such contacts including without limitation the Can-Spam Act of 2003. You may advise Company at any time that you do not wish to receive these offers and your contact information shall be removed from the list of customers to receive such materials.
Please be aware that the Can-Spam Act contains certain safe harbors if the customer has provided “affirmative consent” to the email solicitation. While the law is still new, it is likely that a consent in the Terms and Conditions would not be considered “affirmative consent” which requires that the recipient expressly consented to receive the message, either in response to a clear and conspicuous request for such consent or at the recipient’s own initiative. Accordingly, it is recommended that a clear and conspicuous opt-in box be included.
Your privacy is important to us. We will never trade, lease or sell your e-mail address information. Occasionally we or one of our marketing partners may contact you about new and exciting special offers. If you are contacted and do not want to be contacted further, simply call 1-800-434-7129 or e-mail [email protected] to contact our customer service department. We may, however, use third parties to help us provide services to you, such as fulfilling orders, processing payments, monitoring site activity, conducting surveys, and administering e-mails. If personally identifiable information (i.e. name, address, e-mail address, telephone number) is provided to any of these third parties, we will require that such information be maintained by them in strictest confidence.
10. Miscellaneous
A. These terms and conditions may not be altered, supplemented, or amended by the use of any other document(s) without the express written consent of HG. Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and HG.
B. By ordering any product from HG, whether by clicking through over the internet, telephone, facsimile or otherwise, the customer agrees to be bound by these Terms and Conditions of Sale and any other terms and conditions associated with the product purchased.
C. This Agreement and any operating rules for the HG Sites established by HG constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of California without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
D. Except for the validity of the following arbitration clause and except for claims based upon an alleged violation of HG’s trademark, copyright or other intellectual property rights for which HG may seek injunctive or other appropriate relief in any Federal or State Court located in Los Angeles County, California, any claim, dispute or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims) against HG, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, “HG Group”) arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement, relating in any way to your visit to this website or to products you purchase through the HG Group, shall be submitted to confidential arbitration shall be resolved exclusively and finally by confidential binding arbitration administered by the American Arbitration Association in accordance with the Association’s Commercial Arbitration Rules. Notwithstanding the foregoing, any dispute regarding the jurisdiction of the arbitrator or the scope of arbitration shall be adjudicated in a court of competent jurisdiction located in Los Angeles , County, California . The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between Customer and the HG Group. The parties agree that the arbitration shall be held in Los Angeles County, California. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.