Welcome to HerbalShop.com Website. By using this Website you agree to comply with and be bound by this Terms of Use Agreement (“Agreement”). Therefore, please review the Agreement carefully. If you do not agree with the Agreement do not use this Website.
Aceptance
By using this Website, you agree to the terms and conditions of this Agreement, which constitutes the entire agreement between you and HerbalShop.com. This Agreement supersedes all prior and contemporaneous agreements, representations and warranties and understandings, whether oral or written, with respect to the Website, the Website contents and any services provided on the Website. In the event of any conflict between the Agreement and any other agreement or understanding related to the use of the Website, this Agreement shall control.
Amendments
This Agreement may be amended by HerbalShop.com from time to time and your only notice of such amendment shall be the posting of the amended Agreement on this Website. You are therefore advised to review the Agreement each time you visit the Website.
Limited Right to Use
The Website and the contents herein are the intellectual property of HerbalShop.com and are protected by applicable copyright, trademark and proprietary rights. Viewing, printing or downloading of any content, graphic, form or document from this Website grants you only a limited nonexclusive license for your personal use and does not authorize republication, distribution, assignment, sublicense, sale, preparation of derivative works or the right to link to the Website from another location or any other use unless you have received HerbalShop.com expressed written permission for such use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal, not-for profit use. You do not acquire any ownership rights to the Website or to any contents herein. All rights not expressly granted herein are reserved by HerbalShop.com.
Privacy Policy
Please review the HerbalShop.com Privacy Policy. By using this Website you agree that HerbalShop.com privacy policy is part of the Agreement and may be updated from time to time without specific notice to you.
Licenses
You agree not to download any software from this Website until you read and accept the terms and conditions of the Downloadable Software License Agreement. For any products purchased via this Website, either directly or by reference, you will be bound by any end user licenses accompanying the purchased product.
CONTACTING US
If you need to contact us, you can email us at support@herbalshop.com, call us at (408) 324-1655, or send us a letter at: Herbalshop.com, 326-3 Galleria Dr. San Jose, CA 95134
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEB SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEB SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Disclaimer
THE INFORMATION ON THIS Website IS PROVIDED “AS IS” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE).
LIMITATION OF LIABILITY
IN NO EVENT WILL HERBALSHOP.COM BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST DATA, OR LOST SAVINGS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY EVEN IF HERBALSHOP.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion or limitation of special, incidental, or consequential damages, so the above exclusion or limitation may not apply to you.
Governing Law
By using this Website, you agree that this Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its conflict of law rules. By using this Website you also agree that all litigation arising out of or in connection with this Agreement shall be brought in the state courts of Santa Clara County, State of California, United States of America or, for matters involving federal jurisdiction, in the United States District Court for the District of California.
PRIVACY
Welcome to our Online Store, owned and operated by HerbalShop.com. This statement discloses the privacy practices for this Website, including an explanation of which personally identifiable information of yours is collected; the organization collecting the information; how the information is used; with whom the information may be shared; which choices are available to you regarding collection, use and distribution of the information; the kind of security procedures that are in place to protect the loss, misuse or alteration of information; and how you can correct any inaccuracies in the information.
Questions regarding this statement should be directed to HerbalShop.com through one of the feedback forms you will find on the Website, or by sending a notice by U.S. Mail to HerbalShop.com, P.O. Box 116, San Jose, CA 95134, Attention: Director of Online Content.
Information Collection and Use
A special note about children: HerbalShop.com does not knowingly collect personally identifiable information from children under the age of thirteen and does not wish to collect any such information. Federal law requires Website operators who collect personal information from children under the age of thirteen to first get parental consent, and children should always get permission from their parents before sending any information about themselves (such as their names, e-mail addresses, and phone numbers) over the Internet, to us or to anyone else. The information made available to HerbalShop.com falls into two categories: (1) information voluntarily supplied by visitors to the Website and (2) tracking information recorded as visitors navigate through the Website.
To make use of some features on our Website visitors need to register and to provide certain information as part of the registration process. We may ask, for example, for your name, e-mail address, and zip code, and we might request information on your interests in television viewing, sports, personal finance, the performing arts, and the like. The information you supply will help us to offer you more personalized features, to tailor our Website to your interests and make it more useful to you. Our systems will remember some of this information the next time you login and use our Website, but you can always change your information by going back to the pages where you originally entered it.
The more you tell us about yourself, the more value we can offer you. Supplying such information is entirely voluntary. But if you choose not to supply the information, we may be unable to provide you with the products and services we make available to other visitors to our Website. And you will not be able to order selected products or services over our Website unless you provide certain personally identifying information about yourself. When you submit any personally identifying information over this Website, HerbalShop.com (i) will use the information for the purposes described at the time you submit it (for example, your name, address, telephone number, and e-mail address provided while ordering one of our products or services will be used in connection with the processing and fulfillment of your order) and (ii) may use the information to contact you to make you aware of other products and services of interest. Of course, if you want to remain completely anonymous, you are still free to take advantage of the publicly available content on our Website without registration.
To help make our site more responsive to the needs of our visitors, we invoke a standard feature of browser software, called a “cookie,” to assign each visitor a unique, randomly generated number that temporarily resides on your computer. The cookie itself does not actually identify the visitor, just the particular computer session that a visitor uses to access our Website. Unless you voluntarily identify yourself, we won’t know who you are, even if we generate a cookie for your particular Website session. The only personal information a cookie can contain is information you supply.
We use cookies to help us tailor our Website to your needs, to deliver a better, more personalized service, and to remember certain choices you’ve made so you don’t have to re-enter them. We may use cookies to track the pages on our Website visited by our users, for example. We can build a better Website if we know which pages our users are visiting and how often. Of course, you can set your browser not to accept cookies, but if you do, you may not be able to take advantage of the personalized features enjoyed by other visitors to our Website. In connection with the standard operation of HerbalShop.com’s systems, certain non-personally identifiable information about visitors to this Website is recorded. This information is used primarily to tailor and enhance visitors’ experience using the Website. We may use this information in an aggregate, non-personally identifiable form to, among other things, measure the use of our Website and determine which products and services are the most popular with Website visitors.
Other Websites
To make our Website more valuable to our visitors, we may offer some features in conjunction with other providers. Our Website may also include links to other Websites whose privacy policies we don’t control. Once you leave our Website (you can tell where you are by checking the address –known as a URL– in the location bar on your browser), use of any information you provide is governed by the privacy policy of the operator of the Website you’re visiting. That policy may differ from ours. If you can’t find the privacy policy of any of these Websites via a link from the site’s homepage, you should contact the Website directly for more information.
Security
All information gathered on our Website is stored within an HerbalShop.com-controlled database accessible only to HerbalShop.com and its specifically authorized contractors. However, as effective as any security measure implemented by HerbalShop.com may be, no security system is impenetrable. We cannot guarantee the complete security of our database, nor can we guarantee that information you supply won’t be intercepted while being transmitted to us over the Internet. If you don’t want us to know any particular information about you, don’t include it in anything that you submit or post to this Website.
Merger, Sale, Bankruptcy, or Other Event
As we continue to develop our business, we might sell or buy assets, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets. If we are acquired by or merged with any other entity, then we reserve the right to assign or transfer all information that we have collected; and, for any bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or for any application of laws or equitable principles affecting creditors’ rights, your information might be transferred or disclosed to third parties.
Changes to this Privacy Statement
We may change this privacy statement from time to time. If we change this privacy statement at some point in the future, we’ll post the changes on our Website and by continuing to use the Website after we post any changes, you accept and agree to this privacy statement, as modified. Of course, our use of information gathered while the current privacy statement is in effect will always be consistent with the current statement, even if we change that statement later.