Table of Contents
- Not Healthcare Advice
- Product Purchases
- Site Usage & Usage Termination
- User Content and Conduct
- Liability Disclaimer
- Copyright, Trademarks and other Intellectual Property
- Severability; Interpretation
- Applicable Law; Jurisdiction; Dispute Resolution & Class Waiver
- Contact Us
By using the Site, participating in the Rewards or Reviews Program, 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, PARTICIPATE IN THE REWARDS PROGRAM OR REVIEWS PROGRAM, 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 products and claims made about specific products on or through the Site have not been evaluated by the United States Food and Drug Administration and are not approved to diagnose, treat, cure or prevent disease.
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 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. We are not liable for any information provided on the Site with regard to recommendations regarding supplements for any health purposes.
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.
- Product Purchases
To the extent you make purchases on the Site, you agree that 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.
- Usage & Termination
By using our Site or participating in any of the Programs, 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 or any Program terms and conditions. If you are under the age of 18, you are not permitted to use this Site or participate in any Program.
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.
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, believe 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
Terms are included in this Agreement. All User Generated Content must comply with the guidelines and is a binding part of this Agreement.
Your participation in the Programs is voluntary and is effective until terminated by either X-Herb or you.
X-Herb Rewards Program
Rewards Program Period
The Rewards Program is on-going and will continue until terminated in accordance with the terms and conditions set forth herein (“Rewards Program Period”).
The Rewards Program is open only to X-Herb customers who are at least 18 years of age or older at the time of participation. This Rewards Program is void where prohibited or restricted by law. Your participation in the Rewards Program and use of your Rewards Code or Rewards Link, constitutes your full and unconditional agreement to these Terms and Conditions and X-Herb’s decisions and interpretations, which are final and binding in all matters related to the Rewards Program.
General Rewards Program Information
Subject to the above eligibility requirements, you may participate in the Rewards Program when you purchase products offered for sale on X-Herb’s website or apps. When you complete your first order, you will be enrolled in this Rewards Program and be deemed a participant in the Rewards Program in order to receive credits towards your future X-Herb purchases (“Rewards Credits”).
Rewards Credits earned under this Rewards Program can only be used by you towards your future purchases made on X-Herb.com or an X-Herb app can be redeemed for cash after a certain threshold as indicated in our Rewards FAQs.
Once enrolled, you will receive a customized link (“Rewards Link”) as well as a special code (“Rewards Code”). Both the Rewards Link and Rewards Code will be linked to the participant’s account.
You will receive Rewards Credits for orders placed by any new and existing customers that you refer to X-Herb by either using your Rewards Code or Rewards Link (“Referred Customer”).
In order to refer using your Rewards Link, you may either:
- Go to your favorite product, category page, or create a shopping cart of your favorite products. Next, you should click on the share button on the top-right corner to be able to share your custom Rewards Link, or
- Go to your order history and click on the share button for each order to share with others.
You may share your Rewards Code by advising your potential Referred Customers to use your Rewards Code in their shopping cart.
Once your Referred Customer places an order through your Rewards Link or provides us with your Rewards Code, and once such orders are completed, shipped, and paid, then you will earn Rewards Credits for such orders which will be applied to your account in accordance with the Rewards Program Accounting and Payment Information section listed below.
You may receive a (i) 5% Rewards Credit for any orders placed by a Referred Customer for products sold on the X-Herb site, (ii) 10% Rewards Credit for any orders placed by a Referred Customer for X-Herb’s house brands (which can be found at https://www.X-Herb.com/c/X-Herb-brands), (iii) or an additional percentage credit in the event that X-Herb, at its sole discretion, decides to run a special promotional program from time to time.
Your Rewards Credits will automatically apply to your future orders and will appear in your shopping cart when signing into your X-Herb account. Rewards Credits may either be cashed out once the threshold is met or be used as credit for purchasing products and cannot be used towards any shipping costs, sales taxes, or other similar charges.
Subject to the below restrictions, there are no limitations to the amount of Rewards Credits that you can receive. However, only one account per person and up to five (5) customer accounts per household can participate in this Rewards Program.
X-Herb will track orders that qualify under this Rewards Program and may make those tracked orders available to you for up to three months.
For the purposes of determining the participant that will receive Rewards Credits for each Referred Customer order, X-Herb will look to the Rewards Link or Rewards Code that was last used when finalizing such Referred Customer order.
X-Herb reserves the right to pause or block your Rewards code as well as reduce any Rewards percentages if X-Herb determines in our sole discretion that Customer is in violation of any of our terms or is in any way abusing our Rewards Program. Paused codes will be unable to use or earn Rewards credit. Blocked codes will not earn Rewards credit and all pending and available Rewards credit will be zeroed out.
Rewards Program Accounting and Payment Information
The percentage calculations for the purposes of calculating the actual Rewards Credit amount will be based on the total net purchase price of the products ordered by a Referred Customer.
Rewards Credits will generally be applied to your account 30 days following the applicable transaction which is completed by a Referred Customer (“Pending Credit”).
After the 30 day period referenced above, Pending Credits will be available in your account to be applied to future purchases (“Available Credit”). Available credit expires 180 days from when they become available in your account.
Once an Available Credit has been used, that amount will be deducted from your account (“Used Credit”).
Any Pending Credit or Available Credit may be adjusted accordingly in the event that a Referred Customer subsequently returns or refuses a previously placed order (“Cancelled Credit”).
On the last day of each month, any account holder with a specific amount in Rewards may elect to cash out and receive payment if they provide the proper payment address and payment method information. Payment will be delivered within 30 days after Customer elects to cash out . Any Rewards credits in a Customer’s account that is below the required cash out threshold will be rolled over to the next month.
You will be responsible for any and all tax liability arising from any Rewards you accumulate under the Rewards Program when you accumulate $600 or more in a year, regardless of country. We are obligated by United States federal law to obtain tax information from Rewards Program participants who are United States citizens or United States residents (W-9) and from Rewards Program participants who are not United States citizens or residents but whose businesses are taxable in the United States (W8-ECI). If we believe you are a Rewards Program participant from whom we are obligated to obtain tax information and you do not provide this information to us after we have requested it, we may withhold your Rewards until you provide this information or otherwise satisfy us that you are not a person from whom we are required to obtain tax information. For US citizens or residents, information about submitting tax information is available on www.x-herb.com
General Rewards Program Restrictions
X-Herb reserves the right to invalidate Rewards Credits if it determines that such credits were improperly credited to your account, obtained fraudulently or in violation of these Terms and Conditions.
Rewards Credits do not constitute property, do not entitle you to a vested right or interest, and have no cash value. As such, Rewards Credits are not redeemable for cash and are not saleable, transferable or assignable for any reason.
All accounts must be in the name of a different living person, not a business entity.
X-Herb assumes no liability for discrepancies, delays, omissions, inconsistencies or errors in the calculation and the crediting of the Rewards Credits. The decisions of X-Herb with respect to the Rewards Program, including without limitation, the qualifying purchases, earned credits, account balances and Rewards Credits are final and binding and non-appealable in all respects.
If you create multiple accounts or attempt to participate in the Rewards Program using multiple identities, then X-Herb, in its sole discretion, may disqualify you and void any or all such accounts. Rewards Credits may not be combined from different promotions for any purpose.
X-Herb reserves the right to cancel any orders placed on our website or apps in accordance with the Agreement.
You are not permitted to engage in any form of commercial advertising as this Rewards Program is not intended for commercial purposes. Rewards Codes are strictly prohibited from being placed on commercial sites (including but not limited to deal or coupon sites, eBay, Amazon, etc) and will result in your account and funds being paused or blocked.
You are also prohibited from engaging in any kind of reciprocal referrals that are intended to abuse and disrupt the normal operation of the Rewards Program.
Rewards Codes are strictly prohibited from being placed on commercial sites that are not owned by or affiliated with you (including but not limited to deal or coupon sites, eBay, Amazon, etc) and may result in your account and funds being paused or blocked.
You are also prohibited from engaging in any kind of reciprocal referrals or creating multiple accounts that are intended to abuse and/or disrupt the normal operation of the Rewards Program.
General Promotional Restrictions
You may share your X-Herb Reviews or My X-Herb Page, as well as your X-Herb Rewards Code on a personal blog or on your personal social media accounts (e.g. Facebook, Twitter and and VK) subject to the terms and conditions of those accounts. However, your social media profile may not contain an avatar or any other content that could be interpreted as being managed by X-Herb and your username cannot include the word “X-Herb”. You are prohibited from posting your Rewards Code on any official X-Herb social media account or the X-Herb website (reviews, Q&A, My X-Herb, etc) in an attempt to generate Rewards Credits.
Your blog, website or social media pages may not resemble X-Herb’s website or include any content that could imply an affiliation with X-Herb.
You may email your X-Herb Rewards Code using your personal email or using the share icon found on X-Herb’s website. However, such emails cannot look as if they are being sent or sponsored by X-Herb. You represent and warrant that you will not engage in and/or facilitate spamming, unsolicited commercial email or otherwise fail to comply with the CAN-SPAM Act of 2003 (Public Law 108-187) or any successor legislation, and/or any other laws and/or regulations that govern email marketing and/or communications.
You may not purchase or use domain or subdomain names that include the word “X-Herb” or certain variations and misspellings in any username, group name, or identifier on a social networking site. Examples of such domains include www.X-Herb.sitename.com or www.X-Herb-sitename.com.
You may not create or utilize any client side application (browser plugin, extension, executable, etc, installable by the end user) on any device that might imply affiliation with X-Herb. Additionally, to the extent that you create an app, such apps may not integrate and/or use X-Herb’s app in any way.
Additional restrictions on your promotional activity:
- Promotional activity may not contain violent, defamatory, sexually explicit materials, or contain content suggesting or promoting illicit activity.
- You may not link any content to, or redirect traffic to sites other than X-Herb.com (parts of your site that do not promote X-Herb’s products may contain links to other sites.)
- You may not alter any material or add any additional information which may be misleading to customers.
- You will promptly remove items that are no longer advertised or sold by X-Herb.
- You will not use names or likenesses in a matter implying a person’s or company’s endorsement of or sponsorship of, or commercial association (including placing unrelated materials in close proximity to content) with X-Herb.
- You may not include on your site, display, or otherwise use links or content which contain or have a connection to malicious or harmful code, or any application not knowingly and expressly authorized by users prior to being downloaded.
- You may not attempt to redirect or intercept traffic from any site participating in the Rewards Program.
- You may not incorporate X-Herb.com into a webview or integrated web browser within a mobile application.
- Transitional pages, popup and/or layered ads for promotional activity are not allowed.
- Artificially generating clicks or impressions to create sessions on X-Herb.com, whether by software or otherwise is prohibited.
- You may not use your Rewards Code to generate Rewards Credits from your own personal purchases or for any commercial resell purposes.
- All “paid search” placement and redirecting links are prohibited and may result in the suspension of the Rewards Program linked to your account and any Rewards Credits accrued from such activity will be voided. For purposes of these Terms and Conditions, a “paid search” is an advertisement purchased through bidding on keywords, search terms or other participation in a keyword auction such as Google, Yahoo, Bing, Yandex, Baidu, Naver or any other search engine, portal, sponsored advertising service, or other search or referral service, or any site that participates in any of their respective networks.
- You may not use tactics to artificially increase your organic page rank for search terms, including, but not limited to, “X-Herb coupon” and “X-Herb discount”.
All accounts, qualifying purchases, and/or Rewards Credits are subject to verification at the sole discretion of X-Herb. X-Herb reserves the right to void Rewards Credits and suspend/block your account from any IP address or device if any type of fraudulent or suspicious activity is detected or suspected.
No Rewards Credits will be valid if associated with any participant account deemed void for violations of any provisions contained in these Terms and Conditions.
X-Herb will send you email notification when voiding your Rewards Credits and/or suspending/blocking your account.
Any misuse of this Rewards Program will result in immediate termination and forfeiture of all accumulated Rewards Credits.
Rewards Program Termination
In the event of termination of this Rewards Program, our obligation is to distribute Rewards Credits to you, in X-Herb’s sole discretion, either in the form of Rewards Credits to be used towards X-Herb.com purchases or a check. Our obligation is limited to a maximum of three months of Rewards Credits, calculated based on your Rewards Credits for the month prior to the month in which the Rewards Program is terminated.
X-Herb may change its policy or set limitations and restrictions on this Rewards Program at any time and without any form of notice. Except as expressly stated above, X-Herb shall not have any liability or obligation with regards to the application of this Rewards Program and any decision that X-Herb makes in relation to your Rewards Credits.
- Liability Disclaimer
YOU AGREE THAT THE USE OF THE SITE OR PARTICIPATION IN ANY PROGRAM IS AT YOUR SOLE RISK. THE SITE, THE PROGRAMS AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT. X-HERB AND OTHER AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES, SUCCESSORS AND ASSIGNS OF ANY OF THEM (COLLECTIVELY, “X-HERB ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
X-HERB ENTITIES MAKE NO WARRANTY THAT THE SITE OR ANY PROGRAM WILL MEET YOUR REQUIREMENTS, THE SITE WILL BE TIMELY, SECURE, ERROR FREE OR UNINTERRUPTED, THE RESULTS OBTAINED FROM THE SITE OR FROM ANY PROGRAM WILL BE ACCURATE OR RELIABLE, THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS AND ANY SITE ERRORS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE OR VIA ANY PROGRAM IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. NO INFORMATION OBTAINED BY YOU FROM X-HERB ENTITIES, THROUGH THE SITE OR THROUGH A PROGRAM SHALL CREATE ANY WARRANTY RELATING TO THE SITE OR SUCH PROGRAM NOT EXPRESSLY STATED IN THIS AGREEMENT.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, X-HERB ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON THE SITE AND YOUR PARTICIPATION IN ANY PROGRAM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE X-HERB ENTITIES EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS ATTRIBUTABLE TO NORMAL WEAR, PRODUCT MISUSE OR MODIFICATION, ABUSE, INCORRECT PRODUCT SELECTION AND NOT FOLLOWING PRINTED DIRECTIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL X-HERB ENTITIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF X-HERB ENTITIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE ARRANGEMENT BETWEEN X-HERB AND YOU. THE PRODUCTS, INFORMATION, PROGRAMS AND SERVICES OFFERED ON AND THROUGH THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SUBJECT TO THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (I) IF YOU ARE A CUSTOMER, THE MAXIMUM LIABILITY OF X-HERB ENTITIES SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM X-HERB ON THE SITE, AND (II) IF YOU ARE A PARTICIPANT IN ANY PROGRAM, THE MAXIMUM LIABILITY OF X-HERB ENTITIES SHALL BE LIMITED TO THE AMOUNT CREDITED OR PAID TO YOU BY X-HERB UNDER THE APPLICABLE PROGRAM DURING 12 MONTHS PRIOR TO THE DATE LEADING TO LIABILITY.
WE MAKE NO GUARANTEE OR WARRANTY WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD. WE ARE NOT RESPONSIBLE FOR ANY DAMAGES FOR INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY THIRD PARTIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NEW JERSEY, THIS LIMITATION OF LIABILITY DOES NOT APPLY TO LIABILITY DUE TO INTENTIONAL OR RECKLESS CONDUCT, GROSS NEGLIGENCE, STRICT LIABILITY, NEGLIGENCE OR VIOLATION OF A STATUTORILY IMPOSED DUTY ON THE PART OF X-HERB.
You agree to indemnify, defend and hold harmless X-Herb from and against all losses, expenses, costs and damages including attorney’s fees resulting from your use of or contact on the Site, your participation in any Program, 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 attorneys’ 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 X-Herb. In New Jersey, this indemnification provision does not apply to your liability resulting from intentional or reckless conduct, gross negligence, strict liability, negligence, or violation of a statutorily imposed duty on the part of X-Herb.
- Copyright, Trademarks and other Intellectual Property
You acknowledge that all materials on the Site or provided in connection with the 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 or other intellectual property laws and rights. The trademarks, service marks, trade names, and logos (collectively, “Marks”) contained on the Site, including without limitation X-Herb® are the sole property of X-Herb. In addition all page headers, custom graphics and custom icons are Marks of X-Herb. X-Herb grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Materials and Marks only in the manner permitted by X-Herb for your personal and non-commercial use only (the “License”). This License remains in effect until this Agreement is terminated by either you or us in accordance with this Agreement. Any unauthorized use of the Materials or Marks shall be grounds for termination of the License. All rights not expressly granted herein are reserved by X-Herb and its licensors. Other copyrights, trademarks, product names, company names, logos or intellectual property are the property of the respective owners with all rights reserved.
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.
- Severability; Interpretation
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, without giving effect to any choice of law or conflict of law.
To the fullest extent permitted by law, you and X-Herb Entities agree to arbitrate any controversy, claim or dispute arising out of or in any way related to this Agreement, including but not limited to claims based on contract, tort, negligence, statutory or regulatory provisions. EACH PARTY IS GIVING UP ITS RIGHT TO SUE IN COURT AND TO HAVE ANY CONTROVERSY, CLAIM OR DISPUTE HEARD BY A JUDGE OR JURY.
YOU AND X-HERB ENTITIES EXPRESSLY AGREE TO ARBITRATE ANY CONTROVERSY, CLAIM OR DISPUTE ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT. THIS AGREEMENT TO ARBITRATE ALSO APPLIES TO THRESHOLD ARBITRABILITY ISSUES, INCLUDING ISSUES RELATED TO WHETHER THE AGREEMENT IS UNCONSCIONABLE OR ILLUSORY AND ANY DEFENSE TO ARBITRATION. YOU ALSO AGREE THAT ANY ARBITRATION MAY ONLY BE BROUGHT IN YOUR AND OUR INDIVIDUAL CAPACITIES, NOT AS A CLASS, PURPORTED CLASS OR REPRESENTATIVE ACTION. 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 X-Herb 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.
Unless you and X-Herb Entities otherwise agree, the arbitration will be conducted in the county where you reside 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.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
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 to the benefit of and be enforceable against the parties and their respective successors and assigns.
The failure of X-Herb 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 or 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 such claim or cause of action will be permanently barred. The “Liability Disclaimer” provisions of this Agreement are for the benefit of X-Herb Entities as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
- Contact Us:
If you have any questions about this Agreement, please contact us.