BY USING THE ONLINE PHARMACY, YOU AGREE TO THE TERMS AND CONDITIONS FOR USING THE SITE AND PURCHASING ON THE SITE.

Your continued use of the site after reading the Terms and Conditions including any changes to these Terms and conditions will mean that you accept and agree to it. As long as you comply with these Terms and conditions, HerbiPharm grants you a personal, non-exclusive, non-transferable, limited privilege to access, use and freely purchase any product listed and available for sale on the site.

HerbiPharm reserves the right to do any of the following, at any time, without prior notice:

(i) To modify, suspend or terminate operation of or access to the online pharmacy, or any portion of the site, for any reason;

(ii) To modify or change the site, or any portion of the site, and any applicable policies or terms;

(iii) To interrupt the operation of the online pharmacy, or any portion of it, as necessary to perform routine or non-routine maintenance, error correction or other changes.

Content

All information, data, software, photographs, graphics, text, images, typefaces, videos, sounds, and other material (collectively “Content”), including but not limited to the selection, coordination, arrangement and enhancement of such Content, contained on the site is owned, controlled or licensed by or to HerbiPharm, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms and conditions, no part of the Online Shopping Experience and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (“mirroring” included) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without HerbiPharm’s explicit written consent.

You may not add to, augment, remove, delete, modify, publish, transmit, participate in the transfer or sale of, create derivative works from or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends or other proprietary rights notices.

Health-Related Content

Any health-related such as prescriptions, dosage and other content on the site describes general principles of health care that should not be construed or taken as specific instructions for individual patients. The information is not intended as a substitute for a consultation with your physician, and should not be used to diagnose or treat a health problem without consulting your physician. It is for reference only and should not be used to determine treatment for specific medical conditions – only a physician or health care provider can do that. Our health-related information and resources are not intended and must not be taken as the rendering of medical, nursing or professional health care advice or services, or the practice of medicine, nursing or professional health care in any jurisdiction. You should discuss the information provided with a physician, pharmacist, nurse or other licensed health care professional. You should also check product information (including package inserts) regarding dosage, precautions, warnings, interactions and contraindications before administering or using any device, drug, herb, vitamin or supplement discussed on this site.

You understand and agree that in no event or circumstance will HerbiPharm be liable for any decision made or action taken in reliance on the information contained on, or accessible through, the shop. Reliance on any information provided by, or otherwise appearing on, the Online Shop is solely at your own risk.

Proper treatment of health conditions depends upon a number of factors, including, but not limited to, your medical history, diet, lifestyle and medication regimen. Your health care provider can best assess and address your individual health care needs. You should consult with your physician or health care provider before starting a new medication or supplement regimen. If you are experiencing a medical crisis, please call 911 or contact your local emergency assistance service immediately.

Feedback and Rating Information

HerbiPharm welcomes your feedback and ratings. Any feedback and rating you provide will be deemed to be non-confidential. HerbiPharm will be free to use such information on an unrestricted basis.

Links to Third Party Sites

This site may contain links to other independent third-party websites. HerbiPharm does not own or control these websites, and HerbiPharm is not responsible for and does not endorse, their content and resources or any services or products offered through such third-party websites.

Electronic Communications

I certify that I entered my own information, and give permission to be contacted at the email address and/or phone number provided by autodialed calls/text messages and/or pre-recorded messages, by HerbiPharm, about healthcare and consumer products/services, regardless of my status on any State or Federal Do Not Call list. I understand consent is not a condition of purchase.

In addition to email, I understand that HerbiPharm may use SMS communications to interact with me on a recurring basis with 1 SMS per applicable event and that I will receive an SMS confirmation of my opt-in at the end of the sign-up process. Such messages may include limited personal information about my prescriptions, treatment or benefits, and individuals with access to my mobile phone, carrier account or email address will also be able to see this information.

I understand that I may stop receiving email alerts by contacting HerbiPharm via phone call or live chat or email, at which point I will receive a reply confirming that I have been unsubscribed.

See HerbiPharm’s Privacy Policy here.

Your Conduct

You must be at least 18 years of age to purchase any item in the shop. You agree not to interrupt or attempt to interrupt the operation or any other person’s use of the online pharmacy in any way. Any conduct by you that, in our sole discretion, restricts, inhibits or interferes with the ability of any other user to enjoy their shopping experience will not be permitted, including by means of hacking or defacing any portion of this site, or by engaging in password “mining,” spamming, flooding or other disruptive activities.

You may not use any content for any purpose that is unlawful or prohibited by these Terms and Conditions or to solicit the performance of any illegal activity or other activity which infringes the rights of HerbiPharm or others. You are prohibited from posting on or transmitting through the site any unlawful, harmful, abusive, threatening, harassing, defamatory, obscene, vulgar, sexually explicit, profane, fraudulent, hateful, or racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law. You not permitted to use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the site or any content, or in any way reproduce or circumvent the navigational structure or presentation of HerbiPharm or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available on the site (https://herbipharm.com ).

HerbiPharm reserves the right to terminate or suspend your access to and purchase in the shop without notice, if we believe, in our sole discretion, that it is in violation of these Terms and conditions or any applicable law or it is harmful to our interests or the interests, including intellectual property or other rights, of another user or other third-party.

Disclaimers

HERBIPHARM DOES NOT PROMISE THAT THE ONLINE SHOPPING EXPERIENCE OR ANY CONTENT, SERVICE OR FEATURE OF THE ONLINE PHARMACY WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE PRODUCTS WILL PROVIDE SPECIFIC RESULTS. THE ONLINE PHARMACY’S DRUGS ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. HERBIPHARM CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.

HERBIPHARM DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES REGARDING THE INFORMATION, SERVICES, PRODUCTS, MATERIALS, AND ANY OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THIS ONLINE PHARMACY, INCLUDING ANY WARRANTIES OF ACCURACY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

HERBIPHARM DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF ANY SERVICES OR DRUGS. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE DRUGS AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST HERBIPHARM FOR DISSATISFACTION WITH THE DRUGS PURCHASED AND ANY OTHER ITEM IS TO STOP USING THE DRUG OR ANY SUCH ITEM. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, computer virus, deletion, defect, error, omission, interruption, delay in operation or transmission, communication line failure, theft or destruction of or unauthorized access to, alteration of or use, whether for breach of contract, tort, negligence or any other cause of action.

Limitations of Liability

IN NO EVENT WILL HERBIPHARM BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE ONLINE PHARMACY, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE DRUGS AND SERVICES RESULTING FROM ANY DRUG’S, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE ONLINE EXPERIENCE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA ON THE ONLINE EXPERIENCE; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ONLINE PHARMACY; OR (v) ANY OTHER MATTER RELATING TO THE ONLINE PHARMACY, WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF HERBIPHARM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATION SHALL NOT BE APPLICABLE TO YOU.

If notwithstanding the other provisions of these Terms and conditions, HerbiPharm is found to be liable to you, any liability on the part of HerbiPharm will not exceed the fees paid by the user for the particular information or service provided. HerbiPharm is not liable for the unauthorized use of our Content by any other websites.

Indemnification

You agree to indemnify and hold HerbiPharm, its predecessors, owner, successors in interest, employees, agents, and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against HerbiPharm by any third party due to or arising out of or in connection to your violation of these Terms and conditions, or with your use of this site.

Governing Law; Choice of Forum; Dispute Resolution

If any part of these Terms and conditions is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not affect any other provision of these Terms and conditions, all of which remain in full force and effect. You agree that all matters, including all disputes, relating to your access to or use of HerbiPharm information or services or drugs sold, including its contents, will be governed by the laws of all fifty US States, Canada, and the UK without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in these stares and countries listed above, and waive any objection to such jurisdiction or venue. Any claim under these Terms and conditions must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between HerbiPharm and you arising out of or in connection with your access to or use of HerbiPharm information or services or drugs purchased, including its Contents, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Copyright Infringement Complaints

HerbiPharm respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on the site in a way that constitutes copyright infringement, you may notify us by contacting us directly and provide our copyright agent the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(i) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work

(ii) identification of the URL or other specific location on the site where the material that you claim is infringing is located;

(iii) your address, telephone number, and e-mail address;

(iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;

(v) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

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