nuherbs co. Terms & Conditions
Welcome and thank you visiting nuherbs.com to find out more about the great products and services offered by nuherbs co.. The following are the terms and conditions (“T&C”) of this legal Agreement between you and nuherbs for using www.nuherbs.com. By using and accessing this site, you acknowledge that you have read, understood, and agree to be bound by and shall abide by all the T&C of this Agreement. If you object to or disagree with any of these T&C, please discontinue the use of this site immediately.
You are granted a non-exclusive, revocable, and limited license to access and use this website and its content in accordance with these T&C. This site is not intended for users under the age of 13 and no identifying information should be submitted for persons under 18 years of age.
II. TERMINATION, MODIFICATION, AND CANCELLATION
We reserve the right to change, modify or otherwise alter these T&C at any time at our sole discretion. Such modifications shall become effective immediately upon the Posting of updated T&C. You must review this agreement on a regular basis to keep yourself apprised of any changes. nuherbs may terminate this Agreement, with or without cause, at any time, without notice, and without penalty. The following provisions shall survive any termination of this Agreement: Permitted Use/Proprietary Rights; Unauthorized Access of Site; Linking and Framing Prohibited; Disclaimer of Warranties; Limitation of Liability; Release, Waiver and Covenant Not to Sue; Indemnity; and, Governing Law and Jurisdiction.
III. PRIVACY AND SECURITY
nuherbs will use the information provided by you and/or collected about you as described in the Privacy Statement at www.nuherbs.com/about/privacy. The Privacy Statement is hereby incorporated by reference into these T&C. Please read the Privacy Statement. nuherbs reserves the right to monitor and investigate all use of this site, without notice, for violations of the law or T&C.
The information and content contained on or made available through this site is for informational purposes only. It is not intended to provide or constitute medical advice, diagnosis or treatment. It is not intended to be a substitute for the advice provided by your physician or other medical professionals. nuherbs strongly urges you to consult with a qualified healthcare professional for advice regarding the diagnosis and treatment of any medical condition before starting any herbal or dietary supplement or other medication program. You should carefully read all information provided by the product manufacturer, in the product packaging, and labels before using any healthcare products. Your use of information available on or through this Site is your own responsibility and at your own risk.
The orders that you place via the Site are transmitted to us and processed at our office. We reserve the right to change the prices at any time. You will be notified of any changes to your proposed order, whether it be quantity, price, item or any other change. We do not accept or take any credit card or billing information on this site, you will have to call 800-233-4307 to update your billing information. We are not responsible for any delays to your order if you do not update your information according. You will not hold nuherbs responsible and shall indemnify nuherbs for any losses from using our Site, including, but not limited to, any losses stemming from not having an item in stock or an increase in price.
You may submit Content to certain portions of our SITE. When you submit Content to nuherbs, you agree to not upload any Content that infringes any third party´s intellectual property rights, does not invade any third party´s privacy, is not illegal, obscene, libelous, slanderous, defamatory, fraudulent, misleading, or otherwise injurious to third parties. You may not impersonate anyone in any posting and may not mislead anyone as to the source of any Content. You are solely responsible for any Content that you post on this Site. nuherbs reserve the right to screen, remove or edit any such Content, but are under no obligation to do so. Under no circumstances will be liable for any Content posted by any visitor to our Site or any damage caused by the posting of such Content.
If you post Content to our Web site or submit information via email, including, but not limited to business ideas, you are automatically granting nuherbs and our affiliates a royalty-free, worldwide, non-exclusive, perpetual, fully sublicensable and irrevocable right to use, distribute, reproduce, modify, adapt, publicly perform and display, translate and create derivative works from such Content in any media, as well as the right to use your name in connection with such Content, if we so choose.
By submitting Content you also agree that nuherbs may keep records indicating that you are the source of Content, and any information related to your posting of the Content, and may disclose such information as we may determine, in our sole discretion, including, without limitation, in order to comply with the law or legal process, to enforce the terms of these conditions of use, to respond to any complaint that such Content violates the rights of any third party, to respond to customer service requests or to assist in the protection of any person.
VII. COPYRIGHTS AND TRADEMARKS
The following elements of this Site are the property of nuherbs or our suppliers and are protected by United States and international copyright laws:
The trademarks or trade dress of nuherbs and our affiliates may not be used without our written permission. Trademarks or trade dress include the nuherbs name and logo, and other graphics, logos, page headers, button icons, scripts, and service names of nuherbs products, services, and programs, and those of our affiliates.
All other trademarks that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us or our affiliates.
Health Care Practitioners, Health Stores, and Manufacturers may use the nuherbs graphics and images contained on this website only for the promotion and sale of the nuherbs®, Herbal Times®, and Jade Dragon® branded products on their own websites and in other promotional materials. Any use of the graphics and images shall indicate nuherbs ownership and copyright of the graphics and images and any such use shall inure to the benefit of nuherbs. nuherbs will not be responsible or liable for any claims or promotional copy used in connection with the graphics or images. Any other use of the graphics, images or other content on this website is strictly prohibited.
VIII. LINKING AND FRAMING
You may only link to this homepage of nuherbs.com from third-party sites, if you agree to following terms and conditions, unless you receive express written permission to do otherwise. The third-party link may only link to the homepage of the Site, using nuherbs co. or www.nuherbs.com in plain text. The trademarks and copyrights of nuherbs may not be used in the "meta tag" "title tag" or any source of code used by search engines or other information location tools to identify and select webpages. The linking page and website may not contain any obscene, indecent, or otherwise offensive material, including, but not limited to disparaging remarks about nuherbs and its products, material that affects the goodwill of nuherbs and its products adversely. nuherbs reserves the right to unilaterally revoke this limited license to link to this Site.
You will not frame any page or portion of this Site. The creation and/or the facilitation of the creation of links and/or frames to this Site and/or any Content are expressly prohibited and will be grounds for termination of your account.
IX. THIRD PARTY LINKS
nuherbs provides links to related websites to facilitate your ability to obtain information that may be of interest to you. nuherbs is not responsible for the content, quality, safety, availability, completeness, accuracy, privacy policies, legality, or any other practices and policies of such websites. These links are provided solely as a convenience to you and should not be considered an endorsement by nuherbs of these websites or of the companies who own them. Each linked entity is responsible for the correctness, completeness, legality and accuracy of its own website. As such, nuherbs makes no representation as to the accuracy or any other aspect of the information contained at such outside sites. When you click on one of the provided links, you are leaving this website to enter another site on the Internet. You hereby waive any claim you might have against nuherbs with respect to these websites.
THIS SITE AND THE INFORMATION, SERVICES AND MATERIALS CONTAINED ON THIS SITE ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. NUHERBS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE AND THE INFORMATION, SERVICES AND MATERIALS ON THIS SITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF ANY ITEM. IN NO EVENT WILL NUHERBS BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR ANY INFORMATION, GOODS OR SERVICES OBTAINED ON THIS SITE, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (EVEN IF NUHERBS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMITTED BY LAW.
nuherbs does not warrant that this service will be uninterrupted, timely, secure or error-free. There may be delays, errors, defects, omissions, interruptions and inaccuracies in the information or other materials available on or through this website. nuherbs is not responsible for the availability, content or accuracy of other websites that may be linked to on this website. nuherbs do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded, or distributed in this website or available through links in this website. We reserve the right to correct any errors or omissions in this website. Although nuherbs takes reasonable steps to prevent the introduction of viruses, worms, Trojan horses or other destructive materials to this website, nuherbs does not guarantee or warrant that this website or materials that may be downloaded from this website do not contain such contaminating or destructive properties. You understand and agree that any content, files or information downloaded or otherwise obtained through the use of this website is at your own discretion and risk and that nuherbs is not liable for any damages or harm to your computer system or loss of data attributable to such content, files or information. If you rely on this website and any materials available through this website, you do so solely at your own risk. nuherbs is not responsible for any errors or omissions or for the results obtained from the use of any information provided on this website.
XI. LIMITATION OF LIABLIITY
IN NO EVENT SHALL NUHERBS, ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, BUSINESS PARTNERS, CUSTOMERS AND ANY OTHER AUTHORIZED AGENT OR REPRESENTATIVE OF NUHERBS HAVE ANY LIABILITY FOR ANY CLAIM, LOSS OR INJURY, INCLUDING WITHOUT LIMITATION AN INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO NUHERBS´ SERVICE, THE USE OR THE INABILITY TO USE THE SITE AND/OR ANY CONTENT, ANY CONTENT OR OTHER GOODS OR SERVICES PURCHASED, LICENSED, OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH THE SITE, THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY USER CONTENT, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED PROFITS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF ANY NEGLIGENCE OF NUHERBS OR ANY OF ITS AFFILIATES OR AGENTS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OR ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
XII. RELEASE, WAIVER, AND COVENANT NOT TO SUE
To the fullest extent allowed by law, you hereby release and discharge nuherbs, its affiliates, officers, directors, shareholders, employees, business partners, customers and any other authorized agent or representative of nuherbs, from any and all liability associated with your use of the Site. This release shall apply to any and all claims, whether known or unknown, held by you. With respect to the releases contained herein, the parties agree that this release fully and finally releases and forever resolves the actions and liabilities released herein, and each party hereby waive all benefits under Section 1542 of the California Civil Code, as well as under any other statutes or common law principles of similar effect. Each party acknowledges having read and understood Section 1542, which states as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." You hereby also agree and covenant not to sue, and expressly waives any and all claims against, nuherbs for any claim that is released hereunder or for an amount in excess of the limitation of liability provided in this Agreement.
You agree to indemnify, defend, and hold nuherbs, its parents, subsidiaries, affiliates, officers, directors, employees, and agents harmless, at your sole expense, from and against any claim, action, legal proceeding, damages, liability, settlements, expenses (including reasonably attorneys´ fees) and other costs arising out of or relating to (i) your breach of these T&C or the documents it incorporates by reference; (ii) your negligence or misconduct; or (iii) a claim that your use of any Content infringes the copyright, trademark, trade secret, patent or other proprietary right of a third party. nuherbs may, at its sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by nuherbs, however, shall not excuse any of your indemnity obligations.
XIV. GOVERNING LAW AND JURISDICTION
These T&C shall be governed by and construed under the laws of the State of California without reference to conflict of laws principles. These T&C are deemed entered into in Alameda County, California. All disputes arising out of or related to these T&C, the services, or Site shall be subject to the exclusive jurisdiction of the state and federal courts located in Alameda County, California, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts.
XV. ENTIRE AGREEMENT
This is the entire agreement between the parties relating to the subject matter hereof and no waiver or modification of these T&C shall be valid unless in writing and accepted by each party. The waiver of breach of any term hereof shall in no way be construed as a waiver of any other term or breach hereof. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect. THE USE OF THE CONTENT AVAILABLE THROUGH THIS SITE IS SUBJECT TO THE FOREGOING T&C. BY SUBMITTING INFORMATION TO, OR ACCESSING INFORMATION FROM, THE SITE, YOU AGREE TO THE FOREGOING T&C, NOTWITHSTANDING ANY LICENSE AGREEMENTS INTO WHICH YOU MAY SEPARATELY ENTER. THESE T&C ARE A LEGAL AGREEMENT BETWEEN YOU AND NUHERBS. IF YOU DO NOT AGREE TO THESE T&C, DO NOT SUBMIT INFORMATION TO, OR ACCESS INFORMATION FROM, THE SITE.