Dear Customer: Our lawyers insist we include these Terms and Conditions
as a requirement of using our site. We apologize for the length and thank
you for your understanding. If you're in the process of
checking out, after reviewing our terms please close this window and return to
the open checkout process window in order to complete your
order.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING AYURVEDICHERBSDIRECT.COM
(THE “SITE”) OR ORDERING PRODUCTS OR SERVICES FROM US. BY ACCESSING THE SITE OR
ORDERING PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
SET FORTH HEREIN. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND
CONDITIONS, YOU MAY NOT ACCESS THE SITE OR ORDER PRODUCTS OR SERVICES. AHD MAY
MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE
IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU. YOU
AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND
YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE
ACCEPTANCE OF THE MODIFIED AGREEMENT.
Exclusive Terms. The following terms of use and conditions of sale (the
"Agreement") constitute a legal agreement between you and Herbs Direct, LLC D/B/A Ayurvedic Herbs Direct (“AHD”). These terms and conditions are the
exclusive terms and conditions by which AHD's products are sold to the Customer.
AHD expressly rejects all other conditions of sale, imposed by the customer, in
whatever form, before or after sale, unless expressly approved in writing and
signed by an authorized officer of AHD. By accessing, browsing and/or using this
Site and/or ordering products or services from AHD, you acknowledge that you
have read, understand, and agree to be bound by this Agreement and to comply
with all applicable laws and regulations, including U.S. export and re-export
control laws and regulations. If you do not agree to this Agreement, do not use
this Site.
YOU SHOULD ALWAYS SPEAK WITH A HEALTHCARE PROFESSIONAL BEFORE TAKING
ANY DIETARY, NUTRITIONAL, HERBAL OR HOMEOPATHIC SUPPLEMENT. AHD does not warrant
and shall have no liability for information provided in this site regarding
recommendations concerning supplements for any and all health purposes. This
information is provided solely as a guideline to be used when discussing a
program with a healthcare professional. The products and related statements on
this site have not been evaluated by the U.S. Food and Drug Administration
(FDA). These products are not intended to diagnose, treat, cure or prevent any
disease. The information provided on this site is for informational purposes
only and is not intended as a substitute for advice from your physician,
licensed herbalist or other health care professional or any information
contained on or in any product label or packaging. AHD is an online retailer
only, and does not offer personal medical, acupuncture, healthcare, herbal or nutritional
advice or consultation. Notwithstanding the fact that AHD may include
product cautions and contraindications on this web site, this information is not
intended to be complete or comprehensive and it may not cover every
health-related matter and every possible health-related issue. Please note that ingredients and recommended dosage instructions, if any, are included solely as general information and are current at the time of publication. Dosage and ingredient information may change without notice, and you should rely only on the dosage and ingredient information printed on the product you receive. You should
not use the information on this site for diagnosis or treatment of any health
problem or for prescription of any medication or other treatment. You should
consult with a healthcare professional before starting any diet, exercise or
supplementation program, before taking any medication, or if you have or suspect
you might have a health problem. These products are not intended for children
under the age of 18, pregnant women or women nursing a baby.
The information contained in this Site is presented in summary form only and
intended to provide broad consumer understanding and knowledge of selected
herbal topics. The information should not be considered complete and should not
be used in place of a visit, call, consultation or advice of your physician or
other health care provider. AHD and the Site do not recommend the
self-management of health problems. Information obtained by using the Site is
not exhaustive and does not cover all health conditions or their treatment.
Should you have any health care-related questions, please call or see your
physician or other health care provider. You should never disregard medical
advice or delay in seeking it because of something you have read in this Site.
If you are under medical care or taking prescriptions, you should consult with
your physician as to the impact of AHD products on your health.
Separate charges for shipping and handling will be shown on AHD's invoice(s),
as well as California sales tax if the shipping address is within the State of
California. Title to products passes from AHD to you on shipment from
AHD's facility. Customer is conclusively deemed to have received the package upon issuance of a delivery confirmation by USPS or any licensed carrier. You are solely responsible for following local customs and
import laws for international deliveries, and AHD is not responsible for any
local taxes, duties, or customs charges assessed. AHD products that are
purchased directly from AHD may be returned in accordance with AHD's "Money Back
Guarantee" in effect on the date of the invoice.
AHD content is compiled from a variety of sources ("Information Providers").
Neither AHD nor any Information Provider shall be responsible for information
provided herein under any theory of liability or indemnity. Liability of AHD or
Information Providers, if any, for damages (including, without limitation,
liability arising out of contract, negligence, strict liability, tort or patent
or copyright infringement) shall not exceed the monies paid by the user for the
particular product or service provided. In no event shall AHD or any Information
Provider be liable for any damages other than the amount referred to above, and
all other damages, direct or indirect, special, incidental, consequential or
punitive, are hereby excluded even if AHD or Information Provider has been
advised of the possibility of such damages.
Some links on the site will allow you to connect with sites that are not
under our control. AHD is providing these links only as a convenience. The
appearance of a link does not imply AHD endorsement, nor is AHD responsible for
the contents of any linked site.
Information accessed through this Site is provided "AS IS" and without
warranty, express or implied. All implied warranties of merchantability and
fitness for a particular use or purpose are hereby excluded. AHD and Information
Providers make no warranty as to the reliability, accuracy, timeliness,
usefulness or completeness of the information. AHD and Information Providers
cannot and do not warrant against human and machine errors, omissions, delays,
interruptions or losses, including loss of data. AHD is not responsible for
updating information contained here, which may be rendered obsolete based upon
subsequent medical developments.
The copyright in all material provided on this Site is held by AHD or by the
original creator of the material. Except as stated herein, none of the material
may be copied, reproduced, distributed, republished, downloaded, displayed,
posted or transmitted in any form or by any means, including, but not limited
to, electronic, mechanical, photocopying, recording, or otherwise, without the
prior written permission of AHD or the copyright owner. Permission is granted to
display, copy, distribute and download the materials on this Site for personal,
non-commercial use only, provided you do not modify the materials and that you
retain all copyright and other proprietary notices contained in the materials.
This permission terminates automatically if you breach any of these terms or
conditions. Upon termination, you must immediately destroy any downloaded and
printed materials. You also may not, without AHD's permission, "mirror" any
material contained on this Site on any other server. Any unauthorized use of any
material contained on this Site may violate copyright laws, trademark laws, the
laws of privacy and publicity, and communications regulations and statutes.
You agree to grant to AHD a non-exclusive, worldwide, royalty-free, perpetual
license, with the right to sublicense, to reproduce, distribute, transmit,
create derivative works of, publicly display and publicly perform any materials
and other information (including, without limitation, ideas contained therein
for new or improved products or services) you submit to public areas of the
Service (such as Product Reviews and Forums) by all means and in any media now
known or hereafter developed. You agree that you shall have no recourse against
AHD for any alleged or actual infringement or misappropriation of any
proprietary right in your communication to us.
AHD DOES NOT AND CANNOT REVIEW ALL COMMUNICATIONS AND MATERIALS POSTED OR
UPLOADED TO THE SITE AND IS NOT RESPONSIBLE FOR THE CONTENT OF THESE
COMMUNICATIONS AND MATERIALS. HOWEVER, AHD RESERVES THE RIGHT TO BLOCK OR REMOVE
COMMUNICATIONS OR MATERIALS THAT IT DETERMINES TO BE (A) ABUSIVE, DEFAMATORY, OR
OBSCENE, (B) FRAUDULENT, DECEPTIVE, OR MISLEADING, (C) IN VIOLATION OF A
COPYRIGHT, TRADEMARK OR; OTHER INTELLECTUAL PROPERTY RIGHT OF ANOTHER OR (D)
OFFENSIVE OR OTHERWISE UNACCEPTABLE TO AHD AT ITS SOLE DISCRETION. ANY MESSAGES,
ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD
NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.
The Site may undergo continual update and revision. AHD may revise and
discontinue products at any time. AHD reserves the right to cancel outstanding
orders or limit order quantity at any time without notice. Prices and promotions
are subject to change without notice. AHD is not responsible for typographical
errors.
You agree to indemnify, defend and hold harmless AHD, its officers,
directors, employees, agents, licensors and suppliers from and against all
losses, expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of this Agreement or any activity related to your
account (including negligent or wrongful conduct) by you or any other person
accessing the Site using your account.
AHD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
AHD DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING
ANY LIABILITY FOR PRODUCTS FOR ANY REASON. AHD 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.
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 AHD, its agents, employees,
successors, assigns or affiliates (collectively for purposes of this paragraph,
"AHD") 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),
AHD's advertising, any related purchase, including the validity of this
arbitration clause shall be resolved exclusively and finally by binding
arbitration administered by the National Arbitration Forum (NAF) under its Code
of Procedure then in effect (available via the Internet at http://www.arb-forum.com , or via telephone
at 1-800-474-2371). The arbitration will be conducted before a single
arbitrator, and will be limited solely to the dispute or controversy between
Customer and AHD. The arbitration shall be held in Los Angeles County,
California at the office of AHD, by telephone, or online. 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. Information may be
obtained and claims may be filed at any office of the NAF or at P.O. Box 50191,
Minneapolis, MN 55405.
This Agreement shall be governed by and construed in accordance with the laws
of the State of California, without regard to conflicts of law. You agree that
any legal action or proceeding between AHD and you for any purpose concerning
this Agreement or the parties' obligations hereunder shall be brought
exclusively in a court of competent jurisdiction sitting in Los Angeles County,
California. You hereby waive your right to a jury trial in any action with
respect to the subject matter of this Agreement. Any cause of action or claim
you may have with respect to the Site must be commenced within one (1) year
after the claim or cause of action arises. AHD's failure to insist upon or
enforce strict performance of any provision of this Agreement shall not be
construed as a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any provision of this
Agreement. AHD may assign its rights and duties under this Agreement to any
party at any time without notice to you. Trademarks and service marks appearing
on the Site may be owned by AHD or by other parties not affiliated with AHD.
AHD may deliver notice to you under this Agreement by means of electronic
mail, a general notice on the Site, or by written communication delivered by
first class U.S. mail to your address on record in AHD's account information.
You may give notice to AHD at any time by letter delivered by certified first
class postage prepaid U.S. mail or overnight courier to the following address:
Ayurvedic Herbs Direct
2421 W. 205th St, Suite D103
Torrance, CA
90501
ENTIRE AGREEMENT. These terms and conditions contain the complete
agreement between the parties. You acknowledge that there are no representations
or warranties by AHD, with respect to this agreement other than those contained
herein or elsewhere in a writing signed by an authorized officer of AHD.
If you're in the process of checking out, you must close this
window and return to the open checkout process window in
order to submit your order.