Terms & Conditions
By using this Website, you agree to the terms and conditions of this Agreement, which constitutes the entire agreement between you and Herb Pharm. 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.
This Agreement may be amended by Herb Pharm 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 Herb Pharm 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 Herb Pharm's 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 Herb Pharm.
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.
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 HERB PHARM 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 HERB PHARM 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.
By using this Website, you agree that this Agreement shall be governed by and construed in accordance with the laws of the State of Oregon, 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 Josephine County, State of Oregon, United States of America or, for matters involving federal jurisdiction, in the United States District Court for the Southern District of Oregon.
Welcome to our Online Store, owned and operated by Herb Pharm. 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 Herb Pharm through one of the feedback forms you will find on the Website, or by sending a notice by U.S. Mail to Herb Pharm, P.O. Box 116, Williams, Oregon 97544, Attention: Director of Online Content.
Information Collection and Use
A special note about children: Herb Pharm 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 Herb Pharm 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, Herb Pharm (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.
All information gathered on our Website is stored within an Herb Pharm-controlled database accessible only to Herb Pharm and its specifically authorized contractors. However, as effective as any security measure implemented by Herb Pharm 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.