These Terms describe the terms and conditions applicable to your access and use of the website Herbalarc.com (hereinafter the “Site”), products and services. This document is a legally binding agreement between you as the user of the Site (hereinafter referred to as “you”, “your” or “User”) and Herbal Arc (hereinafter referred to as “we”, “our” or “Herbal Arc”).
1.APPLICATION AND ACCEPTANCE OF THE TERMS
1.2 You may not use the Services and products and may not accept the Terms if (a) you are not of legal age to form a binding contract with Herbal Arc, or (b) you are not permitted to receive any Services or Products under the laws of The United States of America or other countries / regions including the country / region in which you are resident or from which you use the Services.
1.3 You acknowledge and agree that Herbal Arc may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the services or the Site, you agree that the amended Terms will apply to you.
1.4 If we posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your use of the services, products and the Site.
- PROVISION OF SERVICES
2.1 Herbal Arc that you are contracting with is located in 13 Summit Square Center, Suite 130
Langhorne, PA 19047, US. who you agree may invoice you for their part of the Services and Products.
2.2 You must register on the Site in order to access and use some Services. Further, Herbal Arc reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) subject to any condition that Herbal Arc may impose in our discretion.
2.3 Herbal Arc may launch, change, impose conditions to, suspend, or stop any services or products without prior notice.
- ORDER AND REFUND
3.1 The User agrees that the liability of Herbal Arc, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each user for all claims arising from the use of the Site or services or the purchase of any product, shall be limited to the amount of purchase the User has paid to Herbal Arc describe in the order. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site, services or products must be filed within one (1) year from the date the cause of action arose, or such longer period as prescribed under any applicable law governing this Term of Use.
3.2 Quotations are valid for 10 days from issue, the price of products on the Site may vary without prior notification.
3.3 Any order is subject to the availability.
3.4 Any product ordered from a picture or photo on the Site, will not be an exact reproduction of the product in the picture or photo, certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only.
3.5 We require a deposit on placement of order for the products. For all charges or deposits for any events, products ordered by you on or through the Site, Herbal Arc or its vendors will bill your bank card or alternative payment method offered by Herbal Arc and you agree to pay all such charges or deposits. When you provide bank card information, account numbers or other information necessary to facilitate payment to us or our vendors, you represent to us that you are the authorized user of the bank card that is used to pay for the products and services. In the event legal action is necessary to collect on balances due, you agree to reimburse Herbal Arc and its vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Site.
3.6 If the order is cancelled within two (2) hours prior to the shipping, Herbal Arc reimburses the money less the commission expenses among other fees. If the order is cancelled after the shipping, then no refunds will be made. All cancellations must be submitted in writing by email directed to email@example.com and it is the responsibility of the User to ensure receipt of the cancellation confirmation.
3.7 Herbal Arc will not be held responsible for anyone suffering allergies.
3.8 Non-edible items, including but not limited to cottons, may be used to protect the products. It is the User’s responsibility to ensure that any non-edible items are removed prior to consumption.
3.9 All effort will be made by Herbal Arc to supply the products agreed upon request, however Herbal Arc will not be held responsible if the products are not available as a result of, including, but not limited to, unavailability, seasonal variation, etc.
3.10 Herbal Arc cannot be held liable for, including, but not limited to, unforeseen delays caused by events such as car accidents or poor road conditions during delivery, missed deliveries, acts of nature, forces or causes beyond our reasonable control, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
3.11 On all herbal products, there’s a 30-day refund policy if the item is returned in its original condition. All herbal products return must be unused.
- DELIVERY AND PICK UP
4.1 Products are to be collected from our premises at a prearranged time and date only. If you collect your product, we are not responsible for any damage that can occur after we hand over the product to you.
4.2 Products can be delivered and set up subject to availability; any arrangements for delivery may be subject to change, however prior notice will be given where possible.
4.3 Herbal Arc will not be held liable for any damages that may occur after the product has been collected or delivered.
4.4 Risk of loss products purchased from the Site pass to you upon delivery of the products to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments. You may return or exchange a product or service purchased from the Site in accordance with our Return Policy.
4.5 We ship Monday – Friday with products arriving in 1 to 3 days. The shipping date that you select when placing your order is the date that your product leaves our facility, not the date that item will look be delivered. Most orders will be shipped by FedEx. Some orders will be shipped by USPS for overnight deliveries. Overnight shipping to Alaska and Hawaii is available for an additional charge. Please call for rates and information.
4.6 Third-party (including but not limited to, FedEx, USPS, etc.) or contractor is used to deliver and setup the product, Herbal Arc will not be held liable for any damages that occur during delivery transport and setup.
4.7 There will be no shipping or deliveries on Memorial’s Day 4th of July, Labor Day, Thanksgiving Day Christmas Eve, Christmas Day, New Year’s Eve, New Year’s Day.
4.8 If the incorrect delivery address is supplied or if there is no-one to receive and no safe place (as unilaterally judged by Herbal Arc) to leave the ordered products, then the product will be returned to Herbal Arc premises and we will contact you to arrange re-delivery. The User hereby agrees that this will result in additional charges for both safekeeping and delivery.
4.9 User agrees that late delivery does not constitute a failure of agreement, and does not entitle User to cancellation or refund of an order.
- USERS GENERALLY
5.1 As a condition of your access to and use of the Site, you agree that you will comply with all applicable laws and regulations when using the Site, services or the purchase of any product.
5.2 All the Site content, specifications, features, products and prices of products, and services described on the Site are subject to change at any time without prior notice.
5.3 You agree to use the Site, services and products solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or Products or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etcetera available on or through the Site (the “Site Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with Herbal Arc, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Herbal Arc is prohibited. Use of any content or materials on the Site for any purpose not expressly permitted in the Terms is prohibited.
5.5 You agree not to undertake any action to undermine the integrity of the computer systems or networks of Herbal Arc and/or any other User nor to gain unauthorized access to such computer systems or networks.
5.6 By posting or displaying any information, content or material (“User Content”) on the Site or providing any User Content to Herbal Arc or our representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to Herbal Arc to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Site or the provision of any Services. You confirm and warrant to Herbal Arc that you have all the rights, power and authority necessary to grant the above license.
5.7 Each User represents, warrants and agrees that you have full power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder;
5.8 User will be required to provide information as part of the registration process on the Site or your use of any service or the User account. Each User represents, warrants and agrees that such information whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or service is true, accurate, current and complete.
5.10 Each User further represents, warrants and agrees that the User Content that you submit or post shall:
a) be true, accurate, complete and lawful;
b) not be false, misleading or deceptive;
c) not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
d) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
e) not violate other Terms or any applicable Additional Agreements;
f) not violate any applicable laws and regulations or promote any activities which may violate any applicable laws and regulations;
g) not contain any link directly or indirectly to any other web sites which includes any content that may violate the Terms.
5.11 Each User further represents, warrants and agrees that you shall/are:
a) carry on your activities on the Site in compliance with any applicable laws and regulations;
b) carry on your activities in accordance with the Terms and any applicable Additional Agreements;
c) not use the Services or Site to defraud any person or entity (including without limitation use of stolen credit/debit cards);
d) not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
e) not engage in spamming or phishing;
f) not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etcetera) or encourage or abet any unlawful activities;
g) not involve attempts to copy, reproduce, exploit or expropriate Herbal Arc’s various proprietary directories, databases and listings;
h) not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
i) not involve any scheme to undermine the integrity of the data, systems or networks used by Herbal Arc and/or any user of the Site or gain unauthorized access to such data, systems or networks;
j) not engage in any activities that would otherwise create any liability for Herbal Arc or our affiliates.
5.12 User may not use the Services and user account to engage in activities which are identical or similar to Herbal Arc’s marketplace business.
6.1 User must be registered on the Site to access or use some services, including but not limited to place orders. Herbal Arc may reject User’s application for registration, we may suspend or terminate your account or your use of the Site at any time, for any reason without prior notice.
6.2 Upon registration on the Site, Herbal Arc shall assign an account and issue a User ID and password (the latter shall be chosen by a registered User during registration) to each registered User.
6.3 User agrees that all activities that occur under your account (including without limitation, posting any information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services or products) will be deemed to have been authorized by the User.
6.4 User acknowledges that sharing of your account with other persons, or allowing multiple users to use your account (collectively, “multiple use”), may cause irreparable harm to Herbal Arc or other Users of the Site. User shall indemnify Herbal Arc, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use or misuse of your account. User also agrees that in case of the multiple use or misuse of your account or User’s failure to maintain the security of your account, Herbal Arc shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate User’s account without liability to User.
- LIMITATION OF LIABILITY
7.1 to the maximum extent permitted by law, the services and products provided by Herbal Arc on or through the site are provided “as is”, “as available” and “with all faults”, and Herbal Arc hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties of condition, quality, durability, performance, accuracy or reliability. All such warranties, representations, conditions, and undertakings are hereby excluded.
7.2 All products and services purchased on or through the Site are subject only to any applicable warranties of their respective manufacturers, distributors and suppliers, if any. To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this web site. Without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection or misappropriation. We make no warranties to those defined as consumers in the magnuson-moss warranty-federal trade commission improvements act. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
7.3 Any material downloaded or otherwise obtained through the Site is done at each User’s sole discretion and risk and each User is solely responsible for any damage to User’s computer system or Herbal Arc’s computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Herbal Arc or through or from the Site shall create any warranty not expressly stated herein.
7.4 The Site may make available to User services or products provided by independent third parties.
7.5 Each User hereby agrees to indemnify and save Herbal Arc, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User’s use of the Site or Services or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save Herbal Arc, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User’s breach of any representations and warranties made by User to Herbal Arc.
7.6 Herbal Arc shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following.
a) the use or the inability to use the Site or Services;
b) any defect in data, information or services obtained from a User through the Site;
c) unauthorized access by third parties to data or private information of any User;
d) any matters relating to our services and products however arising, including negligence.
7.7 The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not Herbal Arc has been advised of or should have been aware of the possibility of any such losses arising.
- FORCE MAJEURE
8.1 Under no circumstances shall Herbal Arc be held liable for any delay or failure or disruption of the content or services or products delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
- INTELLECTUAL PROPERTY RIGHTS
9.1 Herbal Arc is the sole owner or lawful licensee of all the rights and interests in the Site, Site Content and Products. The Site, Site Content and products embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and Site Content shall remain with Herbal Arc.
9.2 ” Herbal Arc ” and related icons and logos are registered trademarks or trademarks or service marks of Herbal Arc and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
9.3 Herbal Arc may have independent third parties involved in the provision of the Services. You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
- DISPUTE RESOLUTION
10.1 Escalation. In the event of dispute, either party may call for escalation by written notice to the other. Within 5 business days of such notice, Herbal Arc shall designate an executive with authority to make commitments that would resolve the dispute (a “Senior Manager). The parties (Herbal Arc Senior Manager and the User) shall meet in person or by telephone (“Dispute Conference’) within 5 business days of their designation and shall negotiate in good faith to resolve the dispute. Except to the extend necessary to prevent irreparable harm or to preserve rights or remedies, neither party shall initiate arbitration until 10 business days after the Dispute Conference.
10.2 If the parties do not reach an agreement by the escalation established in the previous clause 10.1, the arbitration shall proceed.
10.3 Arbitration. Any claim arising out of or related to this Agreement, shall be submitted to mandatory, binding arbitration under the auspices of the JAMS (the “Alternate Dispute Resolution (ADR) Association”) in Pennsylvania, with the parties sharing equally the costs of arbitration. Arbitration will proceed according to the commercial rules of the ADR Association.
10.4 User and Herbal Arc agree that we intend that this section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms and Conditions, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Site, (ii) any purchases or other transactions or relationships with Herbal Arc, or (iii) any data or information you may provide to Herbal Arc or that Herbal Arc may gather in connection with such use, interaction or transaction (collectively, “Herbal Arc Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Site, or engaging in any other Herbal Arc Transactions or Relationships with us, you agree to binding arbitration as provided below.
(a) Single Arbitrator. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and Herbal Arc (the “Arbitrator”);
(b) Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms and Conditions and/or these arbitration provisions in this Section hereof, including but not limited to any claim that all or any part of these Terms and Conditions is void or voidable;
(c) Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and Herbal Arc; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.
(d) Governing Law. The Arbitrator (i) shall apply internal laws of the Commonwealth of Pennsylvania consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Pennsylvania or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
(e) No Class Relief. The Arbitration can resolve only your and/or Herbal Arc’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
(f) Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
(g) Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, Herbal Arc will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
(h) Reasonable Attorney’s Fees. In the event you recover an Award greater than Herbal Arc’s last written settlement offer, the Arbitrator shall also have the right to include in the Award Herbal Arc’s reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but Herbal Arc shall in all events bear its own attorneys’ fees; and
(i) Interpretation and Enforcement of Arbitration Clause. With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Herbal Arc shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.
(j) Modification of Arbitration Clause with Notice. Herbal Arc may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after Herbal Arc has given notice of such modifications and only on a prospective basis for claims arising from Herbal Arc Transactions and Relationships occurring after the effective date of such notification.
(k) Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against Herbal Arc in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
11.1 All legal notices or demands to or upon Herbal Arc shall be made in writing and sent to Herbal Arc personally to the following entity and address: Herbal Arc, 13 Summit Square Center, Suite 130
Langhorne, PA 19047, US.
The notices shall be effective when they are received by Herbal Arc in the above-mentioned manner.
11.2 All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Herbal Arc, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when.
a) Herbal Arc is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
b) immediately upon Herbal Arc posting such notice on an area of the Site that is publicly accessible without charge.
11.3 You agree that all agreements, notices, demands, disclosures and other communications that Herbal Arc sends to you electronically satisfy the legal requirement that such communication should be in writing.
- GENERAL PROVISIONS
12.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and Herbal Arc with respect to and govern your use of the Site and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
12.2 Herbal Arc and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
12.3 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
12.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
12.5 Herbal Arc failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of Herbal Arc’s right to act with respect to subsequent or similar breaches.
12.6 Herbal Arc shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of Herbal Arc). You may not assign, in whole or part, the Terms to any person or entity.
12.7 In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of The United States of America, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Pennsylvania, The United States of America.