Terms, Security, Privacy

Conditions of Use

TERMS

Last updated: 5/10/2021

 

Please read these Terms of Use (“terms of use”) carefully.  These Terms of Use govern your access to and use of this website, including all information, services and other content provided on thIs Site (collectively, the “SITE”).  By accepting these terms of use or by accessing and using the Site, you agree that: (1) you have read and agree to be bound by these Terms of Use, and (2) these Terms of Use constitute a binding agreement between you and Herbal Brands, Inc. (“herbal brands”).  If you do not agree to these Terms of Use, you are not permitted to access or use the Site.  

NOTICE OF BINDING ARBITRATION AND WAIVER OF CLASS ACTION: THESE TERMS OF USE INCLUDE A MANDATORY BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER, WHICH LIMIT YOUR RIGHTS IN THE EVENT OF A DISPUTE RELATED TO THIS SITE.  PLEASE REFER TO THE “ARBITRATION AGREEMENT AND CLASS ACTION WAIVER” SECTION BELOW FOR MORE INFORMATION.

Minimum Age

You represent that you are at least 18 years of age (or the age of majority in the State in which you reside).  If you are under the age of 18 (or the age of majority in the State in which you reside), this Site is not intended for you and you may not use this Site. 

Modifications

 

Herbal Brands reserves the right to modify and update these Terms of Use, as well as any aspect of the Site at any time in its sole discretion.  Your continued access to or use of the Site will constitute your acceptance of any modifications and updates made by Herbal Brands.  

 

Your Account

You may be required to create an account with Herbal Brands (“Account”) to access certain content and services on the Site.  You are not permitted to share, sell, distribute or otherwise transfer your Account or allow your login credentials to be used by any other individual.  Herbal Brands may terminate your Account and suspend your use of the Site for any reason or no reason, without prior notice to you, including but not limited to if Herbal Brands suspects that your Account is being used in an unauthorized manner.

Site Content

The Site, including all information, services, images, logos, trademarks, graphics, software, and other content made available by Herbal Brands on the Site (collectively, the “Site Content”) are the sole property of Herbal Brands, its affiliates or their licensors and are protected by copyright and other laws, both in the United States and in other countries.  You may not reproduce, modify, republish, distribute, resell, broadcast, reverse-engineer, create derivative works from or otherwise exploit in any manner, in whole or in part, the Site Content, except to the extent expressly permitted by Herbal Brands.  You may download and copy Site Content made available to you on the Site for your personal and noncommercial use, provided that you keep intact any copyright or other proprietary notices displayed therein.  Except for this limited license, Herbal Brands does not convey any interest in or to the Site Content.  All rights not expressly granted herein are reserved by Herbal Brands, its affiliates and their licensors.

 

Third-Party Services

 

The Site may include links to or plug-ins of third-party websites, apps or services that may be operated by companies not affiliated with Herbal Brands.  The inclusion of such links or plug-ins on the Site is provided solely as a convenience to you, and Herbal Brands makes no representations or warranties regarding any such third-party website, app or service.   If you choose to click on any link to or plug-in of a third-party website, app or service, you understand that you are connecting directly to the third-party website, app or service and will be subject to any terms of use, policies and privacy practices of such third party.

Digital Millennium Copyright Act

 

Herbal Brands endeavors to observe the requirements of the Digital Millennium Copyright Act.  In the event you believe that any Site Content infringes your copyright or other intellectual property right, you may notify our designated agent by email at MHomyk@BlankRome.com or at the following mailing address:

Herbal Brands
Attn: Matt Homyk- DMCA Complaint
One Logan Square
Philadepphia, PA  19103-6998

You must include the following information in your complaint:

• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of the material that you claim is infringing with respect to the Site;
• your email address, mailing address and telephone number;
• a statement by you that you have a good faith belief that the use of the material on the Site is not authorized by the copyright owner, the copyright owner’s agent or law;
• a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
• an electronic or physical signature of the copyright owner or person authorized to act on behalf of the copyright owner. 

User Material

 

The Site may contain message boards, discussion groups or other public forums through which users of the Site (“Users”) may submit and post content, including but not limited to reviews, comments, ideas, photos and other information (collectively, “User Material”).  While Herbal Brands does not normally review or monitor submissions of User Material, Herbal Brands reserves the right to block, refuse, delete, remove or edit, in whole or in part, any User Material that violates these Terms of Use or is otherwise objectionable, as determined by Herbal Brands in its sole discretion.  Herbal Brands assumes no liability in connection with your use of any User Material published on the Site, including any errors or omissions contained in such User Material, or for any loss or damage incurred as a result of your use of any User Material. 

 

To the extent you submit any content to the Site, Herbal Brands cannot and does not guarantee that your User Material will not be misused by other Users.  You are solely responsible and assume all risks associated with any User Material you submit or that is submitted through your Account.    

 

You grant to Herbal Brands a nonexclusive, royalty-free, perpetual, worldwide, irrevocable, sublicensable and transferable license to use, host, store, reproduce, modify, publish, adapt, translate, edit, create derivative works from, publicly display and distribute any User Material you submit to the Site in any media.  You hereby waive any moral rights you may have in the User Material.  By posting User Material on the Site, you represent and warrant that you own or have the necessary rights and permissions to provide such User Material to Herbal Brands, and to authorize Herbal Brands to use such User Material in the manner contemplated by these Terms of Use.  You acknowledge that Herbal Brands has no obligation to keep any User Material you submit to the Site confidential. 

 

Please keep in mind that whenever you voluntarily disclose personal information online - in the optional fields in your profile, through email, or in areas of the Site - that information may be accessible to other users of the Site or may be made public.  Please do not post or add personal data to your profile or elsewhere on the Site that you would not want to be publicly available. 

Acceptable Use Policy 

 

You agree that you will not post or submit any User Material or use the Site in a manner that: (1) is obscene, inappropriate, threatening, harassing, abusive, false, inaccurate, deceptive, libelous, defamatory, vulgar, pornographic, invasive of privacy or is otherwise injurious to third parties; (2) constitutes a criminal offense, gives rise to civil liability, or otherwise violates any local, state, national, or international law; (3) contains computer viruses, malware, bots, worms, Trojan horses or other harmful, disruptive, or destructive materials that limit the functionality of any computer software, hardware, or telecommunications equipment; (4) includes advertisements, promotional materials, spam, junk mail, pyramid schemes or other forms of solicitation; (5) impersonates another person or entity or falsely states or misrepresents your affiliation with a person or entity; (6) attempts to or disguises the origin of any User Material posted to the Site; (7) implies Herbal Brands’ endorsement of your content; (8) restricts or interferes with any other User’s ability to use or enjoy the Site, as determined by Herbal Brands in its sole discretion;  (9) tampers with postings, registration information, profiles, submissions or content of other users; (10) uses any robot, spider, scraper or other automated means or interface not provided by Herbal Brands to access the Site; (11) extracts data or gathers or uses information available through the Site through any means not intentionally made available or provided for through the Site; (12) infringes or alleges to be infringing upon a third-party's intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party, including, without limitation, any content that is the subject of any third-party claim of infringement; (13) violates contractual or fiduciary relationships; or (14) violates these Terms of Use or uses the Site in any manner that is inconsistent with the purposes or objectives of this Site, as determined in good faith by Herbal Brands.  Herbal Brands reserves the right to suspend or terminate your access to the Site and seek other legal or equitable remedies, upon becoming aware of any violation of this Acceptable Use Policy by you.

Warranty Disclaimer

 

The Site and its content are provided on an "as is" and “as available” basis.  Herbal Brands makes no representations or warranties of any kind regarding: (1) the SITE content, including but not limited to (A) the accuracy, completeness, security, availability or timeliness of The SITE content, or (B) the results obtained OR TO BE OBTAINED from The SITE CONTENT; or (2) the absence of any malware or other harmful code on The SITE or within any Site content.  Herbal Brands, its affiliates and licensors disclaim all warranties, express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement and fitness for a particular purpose.  

 

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND ACCORDINGLY, THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.  IF YOU ARE A CONSUMER, ANY STATUTORY RIGHTS THAT CANNOT BE WAIVED BY YOU ARE UNAFFECTED BY THIS SECTION.  

Limitation of Liability

In no event will Herbal Brands, its affiliates or licensors be liable to you for any direct, incidental, indirect, exemplary, punitive, special, or consequential damages, OR lost revenues or profits, arising out of or related to your use OF the Site, whether based on warranty, contract, tort, delict or any other legal theory and whether or not Herbal Brands has been advised of the possibility of such damages. 

BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, Herbal Brands’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE maximum EXTENT PERMITTED BY THE LAWs OF SUCH JURISDICTION.

 

Indemnity

You agree to indemnify, defend and hold harmless Herbal Brands and its affiliates, and each of their respective officers, directors, employees, agents, suppliers and representatives, from and against all losses, expenses, damages, fines, penalties and other costs, including reasonable attorney fees, arising out of or related to (1) your use or misuse of the Site, including any Site Content; (2) your breach of these Terms of Use; or (3) any User Materials submitted by you to the Site.  Herbal Brands reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section, in which event you agree to cooperate with any reasonable requests assisting our defense of such matter.

Governing Law

All questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by and construed in accordance with the domestic laws of the State of Delaware without giving effect to any choice of law or conflict of law. 

 

Arbitration Agreement and Class Action Waiver

 

1. Mandatory Arbitration.  YOU AND HERBAL BRANDS AGREE TO SUBMIT ANY AND ALL DISPUTES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE (each, a “Dispute”) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement (“Arbitration Agreement”).  You and Herbal Brands waive the right to a trial by jury and any right to have a Dispute heard in court.

 

In arbitration, Disputes are resolved by a neutral arbitrator instead of a judge or jury, discovery is more limited than in court, and the arbitrator's decision is subject to limited review by courts.  The arbitrator can award on an individual basis the same damages and relief as a court, including monetary damages, injunctive relief, and declaratory relief.  Judgment on the arbitrator's award may be entered in any court having jurisdiction thereof.  A single arbitrator with the American Arbitration Association ("AAA") will conduct the arbitration, and the award may not exceed the relief allowed by applicable law.  The arbitration will be conducted in the county of your residence or another mutually agreed location.  The AAA's Consumer Arbitration Rules will apply.  If AAA will not apply those rules, then AAA's Commercial Arbitration Rules will apply.  The AAA's rules and a form that can be used to initiate arbitration proceedings are available at http://www.adr.org.  You and Herbal Brands agree that if for any reason AAA will not conduct or becomes unavailable to conduct the arbitration, then a court may appoint a substitute arbitrator, and further agree that the choice of AAA as a forum is not integral to the Arbitration Agreement.

The arbitrator will decide all issues relating to the enforceability, interpretation, scope, and application of this Arbitration Agreement (including “gateway” issues of arbitrability, whether the Arbitration Agreement is unconscionable or illusory and any defense to arbitration), and these Terms of Use, except that a court will resolve any question regarding the validity or enforceability of the class action waiver set forth in Section 2 of this Arbitration Agreement.  The term "Dispute" and the requirement to arbitrate will be broadly interpreted.   

 

2. Arbitration Class Action Waiver.  You and Herbal Brands agree that the arbitration will be conducted solely on an individual basis and not on a class, representative, consolidated, or private attorney general basis.  A Dispute may not be consolidated with a claim brought or discovery by any person or entity that is not a party to the arbitration proceeding.  The arbitrator may not award relief to any person or entity other than a party to the arbitration proceeding and may only award such relief as is necessary to provide relief to a party to the arbitration proceeding.  If a court deems any portion of this Section 2 invalid or unenforceable, then Sections 1 and 3 of this Arbitration Agreement will be null and void.

 

3. Fees and Costs in Arbitration.  Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.  Herbal Brands will reimburse you for those fees up to $7,500, unless the arbitrator determines the claims are frivolous.  Likewise, Herbal Brands will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous.  

 

4. Non-Arbitration Class Action and Jury Waiver.  You and Herbal Brands agree that if for any reason a Dispute proceeds in court rather than arbitration: (1) you and Herbal Brands waive any right to a jury trial; (2) the Dispute will proceed solely on an individual, non-class, non-representative basis; and (3) neither you nor Herbal Brands may be a class representative or class member or otherwise participate in any class, representative, consolidated, or private attorney general proceeding.

 

5. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN 30 DAYS FROM THE EARLIER OF: (1) THE DATE YOU ACCEPT THESE TERMS OF USE, OR (2) THE DATE YOU FIRST AGREED OR ASSENTED TO AN AGREEMENT WITH HERBAL BRANDS THAT CONTAINED AN ARBITRATION PROVISION.  The opt-out notice must be postmarked no later than the applicable deadline and mailed to MHomyk@BlankRome.com The opt-out notice must state that you do not agree to this Arbitration Agreement and must include your name, address, phone number and email address.  This procedure is the only way you can opt out of this Arbitration Agreement, and failure to comply strictly with this procedure and the applicable deadline automatically will render the opt-out notice null and void.

General

To the extent any portion of these Terms of Use is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use, as modified, will remain in full force and effect.  This is the entire agreement between you and Herbal Brands relating to the subject matter herein.

Electronic Communications.  These Terms and any other documentation, agreements, notices, or communications between you and Herbal Brands may be provided to you electronically to the extent permissible by law.  Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.

How To Contact Us

If you have any questions about these Terms of Use, please contact Matt Homyk at MHomyk@BlankRome.com.

 

 

SECURITY

We employ the Internet's strongest security technologies, including Secure Sockets Layer (SSL). Your personal financial information necessary to complete your transaction is transmitted over the Internet in a safe and encrypted format using the latest security techniques.

 

 

PRIVACY POLICY

Effective Date: 5/10/2021

 

Herbal Brands, Inc. and its U.S. affiliates and subsidiaries (collectively, “Herbal Brands”) respect your concerns about privacy. This U.S. Privacy Policy describes the types of personal information we collect, how we use the information, with whom we may share it and the choices available to you regarding our use of the information. We also describe measures we take to protect the security of the information and how you can contact us about our privacy practices. 

This U.S. Privacy Policy applies to all the products and services offered by Herbal Brands (including on our websites (“Sites”), except where a product or service has a separate privacy notice that does not incorporate this U.S. Privacy Policy.

 

• Information We Obtain
• How We Use the Information We Obtain
  • Third-Party Analytics Services
  • Interest-Based Advertising
• Information We Share
• Your Rights and Choices
• How We Protect Personal Information
• Children’s Privacy
• Links to Third-Party Services and Features
• Updates to Our U.S. Privacy Policy
• How to Contact Us

 

Information We Obtain

We obtain personal information about you in various ways, such as when you visit our Sites or contact us.

The types of personal information we may obtain include: 

• Contact information, such as name, telephone number, and postal and email address;
• User-generated content related to product reviews, comments, questions and answers;
• Payment information, such as name, billing address, and payment card details (including card number, expiration date and security code) for payments processed by us; to the extent payments are processed by third parties such as PayPal, the privacy policies of those parties govern the processing of this information;
• Order history, including information about products purchased or viewed on the Sites;
• Demographic information such as age and gender;
• Details you provide through contests, sweepstakes and surveys;
• Social media information, such as social media handles, content and other data shared with us through social media pages (such as our social media pages or other pages accessible to us);
• Information you provide in the course of applying for a job with us, such as details about your education, work and military history, legal work eligibility status, and background check information; and
• Other information you choose to provide, such as through our “Contact Us” feature, emails or other customer support tools.

 

When you visit our Sites, we may obtain certain information by automated means, such as cookies, web beacons, web server logs and other technologies. A “cookie” is a text file that websites send to a visitor’s computer or other internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon,” also known as an internet tag, pixel tag or clear GIF, links web pages to web servers and cookies and may be used to transmit information collected through cookies back to a web server. The information we collect in this manner may include your device IP address, unique device identifier, web browser characteristics, device characteristics, operating system, language preferences, referring URLs, clickstream data, and dates and times of website visits.

 

We may use these automated technologies on our Sites to collect information about your equipment, browsing actions, and usage patterns. These technologies help us (1) remember your information so you do not have to re-enter it; (2) track and understand how you use and interact with our Sites; (3) tailor the Sites around your preferences; (4) measure the usability of our Sites and the effectiveness of our communications; and (5) otherwise manage and enhance our products and services, and help ensure they are working properly. 

 

Your browser may tell you how to be notified about certain types of automated collection technologies and how to restrict or disable them. Please note, however, that without these technologies, you may not be able to use all of the features of our Sites. For mobile devices, you can manage how your device and browser share certain device data by adjusting the privacy and security settings on your mobile device.

How We Use the Information We Obtain

 

We may use the personal information we obtain to: 

• Provide our products and services;
• Process and fulfill transactions in connection with our products and services;
• Communicate with you (including providing you with offers and other communications about our products and services), respond to inquiries and offer customer support;
• Post your product reviews;
• Verify your identity;
• Personalize your experience on our Sites;
• Advertise and market our products and services;
• Administer participation in surveys, sweepstakes, promotions or other programs;
• Respond to your requests and inquiries and provide customer support;
• Manage career opportunities with us, including for recruitment purposes, candidate screening and evaluation, and employee onboarding;
• Operate, evaluate and improve our business (including developing new products and services; enhancing, improving and analyzing our products and services; managing our communications; analyzing our user base and Sites; performing data analytics and market research; and performing accounting, auditing and other internal functions);
• Maintain and enhance the safety and security of our Sites, products and services and prevent misuse;
• Exercise our rights and remedies and defend against legal claims;
• Protect against, identify and prevent fraud and other criminal activity, claims and other liabilities; and
• Comply with and enforce applicable legal requirements, relevant industry standards and Herbal Brands policies, including our Terms

We also may use the information in other ways for which we provide specific notice at the time of collection. 

Third-Party Analytics Services

 

We may use third-party analytics services on our Sites, such as Google Analytics. The information we obtain through the Sites may be disclosed to or collected directly by these services. To learn more about Google Analytics, please visit https://www.google.com/policies/privacy/partners/.

 

Interest-Based Advertising

 

On our Sites, we may obtain information about your online activities to provide you with advertising about products and services that may be tailored to your interests. This section of our U.S. Privacy Policy provides details and explains how to exercise certain choices.

 

You may see our ads on other websites because we use third-party ad services. Through these ad services, we can target our messaging to users considering demographic data, users’ inferred interests and browsing context. These services track your online activities over time and across multiple websites and apps by collecting information through automated means, including through the use of cookies, web server logs, web beacons and other similar technologies. The ad services use this information to show you ads that may be tailored to your individual interests. The information ad services may collect includes data about your visits to websites that serve Herbal Brands advertisements, such as the pages or ads you view and the actions you take on the websites or apps. This data collection takes place both on our Sites and on third-party websites and apps that participate in these ad services. This process also helps us track the effectiveness of our marketing efforts.

 

The Sites are not designed to respond to “do not track” signals from browsers.

 

To learn how to opt out of interest-based advertising in the U.S., please visit www.aboutads.info/choices, http://www.networkadvertising.org/choices/, and http://preferences-mgr.truste.com/.

 

Information We Share

 

We may share the information we obtain about you with our affiliates and subsidiaries. We also may share the information we obtain about you with third-party vendors and other entities to perform services on our behalf, such as website hosting, data analytics, order fulfillment, research, advertising, payment processing and other services.

 

We also may disclose personal information (1) if we are required to do so by law or legal process (such as a court order or subpoena); (2) in response to requests by government agencies, such as law enforcement authorities; (3) to establish, exercise or defend our legal rights; (4) when we believe disclosure is necessary or appropriate to prevent physical or other harm or financial loss; (5) in connection with an investigation of suspected or actual illegal activity or (6) otherwise with your consent or as directed by your representative.

 

We reserve the right to transfer any personal information we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution or liquidation).

 

Your Rights and Choices

 

We offer you certain choices in connection with the personal information we collect from you. To update your preferences, limit the communications you receive from us, or submit a request, please contact us as indicated in the How To Contact Us (see below) section of this U.S. Privacy Policy. You can unsubscribe from our marketing mailing lists by following the “Unsubscribe” link in our emails.

 

How We Protect Personal Information

 

We maintain administrative, technical and physical safeguards designed to protect the personal information you provide against accidental, unlawful or unauthorized access, destruction, loss, alteration, disclosure or use.

 

Children’s Privacy

 

Our Sites are designed for a general audience and are not directed to children. In connection with the Sites, we do not knowingly solicit or collect personal information from children under the age of 13 without parental consent. If we learn that we have collected personal information from a child under age 13 without parental consent, we will either seek parental consent or promptly delete that information. If you believe that a child under age 13 may have provided us with personal information without parental consent, please contact us as specified in the How To Contact Us (see below) section of this U.S. Privacy Policy.

 

Links to Third-Party Services and Features

 

For your convenience and information, our Sites may provide links to other online services, and may include third-party features such as apps, tools, widgets and plug-ins. For example, we may facilitate access to the online maps of content providers like Google, which may use your geolocation information. These online services and third-party features may operate independently from us. The privacy practices of the relevant third parties, including details on the information they may collect about you, are subject to the privacy statements of these parties, which we strongly suggest you review. To the extent any linked online services or third-party features are not owned or controlled by Herbal Brands, we are not responsible for these third parties’ information practices.

 

Updates to Our U.S. Privacy Policy

 

We may update this U.S. Privacy Policy from time to time and without prior notice to you to reflect changes in our personal information practices. We will indicate at the top of the policy when it was most recently updated.

 

How to Contact Us

 

You can update your preferences, ask us to remove your information from our mailing lists, submit a request or ask us questions about this U.S. Privacy Policy by calling us at 1-800-943-3869, emailing us at info@herbalbrands.com or writing to us at:

 

Herbal Brands, Inc.

Attn: Privacy
PO Box 1450
Tempe, AZ 85280