Terms and Conditions
Western Herbal and Nutrition Terms of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, please do not use this site.
Western Herbal and Nutrition, Inc. may revise and update these Terms and Conditions at any time. Your continued usage of the westernherbal.com website will mean you accept those changes.
INDEX
The Site Does Not Provide Medical Advice
Liability of Western Herbal and Nutrition, Inc. and Its Licensors
User Submissions
Account Information & Passwords
Western Herbal and Nutrition, Inc. Forum (“public areas”)
Advertisements, Searches and Links to Other Sites
Indemnity
General
Jurisdiction
Complete Agreement
The site does not provide medical advice
The contents of the Western Herbal and Nutrition, Inc. Site, such as text, graphics, images, information obtained from Western Herbal and Nutrition, Inc.' partners, and other material contained on the Western Herbal and Nutrition, Inc. Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
Reliance on any information provided by Western Herbal and Nutrition, Inc., Western Herbal and Nutrition, Inc. employees, others appearing on the Site at the invitation of Western Herbal and Nutrition, Inc., or other visitors to the Site is solely at your own risk.
Liability of Western Herbal and Nutrition, Inc. and its licensors
The use of the Western Herbal and Nutrition, Inc. Site and the Content is at your own risk.
When using the Western Herbal and Nutrition, Inc. Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Western Herbal and Nutrition, Inc. and its suppliers. Accordingly, Western Herbal and Nutrition, Inc. assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Western Herbal and Nutrition, Inc. Site.
The Western Herbal and Nutrition, Inc. Site and the content are provided on an "as is" basis. WESTERN HERBAL AND NUTRITION, INC., ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Western Herbal and Nutrition, Inc., its licensors, and its suppliers make no representations or warranties about the following:
In no event shall Western Herbal and Nutrition, Inc., its licensors, its suppliers, or any third parties mentioned on the Western Herbal and Nutrition, Inc. Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Western Herbal and Nutrition, Inc. Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Western Herbal and Nutrition, Inc., its licensors, its suppliers, or any third parties mentioned on the Western Herbal and Nutrition, Inc. Site are advised of the possibility of such damages. Western Herbal and Nutrition, Inc., its licensors, its suppliers, or any third parties mentioned on the Western Herbal and Nutrition, Inc. Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. Western Herbal and Nutrition, Inc., its licensors, its suppliers, or any third parties mentioned on the Western Herbal and Nutrition, Inc. Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
User submissions
The personal information you submit to Western Herbal and Nutrition, Inc. is governed by the Western Herbal and Nutrition, Inc. Privacy Policy. To the extent there is an inconsistency between this Agreement and the Western Herbal and Nutrition, Inc. Privacy Policy, this Agreement shall govern.
You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including blogs, message boards, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.
If you make any such submission you agree that you will not send or transmit to Western Herbal and Nutrition, Inc. by email, (including through the email addresses listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Western Herbal and Nutrition, Inc. by email, you agree such submission is non-confidential for all purposes.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to Western Herbal and Nutrition, Inc. by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-Western Herbal and Nutrition, Inc. a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Western Herbal and Nutrition, Inc. may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to Western Herbal and Nutrition, Inc. by email. We try to answer every email in a timely manner, but are not always able to do so.
You agree to only post or upload Media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.
To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL.) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.
By uploading any media on the Western Herbal and Nutrition, Inc. site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.
It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions, the Western Herbal and Nutrition, Inc. Advertising Policy and the Western Herbal and Nutrition, Inc. Privacy Policy.
You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.
By uploading any media like a photo or video, (a) you grant to Western Herbal and Nutrition, Inc. a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes Western Herbal and Nutrition, Inc. to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify Western Herbal and Nutrition, Inc. and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these the terms described in this document.
Western Herbal and Nutrition, Inc. reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.
Account Information & Passwords
Western Herbal and Nutrition, Inc. has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Western Herbal and Nutrition, Inc. passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your Western Herbal and Nutrition, Inc. account and password; (3) promptly inform Western Herbal and Nutrition, Inc. of any need to deactivate a password. You grant Western Herbal and Nutrition, Inc. and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Western Herbal and Nutrition, Inc. cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using Western Herbal and Nutrition, Inc. tools and services.
Western Herbal and Nutrition, Inc. Forum ("public areas")
If you use a Public Area, such as a chat room, message boards, blogs or community Ask Our Expert posting or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Western Herbal and Nutrition, Inc. and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of the Terms and Conditions:
- Using a Public Area for any purpose in violation of local, state, national, or international laws;
- Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- Posting advertisements or solicitations of business;
- After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
- Posting chain letters or pyramid schemes;
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent;
10. Allowing any other person or entity to use your identification for posting or viewing comments
11. Posting the same note more than once or "spamming"; or
12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of Western Herbal and Nutrition, Inc., exposes Western Herbal and Nutrition, Inc. or any of its customers or suppliers to any liability or detriment of any type.
Western Herbal and Nutrition, Inc. reserves the right (but is not obligated) to do any or all of the following:
- Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
Western Herbal and Nutrition, Inc. has no liability or responsibility to users of the Western Herbal and Nutrition, Inc. Site or any other person or entity for performance or nonperformance of the aforementioned activities
Advertisements, searches, and links to other sites
Western Herbal and Nutrition, Inc. may provide links to third-party web sites. Western Herbal and Nutrition, Inc. also may select certain sites as priority responses to search terms you enter and Western Herbal and Nutrition, Inc. may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Western Herbal and Nutrition, Inc. does not recommend and does not endorse the content on any third-party websites. Western Herbal and Nutrition, Inc. is not responsible for the content of linked third-party sites, sites framed within the Western Herbal and Nutrition, Inc. Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Western Herbal and Nutrition, Inc. does not endorse any product, service, or treatment advertised on the Western Herbal and Nutrition, Inc. Site.
Indemnity
You agree to defend, indemnify, and hold Western Herbal and Nutrition, Inc., its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
General
Western Herbal and Nutrition, Inc. is based in Temecula, California, in the United States of America. Western Herbal and Nutrition, Inc. makes no claims that Western Herbal and Nutrition, Inc., or any Site within the Western Herbal and Nutrition, Inc. Network and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Western Herbal and Nutrition, Inc. Network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.
Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with Western Herbal and Nutrition, Inc., or in any way relating to your use of the Western Herbal and Nutrition, Inc. Site, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving Western Herbal and Nutrition, Inc. or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Complete agreement
Except as expressly provided in a particular "legal notice" on the Western Herbal and Nutrition, Inc. Site, these Terms and Conditions and the Western Herbal and Nutrition, Inc. Privacy Policy constitute the entire agreement between you and Western Herbal and Nutrition, Inc. with respect to the use of the Western Herbal and Nutrition, Inc. Site, and Content.
Thank you for your cooperation. We hope you find the Western Herbal and Nutrition, Inc..com Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form or via U.S. mail to: Western Herbal and Nutrition, Inc. Office of Privacy, 29001 Ynez Rd. Temecula, CA 92592.
Last Updated: December 2015