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USER
AGREEMENT
YouHerbal.com PROVIDES VARIOUS
SERVICES TO ITS USERS WHICH ARE DETAILED ON THE
WEBSITE (HEREINAFTER REFERRED TO AS THE
?SERVICES?)
PLEASE READ THIS AGREEMENT
CAREFULLY. THIS AGREEMENT GOVERNS YOUR USE OF THE WEB
SITE (THE "WEB SITE") AND THE SERVICES AND GOODS
PROVIDED THROUGH OR IN CONNECTION WITH THE WEB SITE
(COLLECTIVELY, THE "SERVICE"). IT EXEMPTS THE COMPANY
(THE "COMPANY") AND OTHERS FROM LIABILITY OR LIMITS
THEIR LIABILITY AND CONTAINS OTHER IMPORTANT PROVISIONS
THAT YOU SHOULD READ. EACH TIME YOU USE THE WEB SITE
SERVICE, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ,
UNDERSTOOD, AND AGREED TO BE BOUND BY THIS AGREEMENT. IF
YOU DO NOT AGREE TO BE BOUND BY EACH PROVISION OF THIS
AGREEMENT EACH TIME YOU USE THE SERVICE, YOU MAY NOT USE
THE SERVICE.
EACH TIME YOU USE THE SERVICE, THE
TEXT OF THIS AGREEMENT AS IT THEN READS WILL GOVERN YOUR
USE. ACCORDINGLY, WHEN YOU USE THE SERVICE, YOU SHOULD
CHECK THE EFFECTIVE DATE OF THIS AGREEMENT (WHICH
APPEARS AT THE TOP OF THIS AGREEMENT) AND, IF THE
AGREEMENT HAS BEEN REVISED SINCE YOUR LAST VISIT TO THE
WEB SITE, REVIEW THIS NEW VERSION OF THE AGREEMENT.
This End-User Services Agreement ("Agreement")
is an agreement between you, an individual or an
individual acting on behalf of your employer, a
corporation, partnership, or other legal entity that
will be using YouHerbal.com's services ("User"), and
?YouHerbal.com? ("Company").
1. USE OF REGISTRATION DATA
The User acknowledges that
Registration Data is to be stored with the Company. The
Company agrees not to contact the User if the User
informs the Company of the User's preference to not be
contacted. The Company shall endeavour to restrict third
parties from contacting the User, and shall not provide
or disclose User?s Registration Data to any third party,
without express authorization of the User.
The User agrees that the Company,
or an authorized official of the Company may disclose
Registration Data to third parties about the User as
well as information about the User's use of the
Services, provided that such disclosures do not include
the User's name, mailing address, email address,
telephone or facsimile number, or account number,
unless: (a) the User has authorized Company and to
disclose such information; (b) such disclosure is
required by law or legal process; or (c) the User
violates any of the terms set forth in Section 7 below.
This Agreement includes the terms
and conditions of the Company's Privacy Policy, details
of which are available on the website, and which is
hereby incorporated by reference. In the event that
there exists any inconsistency between this Agreement
and the Privacy Policy, the terms and conditions of the
Privacy Policy shall take precedence.
2. AUTHORIZED USERS
The System may be used only by
individuals who have reached the age of majority or
legal age in their jurisdictions and who can form
legally binding contracts under applicable law. The
System may not be used by individuals who have had their
Web Site membership or account terminated or by
individuals in jurisdictions where the System, or any
part of it, may be illegal. It is solely your
responsibility to determine whether your use of the
System is lawful, and you must comply with all laws
applicable in your jurisdiction, including export
restrictions. The Company reserves the right to limit
the availability of the Service and/or the provision of
any service, program, film, or other product described
therein to any person, geographic area, or jurisdiction
we so desire, at any time and in our sole discretion,
and to limit the quantities of any such service,
program, film, or other product that the Company
provides. VOID WHERE PROHIBITED.
3. FEES, CHARGES AND TAXES,
AVAILABILITY, PRICES, MISPRINTS AND ERRORS, AND ORDERS
All fees and charges will be at
the rates in effect at the time the charges were
incurred. Charges incurred under this Agreement may
include charges related to use of the Service, as well
as charges related to goods and services provided by
third parties but acquired through the Service. You are
responsible for paying all fees, charges and applicable
taxes associated with your use of the Service and any
use of the Service by any person using your user ID. All
amounts appearing on the Web Site are quoted in US
dollars.
The Company endeavors to provide
current and accurate information on the Web Site.
Nevertheless, misprints or other errors may occur.
Accordingly, the Company reserves the right to change
the prices, fees and charges associated with the
Service, including any goods and services available
through the Service, at any time and from time to time
without any notice or any liability to you or any other
person. Also, due to the popularity of some goods and
services, the Company cannot guarantee that goods or
services advertised on the Web Site will be available
when ordered or thereafter. The Company also reserves
the right at any time to reject, correct, cancel or
terminate any order. If you order goods or services for
which the price was incorrectly displayed at the time of
your order, the Company will provide you with an
opportunity to cancel your order. If you order goods or
services that are not available, the Company will notify
you by email. The Company reserves the right to limit
quantities licensed or sold. Your order shall be
deemed to be accepted only if and when the Web Site
sends an order acceptance and shipping notice email to
your email address. You may not cancel an order after
the Company has sent an order acceptance and shipping
notice email to you. If you wish to cancel an order that
has not yet been accepted, you may request a
cancellation by sending an email to the webmaster.
However, the Web Site may not receive and process your
cancellation request before it accepts and processes
your order, in which case your cancellation request may
not be effective.
If any payment due is not
made by you, the Company may, in addition to its other
remedies, at its sole discretion and without notice to
you, (a) suspend its performance under this Agreement
and your access to and use of the Service, or (b)
terminate this Agreement and your access to and the use
of the Service. If legal action is necessary to collect
fees or charges due from you, then you will reimburse
the Company for all expenses incurred in collecting the
fees and charges, including all lawyers fees and other
legal expenses.
4. CLIENT CONFIRMATION
The Client confirms
that:
The Client releases and discharges
The Providers, and all of their officers and directors,
agents, and employees from any and all liability, claims
or causes of action with respect of the use or
application of the Ordered Product by the Client,
including, but not limited to undesired side
effects.
The Client agrees that child
protective packaging may not be used by the Providers,
unless requested by the client, and the Client releases
and discharges the Providers and all of their officers
and directors, agents and employees from any and all
causes of action with respect errors or omissions by the
company or agency responsible for transporting the
Ordered Product to the Client.
The client confirms that he
u8nderstands that these products are herbal supplements
and not medicines.They are not meant to
treat,cure,diagnose or prevent any disease and any
statement on the label or site is not reviewed by the
fda since they constitute herbal food supplements
The Client grants Limited Power of
Attorney to the Providers, for the limited purpose of
signing any documents as required by the laws of the
India, which are necessary to permit the delivery of the
Ordered Product to the Client, in the same manner as the
Client could, if the Client had personally attended at
the Providers place of business in India. The Client
attorns to the jurisdiction of Delhi (India) and agrees
that any dispute that arises between the Client and the
Providers shall be heard by the courts in Delhi (India).
The Provider and Client hereby submit to the
jurisdiction of Delhi and agree that any dispute shall
be heard by the Courts in Delhi (India), including, but
not limited to any claims of negligence and/or
malpractice. Further, the Client agrees that the laws of
Delhi (India) shall apply in such a proceeding, agrees
to these provisions on the basis that the Client
understands that he/she is actively doing business in
Delhi (India) pursuant to the laws, policies and
privileges of Indian law including but not limited to
the laws of Delhi (India) and that the Client is
benefiting from such laws, policies and privileges by
participating in this program. The clients acknowledges
that Delhi shall have sole and exclusive jurisdiction
over any such
dispute
The Client acknowledges that the
Ordered Product may not be returned for a refund or an
exchange.
5. USE OF THE SERVICE
Members and other Service
users must use the Service responsibly and with respect
for all persons. Members and other Service users must
comply with all applicable laws, rules and regulations,
including without limitation the Acceptable Use Policy,
which is part of this Agreement and may be found by
clicking here.
6. PRIVACY
The Company and its service providers do not
collect, use, or disclose your personal information
without your prior consent and knowledge except in
accordance with the Privacy Policy. The Privacy Policy
is available by clicking HERE. The Company may change
the Privacy Policy from time to time in its sole
discretion. By accepting this Agreement, and each time
you use the Service, you consent to the Company's
collection, use and disclosure of your personal
information in accordance with the Privacy Policy
without any further notice or any liability to you or
any other person.
You also consent to the Company and its service
providers monitoring, screening, policing and editing
your use of the Service and the use of your accounts,
including postings and submissions of Materials to the
Service, without any notice or any liability to you or
any other person. The Web Site and its service providers
are not under any obligation to engage in such
monitoring, screening, policing and editing, but may do
so as they consider appropriate in their sole
discretion, without notice to you or any other person.
7. LICENSE AND WARRANTIES
For all Materials you may use
or allow others to use in connection with the Service,
including Materials posted or submitted to the Service:
You grant to the Web Site and its
service providers and licensees a non-exclusive,
royalty-free, perpetual, irrevocable, unrestricted,
world-wide right and license to access, use, copy,
reproduce, distribute, transmit, display, perform,
communicate to the public, modify, adapt, publish,
translate, create derivative works from, and otherwise
use such Materials (in whole or in part) in connection
with the Service, using any form, media or technology
now known or later developed, without providing
compensation to you or any other person, without any
liability to you or any other person, and free from any
obligation of confidence or other duties on the part of
the Web Site or its service providers;
You grant to all members and other
Service users permission to access, view, store, copy,
reproduce, distribute, transmit, display, perform, and
reproduce such Materials (in whole or in part) in any of
the ways facilitated or provided by the Service; and
You represent and warrant to the
Company and its service providers and all members and
other Service users that (i) their use of the Materials
does not and will not violate or infringe the rights
(including copyright, moral rights, and other
intellectual property rights and privacy and personality
rights) of any other person or any laws and (ii) you
have all the rights necessary to grant all rights and
licenses set forth above.
You also grant to the Web Site and
its service providers the right to use your name in
connection with the Materials.
8. GOVERNING LAW AND DISPUTE
RESOLUTION
This Agreement, your use of
the Service, all transactions through the Service, and
all related matters are governed solely by the laws of
India and applicable laws of Delhi, excluding any rules
of private international law or the conflict of laws
which would lead to the application of any other laws.
Any dispute between the Company and you or any other
person arising from, in connection with or relating to
the Service, this Agreement, any transaction through the
Service or any related matters must be resolved before
the Courts in Delhi,india and you hereby irrevocably
submit and attorn to the original and exclusive
jurisdiction of the Courts in Delhi in respect of any
such dispute. Any claim or cause of action you may
have arising from, in connection with, or relating to
your use of the Service, this Agreement, any transaction
through the Service or any related matters must be
commenced in a court of competent jurisdiction in Delhi
within one (1) year after the claim or cause of action
arises, after which time the claim or cause of action is
forever barred, regardless of any statute or law to the
contrary.
9. OWNERSHIP AND USE OF THE
SERVICE AND ITS
CONTENT
The Service and all of its content, including
data, photographs, images, icons, software, and other
elements, are owned or licensed by the Company or its
suppliers. The Service and all of its content are
protected by domestic and international copyright,
trademark, and other laws. Without limiting the above,
the entire content of the Service is, under domestic and
international copyright laws, a collective work owned by
the Company. Your use of the Service and its content
does not transfer to you any ownership or other rights
in the Service or its content.
The Service and
its content may not be used for any purpose not
expressly permitted by this Agreement. In particular,
except as expressly stated otherwise in this Agreement,
the Service and its content may not be copied, imitated,
reproduced, republished, uploaded, posted, transmitted,
modified, indexed, catalogued, or distributed in any
way, in whole or in part, without the express prior
written consent of the Company. You may not use any of
the software that is used in the operation of the
Service except while you use the Service. You may not
copy any of the software used in the operation of the
Service. You may not reproduce, copy, duplicate, sell,
or resell any part of the Service or access to the
Service.
The Digital Millennium Copyright Act of 1998 (the
"DMCA") provides recourse for copyright owners who
believe that material appearing on the Internet
infringes their rights under U.S. copyright law. If you
believe in good faith that materials hosted by the Web
Site infringe your copyright (for example, Materials
posted to the Web Site on one of our forums), you (or
your agent) may send us a notice requesting that the
material be removed, or access to it blocked. The notice
must include the following information: (a) a physical
or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is
allegedly infringed; (b) identification of the
copyrighted work claimed to have been infringed (or if
multiple copyrighted works located on the Web Site are
covered by a single notification, a representative list
of such works); (c) identification of the material that
is claimed to be infringing or the subject of infringing
activity, and information reasonably sufficient to allow
the Company to locate the material on the Web Site; (d)
the name, address, telephone number, and email address
(if available) of the complaining party; (e) a statement
that the complaining party has a good faith belief that
use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the
law; and (f) a statement that the information in the
notification is accurate, and under penalty of perjury,
that the complaining party is authorized to act on
behalf of the owner of an exclusive right that is
allegedly infringed. If you believe in good faith that a
notice of copyright infringement has been wrongly filed
against you, the DMCA permits you to send the Company a
counter-notice. Notices and counter-notices must meet
the then-current statutory requirements imposed by the
DMCA; see http://www.loc.gov/copyright/ for details. We
suggest that you consult your legal advisor before
filing a notice or counter-notice. Also, be aware that
there can be penalties for false claims under the DMCA.
You may access and browse the Web Site using a
commercially available, SSL-capable Web browser. You may
print or download the pages of the Web Site and its
content for your personal, non-commercial use, provided
that you do not modify any of the Web pages or content
and you do not remove or alter any visible or
non-visible identification, marks, notices, or
disclaimers.
10. GENERAL USE RULES
Your use of the Service, including
posting Materials to the Web Site, must be lawful,
ethical, and respectful of the legal rights and
interests of all other persons, and consistent with the
security and reliability of the Service and the Internet
generally. Without limiting the above, the following
rules apply to your use of the Service:
LAWFUL USE: Your use of the
Service must be lawful and must comply with all
applicable domestic and foreign laws, regulations,
rules, policies, treaties and tariffs, whether civil,
criminal or otherwise. Access to the Service from
locations where the Service may be illegal is
prohibited.
NON-COMMERCIAL USE: The Service
may be used by you only for personal, non-commercial
purposes and must not be used in connection with any
commercial activities, including: (a) selling or
offering to sell any goods or services, including
reselling the Service; (b) soliciting for advertisers or
sponsors; (c) conducting contests, gaming or gambling or
offering prizes, awards or any other incentives to
users; (d) displaying advertising or sponsorship
banners, including those generated by banner or link
exchange services; (e) soliciting for donations; or (f)
use of unauthorized or unsolicited junk mail, spam,
chain letters, pyramid schemes or any other form of
solicitation.
SECURITY AND PERFORMANCE: The
Service must not be used by you with any action, device,
software or routine which could directly or indirectly
interfere (or attempt to interfere) with
the proper working of the Service
or impose an unreasonable or disproportionately large
load or burden on the system or its infrastructure.
OTHER PERSON'S RIGHTS: Your use of
the Service must not infringe the legal rights of any
other person (including privacy and personality rights,
copyright, trade-mark, trade secret, patent, moral
rights, and other proprietary rights).
NO DATA COLLECTION: Your use of
the Service must not involve any data matching or data
mining, including without limitation the collection or
use of information about other members and other users
(including their email addresses) without their
expressed consent.
11. USE GUIDELINES - PROHIBITED
USES
The following is a non-exhaustive
list of prohibited uses of the Service. The Company
reserves the right, in its sole discretion, to determine
whether any use by you of the Service is prohibited or
otherwise violates this Policy.
Uses that may violate the General
Use Rules set forth above.
Uses that may be unlawful,
indecent, offensive, defamatory, derogatory, fraudulent,
deceptive, harmful, abusive, threatening, vulgar,
profane, pornographic, obscene, sexually explicit,
sexist, racist, hateful, offensive, harassing, invasive
of the privacy rights of others, or otherwise
objectionable. This prohibition extends to the posting
of any Materials that depict, encourage, indicate,
advocate or tend to incite any such conduct.
Uses that may harm, threaten,
harass, abuse or intimidate any other person in any way
or involve materials that depict, promote, encourage,
indicate, advocate or tend to incite the commission of a
crime or other unlawful activities, violence, hatred,
cruelty or discrimination against any individuals or
groups, for any reason, or any act of cruelty to
animals.
Uses that may dilute or depreciate
the name and reputation of the Company and its
affiliates or associates.
Uses that modify, adapt,
sub-license, translate, sell, reverse engineer,
decompile or disassemble any portion of the Web Site or
the software underlying or offered on the Web Site, or
that delete, obscure or modify any proprietary notice
contained on the Web Site;
Uses that "frame" or "mirror" any
part of the Web Site without the Company's prior written
authorization;
Uses that interfere with other
persons' use and enjoyment of the Service or of the
Internet generally.
Uses that may damage, disrupt,
compromise or degrade the integrity, efficiency,
performance or security of the Service or that may
otherwise or result in:
the circumvention or breach of any
user authentication, password, security or control
measures regarding the Service or any other Internet
resource or computer system;
unauthorized access to other
persons' accounts and Materials (including Materials
posted to the Service) or interference with their use
and enjoyment of the Service.
Uses that conceal or misrepresent
the author or origin of any message or communication, or
that impersonate any person, or that falsely state or
otherwise misrepresent an affiliation with any other
person, including without limitation any Company
representative.
Uses that contain, hyperlink to or
otherwise disclose images of any person or private
information about any person (such as names, telephone
numbers, email addresses, postal addresses, social
insurance or social security numbers) without that
person's permission.
The uploading, posting or
transmission to the Service of any of the following
Materials, whether posted publicly or with password
protection, whether directly or indirectly or
intentionally or unintentionally:
Materials that contain links to
other sites or Internet resources;
Executable programs or audio and
video recordings;
Materials that contain computer
viruses, trojan horses, worms, time bombs, cancelbots,
or other computer code that may damage, harm,
detrimentally interfere with, surreptitiously intercept
or expropriate, interrupt, limit the functionality of,
or otherwise adversely affect the Service or any other
computer system, hardware, software, telecommunications
equipment, data, or personal information; and
Materials that are encrypted.
11. YOUR ACCEPTANCE OF THIS
AGREEMENT
This Agreement is an agreement
between you and the Web Site and governs the use of the
Service and any Materials that you may use or allow
others to use in connection with the Service. For
purposes of this Agreement, "Materials" includes user
IDs, email addresses, passwords, comments, images,
graphics, text and data and any other forms of
information submitted to the Company, regardless of
whether such information is posted publicly or with
password protection.
Each time you use the Service,
you signify your acceptance and agreement, and the
acceptance and agreement of any person you purport to
represent (and for purposes of this Agreement, "person"
includes any type of incorporated or unincorporated
entity), without limitation or qualification, to be
bound by this Agreement, and you represent and warrant
that you have the legal authority to agree to and accept
this Agreement on behalf of yourself and any person you
purport to represent. If you do not agree with each
provision of this Agreement, or you are not authorized
to agree to and accept this Agreement, or you do not
have the legal authority to agree to and accept this
Agreement, then you may not use the Service.
12. INFORMATION SUBMISSIONS
All information you provide
through the Service, including your registration
information (name and email addresses), payment
information (credit card numbers and expiration date),
and transaction-related information must be true,
accurate, current and complete. You must also provide
the Web Site with updated registration information and
payment information within 30 days of any changes. The
Web Site and its service providers will rely on the
information you provide. You will be responsible for any
and all loss, damage, or additional costs that you, the
Company or its service providers or others may incur as
a result of your submission of any false, incorrect or
incomplete information or your failure to update your
registration and payment information within 30 days of
any changes. The Company may, in its sole discretion,
require a copy of a government-issued form of
identification before making any changes to your
registration information or payment information.
13. ADVERTISEMENTS
The Web Site may display
advertisements on the Service, including on the pages
that display Materials you post or submit to the
Service. The manner, mode and extent of the advertising
will be determined by the Company in its sole
discretion, and is subject to change at any time and
without any notice or any liability to you or any other
person.
14. LINKING AND FRAMING THE WEB
SITE
If you are a member, you may
create links to the Materials you post to the Web Site
from your own, personal, non-commercial site; however
you may not create links from commercial sites (such as
auction sites) or sites you do not own. Also, you may
not use the Company name or any of the Marks or
otherwise indicate, suggest or imply that the Company
endorses the Materials you post to the Web Site.
Any other links to the Web Site or its content
without the express permission of the Company are
strictly prohibited. To request permission to link to
the Web Site, please contact the webmaster. The Company
reserves the right to cancel and revoke any permission
it may give to link to the Web Site at any time, for any
reason, and without any notice or liability to you or
any other person.
The framing of the Web Site or any of its content
in any form and by any method is strictly prohibited.
15. OTHER SITES
The Service may include
advertisements for, and links to, other sites and
businesses operated by third parties ("Other Sites").
Other Sites are independent from the Web Site, and the
Company has no responsibility or liability for or
control over Other Sites, their business, goods,
services, or content. Links to Other Sites are provided
solely for your convenience. The Company does not
sponsor or endorse any Other Sites or their content or
the goods or services available through those sites.
Your use of Other Sites and your dealings with the
owners or operators of Other Sites is at your own risk,
and you may not make any claim against the Company
arising out of your use of any Other Sites or your
dealings with the owners or operators of any Other
Sites. The provisions of this Agreement under the
section headed ?Disclaimer ?apply, with all necessary
modifications, to your access to and use of any Other
Sites and their business, goods, services, and content.
16. UNSOLICITED SUBMISSIONS
The Company does not accept or
consider unsolicited ideas, including ideas for new
advertising campaigns, new promotions, new or improved
goods, services or technologies, product enhancements,
processes, materials, marketing plans, or new product
names. The purpose of this policy is to avoid potential
misunderstandings or disputes. Accordingly, please do
not send any unsolicited ideas, suggestions or other
materials ("Submissions") to the Company.
If you send Submissions to the
Company or the Web Site, you automatically grant to the
Company and its assigns a perpetual, royalty-free,
irrevocable, unrestricted, non-exclusive, world-wide,
sub-licensable right and license to use, copy,
reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform, transmit,
display and otherwise exploit the Submissions or any
ideas, concepts, know-how or techniques associated with
the Submissions for any purpose whatsoever, commercial
or otherwise, using any form, media or technology now
known or later developed, without providing compensation
to you or any other person, without any liability
whatsoever, and free from any obligation of confidence
or other duties on the part of the Company or its
assigns, and you agree, represent and warrant that all
moral rights in the Submissions are waived.
17. CONTESTS
From time to time the Web Site may
make contests, sweepstakes or other promotions available
to members and other Service users. All contests are
governed by this Agreement and the applicable Contest
Rules. By participating in a contest through the
Service, you signify your agreement and acceptance of
this Agreement and the applicable Contest Rules.
18. TRANSACTION AGREEMENTS
All transactions through the
Service are governed by this Agreement and any
applicable Transaction Agreement. By participating in a
transaction through the Service, you signify your
agreement and acceptance of the applicable Transaction
Agreement.
19. OTHER MATTERS
If any provision of this Agreement
is found to be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed to be
severed from the rest of this Agreement and shall not
affect the validity and enforceability of any remaining
provisions. No waiver, express or implied, by either
party of any breach of or default under this Agreement
will constitute a continuing waiver of such breach or
default or be deemed to be a waiver of any preceding or
subsequent breach or default.
You and the Company are independent contractors,
and no agency, partnership, joint venture, employment or
franchise relationship is intended or created by this
Agreement or your use of the Service.
This Agreement as amended from time to time by
the Company, and any applicable transaction agreements
and contest rules, constitute the entire agreement
between you and the Company relating to your use of the
Service and supersede all previous agreements, written,
oral or otherwise, between you and the Company with
respect to your use of the Service. You may also be a
party to a software licence agreement regarding any
software you have downloaded from or through the
Service.
The provisions of this Agreement will endure to
the benefit of and be binding upon the Company and its
service providers and their respective successors and
assigns, and you and your heirs, executors,
administrators, successors and personal representatives.
You may not assign this Agreement or your rights and
obligations under this Agreement without the express
written consent of the Company, which may be withheld in
the Company's sole discretion. The Company and its
service providers may assign this Agreement and their
respective rights and obligations under this agreement
without your consent.
The parties to this Agreement have expressly
requested and required that this Agreement, and all
other related documents, be drawn up in the English
language. Any rights not expressly granted by this
Agreement are reserved to the Company.
20. DISCLAIMER, LIABILITY
EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY
The Company strives to make your
use of the Service a useful and enjoyable experience.
Nevertheless, the Company and its service providers do
not accept any liability for your use of the Service.
For that reason, the following provisions apply to your
use of the Service:
DISCLAIMER
Although YouHerbal.com endeavors
to provide accurate, up to date and truthful information
on this site neither YouHerbal.com nor any of its
employees, agents and associates make any
representations or give any warranties, whether
expressly, tacitly or implied, as to the operation of
the site, the information, content, materials and
products included and available from this site.
YouHerbal.com, its employees, agents and associates
will not be liable for any damage of whatsoever nature
arising or resulting from the use of or inability to use
this site or the information contained hereon, including
but not limited to direct, indirect, incidental,
punitive and consequential damage.
THE OPERATION OF THE SERVICE MAY
BE AFFECTED BY NUMEROUS FACTORS BEYOND THE WEB SITE'S
CONTROL. THE OPERATION OF THE SERVICE MAY NOT BE
CONTINUOUS OR UNINTERRUPTED OR SECURE. SECURITY AND
PRIVACY RISKS CANNOT BE ELIMINATED. PASSWORD PROTECTION
MAY NOT PREVENT UNAUTHORIZED ACCESS TO MATERIALS YOU MAY
USE OR ALLOW OTHER PERSONS TO USE IN CONNECTION WITH THE
SERVICE, INCLUDING MATERIALS POSTED OR SUBMITTED TO THE
SERVICE. THE WEB SITE AND ITS SERVICE PROVIDERS ARE
UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF ITS
MEMBERS OR OTHER USERS OF THE SERVICE. THE WEB SITE AND
ITS SERVICE PROVIDERS DO NOT CONTROL THE MATERIALS
POSTED OR SUBMITTED TO THE SERVICE AND DO NOT MONITOR,
SCREEN, POLICE OR EDIT THOSE MATERIALS FOR COMPLIANCE
WITH APPLICABLE LAWS OR THIS AGREEMENT. YOU MAY FIND
SOME OF THE MATERIALS POSTED BY OTHER USERS TO BE
OFFENSIVE, HARMFUL, INACCURATE OR DECEPTIVE. YOU SHOULD
USE CAUTION AND COMMON SENSE WHEN USING THE WEB SITE AND
RELATED SERVICES.
THE WEB SITE AND ITS SERVICE
PROVIDERS ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR
ANY LOSS OR DAMAGE ARISING FROM OR RELATED TO ANY
MISPRINTS OR ERRORS ON THE WEB SITE, INCLUDING THE
UNAVAILABILITY OF ANY PRODUCT OR SERVICE YOU ORDER, ANY
DELAY IN THE AVAILABILITY OF PRODUCTS OR SERVICES , OR
ANY CHANGES IN THE PRICE OF PRODUCTS OR SERVICES.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATIONS,
WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED
WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, OR
DURABILITY, ALL OF WHICH ARE HEREBY DISCLAIMED BY THE
WEB SITE AND ITS SERVICE PROVIDERS TO THE FULLEST EXTENT
PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF
THE FOREGOING, THE WEB SITE AND ITS SERVICE PROVIDERS
MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT:
-THE SERVICE WILL MEET YOUR
REQUIREMENTS OR WILL BE COMPATIBLE WITH YOUR COMPUTER
AND RELATED EQUIPMENT, PHOTOGRAPHIC EQUIPMENT AND
SOFTWARE;
-THE SERVICE WILL BE AVAILABLE OR
WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF
ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;
-THE SERVICE, THE INFORMATION
OBTAINED THROUGH THE SERVICE, OR ANY RESULTS THAT MAY BE
OBTAINED THROUGH THE USE OF THE SERVICE OR THE
INFORMATION WILL BE ACCURATE, COMPLETE, RELIABLE,
TIMELY, OR AUTHENTIC;
-THE COMPANY WILL MONITOR THE WEB
SITE OR ANY MATERIALS THAT YOU OR THIRD PARTIES POST TO
THE WEB SITE OR ANY COMPONENT THEREOF;
-THE QUALITY OF ANY GOODS,
SERVICES, INFORMATION OR OTHER MATERIALS PURCHASED OR
OBTAINED THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS;
-THE USE OF THE SERVICE, INCLUDING
THE BROWSING AND DOWNLOADING OF ANY MATERIALS FROM THE
WEB SITE, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS
OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS OR BUGS;
-THE USE OF THE SERVICE, INCLUDING
THE DOWNLOADING AND REPRODUCTION OF MATERIALS POSTED OR
SUBMITTED TO THE SERVICE, WILL NOT INFRINGE THE
INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON;
-THE MATERIALS YOU MAY USE OR
ALLOW OTHERS TO USE IN CONNECTION WITH THE SERVICE,
INCLUDING MATERIALS POSTED OR SUBMITTED TO THE SERVICE,
WILL NOT BE MISUSED BY ANY OTHER PERSON;
AND THE WEB SITE AND ITS SERVICE
PROVIDERS DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH
MATTERS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW.
21. LIABILITY EXCLUSION
THE WEB SITE AND ITS SERVICE
PROVIDERS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO
YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF
PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR
OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL,
INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE
DAMAGES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER
THEORY OF LAW OR EQUITY, ARISING FROM, IN CONNECTION
WITH, OR RELATING TO THE USE OF THE SERVICE BY YOU OR
ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR
OTHER FAULT OR WRONGDOING BY THE COMPANY OR ITS SERVICE
PROVIDERS OR ANY OTHER PERSON FOR WHOM ANY OF THEM IS
RESPONSIBLE, AND NOTWITHSTANDING THAT THE COMPANY OR ITS
SERVICE PROVIDERS MAY HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY
YOU OR ANY OTHER PERSON.
LIABILITY LIMITATION
WITHOUT LIMITING THE FORGOING, IN
NO EVENT WILL THE COMPANY AND ITS SERVICE PROVIDERS EVER
BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS,
PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES,
AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER
THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY
NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY THE COMPANY
OR ITS SERVICE PROVIDERS OR ANY PERSON FOR WHOM EITHER
THE COMPANY OR ITS SERVICE PROVIDERS ARE RESPONSIBLE, IN
AN AMOUNT EXCEEDING $25 (USD) OR THE PRO-RATED AMOUNT
YOU PAID TO THE COMPANY FOR THE USES OF THE SERVICE
WHICH ARE THE SUBJECT OF THE CLAIM, WHICHEVER IS LESS.
RELEASE
-YOU HEREBY RELEASE, REMISE AND
FOREVER DISCHARGE THE COMPANY AND ITS SERVICE PROVIDERS
AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS,
OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE
PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL
OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY
AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS,
CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS,
LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND
KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR
UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM,
RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE
SERVICE.
INDEMNITY
-YOU AGREE TO INDEMNIFY, DEFEND
AND HOLD THE COMPANY AND ITS SERVICE PROVIDERS AND EACH
OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS,
EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS,
SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER
RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY,
THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY
AND ALL DAMAGES, LIABILITIES AND COSTS, INCLUDING
WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES,
INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH
ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR
CONNECTED WITH USE OF THE SERVICE BY YOU. YOU WILL
ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY
THE INDEMNIFIED PARTIES IN THE DEFENCE OF ANY SUCH CLAIM
OR DEMAND.
-ADVICE AND INFORMATION PROVIDED
BY THE COMPANY OR ITS SERVICES PROVIDERS OR THEIR
REPRESENTATIVES, OR THROUGH THE SERVICE, WHETHER ORAL OR
WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR
CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE
ABOVE DISCLAIMERS, LIABILITY EXCLUSIONS, LIABILITY
LIMITATIONS, RELEASE AND INDEMNITY PROVISIONS, AND YOU
MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.
The exclusion of certain
warranties and the limitation of certain liabilities is
prohibited by law in some jurisdictions. Such legal
limitations may apply to you. The disclaimer,
liability exclusion, liability limitation, release, and
indemnity provisions in this Agreement survive the
termination of this
Agreement.
22. TERMINATION The user must
provide correct information regarding his credit card
information and must make payment for the supplements as
and when they are delivered and incase he fails to do so
then his order shall be cancelled and he shall be liable
to pay costs borne by the Company.
23. COMPLIANCE, CONSEQUENCES, AND
LAW ENFORCEMENT DISCLOSURE The Company may in its
sole discretion determine whether this Policy has been
violated. Policy violations constitute a breach of
the Web Site Use Agreement and may, in the sole
discretion of the Company, result in: (a) termination or
suspension of permission to use the Service and any Web
Site membership and accounts you may have; (b)
restricted access to Materials posted to the Service;
(c) removal and permanent deletion and destruction of
Materials posted to the Service; and (d) other
consequences; all without any notice or liability to you
or any other person. Service users who violate this
Policy may incur criminal or civil liability. The
Company may in its sole discretion report perceived
violations of applicable law to law enforcement
authorities. The Company will co-operate fully with law
enforcement authorities in the investigation of
suspected unlawful conduct, including providing Web Site
members' personal information (including account
information and payment information), Service users'
personal information, and copies of Materials used in
connection with the Service, including Materials posted
to the Service. The Company's failure to enforce
this Policy, for whatever reason, shall not be construed
as a waiver of any preceding or subsequent violation of
this Policy. You acknowledge that it is the
Company's policy to cooperate with law enforcement
agencies investigating illegal or improper activities
relating to the Service.
24. MONITORING AND COMPLAINTS
The Company is not obliged to
monitor, screen, police or edit the use of the Service,
including postings of Materials to the Web Site,
although the Company reserves the right to do so in its
sole discretion and without any notice or liability to
you or any other person. The Company will respond as
it considers appropriate, in its sole discretion, if it
becomes aware of any inappropriate uses of the Service,
including uses that constitute copyright infringement.
You may report violations of this Policy by e-mailing us
at: youherbal@yahoo.com
25. CHANGES TO THIS AGREEMENT
You may not change, supplement, or
amend this Agreement in any manner. The Company may, in
its sole discretion, change, supplement or amend this
Agreement as it relates to your future use of the
Service from time to time, for any reason, and without
any prior notice or liability to you or any other
person. (If you do not agree to a change, you must
terminate your membership as addressed below.) If you
wish to be notified by e-mail of any changes in our
terms of use send an e-mail to:
youherbal@yahoo.com |