WEBSITE DISCLAIMER The following terms and
conditions, along with all other terms and legal notices located on
YouHerbal.com (collectively, Terms), govern your use of YouHerbal.com (the
Website). If you do not understand and agree to be bound by all
Terms, do not use this Website. Your use of this Website at anytime
constitutes a binding agreement by you to abide by these
Terms.
Restrictions Regarding Materials (a) All
information, documents, software, images, photographs, text, services and
other similar materials (collectively, Materials) contained in this
Website are provided by YouHerbal.com or its third party manufacturers,
authors, developers and vendors (Third Party Providers) and are the
copyrighted work of YouHerbal.com and/or the Third Party Providers. Except
as stated herein, none of the Materials may be copied, reproduced,
distributed, republished, downloaded, displayed, posted or transmitted in
any form or by any means, including, but not limited to, electronic,
mechanical, photocopying, recording, or otherwise, without the prior
express written permission of YouHerbal.com or the Third Party
Provider. No part of the Website, including logos, graphics, sounds
or images, may be reproduced or retransmitted in any way, or by any means,
without the prior express written permission of YouHerbal.com. You
also may not, without YouHerbal.com's prior express written permission,
"mirror" any Materials contained on this Website on any other server.
(b)
Nothing on this Website shall be construed as conferring any license under
any of YouHerbal.com's or any Third Party Provider's intellectual property
rights, whether by estoppels, implication, or otherwise. You acknowledge
sole responsibility for obtaining any such licenses.
(c)
Permission is granted to display, copy, distribute and download
YouHerbal.com's Materials on this Website provided that: (1) both the
copyright notice identified below and this permission notice appear in the
Materials, (2) the use of such Materials is solely for personal, non
commercial and informational use and will not be copied or posted on any
networked computer or broadcast in any media, and (3) no modifications of
any of the Materials are made. This permission terminates automatically
without notice if you breach any of these terms or conditions. Upon
termination, you will immediately destroy any downloaded or printed
Materials. Any unauthorized use of any Materials contained on this Website
may violate copyright laws, trademark laws, and other related laws and may
have various legal consequences. (d)
Materials provided by Third Party Providers have not been independently
authenticated in whole or in part by YouHerbal.com. YouHerbal.com does not
provide, sell, license, or lease any of the Materials other than those
specifically identified as being provided by YouHerbal.com. YouHerbal.com
is committed to respecting others' intellectual property rights, and we
ask our users to do the same. The respective names, trademarks and brands
of different drugs displayed on this website belong to their respective
owners and are their exclusive intellectual property assets and that
YouHerbal.com has got no rights, title or interests therein.YouHerbal.com
(hereinafter referred to as We) may, in its sole discretion, terminate the
access rights of users who infringe or otherwise violate others'
intellectual property rights. Disclaimer for websites that
we link to We use our best endeavors to
ensure that the websites we select for inclusion in YouHerbal.com work,
and continue to work properly; that their content remains acceptable and
useful; and that their operation will not be injurious to our users' PCs.
We explicitly disclaim, and
will not accept any responsibility for any of the following in respect of
the sites that we link to: -Infection by computer viruses
-Damage caused by downloaded
software -Technical problems, failures
and speed of operation -Libelous or illegal material
-The quality or truth of any
material, or advice that is offered DISCLAIMER OF WARRANTY:
YouHerbal.com expressly disclaims warranties of any kind for any use of or
any access to YouHerbal.com, to any material, information, links, or
content presented on the web pages at YouHerbal.com, to any external
website linked thereto, and to any external material, information, links,
or content linked thereto. YouHerbal.com, and any material, information,
links, and content presented on the web pages at YouHerbal.com, as well as
any external website and any external material, information, links, and
content linked thereto, are provided on an "as is" basis, without warranty
of any kind, either express or implied, including, without limitation, the
implied warranties of merchantability or fitness for a particular purpose,
or non-infringement. YouHerbal.com has no control over any external
website or over any external material, information, links, and content
linked to YouHerbal.com. Certain jurisdictions do not permit the exclusion
of implied warranties and the foregoing exclusions of implied warranties
may not apply to you. YouHerbal.com and its internal web pages may be
unavailable for online access from time to time and at anytime; there are
no guarantees and no warranties of online availability, impressions, and
click-throughs. The entire risk as to the performance of, or
non-performance of, or arising out of the use of, or the access of, or the
lack of access to YouHerbal.com, to any material, information, links, or
content presented on the web pages at YouHerbal.com, to any external
website linked thereto, or to any external material, information, links,
or content linked thereto, is borne by the user, visitor, customer, or
other person. DISCLAIMER OF ONLINE
AVAILABILITY, IMPRESSIONS, AND CLICK-THROUGHS:
In addition to the other
disclaimers and limitations discussed in this notice, there are no
guarantees and no warranties regarding online availability, impressions,
and click-throughs of YouHerbal.com, its web pages, and any material,
information, links, or content presented on the web pages at
YouHerbal.com. YouHerbal.com, its web pages, and any material,
information, links, or content presented on the web pages at
YouHerbal.com, may be unavailable for online access at anytime. If you
need an idea of unique visitors and page views, then monitor the online
counter on the YouHerbal.com web pages and which counter is the same
counter used on the majority of the YouHerbal.com web pages. Advertising
sponsors and advertising must be approved by YouHerbal.com before the
posting of any advertising material, information, links, content, banners,
and graphics on YouHerbal.com. Any advertising should be related to
interactive digital television and related subject areas. YouHerbal.com
reserves the right to accept or to reject any advertising sponsor or any
advertising for any reason. LIMITATION OF LIABILITY:
In no event and under no circumstances and under no legal theory, tort, contract, or otherwise shall YouHerbal.com be liable, without limitation, for any damages whatsoever, including direct, indirect, incidental, consequential or punitive damages, arising out of any access to or any use of or any inability to access or use this website including any material, information, links, and content accessed through this website or through any linked external website. Local Laws
YouHerbal.com controls and operates this Website from its headquarters in India and makes no representation that the materials on the website are appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on this Website are solely directed to individuals, companies or other entities located in India and comply with the laws prevailing for the time being in force in India. General (a)This Website could include
unintended inaccuracies or typographical errors. YouHerbal.com and the
Third Party Providers may make improvements and/or changes in the
products, services, programs, and prices described in this Website at any
time without notice. Changes are periodically made to the Website.
The material, information,
links, and content presented on and by this website is of a general nature
only and is not intended to address the specific circumstances,
requirements, professional advice requirements or any other needs of any
particular individual or entity. It cannot be guaranteed that the
material, information, links, and content presented on and by this website
is comprehensive, complete, accurate, sufficient, timely, or up to date
for any particular purpose or use. The material, information, links, and
content presented on and by this website should not be considered as
professional, legal, business, financial, investment, or purchasing advice
(if you need specific advice, you should always consult a suitably
qualified professional). This website is sometimes linked to external
websites over which YouHerbal.com has no control and assume no
responsibility, and are in no way acting as a publisher of material,
information, links, and content contained on external linked websites.
Links may become invalid, may expire, or may become misdirected at any
time. Links are provided as a convenience and do not necessarily
constitute, signify, or otherwise imply an endorsement by, or an
endorsement for, or a relationship with, or connection to YouHerbal.com.
The statements expressed on external linked websites are not those of
YouHerbal.com; and users are advised that YouHerbal.com does not maintain
editorial control over external linked websites or determine the
appropriateness regarding the material, information, links, and content
contained on external linked websites. YouHerbal.com has no control over
any external website or over any external material, information, links,
and content linked to YouHerbal.com.
(b)These Terms represent the
entire understanding relating to the use of the Website and prevail over
any prior or contemporaneous, conflicting, additional, or other
communications. YouHerbal.com can modify these Terms at any time without
notice or consent by updating this posting.
(c) In the event any or a
portion of the provisions of these Terms are held invalid, illegal or
otherwise unenforceable by a Court, such provision shall be deemed amended
to be valid, legal and enforceable to the fullest extent permitted under
applicable law, and the remaining provisions of these Terms shall remain
in full force and effect. These Terms are binding upon you and your heirs,
representatives, successors and assigns. The headings of the several
articles and subdivisions of these Terms are inserted solely for the
convenience of reference and shall have no further meaning, force or
effect. No third party shall be a beneficiary of any provision of these
Terms, except with the express written consent of YouHerbal.com.
APPLICABLE
LAW We control the Site from our
offices within India. YouHerbal.com will have people from all over India
using this Website. So in order to ensure consistency in the
interpretation and enforcement of these Terms, the Website, and your use
of the Website will be governed in all respects by the laws of
India. We make no representation that the Content in the Site
is appropriate or available for use in other locations, and access to them
from territories where their content is illegal is prohibited. Those who
choose to access the Site from other locations do so on their own
initiative and are responsible for compliance with applicable local laws.
You may not use or export the Content in violation of Indian export laws
and regulations. Any claim relating to the Site, the services provided
through the Site or the Content shall be governed by the internal laws of
India, without reference to its choice of law provisions. You hereby
irrevocably consent to the exclusive jurisdiction and venue of courts at
Delhi, India. LICENSE DISCLAIMER
Nothing on any YouHerbal.com
website shall be construed as conferring any license under any of
YouHerbal.com's or any third party's intellectual property rights, whether
by estoppel, implication, or otherwise.
CONTENT AND LIABILITY
DISCLAIMER YouHerbal.com shall not be
responsible for any errors or omissions contained on any YouHerbal.com
website, and reserves the right to make changes anytime without notice.
Mention of non-YouHerbal.com products or services is provided for
informational purposes only and constitutes neither an endorsement nor a
recommendation by YouHerbal.com. All YouHerbal.com and third-party
information provided on any YouHerbal.com website is provided on an "as
is" basis. YouHerbal.com DISCLAIMS ALL
WARRANTIES, EXPRESSED OR IMPLIED, WITH REGARD TO ANY INFORMATION
(INCLUDING ANY SOFTWARE, PRODUCTS, OR SERVICES) PROVIDED ON ANY
YouHerbal.com WEBSITE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Purchasing and Ordering Disclaimer MAKE YOUR OWN DECISIONS:
If you are making
important purchasing or planning decisions, whether personal or business
decisions, you should look at an actual demonstration model of any product
you are considering before making your important purchasing or planning
decisions. (Contact a supplier, store, or manufacturer regarding looking
at any demonstration units.) All decisions made would be entirely
your prerogative and YouHerbal.com does not claim to offer any advice,
either legal or financial. READ THESE TERMS. IN PURCHASING A PRODUCT YOU
UNDERSTAND AND AGREE TO THE TERMS BELOW. IF YOU DO NOT UNDERSTAND AND
AGREE WITH THESE TERMS THEN DO NOT PLACE AN ORDER FOR A
PRODUCT. PRICING. ALL PRICES ARE
SUBJECT TO CHANGE WITHOUT NOTICE. EVERY EFFORT HAS BEEN MADE TO ENSURE
ACCURATE PRICING OF THE PRODUCTS FEATURED ON OUR WEBSITE. IN THE EVENT A
PART OR ACCESSORY IS ORDERED AND THE LISTED PRICE HAS CHANGED, YOU WILL BE
NOTIFIED PRIOR TO OUR PROCESSING YOUR ORDER.
PURCHASE AS IS. YOU AGREE THAT
ALL PRODUCTS PURCHASED BY YOU THROUGH THIS WEBSITE ARE PROVIDED UNDER
WARRANTIES, IF ANY, OF THE MANUFACTURER ONLY, AND NOT BY YouHerbal.com.
ALL PRODUCTS ARE PROVIDED BY YouHerbal.com ON AS IS BASIS WITH NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND FROM YouHerbal.com.
COLOR/PRODUCT DESCRIPTION
WE HAVE MADE EVERY EFFORT TO
DISPLAY AS ACCURATELY AS POSSIBLE THE COLORS OF OUR PRODUCTS THAT APPEAR
AT THE SITE. HOWEVER, AS THE ACTUAL COLORS YOU SEE WILL DEPEND ON YOUR
MONITOR, WE CANNOT GUARANTEE THAT YOUR MONITOR'S DISPLAY OF ANY COLOR WILL
BE ACCURATE. WE HAVE ATTEMPTED TO BE AS ACCURATE AS POSSIBLE. HOWEVER, WE
DO NOT WARRANT THAT THE PRODUCT DESCRIPTIONS ARE ACCURATE, COMPLETE,
RELIABLE, CURRENT, OR ERROR-FREE. IF A PRODUCT OFFERED BY THE SITE IS NOT
AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN UNUSED CONDITION.
EXCLUSIVE REMEDY.
NOTWITHSTANDING THE FOREGOING, IF A PRODUCT DOES NOT MEET A MANUFACTURER'S
APPLICABLE WARRANTY, YOU MAY RETURN THE PRODUCT TO YouHerbal.com DURING
THE WARRANTY PERIOD AND RECEIVE A FULL REFUND OF ALL AMOUNTS PAID TO
YouHerbal.com FOR THE PRODUCT, EXCLUDING SHIPPING AND HANDLING OR DELIVERY
CHARGES, PROVIDED THE RETURN IS MADE WITHIN ONE MONTH OF PURCHASE.
THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FROM YouHerbal.com FOR ANY DEFECT,
MALFUNCTION OR OTHER PROBLEM WITH THE PRODUCTS.
YOUR RESPONSIBILITY; DAMAGE
LIMITS. YOU HAVE SOLE
RESPONSIBILITY FOR USE OF THE PRODUCTS YOU PURCHASE THROUGH THIS WEBSITE.
IN NO EVENT SHALL YouHerbal.com BE LIABLE TO YOU IN RELATION TO THE
PRODUCTS, OR YOUR USE, MISUSE OR INABILITY TO USE THE PRODUCTS, FOR ANY
(1) INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL
DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER
ECONOMIC ADVANTAGE); OR (2) DIRECT DAMAGES IN EXCESS OF THE AMOUNT YOU
PAID YouHerbal.com FOR THE APPLICABLE PRODUCT.
UNDER NO CIRCUMSTANCES,
INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL YouHerbal.com. BE LIABLE
FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS PUBLISHED
ON THIS SITE. WE DO NOT WARRANTY AND SHALL
HAVE NO LIABILITY REGARDING INFORMATION PROVIDED ON THIS WEB SITE
REGARDING RECOMMENDATIONS FOR SUPPLEMENTS FOR ANY AND ALL PURPOSES.
EXCEPT AS SPECIFICALLY STATED
ON THIS WEB SITE, NEITHER YouHerbal.com., ITS OWNERS AND OPERATORS, NOR
ANY OF THE DIRECTORS, EMPLOYEES, HOSTING COMPANY, OR OTHER REPRESENTATIVES
OF EACH WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH
THE USE OF THIS WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY
THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION)
COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA,
INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD
PARTIES. YouHerbal.comS LIABILITY TO YOU SHALL IN NO EVENT EXCEED THE
AMOUNT OF THE PRODUCTS IN DISPUTE. REGISTRATION AND PAYMENT
POLICY Registration may be required
for the use of certain portions of the Website. Your registration shall
not impose any duty on Us to provide any particular service to You.
In the event that payment is
required by You to receive any goods or services offered by Us, You agree
to pay all charges to Your account, including applicable taxes, in
accordance with the billing terms in effect at the time the fee or charge
becomes payable. We reserve the right to change the amount of, or basis
for determining, any fees or charges, and to institute new fees or
charges. We reserve the right to
terminate Your account for any valid reason including, but not limited to,
Your failure to pay any applicable fees, at any time, without giving You
advance notice. YOUR REPRESENTATIONS.
You represent that you are not
a minor and that you are not under any legal or other disability which
limits your ability to comply with these Terms or to install and use the
products you purchase with minimal risk of harm to you or others. You
further represent that you are not purchasing the products for resale to
others and will not do so without YouHerbal.com's prior written consent.
Use of Website
The User confirms to
YouHerbal.com (hereinafter The Providers)
that: The User accepts he is over
18years of age and No person other than the User will use the Ordered
Product. The User 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 User,
including, but not limited to undesired side
effects. The User agrees that child
protective packaging may not be used by the Providers, unless requested by
the user, and the User 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 User.
The User understands that
he/she is ordering herbal food supplements that are not meant to
treat,cure,prevent or diagnose any disease condition and according to the
DHSEA act of 1994 are not reviewed by the fda since they are only and only
food supplements. The user shall follow the
recommended/suggested dosage stated on all product labels. We do not
approve nor recommend taking more than what is stated on all
manufacturer's product labeling. If the user does so, he agrees that he is
performing this action at his own free will without the consent of the
product manufacturer or any employee employed by
YouHerbal.com. The User grants Limited Power
of Attorney to the Providers including YouHerbal.com. , 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
User, in the same manner as the User could, if the User had personally
attended at the Providers place of business in India. The User attorns to
the jurisdiction of Delhi, India and agrees that any dispute that arises
between the User and the Providers shall be heard by the courts in Delhi,
India. The Provider and User 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 User agrees that the laws of India shall apply in such a
proceeding, agrees to these provisions on the basis that the User
understands that he/she is actively doing business in India pursuant to
the laws, policies and privileges of Indian law including but not limited
to the laws of Delhi, India and that the User is benefiting from such
laws, policies and privileges by participating in this program. You represent, warrant and
covenant that your use of the Website shall not: B. interfere with or disrupt
computer networks connected to the Website;
C.impersonate any other person
or entity, or make any misrepresentation as to your employment by or
affiliation with any other person or entity;
D. forge headers or in any
manner manipulate identifiers in order to disguise the origin of any user
information; E. upload, post, transmit,
publish, or distribute any material or information for which you do not
have all necessary rights and licenses;
F. upload, post, transmit,
publish or distribute any material which infringes, violates, breaches or
otherwise contravenes the rights of any third party, including any
copyright, trademark, patent, rights of privacy or publicity or any other
proprietary right; G. interfere with or disrupt
the use of the Website by any other user, nor "stalk", threaten, or in any
manner harass another user; H. upload, post, transmit,
publish, or distribute any material or information which contains a
computer virus, or other code, files or programs intending in any manner
to disrupt or interfere with the functioning of the Website, or that of
other computer systems; I. use the Website in such a
manner as to gain unauthorized entry or access to the computer systems of
others; J. upload, post, transmit,
publish or distribute any material or information which constitutes or
encourages conduct that would constitute a criminal offence, give rise to
other liability, or otherwise violate applicable law;
K. upload, post, transmit,
publish, or distribute any material or information that is unlawful, or
which may potentially be perceived as being harmful, threatening, abusive,
harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically,
or otherwise objectionable; L. reproduce, copy, modify,
sell, store, distribute or otherwise exploit for any commercial purposes
the Website, or any component thereof (including, but not limited to any
materials or information accessible through the Website);
M. use any device, software or
routine to interfere or attempt to interfere with the proper working of
the Website; or N. take any action that
imposes an unreasonable or disproportionately large load on the Website
infrastructure. STATEMENT OF PRINCIPAL While YouHerbal.com does not promote, advocate or encourage the use or purchase of any herbal supplements, YouHerbal.com does believe and subscribes to the principal that adults have the fundamental constitutional right to make informed and educated decisions relating to their own health care and well being in regards to Herbal Supplements. Information contained on the
website is intended for the sole use of individuals using the website. It
is not meant as a substitute for or alternative to information from health
care practitioners. If you are taking any medication or are under
treatment for any disease, please consult your health care professional
about potential interactions or other possible complications before taking
any of these products. If you are pregnant or lactating, please consult
with your health care professional before taking any dietary supplements.
The efficacy of these products have not been confirmed by FDA-approved
research, and the traditional use of these products does not establish
that the products will achieve the manufacturers claimed
results. The information in the catalog
is limited to the information provided by our suppliers or manufacturers.
All products displayed in our catalog may not be available for sale due to
product unavailability or other
reasons. Use of this Website is at your own risk, and the YouHerbal.com will not be held liable for any errors or omissions contained in this Website. In no event, shall the YouHerbal.com be liable for any special, indirect or consequential damages, or any damages whatsoever resulting from loss of use, data or profits whether contract, negligence or any tort action arising out of, or in connection with, the use or performance of the information available from YouHerbal.com. | |||
|