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Terms of Service

Terms of Service

Updated July 1st, 2020

1. Acceptance of Terms

HerbPal welcomes you to its online service (the "Service"). By using this Service you are agreeing to the following Terms of Service ("TOS"), whether or not you are a registered customer of WEBSITE The TOS may be updated from time to time without notice to you. However, you can always find the latest TOS at WEBSITEand should check regularly for updates and changes.

In addition, when using the Service, you shall be subject to any posted policies, guidelines or rules applicable thereto. All such policies, guidelines and rules are hereby incorporated by reference into the TOS. You further agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

IF YOU DO NOT AGREE TO THE CURRENT TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SERVICE, SINCE YOUR USE OF IT CONSTITUTES ACCEPTANCE OF ALL OF THE MOST CURRENT TERMS AND CONDITIONS FOR ITS USE

2. Description of Service

HerbPal makes available a collection of resources to its registered and non-registered users as the Service. Registered users can create Content (as defined by Section 4 below), select favorites, edit, rate, comment and read other people's Content. Non-registered users can browse topics, profiles, and other people's Content.

THE SERVICE IS PROVIDED "AS IS" AND HERBPAL ASSUMES NO RESPONSIBILITY FOR TIMELINESS, NON-DELIVERY, OR FAILURE TO STORE ANY COMMUNICATION, WRITING, IMAGE, OR PERSONALIZATION SETTINGS. ADDITIONALLY, HERBPAL PROVIDES INFORMATION WITHOUT WARRANTY OF ANY KIND AND AS SUCH, THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, OR RELIABILITY OF THE INFORMATION.

Unless explicitly stated otherwise, any new features which augment or enhance the Service, including without limitation the release of new HerbPal properties or assets and are subject to the then current TOS. The Websites and Services are intended solely and only available to individuals who are at least eighteen (18) years of age, who can willingly and knowingly enter into legally binding contracts under applicable law. If you do not have such authority, you will be held individually liable for all actions taken under your user ID.

All users must abide by the TOS. If a user fails to follow any of the guidelines and/or rules of behavior, HerbPal can discontinue their ability to use the site at any time. In addition, we have the right to delete any piece of Content, and provide comment on any topic or profile we find objectionable in our reasonable discretion. You may only use this website for purposes expressly permitted by the TOS. As a condition of your use of HerbPal , you represent and warrant to HerbPal that you will not use the website and any Service for any purpose that is unlawful, offensive, and/or prohibited by this TOS.

You alone are totally responsible for any activity that takes place on HerbPal under your name and password. If you become aware of any unauthorized use of your username and/or password it is your responsibility to notify HerbPal immediately. It is up to you to maintain the confidentiality of your password and username at all times. You understand that you may receive business-related communications from HerbPal such as Service announcements and account administrative notices and you agree that these communications are not "unsolicited commercial email advertisements" and thus, subject to all applicable laws, you agree to receive them and you will not be able to opt out of receiving such communications.

As a user of the Service you also understand and agree that the Service will also include advertisements. You agree that such advertisements are not "unsolicited commercial email advertisements" and, subject to all applicable laws, you agree to receive them and you will not be able to opt out of receiving such communications. You understand and agree that your correspondence or business dealings with, or participations in promotions of, advertisers found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. You agree that HerbPal shall not be responsible or liable for any loss or damage incurred as the result of such dealings or as the result of the presence of such advertisers on the Service.

You understand that you are responsible for obtaining access to the Service and that access may involve third party fees. You are totally responsible for obtaining such access and paying those fees.

YOU MUST BE AT LEAST 18 YEARS OF AGE TO ACCESS AND VIEW THE SERVICE, AND MUST BE IF YOU ARE 18 YEARS OR YOUNGER, DO NOT USE THIS SERVICE FOR ANY PURPOSE AS IT IS NOT INTENDED FOR USE BY CHILDREN.

3. Using the Service and Rules of Behavior

User Registration and Accounts

By creating a User Profile, you agree that:

  • You will not register a username (or email address) that (a) is already being used by someone else; (b) may impersonate another person: (c) belongs to another person; (d) violates the intellectual property or other right of any person or entity; or (d) is offensive. We may reject the use of any password, username, or email address for any reason in our sole discretion;
  • You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, HerbPal may suspend or terminate your account and refuse you any and all current or future access to or use of the Websites and Services (or any portion thereof). If you fail to update your information in a timely manner, then HerbPal has reasonable grounds to suspect that such information is untrue, inaccurate, outdated or incomplete, which will allow HerbPal to suspend or terminate your account and refuse you any and all current or future access or use of the Websites and Services (or any portion thereof).
  • You will not post libelous content or create false or misleading reviews or posts;
  • You are solely responsible for all activities that occur under your account, password, and username—whether or not you authorized the activity;
  • You are solely responsible for maintaining the confidentiality of your password and the other Protected Information (as defined below) and for restricting access to your account so that others may not access any password-protected portion of the Websites or Services using your Protected Information;
  • You will immediately notify us of any unauthorized use of your Protected Information, or any other breach of security;
  • You will not sell, transfer, assign, or provide a copy of, your account, account rights, user ID, password, API keys, menu embed code, or other credentials or access rights (the "Protected Information") for any of the Websites or Services to any other person or entity. You must keep all of the Protected Information in strict confidence;
  • You will not share or allow any third party to utilize your account on your behalf or on a time share basis;
  • You will not create more than one account unless specifically authorized to do so; and
  • You will not use Protected Information of others.

HerbPal is not liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.

If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, offensive, incomplete, or violates these Terms, any Additional Terms, the Privacy Policy, or any applicable law, then we may suspend or terminate your account, User Profile, and access to and use of the Websites and Services at our sole discretion and without advance notice or liability.

Your User Profile cannot be used to conduct commercial activities, including, but not limited to, transactions, advertising, fundraising, contests, or other promotions absent our prior written consent. The menu embed feature we provide to clients may only be used on a client's own website or application, and the applicable code may not be altered in any manner (including by removing any HerbPal branding). We may offer you the ability to set preferences relating to your User Profile, but changes to your settings may not become effective immediately or be error free, and options may change from time-to-time. HerbPal assumes no responsibility or liability for any issues, problems, or Content on your User Profile.

User Profiles may only be set up by an authorized representative of the individual or business that is the subject of the User Profile. HerbPal does not review each User Profile to determine if it was created by an appropriate party. In addition, HerbPal is not responsible for any unauthorized User Profiles that may appear on the Services. If you believe that a User Profile listed on one of the Websites is unauthorized, fake, fraudulent, or otherwise improper or misleading, please send an email to EMAIL.

Rules of Behavior

  • You are solely responsible for your own communications and Content including any data, images, graphics, text, audio, video, email, links, and/or screen names you post to the site. You agree to use the Service to post and receive communications and Content that are legal and proper.
  • You must not abuse, defame, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of others.
  • You must not violate the privacy or publicity rights of others.
  • You must not upload, post or link to any material that is inappropriate, defamatory, infringing, obscene, vulgar, libelous, racially or ethnically hateful, objectionable, or unlawful (or promote or provide instructional information about illegal activities or communications that could reasonably cause damage, loss, harm, or injury to any individual or group).
  • You must not post, upload or link to (a) anything that promotes or distributes pyramid schemes or chain letters, or (b) other disruptive, illegal or immoral communications of any kind.
  • You must not post, upload or link to anything that could potentially exploit or harm children by exposing them to inappropriate Content, asking for personally identifiable details or information, or otherwise exposing them to materials or information which in any way could cause damage, injury, or harm of any kind.
  • You must not post, upload or link to anything that harvests or otherwise collects information about other users, including without limitation addresses, phone numbers, e-mail addresses, and/or health or financial information of any kind, without the users' prior express consent in each instance.
  • You must not post, upload or link to anything that advertises any commercial endeavor (e.g., offering for sale any products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), or solicits funds, advertisers or sponsors for any purpose.
  • You must not upload or post anything that infringes any patent, trademark, copyright, trade secret or other intellectual property or other legal right of a third party without prior written permission from the third party in each instance, which written permission you agree to disclose to us at any time on our request (subject to all applicable laws). You must not intentionally download any material that you know or should reasonably know cannot be distributed legally.
  • You must not impersonate another person, group of people, or entity at any times, which includes not using anyone else's username or password.
  • You must not use the HerbPal Service for any illegal, immoral, or unauthorized purpose.
  • You must abide by all applicable Federal, State and local laws. If you are outside the United States, you must comply with all local laws as well with respect to your online conduct and acceptable Content including without limitation the exportation of data to the United States or to your country or residence.
  • You cannot modify, edit, or delete any Content and communications of the HerbPal site and/or of other individuals other than your own Content.
  • You must not transmit any viruses, worms, defects, Trojan Horses or any items and/or computer code, files or programs of a destructive nature and/or otherwise designed to interrupt or limit the functionality of any computer software or hardware or telecommunications device.
  • You must not transmit or allow access or distribution of any spiders, robots or other information gathering computer programs or routines or their equivalents on or in the Service.
  • You must not do anything that disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real-time activities through this website.
  • You must not interfere with or disrupt the Service or servers or networks connected with the Service or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
  • You cannot create member accounts under any false or fraudulent pretenses (including by automated means).
  • You must not state or imply that any of your submitted and or posted Content is endorsed by HerbPal or any affiliate thereof.
  • You must not retrieve, store or collect personal information about any user for any unauthorized purpose, and may not retrieve, store, or collect personal information about any user for any valid purpose without such user's prior written consent in each instance (and acknowledgment that they are at least 13 years of age).
  • You must not engage in any "spamming" of any kind, including without limitation ad spamming.
  • You cannot use the HerbPal name or trademarks or related trade names, which you acknowledge here to be valid, subsisting and enforceable without impediment, and you will not expressly or by implication create the false or misleading impression that HerbPal is associated with, or endorses, or is in any way connected with you, your business, or your Content.

WHILE HERBPAL EXPLICITLY PROHIBITS THE ABOVE CONDUCT YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT AND THAT YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK, AND THAT HERBPAL SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT AS CARRIED OUT BY ANY THIRD PARTY AT ANY TIME UNLESS EXPRESSLY SET FORTH TO

THE CONTRARY BY HERBPAL IN WRITING.

YOU UNDERSTAND AND AGREE THAT IF YOU VIOLATE ANY OF THE RULES OF BEHAVIOR, HERBPAL CAN TERMINATE YOUR USE OF THE SERVICE IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF OR A HEARING.

4. Content

As a registered user, you will be able to upload and post a great variety of materials and information, including but not limited to text, audio, video, photographs, graphics and other materials ("Content"). This means that you have sole responsibility, not HerbPal , for all of the Content that you upload post, email, transmit or otherwise make available through the Service, and to make sure that you are in compliance with the rules of behavior set forth herein relating to such Content. Any Content that you write, post, upload or link to on HerbPal is entirely your responsibility.

For purposes of these Terms, (a) "Content" means all text, images, photos, audio, video, graphics, reviews, location data, and all other forms of data, communication, or media, (b) "User Content" means Content that users submit or transmit to, through, or in connection with the Websites or Services, such as ratings, reviews, orders, favorites, photos, videos, media, messages, social media posts or Services, comments, and information that such user publicly displays or displayed in its User Profile, and including any electronic data or information with respect to a User's customers, (c) "HerbPal Content" means Content that we create or is otherwise owned by us that we make available in connection with the Websites or Services, (d) "Third Party Content" means Content that originates from parties other than HerbPal or users of any of the Websites or Services, which is made available in connection with the Websites or Services and not otherwise owned by us, and (e) "Website Content" means all of the Content that is made available in connection with the Websites or Services, including User Content, Third Party Content (and Third Party Material (as defined below)), and HerbPal Content.

HerbPal shall have no liability of any kind with respect to any Content posted by you or other users of the Service. You agree that you must assess and bear all risks associated with your use of any Content. In this regard, you may not rely on any Content created by other HerbPal members or otherwise created, distributed and displayed on any part of the Service. HerbPal does not control or monitor all of the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.

The Content created by you must be owned by you or you must have been granted the prior permission to use such Content by its owner. HerbPal does not own any of the Content you post. By placing Content on the Service you are providing HerbPal with a worldwide, irrevocable, royalty-free, unlimited, non-exclusive license, for as long as the Content is part of your profile, to publicly display, modify, reproduce and distribute your Content, in whole or in part, on the site for editorial and promotional purposes of the site. HerbPal reserves the right to exploit or promote this Content in connection with the promotion of the Service and other services offered by HerbPal .

Unless you make it clear that specific Content you post cannot be copied or used by any other users of the Service, you agree that by posting Content you own on the Service, all other users can reproduce and use such Content in connection with the Service, subject to all applicable laws. HerbPal shall have no responsibility for enforcing any rights you may claim in any Content, which shall be your responsibility entirely, and you agree to hold harmless defend, and indemnify HerbPal with respect to any claim you have that other users are reproducing or using your Content as well as for claims by other users that you are reproducing or using their Content without permission. HerbPal will not arbitrate, mediate or resolve any intellectual property or other disputes between users, and has no responsibility for doing same other than as may be specifically required by law.

You acknowledge that HerbPal may or may not pre-screen Content but that HerbPal and its designees shall have the right, but not the obligation, in its sole discretion to pre-screen, refuse, move, edit, and/or delete any Content that violates these TOS and/or is otherwise objectionable as determined by HerbPal in its sole discretion.

HerbPal may preserve and store your account information and Content if it believes in good faith that such preservation is necessary to comply with legal or regulatory processes, respond to claims that the Content violates the rights of third parties, and/or to protect the rights, property or personal safety of HerbPal , its users and the public.

HerbPal respects the intellectual property of others and we request our users do the same. In certain circumstances and at its discretion, HerbPal may, but is not obligated to disable, suspend and terminate the accounts of members who may be infringing on the rights of others. If you believe that your Content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please contact HerbPal as soon as practically possible at EMAIL ADDRESS with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of where the material you claim is infringing is located on the site;
  • your name, address, telephone number, and email address;
  • a statement claiming that you have a good faith belief that the disputed use has not been authorized; and
  • a statement by you made under penalty of perjury, that the above information is accurate and that you are the copyright or intellectual property holder or our authorized to act on behalf of the holder.
5. Links

The Service may provide, or third parties including HerbPal members may provide, links to other websites or resources, which are not maintained by or related to HerbPal . Links to such sites are provided as a service to our users and are not sponsored by, endorsed or otherwise affiliated with HerbPal .HerbPal has no control over these sites and their content, and makes no representations or warranties about the content, completeness, quality or accuracy of the links, materials or information contained on any such website. Therefore, you acknowledge and agree that HerbPal is not responsible for the availability of such links, resources and content, and does not endorse, and is not responsible or liable for, any content, advertising, products, or other materials made available on or from these linked websites. You also acknowledge and agree that HerbPal is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by, or in relation to, the use of any Content, goods or services offered through these links or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third party claims relating to your posting or using such links. YOU AGREE THAT IF HERBPAL REQUESTS YOU TO DISABLE ANY LINK YOU HAVE POSTED AND YOU FAIL TO DO SO WITHIN 24 HOURS AFTER RECEIVING SUCH REQUEST, HERBPAL HAS THE RIGHT TO DISABLE THE LINK WITHOUT ANY FURTHER NOTICE TO YOU.

6. Indemnity

You agree to indemnify, defend, and hold HerbPal , its subsidies, affiliates, officers, agents, and other partners and employees, harmless from any and all loss, cost, injury, liability, claims, damages, or demand of any kind, including actual attorney's fees and related costs, made by or arising out of your use of the Service in violation of these TOS and/or your violation of any rights of another or any applicable law, rule or regulation.

7. No Resale of Service

You agree not to, without the express prior written consent of HerbPal in each instance: reproduce, duplicate, copy, sell, resell, or exploit, for any commercial or other purposes, any portion of the Service or content or other information or materials of any kind that you do not own.

8. Modification and Termination of the Service

HerbPal reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that HerbPal will not be liable to you or any third party for the consequences of any modification, suspension or discontinuance of the Service.

9. HerbPal Privacy Policy

Personal and certain other information is subject to our Privacy Policy. As a condition of using the Service you agree to the terms of the Privacy Policy, as it may be changed and updated from time to time. Our Privacy Policy, which is incorporated here by reference, is located at LINK. You agree that your use of this Service is subject to the Privacy Policy, and therefore, agree that you will not use this Service unless and until you review the Privacy Policy and agree with its terms in its entirety.

10. Registration

In order to use certain aspects of the Service you are required to register. We refer to registered users as "members". Registered users are subject to the following specific terms in addition to all of the other terms in this Agreement:

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract, which is eighteen (18) years of age in the United States, and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction.

You agree to provide true, accurate, current and complete information as required on the Service's Registration Form. If you provide any information that is untrue, incomplete, not current or inaccurate, HerbPal has the right to suspend or terminate your account and refuse your current or future use of the Service (or any portion thereof).

You agree that HerbPal may, under certain circumstances and without prior notice, immediately terminate your HerbPal account, any associated username and/or access to the Service. Cause for such termination shall include, but is not be limited to:(i) a breach or violation of the TOS or other HerbPal policies, guidelines, or rules (including without limitation the Privacy Policy), (ii) extended periods of inactivity, (iii) your engagement in fraudulent or illegal activity, (iv) unexpected technical or security issues, and (v) requests by law enforcement or other government agencies. You also agree that any termination is in HerbPal 's sole discretion and that HerbPal will not be liable to you or any third party for any termination of your account, password, username, deletion of Content and/or access to the Service.

You agree that your account is non-transferable and any rights to your account, password, username, terminate upon your death or disability and/or termination of account for any reason.

You are responsible for any activities that take place under your username and password. If you become aware of any unauthorized use of your password or account, or any other breach of security, contact HerbPal immediately. It is up to you to maintain the confidentiality of your password and account. HerbPal is not responsible or liable for any loss or damage arising from your failure to comply with the provisions of these terms.

11. Practices regarding Use and Storage

You acknowledge that HerbPal may establish general practices and limits regarding use of the Service including, without limitation, the maximum number of email messages which may be sent or received from an account of the Service, the maximum size of any email message that may be sent from or received by an account of the Service, the maximum amount of disk space that will be allotted on HerbPal 's servers on your behalf, and the maximum number of times and duration for which you may access the Service in a given time. You agree that HerbPal has no responsibility or liability for the deletion or failure to store or transmit any messages or communications or other content maintained or transmitted by the Service. You acknowledge and agree that HerbPal reserves the right to log off accounts and deactivate usernames and accounts that are inactive for an extended period of time. You further acknowledge that HerbPal has the right to modify these practices and limits from time to time.

12. HerbPal Proprietary Rights; Trademarks and Copyrights

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is the property of HerbPal and its licensors, and is protected by applicable intellectual property and other laws. No rights or title of to any of the Software used in connection with any Service is provided, transferred or assigned to you. You further acknowledge and agree that content contained in advertisements or information presented to you through the Service or advertisers is protected by copyright, trademarks, service marks, patent, privacy, and/or other proprietary rights and laws. Except as expressly authorized by HerbPal or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part, at any time. You also acknowledge HerbPal 's exclusive rights in the HerbPal trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing on HerbPal are the property of HerbPal or the party that provided such intellectual property to HerbPal. HerbPal and any party that provides intellectual property to HerbPal retain all rights with respect to any of their respective intellectual property appearing on HerbPal, and no rights in such materials are transferred or assigned to you, in whole or in part, at any time.

13. No Co-Branding or Framing.

You may not use or authorize any party to co-brand or frame HerbPal or any Service without the express prior written permission of an authorized representative of HerbPal, as applicable, in each instance. For purposes of this TOS, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute HerbPal , in whole or in part, and/or any content accessible within HerbPal . For purposes of this TOS, "framing" refers to displaying any HerbPal webpage or Service within a bordered area of another website, regardless of whether the address of the originating HerbPal is visible. You further agree to cease any unauthorized co-branding or framing immediately upon notice from HerbPal.

14. Disclaimer of Warranties

The use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. HERBPAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HERBPAL MAKES NO WARRANTY THAT (1) THE SERVICE WILL MEET YOUR REQUIREMENTS, (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SERVICE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (5) THAT THE SOFTWARE WILL BE ERROR-FREE AND/OR ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT:

YOUR ACCESS TO AND USE OF THE WEBSITES AND SERVICES IS AT YOUR OWN RISK. THE WEBSITES AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HERBPAL AND ITS AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, OWNERS, EMPLOYEES, CONTRACTORS, CONSULTANTS, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY OTHER POTENTIAL OR ACTUAL WARRANTY OF ANY KIND.

HERBPAL AND ITS AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, OWNERS, EMPLOYEES, CONTRACTORS, CONSULTANTS, AND AGENTS MAKE NO GUARANTEE OR WARRANTY THAT: (1) THE WEBSITES AND SERVICES WILL SATISFY YOUR NEEDS AND REQUIREMENTS OR WILL BE COMPATIBLE WITH YOUR EQUIPMENT; (2) THE WEBSITES AND SERVICES, AND ALL AFFILIATED WEBSITES, FEATURES, SERVICES, COMMUNICATIONS, AND APPLICATIONS, WILL BE COMPREHENSIVE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR BE FREE FROM LOSS, DESTRUCTION, CORRUPTION, ONLINE ATTACK, VIRUSES, WORMS, OR OTHER INVASIVE, HARMFUL, OR CORRUPTED OR OTHER RELATED INTRUSIONS; (3) THE INFORMATION, DATA, OR RESULTS REALIZED OR OBTAINED FROM YOUR USE OF THE WEBSITES WILL BE ACCURATE, UP TO DATE, SATISFACTORY OR RELIABLE OR FIT OR USEFUL FOR ANY SPECIFIC PURPOSE; (4) THE QUALITY OR VALUE OF ANY PROPERTIES, SERVICES, PRODUCTS, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITES AND SERVICES WILL MEET YOUR EXPECTATIONS; (5) THAT ANY OFFER MADE OR MESSAGE SENT WILL BE SUCCESSFULLY TRANSMITTED, RECEIVED, AND PROCESSED; AND (6) ANY ERRORS IN THE GUIDELINES, SOFTWARE, OR PROTOCOLS WILL BE CORRECTED OR RESOLVED.

ANY PRODUCT OR PROGRAM DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES AND SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE AND FULLY LIABLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, LOSS OF DATA, OR ANY OTHER LOSS OR DAMAGE THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH PRODUCT, MATERIAL, APPLICATION, FEATURE, OR OTHER PROGRAM.

NO ADVICE OR INFORMATION, INCLUDING MEDICAL ADVICE, STRATEGY, GUIDELINES, OR RELATED CONTENT, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HERBPAL OR FROM THE WEBSITES, SERVICES, OR RELEVANT SOCIAL MEDIA PAGES SHALL CREATE ANY WARRANTY, GUARANTEE, OR STRATEGY NOT EXPRESSLY STATED IN THESE TERMS.

VETTING BY HERBPAL OF EACH AND EVERY DOCUMENT, PHOTOGRAPH, VIDEO, REVIEW, RELATED MEDIA, POSTING, OR OTHER COMMUNICATION, IN ADDITION TO ANY OTHER CONTENT POSTED VIA THE WEBSITES OR SERVICES, MAY NOT BE POSSIBLE OR REALISTICALLY PRACTICABLE. AS A RESULT, HERBPAL CANNOT AND DOES NOT CONTROL ANY LISTING REVIEWS, COMMENTS, PHOTOGRAPHS, OPINIONS, POSTINGS, OR OTHER CONTENT OR MATERIAL POSTED VIA THE WEBSITES OR SERVICES AND, AS SUCH, DOES NOT GUARANTEE THE ACCURACY, INTEGRITY, QUALITY, SAFETY, LEGALITY, MORALITY, AND/OR AUTHENTICITY OF SUCH CONTENT, THE TRUTH OR ACCURACY OF USERS' CONTENT, THE ABILITY OF LISTINGS TO CONFIRM PRODUCT AVAILABILITY OR PRICING, OR THE ABILITY OF USERS TO CONFIRM EXPERIENCES FROM USING OR PURCHASING SPECIFIC PRODUCTS DISCUSSED OR SOLD ON THE WEBSITES OR SERVICES.

No advice or information, whether oral or written, obtained by you from HerbPal or through or from the Service shall create a warranty not expressly stated in these TOS.

15. Limitation of Liability

You expressly understand and agree that HerbPal will not be liable to you for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if HerbPal has been advised of the possibility of such damages or such damages were reasonably foreseeable, resulting from the use or the inability to use the Service, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third party including advertisers on the Service, the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service, and/or any other matter relating to the Service. In no event will HerbPal be liable to you for any amount of money over One Hundred U.S. Dollars ($100.00), which you acknowledge to be a fair and reasonable sum in the event of any loss by you of any kind.

HERBPAL IS UNABLE TO GUARANTEE CONSISTENT, CONTINUOUS, OR SECURE ACCESS TO ITS WEBSITES, APPLICATIONS, SERVICES, PROGRAMS, CONTENT, AND NETWORK, AND OPERATION OF THE WEBSITES AND SERVICES MAY BE INTERFERED WITH OR DELAYED BY NUMEROUS POTENTIAL FACTORS OUTSIDE OF HERBPAL 'S CONTROL. YOU ACKNOWLEDGE, EXPRESSLY UNDERSTAND, AND AGREE THAT HERBPAL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSEES, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF OPPORTUNITY, REPUTATION, PROFITS, GOODWILL, USE, VALUATION, TAX BENEFIT, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF HERBPAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE WEBSITE AND/OR NETWORK; (2) THE COST TO PROCURE SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES, E-MAILS, REVIEWS, POSTINGS, COMMENTS, OR OTHER COMMUNICATIONS RECEIVED, OR TRANSACTIONS ENTERED INTO VIA THE WEBSITES OR OTHER AFFILIATED OR RELATED WEBSITES OR SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITES; (5) THE FAILURE OF THE NETWORK OR WEBSITES TO TIMELY PROCESS AN OFFER; OR (6) ANY OTHER MATTER RELATING TO THE WEBSITES, ANY HERBPAL AFFILIATED OR RELATED SERVICES, FEATURES OR APPLICATIONS, OR ANY OTHER HERBPAL OWNED OR OPERATED ENTITY. FURTHER, HERBPAL IS NOT A PARTY TO ANY SUCH TRANSACTIONS MADE BETWEEN LISTING CLIENTS AND USERS, AND HERBPAL SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DEFAULTS, COSTS, INFORMATION, THE CONTENTS OF ANY DOCUMENTS, OR FOR ANY OTHER INTERACTIONS, BETWEEN OR AMONG USERS, INCLUDING USERS, LISTINGS, PHYSICIANS, AND ALL RELATED PARTIES, IN ANY WAY ASSOCIATED WITH THE WEBSITES OR SERVICES.

16. Special Admonition for Services Relating to Financial Matters

If you receive or request any news, messages, or other information from the Service concerning stock quotes, companies, investments, or securities, remember that the Service is provided for entertainment purposes only, and no Content included or information made available by the Service is intended for trading or investing purposes. HerbPal and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment analyses, decisions or actions made by you or any users based on such information or Content.

17. Personally Identifiable Information

HerbPal cautions you against giving out any personally identifying information about yourself, your children, or any other person in any Service. In an effort to preserve your privacy, HerbPal agrees that it will treat any personally identifying information that you submit through this site in accordance with the terms outlined in its Privacy Policy located at LINK.

18. Disclosures Required by Law

HerbPal reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental request. HerbPal reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing HerbPal to disclose the identity of anyone posting any content, or publishing or otherwise making available any materials that are believed to violate the TOS. HerbPal will use reasonable efforts to notify you in connection with any such inquiry; provided, however, that the inquiry in question is not confidential, and further provided that HerbPal shall have no duty to disclose such information and therefore shall not be liable to you in connection with any non-disclosure.

BY ACCEPTING THIS AGREEMENT, YOU WAIVE ALL RIGHTS AND AGREE TO HOLD HERBPAL HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY HERBPAL DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER HERBPAL OR ANY LAW ENFORCEMENT ORE REGULATORY AUTHORITIES. 19. Disputes

If there is any dispute about or involving the HerbPal and/or the Service, you agree that any dispute shall be governed by the laws of the State of California, without regard to conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of the Orange County, California.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THESE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

20. Copyright Infringement

It is HerbPal 's policy, in appropriate circumstances and at its discretion, to disable, eliminate access to and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights of others.

In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), the text of which can be found on the U.S. Copyright Office website, HerbPal will respond appropriately to claims and reports of copyright infringement taking place on or through the Websites.

If you are a copyright owner, an authorized representative of a copyright owner, or an authorized representative permitted to act under an exclusive right per an applicable copyright, please report alleged copyright infringements taking place on or through the Websites by completing the following DMCA Notice of Alleged Infringement and delivering it to HerbPal in accordance with the DMCA and these Terms. Upon receipt of a properly completed and delivered DMCA Notice of Alleged Infringement, HerbPal will take whatever action it deems appropriate in its sole discretion, but subject to its obligations under the DMCA, including removal of the challenged material from the Websites.

DMCA Notice of Alleged Infringement ("Notice")

Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – provide a comprehensive list of the copyrighted works that you claim have been infringed.

Identify the material that you claim is infringing (i.e. the material you want removed, or material that you want all access disabled to) and provide information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Websites where such material may be found.

Provide your mailing address, telephone number, and, if available, email address.

Include both of the following statements in the body of the Notice:

"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent or the law."

"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all above items completed, to HerbPal:

HerbPal – Notice
PO Box 53023,
Irvine CA 92619

EMAIL
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a Notice automatically subjects the complaining party to liability for any da

21. Miscellaneous Terms; General Information

These TOS govern the terms and conditions of your use of the Service, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and HerbPal with respect to the Service and this website. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use or purchase certain elements of the Service, affiliate or advertiser services, third-party content or third-party software. HerbPal may revise these TOS at any time by updating this posting. Accordingly, you should review the TOS periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the TOS signifies and confirms your acceptance of any such changes or amendments to these TOS.

The failure of HerbPal to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of the TOS by HerbPal must be in writing and signed by an authorized representative of HerbPal to be effective.

If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties' intentions as reflected in the provision, and the other provisions of these TOS, shall remain in full force and effect.

The section titles in the Agreement are for convenience only and have no legal or contractual effect.

Nothing contained in these TOS shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each is and shall remain independent contractors (to the extent applicable), and therefore, responsible for its own actions.

Please immediately report any violations of these TOS to HERBPAL at EMAIL ADDRESS

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