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Terms of Use

Terms of Use
 

Welcome to the ILoveHerbal.com Website owned and operated by USA Wholesale and Retail and its affiliates (“ILoveHerbal”).  Except as otherwise noted herein, these terms and conditions (the “Terms of Use”) govern your use of the ILoveHerbal Website and ILoveHerbal’s services, pages, blogs, applications, contents and products (collectively, the “Websites”).  Please read these Terms of Use carefully as your use of our Websites constitutes your agreement to follow and be bound by the Terms of Use.

 

Legal Information


The Websites are expressly owned and operated by ILoveHerbal. The Websites are part of the interactive online service operated by ILoveHerbal on the World Wide Web. Our postal address is 26972 Burbank, Foothill Ranch, CA 92610. We can be reached via e-mail at sales@iLoveHerbal.com.

 

General


As we continue to develop our Websites, we may from time to time, modify, alter, revise or update these Terms of Use. ILoveHerbal expressly reserves the right to make changes to the Websites and to these Terms of Use from time to time.  When we make changes, we will post them here.  Your use of our Websites following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed. We therefore encourage you to refer to these Terms of Use on an on-going basis.  Should you have any questions concerning any of ILoveHerbal’s policies, please contact us.

 

ILoveHerbal provides you with access to and use of the Websites subject to your compliance with the Terms of Use. 

 

Websites Contents


Unless otherwise noted, the Websites, including all of the information and contents such as, images, photographs, illustrations, designs, artwork, graphics, photography, text, data, music, sound, messages, software and the HTML used to generate the pages, and the like that are part of the Websites (collectively, “Contents”) are the property of ILoveHerbal or that of suppliers or licensors and are protected by copyright, trademark, trade dress and/or other intellectual property rights under the United States and/or foreign law. The Contents of our Websites and the Websites as a whole are intended solely for personal, noncommercial use by the users of our Websites. You may download or copy the Contents displayed on our Websites for your personal, noncommercial use only so long as your copy retains any copyright and trademark notices appearing on our Websites. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. Any use of our Websites and the Contents for purposes other than personal and noncommercial is prohibited without the prior written consent of ILoveHerbal.  You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents or the Websites.

 

Colors
 

We have made every effort to display as accurately as possible the colors of our products that appear on the Websites. However, due to monitor discrepancies the actual color you see may vary based on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

 

Product Information and Pricing 
 

Some products displayed on the Websites may also be available in select ILoveHerbal stores. In some cases, web merchandise may not be available in ILoveHerbal stores. While merchandise offered on the Websites is generally priced the same as merchandise offered at ILoveHerbal stores, there may be price differences due to promotional events and special offers. The prices displayed on the Websites are quoted in US dollars and are valid and effective only in the US.

 

Comments, Feedback and Other Submissions 
 

Although we make every effort to respond quickly to applicable email messages, ILoveHerbal is under no obligation to respond to all pieces of correspondence received through our Websites, or to maintain submitted comments or feedback in confidence, or to pay compensation of any kind for comments or submissions. While we welcome your comments and feedback regarding our Websites, our products, and our services, we do not accept confidential or proprietary information. Accordingly, all comments, feedback, ideas or suggestions disclosed, submitted or offered to ILoveHerbal using the Websites or otherwise (collectively, “Comments”), are not confidential and will become and remain ILoveHerbal’s property. The disclosure, submission or offer of any Comments constitutes an assignment to ILoveHerbal of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.

 

ILoveHerbal policy does not allow us to accept or to consider creative, ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested.  The intent of this policy is to avoid the possibility of future misunderstandings if projects that are developed by ILoveHerbal employees and agents seem similar to created works submitted by users.  Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans or other materials for our business. 

 

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Websites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead ILoveHerbal or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. ILoveHerbal takes no responsibility and assumes no liability for any Comments posted by you or any third party.

 

Personal Information Submitted through the Websites

 

Your submission of personal information through the Websites is governed by our Privacy Policy.  Any personal information supplied to ILoveHerbal as part of your interaction or use of the Websites will be collected, stored and used in accordance with our Privacy Policy. These Terms of Use incorporate by reference the terms and conditions of the Privacy Policy.

 

User-Generated Content

 

ILoveHerbal owns and/or operates various Websites that permit users to submit or publish content (“User-Generated Content”).  The User-Generated Content Terms and Conditions supplement these Terms of Use, apply to and govern all User-Generated Content on our Websites, and are incorporated herein in full by reference.

 

#ILOVEHERBAL4ME

 

You may post or upload content that you have created, including, without limitation, photographs, your social media handle, videos and comments (“User Posts”) to your social media accounts.  By posting and uploading User Posts that you have tagged with #iLoveHerbal4me or other ILoveHerbal brand hashtags, you grant ILoveHerbal and its third party service providers who provide content management services (collectively, “Licensed Parties”) a perpetual, royalty-free, fully-paid, non-exclusive worldwide, unrestricted, transferable, irrevocable and unlimited license, right and permission to utilize ILoveHerbal-tagged User Posts in any manner to be determined in ILoveHerbal’s sole discretion, including but not limited to on its Websites, social media pages and platforms and in its other marketing, promotional and advertising initiatives, in any form of media.  ILoveHerbal may use, distribute, publish, transmit, exhibit, digitize, broadcast, display, disclose, remove, reproduce, prepare derivative works from, combine with other materials, alter/edit and otherwise exploit ILoveHerbal-tagged User Posts.  You grant the Licensed Parties the right to use your username, name, image, likeness, caption, location or other identifying information in connection with any use of ILoveHerbal-tagged User Posts. By posting or uploading ILoveHerbal-tagged User Posts you represent and warrant to ILoveHerbal that you own all rights in the User Posts, have permission to grant the rights granted to ILoveHerbal above and the User Posts do not violate the intellectual property, privacy, publicity or other legal rights of a third party.  By using ILoveHerbal brand hashtags you agree to defend, indemnify and hold harmless ILoveHerbal and the Licensed Parties against any and all claims, liabilities, losses or expenses (including, without limitation, reasonable attorneys’ fees) related in any way to ILoveHerbal’s or the Licensed Parties’ use of your ILoveHerbal-tagged User Posts. 

 

Social Media Contests
 

ILoveHerbal may from time to time sponsor a variety of Social Media Contests. For the details and terms and conditions of ILoveHerbal’s latest social media contest or sweepstakes, please consult the official rules of the specific contest or sweepstakes.

 

Monitoring 
 

ILoveHerbal shall have the right, but not the obligation, to monitor the content of the Websites, including e-mail, to determine compliance with this Agreement and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, ILoveHerbal shall have the right to remove any material that ILoveHerbal, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

 

User Conduct
 

ILoveHerbal Websites shall be used for lawful purposes only. Any conduct by you, which in ILoveHerbal’s sole discretion, restricts or inhibits any other user from enjoying the Websites will not be permitted.

 

Copyright Complaints

 

ILoveHerbal respects the intellectual property of others, and we require users and visitors to the Websites to do the same.  If you believe that your intellectual property or copyright has been copied in a way that constitutes copyright infringement, please follow the directions listed in the Copyright Agent section of the User-Generated Content Terms and Conditions.

 

Inaccuracies, Disclaimer, Limitation of Liability, and Indemnity 
 

Although ILoveHerbal endeavors to provide accurate information, there may be instances when the Websites unintentionally contain incomplete data, typographical errors or inaccuracies. ILoveHerbal does not warrant or make any representations regarding the accuracy or reliability of information on the Websites. The Websites and all Contents of the Websites are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.  ILoveHerbal reserves the right to amend errors or to update product information at any time without prior notice.  In the event a ILoveHerbal product is listed at an incorrect price due to photographical, typological or pricing information error, ILoveHerbal shall have the right to refuse or cancel any orders, whether or not confirmed or if you have already been charged.  If you have already been charged, ILoveHerbal shall issue a credit to your credit card for the incorrect amount. Neither ILoveHerbal nor its related entities or vendors or content providers shall be liable to any person or entity for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise), injury, claim, or liability of any kind or character whatsoever based upon or resulting from your use or inability to use the Websites, or any information or materials provided on the Websites.  ILoveHerbal does not warrant that your use of the Websites will be uninterrupted or error free, or that the Websites or its servers are free of viruses or other harmful elements. Your use of the Websites is at your sole risk. You assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment that you use in connection with your use of our Websites. ILoveHerbal shall not be liable for any damages of any kind related to your use of the Websites. ILoveHerbal is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the Websites or with any of ILoveHerbal’s Terms of Use, your sole and exclusive remedy is to discontinue using the Websites. You agree to indemnify, defend, and hold harmless ILoveHerbal, its members, managers, officers, directors, employees, agents, distributors, vendors and related entities from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting or arising out of your breach of any of these Terms of Use.

 

Ability to Accept Terms of Use

 

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

 

Termination
 

ILoveHerbal may deny you access to the Websites immediately and without notice if, in ILoveHerbal’s sole discretion, you fail to comply with any term or provision in these Terms of Use or the User-Generated Content Terms and Conditions.  These Terms of Use and the User-Generated Content Terms and Conditions and the Privacy Policy, which are incorporated herein by reference, constitute the entire agreement between you and ILoveHerbal relating to the subject matters addressed herein.

 

Severability 
 

If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision will be deemed severed from these Terms of Use and the remaining provisions shall; remain in full force and effect as if no invalid or unenforceable provision had been a part of this agreement.