You understand and agree that HerbaZest may modify these Terms at any time without prior notice, and such modifications will be effective upon our posting of the new Terms on the Site. You agree to review the Terms periodically so that you are aware of any modifications. Your continued use of the HerbaZest content after any modifications indicates your acceptance of the modified Terms.
The information, instructions, and general advice contained in the HerbaZest content is intended only as a general reference for further exploration, and is not a replacement for professional health advice. The HerbaZest content does not provide dosage information, format recommendations, toxicity levels, or possible interactions with prescription drugs or other items. You should consult your qualified health care professional such as a naturopathic physician when using any of the HerbaZest Content. Do not disregard, avoid or delay obtaining medical or health-related advice from your health care professional because of the HerbaZest Content.
Developments in medical research may impact the information that appears here. No assurance can be given that the information contained in the HerbaZest Content will always include the most recent findings or developments with respect to the particular material.
HerbaZest does not recommend or endorse any specific physicians, procedures, or opinions that may be mentioned or included in the HerbaZest Content.
If you are in the United States and think you are having a medical or health emergency, call your health care professional, or 911, immediately.
The use of HerbaZest Content is solely at your own risk.
In order to use the HerbaZest Content, you must be 13 years of age or older. If your age is between 13 and 18 years old, you must request permission from your parent or guardian before accepting these Terms or using the HerbaZest Content. If you are registering on behalf of your minor child, you agree to accept responsibility for your child's use of the HerbaZest Content.
Use of HerbaZest Content and Site
You may use the HerbaZest Content solely for your own personal benefit and you agree not to use the HerbaZest Content for any commercial use or in support of any other person or entity.
You may not use the HerbaZest Content to:
- Engage in or facilitate any illegal activity;
- Upload, transmit, or otherwise distribute any viruses or other harmful, disruptive, or destructive files;
- Interfere with or disrupt networks, systems, and/or computers used to provide the HerbaZest Content. You agree to comply with all regulations, policies, and procedures of such networks and systems.
- Advertise or offer to sell any goods or services unless you have HerbaZest's written consent to do so;
- Restrict or inhibit any other user from using the HerbaZest Content;
- Collect or store personal information about other end users;
- Impersonate any person or entity, including, but not limited to, a HerbaZest representative, or falsely state or otherwise misrepresent your affiliation with a person or entity.
All text, video, audio, sound, graphics, software, information, and other materials made available as part of the HerbaZest Content, including but not limited to the look and feel of the Site, are protected by copyright, trademark, and other intellectual property laws, and are owned solely by HerbaZest and its licensors. Except as expressly set forth in these Terms, you may not use, copy, distribute, display, or modify the HerbaZest Content.
You agree to access the HerbaZest Content only through the interface that is provided by HerbaZest. You agree not to use any automated means, including but not limited to agents, robots, scripts, spiders, or screen scraping tools, to access, monitor, download, or copy any part of the HerbaZest Content, unless HerbaZest has provided prior written consent.
HerbaZest, HerbaZest.com, and other of our slogans, phrases, marks, icons, and logos included with or accompanying the HerbaZest Content are our trademarks or registered trademarks. All other trademarks, service marks, logos, and trade names included with or accompanying the HerbaZest Content are trademarks or registered trademarks of their respective owners.
Links to Other Sites
The HerbaZest Content may contain links to other websites. HerbaZest will attempt to tell you when you are leaving the Site, but there may be instances when HerbaZest is unable to do so. HerbaZest is not responsible for the content, accuracy, or opinions expressed in other websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by HerbaZest.
Inclusion of any link on the HerbaZest Content does not imply approval or endorsement of the linked website by HerbaZest. If you decide to leave the Site and access any third-party website, you do so at your own risk.
Limitations of Liability
In no event will HerbaZest be liable to you or any third person for any indirect, consequential, exemplary, incidental, special, or punitive damages, including damages for any lost profits or lost data arising from your use of the HerbaZest Content, even if HerbaZest is aware of the possibility of such damages. Notwithstanding anything to the contrary contained herein, HerbaZest's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to US $100. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the disclaimers, exclusions, or limitations in these Terms may not apply to you, and you may have additional rights.
You agree to indemnify and hold HerbaZest and its stockholders, directors, officers, agents, contractors, partners, and employees harmless from and against any damage, loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of any claim, action, investigation, or proceeding made or instituted by any third party due to or arising out of your use of the HerbaZest Content.
HerbaZest does not warrant or covenant that the HerbaZest Content will be available at any time or from any particular location, will be secure or error-free, or that the HerbaZest Content is free of viruses or other potentially harmful components. HerbaZest may also at its sole discretion modify or suspend the features, availability, operation, and/or look and feel of the HerbaZest Content from time to time without notice to you.
HerbaZest is not responsible for any problems or technical malfunctions outside of HerbaZest's reasonable control, including outages in telephone/data network or lines and problems or traffic congestion on the Internet. Under no circumstances will HerbaZest be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the HerbaZest Content.
The HerbaZest Content is provided "as is," and HerbaZest disclaims any and all warranties, whether express or implied, including without limitation, implied warranties of title, merchantability, fitness for a particular purpose, non-infringement, or arising out of a course of performance, course of dealing, or usage of trade. HerbaZest cannot guarantee and does not promise any specific results from use of the HerbaZest Content. Your use of the HerbaZest Content is at your own risk.
HerbaZest has the perpetual, unrestricted right to use and disclose any questions, comments, suggestions, ideas, feedback, or other information relating to modifying or improving the HerbaZest Content and/or its processes and underlying software ("Feedback"), provided by you to us, whether solicited or unsolicited.
HerbaZest make no representations that the HerbaZest Content is appropriate or legally available for use in locations outside the United States. If you are accessing the HerbaZest Content from outside the United States, you are solely responsible for complying with all local laws.
Software Downloads and Export Controls
Software and related technologies that may be available in connection with the HerbaZest Content are subject to United States export controls. No software or related technologies may be downloaded from the Site, or otherwise exported or re-exported, in violation of United States export laws.
These Terms shall be governed by and construed in accordance with the substantive laws of the State of Florida, USA, without reference to conflicts of laws provisions. Any dispute or claim arising out of or in connection with these Terms shall be finally settled by mutually binding arbitration in Orlando, Florida in accordance with the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator. Judgment on the award rendered by the arbitrator may be confirmed, reduced to judgment, and entered in any court of competent jurisdiction. You agree that, any provision of applicable law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys' fees. HerbaZest reserves the right to seek any interim, preliminary, or other equitable relief from a court of competent jurisdiction as necessary to protect its rights or its property or the rights or property of its agents, suppliers, and subcontractors.
In the event that the above arbitration provision is held invalid or unenforceable, then any dispute with respect to these Terms shall be brought and heard either in a State or Federal court located nearest to Orange County, Florida. In such event, you consent to the personal jurisdiction and venue of such courts. You agree that service of process upon you in any such action may be made if delivered in person, by courier service, by facsimile, or by first class mail, and shall be deemed effectively given upon receipt.
HerbaZest may terminate or suspend your access to the HerbaZest Content and these Terms at any time without notice if you breach any provision of these Terms. In the event of termination, those Sections in these Terms which provide for continuing obligations on your part shall survive indefinitely.
Both you and HerbaZest agree that no partnership, agency, joint venture, or employment relationship is formed between you and HerbaZest by your use of the HerbaZest Content and neither you nor HerbaZest have the power or the authority to obligate or bind the other. These Terms set forth the entire agreement between you and HerbaZest pertaining to your use of the HerbaZest Content. If any provision of these Terms is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of these Terms shall continue in full force and effect. Our failure to exercise any right or provision of these Terms shall not constitute a waiver of such right or provision.
If you do not agree to or are not able to abide by these Terms, you have no right to access or use the HerbaZest Content.