Terms & Conditions
By using this Website you acknowledge
that you have read and you agree to be bound by and comply with these
Terms and Conditions.
We reserve the right to change the contents of this Website, including these Terms and Conditions at any time without notice by posting such changes on the Website.
We would advise all users of this Website to familiarize themselves with the Terms and Conditions regularly to ensure that they are aware of any changes.
Use of the Website after a change has been posted will signify the users acceptance of the modified Terms and Conditions. If you do not accept these Terms and Conditions, please do not use this Website.
Herboasis ("theherboasis.com" or the "Company") specializes in Chinese Medical Herbs and sell Herbs products via our websites www.theherboasis.com .
By accessing or using our website at www.theherboasis.com and any of its subsidiary websites (the "Websites"), you (the "User") signify that you have read, understood and agree to be bound by these Terms and Conditions of Use ("Terms and Conditions"). We reserve the right to change, modify, add, or delete any portions of these Terms and Conditions at any time without further notice, at our sole discretion. By using these Websites, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms and Conditions to which you are bound. It is your responsibility to regularly check the Websites to determine if there have been changes to these Terms and Conditions and to review such changes. If you do not agree to abide by these or any future Terms and Conditions, do not use or access, or continue to use or access, the Websites.
You acknowledge that these Websites contains information, data, data compilations, software, photographs, typefaces, text, graphics, sounds, images, and other material (collectively, "Content") that are the property of theherboasis.com or other third parties and that such Content is protected by United States and/or international copyright laws. All Content is copyrighted as a collective work under the United States copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. Further, you agree not to upload, post, reproduce, or distribute in any way any Content protected by copyright, or other proprietary right, without obtaining prior written permission of the owner of the copyright or other propriety right.
HERBOASIS using domain "theherboasis.com" as indicated on this Website, as well as this Website itself, are trademarks and/or trade dress of theherboasis.com, in the United States Europe an/or other countries. Trademarks and trade dress include the theherboasis.com name and logo, our graphics, page headers, button icons, scripts, and service names. theherboasis.com's trademarks and trade dress may not be used in connection with any product or service that is not theherboasis.com's.
theherboasis.com disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own. All other trademarks that appear on this site are the property of their respective owners, who are not affiliated with, connected to, or sponsored by us or our affiliates. You agree not to display or use such marks in any way, without obtaining permission of the owner of the trademark.
You have permission to view, electronically copy and print hard copies of pages from these Websites solely for personal, non-commercial purposes related to placing an order or shopping with theherboasis.com. Except as expressly stated in the Terms and Conditions, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, modify or otherwise exploit any images, photographs and/or any other variation of pictorial form on these Websites. In the absence of an express, written permission in advance, any other use of these Websites, its content and its information, including linking or framing to these Websites, is strictly prohibited.
While our goal is to provide complete, accurate, up-to-date information on our Websites, it is not possible to ensure that any website is completely free of human or technological errors. In order to give you the opportunity to view our products in great detail, some products may appear larger or smaller than their actual size in our photographs; and since every computer monitor is set differently, color and size may vary slightly. These Websites may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice, including inaccurate or erroneous prices. In the event of a pricing error discovered after an order has already been placed, we will notify you of the error and we will do our best to work with you to reach a mutually acceptable solution. We do, however, reserve the right to cancel the order and notify you of such cancellation. You also have the right to cancel the order in the event of a pricing error. If the order is cancelled by us, then you may replace the order at the corrected price. We sincerely apologize for any inconvenience this may cause.
By visiting or using the Websites, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and theherboasis.com or any of our affiliates, clients, co-brand partners or other partners and their respective directors, officers and employees. You consent and agree that the sole venue and jurisdiction for any dispute arising from the use of the Websites and/or under these Terms and Conditions shall be the appropriate state or federal court located in Rockland County, New York, and you consent to submit to the jurisdiction of such court, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses available to you.
theherboasis.com values your patronage and respects your privacy rights. Because we understand that you are concerned about your privacy, we have instituted policies intended to ensure that your personal information is handled safely and responsibly. As a policy, we do not sell, trade or rent your personally identifiable information to third parties.
Generally, you can browse our Websites without providing us with any personally identifiable information about yourself, such as your name, address, e-mail address, phone number, or credit card information. When you voluntarily submit your personally identifiable information to us by making a purchase from theherboasis.com, you are giving us your consent to the collection, use and disclosure of your personally identifiable information, and you understand and agree that we may share information about you and your transaction with other companies for the purpose of processing your transaction, including fraud prevention, vendor direct shipping and credit card authorization. We may also disclose information when you tell us to do so, to identify or contact you, to protect your rights or the rights of theherboasis.com or as required by law.
When you visit the Websites or communicate with us electronically by sending e-mails, you consent to receiving communications from us electronically. We will communicate with you by e-mail or by posting notices on this Websites. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
When you visit these Websites, our web server automatically collect anonymous information such as log data and IP addresses. We may use the automatically collected information for a number of purposes, such as improving our site design, product assortments, customer service, and special promotions.
Because we cannot prohibit minors from visiting the Websites, we must rely on parents, guardians and those responsible for supervising children under 18 to decide which materials are appropriate for such children to view and/or purchase.
The Websites may contain (a) links to other websites not maintained by theherboasis.com or (b) information about products or services of third parties. theherboasis.com does not independently verify the business practices of these third parties and makes no warranties on their behalf. The availability of any link or reference of any third party shall in no way constitute an endorsement by theherboasis.com of such third party. We encourage you when you leave our Websites and to read the terms and conditions of each and every website that you visit.
Entire Agreement. These Terms and Conditions constitute the entire agreement between you and theherboasis.com regarding the use of the Websites, superseding any prior agreements between you and theherboasis.com relating to your use of the Websites. The failure of theherboasis.com to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision in that or any other instance.
If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforce ability of any remaining provisions.
By submitting any content to Herboasis, you represent and warrant that:
- you are the sole author and owner of the intellectual property rights thereto;
- all "moral rights" that you may have in such content have been voluntarily waived by you;
- all content that you post is accurate;
- you are at least 18 years old;
You further agree and warrant that you shall not submit any content:
- that is known by you to be false, inaccurate or misleading;
- that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- for which you were compensated or granted any consideration by any third party;
- that includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
- that contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold Herboasis (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
By submitting your email address in connection with your question, rating and review, you agree that Herboasis and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.