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Terms

Please take a moment to review the policies we have established for the safety and security of our visitors. If you have questions about our terms or any other aspect of Herbalist.com LLC  do not use the site. Thank you.  HERBALIST.COM LLC MAY BE REFERRED TO AS "HERBALIST" IN THIS DOCUMENT.

1. Disclaimer
Herbalist.com is an online open-content collaborative community.  Herbalist.com is 100% voluntary and users alter the herbalist.com content. Please be advised that nothing found here has necessarily been reviewed by people with the expertise required to provide you with complete, accurate or reliable information.   You use herbalist.com at 100% of your own risk.  

There is no agreement or understanding between you and Herbalist.com regarding your use or modification of this information, nor is anyone at Herbalist.com responsible should someone change, edit, modify or remove any information that you may post on herbalist.com or any of its associated projects.

You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Herbalist with respect thereto, and agree to indemnify and hold Herbalist, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

We are not doctors and do not give medical advice. Therefore, you should consult a licensed physician if you believe you have a serious health problem. We recommend that you do comprehensive research on your own before implementing our opinions or the opinions of anyone else about how to care for your health and your well being, no matter the method or the product.

Herbalist.com has no affiliation with the U. S. Food and Drug Administration.  Any Dietary Supplements mentioned on this site has not been tested by the FDA, nor approved by the FDA and should not be used to diagnose, prevent, treat or cure any disease.  OUR SUPPLEMENTS HAVE BEEN FORMULATED BY A FDA SUPPLEMENTS MANUFACTURING COMPANY.

The materials in this site are provided "as is" and without warranties of any kind, either express or implied. Herbalist.com is not liable for accuracy of these materials, for mistakes, errors, or omissions of any kind, nor for any loss or damage caused by a user's reliance on information obtained from this site. Always check with a trusted professional before acting on any information obtained on the Internet. 
It is not the intention of this website or its contents either to promote or criticize any herbal or Medical preparation or application, but merely to outline the potential medicinal properties of certain herbs and medicines. Always check with a doctor or a trusted healthcare professional before beginning any medical or herbal treatment.

Any information contained on any of these pages is not intended to replace medical advice or treatment. If conditions worsen or persist, consult your healthcare practitioner.

Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, posting the new or revised terms on the Website. Your continued use of the Website following such changes will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms of Service.

2.  Terms of Service
When visiting Herbalist.com and/or submitting comments to this site, you agree to the terms and conditions listed below: 
  • I am a competent person capable of reading and understanding these terms.
  • I am 18 years of age or older.  Or a supervising adult has giving me permission to use this site.
  • I take full responsibility for any electronic submission to Herbalist.com , including, but not limited to, e-mail, posts to message boards, and/or freelance submissions.
  • I will respect the views of visitors to Herbalist.com and show courtesy to others online.
  • I will not post profanity or indecent material.
  • I will not post off-topic information or use this site for personal gain, such as advertising products, businesses or other websites/homepages.
  • I will not post content I don’t own the rights to.

3. No endorsements
Herbalist does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Herbalist expressly disclaims any and all liability in connection with User Submissions. Herbalist does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Herbalist will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Herbalist reserves the right to remove Content and User Submissions without prior notice. Herbalist will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Herbalist also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Herbalist may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. 

4. User Submissions
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Herbalist to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.  You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Herbalist, you hereby grant Herbalist a worldwide, non-exclusive, royalty-free, sub license and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Herbalist Website and Herbalist's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Herbalist Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Herbalist Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the Herbalist Website.

C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Herbalist all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Herbalist or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): 

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; 

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

F. Herbalist permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, Herbalist provides an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the Herbalist website on the pages containing the Embeddable Player. Herbalist reserves the right to discontinue any aspect of the Herbalist Website at any time.

5. Privacy Policy
Herbalist.com makes respecting your privacy an utmost priority. Any and all information collected at this site is kept strictly confidential and will not be sold, reused, rented, loaned, or otherwise disclosed, unless otherwise clearly indicated at the time of gathering the information. However, in the event Herbalist.com , Inc. is sold to a successor company, then all collected information may be transferred to the acquiring/successor company, and that company may publish a new privacy policy. 

Browser information collected on the website:
Herbalist.com , Inc. analyzes our website logs to constantly improve the value of the services available to our users.  

Herbalist reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Herbalist Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. 

You irrevocably agree to grant, and actually grant HERBALIST and its designees a perpetual, worldwide, non-revocable, unlimited, transferable, assignable, sub licensable (through multiple tiers), royalty-free, non-exclusive right and license to reproduce, publish (on the Website, on any other website(s), in print, radio, television or elsewhere), display (publicly or otherwise), modify, translate, adapt, digitally transmit and otherwise use and commercialize each User Submission in any manner and context (including but not limited to usage in commercial, advertising or promotional materials), now known or in the future discovered, in HERBALIST's sole discretion, in any way, in any and all media, without limitation and without any compensation or acknowledgment to you or any third party. You further acknowledge that HERBALIST is under no obligation to post, display or otherwise use any User Submission. You further acknowledge that HERBALIST has no obligation whatsoever to pay you any royalty or other amounts on any revenues or other consideration that HERBALIST receives directly or indirectly from the use or display of your User Submission or otherwise from the exercise of HERBALIST's rights granted under these Terms of Service. You hereby agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against HERBALIST or its owners/operators, affiliates, and/or licensors, or any other person, on the grounds that any use of a User Submission, or any derivative works thereof, infringe any of your rights as creator of the User Submission, including, without limitation, trademark rights, copyrights, publicity rights, privacy rights, and or moral rights.   

6.  Disputes.
If there is any dispute about or involving the Herbalist Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Los Angeles. Either Herbalist.com or you may demand that any dispute between Herbalist.com and you about or involving the Herbalist Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Los Angeles, California, USA, provided that the foregoing shall not prevent Herbalist.com from seeking injunctive relief in a court of competent jurisdiction. YOU AND HERBALIST AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE HERBALIST WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

7.  Indemnity. 
You agree to indemnify and hold Herbalist.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Herbalist Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Herbalist Website or through the Herbalist Services causes Herbalist.com to be liable to another. 

8.  Other. 
This Agreement is accepted upon your use of the Herbalist Website or any of the Herbalist Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Herbalist.com regarding the use of the Herbalist Services. The failure of Herbalist.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Herbalist.com is a trademark of Herbalist, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

You affirm that you are over the age of 13 and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are not over the age of 13, then please do not use the Website.  

9. Copyright 
The content on the Website, including without limitation the text, software, graphics, photos, videos and the like (collectively, the "Content"), is owned by or licensed to HERBALIST, subject to copyright and other intellectual property rights under United States Copyright Act, foreign laws, and international conventions. HERBALIST reserves all rights not expressly granted in and to the Website and the Content. Other than as expressly permitted, you may not engage in the unauthorized use, copying, or distribution of any of the Content. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You may not otherwise reproduce, display, publicly perform, or distribute the Content in any way for any public or commercial purpose. 

10. Trademarks
The trademarks, service marks and logos contained on the Website or in the Content, are the intellectual property of HERBALIST, it owners/operators, affiliates, and/or licensors, and are protected by the Trademark Laws of the United States and other jurisdictions. Content is provided to you AS IS for your information and personal use only, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Nothing on the Website shall be construed as conferring any license under any HERBALIST trademark or other intellectual property rights.

You irrevocably agree to grant, and actually grant HERBALIST.COM LLC and its designees a perpetual, worldwide, non-revocable, unlimited, transferable, assignable, sublicense (through multiple tiers), royalty-free, non-exclusive right and license to reproduce, publish (on the Website, on any other website(s), in print, radio, television or elsewhere), display (publicly or otherwise), modify, translate, adapt, digitally transmit and otherwise use and commercialize each User Submission in any manner and context (including but not limited to usage in commercial, advertising or promotional materials), now known or in the future discovered, in HERBALIST's sole discretion, in any way, in any and all media, without limitation and without any compensation or acknowledgment to you or any third party. You further acknowledge that HERBALIST is under no obligation to post, display or otherwise use any User Submission. You further acknowledge that HERBALIST has no obligation whatsoever to pay you any royalty or other amounts on any revenues or other consideration that HERBALIST receives directly or indirectly from the use or display of your User Submission or otherwise from the exercise of HERBALIST's rights granted under these Terms of Service. You hereby agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against HERBALIST or its owners/operators, affiliates, and/or licensors, or any other person, on the grounds that any use of a User Submission, or any derivative works thereof, infringe any of your rights as creator of the User Submission, including, without limitation, trademark rights, copyrights, publicity rights, privacy rights, and moral rights or "droit moral."

11. Limitation of Liability 
IN NO EVENT SHALL HERBALIST.COM LLC, ITS OWNERS/OPERATORS AND AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER FOR ANY REASON ARISING FROM OR OTHERWISE IN CONNECTION WITH YOUR USE OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HERBALIST IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. 

12. Claims of Copyright Infringement 
The Digital Millennium Copyright Act of 1998 (the .DMCA.) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by HERBALIST infringe your copyright (for example, a video posted by a user), you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow HERBALIST.COM LLC to locate the material on the Website; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed by HERBALIST.COM LLC against you, the DMCA permits you to send HERBALIST.COM LLC a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Website should be sent to Adam Guild, 10880 Wilshire Blvd, Suite 1000 Los Angeles, Ca 90024 copyright@Herblist.com or faxed to 855-HERB-131. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. HERBALIST.com LLC reserves the right to terminate the account of any user that is a repeat copyright infringer. 

13. Notice for California Users
Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

14.  General 
We reserve the right to immediately terminate these Terms of Service, and/or your access to and use of the Website or any portion thereof, at any time and for any reason, with or without cause. Upon termination of these Terms of Service, your right to use the Website shall immediately cease, and you shall destroy all material and content obtained from the Website and all copies thereof, whether made under the terms of these Terms of Service or otherwise. These Terms of Service, together with the Privacy Policy at http://www.Herbalist.com/privacy.php and any other legal notices published by HERBALIST.COM LLC on the Website, shall constitute the entire agreement between you and HERBALIST.COM LLC concerning the Website. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and HERBALIST's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
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