The Apothe-Carry @ The Herban Alchemist

Terms Of Use

Terms Of Use

THA AND YOU

The Herban Alchemist, Inc. (THA), a New York Corporation, owns and operates this website (“the Site”). THA offers the Site and its information, tools, material, and services conditioned on your acceptance of these Terms of Use (“Terms”). By visiting, purchasing from, or otherwise using the Site, you acknowledge you have read and agree to the Terms as well as to all other provisions, conditions, policies, and notices on or referenced on the site, directly or by hyperlink. These Terms apply to all users of the Site, including without limitation browsers, vendors, customers, merchants, and contributors. Without limitation, the provisions of the Site Privacy Policy and the Returns Policy [link] are part of these Terms and are binding on you. Provided you comply with the Terms, until THA indicates otherwise, THA grants you a non-exclusive, non-transferable, non-sublicensable, limited right to access and use the Site. At any time, for any reason, and without advanced notice, THA is entitled to (a) refuse, restrict, suspend, or terminate your access to the Site and to (b) modify or discontinue the Site or any part of it.

CHANGES TO THE TERMS

THA may revise the Terms on occasion for various purposes, including without limitation to comply with changes in the law, to accommodate industry trends and standards, to alter Site collection and use methods, and to update Site features and technology. It is your duty to revisit the Terms from time to time to stay current. If you continue to use the Site following any changes to the Terms, you shall be deemed to have accepted the changes. Your only remedy with respect to any dissatisfaction with any change is to cease using the Site. THA may require you affirmatively accept the Terms and changes to them to continue using the Site.

YOUR CONSENT TO USE THE SITE

You represent and warrant that you are at least thirteen years of age. If you are under 13 years of age, you are not permitted to use the Site. To use the Site Store (“the Store”) or otherwise acquire products or services offered on the Site, for sale or free (all such services and products being hereafter collectively called “Products”), you must be at least the age of majority in your governing locale. THA is entitled to require you to verify your age. You acknowledge you receive consideration for your agreement to the Terms, including but not limited to the material, features, and services of the Site.

THA DOES NOT PROVIDE MEDICAL ADVICE

The Site text, works, prose, graphics, images, hyperlinks, licensor information, data, and all other material (the "Content") are for informational purposes only. The Content and the Products have not been evaluated by the FDA or any other governmental authority. You shall not use the Content or Products for diagnosis, analysis, treatment, cure, or prevention of any condition or as a substitute for professional medical advice. Seek the advice of a qualified health provider to answer any questions you may regarding a medical, mental, physical, or other condition. Do not disregard professional medical advice or delay seeking medical advice for any reason, including due to any material you have read on Site or on any other website.

THA IS NOT LIABLE TO YOU

YOU USE THIS SITE AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING OR OTHER USE OF FILES, INFORMATION, COMMUNICATIONS, SOFTWARE, OR OTHER MATERIAL YOU ACCESS THROUGH THIS SITE. THA does not guarantee, represent, or warrant that your use of the Site will be uninterrupted, timely, secure, or error-free. THA shall have no liability for the delay, failure, interruption, or corruption of any information transmitted in connection with the Site. THA is not responsible if Content is not accurate, complete, or current, and THA does not warrant that results you may obtain from use of the Site will be accurate or reliable. THA provides the Content only as general information, and you should not rely on or use it to make decisions without consulting primary, more accurate, more complete, or more timely sources of information. The Site may contain historical information, which is necessarily not current and provided for your reference only. While THA reserves the right to modify the Content, THA has no duty to retain or update any Content.

INTELLECTUAL PROPERTY

Copyright and trademark laws, international conventions, and other applicable governing authorities protect the Site and the Content. You shall not use any THA trademarks, service marks, names, logos, or other identifiers, and you shall not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site or the Content

SUBMISSIONS BY YOU

Any creative ideas, suggestions, proposals, plans, or other materials you provide THA (whether at THA’s request or otherwise and whether online, by email, by postal mail, or otherwise) are collectively called “Submissions”. THA may at any time, without restriction, edit, copy, publish, distribute, translate and use your Submissions in any medium. THA has no obligation to (1) maintain any Submission in confidence; (2) compensate you for any Submission; or (3) respond to any Submission. You understand that your Submissions may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You are solely responsible for any Submissions you make and their accuracy. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead THA or third-parties as to the origin of any Submission.

RECOVERY LIMITATIONS and DISCLAIMERS OF WARRANTIES

THA PROVIDES THE SITE AND THE CONTENT ON AN "AS IS" BASIS. IN NO EVENT SHALL THA OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, LICENSEES, REPRESENTATIVES, ATTORNEYS, SERVANTS, DISTRIBUTORS, ASSIGNEES, MANAGERS, MEMBERS, OR DESIGNEES (collectively, including THA, called the “THA Parties”) BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGES OF ANY NATURE (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHICH INCLUDE WITHOUT LIMITATION LOST PROFITS, MULTIPLES OF PROFITS, LOST DATA, BUSINESS INTERRUPTION, REPLACEMENT COSTS, AND DIMINUTION OF VALUE) ARISING OUT OF OR RELATING TO THE SITE, EVEN IF ANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND REGARDLESS OF WHETHER SUCH CLAIM IS BASED IN WARRANTY, STATUTE, CONTRACT, TORT, OR OTHERWISE. AS TO THE SITE, ITS CONTENT, AND THE PRODUCTS, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF THE THA PARTIES DISCLAIM ALL EXPRESS, IMPLIED, OR INFERRED WARRANTIES, VERBAL OR WRITTEN, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLE QUALITY, PERFORMANCE, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. YOUR RECOVERY OF DAMAGES UNDER ANY CLAIM IS LIMITED TO THE LESSER OF U.S. $100.00 OR THE AMOUNT YOU PAID THA FOR PRODUCTS RELATED TO YOUR CLAIM. THIS IS YOUR SOLE REMEDY FOR ANY CLAIM ARISING IN CONNECTION WITH YOUR USE OF THE SITE, ITS CONTENT, OR ITS PRODUCTS. IF A COMPETENT AUTHORITY DEEMS ANY WAIVER OF WARRANTY HEREIN UNWAIVABLE AS A MATTER OF LAW, THIS PROVISION SHALL BE CONSTRUED TO LIMIT TO $100.00 ANY ACTUAL DAMAGES YOU INCUR UNDER SUCH UNWAIVED WARRANTY OR CLAIM. None of the THA Parties will be liable to you for any damages resulting from (a) your use of, misuse of, or inability to use or access the Site or the Content; (b) any errors or omissions in the Content, the Site, or material made available thereby; or (c) any interruption or termination of your access to the Site. None of the THA Parties makes any representations or warranties about the accuracy, reliability, completeness, compliance with applicable government regulations, or timeliness of the Content or other material THA may provide you.

OPTIONAL TOOLS AND THIRD PARTY LINKS

Third-party links and pointers on the Site may direct you to third-party websites or tools that THA does not control, monitor, or contribute to (hereafter collectively called “Third Party Material”). THA references Third Party Material “as is” and “as available” without any warranties, guarantees, representations, or conditions of any kind and without any endorsement. THA is not responsible for the availability, accuracy, or currency of Third Party Material or any information, resources, goods, or services accessible thereon or therefrom. THA is not liable for any harm or damages related to your use or purchase of goods, services, resources, or other transactions you make in connection with Third Party Material. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. You should direct complaints, claims, concerns, or questions regarding Third Party Material and their goods and services to that party.

PROHIBITIONS

THA prohibits you from using the Site, the Content, or any Product: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any statute, regulation, rules, law, or ordinance; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that may be used in any way to affect the functionality or operation of the Site, any other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet.

YOU INDEMNIFY US

You agree to defend, indemnify, and hold harmless each of the THA Parties from and against any claims, costs, actions, demands, liabilities, and settlements (including without limitation reasonable legal and accounting fees) resulting from, alleged to result from, arising out of, or related to your violation of the Terms, any law, or the rights of a third-party. You shall cooperate in the defense of any such claim. THA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not settle any matter without the written consent of THA.

THE STORE

Shopify, Inc. hosts the Store and provides THA with the online e-commerce platform that allows THA to sell Products. Product prices are subject to change without notice. THA is not liable to you or to any third-party for any modification, price change, suspension or discontinuance of product. Certain Products may be available exclusively through the Site and may have limited quantities subject to return or exchange only according to our Return Policy. When used, THA makes reasonable efforts to accurately display images of Products. All Product descriptions and pricing are subject to change at any time without notice. THA is entitled to at any time (a) limit the sale of Products to any person, geographic region, or jurisdiction, including on a case-by-case basis; (b) limit or prohibit orders that, in THA’s sole judgment, appear to be placed by dealers, resellers, or distributors; and (c) limit the quantities of or discontinue any Product. Any offer of a Product is void where prohibited. THA does not warrant that the quality of any Products will meet your expectations or that any errors in the Products will be corrected. Our Privacy Policy  and Returns Policy govern your use of the Store, including your submission of personal information.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

You shall provide current, complete, and accurate purchase, account, credit card, and contact information for Store purchases. THA reserves the right to refuse any order and to limit or cancel quantities purchased per person, per household, per order, per customer account, per credit card, per billing address or per shipping address. If THA changes or cancels an order, THA may attempt to notify you by contacting the e-mail, billing address, or phone number you provided when you placed the order.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally the Site may contain typographical errors, inaccuracies, or omissions (collectively “mistakes”) relating to Product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. THA reserves the right to change or update such information, to correct any mistakes, and to cancel any orders based on such mistakes. THA has no obligation to update, amend, or clarify information in the Site, including pricing information, except as required by law. You should not take any specified update or refresh date on the Site to indicate that all information on the Site has been modified or updated.

IN THE EVENT OF A DISPUTE

New York law shall govern the Terms, their interpretation, and their validity, regardless of its or any other jurisdiction’s conflict of laws principles. The U.N. Convention on Contracts for the International Sale of Goods shall not govern the Terms, its application being hereby expressly excluded. As to any claim regarding or related to your use of the Site or involving THA or its employees, officers, owners, or directors, jurisdiction and venue shall vest exclusively with the courts serving New York County in the State of New York. You expressly consent to the exercise of personal jurisdiction and venue of these courts in connection with any such claims. You must bring any legal action against THA within one (1) year after the incident establishing a right to such claim occurs. In any such action, the prevailing party shall be entitled to recover its legal expenses, including but not limited to its costs, both taxable and non-taxable, and reasonable attorneys’ fees.

LEGAL MATTERS

THA is based in New York County, New York. THA make no claims the Site or its Content is appropriate outside New York. Access to the Site may be unlawful in certain locations or by certain persons. By using the Site, you accept sole liability for ensuring your use of the Site and its Content complies with the laws and other requirements of your jurisdiction and its governing bodies. If any provision hereof is deemed unenforceable by any competent authority, such provision shall be deemed excised and the remaining terms of this agreement shall enforced as though the offending portion had not been contained herein. Any THA failure to enforce any provision of the Terms shall not be deemed a waiver of any right. The Terms constitute the entire agreement between you and THA with respect to use of the Site and the Content, and your obligations and liabilities shall survive the termination of the Site. THA will cooperate with law enforcement officials as it deems appropriate.

CONTACT INFORMATION Questions about these Terms should be sent to THA at info@theherbanalchemist.com.