Eligibility to Use the Website
The Website is open to use to those who are age eighteen or above. By using the Website, you warrant that you are age eighteen (18) or above, are of sound mind, and have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Website on behalf of a business entity or other third party, you warrant that you express actual authority to act as an agent of that business entity and third party and, as a component of that agency, have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity. You further warrant that you are not prohibited from entering into this Agreement by the terms of any pre existing agreement.
Acceptable Use of the Website
When you use the Website, you agree to use it only for its customary and intended purposes and as permitted by the terms of this Agreement and any applicable law, regulation, statute, or ordinance. Additionally, you agree that you are responsible for any breach of your obligations under the terms of this Agreement and for any losses suffered by Herbal Blessings for such a breach, including, but not limited to, monetary damages, costs, and attorneys' fees. You are expressly prohibited from using the Website to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international, or to violate the rights of a third party, including, but not limited to, intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights. Additionally, you are expressly prohibited from:
Attempting to access the Website other than through a standard web browser unless you have been permitted to do so by Herbal Blessings through a separate, written agreement;
Accessing or attempting to access the Website through automated means;
Herbal Blessings reserves the right to modify, amend, or terminate the Website or its associated content at any time and without prior notice. Herbal Blessings also reserves the right to refuse service or access to the Website to any person or business entity at any time and without notice.
Limited License to Use the Website
You acknowledge and agree that the Website is the property of or is licensed by Herbal Blessings and is protected under United States and international law, including, but not limited to, intellectual property laws and other personal and proprietary rights. You acknowledge and agree that your use of the Website is limited by the license granted under the terms of this Agreement, and you expressly agree that you will not use the Website in any manner not expressly authorized under the terms of this Agreement. Herbal Blessings reserves all rights not expressly granted through this Agreement.
Herbal Blessings provides you with a limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty free license to use the Website for its customary and intended purposes. You are expressly prohibited from reproducing, preparing derivative works of, distributing copies of, publicly performing, and publicly displaying the Website.
Idea Submission Policy
Herbal Blessings may provide you with the ability to submit ideas to Herbal Blessings through the Website. If you submit ideas to Herbal Blessings, you agree that any ideas that you submit to Herbal Blessings will automatically become the property of Herbal Blessings and that you will not be compensated for the submission, use, or implementation of the idea that you submitted to Herbal Blessings. You understand and agree that Herbal Blessings may use or redistribute any ideas that you submit to Herbal Blessings for any purpose and in any way and that Herbal Blessings has no obligation to keep any ideas submitted to Herbal Blessings confidential.
Herbal Blessings may provide you with the ability to register a user account ("User Account"), which may provide access to additional areas of the Website, including, but not limited to, those areas or functions of the Website that are only open to wholesale accounts. Your User Account is protected by a username and password. You recognize that you are solely responsible for maintaining the security and confidentiality of your username and password and that you are responsible for any unauthorized access to your User Account. In the event your User Account is accessed without your authorization, you agree to notify Herbal Blessings immediately. Herbal Blessings reserves the right to restrict access to, suspend, disable, or delete your User Account at any time, in its sole discretion, and without prior warning. By creating a User Account, Herbal Blessings may contact you by any available means, including, but not limited to, by email.
Ordering and Website Policies
You understand and agree that the Website and your User Account may be subject to additional terms or policies, including, but not limited to, Herbal Blessings' Wholesale Policies and Shipping Policies. Herbal Blessings reserves the right to discontinue, modify, amend, or replace these policies at any time, without prior notice, and in its sole and absolute discretion. Your continued use of the Website after a change in any such policies constitutes your agreement with and manifestation of assent to any such changes.
Each order submitted to Herbal Blessings through the Website is an offer to Herbal Blessings to buy the product(s) listed in the order. When you place an order to purchase a product through the Website, Herbal Blessings will send you an email confirming receipt of your order. Your receipt of this email confirms that you have placed an order, and you understand and agree that this email does not constitute Herbal Blessings' acceptance of your order. No order will have been deemed to have been accepted by Herbal Blessings until the product(s) contained within the order is shipped by Herbal Blessings to you.
Payment for all orders placed through the Website must be made at the time of ordering. You agree that you will pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website or purchase of goods through the Website. All costs and fees are quoted and payable in United States Dollars and you acknowledge and agree that Herbal Blessings is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or by Herbal Blessings' payment processor. You agree that you will not initiate any chargebacks to Herbal Blessings unless otherwise authorized by Herbal Blessings in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against Herbal Blessings.
Product Pricing and Availability
Though Herbal Blessings makes reasonable attempts to ensure that the products listed on the Website are in stock and that the prices for all products are accurate, from time to time Herbal Blessings' Website may contain incorrect prices or incorrectly reflect the amount of stock of a particular product. If Herbal Blessings identifies that a price reflected on the Website is incorrect or a product listed on the Website is out of stock, please contact Herbal Blessings and Herbal Blessings will contact you in a reasonable time frame to advise you of the issue.
You understand and agree that the Website, including, but not limited to, its source code, data, selection and arrangement, executable code, structure, and organization, contains the valuable trade secrets and intellectual property of Herbal Blessings. Under the terms of this Agreement, you do not acquire any ownership rights to the Website or the data or content contained therein. You acquire only a limited license to use the Website subject to the terms of this Agreement. All other rights are reserved by Herbal Blessings.
You acknowledge and agree that any and all trademarks, trade names, design marks, or logos displayed on or through the Website by Herbal Blessings, including, but not limited to, HERBAL BLESSINGS, HERBAL POPP, MR. BUTTERS, EJ'S LEMONAYDE are common law or registered trademarks owned by or licensed to Herbal Blessings. You are expressly prohibited from using the trademarks of Herbal Blessings to cause confusion in, to cause mistake in, or to deceive consumers, or from falsely designating the origin of, the source of, or the sponsorship of your goods or services. You are further prohibited from using the trademarks of Herbal Blessings in domain names, in keyword advertisements, to trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are the property of their respective owners.
You agree that You will pay all taxes assessed by governmental bodies, whether local, state, provincial, national, or international, associated with your use of the Website. Herbal Blessings will report as income all payments received from you to Herbal Blessings to all proper taxing authorities.