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DISCLAIMER
Thank you for visiting the Herbal Pharmacist web site. These
Terms of Use set forth the agreement between the www.herbalpharmacist.com
web site, which is owned, operated and maintained by C &
D Foreman, Inc. a leading provider of online and off-line
information, products and services for health and natural
living, and each user governing the use of this web site.
Our web site is designed to provide a convenient, private
and informative experience for its visitors as well as a place
to purchase Herbal Pharmacist related or approved products
and services created to facilitate an active, healthy lifestyle.
The Herbal Pharmacist and our respective subsidiaries and
affiliates ("we", "us", "our")
want each visitor to our web site to have a safe, pleasurable
visit, so we have established the following terms and conditions
so that we (and you) know what to expect from each other.
Please read these terms and conditions carefully before using
our web site. By using this web site, you agree to be bound
by these Terms of Use. If you do not agree to the terms and
conditions contained in these Terms of Use, you may not access
or otherwise use this web site. We may make changes to our
web site, these terms and conditions, or the policies and
conditions that govern the use of our web site at any time.
We encourage you to review our web site and these terms periodically
for any updates or changes. Your continued access or use of
our web site shall be deemed your notification and acceptance
of these changes.
THIS SITE DOES NOT PROVIDE ANY MEDICAL
ADVICE
Information on this web site is provided for informational
purposes only and is not intended as a substitute for the
advice provided by your physician or other healthcare professional
or any information contained on or in any product label or
packaging. You should not use the information on this web
site for diagnosing or treating a health problem or disease,
or prescribing any medication or other treatment. You should
always speak with your physician or other healthcare professional
before taking any medication or nutritional, herbal or homeopathic
supplement, or adopting any treatment for a health problem.
For any products or services purchased from this web site,
you should read carefully all product packaging and instructions.
If you have or suspect that you have a medical problem, promptly
contact your health care provider. Never disregard professional
medical advice or delay in seeking professional advice because
of something you have read on this web site. Information provided
on this web site and the use of any products or services purchased
from our web site by you DOES NOT create a doctor-patient
relationship between you and any of the physicians affiliated
with our web site. Information and statements regarding dietary
supplements have not been evaluated by the Food and Drug Administration
and are not intended to diagnose, treat, cure, or prevent
any disease.
COPYRIGHT AND TRADEMARKS
"The Herbal Pharmacist, RPh" and all logos, page
headers, custom graphics and icons are trademarks and/or service
marks owned by C & D Foreman, Inc. All other trademarks,
product names, and company names and logos appearing on our
web site are the property of their respective owners.
Our web site contains information, data,
software, photographs, graphics, videos, text, images, typefaces,
sounds, and other material (collectively "Content")
that are protected by copyrights, trademarks, or other proprietary
rights, and these rights are valid and protected in all forms,
media and technologies existing now or developed in the future.
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. All rights to such Content
are reserved to their respective copyright owners. Permission
is granted to electronically copy and to print in hard copy
portions of this web site for the sole purpose of placing
an order with www.DrWeil.com.
Except as provided in the preceding sentence or as permitted
by the fair use privilege under the United States copyright
laws (see e.g. 17 U.S.C. Section 107), you may not upload,
post, reproduce, or distribute in any way Content protected
by copyright, or other proprietary right, without obtaining
permission of the owner of the copyright or other proprietary
right. Any other use of the Content on this web site, including
reproduction for purposes other than as noted above, modification,
distribution, replication, commercial or other use, without
our prior written permission, is strictly prohibited. If you
violate any of these terms, your permission to use the Content
will automatically terminate and you must immediately destroy
any copies you have of any portion of the Content.
YOUR ACCOUNT OBLIGATIONS
In order to use our web site, you agree to provide true, accurate,
current and complete information about yourself on the membership
application form and to maintain and promptly update such
account information. If you provide any untrue or inaccurate
information, or if we have reasonable grounds to suspect that
such information is untrue or inaccurate, we may suspend or
terminate your account and refuse all current and future use
by you of our web site. Account information and certain other
information about you are subject to the terms of our privacy
policy (see our privacy policy by clicking here: privacy.htm).
You will receive a password and account
designation after you have completed your membership application
form and provided the required account information. You agree
to maintain the security of your account on our web site,
including the confidentiality of your password and other account
information, and you are fully responsible for all activities
that occur under your password or account, including all charges
resulting from unauthorized use of your account. You agree
to immediately notify us of any unauthorized use of your password
or account or any other breach of security.
YOUR CONDUCT ON OUR WEB SITE
Any conduct by you on our web site that we believe, in our
sole discretion, restricts or inhibits any other user from
using or enjoying our web site will not be permitted. You
agree to use our web site only for lawful purposes. You are
prohibited from posting on or transmitting through our web
site any unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, sexually explicit, profane, hateful,
fraudulent, racially, ethnically, or otherwise objectionable
material of any kind, including, but not limited to, any material
that encourages conduct that would constitute a criminal offense,
give rise to civil liability, or otherwise violate any applicable
local, state, national, or international law.
You agree not to reproduce, duplicate, copy,
sell, resell or exploit for any commercial purposes, any portion
of our web site, use of our web site, or access to our web
site. You agree not to access our web site by any means other
than through the interface provided by us for use in accessing
our web site. You understand that the robots.txt file is the
only means by which robots are authorized to access our web
site. You agree not to violate any of the robot access policies.
You hereby acknowledge that any violation of any of our policies
may result in termination of your access to our web site,
deactivation or deletion of your account and all related information
and files in your account, and preclusion of any further access
to such files or our web site, without prior notice.
USAGE OF OUR WEB SITE BY MINORS
Due to the nature of the internet, we cannot prohibit minors
from visiting our web site. However, all purchases of goods
or services on our web site must be made by adults 18 years
of age or older, and all users who register with our web site
must be 18 years of age or older or provide parental consent
(see Privacy Policy).
DISCLAIMERS
This web site is provided for your use on an "as is,"
"as available" basis. We, along with our affiliates,
officers, directors, employees, agents, third-party content
providers, merchants, sponsors, licensors, or the like (collectively,
"associates"), do not make any representations or
warranties of any kind, express or implied, with respect to
our web site or its Content, including, without limitation,
the products, services or information offered or sold on or
through our web site or any other web site to which our web
site links and the uninterrupted or error-free use of our
web site. We expressly disclaim all such representations and
warranties, including, without limitation, all warranties
of merchantability, accuracy, timeliness, completeness, fitness
for a particular purpose and non-infringement to the fullest
extent permitted by law. We do not warrant that our web site
or files available on our web site will be free from corrupted
data, computer viruses or similar destructive or contaminating
code. No oral advice or written information provided by us
or our affiliates shall create a warranty of any kind. Your
use of this web site and any site linked to our web site is
expressly at your own risk.
All information contained on our web site,
including information relating to medical and health conditions,
products and treatments, is for informational purposes only,
and not as medical advice. Such information is often presented
in summary or aggregate form and is not meant to be a substitute
for the advice provided by your physician or other medical
professional(s) or for any information contained on or in
any product packaging or labels. You should not use the information
contained on this web site for the diagnosis of a health problem
or the prescription of medication. You should always consult
your physician and medical advisors before purchasing or using
any products, services or information available on our web
site. In addition, you should carefully read all information
provided by the manufacturers of the products or in the product
packaging and labels before using any product purchased from
our web site. Information provided on this web site and the
use of any products or services purchased from our web site
by you DOES NOT constitute a doctor-patient relationship between
you and any of the physicians affiliated with our web site.
Information and statements regarding dietary supplements have
not been evaluated by the Food and Drug Administration and
are not intended to diagnose, treat, cure or prevent any disease.
Further, we explicitly disclaim any responsibility for any
product or service or the accuracy, content, or availability
of information found on other web sites that contain links
to or from our web site. Because some web sites employ automated
search results or otherwise link you to web sites containing
information that may be deemed inappropriate or offensive,
we cannot be held responsible for the accuracy, copyright
compliance, legality, or decency of material contained in
third-party web sites, and you hereby irrevocably waive any
claim against us with respect to such web sites. Price and
availability information on our web site are subject to change
without notice.
LIMITATION OF LIABILITY
Under no circumstances shall we or any other party involved
in creating, producing, or distributing our web site be liable
for any direct, indirect, incidental, special or consequential
damages or loss of profits, good will, use, data or other
intangible losses (even if we have been advised of the possibility
of such damages) that result from (i) any delay, failure,
interruption or corruption of our web site or any data or
information transmitted in connection with the use of this
web site. (ii) personal injury or death caused by your use
or misuse of our web site, (iii) the cost of procurement of
substitute goods and services resulting from your use of any
goods, data, information or services purchased or obtained
or messages received or transactions entered into, through
or from our web site (iv) unauthorized access to or alteration
of your transmissions or data, (v) statements or conduct of
any third party on our web site, or (vi) any other matter
relating to our web site. You hereby acknowledge that this
paragraph shall apply to all content, merchandise, and services
available through our web site. Because some states do not
allow the exclusion or limitation of liability for consequential
or incidental damages, in such states, liability is limited
to the fullest extent permitted by law. Notwithstanding the
above, our sole liability for any reason to you, and your
sole and exclusive remedy for any cause or claim whatsoever,
shall be limited to the amount paid by you for any product,
information or service purchased by you from us through our
web site.
INDEMNITY
You agree to indemnify, defend, and hold harmless us, our
officers, directors, employees, agents, providers, merchants,
sponsors, licensors and affiliates from and against all claims,
actions, demands, judgments, losses, and liabilities (including,
without limitation, costs, expenses and attorneys' fees) by
you or any third-party resulting or arising, directly or indirectly,
out of Content you submit, post to or transmit through our
web site, your use of our web site, your connection to our
web site, your violation of these Terms of Use, or your violation
of any rights of another person.
PRIVACY
We respect your privacy in accordance with the terms of our
privacy policy (see our privacy policy by clicking here: privacy.html).
We reserve the right to monitor our web site and to disclose
any information recorded or posted on, submitted to, or transmitted
through our web site to the extent that we, in our sole discretion,
deem such disclosure necessary or appropriate to comply with
any law, regulation, subpoena, or government request, to operate
our web site, or to protect our rights or property or the
rights or property of our users. In addition, we are committed
to protecting the privacy of children. This web site is not
intended or designed to attract children under the age of
13 (see Usage of our Web Site by Minors above).
EXPORT
The United States export control laws regulate the export
and re-export of technology originating in the United States.
This includes the electronic transmission of information and
software to foreign countries and to certain foreign nationals.
You agree to abide by these laws and their regulations, including,
but not limited to, the Export Administration Act and the
Arms Export Control Act, and not to transfer, by electronic
transmission or otherwise, any Content derived from our web
site to either a foreign national or a foreign destination
in violation of such laws.
OUR RIGHTS
We may elect to electronically monitor areas of our web site.
We are not responsible for screening, policing, editing, or
monitoring Content on our web site. If notified of allegedly
infringing, defamatory, damaging, illegal, or offensive Content,
we may investigate the allegation and determine, in our sole
discretion, whether to remove or request the removal of such
Content from our web site. We may terminate your access, or
suspend your access to all or part of our web site, without
notice, for any conduct that we believe, in our sole discretion,
is in violation of any applicable law or is harmful to us,
our interests or the interests of another user, a third-party
provider, merchant, sponsor, licensor, or service provider.
Because customer service is paramount to our business, we
reserve the right to refuse to sell products to you if it
reasonably appears to us that you intend to resell the products.
In addition, we reserve the right to limit quantities of items
purchased by each customer.
APPLICABLE LAW; JURISDICTION AND
VENUE
We control our web site from our offices within the United
States. We make no representation that the Content on our
web site is appropriate, legal or available for use in other
locations. Those who choose to access our web site from other
locations do so on their own initiative and are responsible
for compliance with applicable local laws. You may not use
or export the Content in violation of United States export
laws and regulations. Any claim relating to our web site,
the services provided through our web site or the Content
shall be governed by the internal laws of the state of Arizona,
without reference to its choice of law provisions. If there
is a dispute between you and us, you expressly agree that
exclusive jurisdiction and venue reside in the state and federal
courts located in Phoenix, Arizona.
TERMINATION
These terms are effective until terminated by either party.
If you no longer agree to be bound by these Terms of Use,
you must cease your use of our web site. Subject to applicable
law, we reserve the right to suspend or deny, in our sole
discretion, your access to all or any portion of our web site
with or without notice. You agree that any termination of
your access to our web site may be effected without prior
notice, and acknowledge and agree that we may immediately
deactivate or delete your account and all related information
and files in your account and bar any further access to such
files or our web site. Further, you agree that we shall not
be liable to you or any third-party for any termination of
your access to our web site.
FUNDING
All funding and support for this web site is provided by Polaris
Health, L.L.C, a private commercial business.
ADVERTISING POLICY
At this time, we do not display, or plan to display, any advertisements
on our web site. If we do so in the future, we will clearly
identify those items which are advertisements separately from
those items which contain editorial content.
GENERAL INFORMATION
These Terms of Use constitute the entire agreement between
you and us and govern the use of our web site. You also may
be subject to additional terms and conditions that may apply
when you use affiliate services, third-party content or third-party
software. Our failure to exercise or enforce any right or
provision of these Terms of Use shall not constitute a waiver
of such right or provision. If any provision of these Terms
of Use is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected
in the provision, and the other provisions of these Terms
of Use remain in full force and effect. You agree that regardless
of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of our web site
or these Terms of Use must be filed within one year after
such claim or cause of action arose or be forever barred.
The section titles in the Terms of Use are for convenience
only and have no legal or contractual effect.
COPYRIGHT COMPLAINTS
We respect the intellectual property of others, and we ask
our users to do the same. If you believe that your work has
been copied and is accessible on our web site in a way that
constitutes copyright infringement, you may notify us by providing
our copyright agent the following information:
- An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim
has been infringed, including the URL (i.e., web page address)
of the location where the copyrighted work exists or a copy
of the copyrighted work;
- Identification of the URL or other specific location
on our web site where the material that you claim is infringing
your copyright interest is located;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright
owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that
the above information in your notice is accurate and that
you are the copyright owner or authorized to act on the
copyright owner's behalf.
Our agent for notice of claims of copyright
infringement on our web site can be reached as follows:
By mail:
4722 Bardsdale Drive
Palm Harbor, FL 34685
By email:
info@herbalphamacist.com
COPYRIGHT NOTICE Copyright © 2007 C&D
Foreman Inc., doing business as www.herbalpharmacist.com.
All rights reserved. Any rights not expressly granted herein
are reserved.
These terms of service were last updated
September 9, 2007.
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