By using TheHerbCritic.com, you are agreeing to the following:
By using TheHerbCritic.com, you are agreeing to the following:
The following Terms of Service/Terms and Conditions shall apply to the relationship between www.TheHerbCritic.com (“THC.” ) all parent companies and subsidiaries of THC and the member (“member” or “you”). Participation constitutes member’s full and unconditional agreement to be bound by these Terms and Conditions and THC's decisions, which are final and binding in all matters related to the operation of this site. You should review these Terms and Conditions for changes each time you visit THC.
THC provides website features, content and e-commerce services, to you, subject to the following conditions. Please read them carefully. The following Terms and Conditions shall apply exclusively to the business relationship between THC and our members in the version applicable on the date of use. THC does not recognize any terms and conditions set by the member that differ from these unless THC has agreed to their validity in writing.
Any special promotions presented by or on behalf of THC shall only be valid if they are announced on THC’s website, by newsletter, official THC email, radio, and or television. Any promotions of a limited duration shall likewise be announced on the website, newsletter, official THC email, radio, and or television. Upon expiration of the time limit stated, or after the auction(s) that are part of the particular promotion has/have ended, the promotion is ended.
Commentary and other materials posted on the THC website are not intended to amount to advice on which reliance should be placed. THC disclaims to the fullest extent permitted by law all liability and responsibility arising from any reliance placed on such materials by any visitors to the THC website or by anyone who may be informed of any of its contents. You agree that all agreements, notices, disclosures and other communications that THC provides to you electronically satisfy any legal requirement that such communications be made in writing.
2. Eligibility to Participate
By signing up for an account or by placing an order through the THC site the member warrants and affirms that the member is legal resident of the United States, is legally capable of entering into binding contracts and is at least 18 years old. THC or any of its respective affiliates, subsidiaries, partners, advertising agencies, participating or any other company involved with the design, production, execution or distribution of the THC’s products or services and their immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible to participate in THC’s promotions. If THC receives information that member is in breach of these Terms and Conditions as evaluated in THC's sole discretion, the member’s account may be frozen or permanently closed without prior notice. If you choose to create an account on THC you are responsible for maintaining the confidentiality of your account and password and for further restricting access to your computer and/or any computers storing such information, and you agree to accept responsibility for all activities that occur under your account and/or password. Member accounts created during registration are non-transferable.
Some of THC products and services are offered exclusively to private members and not to entities engaged in any form of commerce, unless agreed to, in writing, prior to transaction. You affirm that you are not part of or representative of such prohibited entities if making use of these services.
Multiple participants are not permitted to share the same email address or member accounts. Any attempt by any participant to obtain more than one member account by using multiple/different email addresses, identities, registrations and logins, or any other methods will void. THC limits the number of member accounts per natural person and/or per household to one. Use of any non-authorized automated system to participate is prohibited and will result in disqualification. Members who are not eligible are subject to immediate closure of all their account without warning and without refund of any kind.
During the registration process you must choose a username. The username must not be offensive, selected to deceive other members, may not convey the appearance of affiliation with THC, may not offend common decency or infringe upon the rights of third parties. THC reserves the right to amend any username without prior notice if it is reasonably believed to be in contravention of these aforementioned.
THC reserves the right to suspend or permanently disqualify any member, at its sole discretion. Members will be suspended or disqualified when in the reasonable opinion of THC the member has violated any laws or these Terms and Conditions or the rights of third parties. Members may also be suspended or disqualified to protect the rights of other members and/or to prevent manipulation or fraudulent use of THC. THC reserves the right in its absolute discretion to not accept members or to disqualify members from using all THC services.
Contracts with parties who are not consumers are treated by THC as international supply agreements and, therefore such parties do not have rights to cancel concluded contracts (unless agreed to in writing by THC or required by law):
Insofar as nothing to the contrary has been stipulated, delivery will be made to the non-post office box address provided by the member. Deliveries are made solely within the Greater Phoenix, AZ area. THC shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the member. Obvious damage to the item from transport or packaging damaged during transport is to be reported to the supplier upon taking delivery.
Should THC not be able to deliver the item ordered, and this is not the fault of THC due to the fact that the supplier has not satisfied its contractual obligations to THC or does not do so in a timely manner, THC shall be entitled to declare rescission to the member or to substitute the item with a comparable replacement product with the same or better features. In such an instance, THC will contact the customer and offer the choice of the new product or a full refund for all charges and bids associated with the transaction.
4. Pricing & Typographical Errors/Product Descriptions/Intellectual Property
Except where noted otherwise, the pricing displayed for products on our website represent the full retail price of the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere.
In certain rare cases, it may occur that THC personnel make typographical errors while entering pricing information. Although THC strives to ensure the accuracy of all its pricing information, THC reserves the right to correct placed orders for mispriced items at any time up to time of shipment. If order prices require correction that will result in a net increase in the order total, THC will contact the customer and offer the choice of the corrected price or a full refund for all charges associated with the transaction.
THC strives to ensure the accuracy of all content and listings on its website. However, THC does not warrant that product descriptions or other content of this website are accurate, complete, reliable, current or error-free. If a product offered by THC is not as described, your sole remedy is to return it in an unused condition under the terms for damaged and defective items as stated in these Terms and Conditions.
All content included on this site including but not limited to text, graphics, logos, icons, and images are the property of THC or its content suppliers and are protected by U.S. and international trademark, copyright, and other intellectual property laws. Both individual instances of content and compilations thereof are the exclusive property of THC and are protected by U.S. and international copyright laws. All software used in the operation of www.TheHerbCritic.com is the property of THC or its software vendors and is protected by U.S. and international laws.
The Herb Critic TM and other THC graphics, logos, page headers, icons, scripts and service names are trademarks, registered trademarks or trade dress of THC in the U.S. THC’s trademarks and trade dress may not be used in connection with any product or service that is not THC’s, in any manner that is likely to cause confusion among potential or current customers, or in any manner that disparages or discredits THC All other trademarks not owned by THC that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by THC.
THC grants the member a limited license to access and make personal use of this site. Permission is granted to download pages and content provided by THC only for personal display purposes and page caching, and not for any other purpose, except with the express written consent of THC This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This site and/or any portion thereof may not be reproduced, copied, duplicated, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of THC. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information including images, text, page layout or form of THC without express written consent. You may not use any meta tags or any other “hidden” content utilizing THC’s name or trademark without the express written consent of THC.
You are granted a limited, revocable and non-exclusive right to create a hyperlink to the homepage, product pages, client pages and help pages of THC so long as the link does not portray THC, or its products or services, in a false, misleading derogatory or otherwise offensive matter. You may not use any THC logo or proprietary graphic or trademark as part of the link without express written permission.
Any unauthorized use terminates the permission or license granted by The Herb Critic.
5. Limits on Liability
MEMBER EXPRESSLY AGREES THAT USE OF WWW.THEHERBCRITIC.COM IS AT MEMBER’S SOLE RISK. NEITHER THC, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THC WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THC, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THC.
THC IS PROVIDED ON AN “AS IS” BASIS; TO THE MAXIMUM EXTENT PERMITTED BY LAW, THC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, THC DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. MEMBER SPECIFICALLY ACKNOWLEDGES THAT THC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH MEMBER.
IN NO EVENT WILL THC, OR ANY PERSON OR ENTITY INVOLVED IN USE OF A THC AUCTION, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, AND CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE. THC MEMBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON TEMPORALPRODUCTIONS.COM. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
THC is not responsible for: (1) any incorrect or inaccurate information, whether caused by members, printing or typographical errors by any person or programming associated with or utilized by THC; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the website; or (4) technical or human error which may occur in the administration of the website.
IN ADDITION TO THE TERMS AND CONDITIONS SET FORTH ABOVE NEITHER, THC, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INACCURACY OF, THE INFORMATION CONTAINED THC, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE MEMBER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, THC, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE IS NO WARRANTY AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
All software installed on THC systems is for Educational purposes ONLY. Member has no permission to download, modify, update, or copy ANY of the provided software. Members are responsible for backing up and protecting their work product. THC is not responsible for any loss of members’ work product or data. Additionally, members Rental\Sales\Trade Agreements contain additional Terms and Conditions.
6. Applicable Law / Severability Clause/Dispute Resolution
By visiting THC, you agree that the laws of the state of Arizona 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 THC. Any legal action or proceeding related to this website or the operations of THC shall be brought exclusively in a federal or state court sitting in Maricopa County, AZ.
These Terms and Conditions constitute the entire agreement between the member and THC with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
DISPUTE RESOLUTION BY BINDING ARBITRATION:
Please read this carefully. It affects your rights.
Summary: In the unlikely event that THC's customer service department is unable to resolve a complaint you may have to your satisfaction (or if THC has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
(1) THC and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
Claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
Claims that may arise after the termination of this Agreement.
References to "THC," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized members or beneficiaries of Services under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into this Agreement, you and THC are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
(2) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to THC should be addressed to:
The Herb Critic 591 E. Plaza Circle #502 Litchfield Park, AZ 85340 ("Notice Address").
The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If THC and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or THC may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by THC or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or THC is entitled.
(3)The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
(4) The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceedings and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
(5) The right to attorneys' fees and expenses discussed in paragraph (4) above supplements any right to attorneys' fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorneys' fees or costs. Under some laws THC may have a right to an award of attorneys' fees and expenses if it prevails in an arbitration, THC agrees that it will always seek such an award.
(6) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND THC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and THC agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
(7) Notwithstanding any provision in this Agreement to the contrary, we agree that if THC makes any future change to this arbitration provision (other than a change to the Notice Address) during your use of the Site, you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any such change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision
7. System Outage
With the current state of the art, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) completely without errors, or to rule out any unpredictable events in connection with the Internet as a medium (hereinafter referred to in brief collectively as “technical faults”). www.TheHerbCritic.com, therefore, provides no guarantee for the constant and uninterrupted availability of its website and technical systems. In addition but not subject to the provisions of clause number 11, THC shall not be liable for any damage whatsoever incurred by members or third parties from using THC’s services.
8. External Links
Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. Despite conducting careful checks, we assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We hereby expressly distance ourselves from all content of any and all websites linked to the THC website. We cannot take any responsibility for the content of the data protection guidelines of third-party websites
THC has the right to revise and amend these Terms and Conditions from time to time in its absolute discretion but for reasons including but not limited to changes in market conditions affecting THC’s business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in THC’s system’s capabilities. All members will be subject to the policies and Terms and Conditions in force at the time that they have successfully bid for items listed on the THC website, unless any change to such policies or Terms and Conditions is required to be made by law or governmental authority or THC notifies its members of the changes to such policies or Terms and Conditions before THC sends information relating to dispatch (in which case THC has the right to assume that all successful winners have accepted the changes to the Terms and Conditions).