Terms of Use
This website is owned and operated by The Herban Alchemist, Inc.
By using this website, you acknowledge that you have read and agree to these Terms of Use. You acknowledge receipt of consideration, including but not limited to your use and enjoyment of our website, the content, material, features, and services which appear on the website.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE OR ACCESS THIS WEBSITE.
The Website Does Not Provide Medical Advice.
The contents of theherbanalchemist.com website (the "Website"), including, but not limited to, text, graphics, images, information obtained from Herban Alchemist 's licensors, and other material contained on the Website ("Website Content") are for informational purposes only. The Website Content is not intended to be, or a substitute for, professional medical advice, diagnosis of any condition, or any single or course of treatment.
Please seek the advice of your physician or other qualified health provider to answer any questions you may have regarding a medical condition. Do not disregard professional medical advice or delay in seeking medical advice for any reason, including, but not limited to, any material you have read on the Website or any other website.
Liability of Herban Alchemist and Its Licensors
The use of the Website and the Website Content is at your own risk. The Herban Alchemist assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website.
THE WEBSITE AND THE WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. THE HERBAN ALCHEMIST, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
Without limiting the foregoing, The Herban Alchemist itself on behalf of its licensors, and its suppliers make no representations or warranties about the accuracy, reliability, completeness, compliance with applicable government regulations, or timeliness of the Website Content, software, text, graphics, links, or communications provided on or through the use of the Website or The Herban Alchemist.
In no event shall The Herban Alchemist, its licensors, its suppliers, or any third parties mentioned on the Website be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Website or the Website Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not The Herban Alchemist, its licensors, its suppliers, or any third parties mentioned on the Website are advised of the possibility of such damages. The Herban Alchemist, its licensors, its suppliers, or any third parties mentioned on the Website shall be liable only to the extent of actual damages incurred by you, not to exceed the lesser of U.S. $100.00 or the amount that you have paid for product or services purchased from The Herban Alchemist, Inc. The Herban Alchemist, its licensors, its suppliers, or any third parties mentioned on the Website are not liable for any personal injury, including death, caused by your use or misuse of the Website or Website Content. Any claims arising in connection with your use of the Website or any Website Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.
Intellectual Property
All Website Content and other material, including, but not limited to, all computer codes and metadata, utilized on or for the Website are owned by The Herban Alchemist or its licensors and may not be copied without first obtaining the prior written consent of The Herban Alchemist, or the applicable licensor, as appropriate. All trademarks utilized on the Website are the property of The Herban Alchemist, or its licensors and may not be used copied without first obtaining the prior written consent of The Herban Alchemist or the applicable licensor, as appropriate.
Indemnity
You agree to defend, indemnify, and hold The Herban Alchemist, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.
Other Information
The principal office of the Herban Alchemist is in New York, New York, in the United States of America. The Herban Alchemist makes no claims that the Website or any of the Website Content are appropriate outside of the United States. Access to the Website Content may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, Intellectual Property, Indemnity, Jurisdiction, and Complete Agreement.
Jurisdiction and Venue
You agree that exclusive jurisdiction for any dispute with The Herban Alchemist, or in any way relating to your use of the Website, resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York, New York County in connection with any such dispute including any claim involving The Herban Alchemist or its affiliates, subsidiaries, employees, contractors, officers, directors, and service providers.
These Terms of Use are governed by the internal substantive laws of the State of New York, without respect to its or any other jurisdiction's conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Complete Agreement
These Terms of Use and the Privacy Policy constitute the entire agreement between you and The Herban Alchemist with respect to the use of the Website, and Website Content.
Privacy Policy
YOUR USE OF THIS WEBSITE SIGNIFIES YOUR AGREEMENT TO THIS PRIVACY POLICY WHICH HAS BEEN INCORPORATED INTO OUR TERMS OF USE. Please continue reading to find out about Our Privacy Policy.
Our Privacy Promise
At apothe-carry.net, We realize the importance of feeling safe online and are fully committed to ensuring that Your privacy is respected and protected. Our Privacy Policy below outlines the type of information We collect and receive from You while You are on the theherbanalchimist.com Website, as well as ways in which We process and, sometimes, share such information and how You can correct or change such information. The information We collect is used to improve the overall consumer experience with apothe-carry.net, the content of Our Website and may be used to notify members about updates to Our product or service offerings or Website or to contact members for other marketing purposes.
What is Personally Identifiable Information?
Personally Identifiable Information is any information that can be used to identify a specific individual such as Your name, Your email address, Your home address, and Your phone number. We ask You to provide Personally Identifiable Information to register as a member or if you make a purchase from Us. You can visit the Website without registering as a member although You will not be able to access the full functionality of the Website if You do not register as a member.
Personally Identifiable Information is Collected During Member Registration or as Part of a Purchase Transaction
In order to use many of the Website's features, tools and services, We ask You to register to become a member. During this member registration process or to purchase products or services, We will ask You for certain Personally Identifiable Information. In addition, You could voluntarily share your Personally Identifiable Information with Us in other ways such as through an e-mail which contains Personally Identifiable Information or by contacting us via telephone.
How We Use Information We Collect
We use the information You provide to Us for several purposes, such as to communicate with You and to give You a better experience when visiting the Website by personalizing tools, content, services and e-mail messages and recognizing You when You return to the Website, as well as to deliver the products and services you purchase from the Website. We also use this information to build new services that We believe are more relevant and valuable to You. The information We collect is also used to create aggregated demographic information which does not include any personally identifiable information; no individual can be identified through analyzing this aggregated demographic information. This aggregated information is used, among other things, to determine trends and needs. Additionally, Our third party providers such as credit card processors and shippers have access to those parts of your Personally Identifiable Information that are needed for them to provide Us with the services that We have contracted for or asked them to provide to You.
We Do Not Control Information Collected at Other Sites
This site may contain links to other websites which provide information about issues, products or services of potential interest to Our visitors and members. Each of these websites has its own privacy policy governing the collection, use and distribution of information, which may be different than apothe-carry.net's privacy policy. Accordingly, We assume no responsibility for information collected, used or distributed by other entities that maintain websites linked to or with this Website. Additionally, We do not share Your personally identifiable information with other websites.
SPECIFIC POLICIES
We may transfer Your Personally Identifiable Information in connection with a fundamental business change such as a merger, consolidation, or the sale of substantially all of Our assets.
WE DO NOT SELL YOUR PERSONALLY IDENTIFIABLE INFORMATION.
OPT-OUT INSTRUCTIONS
If You do not want to receive e-mail from Us in the future, please let Us know by sending an e-mail to Us at opt-out@apothe-carry.net telling Us that You do not want to receive e-mail from Us. In order to provide You with high quality services, We collect and maintain certain information. With respect to this information, We promise the following:
To safeguard all personally identifiable information against unauthorized access. To collect only that information necessary to continue to provide You with high-quality services.
To require that companies who perform servicing and marketing functions for us maintain strict confidentiality concerning any information about You that these companies acquire from or through us.
Our Commitment To Children's Privacy
Protecting the privacy of the very young is especially important. For that reason, We never collect or maintain information from those We actually know are under 13 years of age, and no part of Our website or advertising is structured to attract anyone under 13 years of age.
Categories of Information Collected
In the course of providing You with products and services, We may collect the following types of information:
For each visitor to Our Website, Our Web server automatically recognizes the visitor's IP address and domain name (where possible). We collect the IP address and domain name (where possible) of visitors to Our Web site, the e-mail addresses of those individuals who provide their e-mail addresses to us or communicate with us via e-mail, information on what pages users access or visit and information volunteered by the user.
Information about You that You provide to Us including in the member registration process.
If You forward a message to another person through the Website, We will use the recipient's email address in order to send the information to that person and We will also ask for Your e-mail address. We do not use the recipient's e-mail address for any other purpose unless the recipient gives us permission to do so.
How We Safeguard Personal Information
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, We have put in place appropriate physical, electronic, and procedural procedures to safeguard and secure the information We collect. Some of these procedures include limiting access to personal information to authorized personnel who need to use it in the course of performing the job duties. Logging into the Website as a member requires use of Your password. We recommend that you do not share Your password with anyone. We use industry-standard tools, such as firewalls, to ensure that Your information is secure and confidential.
How We Use Personal Information
The information We collect from You is an important part of Our ability to offer high-quality services that are relevant to You. Examples of how We may use this information:
We may use Your personally identifiable information to contact You including via e-mail.
We may share Your personally identifiable information when We are required to by law, such as a subpoena, to prevent fraud or in response to an inquiry by a government agency.
WE DO NOT SELL THIS INFORMATION - WE USE THIS INFORMATION ONLY AS PERMITTED BY THIS PRIVACY POLICY AND TO IMPROVE YOUR CUSTOMER EXPERIENCE WITH THEHERBANALCHIMIST.COM.
Applicable Law
We control and operate the Website from the United States. The Website is not intended to subject Us to the laws or jurisdiction of any country or territory other than the United States. Please note that We do not represent or warrant that the Website is appropriate for use in any particular jurisdiction. Those who choose to access the Website do so at their own initiative and are responsible for complying with all local laws, rules and regulations.
Changes to This Privacy Policy
We may change this Privacy Policy at any time; changes to this Privacy Policy shall be effective immediately upon the posting of such changes. Therefore, You should review this Privacy Policy from time to time.
Contacting Us Regarding Your Privacy
If You have questions or concerns about Our privacy policy, Our use of Your information, or would like to correct any Your information in Our records please write to us at:
Apothe-Carry
137 Grand St. #2
New York, NY 10013
Or, If You prefer, please email us at: privacy@apothe-carry.net
Revised 11/5/10