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Terms and Conditions

Last Updated: 5/4/2021


Terms and Conditions

These Terms and Conditions (“Terms”) govern your access and use of the herbsetc.com website (the “Site”) and any other applications, content, products, and services (collectively, the “Herbs, Etc. Content”) made available by Herbs, Etc., Inc. or its representatives, affiliates, officers, and directors (collectively, “Herbs, Etc.,” “we,” “us,” or “our”) and constitute an agreement between you and Herbs, Etc. Your use of the Herbs, Etc. Content is conditioned upon your acceptance and continued adherence to these Terms. If you do not wish to be bound by these Terms of Use, discontinue using and accessing the Herbs, Etc. Content immediately.

PLEASE READ: THESE TERMS CONTAIN A MANDATORY ARBITRATION AGREEMENT, REQUIRING ANY DISPUTE BETWEEN YOU AND HERBS, ETC., SUBJECT TO LIMITED EXCEPTIONS, TO BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND REQUIRING YOU TO FOREGO JURY TRIALS, CLASS OR COLLECTIVE ACTIONS OR PROCEEDINGS, AND ALL OTHER TYPES OF COURT PROCEEDINGS OF ANY KIND. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT FOLLOWING THE OPT-OUT PROCEDURES IN SECTION 1 BELOW, YOU WILL BE BOUND BY THIS ARBITRATION AGREEMENT. BY ENTERING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND EXPRESSLY AGREE TO THE MANDATORY ARBITRATION AGREEMENT.

1. BINDING ARBITRATION & CLASS ACTION WAIVER

Mandatory Binding Arbitration

By agreeing to these Terms, you agree that all disputes, causes of action, or claims arising out of, in connection with, or related to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof (collectively, “Disputes”), shall be finally settled by binding, individual arbitration in accordance with the rules and procedures of the American Arbitration Association (“AAA”), and not in a court of law in any jurisdiction, and not in a class, representative, or consolidated action or proceeding, as further set forth below. You and Herbs, Etc. agree that one (1) arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Judgment of the award rendered by the arbitrator may be confirmed, reduced to judgment and entered in any court of competent jurisdiction as necessary to protect its rights or its property or the rights or property of its agents, suppliers and subcontractors.

Class Action Waiver

You acknowledge and agree that you and Herbs, Etc. are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class, representative, or consolidated action or proceeding. Unless both you and Herbs, Etc. agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the entirety of the Arbitration Agreement set forth in this Section 1 shall be deemed null and void in its entirety, and the parties shall be deemed to have not agreed to arbitrate disputes on a class basis. Notwithstanding the parties’ agreement to resolve all Disputes through arbitration, you and Herbs, Etc. each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyright rights, trade secrets, patents or other intellectual property rights.

Opt-Out Procedures

You can choose to reject this Arbitration Agreement by sending us a written opt-out notice (“Opt-Out Notice”) within 30 days following the date you first agree to these Terms, by email at mailorder@herbsetc.com or by mail at Herbs, Etc. 1340 Rufina Circle, Santa Fe, NM 87507 If mailed, the Opt-Out Notice must be post-marked no later than 30 days following the date you first agree to these Terms. To be effective, the Opt-Out Notice must contain your name, address, and signature. If you opt-out of the Arbitration Agreement, all other parts of the Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may enter with Herbs, Etc.

Rules, Procedures & Governing Law

The arbitration will be administered by AAA under its Consumer Arbitration Rules and any supplementary rules then in effect (the “AAA Rules”), except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling the AAA at (800) 778-7879. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. Notwithstanding any choice of law or other provision in the Terms, you and Herbs, Etc. agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement of proceedings pursuant thereto. It is the intent of the parties that the AAA Rules and FAA shall preempt all state laws to the fullest extent permitted by law. If the AAA Rules and FAA are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of New Mexico, without regard to its choice or conflict of law provisions.

A party who wishes to start arbitration must submit a written Demand for Arbitration to the AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. You can contact the AAA for more information on how to commence an arbitration proceeding at www.adr.org or (800) 778-7879.

For claims under $10,000, you may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. If your claim is at or above $10,000, your right to a hearing will be determined by the AAA Rules. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s applicable rules. We will reimburse those fees for claims totaling less than $10,000, unless the arbitrator finds your Dispute frivolous.

Changes to Arbitration Agreement

Notwithstanding the provisions of this Section 1, if Herbs, Etc. changes any of the terms of this Section 1 after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us a written notice of such rejection within 30 days of the of the date such change became effective, as indicated in the “Last Updated” date above. This written notice must be provided either by email at mailorder@herbsetc.com or by mail to Herbs, Etc. 1340 Rufina Circle, Santa Fe, NM. 87507. In order to be effective, the notice must include your full name, address, and signature, and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and Herbs, Etc. in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).

2. Prohibited Uses

You may use the Herbs, Etc.’s Content solely for your own personal benefit. You additionally agree not to use the Herbs, Etc. Content for commercial use or in support of any other person or entity. Additionally, you may not use the Herbs, Etc. Content to:

• Engage in or facilitate any illegal activity.
• Upload, transmit or otherwise distribute any viruses or other harmful, disruptive or destructive files.
• Interfere with or disrupt networks, systems and/or computers used to provide the Herbs, Etc. Content. You agree to comply with all regulations, policies and procedures of such networks and systems.
• Advertise or offer to sell any goods or services unless you have Herbs, Etc.’s written consent to do so.
• Restrict or inhibit any other user from using the Herbs, Etc. content.
• Collect or store personal information about other end users.
• Impersonate any person or entity, including, but not limited to an Herbs, Etc. representative or falsely state or otherwise misrepresent your affiliation with a person or entity.

3. Content Age Restriction

If you are 13 years of age or older but younger than 18 years of age, you must request permission from your parent or guardian before accepting these Terms of Use or using or accessing Herbs, Etc.’s Content. If you are registering on behalf of your minor child, you agree to accept responsibility for your child’s use of the Herbs, Etc. Content.

4. Disclaimers

Herbs, Etc. Content includes information regarding specific Herbs, Etc. products. Herbs, Etc. has made good-faith efforts to compile and present this information but does not guarantee its accuracy or completeness.

The information, instructions, and general advice contained in the Herbs, Etc. Content is intended only as a general reference for further exploration and is not a replacement for professional health advice. The Herbs, Etc. Content does not provide format recommendations, toxicity levels, or possible interactions with prescription drugs or other items. We urge you to consult your qualified healthcare professional such as a naturopathic physician when using any of the Herbs, Etc. Content. Do not disregard, avoid or delay obtaining medical or health-related advice from your healthcare professional because of the Herbs, Etc. Content.

Developments in medical research may impact the information that appears here. No assurance can be given that the information contained in the Herbs, Etc. Content will always include the most recent findings or developments with respect to the particular material.

Herbs, Etc. does not recommend or endorse any specific physicians, procedures, or opinions that may be mentioned or included in the Herbs, Etc. Content.

The information contained in the Herbs, Etc. Content is provided “as is” and all warranties, expressed or implied are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose).

If you are in the United States and think you are having a medical or health emergency, call your health care professional, or 911, immediately.

Herbs, Etc. makes no representations that the Herbs, Etc. Content is appropriate or legally available for use in locations outside the United States. If you are accessing the Herbs, Etc. Content from outside the United States, you are solely responsible for complying with all local laws.

The use of Herbs, Etc. Content is solely at your own risk.

5. Intellectual Property

The Site and the Herbs, Etc. Content are the intellectual property of Herbs, Etc. and are protected by applicable copyright, trademark and proprietary rights. All text, video, audio, sound, graphics, software, information and other materials made available as part of the Herbs, Etc. Content, including but not limited to the look and feel of the Site, are protected by such copyright, trademark and other intellectual property laws and are owned solely by Herbs, Etc. and its licensors. Except as expressly set forth in these Terms, you may not use, copy, distribute, display or modify the Herbs, Etc. Content.

Viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited nonexclusive license for your personal use and does not authorize republication, distribution, assignment, sublicense, sale, preparation of derivative works or the right to link to the Site from another location or any other use unless you have received Herbs, Etc.’s expressed written permission for such use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal, not-for-profit use. You do not acquire any ownership rights to the Site or to any contents herein. All rights not expressly granted herein are reserved by Herbs, Etc.

You agree to access the Herbs, Etc. Content only through the interface that is provided by Herbs, Etc. for use in accessing the Herbs, Etc. Content. You agree not to use any automated means, including but not limited to agents, robots, scripts, spiders or screen scraping tools, to access, monitor, download or copy any part of the Herbs, Etc. Content, unless Herbs, Etc. has provided prior written consent.

Herbs, Etc., herbsetc.com, our product names, slogans, phrases, marks, icons and logos included with or accompanying the Herbs, Etc. Content are our trademarks or registered trademarks. All other trademarks, service marks, logos and trade names included with or accompanying the Herbs, Etc. Content are trademarks or registered trademarks of their respective owners.

Software and related technologies that may be available in connection with the Herbs, Etc. Content are subject to United States export controls. No software or related technologies may be downloaded from the Site, or otherwise exported or re-exported, in violation of United States export laws.

6. Limitations of Liability

In no event will Herbs, Etc. be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including damages for any lost profits, lost data or lost savings, whether based on breach of contract, breach of warranty, tort, product liability or any other legal theory even if Herbs, Etc. has been advised of the possibility of such damages.

Some states do not allow the exclusion or limitation of special, incidental or consequential damages, so the above exclusion or limitation may not apply to you.

THE LIMITATIONS AND DISCLAIMERS IN THESE TERMS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING NEW JERSEY LAW.

7. Indemnity

You agree to indemnify and hold Herbs, Etc. and its directors, officers, agents, contractors, partners and employees harmless from and against any damage, loss, liability, claim or demand, including reasonable attorneys’ fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of your use of the Herbs, Etc. Content.

The Herbs, Etc. Content is provided “as is,” and Herbs, Etc. disclaims any and all warranties, whether express or implied, including without limitation, implied warranties of title, merchantability, fitness for a particular purpose, non-infringement, or arising out of a course of performance, course of dealing, or usage of trade. Herbs, Etc. cannot guarantee and does not promise any specific results from use of the Herbs, Etc. Content. Your use of the Herbs, Etc. Content is at your own risk.

8. User Generated Content

As used in this Section, “User Generated Content” means any questions, comments, messages, email, data, text, suggestions, ideas, feedback, product reviews, photographs, graphics, images, video or audio clips, files, designs, music, and sounds, or other information (including biographical information) relating to the Herbs, Etc. Content and/or its processes and underlying software, provided by you to us, whether solicited or unsolicited. By sending, emailing, posting, displaying, distributing, or otherwise transmitting User Generated Content to us or the Herbs, Etc. Content, you grant us and our affiliates, licensees, successors, and assigns a royalty-free, perpetual, transferable (in whole or in part), irrevocable, fully paid-up, worldwide, sublicensable, non-exclusive right (including a waiver of any moral rights you may have) and license (as well as content) to use, license, copy, reproduce, modify, excerpt, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display any User Generated Content (in whole or in part and with or without the use of your name) worldwide and/or to disclose or incorporate the User Generated Content in other works in any form, media, or technology now known or later developed, for any and all purposes including, but not limited to, promotional, marketing, trade or any non-commercial or commercial purposes, without compensation or credit, for the full term of any copyrights, trademarks and other intellectual and proprietary rights that may exist in such User Generated Content.

You grant us and our subsidiaries, affiliates, licensees, successors, and assigns the right (but not the obligation) to use your name, voice, likeness (including, but not limited to, photographs) and other personally identifiable information, to the extent that such information is contained in the User Generated Content, subject to our Privacy Policy.

9. Orders, Payments & Shipping

Orders paid with PayPal, money order, Visa, MasterCard, Discover or American Express are shipped within three business days. Orders paid by check are shipped within seven business days to allow the check to clear.

Back Orders

Herbs, Etc. does not back order. Please reorder out-of-stock products.

Domestic Shipping

All Herbs, Etc. orders are sent via United States Postal Service (USPS) priority mail, including Alaska and Hawaii. Priority mail usually takes three business days (including Saturdays) from the time of the shipment.

International Shipping

We are no longer accepting orders or shipping product outside of the United States, with the exception of Canada. We will continue to ship to Canada. For countries other than the United States and Canada, please click here.

Please note that each Canadian package must weigh four pounds or less. Anything over 4 lbs. will require a second package.

Below is a list of current charges for shipping to Canada.

Up to 1 lb. = $23
Over 1 lb. and up to 2 lbs. = $26
Over 2 lbs. and up to 3 lbs. = $31
Over 3 lbs. and up to 4 lbs. = $36
Over 4 lbs. requires a second package

Please note that Canadian orders can take several weeks to arrive (4 to 6 weeks).

Canadian Taxes, Custom Fees and Import Duties for Orders

You are responsible for assuring the product(s) you are ordering can be lawfully imported into Canada. Your packages may be subject to import taxes, custom/fees and/or import duties. Additional charges for customs clearance may also apply and are your responsibility. To prevent unpleasant surprises, inquire with CUSTOMS about these taxes, fees, duties and other charges before placing your order. In some instances, when customs clearance procedures are required, it may cause delays beyond our original delivery estimates. If you list your email address on the order you will receive an email with your tracking information. For questions about your package status, you may view it at https://tools.usps.com/go/TrackConfirmAction_input. You may also need to call 1-800-ASK-USPS.

10. Return Policy

Herbs, Etc. fully guarantees all of our softgels and extracts sold on the Site. If you are not satisfied with your purchase, please return it within 30 days of receipt and we will refund your purchase. Please call Herbs, Etc.’s Customer Service for a return authorization at 505-820-0410. Credit card purchases will be refunded to the card used for your most recent transaction. Check or money order purchases will be refunded by check.

Please note: Herbs, Etc. charges a 20 percent restocking fee for returned merchandise that was filled correctly.

Claims for Damaged Goods or Incorrectly Filled Orders Policy

Save the original packaging for any damaged product and notify Herbs, Etc,’s Customer Service immediately. Contact us for any claims for damaged goods or incorrectly filled orders. Claims must be made within 10 days after receiving your order.

Herbs, Etc. Returns and Replacements from International Destinations

Should you return a product to us, you will be the exporter from the original shipping destination and, therefore, you are responsible for compliance with all export laws of that country.

11. Governing Law & Forum Choice

Your access and use of the Herbs, Etc. Content and these Terms shall be governed by and construed in accordance with the substantive laws of the State of New Mexico, USA, without reference to conflicts of laws provisions. Except as set forth in Section 1 above, any Dispute arising out of, in connection with, or related to the Herbs, Etc. Content or the Terms shall be brought and heard in the state or federal courts in Santa Fe County, New Mexico. In such event, you consent to the personal jurisdiction and venue of such courts. You agree that service of process upon you in any such action may be made if delivered in person, by courier service, by facsimile, or by first class mail, and shall be deemed effectively given upon receipt.

12. Termination of Content Use

Herbs, Etc. may terminate or suspend your access to the Herbs, Etc. Content and these Terms at any time without notice if you breach any provision of these Terms. In the event of termination, those Sections in these Terms, which provide for continuing obligations on your part shall survive indefinitely.

13. Miscellaneous

Both you and Herbs, Etc. agree that no partnership, agency, joint venture, or employment relationship is formed between you and us by your use of the Herbs, Etc. Content and neither you nor Herbs, Etc. have the power or the authority to obligate or bind the other.

These Terms set forth the entire agreement between you and Herbs, Etc. pertaining to your access and use of the Herbs, Etc. Content. The Terms supersede all prior and contemporaneous agreements, representations and warranties and understandings, whether oral or written, with respect to the Site and the Herbs, Etc. Content. In the event of any conflict between the Terms and any other agreement or understanding related to the Site or the Herbs, Etc. Content, the Terms shall control.

Except as set forth in Section 1 above, if any provision of these Terms, or any portion thereof, is determined to be invalid, unlawful, void, or unenforceable, such provision or portion thereof shall be enforceable to the fullest extent permitted by applicable law, the unenforceable provision or portion thereof shall be deemed to be severed from these Terms, and the remainder of these Terms shall continue in full force and effect. Our failure to exercise any right or provision of these Terms shall not constitute a waiver of such right or provision.

14. Merger, Sale, Bankruptcy or Other Event

As Herbs, Etc. continues to develop its business, we might sell or buy assets, subsidiaries or business units. In such transactions, customer information generally is one of the transferred business assets. If we are acquired by or merged with any other entity, then we reserve the right to assign or transfer all information that we have collected; and, for any bankruptcy, insolvency, reorganization, receivership or assignment for the benefit of creditors, or for any application of laws or equitable principles affecting creditors’ rights, your information might be transferred or disclosed to third parties.

15. Amendments to the Terms and Conditions

You understand and agree that Herbs, Etc. may modify these Terms at any time without prior notice, and such modifications will be effective upon our posting of the new Terms on the Site. You agree to review the Terms periodically so that you are aware of any modifications. Your continued use of the Herbs, Etc. Content after any modifications indicates your acceptance of the modified Terms.

16. Herbs, Etc. Customer Service Hours and Contact Information

Please call or email us if you have existing order questions. For new orders please fax, email or leave a voicemail message.

Call us at 505-820-0410
Email us at mailorder@herbsetc.com
Fax us at 505-984-9197

Hours: Monday-Friday 10 am – 3 pm Mountain Time

Prices subject to change without notification.

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