1. ACCEPTANCE OF TERMS
Welcome to HerbalCoach.com. HerbalCoach.com provides its service to you, subject to the
following Terms of Service, which may be updated by us from time to
time without notice to you. In addition, when using particular HerbalCoach.com services, you and HerbalCoach.com shall be subject to any posted
guidelines or rules applicable to such services which may be posted from time to
time. All such guidelines or rules are hereby incorporated by reference into the
Terms of Service.
2. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true,
accurate, current and complete information as prompted by the
Service's registration form (such information being the "Registration Data") and
(b) maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or HerbalCoach.com has reasonable grounds to
suspect that such information is untrue, inaccurate, not current or incomplete,
HerbalCoach.com has the right to suspend or terminate your account and refuse any and all
current or future use of the Service (or any portion thereof). You are responsible for maintaining the
confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account.
3. MEMBER CONDUCT
You understand that all information, data, text or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility of the person
from which such Content originated. This means that you, and not HerbalCoach.com, are
entirely responsible for all Content that you upload, post, email, transmit or
otherwise make available via the Service. HerbalCoach.com does not control the Content
posted via the Service and, as such, does not guarantee the accuracy, integrity
or quality of such Content. Under no circumstances will HerbalCoach.com be liable in any way for any Content, including, but
not limited to, for any errors or omissions in any Content, or for any loss or
damage of any kind incurred as a result of the use of any Content posted,
emailed, transmitted or otherwise made available via the Service.
You acknowledge that HerbalCoach.com does not pre-screen Content, but that HerbalCoach.com
and its designees shall have the right (but not the obligation) in their sole
discretion to refuse or move any Content that is available via the Service.
Without limiting the foregoing, HerbalCoach.com and its designees shall have the right to
remove any Content that violates the terms of service. You
agree that you must evaluate, and bear all risks associated with, the use of any
Content, including any reliance on the accuracy, completeness, or usefulness of
such Content. In this regard, you acknowledge that you may not rely on any
Content created by HerbalCoach.com.
4. INDEMNITY
You agree to indemnify and hold HerbalCoach.com harmless from any claim
or demand made by any third party due to
or arising out of Content you submit, post, transmit or make available through
the Service.
5. MODIFICATIONS TO SERVICE
HerbalCoach.com reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with
or without notice. You agree that HerbalCoach.com shall not be liable to you or to any
third party for any modification, suspension or discontinuance of the Service.
6. TERMINATION
You agree that HerbalCoach.com, in its sole discretion, may terminate your password,
account (or any part thereof) or use of the Service, and remove and discard any
Content within the Service, for any reason, including, without limitation, for lack
of use or if HerbalCoach.com believes that you have violated or acted inconsistently with
the letter or spirit of the terms of service. HerbalCoach.com may also in its sole discretion and at any
time discontinue providing the Service, or any part thereof, with or without
notice. Further, you agree that HerbalCoach.com shall not be liable to
you or any third-party for any termination of your access to the Service.
7. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
With respect to Content you submit or
make available to HerbalCoach.com,
you grant HerbalCoach.com the following world-wide, royalty free and non-exclusive
license(s), as applicable:
- With respect to all Content (including but not limited to photos, graphics, audio or video) you submit or make available to HerbalCoach.com, the license
to use, distribute, reproduce, modify, adapt, publicly perform and
publicly display such Content on the Service solely for the purposes of
providing and promoting the specific HerbalCoach.com service to which
such Content was submitted or made available. This license exists only
for as long as you elect to continue to include such Content on the
Service and will terminate at the time you remove or HerbalCoach.com removes such
Content from the Service.
- With respect to all Content (including but not limited to photos, graphics, audio or video) you submit or make available to HerbalCoach.com,
you agree that such Content will not be returned to you. Such Content will be deleted at the time you remove or HerbalCoach.com removes such
Content from the Service.
8. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. HerbalCoach.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
b.
HerbalCoach.com MAKES NO WARRANTY THAT (i) THE SERVICE WILL
MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V)
ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
d.
NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM HerbalCoach.com OR THROUGH
OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOS.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HerbalCoach.com
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF HerbalCoach.com HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE
USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY
OTHER MATTER RELATING TO THE SERVICE.
10. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
11. COPYRIGHTS and COPYRIGHT AGENTS
HerbalCoach.com respects the intellectual property of others, and we ask our users to do
the same. If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide HerbalCoach.com the
following information:
1.an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest;
2.a description of the copyrighted work that you claim has been infringed;
3.a description of where the material that you claim is infringing is located
on the site;
4.your address, telephone number, and email address;
5.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;
6.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.
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