Private between the Parties
This Site Agreement supersedes any prior version.
TERMS AND CONDITIONS:
This Web Site Use Agreement (the "Site Agreement") is between You and all individuals and persons You represent, jointly and severally (collectively "You"), and HerbAnomics Inc owner of HerbAnomic.com ("HERBANOMIC"), and governs Your use of the Web site at www.HerbAnomic.com and all computer data of said Web site "www.HerbAnomic.com" (collectively the "Web site") processed or stored in or by the host computer.
Each and every time You use the Web site or access any of the Web site material ("material") in any manner You knowingly and willingly signify Your consensual acceptance and agreement, and the consensual acceptance and agreement of all persons You represent, without limitation or qualification, to be legally bound by this Site Agreement as this Site Agreement then reads, and You represent and warrant that You have the legal authority to agree to and accept this Site Agreement on behalf of Yourself and all persons You represent. If You do not agree with all provisions of this Site Agreement, or You are not authorized to agree to and accept this Site Agreement, You are prohibited from using the Web site and any computer data of the Web site in any manner.
Word Usage: As used in this Site Agreement words and terms used in the singular form include the plural form, and, words and terms used in the plural form include the singular form.
Definitions: To preclude any meanings otherwise, as used in this Site Agreement, on any page of this website, any document of this website, and on any product label of any product advertised or sold by HERBANOMIC, the following words and terms have the meanings ascribed to them:
The term "HerbAnomic" means HerbAnomics Inc and Herbanomic.com, a Wyoming Incorporated company.
The terms "our", "we", and "us" means HerbAnomics Inc.
The term "you" means You, the individual reading this Site Agreement, and all individuals and persons You represent, jointly and severally, and all other individuals, entities, and devices that use the Web site or access any computer files of the Web site in any manner whatever. The term "You" also includes any and all individuals viewing, reading, in possession of, listening to, or printing any information of the Web site irrespective of how the Web site is accessed.
The term "any" is not limiting and means each and every and one or more.
The term "and" and "or" are terms of inclusion and not of exclusion and shall be construed either disjunctively or conjunctively as necessary to bring within the scope of this Site Agreement.
The term "individual" means a natural person.
The term "natural person" means a living, breathing man or woman irrespective of the biological age of such man or woman and does not include artificial persons created or recognized by law as separate entities such as partnerships, corporations, trusts, estates, cooperatives, associations, government or governmental subdivisions or agencies, or any other juristic person.
The term "person" means any partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or (without limitation or qualification) any other type of juristic person.
The term "juristic person" means (without limitation or qualification) an abstract, legal entity ens legis, such as a corporation, considered as possessing certain legal rights and duties of a human being; an imaginary entity, which, on the basis of legal reasoning, is legally treated as a human being.
The term "computer data" means representation of information, knowledge, facts, concepts or instructions which are being processed, or have been processed in the host computer and may be in any form, without limitation or qualification, including, but not limited to text documents, printed text documents, images, graphics, audio files, software programs, magnetic storage media, simulated file folders, products, logos, punched cards, or any other form of information stored in or obtained from the host computer.
The term "host computer" means the computer with a Web server that serves the pages for www.herbanomc.com.
The term "Web server" means a program that, using the client/server model and the World Wide Web's Hypertext Transfer Protocol (HTTP), serves the computer files that form Web pages to Web users whose computers contain HTTP clients that forward requests.
The term "simulated file folder" means, in a graphical user interface (GUI), a simulated file folder that holds data, applications and other folders. Simulated file folders are discrete portions of the drive which allows HERBANOMIC to partition information into structures that make sense to the Owner.
The term "first-hand" means experienced or observed personally; from the first or original source.
The term "report" means to relate or tell about; a narrative description of events that may or may not be verified.
The term "second-hand" means not experienced or observed personally; indirectly; provided by an individual other than the actual user.
The term "Organic" means of, relating to, or derived from living organisms: organic matter.
The term "personally" means without the intervention of another individual.
The term "testimonial" is synonymous with the word "report", meaning: to relate or tell about; a narrative description of events that may or may-not-be verified.
The Web site, inclusive of all Web site content and materials, is owned and maintained by HerbAnomics Inc (the "Owner"), a Wyoming Limited Liability Company. The Web site is used by HERBANOMIC to present to you the Web site content and materials. All Web site content, images, information and materials provided by the Owner, in any medium whatsoever (collectively referred to as "Content and Materials"), are protected by common-law copyright, and U.S. and international copyright laws. The Owner allows You to search for, view and use the Content and Materials of the Web site only as permitted below. You may be able to access additional Content and Materials of the Web site not available to the general public only by first reading, understanding, and agreeing to all terms of any additional related-thereto agreement/s.
The Web site is not directed at children under the age of 13. HERBANOMIC values the privacy and safety of children who may visit the Web site and will not knowingly collect personally identifiable information from any child under the age of 13, in compliance with the Children's Online Privacy Protection Act ("COPPA").
By Your act of using the Web site in any manner You signify that You knowingly and willingly waive all defenses and unconditionally understand and consensually agree that:
- You are unconditionally contractually bound to all terms and conditions of this Site Agreement;
- None of the statements presented anywhere at the Web site have been evaluated by the Food and Drug Administration;
- None of the statements in any document printed from any file of the Web site have been evaluated by the Food and Drug Administration;
- Irrespective of any statements made at the Web site, none of the products referenced anywhere at the Web site or referenced in any document printed from any file of the Web site, diagnose, treat, mitigate, cure, or prevent any disease in any manner whatever;
- None of the products referenced anywhere at the Web site or in any document printed from any file of the Web site is intended nor infers to diagnose, treat, mitigate, cure, or prevent any disease;
- None of the statements made anywhere at the Web site or in any document printed from any file of the Web site diagnoses, treats, mitigates, cures, or prevents any disease, nor infers to diagnose, treat, mitigate, cure, or prevent any disease;
- None of the statements made in any of the testimonials anywhere at the Web site or in any document printed from any file of the Web site diagnoses, treats, mitigates, cures, or prevents any disease, nor infers to diagnose, treat, mitigate, cure, or prevent any disease;
- None of the products referenced anywhere at the Web site or in any document printed from any file of the Web site are "drugs" or "new drugs";
- No medical advice is given anywhere at the Web site, nor in any document printed from any file of the Web site;
- No pill, liquid or any other substance cures any disease and that the human body can and does repair, regenerate and heal itself when it (the human body) is provided the nutritional substances that it needs, to do what it needs to do and to maintain health and keep itself disease free;
- No medical claims whatsoever are made or inferred at the Web site, nor in any document printed from any file of the Web site;
- All information provided at the Web site has been published and provided for informational purposes only, and that the content of the Web site is provided solely for Your personal use, and that all terms of this Site Agreement apply to any and all information printed, copied, recorded, or obtained from the Web site in any manner.
- Any and all statements made at the Web site pertaining to the properties and functions of nutritional supplements are for informational and educational purposes only, and that any and all such statements made anywhere at the Web site have not been evaluated by the Food and Drug Administration, and that i) every individual is different, ii) not everyone will experience the same results, iii) results may and often do vary, and iv) that some people may not experience any results at all;
- You agree that the effective date and time of this Site Agreement is each date and time You use the Web site or access any of the Web site computer files in any manner;
- The Owner and HERBANOMIC disclaim any and all responsibility for the accuracy of the content of the Web site and the Web site's materials, and that all product images are for illustration purposes only and that actual package, bottle-style, and labeling mayvary at the sole discretion of HerbAnomics Inc, and that You accept 100-percent responsibility for viewing, listening-to, reading, using, relying, upon any and all information presented at the Web site;
- You assume 100-percent responsibility for any damage or harm caused to Your computer or computer-software by interacting with the Web site and the Web sites' contents;
- Any and all information at the Web site is subject to change without notice, and that no commitment is made by the Owner to update any information at the Web site;
- Neither HERBANOMIC nor the Owner make any representations or warranties with regard to the accuracy or completeness of any of the information at the Web site;
- No relationship whatsoever between You and HERBANOMIC, nor You and the Owner is created by Your use of the Web site in any manner, and that the Owner or HERBANOMIC may deny You access to this web site at any time for any reason whatever;
- In addition to any other restrictions set forth in this Site Agreement, You agree not to: (1) use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data mining," "computer code" or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Web site, any data or content found on or accessed through the Web site, or any other information at the Web site without obtaining prior express written consent of HERBANOMIC; (2) obtain or attempt to obtain through any means any materials or information on the Web site that have not been intentionally made publicly available either by their public display on the Web site or through their accessibility by a visible link on the Web site; (3) violate the security of the Web site or attempt to gain unauthorized access to the Web site, data, materials, information, computer systems or networks connected to any server of the Web site, through hacking, password mining or any other means; (4) interfere or attempt to interfere with the proper working of the Web site or any activities conducted on or through the Web site, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Web site; and (5) take or attempt any action that, in the sole discretion of the Owner, imposes or may impose an unreasonable or disproportionately large load or burden on the Web site or the infrastructure of the Web site.
- As a convenience, the Web site may link to other Web sites that may be of interest to You, but are not under the Owner's, nor HERBANOMIC's control. Linking to such linked Web sites does not imply endorsement of such linked Web site by the Owner, HERBANOMIC, nor by the owner of such linked Web site, and neither the Owner, nor HERBANOMIC shall be responsible in any manner for the availability of the content contained in any such linked Web site.
- The Content and Materials of the Web site may not be used as a trademark or service mark, for any unlawful or pornographic use, to defame any person, or to infringe upon any intellectual property rights of any person/entity. Unauthorized use of the Content and Materials of the Web site constitutes common-law copyright infringement and shall entitle the Owner to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all user and/or beneficiaries of such said unlawful use.
- Waiving all rights, You hereby unconditionally agree to indemnify, defend and hold the Owner, HERBANOMIC, and, if any exist, all of the Owner's and HERBANOMIC's managers, partners, officers, trustees, members, agents, representatives, employees, volunteers, information providers, affiliates, licensors, licensees, successors and assigns (collectively the "Indemnified Parties") harmless from and against any and all complaints, legal claims, legal actions, arbitrations, liability, and costs (including attorneys' and other professional fees) incurred by such Indemnified Parties in connection with any and all claims arising out of any breach by You of this Site Agreement or the foregoing representations, warranties, covenants. You shall cooperate with HERBANOMIC and the Owner as fully as reasonably required in the defense by Owner of any such claim. The Owner and HERBANOMIC reserve the right, at their own expense and sole discretion, to assume defense and control of any matter otherwise subject to indemnification by You and You shall not in any manner settle any matter without obtaining prior written consent of the Owner.
- THE Owner PROVIDES TO HERBANOMIC AND YOU THE WEB SITE AND ITS CONTENT AND MATERIALS ON AN "AS IS" BASIS. THE Owner MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE WEB SITE AND THE CONTENT AND MATERIALS, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS UNDER THIS SITE AGREEMENT, INCLUDING, WITHOUT LIMITATION, THAT THE SITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
- NEITHER THE Owner, NOR HERBANOMIC SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH YOU FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO ANY USE OF ANY CONTENT AND MATERIALS OF THE WEB SITE.
- Any dispute regarding this Site Agreement shall be governed by California law and applicable United States Federal law, as may be amended. The parties to this Site Agreement agree to accept the exclusive jurisdiction of the state and federal courts located in California. No action nor inaction of the Owner may be construed as a waiver or amendment of this Site Agreement, unless such action or inaction is expressed in writing and signed by the Owner.
- You have read all terms of this Site Agreement and completely understand all such terms and agree to be unconditionally bound by all such terms and conditions.
This Site Agreement constitutes the entire Site Agreement between the parties with respect to the subject matter hereof and merges all prior and contemporaneous communications into this Site Agreement. This Site Agreement shall not be modified in any manner except solely by the Owner. If any provision of this Site Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, such offending provision shall immediately thereupon such finding be deemed to be modified to the minimal extent necessary to bring such offending provision within the scope of validity and enforceability. If such offending provision can not be so modified such offending provision shall immediately thereupon such determination be stricken and the remaining provisions of this Site Agreement shall remain in full force and effect according to this Site Agreement's terms. The parties of this Site Agreement intend that the provisions of this Site Agreement be enforced to the fullest extent permitted by applicable law. This Site Agreement shall inure to the benefit of and be binding upon the parties, their successors and assigns, except that You many not assign or transfer this Site Agreement without the Owner's prior written consent.
Your obligations regarding privacy, confidentiality, indemnification, security and compliance with state and federal laws shall survive the termination of this Site Agreement.