Web Site Use Agreement
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 may vary 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.
Herbanomics Inc Privacy Statement
We composed this privacy statement to inform you about what information this web site collects, who may receive that information, what we may do with the information, and how long we keep it. While we have made every attempt to make this policy as clear as possible, if you have any further questions about it, feel free to contact us.
The terms "our", "we", and "us" means HerbAnomics Inc. and HerbAnomic.com
ALL personal information is kept private – it is never shared, given nor sold to any third party.
The e-commerce application used for our Internet Web site on-line store is not vulnerable to cross-site scripting attacks, script injection or any other known exploits that commonly affect web applications.
HerbAnomics Inc., owner of HerbAnomic.com (both hereafter referred to as "HerbAnomic") takes safeguarding online privacy seriously and respects the privacy needs and concerns of our visitors and customers. This is how we handle personal information, such as your name, address, email address, phone number, credit card number, etc. ("Personal Information") that you provide to us is important to us.
To gain your trust and confidence, this policy statement describes how we respect your privacy by the manner in which we handle Personal Information relating to you and your transactions with us, whether through our HerbAnomic.com Web site store or over the telephone. This Privacy Statement describes the Personal Information we gather about you, what we do with it, the safeguards we have in place to protect it, and how you can control our use of it. By using the HerbAnomic.com Internet Web site (the "Web site"), the Web site user signifies that the Web site user agrees, without limitation or qualification, to be bound by this Privacy Statement.
When you provide Personal Information through our Web site or over the phone you are consenting to the manner in which HerbAnomic will collect, use, disclose and otherwise manage your Personal Information, as set out below.
Who May Use the Web site
The Web site is not intended or designed to attract users under the age of 18 years. We do not collect Personal Information from any person we know to be under the age of 18 years. If you are under 18-years of age, we ask that you not send us any Personal Information.
The Web site is not directed at children under the age of 13. HerbAnomic complies with the Children's Online Privacy Protection Act ("COPPA") and does not knowingly collect, or permit registration or submission of, personally identifiable information by anyone less than 13 years of age.
The Web site is intended for users from the United States and those not governed by privacy policies of other countries. Users from the European Union are advised not to disclose Personal Information to HerbAnomic. Information sent to us will be housed on servers located in the states of South Carolina, Nevada and California, in the United States. Do not send us information unless you consent to the application of U.S. law and to the use and disclosure of your information consistent with this Privacy Statement.
Collection and Use of Personal Information
We may collect Personal Information that you provide us when you:
Purchase, order, return, exchange or request certain information about our products and services;
Contact customer service by email, regular mail, Web site feedback, or telephone;
Visit or register with our Web site or send us email;
Respond to one of our surveys; or
Provide us with comments, reviews or suggestions.
We may also collect Personal Information about you from our Service Providers who provide us with e-commerce related services related to the Sites.
The choice of how much personally identifiable information you disclose to HerbAnomic is completely at your discretion. It is never mandatory for you to disclose any information or answer any question – although it may limit the services and/or products that HerbAnomic is able to provide to you.
Shopping at the Internet Web Site
When you order products through the Web site or over the telephone we will collect your credit or debit card information and keep a history of your purchases. We use this your order history for our records to better assist you when you call us. We do not keep a record of your credit or debit card number or credit or debit card information.
When you return previously purchased merchandise or request a refund or exchange, you may be asked to give your name, address, phone number and credit card information. We collect this information to help prevent fraud and ensure you receive correct information and accurate details.
Web site Registration
Registration at our Web site is not necessary, you do not have to register to browse our Web site, but, at the present time, you have the option to create an account/register to purchase products through our Web site. If you register, you are asked for information such as your name, address, phone number, e-mail address, and a username and password that you create. Your registration information may be used to help make your online shopping quicker and easier, by pre-filling certain parts of your shopping information. When you register you will have the opportunity to sign up for future correspondence only from HerbAnomic.
Use of Service Providers
HerbAnomic may use other companies to provide limited services on HerbAnomic's behalf – such as processing on-line transactions at the Web site. HerbAnomic will only provide such companies with personal information needed to process such transaction. Such companies are required to maintain the confidentiality of your information and are prohibited from using that information for any other purpose.
Promotional Information and Marketing Materials
We would like to inform you of products and services, sales and special offers that might benefit you. When you register online or participate in a survey, you will have the opportunity to sign up for e-mails about our products, services, sales and special offers.
We may also send you mail, email or call you with information about our product and service offerings if you have provided us with your name and address, email address or phone numbers. If you would like to stop receiving such promotional information from HerbAnomic, please see the "Privacy Preferences/Opt-Out" section of this Privacy Statement.
Disclosure of Personal Information
ALL personal information is kept private, it is never shared, given nor sold to any third party – including law enforcement, without a valid court order.
If your purchases are being shipped to you, your shipping information will be shared with our delivery service providers (U.S. Postal Service, UPS, FedEx, or other delivery companies we or you select). Our delivery service providers are asked not to use your Personal Information for any purpose other than making the delivery.
Access to Personal Information by Companies that Work with or on Behalf of HerbAnomic
Some of our operations, such as our electronic commerce (ecommerce), may be managed by Service Providers who are unaffiliated companies. Examples of these services include payment processing and authorization, fraud protection and credit risk reduction, and shipping. These companies may have access to your Personal Information on a confidential basis only to the extent necessary to perform their functions. In no event will we authorize these companies to use your Personal Information for any reason other than to provide you with those specific services.
How does HerbAnomic use my personal information?
HerbAnomic uses the information for processing and shipping your order and managing elements of your order, and, to contact you in an event that we have any questions about your order or account, as well as notifying you of any special pricing and discounts available. Guests of the Web site may be required to provide certain personal information – such as their name and email address, so that HerbAnomic may uniquely identify such guest and provide better service on the Web site for future visits. Other than as referenced in the above section (Use of Service Providers), HerbAnomic will not share any of your personally-identifiable information with any third party whatsoever.
Access to Personal Information
You may request access to the Personal Information that we have about you. If you are a registered user with our Web site, you can access your profile information at any time by clicking on the "Your Account" link at the top of any page of the Web site through which you registered.
Privacy Preferences / Opt-Out
If you have registered as a user on our website, you can opt-out of receiving email subscriptions by logging into your account at the Web site store and clicking on the "email subscriptions" link on the right side of the page. On the next page simply un-check the subscriptions you do not want to receive. When you create your Web site account you have the option of selecting any of the available email subscriptions by selecting the subscriptions that you want to receive. You may change these preferences at any time, but you must first register by creating an account before you can update any of your preferences.
Cookies and Tracer Tags
The Web site store uses a technology called "cookies". A cookie is a tiny element of data that the Web site can send to your browser, which may then be stored on your hard drive so we can recognize you when you return. All pages of our Web site store where you are prompted to log in or that are customizable require that you accept cookies. If you have registered with the Web site store, these cookies (1) may let us know who you are, (2) are necessary to access your account information (stored on our computers) in order to deliver products and personalized services, and (3) will provide us with information that we will use to personalize our Web site in accordance with your preferences. Cookies are also required to optimize your shopping experience in that they allow you to add multiple items to your shopping basket before checking out. You may set your Web browser to notify you when you receive a cookie. However, should you decide not to accept cookies from our Web site, you will limit the functionality the on-line store can provide when you visit our Web site. Tracer Tags: Our Web site store may also use a technology called "tracer tags". These tags may also be referred to as "Clear GIFs" or "Web Beacons." This technology allows us to understand which pages you visit on our Web site. These tracer tags are used to help us optimize and tailor our Web site for you and other future Web site visitors.
Security of Personal Information
We maintain administrative, technical and physical safeguards to protect against unauthorized access, use, modification and disclosure of Personal Information in our custody and control. We are also committed to employing reasonable technology in order to protect the security of our Web site. However, even with the best technology, no website is 100% secure. We will take reasonable measures which we believe are appropriate to protect your Personal Information from loss, misuse, alteration or destruction.
When you place orders through our Web site, all of your order information, including your card number and delivery address, is transmitted through the Internet using Secure Sockets Layer (SSL) technology. SSL technology causes your browser to encrypt your order information before transmitting it to our secure server. SSL technology, an industry standard, is designed to prevent someone other than HerbAnomic from capturing and viewing your Personal Information. Since any order information you provide to HerbAnomic through our Web site will be transmitted using a secure connection, if your Web browser cannot support this level of security, you will not be able to order products through our Web site. The most recent versions of Netscape Navigator™, Google Chrome®, Microsoft Internet Explorer®, FireFox® and Opera can support a secure connection and can be downloaded for free from their respective Web sites.
To provide you with an increased level of security, online access to your Personal Information is protected with a username and password that you select. We strongly recommend that create a password at least eight (8) characters (any type) in length and that you not disclose your password to anyone. HerbAnomic will never ask you for your password in any unsolicited communication (including unsolicited correspondence such as letters, phone calls or e-mail messages).
Our Privacy Statement and Outside Links
The Web site may contain links to other Web sites. HerbAnomic is not responsible for the privacy policies or procedures or the content of any other Web site, so You should review the privacy policies of other Web sites carefully before providing any personal or financial information to such Web sites.
Privacy Statement Modifications
From time to time we may modify or amend this Privacy Statement in order to comply with new laws or regulations or to reflect future changes in our business practices. Any changes in our policies will be communicated in this statement so please check back on occasion. We also may post a notice on our Web site or send an email describing the changes.
HerbAnomic does not rent, sell, or give any email addresses that HerbAnomic might obtain from any quests to any third parties. HerbAnomic reserves the right to send You responsive email in response to any questions or comments that You may at any point in time send to HerbAnomic.
The Web site has reasonable security measures in place to protect against the loss, misuse or alteration of information under HerbAnomic's control. While HerbAnomic strives to protect your personal information, HerbAnomic cannot ensure, and does not warrant, the security of any information. Communication via the Internet is not fail-safe, and there is always a possibility that data may be lost, or intercepted by unauthorized parties during such transmission or after receipt by HerbAnomic.
If you have any questions about our handling of Personal Information please contact us at:
8502 E. Chapman Ave. Ste. 153
Orange, CA 92869
or email us at email@example.com
or call 1-866-388-7003.
Last Updated: September 22, 2020