STANDARD TERMS AND CONDITIONS
Effective 02/28/2024
Welcome to Herbsdweet.com! Herbs Dweet ("Herbs Dweet, LLC" or "Company") values your presence and encourages you to carefully review the following terms and conditions. By accessing or utilizing the HerbsDweet.com website, including any associated software or mobile applications provided by Herbs Dweet (collectively referred to as the "Website" or "Service"), in any manner, you agree to adhere to these terms (referred to as the "Terms of Service" or the "Agreement"). Your use of the Service establishes a legally binding agreement between Herbs Dweet and you regarding your use of the Service. We recommend that you either print or save this Agreement for future reference. If you find this Agreement unclear or if you do not consent to its terms or the Privacy Policy, you are not authorized to access or use the Service. In such a case, you must immediately discontinue your access or use of the Service. Please be aware that these terms include an arbitration provision mandating the use of arbitration for resolving disputes on an individual basis, rather than resorting to jury trials or class actions. Additionally, the remedies available to you in the event of a dispute are limited. For complete information, please refer to the relevant section regarding dispute resolution. Thank you for your attention to these terms. Should you have any questions or concerns, feel free to contact us at the provided contact information.
2. Privacy Policy Your use of the Service signifies your acknowledgment and acceptance of this Agreement as well as Herbs Dweet's LLC Privacy Policy ("Privacy Policy"), which forms an integral part of this Agreement. By utilizing the Service, you affirm that you have comprehensively reviewed and comprehended both documents, and consent to be governed by their terms and conditions. The Privacy Policy, accessible at https://www.herbsdweet.com/privacy, outlines our practices regarding the collection, use, and protection of your personal information. Herbs Dweet advises you to regularly review the Privacy Policy for any updates or modifications.
3. User Account, Account Security User Account: To access certain parts of the Service now or in the future, you may need to create a user account ("Account") and provide personally identifying information. By doing so, you confirm that all information provided in connection with your Account and Service usage is current, complete, and accurate. You agree to maintain the accuracy and completeness of this information by updating your personal profile as necessary. It is strictly prohibited to submit any false content, including but not limited to Account details, usernames, likenesses, or profiles, for the purpose of impersonating another person, whether real or fictional. Herbs Dweet reserves the right, at its sole discretion, to refuse access to the Service or to suspend or terminate your access if the information provided is determined to be inaccurate or incomplete. For more details, please refer to Herbs Dweet’s Privacy Policy.Account Security: You may be required to establish a username, password, and possibly other details to secure your Account. You are solely responsible for maintaining the confidentiality of your password. It is strictly prohibited to use another person's username or password, share your credentials, or attempt to bypass any authentication measures to gain unauthorized access to the Service. Promptly notify Herbs Dweet of any unauthorized use of your Account. Herbs Dweet assumes no liability for any loss incurred due to unauthorized Account usage, whether or not you were aware of it. You may be held responsible for losses suffered by Herbs Dweet, its affiliates, officers, directors, employees, consultants, agents, and representatives resulting from someone else's use of your Account.
4. Changes to Terms and Privacy Policy In the dynamic landscape of internet technology and the ever-evolving legal framework, adjustments become necessary. Herbs Dweet retains the right to modify this Agreement and its Privacy Policy at any time, with notice provided to you (including through posting a new version or sending a change notice). It is incumbent upon you to periodically review this Agreement and the Privacy Policy. Should you find either document unacceptable at any point, you are obligated to immediately discontinue accessing the Service. Without obtaining your explicit consent, any amended Privacy Policy will exclusively apply to information collected by Herbs Dweet following the implementation of the revised Privacy Policy, and not to information gathered under any prior versions of the Privacy Policy.
5. Medical Advice; Minimum Age The statements on our website have not been evaluated by the Food and Drug Administration (FDA). Our products are not intended to diagnose, treat, cure, or prevent any disease. We recommend consulting with a qualified healthcare professional before using any herbal products, especially if you have existing health conditions or are taking medications. You acknowledge and consent that nothing presented on the Website or provided through the Service is intended as, or should be interpreted as, medical advice. Herbs Dweet is not a medical entity and cannot provide medical advice or diagnoses. It is strongly recommended that you seek guidance from a qualified physician before commencing any nutritional or supplement regimen. Although the Products are generally acknowledged as safe for consumption, factors such as pregnancy, nursing, medication intake, or underlying health conditions may conflict with their usage. Hence, it is imperative to consult your primary care physician prior to utilizing any of the Products to ensure compatibility with your medication and that they do not exacerbate your medical condition. By accessing and/or utilizing the Service, including doing so subsequent to accessing this Agreement, you affirm and guarantee that you are at least 18 years old and are legally competent to enter into contracts under the applicable law. If you are utilizing the Service on behalf of a company, you additionally assert and assure that you possess the authority to act and enter into contracts on behalf of said company.
6. Payments & Refunds Policy Herbs Dweet reserves the prerogative to discontinue any purchase or delivery programs on the Website or mobile app, whether wholly or partially, at its discretion and at any time. For purchases executed by you through the Website or Services, all transmissions of payment information between you and Herbs Dweet are safeguarded with Internet-standard TLS encryption (also known as HTTPS). In order to process your order, we collect your name, address, and payment details.
7. Refund Policy: At Herbs Dweet, we prioritize your satisfaction with our products. However, we regret to inform you that all sales are final, and we do not offer refunds. We kindly request that you thoroughly review all product descriptions, our shipping policy, allergy information, and any additional notations before placing your order. This ensures a smooth and informed purchasing experience. Please note that we are unable to accept returns or exchanges under any circumstances. We appreciate your understanding in this matter. Our commitment to quality is evident in our handmade production process, where each batch is carefully crafted to ensure consistency and excellence. Despite our meticulous efforts, the use of all-natural ingredients and our small-batch approach may result in slight variations in size, scent, color, or texture of our products. Should you discover an item missing from your order, we kindly request that you report it within 3 days of the delivery date using our "Website Support" form. Your satisfaction is our top priority, and we will promptly address any missing items by resending them with expedited service.
8. Grant of License Subject to your adherence to these Terms of Service, Herbs Dweet grants you a non-exclusive, non-sublicensable, revocable (as stated in this Agreement), non-transferable license to access the Website and use the Service. No part of the Service, including the Website, may be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the prior express written consent of Herbs Dweet. All rights not expressly granted in this Agreement are reserved by Herbs Dweet. This license is contingent upon your compliance with this Agreement. Your rights under this section will immediately terminate if, in the sole judgment of Herbs Dweet, you have breached any provision of this Agreement.
9. Reliance on Content Opinions, advice, statements, or other information made available through the Service by third parties are solely the responsibility of their respective authors and should not necessarily be relied upon. Herbs Dweet, LLC does not guarantee the accuracy, completeness, or usefulness of any third-party information accessible on or through the Service. Herbs Dweet, LLC does not adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by a third party through the Service. Under no circumstances will Herbs Dweet, LLC be responsible for any loss or damage resulting from your reliance on information or other content posted through the Service transmitted to or by any third party.
10. Assumption of Risk You knowingly and freely assume all risk when using the Service and Products. By using the Service and Products, you, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Herbs Dweet, LLC and its affiliates from any and all claims, actions, or losses that may result from your use of the Service or Products.
11. Consent to Receive Electronic Communications By registering for the Service and providing your contact information, you expressly consent to receive electronic communications from Herbs Dweet, LLC, including email communications. These communications may include new product offers, promotions, and other relevant information. You may opt out of receiving electronic communications at any time by following the unsubscribe instructions contained in each communication or by contacting us directly at info@HerbsDweet.com. You acknowledge that these electronic communications fulfill any legal requirements for written notices.
12. Third-Party Websites The Service may contain links to third-party websites ("Third-Party Websites") over which Herbs Dweet, LLC has no control. Herbs Dweet, LLC does not endorse or accept responsibility for the content or performance of Third-Party Websites. You acknowledge and agree that Herbs Dweet, LLC is not responsible for the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through Third-Party Websites. Your use of Third-Party Websites is at your own risk, and you assume all responsibility and liability for any damages or harm that may result from your use of Third-Party Websites.
13. Prohibited Conduct Herbs Dweet, LLC imposes certain restrictions on your use of the Service to ensure a safe and positive experience for all users. Prohibited conduct includes providing false information, impersonating others, modifying advertisements, collecting user information without permission, attempting to bypass security measures, interfering with the Service's functionality, and engaging in unauthorized use of intellectual property. Any violation of these prohibitions may result in civil and/or criminal liability.
14. Intellectual Property When using the Service, you agree to comply with all applicable laws and respect the intellectual property rights of others. You acknowledge that your use of the Service is governed by copyright and other intellectual property laws. You agree not to infringe upon any third party's copyrights, trademarks, or other intellectual property rights. The trademarks, service marks, and other intellectual property associated with the Service are owned by Herbs Dweet, LLC or its licensors and suppliers, and you are prohibited from using them without prior authorization.
15. Disclaimers, Limitation of Liability No Warranties: Herbs Dweet, LLC and its licensors and suppliers disclaim all warranties, express or implied, regarding the Service, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. They do not guarantee that the Service or Products will meet your requirements or operate without interruptions or errors. Limitation of Liability: In no event shall Herbs Dweet, LLC or its licensors or suppliers be liable for any special, incidental, or consequential damages arising from your use of the Service or Products, regardless of the legal theory or form of action.
16. Indemnification You agree to defend, indemnify, and hold harmless Herbs Dweet, LLC and its affiliates from any claims, actions, or proceedings arising from your breach of this Agreement, your use of the Service or Products, or your violation of any laws or regulations. Herbs Dweet, LLC reserves the right to participate in the defense of any claim and choose its legal representation.
17. Dispute Resolution Binding Arbitration: If disputes cannot be resolved through negotiations, either party may opt for binding arbitration to settle the matter. This provision limits the right to sue in court and participate in class actions. Restrictions Against Joinder of Claims: Arbitration is limited to individual claims, and class action proceedings are not permitted.
18. Termination by Company Herbs Dweet, LLC reserves the right to deny access to the Service to any user for any reason, including breach of this Agreement or violation of laws or regulations. Termination of this Agreement automatically terminates all rights granted under it.
19. Notices All notices under this Agreement must be in writing. Herbs Dweet, LLC may provide notices via email, and you agree that electronic notices fulfill any legal requirements for written notices.
20. General Entire Understanding. This contract represents the complete understanding between Herbs Dweet, LLC and you regarding your utilization of the Service. Partial Nullity. In case any part of this Agreement is declared void, invalid, or unenforceable by a legally competent court, such ruling shall not impact the validity of the remaining sections of this Agreement. The unaffected portions shall remain fully enforceable, and the parties acknowledge that they would have entered into the remaining parts even if the invalidated section were omitted. Modifications. Any alterations to this Agreement must be in writing and signed by an authorized executive of Herbs Dweet, LLC. Herbs Dweet, LLC may also unilaterally amend this Agreement, with such changes being posted publicly. Non-Abandonment. The failure by either party to enforce any term or condition of this Agreement, or any breach thereof, does not constitute a waiver of that term, condition, or breach in the present or future. Assignment. You cannot assign or transfer your rights or obligations under this Agreement without prior written consent from Herbs Dweet, LLC. This Agreement is binding on both parties and their successors and permitted assigns.
21. Independent Relationship. You and Herbs Dweet LLC are independent entities, and this Agreement does not establish any agency, partnership, joint venture, or employer-employee relationship between you. No Third-Party Rights. No third party is entitled to benefit from this Agreement, except for the Company Parties, Indemnitees, and Herbs Dweet, LLC’s licensors and suppliers, as expressly stated herein. Injunctive Relief. You acknowledge that any actual or potential violation of this Agreement or infringement of proprietary or third-party rights by you may cause irreparable harm to Herbs Dweet, LLC and its licensors and suppliers, entitling them to seek injunctive relief. Headings. The headings used in this Agreement are for convenience only and do not carry any legal or contractual significance.