Terms of Service

These Terms of Use establish a legally binding agreement between you, whether as an individual or on behalf of an entity (referred to as "you"), and Herbshell, the brand owned and operated by Herbshell LLC ("Company," "we," "us," or "our"), governing your access to and usage of the Herbshell website, available at https://www.herbshell.com, as well as any other related media forms, channels, mobile websites, or mobile applications associated with Herbshell (collectively, the "Site"). By accessing the Site, you affirm that you have read, comprehended, and consent to abide by all the provisions set forth in these Terms of Use. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE, AND YOU MUST DISCONTINUE YOUR USAGE IMMEDIATELY.

Additional terms and conditions or documents that may be posted on the Site periodically are explicitly integrated into these Terms of Use by reference. We retain the right, at our sole discretion, to effect changes or amendments to these Terms of Use at any time and for any reason. We will notify you of such changes by updating the "Last updated" date of these Terms of Use, and you waive any entitlement to receive individual notice of each alteration. It is your responsibility to regularly review these Terms of Use to stay informed about any updates. Your continued use of the Site following the posting of revised Terms of Use signifies your acceptance of the changes outlined in those updated Terms of Use.

The information presented on the Site is not intended for distribution to, or use by, any individual or entity in any jurisdiction or country where such distribution or utilization would contravene any applicable laws or regulations or impose registration requirements on us within that jurisdiction or country. As such, individuals who choose to access the Site from locations outside our primary jurisdiction do so at their own initiative and bear sole responsibility for complying with local laws, to the extent that such laws are applicable.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

HerbShell is not just a brand; it is a lifestyle, a holistic approach to well-being that encompasses not only the products we offer but also the knowledge, support, and inspiration we provide.

We are honored to share the treasures of Ayurveda and the Himalayan region with you, and we are committed to nurturing, healing, and uplifting individuals on their path to well-being, naturally and holistically.

Welcome to HerbShell, where nature's wisdom meets eternal wellness.

Intellectual Property Rights

Unless explicitly stated otherwise, Herbshell retains ownership of the Site, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics presented on the Site (collectively referred to as the "Content"). Additionally, the trademarks, service marks, and logos featured on the Site (the "Marks") are either owned by us, under our control, or licensed to us. These assets are safeguarded by copyright and trademark laws, along with various other intellectual property rights and laws governing unfair competition within the United States, international copyright laws, and international agreements. The Content and Marks are made available on the Site "AS IS" for your information and personal use exclusively. Unless explicitly permitted in these Terms of Use, no part of the Site, Content, or Marks may be copied, duplicated, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our prior written consent.

As long as you are eligible to use the Site, we grant you a limited license that allows you to access and utilize the Site, as well as download or print sections of the Content, but only when you have rightfully gained access, and exclusively for your personal, non-commercial use. We retain all rights that are not expressly granted to you concerning the Site, Content, and Marks.

User Representations

By utilizing the Site, you declare and warrant that:

• All registration information you provide is true, accurate, current, and complete.
• You will keep this information accurate and promptly update it when necessary.
• You possess the legal capacity to agree to these Terms of Use and commit to complying with them.
• In the jurisdiction in which you reside, you are not a minor.
• You will not access the Site through automated or non-human means, including bots, scripts, or any other automated processes.
• You will not employ the Site for any unlawful or unauthorized purposes.
• Your use of the Site will not breach any applicable laws or regulations.
• If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

User Registration

To access certain features of Herbshell, you may be required to register on our site. You agree to maintain the confidentiality of your password and take full responsibility for all activities associated with your account and password. Herbshell reserves the right to remove, reclaim, or alter a username you choose if we determine, at our sole discretion, that such username is inappropriate, obscene, or objectionable.

Products

We make every effort to provide accurate representations of the colors, features, specifications, and details of the products available on the Herbshell website. However, we cannot guarantee that the colors, features, specifications, and details of the products will always be accurate, complete, reliable, current, or free from errors. Please note that the actual colors and details of products may differ from what you see on your electronic display. All products are subject to availability, and we cannot guarantee that items will always be in stock. Herbshell retains the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

Purchase and Payment

We accept the following forms of payment:

• Visa
• Mastercard
• American Express
• Discover

By making purchases through the Herbshell website, you agree to provide current, complete, and accurate purchase and account information. You further commit to promptly update your account and payment information, including your email address, payment method, and payment card expiration date, so that we can process your transactions and contact you when necessary. Sales tax may be added to the price of purchases as required by applicable laws. We reserve the right to adjust prices at any time. All payments must be made in U.S. dollars.

You agree to cover all charges at the prices in effect at the time of your purchases, as well as any applicable shipping fees, and you authorize Herbshell to charge your chosen payment method for these amounts upon placing your order. If your order involves recurring charges, you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We maintain the right to rectify any errors or mistakes in pricing, even if payment has already been requested or received.

We reserve the right to reject any orders placed through the Herbshell website. In our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These limitations may include orders placed using the same customer account, the same payment method, and/or orders with the same billing or shipping address. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

Return/Refunds Policy

Please review our Return Policy, which is posted on the Herbshell website, before making any purchases.

Prohibited Activities

Your use of the Herbshell website should align with its intended purpose. The site should not be utilized for any commercial activities except those explicitly endorsed or approved by Herbshell.

As a user of the Herbshell website, you agree not to:

• Systematically retrieve data or other content from the site to create or compile a collection, compilation, database, or directory without written permission from us.
• Make unauthorized use of the site, including collecting usernames and/or email addresses of users for unsolicited email or creating user accounts through automated means or false pretenses.
• Utilize the site for advertising or selling goods and services.
• Bypass, disable, or otherwise interfere with security features of the site, including features designed to prevent or restrict the use or copying of any content, or to enforce limitations on site usage and content.
• Engage in unauthorized framing or linking to the site.
• Attempt to impersonate another user or person, or use another user's username.
• Sell or transfer your profile.
• Use information obtained from the site to harass, abuse, or harm another person.
• Use the site in competition with Herbshell or for any revenue-generating or commercial purposes.
• Attempt to reverse engineer, decompile, disassemble, or decipher any site software.
• Circumvent measures intended to prevent or restrict site access, or any part of it.
• Harass, intimidate, or threaten our employees or agents involved in providing the site to you.
• Remove copyright or other proprietary rights notices from any content.
• Copy or adapt the site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Upload or transmit viruses, Trojan horses, or other malicious material, engage in spamming, or use excessive capital letters that disrupt others' use and enjoyment of the site.
• Upload or transmit any material that acts as an information collection or transmission mechanism, such as clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies, or similar devices.
• Use or develop any automated system, including spiders, robots, scrapers, or offline readers, to access the site, or to launch unauthorized scripts or software.
• Disparage, tarnish, or otherwise harm Herbshell or the site in our opinion.
• Use the site in a manner inconsistent with applicable laws or regulations.
• Use a buying or purchasing agent to make purchases on the site.

User Generated Contributions

At Herbshell, you may have the opportunity to engage in chats, contribute to blogs, participate in message boards, online forums, and other interactive functionalities. You may also be able to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Herbshell website, collectively referred to as "Contributions." Please note that Contributions may be visible to other users of the Herbshell website and, in some cases, through third-party websites. Consequently, any Contributions you share may not be treated as confidential or proprietary. When you create or provide Contributions, you hereby affirm and guarantee that:

• Your Contributions do not and will not infringe upon the proprietary rights of any third party, including but not limited to copyrights, patents, trademarks, trade secrets, or moral rights.
• You are the creator and owner of your Contributions or possess the necessary licenses, rights, consents, releases, and permissions to use and authorize us, the Herbshell website, and other users of the site to employ your Contributions as outlined in the site and these Terms of Use.
• You have obtained written consent, releases, and permissions from all identifiable individuals featured in your Contributions to use their names or likenesses in accordance with the site and these Terms of Use.
• Your Contributions are truthful, accurate, and not misleading.
• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or any other form of solicitation.
• Your Contributions are not obscene, vulgar, lascivious, indecent, violent, harassing, defamatory, slanderous, or otherwise offensive, as determined by us.
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse any individual or entity.
• Your Contributions do not endorse, incite, encourage, or threaten physical harm or violence against another person.
• Your Contributions do not violate any applicable laws, regulations, or rules.
• Your Contributions do not infringe upon the privacy or publicity rights of any third party.
• Your Contributions do not contain material that solicits personal information from anyone under the age of 18 or exploits individuals under the age of 18 in a sexual or violent manner.
• Your Contributions do not violate any applicable laws regarding child pornography or the protection of minors' health and well-being.
• Your Contributions do not include offensive comments related to race, national origin, gender, sexual orientation, or physical disabilities.
• Your Contributions do not otherwise breach, or link to material that violates, any provision of these Terms of Use or any applicable law or regulation.

Any usage of the Herbshell website that contravenes the above guidelines is a violation of these Terms of Use and may lead to consequences such as the suspension or termination of your access to the site and its offerings.

Contribution License

By posting your Contributions on any part of the Herbshell website, you automatically grant us an unrestricted, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to use, host, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute your Contributions (including, but not limited to, your image and voice) for any purpose, whether commercial, advertising, or otherwise. This license extends to the creation of derivative works from your Contributions and their incorporation into other works. It also includes the grant and authorization of sublicenses of the aforementioned rights. This license applies to any media format and channel, both present and future.

This license encompasses the use of your name, company name, and franchise name (if applicable), as well as any trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights associated with your Contributions and affirm that moral rights have not been asserted in your Contributions.

Herbshell does not claim ownership of your Contributions. You retain complete ownership of your Contributions and any associated intellectual property or other proprietary rights. We bear no responsibility for any statements or representations made in your Contributions, and you agree not to hold us liable for any legal actions arising from your Contributions.

In our sole and absolute discretion, we may:

• Edit, redact, or otherwise modify any Contributions.
• Recategorize Contributions to place them in more appropriate locations on the Herbshell website.
• Pre-screen or delete Contributions at any time and for any reason, without prior notice. We are under no obligation to monitor your Contributions.

Guidelines for Reviews

We may provide designated areas on the Herbshell website for you to leave reviews or ratings. When posting reviews, you must adhere to the following criteria:

• You should possess firsthand experience with the individual/entity being reviewed.
• Reviews should not contain offensive profanity, abusive language, racism, hate speech, or discriminatory references based on various factors.
• Reviews should not reference illegal activities.
• You should not have affiliations with competitors when posting negative reviews.
• Conclusions regarding the legality of conduct should not be made.
• False or misleading statements should not be included in reviews.
• Campaigns to encourage others to post reviews, whether positive or negative, are prohibited.
• Reviews should not violate any applicable laws, regulations, or rules.

We may, at our discretion, accept, reject, or remove reviews. We are not obligated to screen or delete reviews, even if they are considered objectionable or inaccurate. Reviews are not endorsed by us and may not reflect our opinions or the views of our affiliates or partners. We are not liable for any review or any claims, liabilities, or losses resulting from any review. By posting a review, you grant us an assignable, sublicensable, perpetual, non-exclusive, worldwide, royalty-free, fully-paid license to use, modify, translate, transmit, display, perform, distribute, and reproduce all content related to the review.

Submissions

By providing us with any questions, comments, suggestions, ideas, feedback, or other information about Herbshell or the products and services offered ("Submissions"), you acknowledge and agree that these Submissions are non-confidential and will become the sole property of Herbshell. We shall have exclusive rights, including all intellectual property rights, and may use, disseminate, and employ these Submissions for any lawful purpose, whether commercial or otherwise, without the need for acknowledgment or compensation to you. Additionally, you hereby relinquish all moral rights related to these Submissions, and you affirm that they are either original or that you possess the necessary rights to submit them. You agree not to hold us accountable for any alleged or actual infringement or misappropriation of any proprietary rights in your Submissions.

Third-Party Websites and Content

The Herbshell website may contain links to other websites ("Third-Party Websites"), and it may also feature articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or materials originating from third parties ("Third-Party Content"). We want to clarify that we do not investigate, monitor, or validate the accuracy, appropriateness, or completeness of Third-Party Websites and Third-Party Content. Therefore, we are not responsible for any Third-Party Websites accessible through Herbshell or any Third-Party Content posted on, available through, or installed from Herbshell, including the content's accuracy, offensiveness, opinions, reliability, privacy practices, or other policies. The inclusion of links to Third-Party Websites or the permission to use or install Third-Party Content does not imply our approval or endorsement of these entities. Should you decide to leave Herbshell to access Third-Party Websites or use or install Third-Party Content, you do so at your own risk, and these Terms of Use will no longer apply. We advise you to review the terms and policies, including privacy and data collection practices, of any website you visit from Herbshell or any applications you use or install from Herbshell. Any purchases made on Third-Party Websites are transacted on those websites, not Herbshell, and we bear no responsibility for such purchases, which are exclusively between you and the respective third party. You also acknowledge that we do not endorse the products or services offered on Third-Party Websites, and you release us from any liability arising from your purchase of such products or services. Furthermore, you absolve us of any losses or harm you may incur as a result of or in connection with Third-Party Content or interactions with Third-Party Websites.

Site Management

We retain the right, though not the obligation, to:

• Monitor the Site for violations of these Terms of Use.
• Take appropriate legal action against individuals who, in our sole discretion, violate the law or these Terms of Use, including reporting such individuals to law enforcement authorities.
• Refuse, limit access to, restrict the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof at our sole discretion and without limitation.
• Remove from the Site or otherwise disable all files and content that are excessive in size or place an undue burden on our systems at our sole discretion and without notice.
• Otherwise manage the Site to safeguard our rights and property and facilitate the proper functioning of the Site and the Marketplace Offerings.

Privacy Policy

We prioritize data privacy and security. Please review our Privacy Policy: [Insert Privacy Policy URL]. By utilizing the Site or the Marketplace Offerings, you agree to be bound by our Privacy Policy, which is integrated into these Terms of Use. Please be aware that the Site and the Marketplace Offerings are hosted in the United States. If you access the Site or the Marketplace Offerings from regions outside the United States with laws or requirements governing personal data collection, use, or disclosure that differ from U.S. laws, you are transferring your data to the United States through your continued use of the Site, and you explicitly consent to the transfer and processing of your data in the United States.

Digital Millennium Copyright Act (DMCA) Notice and Policy - Notifications

We respect the intellectual property rights of others. If you believe that any material available on or through Herbshell infringes upon any copyright you own or control, please promptly notify our Designated Copyright Agent using the contact information provided below (a "Notification"). A copy of your Notification will be forwarded to the individual who posted or stored the material mentioned in the Notification. It's important to note that making material misrepresentations in a Notification may result in liability for damages in accordance with federal law. Therefore, if you are uncertain whether material located on or linked to Herbshell infringes your copyright, we recommend consulting with an attorney first.

All Notifications should meet the requirements specified in DMCA 17 U.S.C. § 512(c)(3) and include the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works on the Site are involved, a representative list of such works.
• Identification of the material claimed to be infringing or the subject of infringing activity, with enough information to allow us to locate the material.
• Contact details for the complaining party, including an address, telephone number, and email address.
• A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the Notification is accurate, and the complaining party is authorized to act on behalf of the owner of an exclusive right allegedly infringed upon.

Counter Notification

If you believe that your copyrighted material has been mistakenly removed from Herbshell or that it has been misidentified, you have the option to submit a written counter notification to us, the Designated Copyright Agent, using the provided contact information (a “Counter Notification”). To be considered an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:

• Identification of the material that has been removed or disabled and the location where it appeared on Herbshell before removal or disabling.
• A statement indicating your consent to the jurisdiction of the Federal District Court in which your address is located, or, if your address is outside the United States, for any judicial district in which we are situated.
• A statement indicating your willingness to accept service of process from the party that filed the original Notification or their agent.
• Your name, address, and telephone number.
• A statement, made under penalty of perjury, affirming that you have a good faith belief that the material in question was removed or disabled due to a mistake or misidentification of the material to be removed or disabled.
• Your physical or electronic signature.

If you send us a valid, written Counter Notification that meets the aforementioned requirements, we will reinstate your removed or disabled material, unless we receive notice from the party who filed the original Notification, informing us of a court action filed to restrain you from engaging in infringing activity regarding the material in question. It's important to note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be held liable for damages, including costs and attorney's fees, for filing a false Counter Notification.

Term and Termination

These Terms of Use shall remain effective as long as you use Herbshell. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RETAIN THE RIGHT TO, AT OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF HERBSHELL AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY INDIVIDUAL FOR ANY REASON OR NO REASON. THIS INCLUDES, WITHOUT LIMITATION, FOR VIOLATION OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF HERBSHELL, PARTICIPATION IN THE SITE, DELETE YOUR ACCOUNT, AND REMOVE ANY CONTENT OR INFORMATION YOU POSTED AT ANY TIME WITHOUT WARNING AND IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fictitious name, or the name of any third party, even if you may be acting on behalf of a third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including civil, criminal, and injunctive remedies.

Modifications and Interruptions

We have the right to change, modify, or delete the content on Herbshell at any time and for any reason at our sole discretion without notice. However, we are not obligated to update any information on Herbshell. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of Herbshell or the Marketplace Offerings.

We cannot guarantee that Herbshell and the Marketplace Offerings will always be available. We may encounter hardware, software, or other issues or need to perform maintenance on Herbshell, which may result in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify Herbshell or the Marketplace Offerings at any time or for any reason without notifying you. You agree that we are not liable for any loss, damage, or inconvenience caused by your inability to access or use Herbshell or the Marketplace Offerings during any downtime or discontinuance of Herbshell or the Marketplace Offerings. These Terms of Use do not obligate us to maintain or support Herbshell or the Marketplace Offerings or provide any corrections, updates, or releases.

Governing Law

These Terms of Use and your use of Herbshell and the Marketplace Offerings are governed by and construed in accordance with the laws of the State of North Carolina that apply to agreements made and performed entirely within the State of North Carolina, without regard to its conflict of law principles.

Dispute Resolution

INFORMAL NEGOTIATIONS

To expedite the resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the “Disputes”) initiated by either you or us (individually, a “Party” and collectively, the “Parties”), both Parties agree to initially attempt to resolve any Dispute (except for those expressly excluded below) informally for at least thirty (30) days before initiating arbitration. These informal negotiations commence upon written notice from one Party to the other.

BINDING ARBITRATION

If the Parties fail to resolve a Dispute through informal negotiations, the Dispute (excluding those expressly excluded below) will be conclusively and exclusively resolved through binding arbitration. YOU ACKNOWLEDGE THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO LITIGATE IN COURT AND HAVE A JURY TRIAL.

Restrictions

The Parties mutually agree that any arbitration proceedings shall exclusively address individual Disputes between the Parties to the fullest extent permissible by law. The following conditions apply:

• Arbitration may not be combined with any other legal proceedings.
• Arbitration cannot be conducted on a class-action basis or employ class action procedures.
• Arbitration may not be pursued in a purported representative capacity on behalf of the general public or any other individuals.

Exceptions to Informal Negotiations and Arbitration

The Parties concur that the following Disputes are not subject to the previously outlined provisions concerning informal negotiations or binding arbitration:

• Any Disputes aiming to enforce or safeguard, or concerning the validity of, the Company's intellectual property rights.
• Any Dispute related to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use.
• Any claims seeking injunctive relief.

In the event that this provision is found to be illegal or unenforceable, neither Party will opt for arbitration for Disputes falling within the portion of this provision considered illegal or unenforceable. Such Disputes shall instead be adjudicated by a competent court within the jurisdictions mentioned above, and both Parties agree to submit to the personal jurisdiction of that court.

Corrections

Information on the Site may contain typographical errors, inaccuracies, or omissions related to the Marketplace Offerings, including descriptions, pricing, availability, and other details. We maintain the right to rectify any such errors, inaccuracies, or omissions and to modify or update Site information at our discretion without prior notification.

Disclaimer

THE SITE IS OFFERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOUR UTILIZATION OF THE SITE SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR UTILIZATION THEREOF. THIS INCLUDES, BUT IS NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR CONTENT ON ANY LINKED WEBSITES, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR:

• ERRORS, MISTAKES, OR INACCURACIES IN CONTENT AND MATERIALS.
• PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE ARISING FROM YOUR ACCESS TO AND USE OF THE SITE.
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, PERSONAL INFORMATION, OR FINANCIAL INFORMATION STORED THEREIN.
• INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE.
• BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR MALICIOUS SOFTWARE TRANSMITTED TO OR THROUGH THE SITE BY THIRD PARTIES.
• ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY LINKED WEBSITE, OR ANY BANNER OR OTHER ADVERTISING ON THE SITE. WE SHALL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. WHEN MAKING A PURCHASE THROUGH ANY MEDIUM OR ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHEN APPROPRIATE.

Limitations of Liability

UNDER NO CIRCUMSTANCES WILL WE, OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES. THESE MAY INCLUDE LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION ARISING. CERTAIN U.S. STATE LAWS AND INTERNATIONAL LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnification

You undertake to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

• Your Contributions.
• Your use of the Site.
• Breach of these Terms of Use.
• Breach of your representations and warranties set forth in these Terms of Use.
• Violation of the rights of a third party, including but not limited to intellectual property rights.
• Any overt harmful act toward any other user of the Site with whom you connected via the Site.

While retaining the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, we agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware of it.

User Data

We will maintain certain data you transmit to the Site for managing Site performance and data relating to your Site usage. You are solely responsible for all data you transmit or that relates to any activity you undertake using the Site. We shall have no liability to you for any loss or corruption of such data. You hereby waive any right of action against us arising from any such loss or corruption of data.

Electronic Communications, Transactions, and Signatures

Your interactions with the Site, such as visiting, sending us emails, and filling out online forms, constitute electronic communications. By doing so, you consent to receiving electronic communications. You also acknowledge that all agreements, notices, disclosures, and other communications provided to you electronically, whether via email or on the Site, meet all legal requirements for written communication. YOU HEREBY CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH US OR VIA THE SITE. Furthermore, you waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that demand an original signature or the delivery or retention of non-electronic records, or necessitate payments or granting of credits through non-electronic means.

In the event you choose to receive marketing text messages from us, either through our website or by sending a text message indicating your consent, you provide your prior express written consent to receive recurring marketing or promotional SMS text messages from us (referred to as "Text Messages") sent using an automatic telephone dialing system. These Text Messages may include cart abandon messages. The frequency of these messages may vary. This service is entirely optional and is not a prerequisite for making a purchase. You can opt out of further Text Messages from us at any time by replying "STOP" to any Text Message you receive from us. For assistance, reply "HELP" to any Text Message or email textsupport@wunderkind.co. In addition to any fees of which you are notified, your mobile provider may charge message and data rates for our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. To ascertain the charges for data usage and Text Messages, please consult your mobile service carrier's pricing plan. Neither we nor our affiliates will be liable for any SMS messaging or wireless charges incurred by you or any person with access to your wireless device or telephone number. If your carrier does not permit SMS messages, you may not receive our Text Messages. Neither we nor the wireless carriers (such as T-Mobile) will be responsible for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is contingent on effective transmission by your network operator. Text Message services are provided on an "AS IS" basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider's name, and the date, time, and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and provide the services you request from us. For more details on how we use telephone numbers, please read our Privacy Policy: Gaia Herbs®. If you change or deactivate the phone number you provided, you have an affirmative obligation to update your account information and the phone number(s) associated with your account. This ensures that we do not inadvertently communicate with anyone who acquires phone number(s) previously attributed to you. Any new phone number(s) attached to your account may receive our standard marketing Text Messages unless you also unsubscribe using the aforementioned procedures.

California Users and Residents

If you have any unresolved complaints with us, you have the option to contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. You can reach them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

Miscellaneous

These Terms of Use, along with any policies or operating rules posted on the Site or regarding the Site, constitute the entire agreement and understanding between you and us. Our failure to enforce any right or provision of these Terms of Use does not waive that right or provision. These Terms of Use operate to the fullest extent permitted by law. We may assign our rights and obligations, in whole or in part, to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any force majeure or other causes beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is considered severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. These Terms of Use do not create a joint venture, partnership, employment, or agency relationship between you and us. You agree that these Terms of Use will not be construed against us solely because we drafted them. Additionally, you waive any defenses based on the electronic form of these Terms of Use and the absence of signatures by the parties to execute these Terms of Use.

Contact Us

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

Herbshell LLC

contact@herbshell.com