Terms and Conditions
A. Confidentiality: Unless otherwise noted, all information received by Customer from Company (the “Seller”) is to be deemed confidential including but not limited to; pricing, product specifications, facility information and general know how.
B. Disclaimer of Warranties. SELLER SPECIFICALLY DISCLAIMS ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF CONDUCT OR USAGE OF TRADE. NO PERSON IS AUTHORIZED TO MAKE ANY OTHER WARRANTY OR REPRESENTATION CONCERNING THE PERFORMANCE OF THE PRODUCTS OTHER THAN AS PROVIDED IN THIS SECTION.
C. Third Party Beneficiary: Seller expressly disclaims any liability to or warranties made for the benefit of any third party, including, but not limited to, any third party to whom Customer may sell or transfer the goods which are the subject of this Agreement (“Agreement”). Notwithstanding the foregoing, these terms shall be binding upon Customer and all subsequent owners and users of these goods.
D. Exemption: Those customers who have either signed one of Seller’s policies or agreements OR if there is a separate agreement signed by both Seller and Customer then those Customers may be exempt from certain provisions of this Agreement. In this situation if a provision in the agreement Customer has signed conflicts with this Agreement then that provision in the signed agreement will supersede the provision herein and govern that subject matter. The remainder of provisions herein that do not conflict with provisions in such written agreement will be governed by the provisions in this Agreement.
E. Return Policy: Seller’s return policy and other business terms are located on Seller’s website under Return Policy. That Return Policy is hereby incorporated herein by reference. Please refer to the Seller’s website for more information.
F. Limitation of Liability: Seller shall not be responsible or held liable to Customer for indirect, consequential, incidental, special or exemplary damages, including but not limited to, loss of revenue or anticipated profits, loss of investment, loss of product, business interruption or lost business, personal injuries or any payments due for personal injury, even if Seller has been advised of the possibility of such damages. Notwithstanding the foregoing, any liability incurred by Seller, including obligations under any indemnity, shall be limited to the value of the products actually purchased by Customer from SELLER that gave rise to the claim or liability, and in no circumstances shall exceed the lesser of (i) Customer’s insurance deductible; (ii) $500,000 per occurrence, (iii) $1,000,000 in the aggregate. These terms shall apply regardless of the form of action, whether in contract, in tort (including negligence and strict liability) or otherwise, and extends to Seller’s employees, agents, and representatives as third-party beneficiaries.
G. Indemnification. Customer shall indemnify, defend and hold Seller, its successors, assigns and affiliates and their directors, officers, employees, agents, representatives and shareholders harmless from and against any and all claims, demands, losses, liabilities, costs, damages, and causes of action, including attorneys’ fees and costs, arising out of or in any way related to Customer’s negligence, acts or omissions, whether arising out of contract, tort, or otherwise, unless due to Seller’s willful acts or omissions.
H. Venue and Choice of Law: The Agreement shall be deemed entered into in the State of Florida and shall be construed and enforced in accordance with Florida law. The parties agree that the Florida courts shall have jurisdiction and shall be the proper place of venue with respect to any litigation relating to, or arising out of, this Agreement. The Customer waives the right to trial by jury in any action related to or arising from this Agreement.
I. Attorneys’ Fees and Costs: If Customer breaches the terms of this Agreement, Customer agrees to pay Seller all costs of the collection and enforcement of this Agreement, including attorneys’ fees and costs, whether incurred in or out of court.
J. Assignability: The Customer may not assign its rights or obligations under this Agreement without Seller’ consent. This Agreement shall be binding upon the parties hereto, their heirs, assigns or successors in interest by merger, operation of law, or by purchase of the entire or substantially all the business of either party.
K. Acknowledgment of Acceptance: All representations relating to the goods and services are contained in this Agreement. Customer acknowledges that, before accepting any goods and services from Seller, it has read and understood all terms and conditions herein, in particular Paragraph II titled “Warranties.” By accepting any products, Customer accepts the terms set forth herein.
L. Conflicts: The terms of this Agreement shall control if in conflict with the terms of the Customer’s purchase order.
M. Survival: The sections contained B, C, F, & G and all other sections providing for limitation of or protection against liability of Seller in this Agreement shall apply notwithstanding any other provision of this Agreement and shall survive termination, cancellation or expiration of this Agreement.
N. Severability: If all or any part of this Agreement is found invalid or unenforceable pursuant to judicial decree, the remainder shall remain valid and enforceable according to its terms. The parties further agree to replace any such void or unenforceable provision of this Agreement with a valid and enforceable provision which will achieve, to the extent possible, the economic, business, and other purposes of the void or unenforceable provision.
1. Use of Website and Website Material
2. Ownership of Content
3. No Medical Advice
The health information contained in this website is provided for educational purposes only and is not intended to replace discussions with a physician or other health care provider. Your use of this website and the Materials contained in this website is at your own risk. By using this website, you acknowledge that Blessed Herbs is providing the Materials for informational purposes only, and that Blessed Herbs is not providing the Materials to you for the purpose of giving you medical advice. You should not rely on the Materials when choosing a treatment plan, or evaluating any other medical advice regarding any disease or medical condition. Blessed Herbs strongly urges that you consult with a physician in connection with any and all treatment options that may be available to you and independently verify any treatment information on which you intend to rely.
6. Third-Party Sites, Products and Services; Links.
6.1. For the convenience of our visitors, this website may include links or references to other external websites or services (“Reference Sites”). Links on Reference Sites may lead to resources located on servers maintained by third parties over whom Blessed Herbs has no control. Blessed Herbs is not responsible for third party content or the consequences of your use of the Reference Sites. Blessed Herbs does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. While Blessed Herbs attempts to provide links only to third-party websites that comply with all applicable laws and regulations and Blessed Herbs standards, please understand that the content on these third-party websites is subject to change without notice. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk, and we therefore cannot be responsible for, and accept no liability for, any information or opinion contained in any third-party website. Blessed Herbs makes no warranties, express, statutory or implied, with respect to the Reference Sites. You acknowledge and agree that Blessed Herbs shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, materials, products, or services contained on or accessible through Reference Sites. 6.2. Blessed Herbs claims no ownership in, nor any affiliation with, any third-party trademarks appearing in this website. Such third-party trademarks are used only to identify the products and services of their respective owners, and no sponsorship or endorsement on the part of Blessed Herbs should be inferred from the use of these marks.
7. Expert Advice or Opinion.
As a useful resource to our visitors, this website may contain expert opinions. Information in this website identified as expert opinion, or accessed from this site by hyperlink, represents the opinions of these respective experts, which are not necessarily those of Blessed Herbs.
8. Disclaimer of Warranties
Blessed Herbs is committed to keeping this website up-to-date. This website has been developed as a service of Blessed Herbs for consumers seeking basic health care information. Like any other service, in spite of our efforts, the information in this website may become out of date over time, and may contain inaccuracies, technical inaccuracies and/or typographical errors, and the information may be changed periodically. Accordingly, Blessed Herbs does not guarantee the accuracy and completeness of any information contained in this website. This website and Materials are provided to you on an “AS IS” basis. BLESSED HERBS DISCLAIMS ANY AND ALL EXPRESS, STATUTORY, OR IMPLIED WARRANTIES WITH RESPECT TO THIS WEBSITE OR THE MATERIALS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
9. Limitation of Liability and Damages
11. Special Considerations for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical and personal data exported from the United States or the country in which you reside.
12. Applicable Law
13. Idea Submission.
Blessed Herbs does not accept unsolicited ideas for new products, packaging, marketing, advertising, research, business operations and the like. Should you ignore this policy and submit an idea to Blessed Herbs, you agree that the idea becomes and remains the sole and exclusive property of Blessed Herbs without further liability or compensation to you. Blessed Herbs welcomes your comments and suggestions on this website, but Blessed Herbs does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing its products or any new products. By submitting information, you warrant that Blessed Herbs may publish such information, use it as part of its operations, and incorporate its concepts in Blessed Herbs products without liability or compensation to you.
THE STATEMENTS ON THIS WEBSITE HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. THE PRODUCTS FEATURED ON THIS WEBSITE ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE.