Terms and Conditions on usage of Site & Products:
The terms and conditions on usage of our web site and products are set forth below. It is collectively a contract between Herbal Destination (HD for short) and any user, distributor, or customer. The terms and conditions might change from time to time and the site might be updated from time to time. A time stamp based on the last changes is provided whenever such changes are made to the site.
Herbal Supplements, Regulations:
Our website and our products are not intended to provide any medical advice, diagnose, cure, treat or prevent any diseases. All your medical decisions should be made by consulting your Physician/ Medical Doctor or your Health care professional. Before using any of our products you should check with your Healthcare Professional if herbal supplements are right for you. You should never substitute pharmaceutical drugs prescribed by your Physician with any of our supplements. You should also consult your Healthcare professional regarding any interactions between any medications that you are currently taking and our supplements. You should always carefully read all information provided by HD regarding usage of the Ayurvedic Health Supplements. Also, before starting any diet and exercise programs (like Yoga), please check with your Healthcare professional, if this is right for you.
Food and Drug Administration (FDA) and National Institute of Health (NIH) provide a wealth of information on Herbal supplements. Please go to their respective web sites and search for up to date information.
Purchases, Claims & Warnings:
Any purchases made via our web site or through one of our distribution partners or through our Retail locations will be subject to all terms and conditions set forth in this entire document. In addition to finding this information on our web site, you can request a hard copy or an email copy of these terms and conditions. Also, look for an abridged version of terms & conditions of the sales, as a product insert in all our supplements product boxes.
Any health claims that we make on all our products are mentioned on the carton. You agree to read all information before using our products. You also agree to read and abide the warnings on the product cartons, and on our web site.
Other Web Sites:
Links to third party web sites are provided as a convenience to you. HD does not endorse nor has any control on the contents of these sites. You will be using these sites at your own risk. HD will not be liable for any resulting claims made to you or damages caused to you by these sites.
Indemnification and Site Usage Clauses:
You agree to indemnify, defend and hold harmless HD against all claims, demands, causes of action, losses, expenses, damages and costs, including reasonable attorney’s fees, resulting or arising or relating to your use of or conduct on the web site as well as for purchases made through our retail locations, our dealers and distributors (with dealers / distributors, limited only to products made by HD), and any activity related to your account by you or any other person, any material that you submit to, post or transmit through the site, your breach of this agreement, your infringement or violation of any rights of another, or termination of your access to the site.
Web Site usage, Terms & conditions:
You agree that you are given the privilege of using HD web site. You agree to abide by all terms and conditions set forth in this document. You are responsible for maintenance of user names, passwords etc. If any of the information that is provided deemed harmful to HD, we reserve the right to suspend or terminate the account. You agree to and you are responsible for confidentiality of user names and passwords. You agree to notify HD of any unauthorized use of your identity, including usage of user names and passwords. You agree to be responsible for all charges resulting from use of your account on the web site, including charges resulting from unauthorized use of your account prior to taking steps to prevent such occurrences by changing your password and notifying HD. HD will not be liable for any losses or damages that arise out of your failure to comply with the conditions expressed in this document.
You agree to access our web site only through the interface provided by HD. Creating or maintaining links from other web sites without the expressed, written prior authorization of HD is prohibited. This site is meant to be accessed only for users that reside in USA and Canada. Site visitors from Canada are responsible for compliance of laws (including local laws) of both USA and that of Canada.
Either one of the parties can terminate this agreement at any time at will. If you like to terminate this agreement, it will coincide with termination of your account and all privileges that go with it. HD may also terminate this agreement at any time without notice and deny access to its web site. HD also reserves the right to make changes or modifications or suspending this site or these Terms and Conditions without notice. You agree that HD is not liable to you or to anyone when such changes are made.
You also agree that this site and products are meant for people 18 years of age or over. If you are under 18 years of age or a minor or if it comes to our attention that you are minor, we will suspend your account immediately without any notice.
Your registration would entitle for a free newsletter that's sent periodically to your registered email ID. The option of unsubscribing from this facility can be exercised through the EDIT PROFILE link in home page.
Limited Liability and Disclaimer Clauses:
You agree to use of this site at your own risk. You also agree that HD does not guarantee that the site will meet your requirements, or be secure, error free; the results that you get may not be accurate or reliable. You will be also solely responsible for any damages to your computer system and loss of any data that results from any downloads from HD web site.
HD expressly disclaims all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection and non-compliance with any printed directions and or those posted on web site.
You agree that HD is not liable for any damages arising out as a publisher of information, as a reseller of products or services, for any inaccurate information, for any defective products, for any unauthorized access to or transmissions or data. This is a comprehensive limitation of liability that applies to all damages of any kind including special, incidental, direct, indirect or consequential damages including damages for loss of business, loss of profits, loss of good will, loss of use, loss of data, cost of procuring substitute goods, services or information, litigation or the like. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between HD and you. The sole and entire maximum liability of HD for any reason and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from HD or any of its subsidiaries and dealers/ distributors (with dealers / distributors, limited only to products made by HD).
Certain jurisdictions may not allow disclaimer of certain warranties or limitations or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. In such situations the exclusions and liability are limited to the fullest extent permitted by the local law.
Severability and Interpretation Clauses:
If any of this agreement shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this agreement, the term “included” shall be deemed to be followed by the words “without limitation”.
Jurisdiction, Dispute Resolution and Applicable laws:
This agreement shall be governed by and construed in accordance with the laws of New York in the United States, without regard to its choice of law provisions. You agree to submit to personal jurisdiction in the state of New York and further agree that any cause of action arising from or relating to the use of this site, products or agreements shall be brought exclusively in the Federal or State courts residing in Suffolk County, New York, USA.
To the extent permitted by applicable laws in the State of New York, you and HD hereby waive the right to a trial by Jury and in any proceedings or litigations brought against the other with respect to this agreement. In addition, neither you nor HD shall be entitled to join or consolidate claims by or against other site users, or litigate any claim as a representative or class action or in a private attorney general capacity.
Entire Agreement and Other Clauses:
This agreement constitutes the entire and only agreement between HD and you with respect to the subject matter of this agreement and supersedes any and all prior or contemporaneous agreements, warranties, and understandings, representations, written or oral with subject matter of this agreement.
You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the web site or this agreement must be filed within one (1) year after such claim or action arose, or will forever barred. The “Limitation of Liability and Disclaimer Clauses” of this agreement is for the benefit of HD as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
Intellectual Policy clauses:
All information, logos, pictures and any information on the web site is the intellectual property of Herbal Destination a DBA or Trade Name (Trademark Pending) of EximUS Connections, located at 2387 New York Avenue, Huntington Station, New York 11746, USA. The websites and links www.HerbalDestination.Com, www.HerbalD.Com, www.Herbal-Destination.Com, www.Herbal-D.Com, www.DestinationHerbal.Com are trademarks of HD.
HD respects the intellectual property rights of others. If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the information to HD, so that necessary action can be taken. For details on type of information required please call or write to us.
Testimonials, Product Recalls and others:
For educational and for information purposes, HD might be providing Testimonials from users on our products. These would be strictly opinions expressed by our customers and not necessarily ones that we endorse or agree with. All the links, stories, articles posted on our site are from third parties and should not be used or construed as medical advise. Only your Medical Doctor can advise you on health matters.
If there are any product recalls issued by HD, we will make every attempt to contact all customers that purchased the particular product/ products via email and by posting information on our web site. It would be your best interest to register with HD with all your contact information so that we may contact you, if warranted.
Contact information:
For any questions or comments on this agreement please contact us at-
Herbal Destination
80 Orville Drive, #100,
Bohemia, NY 11716, USA
Tel: 631-421-1700
Fax: 631-421-8900
Email: Support@HerbalDestination.com or Support@Herbal-D.com
HD is not responsible for any pricing or typographical errors. Please contact the above address with any questions relating to errors.
Last Update on: Aug 2, 2012
