Terms and Conditions

Acceptance of The Terms of Use

These terms of use are entered into by and between You and Pacific Botanicals, LLC (“Pacific Botanicals” “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of herb.pharm.com, including any content, functionality and services offered on or through herb-pharm.com (the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.herb-pharm.com/privacy-policy and incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Pacific Botanicals and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes To The Terms Of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Accessing The Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Pacific Botanicals, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not:

• Modify copies of any materials from this site.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@herb-pharm.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Pacific Botanicals. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Pacific Botanicals name and all related names, logos, product and service names, designs, and slogans are trademarks of Pacific Botanicals or its affiliates or licensors. You must not use such marks without the prior written permission of Herb Pharm. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate Pacific Botanicals, an Pacific Botanicals employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing). To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Pacific Botanicals or users of the Website or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

Reliance On Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Pacific Botanicals, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Pacific Botanicals. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes To The Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
• Link to any part of the Website other than the homepage.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the state of Oregon in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.

Your use of the website, its content, and any services or items obtained through the website is at your own risk. The website, its content and any services or items obtained through the website are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. neither Pacific Botanicals nor any person associated with Pacific Botanicals makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the website. Without limiting the foregoing, neither Pacific Botanicals nor anyone associated with Pacific Botanicals represents or warrants that the website, its content, or any services or items obtained through the website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our website or the server that makes it available are free of viruses or other harmful components, or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.

Pacific Botanicals hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Limitation on Liability

In no event will Pacific Botanicals, its affiliates or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites or any services or items obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential ,or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract ,or otherwise, even if foreseeable.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

Indemnification

You agree to defend, indemnify, and hold harmless Pacific Botanicals, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule (whether of the State of Oregon or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website will be instituted exclusively in the federal courts of the United States or the courts of the State of Oregon in each case located in the City of Portland and County of Multnomah. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these terms of use or the website must be commenced within one year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

Waiver and Severability

No waiver by Pacific Botanicals of any term or condition set forth in these Terms of Use will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Herb Pharm to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Pacific Botanicals with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

This website is operated by Pacific Botanicals, LLC.

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@herb.pharm.com

Purchase Order Terms and Conditions

By Selling goods included on this PO, Seller acknowledges and accepts the following:

Description of Goods/Receiving Goods:

All goods purchased from Seller by Pacific Botanicals pursuant to the purchase order will conform in every manner to the pre-ship sample, specifications or other descriptions provided to Pacific Botanicals. If, upon receiving the goods, Pacific Botanicals determines the material does not conform to the pre-ship sample, Pacific Botanicals will contact the Seller to either arrange to return the goods or request a cost reduction for labor involved in further cleaning the goods.

Changes:

Pacific Botanicals may make changes in specifications, quantities, delivery schedules or methods of shipment or packaging at any time. If such changes result in an increase or decrease in cost, an equitable adjustment of price and delivery schedules may be made.

Payment:

The payment terms will be 30 days net (unless otherwise specified in writing in advance) measured from the date Pacific Botanicals receives the goods and invoice.

Returns:

Pacific Botanicals, at its reasonable discretion, has the right to return all or any portion of the non-conforming goods to the Seller as determined by Pacific Botanicals for full reimbursement. This includes any goods purchased from seller that are non-conforming during the manufacturing process regardless if the pre-ship sample was approved. Seller will pay all freight charges incidental to the return in the event the material is returned for non-conformance.

Representation and Warranties:

Seller represents and warrants to Pacific Botanicals that (1) all information Seller provides is and will be true and correct; (2) The goods are and will be genuine and not adulterated, misbranded or mislabeled within the meaning of the Federal Food, Drug and Cosmetic Act to include being free from pesticides and GMO’s; (3) the goods will not be subject to any import quote, restriction, rule or regulation preventing the importation of sale of the goods, and will not be subject to any duty, tariff, or penalty (except as disclosed in writing prior to the issuance of the PO); (4) the goods will be consistent in quality and free from all defects; (5) The goods will be safe and appropriate for the purpose for which goods of that kind are normally used (ingestion); (6) the goods comply with and have been produced in compliance with all applicable federal, state and local laws, regulations, rules, guidelines, ordinances and standards in jurisdictions where the goods may be sold.

Inspection and Tests:

All goods ordered will be subject to inspection and test by the Buyer (or buyer’s customer) to the extent practicable at all times and places, including the period of manufacture. It is expressly agreed that inspections and/or payments prior to manufacturing will not constitute final acceptance. If the goods delivered do not meet Pacific Botanicals' specifications or otherwise do not conform with the requirements of this order at any time during the manufacturing process, Pacific Botanicals has the right to reject such goods or negotiate a reduction in price/lb to cover remediation. This could mean not paying for an inordinate amount of extraneous material, extra processing/handling expense because of extraneous material, and/or steam treatment and associated costs if material doesn't meet AHPA'srecommended biological specs.

Indemnity:

Seller will indemnify, defend and hold Pacific Botanicals and its affiliates, officers, employees, agents and assignees harmless from and against any and all liabilities, injuries, damages, settlements, penalties, fines and other losses of every kind, including but not limited to attorney’s fees and other costs and expenses incurred by or imposed upon them as a result of or in connection with any recall of goods associated with these goods whether voluntary or involuntary which involves any actual or alleged violation or breach by the seller or any of the seller’s representations, warranties, covenants or obligations.

Remedies:

In the event of any actual or anticipated breach or default by Seller of any of Seller’s representations, warranties, covenants or obligations, Pacific Botanicals may cancel any PO or any part thereof, reject and return all or any portion of goods delivered, revoke acceptance of all or any portion of goods, or accept and retain all goods. Seller will pay all freight charges incidental to the return of goods pursuant to this paragraph and will immediately refund Pacific Botanicals any payments made for goods. If Seller does not authorize the return of goods or refuses to accept any returned goods, Pacific Botanicals may dispose of such goods in any manner and deduct from any pending payments all losses, damages, claims costs and expenses incurred by Pacific Botanicals in connection with such goods. In addition, Pacific Botanicals retains its right to pursue all other remedies available to it under the law or in equity.

Governing Law:

This Agreement and the legal relationship between Seller and Pacific Botanicals will be governed by Oregon law, without regard to conflicts of law principles. Any legal action or proceeding with respect to this Agreement may be brought only in the courts of the State of Oregon, or in the United States District Court, Josephine County.