Terms of Use
Gaia Herbs Website and Meet Your Herbs Terms of Use
These Terms of Use (“Terms”) govern your use of the GaiaHerbs.com Web site (the “Site”), the Gaia Herbs smart phone application(s) known as “Meet Your Herbs” (the “Apps”), Gaia Herb’s Herbal Reference Guide, and associated content and services (collectively, the “Gaia Herbs Content”) and constitute an agreement between you and Gaia Herbs, Inc. (“Gaia Herbs”).
Your use of the Gaia Herbs Content is conditioned upon your acceptance and continued adherence to these Terms. If you do not wish to be bound by these Terms of Use, discontinue using and accessing the Gaia Herbs Content immediately.
You understand and agree that Gaia Herbs may modify these Terms at any time without prior notice, and such modifications will be effective upon our posting of the new Terms on the Site or for the Apps. You agree to review the Terms periodically so that you are aware of any modifications. Your continued use of the Gaia Herbs Content after any modifications indicates your acceptance of the modified Terms.
Disclaimers
Gaia Herbs Content includes information regarding specific Gaia Herbs product batches and lots. Gaia Herbs has made good-faith efforts to compile and present this information, but does not guarantee its accuracy or completeness.
The information, instructions, and general advice contained in the Gaia Herbs Content is intended only as a general reference for further exploration, and is not a replacement for professional health advice. The Gaia Herbs Content does not provide dosage information, format recommendations, toxicity levels, or possible interactions with prescription drugs or other items. We urge you to consult your qualified health care professional such as a naturopathic physician when using any of the Gaia Herbs Content. Do not disregard, avoid or delay obtaining medical or health-related advice from your health care professional because of the Gaia Herbs Content.
Developments in medical research may impact the information that appears here. No assurance can be given that the information contained in the Gaia Herbs Content will always include the most recent findings or developments with respect to the particular material.
Gaia Herbs does not recommend or endorse any specific physicians, procedures, or opinions that may be mentioned or included in the Gaia Herbs Content.
If you are in the United States and think you are having a medical or health emergency, call your health care professional, or 911, immediately.
The use of Gaia Herbs Content is solely at your own risk.
Privacy Policy
Protecting your privacy is important to us. Please consult our Privacy Policy to learn how we collect and treat your personal information. The Privacy Policy is incorporated by reference as part of these Terms.
Age Restrictions
In order to use the Gaia Herbs Content, you must be 13 years of age or older. If you are 13 years of age or older but less than 18 years old, you must request permission from your parent or guardian before accepting these Terms or using the Gaia Herbs Content. If you are registering on behalf of your minor child, you agree to accept responsibility for your child’s use of the Gaia Herbs Content.
Use of Gaia Herbs Content and Site
You may use the Gaia Herbs Content solely for your own personal benefit and you agree not to use the Gaia Herbs Content for any commercial use or in support of any other person or entity.
You may not use the Gaia Herbs Content to:
- Engage in or facilitate any illegal activity;
- Upload, transmit, or otherwise distribute any viruses or other harmful, disruptive, or destructive files;
- Interfere with or disrupt networks, systems, and/or computers used to provide the Gaia Herbs Content. You agree to comply with all regulations, policies, and procedures of such networks and systems.
- Advertise or offer to sell any goods or services unless you have Gaia Herbs’ written consent to do so;
- Restrict or inhibit any other user from using the Gaia Herbs Content;
- Collect or store personal information about other end users;
- Impersonate any person or entity, including, but not limited to, a Gaia Herbs representative, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Intellectual Property
All text, video, audio, sound, graphics, software, information and other materials made available as part of the Gaia Herbs Content, including but not limited to the look and feel of the Site and the Apps, are protected by copyright, trademark, and other intellectual property laws, and are owned solely by Gaia Herbs and its licensors. Except as expressly set forth in these Terms, you may not use, copy, distribute, display, or modify the Gaia Herbs Content.
You agree to access the Gaia Herbs Content only through the interface that is provided by Gaia Herbs for use in accessing the Gaia Herbs Content. You agree not to use any automated means, including but not limited to agents, robots, scripts, spiders, or screen scraping tools, to access, monitor, download, or copy any part of the Gaia Herbs Content, unless Gaia Herbs has provided prior written consent.
Gaia Herbs, GaiaHerbs.com, Meet Your Herbs, Plant Intelligence, our product names, and other of our slogans, phrases, marks, icons, and logos included with or accompanying the Gaia Herbs Content are our trademarks or registered trademarks. All other trademarks, service marks, logos, and trade names included with or accompanying the Gaia Herbs Content are trademarks or registered trademarks of their respective owners.
Links to Other Sites
The Gaia Herbs Content may contain links to other Web sites. Gaia Herbs will attempt to tell you when you are leaving the Gaia Herbs Content, but there may be instances when Gaia Herbs is unable to do so. Gaia Herbs is not responsible for the content, accuracy, or opinions expressed in other Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us.
Inclusion of any link on the Gaia Herbs Content does not imply approval or endorsement of the linked Gaia site by us. If you decide to leave the Site or Apps and access any third-party site, you do so at your own risk.
Limitations of Liability
In no event will Gaia Herbs be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including damages for any lost profits or lost data arising from your use of the Gaia Herbs Content, even if Gaia Herbs is aware of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Gaia Herbs’ liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to US $250. Certain state laws do 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 disclaimers, exclusions, or limitations in these Terms may not apply to you, and you may have additional rights.
Indemnity
You agree to indemnify and hold Gaia Herbs and its directors, officers, agents, contractors, partners and employees harmless from and against any damage, loss, liability, claim or demand, including reasonable attorneys’ fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of your use of the Gaia Herbs Content.
General Disclaimers
Gaia Herbs does not warrant or covenant that the Gaia Herbs Content will be available at any time or from any particular location, will be secure or error-free, or that the Gaia Herbs Content or its Content is free of viruses or other potentially harmful components. Gaia Herbs may also at its sole discretion modify or suspend the features, availability, operation and/or look and feel of the Gaia Herbs Content from time to time without notice to you.
Gaia Herbs is not responsible for any problems or technical malfunctions outside of Gaia Herbs’ reasonable control, including outages in telephone/data network or lines and problems or traffic congestion on the Internet. Under no circumstances will Gaia Herbs be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Gaia Herbs Content.
The Gaia Herbs Content is provided “as is,” and Gaia Herbs disclaims any and all warranties, whether express or implied, including without limitation, implied warranties of title, merchantability, fitness for a particular purpose, non-infringement, or arising out of a course of performance, course of dealing, or usage of trade. Gaia Herbs cannot guarantee and does not promise any specific results from use of the Gaia Herbs Content. Your use of the Gaia Herbs Content is at your own risk.
Feedback
Gaia Herbs has the perpetual, unrestricted right to use and disclose any questions, comments, suggestions, ideas, feedback, or other information relating to modifying or improving the Gaia Herbs Content and/or its processes and underlying software (“Feedback”), provided by you to us, whether solicited or unsolicited.
International Use
Gaia Herbs make no representations that the Gaia Herbs Content is appropriate or legally available for use in locations outside the United States. If you are accessing the Gaia Herbs Content from outside the United States, you are solely responsible for complying with all local laws.
Software Downloads and Export Controls
Software and related technologies that may be available in connection with the Gaia Herbs Content are subject to United States export controls. No software or related technologies may be downloaded from the Site, or otherwise exported or re-exported, in violation of United States export laws.
Governing Law
These Terms shall be governed by and construed in accordance with the substantive laws of the State of North Carolina, USA., without reference to conflicts of laws provisions. Any dispute or claim arising out of or in connection with these Terms shall be finally settled by binding arbitration in Asheville, North Carolina, in accordance with the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator. Judgment on the award rendered by the arbitrator may be confirmed, reduced to judgment, and entered in any court of competent jurisdiction. You agree that, any provision of applicable law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys’ fees. Gaia Herbs reserves the right to seek any interim, preliminary, or other equitable relief from a court of competent jurisdiction as necessary to protect its rights or its property or the rights or property of its agents, suppliers, and subcontractors.
In the event that the above arbitration provision is held invalid or unenforceable, then any dispute with respect to these Terms shall be brought and heard either in the North Carolina state courts located in Buncombe County, North Carolina, or the federal district court for the Western District of North Carolina located in Asheville, North Carolina. In such event, you consent to the personal jurisdiction and venue of such courts. You agree that service of process upon you in any such action may be made if delivered in person, by courier service, by facsimile, or by first class mail, and shall be deemed effectively given upon receipt.
Termination
Gaia Herbs may terminate or suspend your access to the Gaia Herbs Content and these Terms at any time without notice if you breach any provision of these Terms. In the event of termination, those Sections in these Terms which provide for continuing obligations on your part shall survive indefinitely.
Miscellaneous
Both you and Gaia Herbs agree that no partnership, agency, joint venture, or employment relationship is formed between you and us by your use of the Gaia Herbs Content and neither you nor Gaia Herbs have the power or the authority to obligate or bind the other. These Terms set forth the entire agreement between you and Gaia Herbs pertaining to your use of the Gaia Herbs Content. If any provision of these Terms is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of these Terms shall continue in full force and effect. Our failure to exercise any right or provision of these Terms shall not constitute a waiver of such right or provision.
If you do not agree to or are not able to abide by these Terms, you have no right to access or use the Gaia Herbs Content.
