Last Updated: February 7, 2019
California Use Only
The Service is controlled and operated by the Company from its offices in the State of California. The Company makes no representation that any of the materials or the Service to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Service should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
You must create an account and provide certain information about yourself (become a “Member”) in order to use some of the features that are offered through the Service. You can create a Member account either by direct registration on the Service, or via a social login from your authorized social networking service account (Facebook or Google+, each an “SNS”). If you wish to access the Service via your SNS credentials, you must have a valid account on the SNS through which you connect to the Service, which will then enable you to complete registration on the Service. Your membership account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. You may use your account settings to control your Member Profile.
When you sign up to become a Member, you must complete the registration process by providing the complete and accurate information requested on the registration form. You may also be asked to provide your email address, as well as choose a user name and password. Member accounts are limited to one account per person. You may not create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple Membership Accounts. Additionally, you may not impersonate someone else.
You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify the Company immediately of any unauthorized use of your account, user name, or password. You are solely responsible for any and all use of your account, and the activity that occurs on your account.
The Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
By providing the Company with your email address, you consent to our use of the email address to send you Service-related notices, including, among other things, notices required by law, in lieu of postal mail. We may also use your email address to send you other messages, including changes to Service features, marketing messages, and special offers. If you do not want to receive such email messages, you may opt out by clicking on the “unsubscribe” link at the bottom of the email, sending us an email at marketing@PapasHerb.com or by sending mail to the following postal address:
55 Ericson Ct.,
Arcata, CA 95521
Opting out may prevent you from receiving email messages regarding updates, improvements, or special offers.
Product Purchases, Billing and Payment
You acknowledge that Company may charge a fee for the use of any Services, provided that Company notifies you of any such fee before you incur it. Subject to the foregoing, you agree to pay any fees incurred by you. Member agrees to pay for all products ordered through the Service. Fees owed depend on the specific type and quantity of Company products, services, information, or deliverables (collectively “Products”) ordered. Payment of fees shall not be contingent on any events other than the receipt of the ordered Products. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Member. If payment is not current, Company may immediately cease to provide any and all Products to the Member.
When ordering a Product from our Service, you must provide accurate and complete information as requested in order for us to process your transaction. It is the Member’s responsibility to promptly provide Company with any contact or billing information changes or updates (including phone number, email address, physical address, credit card numbers, etc.). Account updates should be made by contacting us at accounts@PapasHerb.com
All sales are final, non-cancelable, and non-refundable except as expressly set forth in this Agreement or as otherwise determined by us in our sole discretion.
All prices specified on the Service are recommended retail prices. Prices are current at the time of publication and are subject to change without notice. All pricing is in United States dollars.
Member will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with the Member’s purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Company reserves the right to collect such taxes or other fees from you at any time.
You grant the Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting the Company, its affiliates, subsidiaries, parents, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Site, its affiliates, subsidiaries, parents, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content.
You will not be compensated for any User Content. You agree that the Company may publish or otherwise disclose your name in connection with your User Content in its sole and absolute discretion. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
The Company has the right but not the obligation to monitor and edit or remove any activity or content in its sole and absolute discretion.
Compliance with Intellectual Property Laws
When accessing the Site or using the Service, you agree to obey by the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.
You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by all laws regarding copyright ownership and the use of intellectual property, and you shall be solely responsible for and indemnify the Company against and damages resulting from, any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your login information. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
The Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. The Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of the Company or of a third party, or otherwise violated any intellectual property laws or regulations.
The Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material; (d) information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at:
Attn: Website Administrator
55 Ericson Ct.,
Arcata, CA 95521
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Service in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser. Illegal and/or unauthorized use of the Service, including collecting and/or harvesting personally identifiable information, including usernames and/or email addresses of Members, by electronic or other means for the purpose of sending spam, unsolicited email or unauthorized framing of or linking to the website is prohibited. You agree not to use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages. Appropriate legal action will be taken for any illegal or unauthorized use of the Service.
The Company hereby disclaims all warranties. The Service is provided on an “as is” and “as available” basis. The Service is provided without warranties of any kind. You assume the risk of any and all damage or loss from use of, or inability to use, the Service. To the maximum extent permitted by law, the company expressly disclaims any and all warranties, express or implied, regarding the Service, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or noninfringement. Without limiting the foregoing, the Company, its Affiliate entities, subsidiaries, and licensors do not warrant that the content within the Service is accurate, reliable, or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location; that the Service will be uninterrupted, secure, or error-free; that any defects in the Service will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download.
The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service and the Company will not be a party to or in any way monitor any transaction between you and any third-party providers of products or services.
The Company’s liability to you is limited. To the maximum extent permitted by law, in no event shall the Company, its Affiliate entities, officers, directors, employers, agents or licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages of any kind (including, but not limited to, damages for lost profits, goodwill, use, lost data, or other intangible losses) regardless of the foreseeability of those damages, arising out of or in connection with your use of, or inability to use, the Service.
To the maximum extent permitted by applicable law, the Company assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of Content on the Service; (ii) any unauthorized access to or use of our servers and/or any and all personal information stored therein; (iii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, including any purchases made therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, worms, trojan horses, or the like that may be transmitted to or through the Service by any third party; (vi) user content that is defamatory, offensive, infringing, or user conduct that is illegal. In no event shall the Company, its Affiliate entities, officers, directors, employers, agents or licensors be liable to you for any claims, proceedings liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to the Company hereunder.
This limitation of liability section shall apply regardless of whether the alleged damages arise out of breach of contract, tort, or any other legal theory or form of action, even if the Company has been advised of the possibility of such damage.
The Company has no control over, and no liability for any third party websites or materials. The Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither the Company nor the Site has control over the content and performance of these partner and affiliate sites, the Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and the Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that the Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content. Your dealings with or participation in promotions of advertisers to which you opt-in and/or find on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that the Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
The Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
All contents of Site or Service are: Copyright © 2019 Papa’s Herb, 55 Ericson Ct., Arcata, CA 95521. All rights reserved.
All trademarks, service marks, and trade names of the Company used on the Site or Service are trademarks or registered trademarks of the Company.
By registering your mobile device or providing us with your mobile phone number, you agree to receive such SMS-based communications to the mobile number associated with your registered mobile device. To opt-out of receiving these SMS-based communications, follow the instructions in the body of the SMS message. In the event you elect to opt-out of such SMS-based communications, you may receive an additional message from the Service confirming your election. The Company does not warrant that the text messaging service will be uninterrupted or error free.
Though you may access the Service via a mobile device, DLR shall not be liable for any delay in performing or failure to perform any obligation hereunder by circumstances beyond our reasonable control including (without limitation) any technical problems beyond the control of DLR such as (for example) defects, congestion or failures of capacity or otherwise in the public data or telephone or mobile carrier network or caused by atmospheric interference, your mobile device being turned off for an extended period of time so that messages are not retained, or your being unable to obtain mobile network coverage.
Class Action Waiver
Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action.
Your access and continued use of the site signifies your explicit consent to this waiver.
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by the Company or by any third party.
Availability and Use Outside of the United States
The Service is controlled, offered and operated from facilities in the United States. The Company makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals located in the United States. Notwithstanding the foregoing, the Company retains all rights, including all intellectual property rights, to the Service and the content therein, throughout the world.
The Company may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Company in our sole discretion. Company reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in this Agreement.
California User Notice
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.