1. Purpose
Welcome to the iHierba website (the “Site”). This iHierba Terms of Use Agreement (the “Agreement”) sets out the agreement between iHierba and its affiliated companies (together, “we”, “us” or “our”) and each user (“user”, “you” or “your”) governing your use of the Site and the iHierba Privacy Policy (the “Privacy Policy”). Please read this Agreement carefully before using the Site or disclosing any personal information to us.
By using the Site or disclosing any personal information to us: (i) you confirm that you have read and understand the terms of this Agreement, (ii) you accept and agree to be bound by the terms of this Agreement, and (iii) you accept and agree to comply with all laws and regulations applicable to the subject matter of this Agreement.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE SITE IN ANY WAY AND DO NOT DISCLOSE ANY PERSONAL INFORMATION TO US.
The terms of use contained in this Agreement may change from time to time and may be revised at any time, in our sole discretion, by updating this page. You should visit this page periodically to review the then-current terms of use, as they are binding on you. Your continued use of the Site means that you accept any changes or modifications to this Agreement. If any modification is unacceptable to you, your only remedy is to terminate this Agreement by contacting Customer Service. Certain provisions of the terms of use contained in this Agreement may be supplemented or replaced by legal notices or specific terms located on particular pages of the Site.
RISK OF LOSS / TRANSFER OF TITLE:
All purchases of products are made in accordance with the delivery and payment conditions indicated at the time you place your order on the Site. Unless otherwise required by applicable law in your country, title to and risk of loss for any products you purchase pass to you when you receive the package from the courier or postal operator.
2. Not Healthcare Advice
The products and claims made about specific products on or through the Site have not been evaluated by the United States Food and Drug Administration and are not approved to diagnose, treat, cure or prevent disease.
The Site is not intended to provide diagnosis, treatment or medical advice. Products, services, information and other content provided on the Site, including information that may be provided directly on the Site or by linking to third-party websites, are provided for informational purposes only. You should always consult a physician or other healthcare professional regarding any medical or health-related diagnosis or treatment options.
Information provided on the Site and on linked websites, including information relating to medical and health conditions, treatments and products, may be provided in a summary form. Information on the Site, including any product label or packaging, should not be considered a substitute for advice from a healthcare professional. The Site does not recommend self-management of health issues. Information on the Site is not comprehensive and does not cover all diseases, ailments, physical conditions or their treatment. Contact your healthcare professional promptly should you have any health-related questions. Never disregard or delay medical advice based upon information you may have read on the Site.
Links to or access from third-party websites or resources do not constitute an endorsement of any information, product or service. We are not responsible for the content or performance of any third-party websites. Use of any third-party websites is at your own risk.
You should not use the information or services on the Site to diagnose or treat any health issues or for the prescription of any medication or other treatment. You should always consult with your healthcare professional and read information provided by the product manufacturer and any product label or packaging before using any medication, nutritional, herbal or homeopathic product, or before beginning any exercise or diet program or starting any treatment for a health issue. Individuals are different and may react differently to different products. You should consult your physician about possible interactions between medications you are taking and nutritional supplements. Comments made in any forums on the Site by employees or users of the Site are strictly their own personal views made in their personal capacity and are not claims made by us, nor do they represent our positions or views. Product ratings by any current or former employees or Site users are strictly their own personal views made in their personal capacity and are not intended as a substitute for appropriate medical care or advice from a healthcare professional. We are not liable for any information provided on the Site with regard to recommendations regarding supplements for any health purposes.
Always check the product label or packaging prior to using any product. If there are any discrepancies, customers should follow the information provided on the product label or packaging. You should contact the manufacturer directly for clarification as to product labeling and packaging details and recommended use.
3. Product Purchases
To the extent that you make purchases on the Site, you agree that such purchases are governed by the delivery, payment and return conditions indicated at the time you place your order on the Site and by the information published on our delivery and return pages. Title to and risk of loss for any products you purchase will be determined in accordance with those conditions and with applicable law in your country of residence.
4. Usage & Termination
By using our Site you represent and agree that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in this Agreement. If you are under the age of 18, you are not permitted to use this Site.
You must provide your name and phone number information to use certain features, such as making a purchase. You agree to provide accurate, true, complete and current information about yourself as requested on the Site and to promptly update such information to keep it accurate, true, complete and current. If you provide any inaccurate, false, incomplete or outdated information, or if we in our sole discretion suspect that such information is inaccurate, false, incomplete or outdated, we reserve the right to prohibit any and all current or future use of the Site, or any portion of it, by you. You are responsible for maintaining the confidentiality of your information. We are not liable for any loss or damage resulting from your failure to comply with this section.
You agree to use the Site for lawful purposes and acknowledge that you are responsible for your use of the Site and for your communications on the Site. You agree not to post or transmit on the Site any unlawful, infringing, defamatory, obscene, indecent, threatening, offensive or otherwise objectionable material of any kind, including any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, infringe intellectual property or other rights, or otherwise violate any applicable local, national or international law or regulation. You agree not to use the Site in any manner that could interfere with its normal operation or with any other person’s use of the Site.
We make no representation that the materials contained on the Site or that products described or offered on the Site are appropriate or available for use in all jurisdictions, or that this Agreement complies with the laws of every country. Users who access the Site from other jurisdictions do so on their own initiative and at their own risk and are responsible for complying with all applicable laws and regulations in their country or place of residence. You agree not to access the Site from any location or territory where its content is illegal and acknowledge that you, and not us, are responsible for compliance with all applicable laws and regulations.
This Agreement is effective until terminated by either you or us. We may, in our sole discretion, suspend or terminate this Agreement at any time, without prior notice, and deny you access to the Site or any portion of it. You may terminate this Agreement at any time by contacting Customer Service and discontinuing all use of the Site. Upon termination, you must destroy all materials obtained from the Site, including all copies of such materials, whether made under the terms of this Agreement or otherwise. We also reserve the right to modify or discontinue, temporarily or permanently, the Site or any portion of it, with or without notice.
The following sections will survive any termination of this Agreement by you or us: Privacy, Liability Disclaimer, Severability; Interpretation, and Miscellaneous.
5. Privacy
Your privacy and security are a priority at iHierba. Please review the iHierba Privacy Policy, which applies to personal information obtained from you or provided by you on the Site.
6. Indemnification
You agree to indemnify, defend and hold harmless iHierba from and against all losses, expenses, costs and damages, including reasonable attorneys’ fees, resulting from (a) your use of or contact with the Site, (b) your use of or inability to use the Site or any services, (c) any products or services purchased or obtained by you in connection with the Site, (d) any postings or content made on the Site through your account or contact details, (e) your violation of any term of this Agreement, (f) your violation of any rights of a third party, or (g) your violation of any applicable laws, rules or regulations. You agree to cooperate as reasonably required in the defense of any such claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will remain responsible for indemnifying us for such claim, including our reasonable attorneys’ fees and expenses, in addition to any losses, claims, damages and liabilities incurred by us. You shall not in any event settle any matter without the prior written consent of iHierba.
7. Copyright and Other Intellectual Property
You acknowledge that all materials on the Site, including the Site’s design, text, graphics, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, the “Materials”), are our property and are subject to and protected by Georgian and international copyright and other intellectual property laws and rights. iHierba grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Materials only in the manner permitted by iHierba for your personal, non-commercial use (the “License”). This License remains in effect until this Agreement is terminated by either you or us in accordance with this Agreement. Any unauthorized use of the Materials is grounds for termination of the License. All rights not expressly granted herein are reserved by iHierba and its licensors. Other copyrights, product names, company names, logos or other intellectual property are the property of their respective owners, with all rights reserved.
8. Agreement
This Agreement constitutes the entire agreement between you and us with respect to the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous agreements, representations, warranties and understandings, whether written or oral, with respect to the subject matter of this Agreement.
9. Severability; Interpretation
If any provision of this Agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remainder of this Agreement will remain in full force and effect. When used in this Agreement, the term “including” will be deemed to be followed by the words “without limitation”.
10. Applicable Law; Jurisdiction; Dispute Resolution and Class Waiver
All questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by and construed in accordance with the laws of Georgia, without giving effect to any choice-of-law or conflict-of-law rules.
To the fullest extent permitted by law, you and the iHierba entities agree to arbitrate any controversy, claim or dispute arising out of or in any way related to this Agreement, including but not limited to claims based on contract, tort, negligence, or statutory or regulatory provisions. EACH PARTY IS GIVING UP ITS RIGHT TO SUE IN COURT AND TO HAVE ANY SUCH CONTROVERSY, CLAIM OR DISPUTE HEARD BY A JUDGE OR JURY.
YOU AND THE IHierba ENTITIES EXPRESSLY AGREE TO ARBITRATE ANY CONTROVERSY, CLAIM OR DISPUTE ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT. THIS AGREEMENT TO ARBITRATE ALSO APPLIES TO THRESHOLD ARBITRABILITY ISSUES, INCLUDING ISSUES RELATED TO WHETHER THE AGREEMENT IS UNENFORCEABLE OR UNLAWFUL AND ANY DEFENSE TO ARBITRATION. YOU ALSO AGREE THAT ANY ARBITRATION MAY ONLY BE BROUGHT IN YOUR AND OUR INDIVIDUAL CAPACITIES, NOT AS A CLASS, PURPORTED CLASS OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL OR ENTITY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.
The mutual promise by you and the iHierba entities to arbitrate any and all disputes, and to do so on an individual basis, rather than to litigate before the courts or other bodies, is the mutual consideration for this agreement to arbitrate.
Either party may exercise the right to arbitrate by providing the other party with written notice of any and all claims forming the basis of such right, in sufficient detail to inform the other party of the substance of such claims. In no event shall the request for arbitration be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations.
Unless you and the iHierba entities otherwise agree, the arbitration will be conducted in the county where you reside, by a single neutral arbitrator and in accordance with the then-current rules for resolution of disputes. The parties are entitled to representation by an attorney or other representative of their choosing. The parties agree to abide by and perform any award rendered by the arbitrator. The arbitrator shall issue the award in writing and state the essential findings and conclusions on which the award is based. Judgment on the award may be entered in any court having jurisdiction thereof.
11. Miscellaneous
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
The failure of iHierba to enforce your strict performance of any term of this Agreement will not constitute a waiver of such term and will not be considered a waiver or limit iHierba’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action will be permanently barred. The “Liability Disclaimer” provisions of this Agreement are for the benefit of the iHierba entities as defined in this Agreement, and each of these persons or entities shall have the right to assert and enforce these provisions directly against you in its own name.
12. Contact Us
If you have any questions about this Agreement, please contact our Customer Service team.
