PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING CHINESEHERBSDIRECT.COM (THE “SITE”) OR ORDERING PRODUCTS OR SERVICES FROM US. BY ACCESSING THE SITE OR ORDERING PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS THE SITE OR ORDER PRODUCTS OR SERVICES. CHD MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

Exclusive Terms.  The following terms of use and conditions of sale (the "Agreement") constitute a legal agreement between you and Herbs Direct, LLC D/B/A Chinese Herbs Direct (“CHD”). These terms and conditions are the exclusive terms and conditions by which CHD's products are sold to the Customer. CHD expressly rejects all other conditions of sale, imposed by the customer, in whatever form, before or after sale, unless expressly approved in writing and signed by an authorized officer of CHD. By accessing, browsing and/or using this Site and/or ordering products or services from CHD, you acknowledge that you have read, understand, and agree to be bound by this Agreement and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to this Agreement, do not use this Site.

YOU SHOULD ALWAYS SPEAK WITH A HEALTHCARE PROFESSIONAL BEFORE TAKING ANY DIETARY, NUTRITIONAL, HERBAL OR HOMEOPATHIC SUPPLEMENT. CHD does not warrant and shall have no liability for information provided in this site regarding recommendations concerning supplements for any and all health purposes. This information is provided solely as a guideline to be used when discussing a program with a healthcare professional. The products and related statements on this site have not been evaluated by the U.S. Food and Drug Administration (FDA). These products are not intended to diagnose, treat, cure or prevent any disease. The information provided on this site is for informational purposes only and is not intended as a substitute for advice from your physician, licensed herbalist or other health care professional or any information contained on or in any product label or packaging. CHD is an online retailer only, and does not offer personal medical, acupuncture, healthcare, herbal or nutritional advice or consultation. Notwithstanding the fact that CHD may include product cautions and contraindications on this web site, this information is not intended to be complete or comprehensive and it may not cover every health-related matter and every possible health-related issue. Please note that ingredients and recommended dosage instructions, if any, are included solely as general information and are may not be current. Dosage and ingredient information may change without notice, and you should rely only on the dosage and ingredient information printed on the product you receive. You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should consult with a healthcare professional before starting any diet, exercise or supplementation program, before taking any medication, or if you have or suspect you might have a health problem. Unless specifically recommended on the product label, our products are not intended for children under the age of 18, pregnant women or women nursing a baby.

The information contained in this Site is presented in summary form only and intended to provide broad consumer understanding and knowledge of selected herbal topics. The information should not be considered complete and should not be used in place of a visit, call, consultation or advice of your physician or other health care provider. CHD and the Site do not recommend the self-management of health problems. Information obtained by using the Site is not exhaustive and does not cover all health conditions or their treatment. Should you have any health care-related questions, please call or see your physician or other health care provider. You should never disregard medical advice or delay in seeking it because of something you have read in this Site. If you are under medical care or taking prescriptions, you should consult with your physician as to the impact of CHD products on your health.

Separate charges for shipping and handling will be shown on CHD's invoice(s), as well as California sales tax if the shipping address is within the State of California.  Title to products passes from CHD to you on shipment from CHD's facility. Customer is conclusively deemed to have received the package upon issuance of a delivery confirmation by USPS or any licensed carrier. You are solely responsible for following local customs and import laws for international deliveries, and CHD is not responsible for any local taxes, duties, or customs charges assessed. CHD products that are purchased directly from CHD may be returned in accordance with CHD's "Money Back Guarantee" in effect on the date of the invoice.

CHD content is compiled from a variety of sources ("Information Providers"). Neither CHD nor any Information Provider shall be responsible for information provided herein under any theory of liability or indemnity. Liability of CHD or Information Providers, if any, for damages (including, without limitation, liability arising out of contract, negligence, strict liability, tort or patent or copyright infringement) shall not exceed the monies paid by the user for the particular product or service provided. In no event shall CHD or any Information Provider be liable for any damages other than the amount referred to above, and all other damages, direct or indirect, special, incidental, consequential or punitive, are hereby excluded even if CHD or Information Provider has been advised of the possibility of such damages.

Some links on the site will allow you to connect with sites that are not under our control. CHD is providing these links only as a convenience. The appearance of a link does not imply CHD endorsement, nor is CHD responsible for the contents of any linked site.

Information accessed through this Site is provided "AS IS" and without warranty, express or implied. All implied warranties of merchantability and fitness for a particular use or purpose are hereby excluded. CHD and Information Providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information. CHD and Information Providers cannot and do not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. CHD is not responsible for updating information contained here, which may be rendered obsolete based upon subsequent medical developments.

The copyright in all material provided on this Site is held by CHD or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of CHD or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without CHD's permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

You agree to grant to CHD a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of the Service (such as Product Reviews and Forums) by all means and in any media now known or hereafter developed. You agree that you shall have no recourse against CHD for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.

CHD DOES NOT AND CANNOT REVIEW ALL COMMUNICATIONS AND MATERIALS POSTED OR UPLOADED TO THE SITE AND IS NOT RESPONSIBLE FOR THE CONTENT OF THESE COMMUNICATIONS AND MATERIALS. HOWEVER, CHD RESERVES THE RIGHT TO BLOCK OR REMOVE COMMUNICATIONS OR MATERIALS THAT IT DETERMINES TO BE (A) ABUSIVE, DEFAMATORY, OR OBSCENE, (B) FRAUDULENT, DECEPTIVE, OR MISLEADING, (C) IN VIOLATION OF A COPYRIGHT, TRADEMARK OR; OTHER INTELLECTUAL PROPERTY RIGHT OF ANOTHER OR (D) OFFENSIVE OR OTHERWISE UNACCEPTABLE TO CHD AT ITS SOLE DISCRETION. ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.

The Site may undergo continual update and revision. CHD may revise and discontinue products at any time. CHD reserves the right to cancel outstanding orders or limit order quantity at any time without notice. Prices and promotions are subject to change without notice. CHD is not responsible for typographical errors.

You agree to indemnify, defend and hold harmless CHD, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account.

CHD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  

CHD DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS FOR ANY REASON. CHD WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.

Any claim, dispute or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims) against CHD, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, "CHD") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), CHD's advertising, any related purchase, including the validity of this arbitration clause shall be resolved exclusively and finally by binding arbitration administered by the National Arbitration Forum (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com , or via telephone at 1-800-474-2371). The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between Customer and CHD. The arbitration shall be held in Los Angeles County, California at the office of CHD, by telephone, or online. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Information may be obtained and claims may be filed at any office of the NAF or at P.O. Box 50191, Minneapolis, MN 55405.

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of law. You agree that any legal action or proceeding between CHD and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Los Angeles County, California. You hereby waive your right to a jury trial in any action with respect to the subject matter of this Agreement. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises. CHD's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. CHD may assign its rights and duties under this Agreement to any party at any time without notice to you. Trademarks and service marks appearing on the Site may be owned by CHD or by other parties not affiliated with CHD.

CHD may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Site, or by written communication delivered by first class U.S. mail to your address on record in CHD's account information. You may give notice to CHD at any time by letter delivered by certified first class postage prepaid U.S. mail or overnight courier to the following address:

Chinese Herbs Direct
2675 Skypark Dr, Suite 102
Torrance, CA 90505

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