Terms & Usage

Please read this agreement carefully. It governs your use of the De Herbal Garden Web Site (www.DeHerbalGarden.com) and the services provided through the web site (collectively the "Web Site"). It exempts De Herbal Garden and other persons from liability or limits their liability and contains other important provisions that you should read. Each time you use the Web Site you acknowledge and signify that you have read, understood, and agreed to be bound by this agreement. If you do not agree with each provision of this agreement each time you use the Web Site, you may not use the Web Site. Each time you use the Web Site, the text of this agreement as it then reads will govern your use.

Your Acceptance of this Agreement
Changes to this Agreement
Permitted Users and Access
Misprints and Errors, Product Availability, Prices, and Orders
No Advice or Solicitation
Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity
Termination of this Agreement and the Web Site
Information Submissions
Ownership and Permitted Use of the Web Site
Trade-mark Information
Linking and Framing the Web Site
Governing Law and Dispute Resolution
Other Matters

YOUR ACCEPTANCE OF THIS AGREEMENT
This is an agreement between you and De Herbal Garden ("De Herbal Garden"), and governs your use of the Web Site and its content and the services and goods provided through the Web Site. Each time you use the Web Site you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent (and for purposes of this Agreement, "person" includes any type of incorporated or unincorporated entity), without limitation or qualification, to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement, or you do not have the legal authority to agree to and accept this Agreement, you may not use the Web Site.

CHANGES TO THIS AGREEMENT
You may not change, supplement, or amend this Agreement in any manner De Herbal Garden may, in its sole discretion, change, supplement or amend this Agreement as it relates to your future use of the Web Site from time to time, for any reason, and without any notice or liability to you or any other person, by posting a revised Agreement on the Web Site.

PERMITTED USERS AND ACCESS
The Web Site may be used only by persons who have reached the age of majority or legal age in their jurisdictions and who can form legally binding contracts under applicable law. The Web Site may not be used by persons in jurisdictions where access to or use of the Web Site or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Web Site is lawful, and you must comply with all applicable laws.

MISPRINTS AND ERRORS, PRICES, AND RENTALS
De Herbal Garden endeavors to provide current and accurate information on the Web Site. Nevertheless, misprints or other errors may occur. Accordingly, De Herbal Garden reserves the right to change the prices, fees and charges regarding the services available through the Web Site at any time and from time to time without any notice or liability to you or any other person. Also, De Herbal Garden cannot guarantee that services advertised on the Web Site will be available when ordered or thereafter. De Herbal Garden also reserves the right at any time to reject, correct, cancel or terminate any order or reservation for any reason whatsoever. If you order services for which the price was incorrectly displayed, De Herbal Garden will provide you with an opportunity to place an order at the correct price.

The advertisements on the Web Site are invitations for purchase orders, and are not offers to sell. Your order constitutes your offer to purchase the services referenced in your order. Your order shall be deemed to be accepted only if and when De Herbal Garden confirms the order via email, phone or fax. The order acceptance email constitutes De Herbal Garden acceptance of your order. If you wish to cancel an order, you may request a cancellation by sending an email to sales[at]DeHerbalGarden.com. However, De Herbal Garden may not receive and process your cancellation request before it accepts and processes your order, in which case your cancellation request may not be effective.

NO ADVICE OR SOLICITATION
THE WEB SITE IS FOR CONVENIENCE AND INFORMATIONAL PURPOSES ONLY. THE WEB SITE IS NOT INTENDED TO BE A COMPREHENSIVE OR DETAILED STATEMENT CONCERNING THE MATTERS ADDRESSED; ADVICE OR RECOMMENDATIONS; OR AN OFFER TO SELL OR BUY ANY SERVICE. YOU SHOULD SEEK PROFESSIONAL ADVICE AND RECOMMENDATIONS BEFORE ACTING OR OMITTING TO ACT BASED UPON ANY INFORMATION PROVIDED ON OR THOUGH THE WEB SITE.

DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY
De Herbal Garden strives to make your use of the Web Site a useful and enjoyable experience, and a safe and easy way to purchase services from De Herbal Garden. Nevertheless, De Herbal Garden and its service providers do not accept any liability for your use of the Web Site. For that reason, the following provisions apply to your use of the Web Site:

DISCLAIMER
YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK.

THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE HEREBY DISCLAIMED BY De Herbal Garden AND THE PROVIDERS TO THE FULLEST EXTENT PERMITTED BY LAW.

THE OPERATION OF THE WEB SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND De Herbal Garden CONTROL. THE OPERATION OF THE WEB SITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED.

De Herbal Garden IS UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF USERS OF THE WEB SITE.

THROUGH YOUR USE OF THE WEB SITE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER PERSONS. ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. De Herbal Garden IS NOT A PARTY TO ANY SUCH TRANSACTIONS AND DISCLAIMS ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, De Herbal Garden AND ITS PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT:

THE WEB SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE;

THE WEB SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;

THE INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY;

CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE USE OF THE WEB SITE;

THE USE OF THE WEB SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR

THE USE OF THE WEB SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON;

AND De Herbal Garden AND ITS PROVIDERS DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.

LIABILITY EXCLUSION

De Herbal Garden WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEB SITE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY De Herbal Garden OR ANY PROVIDER OR ANY PERSON FOR WHOM De Herbal Garden OR ITS PROVIDERS ARE RESPONSIBLE, AND NOTWITHSTANDING THAT De Herbal Garden OR ITS PROVIDERS MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.

RELEASE

YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF De Herbal Garden AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEB SITE.

INDEMNITY

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF De Herbal Garden AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE WEB SITE OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENCE OF ANY SUCH CLAIM OR DEMAND.

ADVICE AND INFORMATION PROVIDED BY De Herbal Garden OR ITS REPRESENTATIVES, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.

The exclusion of certain warranties and the limitation of certain liabilities is prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.

The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this Agreement survive indefinitely after the termination of this Agreement

TERMINATION OF THIS AGREEMENT AND THE WEB SITE

If you breach any provision of this Agreement, you may no longer use the Web Site.

De Herbal Garden may at any time and for any reason, with or without cause, and in its sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the Web Site, all without any notice or liability to you or any other person.

De Herbal Garden may at any time and for any reason, with or without cause, and in its sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the Web Site, all without any notice or liability to you or any other person.

If this Agreement or your permission to use the Web Site is terminated by you or De Herbal Garden for any reason, this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Web Site and your purchases of goods and services through the Web Site and anything connected with, relating to or arising from those matters.

INFORMATION SUBMISSIONS

All information you provide through the Web Site, including registration information (name and email address), and transaction-related information, must be true, accurate, current and complete.

De Herbal Garden will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, De Herbal Garden or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change. De Herbal Garden may require a copy of a government-issued form of identification before making any changes to your registration information.

OWNERSHIP AND PERMITTED USE OF THE WEB SITE

The Web Site and all information (in text, graphical, video and audio forms), images, icons, software, design, applications and other elements available on or through the Web Site are the property of De Herbal Garden, its Providers and others, and are protected by American and international copyright, trade-mark, and other laws. Your use of the Web Site does not transfer to you any ownership or other rights in the Web Site or its content. You may only use the Web Site in the manner described specifically in this Agreement.

The Web Site may not be used for any purpose not expressly permitted by this Agreement. In particular, except as expressly stated otherwise in this Agreement, the Web Site may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of De Herbal Garden. You may not use any of the software that is used in the operation of the Web Site except while you are use the Web Site. You may not reproduce, copy, duplicate, sell, or resell any part of the Web Site (including the software used in the operation of the Web Site) or access to the Web Site.

The Web Site is made available to you for your lawful use only. You may access and browse the Web Site using commercially available, SSL-capable Web browser software. You may print or download the pages of the Web Site for your personal use provided that you do not modify any of the Web Site pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers.

TRADE-MARK INFORMATION

De Herbal Garden, the De Herbal Garden logo, the De Herbal Garden logo and other De Herbal Garden owned trade-marks appearing on the Web Site, are registered and unregistered trade-marks and trade names owned by or licensed to De Herbal Garden. Other product and company names and logos appearing on the Web Site may be registered or unregistered trade-names, trade-marks and service-marks of their respective owners.

Any use of the trade-names, trade-marks, service-marks and logos (collectively "Marks") displayed on the Web Site, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Web Site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Web Site.

LINKING AND FRAMING THE WEB SITE

Links to the Web Site without the express written permission of De Herbal Garden are strictly prohibited. To request permission to link to the Web Site, please contact sales[at]DeHerbalGarden.com. De Herbal Garden reserves the right to cancel and revoke any permission it may give to link to the Web Site at any time, for any reason, without any notice, and without any liability to you or any other person. The framing of the Web Site or any of its content in any form and by any method is strictly prohibited.

POSTINGS AND UNSOLICITED SUBMISSIONS

You may not use technologies in connection with your use of the Web Site or to post comments, communications, or any other data of any kind to or on the Web Site with the intention that such postings may be viewed by other users of the Web Site.

De Herbal Garden does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names. The purpose of this policy is to avoid potential misunderstandings or disputes. Accordingly, please do not send any unsolicited ideas, suggestions or other materials ("Submissions") to De Herbal Garden or the Web Site.

If you send Submissions to De Herbal Garden or the Web Site you automatically grant (or warrant that the owner of the Submissions grants) to De Herbal Garden and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of De Herbal Garden or its assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favor of De Herbal Garden and its assigns.

GOVERNING LAW AND DISPUTE RESOLUTION

The Web Site is controlled by De Herbal Garden from New Orleans, Louisiana. This Agreement, your use of the Web Site, and all related matters are governed solely by the laws of the New Orleans, Louisiana and applicable federal laws of The United States Of America, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws.

Any dispute between De Herbal Garden and you or any other person arising from, connected with or relating to the Web Site, this Agreement or any related matters must be resolved before the Courts of Louisiana sitting in New Orleans, and you hereby irrevocably submit and atone to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter.

Any claim or cause of action you may have arising from, connected with, or relating to your use of the Web Site, this Agreement, or any related matters must be commenced in a court of competent jurisdiction in the City of New Orleans, within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.

OTHER MATTERS

If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.

The provisions of this Agreement will ensure to the benefit of and be binding upon each of De Herbal Garden and its Providers and each of their respective successors and assigns and related persons, including without limitation De Herbal Garden, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of De Herbal Garden, which may be withheld in De Herbal Garden sole discretion. De Herbal Garden may assign this Agreement and its rights and obligations under this agreement without your consent.

No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

You and De Herbal Garden are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the Web Site.

Any rights not expressly granted by this Agreement are reserved to De Herbal Garden.

This Agreement is subject to change without notice.