Welcome to Talking Herbals Inc.
Talking Herbals Inc and its affiliates provide their services to you subject
to the following conditions:
If you visit or shop at Talking Herbals Inc, you accept these conditions,
please read them carefully. In addition, when you use any current or future
Talking Herbals Inc service or visit or purchase from any business affiliated
with Talking Herbals Inc, whether or not included in the Talking Herbals Inc
Web site, you also will be subject to the guidelines and conditions applicable
to such service or business.
Please review our Privacy Notice, which also governs your visits to the Talking
Herbals Inc website, to understand our practices.
When you visit Talking Herbals Inc or send e-mails to us, you are communicating
with us electronically, you consent to receive communications from us electronically.
We will communicate with you by e-mail or by
posting notices on this site. You agree that all agreements, notices, disclosures
and other communications
that we provide to you electronically satisfy any legal requirement that such
communications be in writing.
All content included on this site, such as text, graphics, logos, button icons,
images, audio clips, digital
downloads, data compilations, and software, is the property of Talking Herbals
Inc or its content suppliers and protected by United States and international
copyright laws. The compilation of all content on this site is the exclusive
property of Talking Herbals Inc and protected by U.S. and international copyright
laws. All software used on this site is the property of Talking Herbals Inc
or its software suppliers and protected by United States and international
LICENSE AND SITE ACCESS
Talking Herbals Inc grants you a limited license to access and make personal
use of this site and not to download (other than page caching) or modify it,
or any portion of it, except with express written consent of Talking Herbals
Inc. This license does not include any resale or commercial use of this site
or its contents; any collection and use of any product listings, descriptions,
or prices; any derivative use of this site or its contents; any downloading
or copying of account information for the benefit of another merchant; or any
use of data mining, robots, or similar data gathering and extraction tools.
This site or any portion of this site may not be reproduced, duplicated, copied,
sold, resold, visited, or otherwise exploited for any commercial purpose without
express written consent of Talking Herbals Inc. You may not frame or utilize
framing techniques to enclose any trademark, logo, or other proprietary information
(including images, text, page layout, or form) of Talking Herbals Inc and our
affiliates without express written consent. You may not use any meta tags or
any other "hidden text" utilizing Talking Herbals Inc's name or
trademarks without the express written consent of Talking Herbals Inc. Any
unauthorized use terminates the permission or license granted by Talking Herbals
Inc. You are granted a limited, revocable, and nonexclusive right to create
a hyperlink to the home page of Talking Herbals Inc so long as the link does
not portray Talking Herbals Inc, its affiliates, or their products or services
in a false, misleading, derogatory, or otherwise offensive manner. You may
not use any Talking Herbals Inc logo or other proprietary graphic or trademark
as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer, and
you agree to accept responsibility for all activities that occur under your
account or password. Talking Herbals Inc does sell products for children, but
it sells them to adults, who can purchase with a credit card. If you are under
18, you may use Talking Herbals Inc only with involvement of a parent or guardian.
Talking Herbals Inc and its affiliates reserve the right to refuse service,
terminate accounts, remove or edit content, or cancel orders in their sole
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; and submit suggestions,
ideas, comments, questions, or other information, so long as the content is
not illegal, obscene, threatening, defamatory, invasive of privacy, infringing
of intellectual property rights, or otherwise injurious to third parties or
objectionable and does not consist of or contain software viruses, political
campaigning, commercial solicitation. You may not use a false e-mail address,
impersonate any person or entity, or otherwise mislead as to the origin of
content. Talking Herbals Inc reserves the right (but not the obligation) to
remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise,
you grant Talking Herbals Inc and its affiliates a nonexclusive, royalty-free,
perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, and display
such content throughout the world in any media. You grant Talking Herbals Inc
and its affiliates and sublicenses the right to use the name that you submit
in connection with such content, if they choose. You represent and warrant
that you own or otherwise control all of the rights to the content that you
post; that the content is accurate; that use of the content you supply does
not violate this policy and will not cause injury to any person or entity;
and that you will indemnify Talking Herbals Inc or its affiliates for all claims
resulting from content you supply. Talking Herbals Inc has the right but not
the obligation to monitor and edit or remove any activity or content. Talking
Herbals Inc takes no responsibility and assumes no liability for any content
posted by you or any third party.
Talking Herbals Inc and its affiliates respect the intellectual property of
others. If you believe that your work has been copied in a way that constitutes
copyright infringement, email us with your complaint.
RISK OF LOSS
All items purchased from Talking Herbals Inc are made pursuant to a shipment
contract. This means that the risk of loss and title for such items pass to
you upon our delivery to the carrier.
Talking Herbals Inc and its affiliates attempt to be as accurate as possible.
However, Talking Herbals Inc does not warrant that product descriptions or
other content of this site is accurate, complete, reliable, current, or error-free.
If a product offered by Talking Herbals Inc itself is not as described, your
sole remedy is to return it in unused condition.
Parties other than Talking Herbals Inc and its subsidiaries operate stores,
provide services, or sell product lines on this site. In addition, we provide
links to the sites of affiliated companies and certain other businesses. We
are not responsible for examining or evaluating, and we do not warrant the
offerings of, any of these businesses or individuals or the content of their
Web sites. Talking Herbals Inc does not assume any responsibility or liability
for the actions, product, and content of all these and any other third parties.
You should carefully review their privacy statements and other conditions
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
OF THIS SITE IS PROVIDED BY Talking Herbals Inc ON AN "AS IS" AND "AS AVAILABLE" BASIS.
Talking Herbals Inc MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS,
OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS
SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Talking Herbals Inc DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Talking
Herbals Inc DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM
Talking Herbals Inc ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Talking
Herbals Inc WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE
USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, AND CONSEQUENTIAL DAMAGES. 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 ABOVE DISCLAIMERS, EXCLUSIONS,
OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting Talking Herbals Inc, you agree that the laws of the state of
New York, without regard to principles of conflict of laws, will govern
these Conditions of Use and any dispute of any sort that might arise between
you and Talking Herbals Inc or its affiliates.
Any dispute relating in any way to your visit to TalkingHerbals.com
or to products you purchase through TalkingHerbals.com shall be submitted
to confidential arbitration in Manhattan, New York, except that, to the
extent you have in any manner violated or threatened to violate Talking Herbals
Inc's intellectual property rights, Talking Herbals Inc may seek injunctive
or other appropriate relief in any state or federal court in the state of
New York, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted under the rules then prevailing
of the American Arbitration Association. The arbitrator's award shall be binding
and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration under this
Agreement shall be joined to an arbitration involving any other party subject
to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, posted on this site. These policies
also govern your visit to TalkingHerbals.com. We reserve the right to
make changes to our site, policies, and these Conditions of Use at any time.
If any of these conditions shall be deemed invalid, void, or for any reason
unenforceable, that condition shall be deemed severable and shall not
affect the validity and enforceability of any remaining condition