Kan Herb Company
Agreement
PLEASE READ CAREFULLY
BEFORE PROCEEDING TO ACCESS AND USE THIS SITE
The information, products
and services made available by Kan Herb Company are not intended
for use in the diagnosis or treatment of any health condition or
as a substitute for consulting a licensed healthcare professional.
Kan Herb Company does not represent, warrant or guarantee that any
of its products or services will diagnose, treat, cure, mitigate
or prevent any medical condition or disease.
TERMS AND CONDITIONS
These are the Terms
and Conditions that govern your access and use of kanherb.com and
if you qualify, the purchase and use of products and services made
available from time to time on the site by the Kan Herb Company.
Please review these Terms and Conditions carefully and check back
periodically to see if there have been any changes.
You acknowledge and
agree that each time you proceed to access and use this site, you
agree to abide by these Terms and Conditions. Your act of proceeding
to access and use this site will constitute an "electronic
signature" indicating your agreement to these Terms and Conditions
for all access and use of the site. See the Section below entitled
"Electronic Signature and Consent to Electronic
Records".
If
at any time you do not agree to these Terms and Conditions, please
exit the website and do not proceed to access and use the site.
Privacy and Security
Statement
Kan Herb Company
respects your privacy. Please review our Privacy
and Security Statement. Kan Herb Company reserves the
right to monitor and investigate all use of this site for violations
of law and/or violations of these Terms and Conditions without notice
to you.
Limited Right to
Access and Use of Site
You may access and use
kanherb.com only for the lawful commercial purposes intended by
Kan Herb Company in providing the site. Any unauthorized access
or use of any portion of this site, its content, data, computers
or networks, or interference with any operation of the site, or
interception of any communication from or to the site, or any attempt
to do one or more of these or other unauthorized or unlawful acts
-- is strictly prohibited.
Transactions -
terms, conditions, policies and shipping
All business transactions,
including but not limited to product and service offerings, orders
and purchases, applications, registrations, memberships, programs
and other activities made available via the kanherb.com site shall
be subject to these Terms and Conditions and all such other specific
terms and conditions as are expressly set forth on the site, in
price lists and sales and advertising materials, as provided from
time to time by Kan Herb Company.
Purchase
Restrictions. Kan Herb Company products may only be purchased
by qualified healthcare practitioners, qualified healthcare students,
qualified healthcare facilities (e.g., pharmacies, medical clinics
and hospitals) and consumers having a prescription issued by a qualified
healthcare practitioner. Other restrictions
may apply. Questions about qualifications should be directed
to Kan Herb Company at customer@kanherb.com
or by calling 1-800-543-5233.
You agree that all information
provided by you to Kan Herb Company will be accurate and truthful.
You agree that you will
notify Kan Herb Company of any changes to your personal information as they occur and, if applicable, any change to your
certification that may affect your qualification to conduct business
with or purchase products from Kan Herb Company or to prescribe
the purchase of Kan Herb Products by others.
Kan Herb Company reserves
the right to limit, suspend and/or terminate access and use of the
kanherb.com site (in whole or in part) by any or all persons and
entities at any time without notice and for no reason stated, as
Kan Herb Company may decide in its sole discretion.
Kan Herb Company reserves
the right to add, modify, substitute, suspend or discontinue product
or service offerings at any time without notice and for no reason
stated, as Kan Herb Company may decide in its sole discretion.
USE AT YOUR OWN
RISK - RELEASE AND INDEMNIFICATION FOR PRODUCT USE
ALL ACCESS AND USE OF THIS WEBSITE, ITS
CONTENTS, PRODUCTS AND SERVICES ARE AT YOUR OWN RISK.
CONSUMERS
BEFORE YOU CONSUME A
KAN HERB COMPANY PRODUCT, YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR
SOLE RESPONSIBILITY TO CONSULT WITH A QUALIFIED HEALTHCARE PROFESSIONAL
REGARDING THE APPLICATION, USE, HEALTH, SAFETY AND/OR EFFECTIVENESS
OF ANY DIETARY SUPPLEMENT OR OTHER HERBAL/BOTONICAL PRODUCTS OR
INFORMATION AND INSTRUCTIONS PERTAINING THERETO.
You acknowledge and
agree that the application, use of any dietary supplement product
(including but not limited to herbal and other botanical products),
involves UNFORESEEABLE RISKS AND UNCERTAINTIES, including without
limitation, THE RISKS OF:
| (A) |
individual biological variation and response; |
| (B) |
interactions with other herbal and other botanical products, medicines and drugs; and |
| (C) |
other general and individual HEALTH RISKS, CONDITIONS AND UNCERTAINTIES.
|
YOU AGREE TO RELEASE, INDEMNIFY AND
HOLD HARMLESS KAN HERB COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES,
REPRESENTATIVES, AFFILIATES AND SPONSORS, AND THEIR SUCCESSORS AND
ASSIGNS, FROM ANY AND ALL CAUSES OF ACTION AND CONSEQUENCES, LIABILITY,
LOSSES AND/OR DAMAGES (INCLUDING BUT NOT LIMITED TO PERSONAL INJURY
TO YOU OR OTHERS) ARISING FROM OR RELATED TO THE APPLICATION OR
USE (OR MISUSE) OF ANY INFORMATION OR PRODUCTS OBTAINED BY YOU,
DIRECTLY OR INDIRECTLY, FROM KAN HERB COMPANY, ITS AFFILIATES, REPRESENTATIVES,
SPONSORS AND/OR SUPPLIERS.
PROFESSIONALS
BEFORE YOU PRESCRIBE OR PROVIDE ANY
KAN HERB COMPANY PRODUCT TO ANOTHER, YOU AGREE TO RELEASE, INDEMNIFY
AND HOLD HARMLESS KAN HERB COMPANY AND ITS OFFICERS, DIRECTORS,
EMPLOYEES, REPRESENTATIVES, AFFILIATES AND SPONSORS, AND THEIR SUCCESSORS
AND ASSIGNS, FROM ANY AND ALL CAUSES OF ACTION AND CONSEQUENCES,
LIABILITY, LOSSES AND/OR DAMAGES (INCLUDING BUT NOT LIMITED TO PERSONAL
INJURY TO PATIENTS OR OTHERS) ARISING FROM OR RELATED TO THE APPLICATION
OR USE (OR MISUSE) OF ANY KAN HERB COMPANY PRODUCT PRESCRIBED BY
YOU OR PROVIDED BY YOU TO ANOTHER.
Disclaimers of Warranties
EXCEPT AS EXPRESSLY SET FORTH IN WRITING
BY KAN HERB COMPANY, THIS SITE, THE CONTENTS OF THIS SITE AND ALL
RELATED PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED. KAN HERB COMPANY EXPRESSLY DISCLAIMS
ALL IMPLIED REPRESENTATIONS AND WARRANTIES OF ANY KIND WITH REGARD
TO THE ACCESS AND USE OF THIS SITE AND ALL PRODUCTS, SERVICES AND
INFORMATION MADE AVAILABLE THROUGH THIS SITE, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, QUALITY, TITLE AND NON-INFRINGEMENT. Some
jurisdictions may not allow exclusions of implied warranties, so
some of these exclusions may not apply to you. Check your local
laws.
KAN HERB COMPANY FUTHER EXPRESSLY
DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO PRODUCT
DESCRIPTIONS AND INGREDIENTS, RECOMMENDATIONS OF HEALTHCARE PROFESSIONALS,
AND PRODUCT USE, SAFETY AND/OR EFFECTIVENESS.
Despite commercially reasonable efforts:
| 1. |
Kan Herb Company does not warrant that the access, use, function or operation of this website will be uninterrupted or error-free, that defects will not exist or be corrected, or that this site or its servers will be completely free of all viruses or other harmful elements; and |
| 2. |
Kan Herb Company does not warrant that the information accessible on this site is accurate, complete, current or error free. |
Limitation of Liability; Liquidated Damages
NEITHER KAN HERB COMPANY NOR ITS OFFICERS,
DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AFFILIATES,
SPONSORS, VENDORS OR ANY OTHER PARTY INVOLVED IN PROVIDING THIS
WEBSITE, ITS CONTENT AND PRODUCTS AND SERVICES SHALL BE LIABLE
FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION,
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR
OTHERWISE, ARISING OUT OF OR RELATED TO THE ACCESS, USE OF (OR INABILITY
TO ACCESS OR USE) THIS WEBSITE OR ANY PRODUCT OR SERVICE MADE AVAILABLE
VIA THIS SITE BY KAN HERB COMPANY OR ITS BUSINESS AFFILIATES.
KAN HERB COMPANY ASSUMES NO LIABILITY
AND SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT
LIMITATION, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO
PROPERTY, PERSONALLY INJURY, LOSS OF CONSORTIUM, AND CLAIMS OF THIRD
PARTIES. IN THE EVENT A COURT OF COMPETENT JURISDICTION SHOULD FIND
AND ALLOCATE LIABILITY FOR ANY REASON, IN NO EVENT SHALL KAN HERB
COMPANY'S TOTAL LIABILITY TO YOU, OR ANYONE CLAIMING BY OR THROUGH
YOU, FOR ANY DAMAGES, LOSSES, CLAIMS AND/OR CAUSES OF ACTION, REGARDLESS
OF LEGAL THEORY, EXCEED ONE HUNDRED DOLLARS ($100).
Ownership
Site and Content. This website and
its contents belong exclusively to Kan Herb Company, its sponsors,
business affiliates and their respective licensors. This website
and its contents are protected by U.S. and International copyright
laws. Any unauthorized copying, distributing, publishing, modification,
alteration, display, sale, license or use of the contents of this
site, in whole or in part, is strictly prohibited. You may copy
limited content from this site for non-public, non-commercial personal
use or educational use only, provided that each copy includes any
copyright, trademark or other proprietary notice as it appears without
modification or alteration by you.
Trademarks.
The trade names, trademarks, service marks, logos, slogans, characters
and other designations of origin or affiliation (collectively "Trademarks")
displayed on this website belong to Kan Herb Company, its sponsors,
business affiliates and their respective licensors or other owners.
Nothing contained on this website shall be construed as granting
or conveying any interest, license or right to use or own any Trademark.
Any unauthorized use/misuse of the Trademarks, in whole or in part,
is strictly prohibited.
Submissions. Any communication, information
or material (including but not limited to any suggestion, idea,
concept, or data) that is submitted to Kan Herb Company at this
site, by e-mail, by phone, by written correspondence or otherwise
(each a "Submission") is non-confidential and becomes the sole and
exclusive property of Kan Herb Company. Kan Herb Company is free
to dispose, reproduce and/or use any Submission without restriction,
for any purpose whatsoever, including but not limited to, developing,
manufacturing, advertising, marketing and sale of products or services.
Any Submission is without payment or compensation to you or any
other party. By making a Submission, you warrant that the Submission
is not offensive, obscene or defamatory, and that Kan Herb Company's
use of the Submission (as submitted) will not violate any third
party's rights. Kan Herb Company is under no obligation to accept,
respond to or use any Submission.
Linking to Third Party Sites
As a matter of convenience to visitors,
this site may contain links to other third party websites (i.e.,
sites not owned or controlled by Kan Herb Company). No link to another
website shall imply any endorsement or sponsorship of the third
party website, its owner or operator, or any products or services.
Kan Herb Company is not responsible for the content of or any links
contained on any other website. Your access and use of any other
website is entirely at your own risk. Under no circumstances will
Kan Herb Company be held responsible or liable, directly or indirectly,
for any loss or damage that is caused or alleged to be caused to
you or a third party in connection with your use of, or reliance
on, any content, goods or services available on any other site.
Linking to this Site
Kan Herb Company does not generally
object to links to the home page of kanherb.com
from third-party sites. However, absent an express written agreement
to the contrary, all third-party links to the home page of this
site must be in accordance with the following terms and conditions.
A third party link may only link to the home page of this site using
the plain text version of the Kan Herb Company
name ("Kan Herb Company") or the plain text version of the site
name ("kanherb.com"). No content from this site may be incorporated
into the third party site by any means (e.g., by in-lining or framing);
(b) No Trademark of Kan Herb Company may be used as any "meta
tag," "title tag," or in any source code or used in any other way
for identification and use by search engines or other information
location tools to identify and select websites or pages. Kan Herb Company
will not agree to or tolerate links from any obscene, scandalous,
profane, defamatory or unlawful sites, or any site that may adversely
affect the name, reputation and goodwill of Kan Herb Company and
its products, as Kan Herb Company shall determine in its sole
discretion. Kan Herb Company reserves the right to cancel permission to
link to this site at any time, for any reason, in its sole discretion.
Jurisdictional Issues
Kan Herb Company product and service
offerings, promotions, materials, and content appearing on this
website are intended for customers located in the United States
only. Kan Herb Company makes no representation that products, services,
promotions, materials, offers, information and other content on
this site are appropriate or available for purchase and use in locations
outside the United States.
Governing Law
These Terms and Conditions will be
governed and construed in accordance with the laws of the State
of California without regard to conflict of laws principles. You
agree that any action at law or in equity that arises out of or
relates to these Terms and Conditions and/or the access and use
of this site or any product or service offerings in connection with
this site will be brought only in a court of competent jurisdiction
located in Santa Clara County, California.
Complete Agreement; Severability; Amendments; Waiver; Headings
These Terms and Conditions (and all
such other specific terms and conditions as are expressly set forth
on the site, in price lists, and in sales and advertising materials)
represent the entire understanding between you and Kan Herb Company
regarding the access and use of this site, its content and related
products and services. Unless expressly agreed to in a signed writing
by Kan Herb Company, these Terms and Conditions shall prevail over
any other conflicting or additional communication between you and
Kan Herb Company or its representatives, affiliates, sponsors and
vendors.
Severability. Should a court of competent
jurisdiction deem any provision of these Terms and Conditions void
and/or unenforceable, the void and/or unenforceable provision shall
be severed to the extent necessary and the remainder of the Terms
and Conditions shall remain valid and enforceable to the maximum
extent permitted by law.
Amendments. Kan Herb Company reserves
the right to revise the content and information of this site, these
Terms and Conditions, or any part thereof, without notice, by merely
updating the site and this posting, respectively.
Waiver.
No term or condition may be waived by any party except in writing
signed by the party to be bound.
Headings.
The section and paragraph headings in this document are provided
for convenience only and shall not be used in the interpretation
or construction of any provision of these Terms and Conditions.
Electronic Signature and Consent to Electronic Records
You agree that your electronic signature,
these Terms and Conditions and any records relating to any and all
transactions concerning you may be provided and maintained solely
in electronic form and that each may not be denied legal effect,
validity, or enforceability solely because each is in electronic
form or solely because an electronic signature or electronic record
was used in their formation.
If you do not consent to the use of
electronic records, do not proceed to access and use the site for
any transaction or other activity which may requires the completion
or formation of an electronic record to confirm or carry out the
transaction or activity.
Withdrawing Consent or Updating Electronic
Records: If you wish to withdraw your consent to the use of electronic
records or you wish to update your records, please contact the Kan
Herb Company at customer@kanherb.com
or by calling 1-800-543-5233. Withdrawing your consent to the use
of electronic records will result in the termination of your right
to conduct transactions or engage in activities on this site that
require the completion or formation of an electronic record.
Computer System Requirements: To access
and use this site, Kan Herb Company recommends the following minimum
system configuration: Pentium® II 200 MHz processor, 64 MB RAM,
10 MB of available hard disk drive storage capacity, Windows 98SE
operating system with Internet Explorer v6.0, 800x600 video display
at 256 colors, a 56k modem, and a standard ink jet computer printer.
You acknowledge that you have the
opportunity and capability to print these Terms and Conditions at
any time by accessing them online and printing them on a computer
with the capability of accessing the site and printing from the
site.
You acknowledge that you have the
opportunity and capability to print and store electronic communications
("email") and agree that you should print for your record keeping
any email received that confirms a transaction, registration or
other online activity related to the Kan Herb Company site.
Printed Copy:
To obtain a printed copy of an electronic record, please contact
the Kan Herb Company at the above-identified contact address or
phone number. The Kan Herb Company will accommodate all reasonable
requests for a printed copy of electronic records. The Kan Herb
Company reserves the right to charge a reasonable administrative
fee to cover the associated costs of providing a printed copy.
Copyright 2003 Kan Herb Company. All rights reserved.