Terms and Conditions
OVERVIEW
This website is operated by Emerald Herb Co. Throughout the site, the terms “we,” “us,” and “our” refer to Emerald Herb Co. Emerald Herb Co offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter including decisions on what products are, or are not, legal to sell. No reader, user, or browser of this site should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation. Use of, and access to, this website or any of the links or resources contained within the site do not create an attorney-client relationship between the reader, user, or browser and website authors, contributors, contributing law firms, or committee members and their respective employers.
The views expressed at, or through, this site are those of the individual authors writing in their individual capacities only – not those of Emerald Herb Co as a whole. All liability with respect to actions taken or not taken based on the contents of this site are hereby expressly disclaimed.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Product Disclaimer:
I understand the statements regarding these products have not been evaluated by the Food and Drug Administration. This Product is not intended to diagnose, treat, cure, or prevent any disease. I understand I should not use this information to diagnose or treat any health problems or illnesses without consulting my doctor. I also understand that the products listed on this website are not intended or to be used to treat any type of medical condition.
Warning:
Emerald Herb Co products are not intended for use by persons under 18 years of age. Consult a physician before using any of our Products if you have any medical condition including, but not limited to, strokes, high blood pressure, heart, liver, kidney, or thyroid disease, diabetes, anemia, depression, anxiety, other psychiatric conditions, a family history of these or other medical conditions, or if taking any prescription, OTC, and/or other medications.
Purchaser Disclaimer:
Given the uncertainty and rapid pace of change of relevant laws, Emerald Herb Co makes no representation as to the legality of hemp-derived products under laws applicable to you. Purchases are at your own risk.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources).
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available through our Service may include materials from third-party providers.
Third-party links on this site may direct you to external websites that are not affiliated with Emerald Herb Co. We are not responsible for reviewing or evaluating the content or accuracy of these third-party sites, and we do not warrant and shall not have any liability for any third-party materials, products, services, or websites.
We are not liable for any damages related to the purchase or use of goods, services, resources, or content, or for any other transactions made in connection with any third-party websites. We advise that you carefully review the policies and practices of third-party sites and ensure you fully understand them before proceeding with any transactions. Any complaints, claims, concerns, or inquiries regarding third-party products should be directed to the third-party provider.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send specific submissions (e.g., contest entries), or if you submit creative ideas, suggestions, proposals, plans, or other materials (collectively, 'comments') without an express request from us, you agree that we may, at any time, without limitation, edit, copy, publish, distribute, translate, or otherwise use any comments in any medium.
We are not obligated (1) to maintain any comments in confidence; (2) to compensate you for any comments; or (3) to respond to any comments.
We may, but are not required to, monitor, edit, or remove content that we deem, at our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.
You agree that your comments will not infringe upon the rights of any third-party, including copyright, trademark, privacy, or proprietary rights. You further agree that your comments will not contain defamatory, unlawful, abusive, or obscene material, nor will they include any malware or viruses that could harm the Service or any related websites.
You may not use a false email address, impersonate someone else, or otherwise mislead us or third parties regarding the origin of any comments. You are solely responsible for any comments you submit, and the accuracy of such comments. We assume no responsibility or liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Please refer to our Privacy Policy for more details on how we handle your personal information.
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to modify or update information or cancel orders if any information on the Service or related websites is inaccurate at any time, without prior notice (including after you have placed your order).
We undertake no obligation to update, amend, or clarify any information on the Service or related websites, including pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be interpreted to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions outlined in these Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any applicable international, federal, provincial, or local laws, rules, or regulations;
(d) to infringe upon or violate the intellectual property rights of Emerald Herb Co or any third party;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against others based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other malicious code that will harm the Service or its functionality;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape any content;
(j) for any immoral, obscene, or otherwise inappropriate purposes;
(k) to interfere with or circumvent the security features of the Service or any related website.
We reserve the right to suspend or terminate your access to the Service if you violate any of the prohibited uses outlined above.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of the Service will be uninterrupted, timely, secure, or error-free.
We do not guarantee that the results obtained from using the Service will be accurate or reliable.
You agree that from time to time, we may remove the Service for indefinite periods or cancel it at any time, without notice to you.
You explicitly agree that your use of, or inability to use, the Service is at your sole risk. The Service, including all products and services provided through it, are (except as expressly stated by us) provided “as is” and “as available,” without any warranties, express or implied, including all implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
In no event shall Emerald Herb Co, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, lost profits, lost revenue, lost savings, loss of data, or any similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Service, any products procured through the Service, or for any other claim related to your use of the Service or any product. This includes, but is not limited to, any errors or omissions in content, or any loss or damage of any kind resulting from the use of the Service or content posted or made available through the Service, even if we have been advised of the possibility of such damages.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such cases, our liability will be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Emerald Herb Co, along with our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claims or demands, including reasonable attorney fees, made by any third-party due to or arising out of your breach of these Terms of Service, the documents they incorporate by reference, or your violation of any law or the rights of any third-party.
SECTION 15 - SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision will remain enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Service. This determination will not affect the validity or enforceability of the other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date will survive the termination of this agreement for all purposes.
These Terms of Service will remain in effect unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or by ceasing use of our site.
If, in our sole discretion, we determine that you have failed or we suspect that you have failed to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice. In such a case, you will remain liable for any amounts due up to and including the date of termination, and we may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of Emerald Herb Co to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.
These Terms of Service, along with any policies or operating rules posted by us on this site or in relation to the Service, constitute the entire agreement and understanding between you and us regarding your use of the Service, superseding any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service will not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements through which we provide you Services will be governed by and construed in accordance with the laws of the United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for any updates. Your continued use of or access to the website or the Service after the posting of any changes constitutes your acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@emeraldherb.co
