The Herb Chambers Companies Terms and Conditions

The Herb Chambers Companies Terms and Conditions

The following Terms and Conditions of Use apply when viewing, accessing or using any of the websites owned or controlled by the Herb Chambers Companies including without limitation http://www.herbchambers.com, http://www.herbcares.com, http://feedback.herbchambers.com/, and any other Herb Chambers Companies related websites that may be created in the future. These websites are owned by the Herb Chambers Companies. You are granted a nonexclusive, nontransferable, limited right to access, use and display any materials hereon, provided that you comply fully with these Terms and Conditions of Use.

1.

Privacy

Your use of these websites constitutes your consent to the Herb Chambers Companies privacy policy posted on the foot of the websites at all times. These websites are available to the public and no confidential information should be posted.

2.

Moderator

Certain websites are moderated by a webmaster and it reserves the right to edit, remove or refuse postings that are off-topic, defamatory, libelous, offensive, or otherwise deemed inappropriate. Discussion is limited to matters relating to the Herb Chambers Companies. The intent is to post all legitimate comments exactly as they are written and submitted, including but not limited to any typographical errors, except to edit on a good faith basis those comments considered to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected. The Herb Chamber Companies are not responsible for translation or interpretation of content. In order to facilitate this review, no post or comment will go up immediately; however, all legitimate comments will be posted in a timely fashion.

3.

Comments or Opinions

The views expressed by submissions to these websites are those of the respective submitter or contributor only and do not necessarily represent the views of the Herb Chambers Companies.

4.

Content Submitted by Owner

Representatives of the Herb Chambers Companies may submit personal content, images, files and letters received by them to with identifying personal information omitted.

5.

Content Submitted by User

The Herb Chambers Companies assume no responsibility for the accuracy of information contributed by users to the Herb Chambers Companies related websites. Users accept full responsibility for their postings and grant full permission to the Herb Chambers Companies to use the material submitted as it deems necessary. By submitting material to these sites, the submitter represents that the submitted material is not in violation of ownership rights or copyrights. Any promotional use of the content submitted is granted to the Herb Chambers Companies upon submission. The Herb Chambers Companies CANNOT AND WILL NOT BE HELD RESPONSIBLE FOR ANY LEGAL CONSEQUENCES OF THE MATERIAL SUBMITTED BY ITS USERS.

6.

Copyright Notice

All materials and any software published on or used on these sites are protected by copyright, and are owned or controlled by or licensed to Herb Chambers Companies, or the party listed as the provider of the materials or software. It is prohibited to copy, reproduce, republish, upload, post, transmit or duplicate any of the material on these websites without express authorization from the webmaster of the Herb Chambers Companies. Downloading materials displayed on these websites is only permitted for personal, noncommercial and informational purposes, with the following limitations: (1) material must not be modified; (2) you must abide by all copyright, trademark and other notices contained in such materials and not delete any such notice(s), or if none, you must include the following copyright notice in such down loaded materials: “Copyright 2008 Herb Chambers Companies, Inc. All rights reserved. All use subject to Terms and Conditions of Use set forth here.”

7.

Copyright Notification

The Herb Chambers Companies respect the intellectual property rights of others. Upon proper notice, the webmaster will remove user posted comments, posts, messages, or other submissions on the websites that violate copyright law, or suspend access of the websites to any user who repeatedly uses a website in violation of copyright law. Pursuant to 17 U.S.C. § 512, the Herb Chambers Companies have implemented procedures for receiving written notification of alleged copyright infringement and for processing such claims in accordance the law.

Notice of Infringement

If you believe that your work has been used in a manner that constitutes copyright infringement, please provide us with a notice that includes the following: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing, and that is to be removed or disabled, and information reasonably sufficient to permit the service provider to locate the material; (d) information reasonably sufficient to permit the service provider to contact the complaining party, including an address, telephone number, and if available an e-mail address at which the complaining party may be contacted; (e) a statement that the complaining party has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (f) a statement under penalty of perjury that the information in the notice is accurate and that the complaining party is authorized to act on behalf of an exclusive right that is allegedly infringed.

Please e-mail this “Notice of Infringement” (“Notice”) to the webmaster at webmaster@herbchambers.com.

By submitting this Notice, you acknowledge and agree that the Herb Chambers Companies may forward your Notice and any related communications to any users who posted the material identified in such Notice on these websites.

8.

Photographs

The Herb Chambers Companies will take steps to prevent the unauthorized use of images displayed on their websites; however, it assumes no liability for any misuse of the images that may result from use of the images on these websites. We ask that the images or content submitted to the websites are free of copyright restrictions or are original images or the content is owned and/or created by the individual submitting the image. The submission of original material to these websites explicitly implies permission for further unrestricted use by the Herb Chambers Companies related websites. The user acknowledges that digital images can be transferred and manipulated easily, and removes the Herb Chambers Companies from any liability related to the digital theft of such images or content.

Images taken from sources believed to be in the public domain

These images or content are widely distributed for free use on various Internet web authoring sites and have been compiled from various public media sources or submitted by users of the site through e-mail. It is not always possible to trace them back to their original source and it is possible for copyrighted material to inadvertently end up on public domain sites. IN THE EVENT THERE IS A PROBLEM OR ERROR WITH COPYRIGHTED MATERIAL, ANY COPYRIGHT INFRINGEMENT IS UNINTENTIONAL AND NONCOMMERCIAL AND THE MATERIAL WILL BE REMOVED IMMEDIATELY UPON PROOF. However, if you are the owner and would rather be given credit for the material, the Herb Chambers Companies may at its option give the appropriate credit.

9.

Commercial Use

The reproduction, copying or redistribution of materials on these websites for commercial purposes is prohibited without the express written permission of the Herb Chambers Companies. To obtain permission to copy portions of these websites please contact the webmaster by e-mail at webmaster@herbchambers.com and provide the following information in the body of the email: (a) the content of the material you wish to use; (b) where, when and how it will be used; (c) where and how copies will be distributed; (d) how many copies will be produced and distributed; (e) what other materials will be associated with the Herb Chambers content; and (f) your name, title, company, address, e-mail address and phone numbers. THE HERB CHAMBERS COMPANIES RESERVE THE RIGHT TO REFUSE PERMISSION TO ALLOW COPYING, DISTRIBUTION, BROADCAST OR PUBLICATION OF ANY OF ITS COPYRIGHTED MATERIAL, INCLUDING BUT NOT LIMITED TO THE TEXT AND IMAGES THAT APPEAR ON THESE WEBSITES.

10.

Service Mark Notice

“Herb Chambers,” “HerbCares,” and “HerbChambersCompanies” and other related marks are service marks of Herb Chambers Companies and are protected by law. They may be used publicly only with permission of Herb Chambers Companies. Fair use of the service marks requires proper acknowledgment. ALL RIGHTS RESERVED.

11.

Links to Other Websites

The purpose of these websites is to provide an open forum for discussion and dialogue concerning customer experiences at the Herb Chambers Companies. THE WEBMASTER RESERVES THE RIGHT TO TERMINATE ANY LINK AT ANY TIME AND LINKS ARE EXPRESSLY DISCOURAGED. On the rare occasion that a link is either expressly or inadvertently allowed, the Herb Chambers Companies disclaims any control over the linked sites or the materials, information, goods or services available or contained on these linked sites. The Herb Chambers Companies are not responsible for and do not endorse or warrant in any way any materials, information, goods or services available through such linked sites or any privacy or other practices of such sites. If you decide to access any of the linked sites, you do so entirely at your own risk.

12.

Prohibited Actions

A user may not use these websites for anything other than a lawful and legitimate purpose. You agree not to interrupt, or attempt to interrupt, the operation of these websites in any way. Any unauthorized use or modification of the information stored on these websites may result in criminal and/or civil prosecution under federal, state or local law. You agree not to use these websites to conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity. We reserve the right to limit or deny your access to these websites or take other appropriate action if you violate any provision of these Terms and Conditions of Use or if you conduct any activity that violates the rights of any person or entity, of which we in our sole discretion deem unlawful, offensive, threatening, abusive or potentially harmful or malicious.

13.

Modification of Terms and Conditions of Use

The Herb Chambers Companies reserve the right to revise these Terms and Conditions of Use at any time by updating this posting. Your continued use of these websites constitutes your agreement to comply with such revisions, so you should visit this page from time to time.

14.

E-mail May Not Be Used to Provide Notice

Communications made through e-mail and messaging systems associated with these websites shall in no way be deemed to constitute legal notice to the Herb Chambers Companies or any of its officers, employees, agents or representatives, such as where notice is required by contract, or any federal, state or local laws, rules or regulations.

15.

Limitations of Damages

(a) The Herb Chambers Companies expressly disclaims all liability for any viruses or other contamination of your computer system or other device used to access these websites as a result of your use of these sites, and expressly disclaims all liability for actions taken or not taken based on any or all of the contents of these websites. THESE WEBSITES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE HERB CHAMBERS COMPANIES MAKE NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT ACCESS TO OR OPERATION OF THESE WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE. (b) USE OF THESE WEBSITES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THESE SITES.

16.

Applicable Laws and Venue

The Herb Chambers Companies related websites are operated from its corporate offices in the Commonwealth of Massachusetts and make no representations that materials on these websites are appropriate or available for use in other locations. The display of these websites alone does not subject the Herb Chambers Companies to any specific jurisdiction. Any claim related to the use of these sites or to the materials displayed on them shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Massachusetts as applied to agreements made and to be performed entirely therein. Any action arising out of or related to the access, use, content, or existence of these websites shall be filed only in the appropriate state and federal court located within the Commonwealth of Massachusetts. The access, viewing or use of these websites constitutes the user’s express permission and consent to the jurisdiction of the state and/or federal courts of the Commonwealth of Massachusetts for purposes of such actions.

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