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Terms of Agreement
PLEASE CAREFULLY REVIEW THE TERMS OF USE FOR THIS SITE. As your use of this site constitutes your acceptance of these terms, do not use the site if you do not agree to be bound by these terms. We may periodically change the terms, so please check them from time to time, as your original registration and/or continued use of the site constitutes your acceptance of any changes. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT Urban Herbs Co. ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT Urban Herbs. IF YOU HAVE ANY QUESTIONS, PLEASE CALL US AT 720-638-6622 (Monday through Friday, 8am - 4:30pm Mountain Time). EXCLUSIVE TERMS. Urban Herbs Co. is an authorized Colorado . These terms and conditions are the exclusive terms and conditions by which Urban Herbs's products are sold to the Customer. Urban Herbs Co. expressly rejects all other conditions of sale, imposed by the customer, in whatever form, before or after sale, unless expressly approved in writing and signed by an authorized corporate officer of Urban Herbs. NO HEALTH OR OTHER REPRESENTATIONS. All statements made describing Urban Herbs's products have not been evaluated by the Food and Drug Administration. Urban Herbs's products are not meant to diagnose, treat, cure or prevent disease. Notwithstanding the fact that Urban Herbs Co. may include product cautions and contraindications on this web site, this information is not intended to be complete or comprehensive and it may not cover every health-related matter and every possible health-related issue. The information on this website is not intended to substitute for the advice of a health care professional. Under no circumstances may a seller of our products represent to the public that Urban Herbs's products are meant to diagnose, treat, cure or prevent any disease. This also applies to any reference information found on this website regarding individual products and their use, such as dosing, preparation, implementation, etc. All such information is for reference only and is not considered a suggestion for use. You have not relied upon Urban Herbs's skill, judgment or representation in selecting or acquiring Urban Herbs's products, and you have relied upon your own skill, judgment and expertise. MEMBER AND USER CONDUCT. Your use of the materials included on this site is for informational and shopping purposes only. You agree you will not distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of this site in any way. You agree to indemnify, defend and hold harmless Urban Herbs Co. for any and all unauthorized uses you may make of any material on the site. You acknowledge the unauthorized use of the contents could cause irreparable harm to Urban Herbs Co. and that in the event of an unauthorized use, Urban Herbs Co. shall be entitled to an injunction in addition to any other remedies available at law or in equity. After applying for an online account you will receive an email message notifying you that your account has been activated. Urban Herbs Co. reserves the right to deny any applicant full registration and access to its website. I acknowledge that I cannot be considered a competitor to Urban Herbs Co. and/or their services, in other words an owner, member, or employee of a company that combines and/or takes prescriptions from other practitioners for Chinese and related single herbal substances and sells them to said practitioners or their respective clients. The falsification of one's identity and/or credentials during preregistration, or the use of a registered user's account by a non-registered party, for any purpose, is strictly prohibited, is grounds for cancellation of the registered user's account, as well as legal action to the fullest extent possible under all terms of this agreement (Terms) for all involved parties. You are responsible for maintaining the confidentiality of your password and customer number, and are fully responsible for all activities that occur in your account. You agree to (a) immediately notify Urban Herbs Co. of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Urban Herbs Co. cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement. Urban Herbs Co. only sells products to certain health care practitioners, health related businesses. Upon registering are required to inform us about your type of business and give related business information. You agree that all information you submit to Urban Herbs Co. to set up an account is true and accurate. You agree not to purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the user's alone. CONDITIONS AND RESTRICTIONS ON USE. Use of the products and services at www.urbanherbsco.com is subject to compliance with these Terms and Conditions. Urban Herbs Co. does not guarantee that the functions contained in the site will be uninterrupted or error-free, that this site or its server will be free of viruses or other harmful components, or that defects will be corrected even if Urban Herbs Co. is aware of them. You acknowledge and agree that Urban Herbs Co. may terminate your access to the Urban Herbs Co. website should you fail to comply with the Terms and Conditions or any other guidelines and rules published by Urban Herbs. Any such termination shall be at Urban Herbs's sole discretion and may occur without prior notice, or any notice. Urban Herbs Co. further reserves the right to terminate any user's access to www.urbanherbsco.com for any conduct that Urban Herbs, at its sole discretion, believes is or may be directly or indirectly harmful to other users, to Urban Herbs Co. or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. Urban Herbs Co. further reserves the right to terminate any user's access to www.urbanherbsco.com for any reason or for no reason at all, at Urban Herbs's sole discretion, without prior notice, or any notice. Urban Herbs Co. does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status. ORDERING. The herbal products on this website are sold only to licensed health care practitioners and health related businesses. Proof of licensure and certification is required. Orders that are received before 12:00 pm Pacific Standard Time, Monday through Friday, will generally be shipped out the same day, but this is not guaranteed. Shipping and handling charges are noted on each invoice. Once orders have been filled, they cannot be changed, and a new order will have to be submitted. No refunds are issued in the case of submission errors on the part of the practitioner. Urban Herbs Co. maintains strict standards in prescription filling. Each herb is checked and initialed on the original printed order form by the filling pharmacist. Urban Herbs Co. is in no way responsible for mistakes in a formula on the part of the practitioner, nor any results of those mistakes, including illness or injury to the patient (herin Secondary Client) for whom the prescription was written. Urban Herbs Co. does not accept returns of any formula once it leaves its pharmacy, unless there is a filling error. Urban Herbs Co. is not responsible for formulas once they have left the premises of its pharmacy, and will not issue refunds for formulas or products that have been damaged during shipping. PRICING AND AVAILABILITY. All prices displayed on the site are quoted in U.S. Dollars and are valid and effective only in the United States. Urban Herbs Co. reserves the right to discontinue, change prices or change specifications on products and services offered on this site without prior notice and without incurring any obligations. Herbs sold by Urban Herbs Co. are for the purposes of creating custom prescriptions only. We are not established as a bulk herb retailer or wholesaler, and do not therefore fulfill orders for large quantities of single Herbs . We always try to price our products reasonably and responsibly, but due to fluctuations in world market prices and a host of other factors out of our control, prices are occasionally subject to change without notice. Occasionally some products may be unavailable. Please note that we do not automatically place items on backorder. PRIVACY & SECURITY. Urban Herbs Co. is committed to protecting the privacy and accuracy of your confidential information to the fullest extent possible, subject to provisions of state and federal law. Other than in response to subpoenas or other legal instruments that authorize access, personal information is not actively shared. In particular, we do not re-distribute or sell personal information collected on our web server. Your personal information is used by us to facilitate orders you place with us, and to notify you of promotions, company and product updates, and to send you informative materials such as our newsletter. However, you may opt to have us not send you any of these notices or materials at any time by contacting us through email or by telephone. INFORMATION ABOUT YOU. When you apply to set-up an online account with us (preregistration), we collect various kinds of personal information, including your name, company name, address, billing information, business type and related business info (such as license number and state) and an e-mail address. We also collect and store access information related to your account including account number and user password. When you make purchases from our site, we may collect purchasing information such as product orders, shipping address(es), and credit card information. When you set up an online account with us and provide such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by the Urban Herbs Co. Account Set-up form at registration and (b) you will maintain and promptly update your My Account data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Urban Herbs Co. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Urban Herbs Co. has the right to suspend or terminate your account and refuse any and all current or future use of the Urban Herbs Co. web site. On the Account Set-up page you are given the opportunity to receive e-mail communications from us or not. You may change this preference and your account information at any time. We also collect "aggregate information", which is information about use of our site, such as pages visited on our site. CREDIT CARD BILLING & SECURITY. Our web site uses SSL (Secure Socket Layer) encryption so that your personal information cannot be read as it passes over the Internet. SSL keeps others from seeing your personal information by scrambling it so that only your web browser, and the server of our website, can decipher it. In addition, your online password adds another layer of security to your account. These measures make it very unlikely that your credit card information will be compromised online. However, in the event of an unauthorized use of your credit card, notify your credit card provider or issuing bank in accordance with its reporting rules and procedures. Unauthorized use of your credit card may be subject to regulations that limit your liability. In no event will Urban Herbs Co. be liable for unauthorized use of your credit card by a third party. If you choose to pay with a credit card, you agree that you allow us to bill your credit card for the total amount indicated. If you prefer not to order online, please call us at 303-449-WAVE, Monday through Friday, 8am-4:30pm Mountain Time) to place your order. A representative will be happy to assist you. PAYMENT TERMS. Credit Cards. We accept Visa, MasterCard, Discover and American Express credit cards. Money orders, cashier's checks, company checks, & personal checks are accepted only if terms have been previously set-up with Urban Herbs. There is no surcharge for using your credit card to make purchases with us. Please be sure to provide the exact billing address and telephone number for your credit card - the address and phone number bank has on file for you. Incorrect information may cause a delay in processing your order. Your credit card will be billed upon shipment of your order. LIMITED WARRANTY AND LIMITED LIABILITY. YOU AGREE TO INSPECT ALL PRODUCTS AND PACKAGING IMMEDIATELY UPON RECEIPT. Urban Herbs Co. AGREES THAT IT WILL REPLACE PRODUCTS WHEN THERE IS A DEFECT IN PRODUCT OR PACKAGING THAT MAKES THEM UNUSABLE, AND WHEN THE DEFECTS ARE REPORTED WITHIN THREE CALENDAR DAYS OF YOUR RECEIPT OF THE PRODUCT. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Urban Herbs'S LIABILITY UNDER THE FOREGOING WARRANTY SHALL NOT EXCEED THE PURCHASE PRICE OF THE GOODS, OR AT THE ELECTION OF Urban Herbs, THE REPLACEMENT OF THE GOODS. IN NO EVENT SHALL Urban Herbs Co. BE RESPONSIBLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES. SHIPPING. Shipping is charged to either the practitioner or the Secondary Client for whom the shipment is intended and is noted on each invoice. You may also designate your own collect shipper or courier. In all cases, Urban Herbs's responsibility for the goods ceases upon delivery to the shipper, and thereafter you will bear the risk of loss. You must make all claims arising from shipping directly to the shipper. RETURN OF NON-DEFECTIVE GOODS. Except for goods returned pursuant to the Limited Warranty of these Terms and Conditions, no returns will be accepted after 30 days of invoice date or without Urban Herbs's prior authorization, and such returns are subject to a 20% reprocessing fee. OTHER CONDITIONS OF USE AND SERVICE. Urban Herbs Co. is not established as a wholesale, single herb distributor and uses its inventory almost exclusively for the creation of custom prescriptions by licensed practitioners. Attempts to make large orders of single Herbs , actual or perceived by Urban Herbs, may be delayed or rejected by Urban Herbs Co. without further explanation. All payments made to Urban Herbs Co. in such cases will be refunded, save applicable processing fees. Urban Herbs Co. uses brewing bags by default for raw Herbs . These are not guaranteed to remain sealed, thus contain one hundred percent of their contents under all conditions and/or when filled with Herbs that may potentially compromise their integrity. Urban Herbs Co. is in no way responsible for Herbs that may come loose during cooking or shipping, resulting in injury to practitioners or clients. Regarding powdered raw Herbs : Not all Herbs behave the same during the powdering process given the large variety in herb body. As a result, some parts of Herbs may be lost during the powdering process, such as fine hairs, fibers, or hulls. Likewise, when powdered Herbs are sealed in brewing bags, fine herb dust may escape the brewing bag. Urban Herbs Co. is not responsible for loss of volume in these cases. Regarding Herbs that are air-sealed: air sealing does not guarantee a longer shelf-life of the Herbs inside the bag, and it is the responsibility of the purchaser to store Herbs packaged in this way properly. Urban Herbs Co. does not promise nor establish shelf-life of prescriptions and is not responsible for Herbs that spoil once they have been sold, in any type of packaging. Regarding Herbs that are encapsulated: Urban Herbs Co. does not have a minimum or volume-restrictive encapsulation policy. This manual-intensive packaging method may mean the loss of small amounts of herb during the process, which may be 0-3 grams depending on the overall volume of the prescription. No refunds are issued for such loss. OTHER CONDITIONS OF SALE. Urban Herbs Co. reserves the right to deny, postpone, and/or cease service to any practitioner or Secondary Client, for any reason, especially in cases where safety may be compromised. Clients may not supply non-licensed practitioners with Urban Herbs's products, in any capacity. CONDITIONS OF SURCHARGE. Urban Herbs Co. reserves the right to apply additional charges whenever orders are not entered directly into the website ordering system by the ordering practitioner-client, i.e. accepted phone orders and/or email orders, even when such orders have been approved by Urban Herbs. Surcharges applied to any order will be performed outside the website ordering system, and clients will receive a separate, emailed invoice detailing those charges. DISCOUNTS AND COUPONS. Urban Herbs Co. offers various types of coupons, all of which carry a code to be entered into the website ordering system during order. Urban Herbs Co. is under no obligation to retroactively apply coupons or discounts once an order has been placed. Coupons that have been used improperly or distributed to individuals other than intended, may result in Urban Herbs Co. canceling those orders without further explanation. COPYRIGHT AND TRADEMARK. This site is owned and operated by Urban Herbs Co. . Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Urban Herbs Co. and are legally trademarked. All software and related coding, as well as database formats that allow practitioners to store, build, prescribe, ship and otherwise customize orders and herbal formulas, including Secondary Client and practitioner profiles, is likewise protected and cannot be duplicated in any form, nor be used as the basis of derivation for similar ordering systems on other websites that offer identical services. You may use the content of this site only for the purpose of browsing or placing an online order and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Urban Herbs Co. 's prior written permission. As stated in MEMBER AND USER CONDUCT, Urban Herbs Co. Urban Herbs Co. reserves the right to deny any applicant full registration and access to its website. I acknowledge that I cannot be considered a competitor to Urban Herbs Co. and/or their services, in other words an owner, member, or employee of a company that combines and/or takes prescriptions from other practitioners for Chinese and related single herbal substances and sells them to said practitioners or their respective clients. The falsification of one's identity and/or credentials during preregistration, or the use of a registered user's account by a non-registered party, for any purpose, is strictly prohibited, is grounds for cancellation of the registered user's account, as well as legal action to the fullest extent possible under all terms of this agreement (Terms) for all involved parties. All other trademarks or service marks are property of their respective owners. The use of any of these trademarks or service marks without Urban Herbs Co. 's express written consent is strictly prohibited. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. LINKS. Some links on the site will allow you to connect with sites that are not under our control. Urban Herbs Co. is providing these links only as a convenience. The appearance of a link does not imply Urban Herbs Co. endorsement, nor is Urban Herbs Co. responsible for the contents of any linked site. FEEDBACK AND SUBMISSIONS. You agree you are and shall remain solely responsible for the contents of any feedback or submissions you make, and you will not submit material that is unlawful, defamatory, abusive or obscene. You agree that you will not submit anything to the site that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). While we appreciate your interest in Urban Herbs, we do not want and cannot accept any ideas you consider to be proprietary regarding designs, product technology or other suggestions you may have developed. Consequently, any material you submit to this site will be deemed a grant of a royalty free non-exclusive right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute these materials anywhere in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised. VENUE, JURISDICTION AND SERVICE OF PROCESS. Any dispute arising from these terms and conditions or in connection with a Urban Herbs Co. product, shall be resolved by a court of competent jurisdiction in Boulder County, Colorado and the parties agree to submit to the jurisdiction of the aforesaid court as the exclusive tribunal for the resolution of disputes between them. Urban Herbs Co. makes no representation that materials in this site are appropriate or available for use in other locations. If you access this site from outside the United States, be advised this site may contain references to products and services that are not available or are prohibited in your country. ENTIRE AGREEMENT. These terms and conditions contain the complete agreement between the parties. You acknowledge that there are no representations or warranties by Urban Herbs, with respect to this agreement other than those contained herein or elsewhere in a writing signed by an authorized corporate officer of Urban Herbs. INTERNET SALES POLICY Urban Herbs Co. does not sell its products directly to consumers. We believe that most Chinese herbal substances should be dispensed by a practitioner trained and licensed in traditional Chinese herbal prescribing, and only after a thorough diagnosis has been made. We therefore sell our products only to licensed practitioners. Urban Herbs's has on its website instruction templates for cooking Herbs for use by practitioners during the online prescribing process. These are outlines only, ones that must be edited appropriately by the practitioner before the submission of any formula. Urban Herbs Co. is not responsible, in any way, for results associated with the use or application of these instruction templates by practitioners or their Secondary Clients. When selling to the general public, it is important to remember that the listing of product claims on a website or product is illegal. Urban Herbs Co. makes no claims on our products or anywhere on our website that is accessible to the general public. Therefore, we do not give out nor agree to having product information pulled from our website and posted on other websites, not including basic information on dosage, ingredients and contraindications. Urban Herbs Co. Pharmacy serves only licensed practitioners, ones whose intended use of Urban Herbs Co. is as follows: resale of their written prescriptions to their own (practitioners') Secondary Clients, allowing the purchase formulas from Urban Herbs Co. free of sales tax charges. Urban Herbs Co. legally requests during the registration process license number of the practitioner, as well as the business address associated with that number, and/or a physical copy of any licenses so that the verification process may be completed. *Click here to accept terms
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