TERMS AND CONDITIONS OF USE

Agreement between User and The Herban Pharm LLC

Welcome to www.TheHerbanPharm.dispensarytree.com website, (the “Site”) is compromised of various web pages operated by The Herban Pharm, LLC. Access is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of this Site constitutes your consent to all such Terms. Please read these terms carefully, check for updates, and keep a copy of them for your reference.

Electronic Communications/ Agreements

Visiting TheHerbanPharm.com or sending emails to any email addresses provided from TheHerbanPharm.com constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirements that such communications be in writing.

Your Account

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 password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that The Herban Pharm is not responsible for third party access to your account that results from theft or misappropriation of your account. The Herban Pharm and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Privacy Policy

Your submission of personal information through the store is governed by our Privacy Policy. To view our privacy policy, see below.

Payment and Order Policy

1. Prices and Fees

All prices are specified on the Site. Prices are subject to change without notice.

2. Currency

All amounts are in United States Dollars.

3. Payment Terms

You, whether a customer, Patient or Practitioner) hereby agrees to be bound by and subject to The Herban Pharm Terms of Use, Privacy Statement and Order Policy by clicking the “Pay Now” button on the Site. When you make a payment, you are authorizing The Herban Pharm to immediately charge the full dollar amount associated with your transaction. You are solely responsible for, and agree to pay, all charge-backs, reversals, claims, fees fines, penalties and any other liabilities (whether foreseeable or not) incurred by The Herban Pharm, either directly or indirectly, that arise from any transaction authorized by you on the Site.

4. Payment Source

The Herban Pharm only accepts Visa, Mastercard, Discover and American Express.  Upon providing your payment source and details to The Herban Pharm, you hereby represent and warrant that you are lawfully authorized to use such payment source. All information collected by The Herban Pharm in connection with any transaction or payment source authorized by you on the Site shall be processed in accordance with our Privacy Statement. 

5. Delivery

Shipping Rates may vary, are based on flat rate and delivery location, and are subject to change without notice. The Herban Pharm is not responsible for errors made by the carrier service. You may elect to pick up your order in person (“In-Person Delivery”). If you choose In-Person Delivery, you will receive notice from The Herban Pharm when your order is ready. All orders requesting In-Person Delivery must be picked up no later than ten (10) days following the Notice date (“Delivery Date”). The Herban Pharm is not liable for any orders not picked up by the Delivery Date.

This Payment and Order Policy is subject to all applicable federal, state, and local laws and regulations.

Cancellation and Return and Refund Policy

All orders are custom, filled to order and are non-refundable and non-returnable.  Prepayment in full is due prior to order being fulfilled. All customized order transactions are final. There are no refunds or cancellations after payment for order has been received and fulfillment process has begun. 

Product description

Our herb offerings list botanicals by both their common name and their Latin binomial as found in the American Herbal Products Association’s Herbs of Commerce publication.

Patients

For the purposes of these Terms and Conditions, a “Patient” is a client of Practitioner. All Patient uses of the Site must be associated with an active Practitioner and have a current prescription for a custom herbal formula before any order can be placed through the Site. In the event a Practitioner changes Practitioners, the new Practitioner must create a new record for the Patient in his/ her account.

All Patient’s expressly acknowledge that The Herban Pharm does not and will not provide any recommendations with respect to any order, prescription, or use of the items contained therein, and that Patient and/or Patient’s Practitioner are the only individuals involved in the process of selecting, ordering, and suggesting the appropriate use for any items ordered using the Site.

Practitioners

For the purposes of these Terms, a “Practitioner” is an individual who has applied for and received practitioner status. To be considered a Practitioner, interested persons must apply for “Practitioner” status through the Site, by providing The Herban Pharm all information necessary to determine eligibility for such status. The Herban Pharm reserves the right to deny anyone the status of Practitioner for any reason whatsoever, in its sole discretion.

Knowledge and Experience of Practitioner users

All Practitioners hereby represent and warrant to The Herban Pharm they have sufficient experience and knowledge to make informed decisions regarding ordering herbal formulas  through the Site, whether the order is a catalog item or a custom item. Further, Practitioner’s expressly acknowledge they are making their own decisions in connection with all orders made through The Herban Pharm and that The Herban Pharm has not, and will not, make any recommendations to a Practitioner with respect to any order or use of items contained therein.

Children Under Thirteen

The Herban Pharm does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use this TheHerbanPharm.com only with the permission of a parent or guardian.

No Unlawful or Prohibited Use/ Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use TheHerbanPharm.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to The Herban Pharm that you will not use the Site for any purpose that is unlawful or prohibited by these terms. You may not use the Site in any manner which could damage, disable overburden or impair the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Site.

All content included as part of the Service, such as text, graphics, logos, images as well as compilation thereof, and any software used on the Site, is the property of The Herban Pharm or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit in of the content, in whole or in part, found on this Site. TheHerbanPharm.com content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notice in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of The Herban Pharm and/or the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of The Herban Pharm or our licensors except as expressly authorized by these Terms.

Links to Third Party Sites/ Third Party Services

TheHerbanPharm.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of TheHerbanPharm.com and The Herban Pharm is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Herban Pharm is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Herban Pharm of the site or any association with its operators.

Certain services made available via The Herban Pharm are delivered by third party sites and organizations. By using any product, service or functionality originating from the TheHerbanPharm.com domain, you hereby acknowledge and consent that The Herban Pharm may share such information and data with any third party with whom The Herban Pharm has a contractual relationship to provide the requested product, service or functionality on behalf of TheHerbanPharm.com users and customers.

Third Party Accounts

You will be able to connect your TheHerbanPharm.com account to third party accounts. By connecting your The Herban Pharm account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you shared in this manner do not use this feature.

International Users

This site is controlled, operated and administered by The Herban Pharm from our office within the USA. If you access the service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use The Herban Pharm content accessed through TheHerbanPharm.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless The Herban Pharm, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. The Herban Pharm reserves the right, at its own cost to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which you will fully cooperate with The Herban Pharm in asserting any available defenses.

Class action waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/ representative/ collective actions are not permitted. The parties agree that a party may bring claims against the other only in each’s individual capacity, and not as a plaintiff or class member in any putative class, collective and/or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both you and The Herban Pharm agree otherwise, the arbitrator may not consolidate more than one persons claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

The information, software, products, pricing and services included in or available through this site may include inaccuracies or typographical errors, changes are periodically added to the information herein. The Herban Pharm and its suppliers may make improvements and/or changes in the site at any time.

The Herban Pharm and its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is”, “as available” basis without representations or warranties or condition of any kind.  The Herban Pharm and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall The Herban Pharm and/or its suppliers be liable for any direct, indirect, punitive, incidental, special consequential damages or any damages whatsoever including without limitations,  damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of this site or related services, the provisions of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of this site, whether based on contract, tort, negligence, strict liability or otherwise, even if The Herban Pharm or any of its suppliers has been advised of the possibility of damages. The above limitation may not apply to you. If you are dissatisfied with any portions of the site, or with any of these terms of use your sole and exclusive remedy is to discontinue using the site.

Termination/ Access Restriction

The Herban Pharm reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Maryland and you hereby consent to the exclusive jurisdiction and venue courts in Maryland in all disputes arising out of or relating to the use of this Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

Changes to terms

The Herban Pharm reserves the right, in its sole discretion, to change the Terms under which The Herban Pharm products and/or services is offered. The most current version of the Terms will supersede all previous versions. The Herban Pharm encourages you to periodically review the Terms to stay informed of our updates.

Your accessing of this website, TheHerbanPharm.com and/or undertaking of a transaction or agreement indicated your understanding, agreement to and acceptance, of the full Terms and Conditions contained herein. We, The Herban Pharm may revise this policy with out notice. The revised policy will be effective and binding at the time it is posted to the Site.

Please contact us if you have any questions regarding these Terms and Conditions.

BZ@The HerbanPharm.com

Effective as of April 21, 2021

Privacy Policy

Last updated: April 13, 2021

This Privacy Policy describes The Herban Pharm’s policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.  This privacy policy applies

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

• means a unique account created for You to access our Service or parts of our Service.
• (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to The Herban Pharm LLC, Baltimore 21212.
• are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
• refers to: Maryland, United States
• means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Personal Data is any information that relates to an identified or identifiable individual.

• refers to the Website.

Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.

Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.

Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

• refers to “Site”, accessible from http://theherbanpharm.com
• means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

Email address

First name and last name

Phone number

Address, State, Province, ZIP/Postal code, City

Credit card information

Usage Data

We will collect personal identification information from You only if such information is voluntarily submitted to Us. You can always refuse to supply personal identification information, except that it may prevent You from engaging in certain Site related activities.

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Tracking Technologies and Cookies

We may Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:

• Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.
• Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read "Where can I change the settings for disabling, or deleting local shared objects?" available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_
• Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. You can learn more about cookies here: All About Cookies by TermsFeed.

We may both Session and Persistent Cookies for the purposes set out below:

Necessary / Essential Cookies

Type: Session Cookies

Administered by: Us

Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

Cookies Policy / Notice Acceptance Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

Functionality Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

Use of Your Personal Data

The Herban Pharm LLC collects and uses Personal Data for the following purposes:

To provide and maintain our Service, including to monitor the usage of our Service.

To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.

For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.

To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.

To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.

To manage Your requests: To attend and manage Your requests to Us.

For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

Sharing of Your Personal Data

We do not sell, trade, or rent Your personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners and trusted affiliates for the purposes outlined above.  We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share you information with these parties for those limited purposes provided that You have given us your permission.

We may share Your personal information in the following situations:

• With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, for payment processing, to contact You.
• With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
• With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
• With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
• With Your consent: We may disclose Your personal information for any other purpose with Your consent.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Disclosure of Your Personal Data

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation
• Protect and defend the rights or property of the Company
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the personal safety of Users of the Service or the public
• Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

The Service Providers We use may have access to Your Personal Data. These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies.

Email Marketing

We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.

We may use Email Marketing Service Providers to manage and send emails to You.

Go Daddy

Their Privacy Policy can be viewed at https://www.godaddy.com/legal/agreements/privacy-policy?target=_blank

Payments

We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g. payment processors).

We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

Their Privacy Policy can be viewed at https://www.authorize.net/company/privacy/

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

The Herban Pharm LLC has the discretion to update this privacy policy at any time. When do, we will revise the update date at the top of this page and/ or send you an email.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

If you have any questions about this Privacy Policy, You can contact us:

• By email: bz@theherbanpharm.com