Terms Of Service

Powered By Nature Herbs Terms of Use

These Terms of Use (“Terms”) govern your use of the Poweredbynatureherbs.com Web site (the “Site”) and associated content and services (collectively, the “Powered By Nature Herbs content”") constitute an agreement between you and DMC Wellness LLC. (“Powered By Nature Herbs”).

Your use of the Powered By Nature Herbs Content is conditioned upon your acceptance and continued adherence to these Terms. If you do not wish to be bound by these Terms of Use, discontinue using and accessing the Powered By Nature Herbs Content immediately.

You understand and agree that Powered By Nature Herbs may modify these Terms at any time without prior notice, and such modifications will be effective upon our posting of the new Terms on the Site or for the Apps. You agree to review the Terms periodically so that you are aware of any modifications. Your continued use of the Powered By Nature Herbs Content after any modifications indicates your acceptance of the modified Terms.

Disclaimers

Powered By Nature Herbs Content includes information regarding specific Powered By Nature Herbs product batches and lots. Powered By Nature Herbs has made good-faith efforts to compile and present this information, but does not guarantee its accuracy or completeness.

The information, instructions, and general advice contained in the Powered By Nature Herbs Content is intended only as a general reference for further exploration, and is not a replacement for professional health advice. The Powered By Nature Herbs Content does not provide dosage information, format recommendations, toxicity levels, or possible interactions with prescription drugs or other items. We urge you to consult your qualified health care professional such as a naturopathic physician when using any of the Powered By Nature Herbs Content. Do not disregard, avoid or delay obtaining medical or health-related advice from your health care professional because of the Powered By Nature Herbs Content.

Developments in medical research may impact the information that appears here. No assurance can be given that the information contained in the Powered By Nature Herbs Content will always include the most recent findings or developments with respect to the particular material.

Powered By Nature Herbs does not recommend or endorse any specific physicians, procedures, or opinions that may be mentioned or included in the Powered By Nature Herbs Content.

If you are in the United States and think you are having a medical or health emergency, call your health care professional, or 911, immediately.

The use of Powered By Nature Herbs Content or products is solely at your own risk.

Privacy Policy

Protecting your privacy is important to us. Please consult our Privacy Policy to learn how we collect and treat your personal information. The Privacy Policy is incorporated by reference as part of these Terms.

Age Restrictions

In order to use the Powered By Nature Herbs Content, you must be 14 years of age or older. If you are 14 years of age or older but less than 18 years old, you must request permission from your parent or guardian before accepting these Terms or using the Powered By Nature Herbs Content. If you are registering on behalf of your minor child, you agree to accept responsibility for your child’s use of the Powered By Nature Herbs Content.

Use of Powered By Nature Herbs Content and Site

You may use the Powered By Nature Herbs Content solely for your own personal benefit and you agree not to use the Powered By Nature Herbs Content for any commercial use or in support of any other person or entity.

You may not use the Powered By Nature Herbs Content to:

  • Engage in or facilitate any illegal activity;
  • Upload, transmit, or otherwise distribute any viruses or other harmful, disruptive, or destructive files;
  • Interfere with or disrupt networks, systems, and/or computers used to provide the Powered By Nature Herbs Content. You agree to comply with all regulations, policies, and procedures of such networks and systems.
  • Advertise or offer to sell any goods or services unless you have Powered By Nature Herbs’ written consent to do so;
  • Restrict or inhibit any other user from using the Powered By Nature Herbs Content;
  • Collect or store personal information about other end users;
  • Impersonate any person or entity, including, but not limited to, a Powered By Nature Herbs representative, or falsely state or otherwise misrepresent your affiliation with a person or entity.

Intellectual Property

All text, video, audio, sound, graphics, software, information and other materials made available as part of the Powered By Nature Herbs Content, including but not limited to the look and feel of the Site and the Apps, are protected by copyright, trademark, and other intellectual property laws, and are owned solely by Powered By Nature Herbs. Except as expressly set forth in these Terms, you may not use, copy, distribute, display, or modify the Powered By Nature Herbs Content.

You agree to access the Powered By Nature Herbs Content only through the interface that is provided by Powered By Nature Herbs for use in accessing the Powered By Nature Herbs Content. You agree not to use any automated means, including but not limited to agents, robots, scripts, spiders, or screen scraping tools, to access, monitor, download, or copy any part of the Powered By Nature Herbs Content, unless Powered By Nature Herbs has provided prior written consent.

Powered By Nature Herbs, Poweredbynatureherbs.com, and other of our slogans, phrases, marks, icons, and logos included with or accompanying the Powered By Nature Herbs Content are our trademarks or registered trademarks. All other trademarks, service marks, logos, and trade names included with or accompanying the Powered By Nature Herbs Content are trademarks or registered trademarks of their respective owners.

Links to Other Sites

The Powered By Nature Herbs Content may contain links to other Web sites. Powered By Nature Herbs will attempt to tell you when you are leaving the Powered By Nature Herbs Content, but there may be instances when Powered By Nature Herbs is unable to do so. Powered By Nature Herbs is not responsible for the content, accuracy, or opinions expressed in other Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us.

Inclusion of any link on the Powered By Nature Herbs Content does not imply approval or endorsement of the linked Powered By Nature site by us. If you decide to leave the Site or Apps and access any third-party site, you do so at your own risk.

Limitations of Liability

In no event will Powered By Nature Herbs be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including damages for any lost profits or lost data arising from your use of the Powered By Nature Herbs Content, even if Powered By Nature Herbs is aware of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Powered By Nature Herbs’ liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to US $250. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the disclaimers, exclusions, or limitations in these Terms may not apply to you, and you may have additional rights.

Indemnity

You agree to indemnify and hold Powered By Nature Herbs and its directors, officers, agents, contractors, partners and employees harmless from and against any damage, loss, liability, claim or demand, including reasonable attorneys’ fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of your use of the Powered By Nature Herbs Content.

General Disclaimers

Powered By Nature Herbs does not warrant or covenant that the Powered By Nature Herbs Content will be available at any time or from any particular location, will be secure or error-free, or that the Powered By Nature Herbs Content or its Content is free of viruses or other potentially harmful components. Powered By Nature Herbs may also at its sole discretion modify or suspend the features, availability, operation and/or look and feel of the Powered By Nature Herbs Content from time to time without notice to you.

Powered By Nature Herbs is not responsible for any problems or technical malfunctions outside of Powered By Nature Herbs’ reasonable control, including outages in telephone/data network or lines and problems or traffic congestion on the Internet. Under no circumstances will Powered By Nature Herbs be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Powered By Nature Herbs Content.

The Powered By Nature Herbs Content is provided “as is,” and Powered By Nature Herbs disclaims any and all warranties, whether express or implied, including without limitation, implied warranties of title, merchantability, fitness for a particular purpose, non-infringement, or arising out of a course of performance, course of dealing, or usage of trade. Powered By Nature Herbs cannot guarantee and does not promise any specific results from use of the Powered By Nature Herbs Content. Your use of the Powered By Nature Herbs Content is at your own risk.

Feedback

Powered By Nature Herbs has the perpetual, unrestricted right to use and disclose any questions, comments, suggestions, ideas, feedback, or other information relating to modifying or improving the Powered By Nature Herbs Content and/or its processes and underlying software (“Feedback”), provided by you to us, whether solicited or unsolicited.

International Use

Powered By Nature Herbs make no representations that the Powered By Nature Herbs Content is appropriate or legally available for use in locations outside the United States. If you are accessing the Powered By Nature Herbs Content from outside the United States, you are solely responsible for complying with all local laws.

Software Downloads and Export Controls

Software and related technologies that may be available in connection with the Powered By Nature Herbs Content are subject to United States export controls. No software or related technologies may be downloaded from the Site, or otherwise exported or re-exported, in violation of United States export laws.

Governing Law

These Terms shall be governed by and construed in accordance with the substantive laws of the State of Michigan, USA., without reference to conflicts of laws provisions. Any dispute or claim arising out of or in connection with these Terms shall be finally settled by binding arbitration in Detroit, Michigan, in accordance with the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator. Judgment on the award rendered by the arbitrator may be confirmed, reduced to judgment, and entered in any court of competent jurisdiction. You agree that, any provision of applicable law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys’ fees. Powered By Nature Herbs reserves the right to seek any interim, preliminary, or other equitable relief from a court of competent jurisdiction as necessary to protect its rights or its property or the rights or property of its agents, suppliers, and subcontractors.

In the event that the above arbitration provision is held invalid or unenforceable, then any dispute with respect to these Terms shall be brought and heard either in the Michigan state courts located in Wayne County, Michigan, or the federal district court for the 36th District Court of Michigan located in Detroit, Michigan. In such event, you consent to the personal jurisdiction and venue of such courts. You agree that service of process upon you in any such action may be made if delivered in person, by courier service, by facsimile, or by first class mail, and shall be deemed effectively given upon receipt.

Termination

Powered By Nature Herbs may terminate or suspend your access to the Powered By Nature Herbs Content and these Terms at any time without notice if you breach any provision of these Terms. In the event of termination, those Sections in these Terms which provide for continuing obligations on your part shall survive indefinitely.

Miscellaneous

Both you and Powered By Nature Herbs agree that no partnership, agency, joint venture, or employment relationship is formed between you and us by your use of the Powered By Nature Herbs Content and neither you nor Powered By Nature Herbs have the power or the authority to obligate or bind the other. These Terms set forth the entire agreement between you and Powered By Nature Herbs pertaining to your use of the Powered By Nature  Herbs Content. If any provision of these Terms is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of these Terms shall continue in full force and effect. Our failure to exercise any right or provision of these Terms shall not constitute a waiver of such right or provision.

If you do not agree to or are not able to abide by these Terms, you have no right to access or use the Powered By Nature Herbs Content.

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