PLEASE READ THESE WEBSITE TERMS AND CONDITIONS (THE “TERMS AND CONDITIONS” OR “AGREEMENT”) CAREFULLY. THIS AGREEMENT INCLUDES WARRANTY DISCLAIMERS, LIMITS ON OUR LIABILITY, AND A MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISION. SEE “DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY” AND “GOVERNING LAW; DISPUTE RESOLUTION” SECTIONS FOR DETAILS.
By accessing this Website (defined below), you agree to be bound by these Website Terms and Conditions.
Visiting https://www.italianherbsdispensary.com or sending emails to Italian Herbs constitutes electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site satisfy any legal requirement that such communications be in writing.
Links to Third-Party Sites/Third-Party Services
https://www.italianherbsdispensary.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Italian Herbs and Italian Herbs 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. Italian Herbs is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Italian Herbs of the site or any association with its operators.
Certain services made available via https://www.italianherbsdispensary.com are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the https://www.italianherbsdispensary.com domain, you hereby acknowledge and consent that Italian Herbs may share such information and data with any third party with whom Italian Herbs has a contractual relationship to provide the requested product, service, or functionality on behalf of https://www.italianherbsdispensary.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Italian Herbs 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 any of the content, in whole or in part, found on the Site. Italian Herbs 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 notices 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 Italian Herbs and 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 Italian Herbs or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated, and administered by Italian Herbs from our offices 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 Italian Herbs Content accessed through https://www.italianherbsdispensary.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
You agree to indemnify, defend and hold harmless Italian Herbs, 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. Italian Herbs 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 event you will fully cooperate with Italian Herbs in asserting any available defenses.
Governing Law; Dispute Resolution
This Agreement will be governed by and construed under the substantive laws of the State of Ohio, as if they were a contract wholly entered into and wholly performed within Ohio and without reference to conflict-of-laws considerations.
ANY DISPUTE RELATING IN ANY WAY TO THIS TOS OR THE RELATIONSHIP BETWEEN THE PARTIES SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN CUYAHOGA COUNTY, OHIO, AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT A SINGLE ARBITRATOR WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. IT IS FURTHER AGREED THAT ANY DISPUTE OVER THE SCOPE OF THIS ARBITRATION PROVISION AND ANY DISPUTE AS TO WHETHER A CLAIM IS ARBITRAL SHALL BE SUBMITTED TO THE ARBITRATOR FOR DECISION. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE HAVE A CAUSE OF ACTION IN EQUITY, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY COURT OF COMPETENT JURISDICTION AND YOU CONSENT TO JURISDICTION AND VENUE IN ANY SUCH COURT FOR SUCH PURPOSES. ARBITRATION IN CONNECTION TO THIS TOS SHALL BE CONDUCTED UNDER THE CONSUMER-RELATED DISPUTES SUPPLEMENTARY RULES THEN PREVAILING WITH THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR’S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
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 Italian Herbs agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ITALIAN HERBS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.
ITALIAN HERBS AND/OR 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” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ITALIAN HERBS 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.
Italian Herbs 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 Ohio, and you hereby consent to the exclusive jurisdiction and venue of courts in Ohio in all disputes arising out of or relating to the use of the 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.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Italian Herbs as a result of this agreement or use of the Site. Italian Herbs’ performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of Italian Herbs’ right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Italian Herbs with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Italian Herbs with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Italian Herbs with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
Changes to Terms
Italian Herbs reserves the right, in its sole discretion, to change the Terms under which https://www.italianherbsdispensary.com is offered. The most current version of the Terms will supersede all previous versions. Italian Herbs encourages you to periodically review the Terms to stay informed of our updates.
Italian Herbs welcomes your questions or comments regarding the Terms:
Email Address: email@example.com
Telephone number: 440-990-1600
Sorry, you’re a bit too young. Please visit again after your 18th birthday.