Privacy notice

Gathering information from visitors

Every computer connected to the Internet is provided with a domain name (e.g. earthlink.net) and an ip address (e.g. 192.164.13.145). When a visitor requests a page from within the herbarinc.com website, our web servers automatically identify and log the http request that is made to our web server. This information reveals nothing personal about you. Tn fact, the only information that we automatically gather and log is as follows:

• The ip address of the site that may have referred you.
• Your ip address the web page that you may have linked to us from, if any.
• The product identifier for version and make of browser (e.g. internet explorer)
• The operating system platform that you may be running (e.g. macintosh or windows)
• Search words or terms that are passed from a search engine (e.g. Google, Yahoo, or Bing)

There is nothing special about the information just described, and the practice of collecting this data has been generally standardized by virtually every web server on the Internet today. The purpose for this information is actually twofold. One, Herbar, Inc. has found it advantageous to examine visitor traffic in its aggregate, so that we can ensure maximum compatibility for the various browsers and operating systems that visit our site. Additionally, as any business should attest, it is our desire to generate greater amounts of visitor traffic. By analyzing visitation patterns, referring Urls and search engine terms, we can strategically enhance our exposure on the Internet.

“Cookies”

Cookies are small data files written to your computer’s hard drive from our web server. A cookie cannot read data from your hard disk or read cookie files that may have been created from other sites. You can choose whether to accept or deny cookies by changing the settings of your browser. Typically, by accessing the browser’s help feature you can obtain information on how to prevent your browser from accepting all cookies or to notify you when a cookie is being sent. If you choose not to accept cookies from our web server, your experience at our website may be diminished and some features may not work as intended.

Other requested information

We may also request your e-mail address or mailing address for the purposes of conducting a survey, adding you to our mailing list, or by your request to have someone contact you for additional information. Whenever we request the identity of a visitor, we will clearly indicate the purpose of the inquiry before the information is requested. We maintain a strict “no spam” policy that means we do not intend to sell, rent, or otherwise give your e-mail address to a third-party, without your consent. In addition, Herbar, Inc. will not send you e-mail that you have not agreed to receive. If you are a member of our mailing list, you will be contacted with announcements, news, and new products or services. You have the option of “unsubscribing” from our mailing list at any time, thereby disabling any further such e-mail communication from being sent to you. If you wish to have specific communications with a member of Herbar, Inc. staff, you will be required to provide specific information that will be routed to the appropriate contact within Herbar, Inc..

Disclosures

Herbar, Inc. will disclose your personal information or any of its log file information when required by law or in the good-faith belief that such actions are necessary to:

• Conform to the edicts of the law or comply with a legal process served on herbarinc.com.
• Protect and defend the rights or property of Herbar, Inc., or visitors of the herbarinc.com website.
• Identify persons who may be violating the law, the legal notice, or the rights of third parties.
• Cooperate with the investigations of purported unlawful activities.

Herbar, Inc. uses reasonable precautions to keep the information disclosed to us secure. Herbar, Inc. reserves the right to transfer information in connection with the sale of all or part of Herbar, Inc. capital stock or assets to any third party. Furthermore, we are not responsible for any breach of security or for any actions of any third parties that receive the information. Herbarinc.com may also provide “links” to a variety of other web sites on the Internet. We are not responsible for their privacy policies or how those web sites manage information about their users. We strongly urge you to check with those web sites to determine their privacy policy. Any changes to this privacy policy will be posted on this page so that you are always aware of the information that we collect, how we use it, and under what circumstances we disclose it.

Conditions of use

The herbarinc.com website has been made available to you subject to your compliance with the terms and conditions set forth below (the “terms of use”). Please read this document carefully before accessing or using the herbarinc.com website. By accessing or using this website, you are agreeing to be bound by the terms of use. If you do not wish to be bound by the terms of use, you may not access or use the website.

The herbarinc.com website has been made available to you subject to your compliance with the terms and conditions set forth below (the “terms of use”). Please read this document carefully before accessing or using the herbarinc.com website. By accessing or using this website, you are agreeing to be bound by the terms of use. If you do not wish to be bound by the terms of use, you may not access or use the website.

Modifications of these terms of use

Herbar, Inc. reserves the right to change the terms, conditions, and notices at any time, and such modifications shall be effective immediately upon posting of such changes. You are therefore responsible for regularly reviewing these terms of use and additional terms or notices posted on the herbarinc.com website. Your continued access of this website shall be deemed your conclusive acceptance of the modified agreement.

Privacy

Please review our privacy policy, which also governs your visit to the herbarinc.com website, to understand our practices regarding the use and disclosure of your personal information.

Electronic communications

Whether you visit the herbarinc.com website, email us, or submit any type of information to us via the herbarinc.com website, you are communicating with us electronically, and thereby you are consenting to receive communications from us electronically or by other means available. We will communicate with you electronically, by telephone or by facsimile. It is further understood that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

Copyright and licenses

The entire contents of this website, including but not limited to: text, graphics, photographs, logos, button icons, flash movies, images, digital downloads, data compilations, and software, are the property of Herbar, Inc., its content suppliers or its clients and are protected by domestic and international copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the website contents without the prior express written consent of Herbar, Inc.. You may print or download portions of the materials from various areas of this website solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. If you believe any content appearing on our website constitutes a copyright infringement of another parties rights, please contact us immediately to notify us of this infringement. Your submissions of files including but not limited to: photographs, resumes, e-mail, images, logos, and other material hereby constitutes your agreement to grant Herbar, Inc. a non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license, to reproduce, distribute, transmit, modify, adapt, sub-license, and publicly display any such submissions. You also grant Herbar, Inc. the right to utilize your name in connection with all advertising, marketing and promotional materials related thereto.

License and website access

Herbar, Inc. grants you limited license to access and make personal use of this website and not to download (other than for page caching purposes) or modify it, or any portion of it, except with the express written consent of Herbar, Inc.. This website or any portion of this website may not be reproduced, duplicated, adapted, copied, sold, resold, transmitted or otherwise exploited for any commercial purpose without the express written consent of Herbar, Inc.. You may not frame, or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, flash movie, page layout, or form) of herbarinc.com without the express written consent of Herbar, Inc.. You may not use meta tags or any other “hidden text” which utilize herbarinc.com, herbar, Herbar, Inc. or any other derivative of our domain or company name without the express written consent of Herbar, Inc.. You are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of herbarinc.com so long as the link does not portray any false, misleading, derogatory, or otherwise offensive matter. it is further understood and agreed that Herbar, Inc. cannot and does not guarantee or warrant that files made available for downloading through the herbarinc.com website will be free of infection or viruses, worms, trojan horses or other code that manifests contaminating or destructive properties. It is your responsibility for implementing sufficient safeguards and procedures to ensure that any files obtained through herbarinc.com are free from such contaminations.

Disclaimer of warranty /limitation of liability

This website and related information is provided by Herbar, Inc. on an “as is” and “as available” basis. Herbar, Inc. makes no express or implied warranties, representations or endorsements of any kind, or as to the operation of this website or the information, content, materials, or products included on this website. You expressly agree that your use of this website is at your sole risk. To the full extent permissible by applicable law, Herbar, Inc. disclaims all warranties, express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose. Herbar, Inc. does not warrant that this website, its servers, or e-mail sent from herbarinc.com are free of viruses or other harmful components. Herbar, Inc. will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Herbar, Inc. uses reasonable efforts to include accurate and up-to-date information on this website. Herbar, Inc. assumes no liability or responsibility for any typographical or other errors or omissions in the content of this site. In the event that a product is listed at an incorrect price or with other incorrect information, Herbar, Inc. shall have the right to refuse or cancel any orders placed for the product listed incorrectly. If a product offered by herbarinc.com is not as described, your remedy is to return it to Herbar, Inc. for a refund. Please refer to “Shipping and Return” for details. All shipping required to return a product will be at the buyer’s expense. 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 above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

Third party and distributor links

Linked websites are not under the control of Herbar, Inc. and Herbar, Inc. is not responsible for the contents of any linked site or any link contained in a linked site. Herbar, Inc. neither recommends nor endorses any distributors listed in the herbarinc.com website. Herbarinc.com lists distributors and provides links to you only as a convenience, and the inclusion of any link does not imply or constitute an endorsement by Herbar, Inc. of the site or a distributor.

Applicable law

By visiting the herbarinc.com website, you agree that the laws of the state of Washington, without regard to principals of conflict of laws, will govern these terms of use and any dispute of any sort that might arise between you and Herbar, Inc..

Disputes

Any dispute relating in any way to your visit or access of the herbarinc.com website or to the products or services you purchase through the herbarinc.com website shall be submitted to binding arbitration in Vancouver, Washington, except that, to the extent you have in any manner violated or threatened to violate Herbar, Inc. intellectual property rights, Herbar, Inc. may seek injunctive or other appropriate relief in any state or federal court in the state of Washington, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these terms of use shall be conducted under the rules then prevailing of the American arbitration association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these terms of use shall be joined to an arbitration involving any other party subject to these terms of use, whether through class arbitration proceedings or otherwise.

Indemnification

You agree to indemnify, defend and hold harmless Herbar, Inc., its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the website from and against all losses, expenses, damages and costs, including attorney’s fees, resulting from any violation of these terms of use (including negligent or wrongful conduct) by you or your use and access of the herbarinc.com website.

International use

Given the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the internet, data, e-mail, privacy, copyright, and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Other provisions

The failure of Herbar, Inc. to insist upon or enforce strict performance of any provision of these terms of use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these terms of use. Herbar, Inc. may assign its rights and duties under these terms of use to any party at any time without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.

Request and address

Please direct comments, questions, and/or notices to Herbar, Inc. at the contact address available on the website.