Terms and Conditions
Welcome to Soulful Herbals LTD!
Thank you for visiting the website of Soulful Herbals LTD (www.soulfulherbals.com).
Please read these Terms & Conditions (the “Agreement” or “Terms”) carefully before using this website (“Website”), any of our mobile applications (“Apps”) or our social media pages (“Social Media”, and together with the Site and Apps, our “Services”).
By using the Services in any manner, including but not limited to visiting or browsing the Website, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink, and all applicable laws.
If you enter into any other agreement with us, then these Terms are in addition to the terms and provisions of such other agreement.
- MODIFICATION TO THESE TERMS.
We reserve the right to update or modify these Terms at any time without notice, and you agree that we may do so. If the modifications to these Terms constitute a material change in our good faith reasonable judgment, we will notify you via email or by posting a notice on the Services.
If you do not agree to any modification of these Terms, you must immediately stop using the Services. Your continued use of the Services after any modification to these Terms constitutes your acceptance of the amended Terms.
If you ever have any questions about these Terms, you should contact us at [email protected].
- USE OF THE SERVICES.
The Services belong to us. All text, graphics, sounds, user interfaces, visual interfaces, photographs, trademarks, logos, artwork, computer code, items and other material or items (collectively, “Content”) posted by us may not be copied, distributed, republished, uploaded, posted or transmitted in any way without our prior consent EXCEPT that you may download one copy of the Content on one computer for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Modification or use of the Content in any other manner or for any other purpose violates our intellectual property rights, as more particularly described in the section entitled Our Proprietary Rights found below.
The Content from the Services is provided for lawful purposes only.
The Services are available only to, and may only be used by, individuals who are 18 years of age and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is complete, accurate and truthful. You must be of legal age required by the State or Commonwealth or Province you are in to purchase our products. It is your responsibility to know whether you are of the age of majority in your own State, Commonwealth or Province and are legally able to purchase our products. We may, in our sole and absolute discretion, refuse to offer access to or use of the Services to any person or entity and change our eligibility criteria at any time.
Individuals under the age of 18 are prohibited from using the Services and must at all times use the Services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age and/or of the age of majority in the State, Commonwealth or Province in which they are located, whichever is greater. In all such cases, the adult is the user and is responsible for any and all activities.
You agree to comply with all local and national laws regarding online conduct and acceptable Content, including those more particularly described in the sections entitled Prohibited Content and Prohibited Transactions found below.
You hereby agree to abide by our policies as stated in this Agreement.
Account and Password
If you register for the Services, you will create an account and will need to provide, among other items, a user name, password and valid email address. You must provide correct, current and complete information. You may never use another person’s account without permission of the account holder. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement. When creating your account, you must provide true, accurate, current and complete information about yourself as prompted by our registration form and maintain and promptly update your registration data to keep it true, accurate, current and complete.
You are solely responsible for maintaining the confidentiality of your password and account, and you are solely responsible for all activities that occur under or in connection with your password or account.
You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session.
We are not and shall not be liable in any manner for any losses caused by any unauthorized use of your account, or any claims of loss or damage arising from your failure to comply with these account and password requirements. You may however be liable for any losses incurred by us or other parties due to any such unauthorized use or your failure to comply with these account and password requirements.
Right to Refuse Service
The Services are not available to temporarily or indefinitely suspended users, as determined in our sole and absolute discretion. Moreover, we reserve the right, in our sole and absolute discretion, to cancel unconfirmed or inactive accounts. Without limitation, we reserve the right to refuse service to anyone and terminate access to the Services, for any reason or no reason, at any time, and without liability to you or any third party. Furthermore, you agree that we shall not be liable to you or any third party for any termination of access to the Services.
Pricing is valid as stated in each offer.
Prices are quoted in U.S. dollars. Soulful Herbals LTD reserves the right to change prices, quantities and availability without notice. Prices are current at time of posting.
- METHOD OF PAYMENT.
PFORP accepts the following forms of payment: cash, check, money order, ACH/Wire Visa, MasterCard, American Express and Discover cards. The authorization to use a credit card indicates you or your client’s compliance with these Terms.
We may provide for an automatic payment plan or subscription, in which case your fees will be charged to the credit or debit card you provide and have on file. As a condition to you using an automatic payment plan, you agree to the following:
You authorize us and/or our third party service providers to keep your payment card information on file and to charge the card on file for the fees or charges incurred.
We or our third party service providers may e-mail you with the details of the automatic payment plan.
If your card account on file is closed or the account number is changed, or if, for any reason, a charge is rejected by your card issuer, you must update your card information or add a new card number in your account within Our Services.
- PRIVACY AND USE OF PERSONAL INFORMATION.
Your privacy is important to us. We collect and store “Personal Information” when you register and/or browse through the Services. Users of our Services should refer to our Privacy Notice for more detailed information about how we collect, use and store Personal Information. By using the Services and accepting these Terms, you expressly consent to our use of your Personal Information as described in our Privacy Notice, found at https://soulfulherbals.com/privacy-policy/ and incorporated herein by reference. By logging in on this site as a user, you hereby authorize the sharing of your product purchasing history with us so that we may use it to improve the user experience, customer service and perform statistical analysis.
- CONSENT TO MONITORING.
We reserve the right to monitor your use and activities on the Services, and you acknowledge and agree that we may (but are not required to) do so, and that we may disclose any such information if and as we deem appropriate for purposes of ensuring your compliance with these Terms, applicable law, cooperating with legal authorities, and otherwise protecting our rights, property and interests.
- CONSENT TO ELECTRONIC COMMUNICATIONS.
When you use the Services, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically; however, you may choose to opt out of receiving our electronic communications by emailing us of your decision to opt out at [email protected].
You further agree that any notices provided electronically by us are deemed to be given and received on the date any such electronic communication is transmitted. Please be aware that emails to you from us may be routed to your “Spam” or “Junk” folder. It is your responsibility to check your “Spam” or “Junk” folder and change your settings to allow emails from us if or as needed.
- POSTING MESSAGES OR CONTENT.
Our Services may contain areas where you can communicate with other users, including but not limited to, e-mail, message boards, bulletin boards, or other chat areas. Such communicated Content is only the opinion of the poster, and should not violate these Terms, in particular the section entitled Prohibited Conduct found below.
Unless we indicate otherwise, if you do post Content or submit material, you grant us a non-exclusive, worldwide, perpetual, royalty-free, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media. You grant us and our sub-licensees the right to use the name that you submit in connection with such Content. You represent and warrant that you own or otherwise control all of the rights to such Content; that the Content is accurate, that use of such Content does not violate these Terms and will not cause injury to any person or entity; and that you will indemnify us or our affiliates for all claims resulting from Content you supply.
In you choose to provide us with any feedback, suggestions, or similar communications, all such messages will be considered non-personal, non-confidential (except for personal information as described in our Privacy Notice) and nonproprietary. You hereby grant us a perpetual, sub-licensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit and distribute such messages, in whole or in part, and including all intellectual property rights therein.
- LINKS TO OTHER WEBSITES AND COMPANIES.
We may provide (and permit other parties to provide) links to other websites, resources or companies. Because you acknowledge and agree that we have no control of such websites, resources or companies, we are not responsible for the availability of such websites, resources or companies, and we do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such websites, resources or companies, including their collection of your Personal Information. You should consult their privacy policies/notices and terms and conditions. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website, resource or company. Your linking to any other website is at your own risk. Please be mindful of this if you elect to link to other outside websites.
- PROHIBITED CONDUCT.
You acknowledge and agree that you are fully responsible and liable for your use of the Services, including for any Content you access or transmit via the Services and material that results from your use of the Services, and that you shall bear all risks regarding use of the Services.
You agree not to use the Services to engage in any prohibited conduct that violates any applicable law or regulation, our rights, or the rights of any third party.
- PROHIBITED TRANSACTIONS.
Any transactions that violate these Terms of Service (“Terms” or “Terms & Conditions”) are strictly prohibited.
- USE OF OUR SERVICES FOR THE FOLLOWING ACTIVITIES IS STRICTLY PROHIBITED.
Harm to Minors. Using the Services to harm, or attempt to harm, minors in any way.
Illegal Use. Using the Services to transmit any material that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any related rules or regulations.
Invasion of Privacy. Using the Services for activities that invade or violate another’s privacy.
Intellectual Property Right Violations. Using the Services to engage in any activity that infringes or misappropriates the intellectual property rights of others, including patents, copyrights, trademarks, service marks, trade secrets or any other proprietary right of any third party.
Obscene or Indecent Speech or Materials. Using the Services to advertise, solicit, transmit, store, post, display or otherwise make available obscene or indecent images or other materials. We shall fully cooperate with law enforcement if we become aware of any unlawful use of the Services or in any connection with child pornography, the solicitation of sex with minors or any other obscene or indecent use.
Harassment, Defamatory or Abusive Language. Using the Services to transmit, post, upload or otherwise make available defamatory, harassing, abusive or threatening material or language that encourages bodily harm, destruction of property or harasses another.
Hacking or Unauthorized Access. Using the Services to access illegally, or without authorization, the computers, accounts, equipment or networks belonging to us or another party, or attempting to penetrate security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration, including, but not limited to, port scans, stealth scans or other information gathering activity.
Distribution of Internet Viruses, Trojan Horses or Other Destructive Activities. Using the Services to distribute information regarding the creation of and sending Internet viruses, worms, Trojan Horses, pinging, flooding, mail bombing or denial of service attacks. Using the Services for activities that disrupt the use of or interfere with the ability of others to effectively use the Services or any connected network, system, service or equipment.
Facilitating a Violation of these Terms. Using the Services to advertise, transmit or otherwise make available any software product, product or service that is designed to violate these Terms, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.
Unsolicited Commercial Email/Unsolicited Bulk Email. Using the Services to transmit any unsolicited commercial email or unsolicited bulk email. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email, whether or not that email is commercial in nature, are prohibited, including where email is generated by third party software such as a virus or malware. Using deliberately misleading headers in emails sent to multiple parties is strictly prohibited.
Collection of Personal Data. Using the Services to collect, or attempt to collect, Personal Information about third parties without their knowledge or consent.
Resale. The sale, transfer or rental of the Services to customers, clients or other third parties, either directly or as part of a service or product created for resale.
Unlicensed or Unauthorized purchase and/or sale…
- OUR PROPRIETARY RIGHTS.
You acknowledge and agree that all Content included in or made available through the Services by us is our property or our Content suppliers’ property and is protected by United States and international copyright laws. You may not use, reproduce or distribute any Content on our Services without our prior written consent, except as permitted by law.
You also acknowledge and agree that all graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Services are our trademarks or trade dress (“Trademarks”), or used by us with permission. Our Trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or users, or in any manner that disparages or discredits us or any other person. All other trademarks not owned by us that appear in the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us, and you should and agree to respect their rights.
You acknowledge and agree that the Services and any software used in connection with the Services (the “Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. All of the Software shall remain our property and you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Software, in whole or in part.
- COPYRIGHT POLICY & PROCESS FOR ALLEGATION OF COPYRIGHT INFRINGEMENT.
We respect the intellectual property rights of others and expect our users to do the same. We may terminate access to the Services for users whom we believe to be infringers, at our sole discretion.
It is our policy to respond expeditiously to claims of infringement. We will promptly process and investigate notices of alleged copyright infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable laws.
If you believe in good faith that your copyrighted material has been posted on the Services in violation of any applicable rights or licenses, and you want this material removed, you must provide us with a written communication that details the information listed in this Section.
Please also note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing, may be subject to liability. You may wish to contact an attorney for legal assistance on this matter prior to submitting a notification.
- COPYRIGHT INFRINGEMENT NOTIFICATION.
To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright interest that is allegedly infringed.
A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of alleged infringed copyrighted works.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, including a link or description of where the claimed infringing Content is located on the Services so that we are capable of finding and verifying its existence.
Contact information, including identification of the copyright owner, your name, address, telephone number and email address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
A statement by you, made under penalty of perjury, that the information in the notice is accurate, and that the complaining party is authorized to act on behalf of the owner of the copyright interest that is allegedly infringed.
Send the written infringement notice and the materials above to our “Copyright Agent” at the following address:
Soulful Herbals LTD
2719 Hollywood Boulevard
Hollywood, FL 33020 USA
Attention: Copyright Agent
Phone: (954) 228 – 3644
Email: [email protected]
Upon our receipt of notices in substantial compliance with the requirements of this Section and the DMCA, we will use our reasonable efforts to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
Soulful Herbals LTD purchases transportation, hotel accommodations, restaurant services, and other services from various independent suppliers that are not subject to its control. Soulful Herbals LTD CANNOT, THEREFORE, BE LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OR ANY OTHER SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES that may occur due to (a) intentional, wrongful, negligent, or arbitrary acts or omissions on the part of a supplier, its employees and others not under the direct control of Soulful Herbals LTD, or (b) defects or failures of any aircraft, vessel, automotive vehicle or other equipment or instrumentality under the control of independent suppliers. In addition, Soulful Herbals LTD cannot be liable for delays in departure or interruption of your vacation arrangements caused by weather conditions, technical problems of any aircraft, vessel, automotive vehicle or other equipment or instrumentality, strikes, war, terrorist activity, civil commotion, or any causes beyond the control of Soulful Herbals LTD. In no event will Soulful Herbals LTD be responsible for incidental, consequential or special or incidental damage or loss suffered by any person. Soulful Herbals LTD’s maximum liability, for any reason whatsoever, will be limited to the amount paid to Soulful Herbals LTD for its services. In issuing tickets and coupons for transportation of the purchaser by any means, and making arrangements for hotel or other accommodation, Soulful Herbals LTD is not acting as principal but only as agent for the companies, corporations or persons providing or offering the means of transportation and accommodation. To the extent Soulful Herbals LTD shall not be acting as an agent, as stated above, it shall be deemed to be acting as an agent of the purchasers in arranging or booking transportation and accommodation. Airlines and other transportation providers (e.g., motor coach operators) are not liable for any detention, delays, loss, damage, sickness or injury, however or by whomever caused, during the time passengers are not on board their planes or conveyances. The contract of carriage used by such transportation providers when issued shall constitute the sole contract between the transportation providers and the purchaser of these vacation arrangements.
This Section is subject to Sections 26 through 29.
- DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. SUCH SERVICES AND THE MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE SERVICES AND THE OPERATION, CAPACITY, SPEED, FUNCTIONALITY, QUALIFICATIONS, OR CAPABILITIES OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY US, OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY.
WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES THAT WE PROVIDE. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OR THIRD PARTIES. YOU ACKNOWLEDGE THAT YOU ACCEPT SUCH RISKS AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF USERS OR THIRD PARTIES PARTICIPATING IN THE SERVICES.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT (A) THE SERVICES MAY NOT BE UNINTERRUPTED OR ERROR-FREE; (B) YOU MAY BE EXPOSED TO VIRUSES OR OTHER HARMFUL APPLICATIONS AND A VARIETY OF MATERIALS AND INFORMATION THAT MAY BE OFFENSIVE TO YOU THROUGH THE SERVICES; (C) WE DO NOT GUARANTEE THE SECURITY OF THE SERVICES; (D) BY USING THE SERVICES, UNAUTHORIZED THIRD PARTIES MAY BE ABLE TO ACCESS YOUR COMPUTER OR FILES OR OTHERWISE MONITOR YOUR CONNECTION AND ACTIVITIES; AND (E) AVAILABILITY OF THE SERVICES IS BASED ON THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY SPECIFIED IN THESE TERMS, AND THE USE OF THE SERVICES WOULD REQUIRE A SUBSTANTIAL CHARGE TO YOU IF ANY OF THESE TERMS WERE UNENFORCEABLE.
- LIMITATION OF LIABILITY; TIME FOR COMMENCING ACTION.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE, OUR OWNERS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL OR EXEMPLARY DAMAGES OR LOST PROFITS WHETHER ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICES (INCLUDING, BUT NOT LIMITED TO, PRODUCTS OR SERVICES ORDERED THROUGH THE SERVICES, UNAUTHORIZED ACCESS, DAMAGE, THEFT, CLAIMS FOR LOSS OF GOODWILL OR LOSS OF DATA, USE OF OR RELIANCE ON THE SERVICES, STOPPAGE OF OTHER WORK, IMPAIRMENT OF OTHER ASSETS, OR DAMAGE CAUSED TO EQUIPMENT OR PROGRAMS FROM ANY VIRUS OR OTHER HARMFUL APPLICATION) OR OTHERWISE, AND REGARDLESS OF WHETHER FORESEEABLE OR UNFORESEEABLE, OR WHETHER SUCH ACTION OR CLAIM IS BROUGHT IN TORT, CONTRACT OR ANY OTHER BASIS.
IN THE EVENT THAT YOU OBJECT TO ANY OF THESE TERMS OR ARE DISSATISFIED WITH YOUR USE OF THE SERVICES, YOUR ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE YOUR USE OF THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU AGREE THAT ANY ALLOWABLE CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR ACCRUES. OTHERWISE, SUCH CLAIM OR CAUSE OF ACTION SHALL BE PERMANENTLY AND FOREVER BARRED.
- DISCLAIMER AND RELEASE.
In the event that you have a dispute with a third party, you agree to release us (including our affiliates and each of our respective officers, directors, employees, agents, shareholders and suppliers) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with such third parties or to your use of the Services. We reserve the right to monitor disputes between you and such third parties if in any way alleging to involve the Services.
Furthermore, you expressly waive any rights you may have under California Civil Code Section 1542 (or analogous laws of other states), which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
To the extent that we attempt to resolve a dispute between users, which we are not required to do so, we will make such attempt in good faith based on our policies and these Terms.
You agree to promptly and completely indemnify and hold harmless us, our owners, and our and their suppliers and licensors, officers, directors, employees, agents, attorneys, affiliates and representatives from any and all claims, liability, loss, damage, cost, or expense (including, without limitation, all costs of defense, including reasonable attorneys’ fees, court costs, the costs of investigation and any appeal and damages) arising out of or in any way related to (a) your use and any actions taken by you in connection with your use of the Services; (b) Content you submit, post to or transmit through the Services; (c) your connection to the Services; and (d) any violation of any third party’s rights or a violation of law or regulation, or any breach or violation of these Terms. Such indemnification shall not be construed to limit or exclude any other claims or remedies that we may assert under these Terms, by law or in equity, all of which are hereby expressly reserved.
- DISPUTE RESOLUTION
Informal Resolution. If a “Dispute” arises under these Terms, the parties will first attempt in good faith to resolve the Dispute by negotiation and consultation between or among themselves. For purposes of these Terms, “Dispute” means a dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof.
Arbitration. In the event that a Dispute is not resolved on an informal basis within fifteen (15) days after one party provides notice to the other party of such Dispute, then the Dispute, including the determination of the scope or applicability of these Terms to arbitrate, will be determined by arbitration in the country of our EU Office. The arbitration will be held before a sole arbitrator and will be binding with no right of appeal.
Conduct of Arbitration. The arbitration will be conducted pursuant to the ADR Services Standard Arbitration Rules. The arbitration will be commenced by filing a demand for arbitration with the administrator of ADR Services and serving the demand on the opposing party. The responding party may file a response and/or a counter-claim within fifteen (15) calendar days. If no response is filed, all the allegations of the demand will be deemed denied.
Selection of Arbitrator. The parties involved in the Dispute will select an arbitrator by mutual agreement within thirty (30) calendar days of the date the demand for arbitration is filed. If the parties are unable to agree on the selection of an arbitrator within such time, Soulful Herbals LTD will select an independent arbitrator.
Class Action Procedures. The parties involved in the Dispute expressly intend and agree that class action, collective action and representative action procedures shall not be asserted, nor shall they apply, in any arbitration pursuant to these Terms; that neither party shall assert a class, collective or representative claim against the other, in arbitration or otherwise; and that each of the parties shall submit only its own, individual claims to arbitration and will not seek to represent the interests of any other person.
Costs. The arbitrator may determine how the costs and expenses of the arbitration will be allocated between the parties, and may award attorneys’ fees.
- GOVERNING LAW, JURISDICTION AND VENUE.
These Terms and your use of Our Services and related motor vehicle services shall be governed by the laws of the State of Nevada, without regard to conflicts of law principles.
YOU HEREBY IRREVOCABLY SUBMIT TO THE EXCLUSIVE JURISDICTION OF ANY NEVADA STATE OR FEDERAL COURT SITTING IN CLARK COUNTY OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS. YOU HEREBY IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY OBJECTION YOU MAY NOW OR HEREAFTER HAVE AS TO SUCH VENUE BEING AN INCONVENIENT FORUM.
Although the Website and Mobile Sites are accessible worldwide, our products, materials, offers, and information appearing on them are intended for U.S. visitors/customers. Our Services are controlled by us from our office in Los Angeles, California, United States. We make no representation that materials on Our Services are appropriate or available for use in other locations. Those who choose to access the Website and Mobile Sites do so at their own initiative and at their own risk, and are responsible for compliance with their local laws, if and to the extent such local laws are applicable.
We shall have no liability for any failure or delay resulting from any condition beyond our reasonable control, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.
BY USING OUR SERVICES, YOU REPRESENT THAT YOU HAVE THE LEGAL CAPACITY TO ACCEPT AND AGREE TO THESE TERMS.
These Terms shall not be construed as creating a partnership, joint venture, agency relationship or granting a franchise between us and any other party. If any term or provision of these Terms or the application thereof to any person or circumstance shall to any extent be held invalid or unenforceable, in whole or in part, the remainder of these Terms or the application of such provision to the persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each other provision of these Terms shall be valid and enforceable to the fullest extent permitted by law. Our Services are subject to existing law and legal process, and nothing contained in these Terms shall waive or impede our right to comply with law enforcement requests or requirements relating to your use of Our Services or information provided to or gathered by us with respect to such use.
- Health Information.
Any statements on this site or any materials or products we distribute or sell have not been evaluated by the Food and Drug Administration (“FDA”). Neither the products nor the ingredients in any of the products available on the site have been approved or endorsed by the FDA or any regulatory agency. The products on the site are not intended to diagnose, treat, cure or prevent any disease. The information on this site or other materials we may provide to you are designed for educational purposes only and are not intended to be a substitute for informed medical advice or care. This information should not be used to diagnose or treat any health problems or illnesses without consulting a doctor. If you are pregnant, nursing, taking medication, or have a medical condition, we suggest consulting with a physician before using any of our products.
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any) and you agree to accept responsibility for all activities that occur under your account or password. We have the right to monitor your password and, at our discretion, require you to change it. If you use a password that we consider insecure, we will have the right to require the password to be changed and/or terminate your account. You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, we have the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. We reserve the right to investigate suspected violations of these Terms of Service, and we reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any Content that is believed to violate these Terms of Service. BY ACCEPTING THESE TERMS OF SERVICE YOU WAIVE AND HOLD US AND OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF OUR INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY US OR OTHERS, INCLUDING LAW ENFORCEMENT AUTHORITIES.
- U.S. Law Applies.
This site is intended for users located in the United States. It is up to you to determine whether accessing this site and purchasing our products are legal where you are. You access this site and purchase our products at your own risk, and you are responsible for compliance with all applicable laws, rules, regulations and treaties.
- How To Contact Us.
If you have questions or concerns about these Terms of Service, the practices of this site, or if you are interested in reprinting any of the Content of this site, please contact us at:
Soulful Herbals LTD
2719 Hollywood Boulevard
Hollywood, FL 33020 USA
(954) 228 – 3644
Any dispute will be handled in the EU.
For our Policies regarding Product Returns, Shipping Damage & Order Cancellations, please see our Return Policy page.