Terms and Conditions

TERMS & POLICIES

Welcome to the terms and policies of Herbandtao.com. These terms are between you and Herb & Tao Acupuncture and Wellness LLC (“Herb & Tao,” “we,” or “us”) and govern your access to and use of herbandtao.com as well as our respective rights and obligations.

Please read the following terms and policies carefully. By accessing or using our site and services, you hereby accept and agree to be bound and abide by these terms and policies and all terms and policies incorporated herein by reference. It is the responsibility of you, the user, customer, or prospective customer to read the terms and policies before proceeding to use this site. If you do not expressly agree to all of the terms and policies, then please do not access or use our site or services.

ACCEPTANCE OF TERMS. The following terms and policies are a legally binding Agreement governing the relationship with our users and others which may interact or interface with Herb & Tao Acupuncture and Wellness LLC also known as Herb & Tao located in Illinois and our subsidiaries and affiliates, in association with the use of the website, which includes herbandtao.com, (the “Site”) and its services, which shall be defined below.

This Website is offered and available to users who are 16 years of age or older and reside in the United States or any of its territories or possessions.

By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website unless supervised by a parent.

No child under the age of 18 is permitted to use this site without a parent or legal guardian. It is the parent’s and/or legal guardian’s responsibility to determine whether any of the services and/or content provided are age-appropriate for his/her child.

DESCRIPTION OF WEBSITE SERVICES OFFERED. The Site is a health and wellness website which has the following description: Herb & Tao Acupuncture and Wellness is a celebration of holistic health and wellbeing.

Services offered on our website include:

  • information about and relevant to Traditional Chinese/East Asian/Oriental Medicine including herbal medicine, acupuncture, moxibustion, cupping, eastern nutrition, movement therapies, etc. as well as other historically traditional medicines, homeopathy, and modern herbalism and nutritional supplements
  • For patients, this site will also link to a site offering a HIPAA compliant online patient scheduler and patient portal
  • The ability to purchase products and services online

Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the herein contained terms and policies provided for the purpose of this site.

At its discretion, Herb & Tao may offer additional website services and/or products, or update, modify or revise any current content and services, and this Agreement shall apply to any and all additional services and/or products and any and all updated, modified or revised services unless otherwise stipulated. Herb & Tao does hereby reserve the right to cancel and cease offering any of the aforementioned services and/or products. You, as the end user and/or member, acknowledge, accept and agree Herb & Tao shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our services and/or products. Your continued use of the services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided services forthwith. Furthermore, the user understands, acknowledges and agrees the services offered shall be provided “AS IS” and as such Herb & Tao shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.

TERMS OF SALE. All purchases through our site or other transactions for the sale of goods and/or services or information formed through our Website or resulting from visits made by you are governed by our Terms of Sale. These Terms are an integral part of the Website Terms and Policies applying to the use of our site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site:

  1. Order Acceptance and Cancellation
  2. Prices and Payment Terms
  3. Shipments; Delivery; Title and Risk of Loss
  1. We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
  2. Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

4.    Returns and Refunds. [Except for any products designated on the Site as non-returnable, we/We] will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of shipment and provided such products are returned in their original condition. To return products, you must call phone number: (312) 971-7291 or email our Returns Department at info@herbandtao.com to obtain a return authorization. No returns of any type will be accepted without an RA number.

You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. All returns are subject to a 15% restocking fee.

Refunds are processed within approximately 7 (seven) business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. [WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.]

LINKING TO OUR SITE AND SOCIAL MEDIA. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features enabling you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send emails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these terms and policies.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

PRIVACY POLICY. We respect your privacy and are committed to protecting it through our compliance with this policy. Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Portions of the content on this website are owned and operated by Herb & Tao Acupuncture and Wellness LLC.

Mailing Address:

Herb & Tao Acupuncture and Wellness LLC
1510 E 55th Street #15124
Chicago, Illinois 60615

Email:
info@herbandtao.com

Every user’s registration data and various other personal information are protected by Herb & Tao Acupuncture and Wellness LLC which has established a privacy policy with the mission of building user trust and confidence by promoting the use of fair information practices. If you have questions or concerns regarding this statement, you should first email info@herbandtao.com.

Our website uses “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. If you personalize and account with herbandtao.com site or services, a cookie helps Herb & Tao Acupuncture and Wellness LLC to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as username, and so on. When you return to our site, the information you previously provided can be retrieved

You have the ability to accept or decline cookies. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Herb & Tao Acupuncture and Wellness LLC site or services you visit.

Choice/Opt-out

As an individual, you have the opportunity to limit the personal information you provide. We provide you with the opportunity to ‘opt out’ of having your personally identifiable information used for certain purposes when we ask for this information. If you no longer wish to receive our newsletter and promotional communications, you may opt out of receiving them by clicking the ‘unsubscribe’ link at the bottom of one of the emails you’ve received from us.

Information Collection & Use: Registration

In order to use certain sections of the herbandtao.com website, you must first complete the registration form and create a username and password. During registration you are required to give contact information including your name and email address.

We use this information to contact you about the services on our site in which you have expressed interest.

Herb & Tao Acupuncture and Wellness LLC is the sole owner of the information collected on www.herbantao.com. Herb & Tao Acupuncture and Wellness LLC collects personally identifiable information from our users at several different points on our website.

HIPAA NOTICE

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

Your personally identifiable information is collected to be used for:

  • Treatment, payment and heath care operations
  • Other uses or disclosures will be made only at your request/permission by written authorization and prior authorizations can be revoked
  • Disclosures can pertain to health care items paid for out of pocket in full

Acknowledgement of Receipt

Confirmation of your receipt of this policy will be obtained under separate cover.

Access to Personally Identifiable Information

If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, or deactivate it by making the change in your account settings, or contacting us by email at info@herbandtao.com

Uses of Information

Email

Herb & Tao Acupuncture and Wellness LLC members and affiliates receive periodic email notices that include exclusive special offers and information about sales, promotions, new releases, and other relevant information. If you no longer wish to receive these emails, you may opt out by clicking the ‘unsubscribe’ link found at the bottom of any of the emails you’ve received from us.

Non-personal information

Like many websites, we collect and analyze standard log file information and Session ID information to analyze site traffic, improve site performance, and prevent fraud. Session IDs are bits of code on your computer that assist your browser in navigating our site. We do not associate personal information with log file information or cookies, except when needed to prevent fraud.

Security

The security of your personal information is important to us. When you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of online transmission or electronic storage is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

As a user, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by Herb & Tao and/or our subsidiaries and affiliates.

E-COMMUNICATION. Herb & Tao will provide you with certain legal information in writing. By using our services, you’re agreeing to our Electronic Communications Policy, which describes how we provide information to you. We can send you information electronically (by email, etc.) instead of providing paper copies (being eco-friendly) and your electronic agreement is the same as your signature on paper.

USER ACCESS. To access the website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these terms and policies.

It shall be your responsibility to notify Herb & Tao immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Herb & Tao shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of this Agreement.

CONDUCT. As a user or member of the Site, you herein acknowledge, understand and agree all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the website, and as such, we do not guarantee the accuracy, integrity or quality of such user-added content. It is expressly understood by you using of our services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by our users.

Furthermore, you herein agree not to make use of Herb & Tao services for the purpose of:

  1. uploading, posting, emailing, transmitting, or otherwise making available any content deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
  2. causing harm to minors in any manner whatsoever;
  3. impersonating any individual or entity, including, but not limited to, any officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
  4. forging captions, headings or titles or otherwise offering any content you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
  5. uploading, posting, emailing, transmitting or otherwise offering any such content infringing upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
  6. uploading, posting, emailing, transmitting or otherwise offering any content you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
  7. uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas which may have been designated for such purpose;
  8. uploading, posting, emailing, transmitting, or otherwise offering any source containing or possibly containing a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
  9. disrupting the normal flow of communication, or otherwise acting in any manner negatively affecting other users’ ability to participate in any real time interactions;
  10. interfering with or disrupting any Herb & Tao services, servers and/or networks connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers; or “crawl”, “scrape” or “spider” any page of our services or to reverse engineer or attempt to obtain the source code of our services;
  11. intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
  12. providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance to Section 219 of the Immigration Nationality Act;
  13. “stalking” or with the intent to otherwise harass another individual; and/or
  14. collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs. Herb & Tao herein reserves the right to pre-screen, refuse and/or delete any content currently available through our services. In addition, we reserve the right to remove and/or delete any such content violating this Agreement or which would otherwise be considered offensive to other visitors and/or users. Herb & Tao herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief such action is deemed reasonably necessary for:
  1. compliance with any legal process;
  2. enforcement of this Agreement;
  3. responding to any claim any contained content therein is in violation of the rights of any third party;
  4. responding to requests for customer service; or
  5. protecting the rights, property or the personal safety of Herb & Tao, its visitors and users including the general public. Herb & Tao herein reserves the right to include the use of security components which may permit digital information or material to be protected, and such use of information and/or material is subject to usage guidelines and regulations established by Herb & Tao Acupuncture and Wellness LLC or any other content providers supplying content services to Herb & Tao. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our website. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our website, despite whether done so in whole or in part, is expressly prohibited.

CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE. Because of the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and conduct which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resourcecenter/sanctions/Programs/Pages/Programs.aspx).

Furthermore, you state and pledge you:

  1. are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
  2. agree not to transfer any software, technology or any other technical data through the use of our network services to any export-prohibited country;
  3. agree not to use our website network services for any military, nuclear, missile, chemical or biological weaponry end uses in violation of the U.S. export laws; and
  4. agree not to post, transfer nor upload any software, technology or any other    technical data which would be in violation of the U.S. or other applicable export and/or import laws.

CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES. Herb & Tao shall not lay claim to ownership of any content submitted by any visitor or user, nor make such content available for inclusion on our website service. Therefore, you hereby grant and allow for Herb & Tao and herbandtao.com the below listed a perpetual, worldwide, royalty-free and non-exclusive licenses, as applicable:

  1. The content submitted or made available for inclusion on the publicly accessible areas of Herb & Tao sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license applies to “publicly accessible” areas of the site. At no time will Herb & Tao allow private content to be accessed by the public at any time.
  2. Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Herb & Tao’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license applies to “publicly accessible” areas of the site. At no time will Herb & Tao allow private content to be accessed by the public at any time.
  3. For any other content submitted or made available for inclusion on the publicly accessible areas of Herb & Tao’s sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium currently used or later developed.

Those areas which may be deemed “publicly accessible” areas of Herb & Tao’s sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups openly available to users. At no time will Herb & Tao allow private content to be accessed by the public or be displayed in any public access areas at any time. The public platform is not now, nor will it ever be able to access or display “private” content submitted in furtherance of Herb & Tao.com services.

CONTRIBUTIONS TO COMPANY WEBSITE. Herb & Tao provides an area for our users to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree:

  1. your contributions do not contain any type of confidential or proprietary information;
  2. Herb & Tao shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
  3. Herb & Tao shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
  4. the contributor’s Contributions shall automatically become the sole property of Herb & Tao; and
  5. Herb & Tao is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

INDEMNITY. All visitors and users herein agree to insure and hold Herb & Tao, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our services, the use of services or your connection with these services, your violations of the terms and policies and/or your violation of any such rights of another person.

COMMERCIAL REUSE OF SERVICES. The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Herb & Tao’s site.

USE AND STORAGE GENERAL PRACTICES. You herein acknowledge Herb & Tao may set up any such practices and/or limits regarding the use of our services, without limitation of the maximum number of days which any email, message posting or any other uploaded content shall be retained by Herb & Tao, nor the maximum number of email messages which may be sent and/or received by any member, the maximum volume or size of any email message which may be sent from or may be received by an account on our Service, the maximum space allowable shall be allocated on Herb & Tao’s servers on the member’s behalf, and/or the maximum number of times and/or duration any member may access our Service in a given period of time. In addition, you also agree Herb & Tao has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Service. You also herein acknowledge we reserve the right to delete or remove any account no longer active for an extended period of time. Furthermore, Herb & Tao shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.

MODIFICATIONS. Herb & Tao shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our services, or any part thereof.

TERMINATION. As a user of Herb & Tao.com, you may cancel or terminate your account, associated email address and/or access to our Service by submitting a cancellation or termination request to info@herbandtao.com. As a user, you also agree Herb & Tao may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:

  1. any breach or violation of our terms and policies or any other incorporated agreement, regulation and/or guideline;
  2. by way of requests from law enforcement or any other governmental agencies;
  3. the discontinuance, alteration and/or material modification to our Service, or any part thereof;
  4. unexpected technical or security issues and/or problems;
  5. any extended periods of inactivity;
  6. any engagement by you in any fraudulent or illegal activities; and/or

Furthermore, you herein agree any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our services. The termination of your account with herbandtao.com shall include any and/or all of the following:

  1. the removal of any access to all or part of the services offered within Herb & Tao.com;
  2. the deletion of your password and any and all related information, files, and any such content which may be associated with or inside your account, or any part thereof; and
  3. the barring of any further use of all or part of our Service.

ADVERTISERS. Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Service, which may include the payment and/or delivery of such related goods and/or services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree Herb & Tao shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.

LINKS. Either Herb & Tao or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree Herb & Tao shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or services made available on or through any such site or resource.

PROPRIETARY RIGHTS. You do hereby acknowledge and agree Herb & Tao’s services and any essential software may be used in connection with our Services (“Software”) shall contain proprietary and confidential material protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for which is expressly permitted by applicable law or as authorized by Herb & Tao or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Herb & Tao Services (e.g. Content or Software), in whole or part.

Herb & Tao herein has granted you personal, non-transferable and nonexclusive rights and/or a license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Service. Lastly, you also agree not to access or attempt to access our Service through any means other than through the interface which is provided by Herb & Tao for use in accessing our Service.

WARRANTY DISCLAIMERS. You herein expressly acknowledge and agree:

a) the use of Herb & Tao service and software are at the sole risk by you. Our service and software shall be provided on an “as is” and/or “as available” basis. Herb & Tao and our subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim any and all warranties of any kind whether expressed or implied, including, but not limited to any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

b) Herb & Tao and our subsidiaries, officers, employees, agents, partners and licensors make no such warranties:

  1. Herb & Tao service or software will meet your requirements;
  2. Herb & Tao service or software shall be uninterrupted, timely, secure or error-free;
  3. Such results which may be obtained from the use of the Herb & Tao service or software will be accurate or reliable;
  4. Quality of any products, services, any information or other material which may be purchased or obtained by you through our service or software will meet your expectations; and
  5. Any such errors contained in the software shall be corrected.

c) Any information or material downloaded or otherwise obtained by way of Herb & Tao service or software shall be accessed by your sole discretion and sole risk, and as such you shall be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer and/or internet access, downloading and/or displaying, or for any loss of data that could result from the download of any such information or material.

d)  No advice and/or information, despite whether written or oral, be obtained by you from Herb & Tao or by way of or from our service or software shall create any warranty not expressly stated in the terms and policies.

e)  A small percentage of some users may experience some degree of epileptic seizure when exposed to certain light patterns or backgrounds contained on a computer screen or while using our service. certain policies may induce a previously unknown condition or undetected epileptic symptom in users who have shown no history of any prior seizure or epilepsy. should you, anyone you know or anyone in your family have an epileptic condition, please consult a physician if you experience any of the following symptoms while using our service : dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.

LIMITATION OF LIABILITY. You explicitly acknowledge, understand and agree Herb & Tao and our subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages which may be related to the loss of any profits, goodwill, use, data and/or other intangible losses, even though we may have been advised of such possibility said damages may occur, and result from:

  1. The use or inability to use our service;
  2. The cost of procuring substitute goods and services;
  3. Unauthorized access to or the alteration of your transmissions and/or data;
  4. Statements or conduct of any such third party on our service;
  5. And any other matter which may be related to our service.

RELEASE. In the event you have a dispute, you agree to release Herb & Tao (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.

EXCLUSION AND LIMITATIONS. There are some jurisdictions which do not allow the exclusion of certain warranties or the limitation of exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations of sections warranty disclaimers and limitation of liability may not apply to you.

THIRD-PARTY BENEFICIARIES. You herein acknowledge, understand and agree, unless otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.

NOTICE. Herb & Tao may furnish you with notices, including those with regards to any changes to these Terms and Policies, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of this Agreement by accessing our services in an unauthorized manner. Your acceptance of this Agreement constitutes your agreement you are deemed to have received any and all notices delivered had you accessed our services in an authorized manner.

TRADEMARK INFORMATION. You herein acknowledge, understand and agree all of the Herb & Tao trademarks, copyrights, trade names, service marks, and other Herb & Tao logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Herb & Tao. You herein agree not to display and/or use in any manner the Herb & Tao logo or marks without obtaining Herb & Tao’s prior written consent.

COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES. Herb & Tao will always respect the intellectual property of others, and we ask all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Herb & Tao may disable and/or terminate the accounts of any user who violates our Terms and Policies and/or infringes the rights of others. If you feel your work has been duplicated in such a way constituting copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:

  1. The electronic or the physical signature of the individual authorized on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the copyrighted work or other intellectual property you believe has been infringed upon;
  3. A description of the location of the site which you allege has been infringing upon your work;
  4. Your physical address, telephone number, and email address;
  5. A statement, in which you state the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law; f) And finally, a statement, made under penalty of perjury, confirming the aforementioned information in your notice is truthful and accurate, and you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.

 

The Herb & Tao Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:

Mailing Address:
Herb & Tao Acupuncture and Wellness LLC
Attn: Infringement Agent
1510 E 55th Street #15124
Chicago, Illinois 60615

Email: info@herbandtao.com

GENERAL INFORMATION

ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between you and Herb & Tao Acupuncture and Wellness LLC and shall govern the use of our Services, superseding any prior version of this Agreement between you and us with respect to Herb & Tao. You may also be subject to additional terms and policies which may apply when you use or purchase certain other Herb & Tao services, affiliate services, third-party content or third-party software.

CHOICE OF LAW AND FORUM. It is at the mutual agreement of both you and Herb & Tao Acupuncture and Wellness LLC – with regard to the Agreement the relationship between the parties shall be governed by the laws of the state of Illinois without regard to its conflict of law provisions and any and all claims, causes of action and/or disputes, arising out of or relating to this Agreement, or the relationship between you and Herb & Tao, shall be filed within the courts having jurisdiction within the County of Cook, Illinois or the U.S. District Court located in said state. You and Herb & Tao agree to submit to the jurisdiction of the courts as previously mentioned and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

WAIVER AND SEVERABILITY OF TERMS. At any time, should Herb & Tao Acupuncture and Wellness LLC fail to exercise or enforce any right or provision of this Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY. You acknowledge, understand and agree your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated, and all contents therein permanently deleted.

STATUTE OF LIMITATIONS. You acknowledge, understand and agree regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our services or the terms and policies must be timely filed within one year after said claim or cause of action arose or shall be permanently barred.

VIOLATIONS. Please report any and all violations of this Agreement to Herb & Tao Acupuncture and Wellness LLC as follows:

Mailing Address:

Herb & Tao Acupuncture and Wellness LLC
1510 E 55th Street #15124
Chicago, Illinois 60615

Email: info@herbandtao.com

Terms & Policies last modified on February 17, 2019