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SERVICE AGREEMENT/TERMS OF USE
1. ACCEPTANCE OF TERMS
The services that HerbsPro.com provides to User
are subject to the following Terms of Use ("TOU"). HerbsPro.com
reserves the right to update the TOU at any time without notice
to User. The most current version of the TOU can be reviewed by
clicking on the "Terms & Conditions" hypertext link
located at the bottom of our Web pages.
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This
Agreement, which incorporates by reference other provisions
applicable to use of www.HerbsPro.com, including, but not
limited to, supplemental terms and conditions set forth
hereof ("Supplemental Terms") governing the use
of certain specific material contained in www.HerbsPro.com,
sets forth the terms and conditions that apply to use of
www.HerbsPro.com by User. By using HerbsPro.com (other than
to read this Agreement for the first time), User agrees
to comply with all of the terms and conditions hereof. The
right to use www.HerbsPro.com is personal to User and is
not transferable to any other person or entity. User is
responsible for all use of User's Account (under any screen
name or password) and for ensuring that all use of User's
Account complies fully with the provisions of this Agreement.
User shall be responsible for protecting the confidentiality
of User's password(s), if any.
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HerbsPro.com shall have the right at
any time to change or discontinue any aspect or feature of
www.HerbsPro.com, including, but not limited to, content,
hours of availability, and equipment needed for access or
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2. CHANGED TERMS
HerbsPro.com shall have the right at any time to change
or modify the terms and conditions applicable to User's use of
www.HerbsPro.com, or any part thereof, or to impose new conditions,
including, but not limited to, adding fees and charges for use.
Such changes, modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by means including,
but not limited to, posting on www.HerbsPro.com, or by electronic
or conventional mail, or by any other means by which User obtains
notice thereof. Any use of www.HerbsPro.com by User after such
notice shall be deemed to constitute acceptance by User of such
changes, modifications or additions.
3. DESCRIPTION OF SERVICES
Through its Web property, HerbsPro.com provides
User with access to a variety of resources, including download
areas, communication forums and product information (collectively
"Services"). The Services, including any updates, enhancements,
new features, and/or the addition of any new Web properties, are
subject to the TOU.
4. EQUIPMENT
User shall be responsible for obtaining and maintaining
all telephone, computer hardware, software and other equipment
needed for access to and use of www.HerbsPro.com and all charges
related thereto.
5. USER CONDUCT
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User
shall use www.HerbsPro.com for lawful purposes only. User
shall not post or transmit through www.HerbsPro.com any
material which violates or infringes in any way upon the
rights of others, which is unlawful, threatening, abusive,
defamatory, invasive of privacy or publicity rights, vulgar,
obscene, profane or otherwise objectionable, which encourages
conduct that would constitute a criminal offense, give rise
to civil liability or otherwise violate any law, or which,
without HerbsPro.com 's express prior approval, contains
advertising or any solicitation with respect to products
or services. Any conduct by a User that in HerbsPro.com's
discretion restricts or inhibits any other User from using
or enjoying www.HerbsPro.com will not be permitted. User
shall not use www.HerbsPro.com to advertise or perform any
commercial solicitation, including, but not limited to,
the solicitation of users to become subscribers of other
on-line information services competitive with HerbsPro.com
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www.HerbsPro.com
contains copyrighted material, trademarks and other proprietary
information, including, but not limited to, text, software,
photos, video, graphics, music and sound, and the entire
contents of www.HerbsPro.com are copyrighted as a collective
work under the USA copyright laws. HerbsPro.com owns a copyright
in the selection, coordination, arrangement and enhancement
of such content, as well as in the content original to it.
User may not modify, publish, transmit, participate in the
transfer or sale, create derivative works, or in any way
exploit, any of the content, in whole or in part. User may
download copyrighted material for User's personal use only.
Except as otherwise expressly permitted under copyright
law, no copying, redistribution, retransmission, publication
or commercial exploitation of downloaded material will be
permitted without the express permission of HerbsPro.com
and the copyright owner. In the event of any permitted copying,
redistribution or publication of copyrighted material, no
changes in or deletion of author attribution, trademark
legend or copyright notice shall be made. User acknowledges
that it does not acquire any ownership rights by downloading
copyrighted material.
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User shall not upload,
post or otherwise make available on www.HerbsPro.com any
material protected by copyright, trademark or other proprietary
right without the express permission of the owner of the
copyright, trademark or other proprietary right and the
burden of determining that any material is not protected
by copyright rests with User. User shall be solely liable
for any damage resulting from any infringement of copyrights,
proprietary rights, or any other harm resulting from such
a submission. By submitting material to any public area
of www.HerbsPro.com, User automatically grants, or warrants
that the owner of such material has expressly granted HerbsPro.com
the royalty-free, perpetual, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt, publish,
translate and distribute such material (in whole or in part)
worldwide and/or to incorporate it in other works in any
form, media or technology now known or hereafter developed
for the full term of any copyright that may exist in such
material. User also permits any other User to access, view,
store or reproduce the material for that User's personal
use. User hereby grants HerbsPro.com the right to edit,
copy, publish and distribute any material made available
on www.HerbsPro.com by User.
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The foregoing provisions
of Section 5 are for the benefit of HerbsPro.com, its subsidiaries,
affiliates and its third party content providers and licensors
and each shall have the right to assert and enforce such
provisions directly or on its own behalf.
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6. USE OF SERVICES
The Services may contain email services, bulletin
board services, chat areas, news groups, forums, communities,
personal web pages, calendars, photo albums, file cabinets and/or
other message or communication facilities designed to enable User
to communicate with others (each a "Communication Service"
and collectively "Communication Services"). User agrees
to use the Communication Services only to post, send and receive
messages and material that are proper and, when applicable, related
to the particular Communication Service. By way of example, and
not as a limitation, User agrees that when using the Comm
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Use the Communication Services in
connection with surveys, contests, pyramid schemes,
chain letters, junk email, spamming or any duplicative
or unsolicited messages (commercial or otherwise).
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Defame, abuse, harass, stalk, threaten
or otherwise violate the legal rights (such as rights
of privacy and publicity) of others.
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Publish, post, upload, distribute
or disseminate any inappropriate, profane, defamatory,
obscene, indecent or unlawful topic, name, material
or information.
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Upload, or otherwise make available,
files that contain images, photographs, software or
other material protected by intellectual property laws,
including, by way of example, and not as limitation,
copyright or trademark laws (or by rights of privacy
or publicity) unless User own or control the rights
thereto or have received all necessary consent to do
the same.
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Use any material or information,
including images or photographs, which are made available
through the Services in any manner that infringes any
copyright, trademark, patent, trade secret, or other
proprietary right of any party.
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Upload files that contain viruses,
Trojan horses, worms, time bombs, cancelbots, corrupted
files, or any other similar software or programs that
may damage the operation of another's computer or property
of another.
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Advertise or offer to sell or buy
any goods or services for any business purpose, unless
such Communication Services specifically allows such
messages.
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Download any file posted by another
user of a Communication Service that User know, or reasonably
should know, cannot be legally reproduced, displayed,
performed, and/or distributed in such manner.
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Falsify or delete any copyright management
information, such as author attributions, legal or other
proper notices or proprietary designations or labels
of the origin or source of software or other material
contained in a file that is uploaded.
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Restrict or inhibit any other user
from using and enjoying the Communication Services.
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Violate any code of conduct or other
guidelines which may be applicable for any particular
Communication Service.
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Harvest or otherwise collect information
about others, including email addresses.
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Violate any applicable laws or regulations.
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Create a false identity for the
purpose of misleading others.
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Use, download or otherwise copy,
or provide (whether or not for a fee) to a person or
entity any directory of users of the Services or other
user or usage information or any portion thereof.
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HerbsPro.com has no obligation to monitor the
Communication Services. However, HerbsPro.com reserves the right
to review materials posted to the Communication Services and to
remove any materials in its sole discretion. HerbsPro.com reserves
the right to terminate User’s access to any or all of the
Communication Services at any time, without notice, for any reason
whatsoever. HerbsPro.com reserves the right at all times to disclose
any information as it deems necessary to satisfy any applicable
law, regulation, legal process or governmental request, or to
edit, refuse to post or to remove any information or materials,
in whole or in part, in HerbsPro.com's sole discretion.
Materials uploaded to the Communication Services
may be subject to posted limitations on usage, reproduction and/or
dissemination; User is responsible for adhering to such limitations
if User downloads the materials.
Always use caution when giving out any personally identifiable
information in any Communication Services. HerbsPro.com does not
control or endorse the content, messages or information found
in any Communication Services and, therefore, HerbsPro.com specifically
disclaims any liability with regard to the Communication Services
and any actions resulting from User’s participation in any
Communication Services. Managers and hosts are not authorized
HerbsPro.com spokespersons, and their views do not necessarily
reflect those of HerbsPro.com.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open
an account, User must complete the registration process by providing
HerbsPro.com with current, complete and accurate information as
prompted by the applicable registration form. User also will choose
a password and a user name. User is entirely responsible for maintaining
the confidentiality of User’s password and account. Furthermore,
User is entirely responsible for any and all activities that occur
under User’s account. User agrees to notify HerbsPro.com
immediately of any unauthorized use of User’s account or
any other breach of security. HerbsPro.com will not be liable
for any loss that User may incur as a result of someone else using
User’s password or account, either with or without User’s
knowledge. However, User could be held liable for losses incurred
by HerbsPro.com or another party due to someone else using User’s
account or password. User may not use anyone else's account at
any time, without the permission of the account holder.
8. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE
ON THIS WEBSITE
Permission to use Documents (such as white papers,
press releases, datasheets and FAQs) from the Services is granted,
provided that (1) the below copyright notice appears in all copies
and that both the copyright notice and this permission notice
appear, (2) use of such Documents from the Services is for informational
and non-commercial or personal use only and will not be copied
or posted on any network computer or broadcast in any media, and
(3) no modifications of any Documents are made. Accredited educational
institutions, such as universities, private/public colleges, and
state community colleges, may download and reproduce the Documents
for distribution in the classroom. Distribution outside the classroom
requires express written permission. Use for any other purpose
is expressly prohibited by law, and may result in severe civil
and criminal penalties. Violators will be prosecuted to the maximum
extent possible.
HerbsPro.com and/or its respective suppliers
make no representations about the suitability of the information
contained in the documents and related graphics published as part
of the services for any purpose. all such documents and related
graphics are provided "as is" without warranty of any
kind. herbspro.com and/or its respective suppliers hereby disclaim
all warranties and conditions with regard to this information,
including all warranties and conditions of merchantability, whether
express, implied or statutory, fitness for a particular purpose,
title and non-infringement. in no event shall herbspro.com and/or
its respective suppliers be liable for any special, indirect or
consequential damages or any damages whatsoever resulting from
loss of use, data or profits, whether in an action of contract,
negligence or other tortious action, arising out of or in connection
with the use or performance of information available from the
services.
The documents and related graphics published
on the services could include technical inaccuracies or typographical
errors. changes are periodically added to the information herein.
herbspro.com and/or its respective suppliers may make improvements
and/or changes in the product(s) and/or the program(s) described
herein at any time.
9. NOTICES REGARDING SOFTWARE, DOCUMENTS
AND SERVICES AVAILABLE ON THIS SITE
In no event shall herbspro.com and/or its respective
suppliers be liable for any special, indirect or consequential
damages or any damages whatsoever resulting from loss of use,
data or profits, whether in an action of contract, negligence
or other tortious action, arising out of or in connection with
the use or performance of software, documents, provision of or
failure to provide services, or information available from the
services.
10. MATERIALS PROVIDED TO HerbsPro.com
OR POSTED AT ANY OF ITS WEBSITES
HerbsPro.com does not claim ownership of the
materials User provide to HerbsPro.com (including feedback and
suggestions) or post, upload, input or submit to any Services
or its associated services for review by the general public, or
by the members of any public or private community, (each a "Submission"
and collectively "Submissions"). However, by posting,
uploading, inputting, providing or submitting ("Posting")
User’s Submission User is granting HerbsPro.com, its affiliated
companies and necessary sublicensees permission to use User’s
Submission in connection with the operation of their Internet
businesses (including, without limitation, all HerbsPro.com Services),
including, without limitation, the license rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat User’s Submission; to publish User’s
name in connection with User’s Submission; and the right
to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of User’s
Submission, as provided herein. HerbsPro.com is under no obligation
to post or use any Submission User may provide and HerbsPro.com
may remove any Submission at any time in its sole discretion.
By Posting a Submission User warrants and represents to own or
otherwise control all of the rights to User’s Submission
as described in these Terms of Use including, without limitation,
all the rights necessary for User to provide, post, upload, input
or submit the Submissions.
In addition to the warranty and representation
set forth above, by Posting a Submission that contain images,
photographs, pictures or that are otherwise graphical in whole
or in part ("Images"), User warrant and represent that
(a) User is the copyright owner of such Images, or that the copyright
owner of such Images has granted User permission to use such Images
or any content and/or images contained in such Images consistent
with the manner and purpose of User’s use and as otherwise
permitted by these Terms of Use and the Services, (b) User have
the rights necessary to grant the licenses and sublicenses described
in these Terms of Use, and (c) that each person depicted in such
Images, if any, has provided consent to the use of the Images
as set forth in these Terms of Use, including, by way of example,
and not as a limitation, the distribution, public display and
reproduction of such Images. By Posting Images, User is granting
(a) to all members of User’s private community (for each
such Images available to members of such private community), and/or
(b) to the general public (for each such Images available anywhere
on the Services, other than a private community), permission to
use User’s Images in connection with the use, as permitted
by these Terms of Use, of any of the Services, (including, by
way of example, and not as a limitation, making prints and gift
items which include such Images), and including, without limitation,
a non-exclusive, world-wide, royalty-free license to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat User’s Images without having User’s
name attached to such Images, and the right to sublicense such
rights to any supplier of the Services. The licenses granted in
the preceding sentences for a Images will terminate at the time
User completely remove such Images from the Services, provided
that, such termination shall not affect any licenses granted in
connection with such Images prior to the time User completely
remove such Images. No compensation will be paid with respect
to the use of User’s Images.
11. DISCLAIMER OF WARRANTY; LIMITATION
OF LIABILITY
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User
expressly agrees that use of www.Herbspro.com is at user's
sole risk. neither Herbspro.com, its affiliates nor any
of their respective employees, agents, third party content
providers or licensors warrant that www.Herbspro.com will
be uninterrupted or error free; nor do they make any warranty
as to the results that may be obtained from use of www.Herbspro.com,
or as to the accuracy, reliability or content of any information,
service, or merchandise provided through www.Herbspro.com.
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www.HerbsPro.com
is provided on an "as is" basis without warranties
of any kind, either express or implied, including, but not
limited to, warranties of title or implied warranties of
merchantability or fitness for a particular purpose, other
than those warranties which are implied by and incapable
of exclusion, restriction or modification under the laws
applicable to this agreement.
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This disclaimer of
liability applies to any damages or injury caused by any
failure of performance, error, omission, interruption, deletion,
defect, delay in operation or transmission, computer virus,
communication line failure, theft or destruction or unauthorized
access to, alteration of, or use of record, whether for
breach of contract, tortious behavior, negligence, or under
any other cause of action. user specifically acknowledges
that herbspro.com is not liable for the defamatory, offensive
or illegal conduct of other users or third-parties and that
the risk of injury from the foregoing rests entirely with
user.
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In no event will
Herbspro.com, or any person or entity involved in creating,
producing or distributing www.Herbspro.com or the Herbspro.com
software, be liable for any damages, including, without
limitation, direct, indirect, incidental, special, consequential
or punitive damages arising out of the use of or inability
to use www.Herbspro.com. user hereby acknowledges that the
provisions of this section shall apply to all content on
the site.
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In addition to the
terms set forth above neither, Herbspro.com, nor its affiliates,
information providers or content partners shall be liable
regardless of the cause or duration, for any errors, inaccuracies,
omissions, or other defects in, or untimeliness or unauthenticity
of, the information contained within www.Herbspro.com, or
for any delay or interruption in the transmission thereof
to the user, or for any claims or losses arising therefrom
or occasioned thereby. none of the foregoing parties shall
be liable for any third-party claims or losses of any nature,
including, but not limited to, lost profits, punitive or
consequential damages.
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Prior to
The execution of a stock trade, users are advised to consult
with your broker or other financial representative to verify
pricing or other information. Herbspro.com, its affiliates,
information providers or content partners shall have no
liability for investment decisions based on the information
provided. neither Herbspro.com nor its affiliates,
information providers or content partners warrant or guarantee
the timeliness, sequence, accuracy or completeness of this
information. additionally, there are no warranties as to
the results obtained from the use of the information.
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Force majeure –
neither party will be responsible for any failure or delay
in performance due to circumstances beyond its reasonable
control, including, without limitation, acts of god, war,
riot, embargoes, acts of civil or military authorities,
fire, floods, accidents, service outages resulting from
equipment and/or software failure and/or telecommunications
failures, power failures, network failures, failures of
third party service providers (including providers of internet
services and telecommunications). the party affected by
any such event shall notify the other party within a maximum
of fifteen (15) days from its occurence. the performance
of ths agreement shall then be suspended for as long as
any such event shall prevent the affected party from performing
its obligations under this agreement.
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12. LINKS TO THIRD PARTY SITES
The links in this area will let you leave Herbspro.com's
site. the linked sites are not under the control of Herbspro.com
and herbspro.com is not responsible for the contents of any linked
site or any link contained in a linked site, or any changes or
updates to such sites. Herbspro.com is not responsible for webcasting
or any other form of transmission received from any linked site.
Herbspro.com is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement by Herbspro.com
of the site.
HerbsPro.com is a distributor (and not a publisher) of content
supplied by third parties and Users. Accordingly, HerbsPro.com
has no more editorial control over such content than does a public
library, bookstore, or newsstand. Any opinions, advice, statements,
services, offers, or other information or content expressed or
made available by third parties, including information providers,
Users or any other user of www.HerbsPro.com, are those of the
respective author(s) or distributor(s) and not of HerbsPro.com.
Neither HerbsPro.com nor any third-party provider of information
guarantees the accuracy, completeness, or usefulness of any content,
nor its merchantability or fitness for any particular purpose.
In many instances, the content available through
www.HerbsPro.com represents the opinions and judgments of the
respective information provider, User, or other user not under
contract with HerbsPro.com. HerbsPro.com neither endorses nor
is responsible for the accuracy or reliability of any opinion,
advice or statement made on www.HerbsPro.com by anyone other than
authorized HerbsPro.com employee spokespersons while acting in
their official capacities. Under no circumstances will HerbsPro.com
be liable for any loss or damage caused by a User's reliance on
information obtained through www.HerbsPro.com. It is the responsibility
of User to evaluate the accuracy, completeness or usefulness of
any information, opinion, advice or other content available through
HerbsPro.com. Please seek the advice of professionals, as appropriate,
regarding the evaluation of any specific information, opinion,
advice or other content.
13. UNSOLICITED IDEA SUBMISSION POLICY
HerbsPro.com or any of its employees do not accept
or consider unsolicited ideas, including ideas for new advertising
campaigns, new promotions, new products or technologies, processes,
materials, marketing plans or new product names. please do not
send any original creative artwork, samples, demos, or other works.
the sole purpose of this policy is to avoid potential misunderstandings
or disputes when Herbspro.com's products or marketing strategies
might seem similar to ideas submitted to Herbspro.com. so, please
do not send your unsolicited ideas to Herbspro.com or anyone at
Herbspro.com. if, despite our request that you not send us your
ideas and materials, you still send them, please understand that
Herbspro.com makes no assurances that your ideas and materials
will be treated as confidential or proprietary.
14. MONITORING
HerbsPro.com shall have the right, but not the
obligation, to monitor the content of www.HerbsPro.com, including
chat rooms and forums, to determine compliance with this Agreement
and any operating rules established by HerbsPro.com and to satisfy
any law, regulation or authorized government request. HerbsPro.com
shall have the right in its sole discretion to edit, refuse to
post or remove any material submitted to or posted on www.HerbsPro.com.
Without limiting the foregoing, HerbsPro.com shall have the right
to remove any material that HerbsPro.com, in its sole discretion,
finds to be in violation of the provisions hereof or otherwise
objectionable.
15. INDEMNIFICATION
User agrees to defend, indemnify and hold harmless
HerbsPro.com, its affiliates and their respective directors, officers,
employees and agents from and against all claims and expenses,
including attorneys' fees, arising out of the use of HerbsPro.com
by User or User's Account.
16. TERMINATION
Either HerbsPro.com or User may terminate this
Agreement at any time. Without limiting the foregoing, HerbsPro.com
shall have the right to immediately terminate User's Account in
the event of any conduct by User which HerbsPro.com, in its sole
discretion, considers to be unacceptable, or in the event of any
breach by User of this Agreement.
17. MISCELLANEOUS
This Agreement and any operating rules for www.HerbsPro.com
established by HerbsPro.com constitute the entire agreement of
the parties with respect to the subject matter hereof, and supersede
all previous written or oral agreements between the parties with
respect to such subject matter. This Agreement shall be construed
in accordance with the laws of the [STATE/PROVINCE, COUNTRY],
without regard to its conflict of laws rules. No waiver by either
party of any breach or default hereunder shall be deemed to be
a waiver of any preceding or subsequent breach or default. The
section headings used herein are for convenience only and shall
not be given any legal import.
18. COPYRIGHT NOTICE
HerbsPro.com, its logos are trademarks of HerbsPro.com
Ltd. All rights reserved. All other trademarks appearing on HerbsPro.com
are the property of their respective owners.
19. TRADEMARKS
The names of actual companies and products mentioned
herein may be the trademarks of their respective owners. The example
companies, organizations, products, domain names, email addresses,
logos, people and events depicted herein are fictitious. No association
with any real company, organization, product, domain name, email
address, logo, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
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