Terms & Conditions
Agreement between User and www.fiveflavorsherbs.dispensarytree.com.
Welcome to www.fiveflavorsherbs.dispensarytree.com (the “Website”). The Website is comprised of various web pages operated by Five Flavors Herbs, Inc. ("Five Flavors"). The Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Website constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
The Website is a full service e-commerce herb shop offering: (i) bulk Western and Chinese herbs; (ii) custom and private label manufacturing; (iii) house-made tinctures; and (iv) integrative medicine services.
Visiting the Website or sending emails to Five Flavors constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Five Flavors is not responsible for third party access to your account that results from theft or misappropriation of your account. Five Flavors and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Your privacy is important to us. The Website’s Privacy Statement (available for review here) (“Privacy Statement”) sets out the measures Five Flavors takes to protect your confidential, personally identifiable, and protected health information (“Your Information”). The Privacy Statement also outlines how: (i) you can control Your Information; and (ii) Your Information is used by Five Flavors. Although Five Flavors takes all commercially reasonable measures to protect Your Information, Five Flavors does not guarantee the security, privacy or confidentiality of Your Information.
By processing payments through the Website, you thereby acknowledge and agree to Five Flavors Payment and Order Policy (see below) (“Payment and Order Policy”).
For purposes of these Terms, a “Patient” is a client of Practitioner. All Patient users of the Website must: (i) be associated with an active Practitioner; and (ii) have a current prescription for a custom herbal formula from that Practitioner before any order can be placed through the Website. In the event a Patient changes Practitioners, the new Practitioner must create a new record for the Patient in his/her account.
Knowledge and Experience of Patient Users
All Patient’s expressly acknowledge Five Flavors does not, and will not, provide any recommendations with respect to any order, or use of the items contained therein, and that Patient and/or Patient’s Practitioner are the only individuals involved in the process of selecting, ordering, and suggesting the appropriate use cases for any items ordered using the Website.
For purposes of these Terms, a “Practitioner” is an individual who has applied for and received practitioner status, as more particularly described below. To be considered a Practitioner, interested persons must apply for “practitioner” status through the Website, by providing Five Flavors all information necessary to determine eligibility for such status. Five Flavors reserves the right to deny anyone the status of Practitioner for any reason whatsoever, in its sole discretion. Any and all amounts owed by Five Flavors to a Practitioner can be tracked through the Website. In the event a Practitioner believes there is an error in the amounts owed to them, Practitioner should contact Five Flavors at: firstname.lastname@example.org.
Knowledge and Experience of Practitioner Users
All Practitioner’s hereby represent and warrant to Five Flavors they have sufficient experience and knowledge to make informed decisions regarding ordering herbal formulas through the Website, whether the order is a catalogue item or a custom item. Further, Practitioner’s expressly acknowledge they are making their own decisions in connection with all orders made through the Website and Five Flavors has not, and will not, make any recommendations to a Practitioner with respect to any order or use of the items contained therein.
Children Under Thirteen
Five Flavors does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Website only with permission of a parent or guardian.
Unopened Five Flavors brand herb products may be returned for a store credit within thirty (30) days of purchase. All items must be in their original packaging without broken seals.
Custom herbal formulas, bulk poured tinctures, or bulk raw herbs are not eligible for return and any prepaid fees associated with such orders are non-refundable.
Shipping and handling charges are noN-refundable.
Five Flavors reserves the right to reject, in its sole discretion, any return request that does not conform to the terms and conditions stated herein.
Links to Third Party Websites/Third Party Services
The Website may contain links to other websites ("Linked Websites"). The Linked Websites are not under the control of Five Flavors and Five Flavors is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. Five Flavors is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Five Flavors of the Website or any association with its operators.
Certain services made available via the Website are delivered by key third party subcontractors (see Privacy Statement for additional information). By using any product, service or functionality originating from the Website, you hereby acknowledge and consent that Five Flavors may share such information and data with any key third party subcontractor with whom Five Flavors has a contractual relationship to provide the requested product, service or functionality on behalf of the Website users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Website, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of Five Flavors or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website. Five Flavors content is not for resale. Your use of the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Five Flavors and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Five Flavors or our licensors except as expressly authorized by these Terms.
The Website is controlled, operated and administered by Five Flavors from our offices within the USA. If you access the Website from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Five Flavors content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Five Flavors, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Five Flavors reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Five Flavors in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator (“Arbitrator”) and administered by the American Arbitration Association, in Oakland, California. The Arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.
Costs and Expenses Related to Collection
In the event Five Flavors takes any action against you to enforce its rights under these Terms and/or any ancillary policies, including, without limitation, turning your account over to a collection agency or lawyer for collection, you agree that responsibility for all costs, fees, and expenses associated with the collection of such fees, including, without limitation, reasonable attorneys’ fees and court/arbitration costs, shall be borne by you.
Class Action Waiver
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Five Flavors agree otherwise, the Arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FIVE FLAVORS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.
FIVE FLAVORS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. FIVE FLAVORS HERBS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FIVE FLAVORS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FIVE FLAVORS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
Five Flavors reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Five Flavors as a result of this agreement or use of the Website. Five Flavors' performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Five Flavors' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Five Flavors with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Five Flavors with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Five Flavors with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Five Flavors reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. Five Flavors encourages you to periodically review the Terms to stay informed of our updates.
Five Flavors welcomes your questions or comments regarding the Terms:
Five Flavors Herbs, Inc.
344 40th Street
Oakland, California 94609
Effective as of January 15, 2019