TERMS OF SERVICE

Welcome! By accessing, browsing and/or using our services (the "HerbalSex.com Services") and this site ("Site"), you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions (the "Terms of Service").

The material provided o­n this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by HerbalSex.com from its offices within the United States. HerbalSex.com makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so o­n their own initiative and are responsible for compliance with applicable local laws.

Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the State of Florida.

YOU SHOULD ALWAYS SPEAK WITH A HEALTHCARE PROFESSIONAL BEFORE TAKING ANY DIETARY, NUTRITIONAL, HERBAL OR HOMEOPATHIC SUPPLEMENT. HerbalSex.com does not warrant and shall have no liability for information provided in this site regarding recommendations concerning supplements for any and all health purposes. This information is provided solely as a guideline to be used when discussing a program with a healthcare professional. The claims made about specific nutrients or products have not been evaluated by the Food and Drug Administration. Dietary supplements are not intended to diagnose, treat, cure or prevent disease. Please consult with a healthcare professional before starting any diet, exercise or supplementation program. HerbalSex.com makes no guarantee or warranty, express or implied, with respect to any products or services sold, including any warranty of merchantability or fitness for a particular purpose.

The information contained in this o­nline site (the "Service") is presented in summary form o­nly and intended to provide broad consumer understanding and knowledge of health care topics. The information should not be considered complete and should not be used in place of a visit, call, consultation or advice of your physician or other health care provider. The Service does not recommend the self-management of health problems. Information obtained by using the Service is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. Should you have any health care-related questions, please call or see your physician or other health care provider promptly. You should never disregard medical advice or delay in seeking it because of something you have read here.

The information is compiled from a variety of sources ("Information Providers"). Neither HerbalSex.com, nor any Information Provider shall be responsible for information provided herein under any theory of liability or indemnity. Liability of HerbalSex.com or Information Providers, if any, for damages (including, without limitation, liability arising out of contract, negligence, strict liability, tort or patent or copyright infringement) shall not exceed the fees paid by the user for the particular information or service provided. In no event shall HerbalSex.com or any Information Provider be liable for any damages other than the amount referred to above, and all other damages, direct or indirect, special, incidental, consequential or punitive, are hereby excluded even if HerbalSex.com or Information Provider has been advised of the possibility of such damages.

1. Content Linked to by HerbalSex.com
The sites linked to by HerbalSex.com Services are developed by people over whom HerbalSex.com exercises no control. HerbalSex.com makes every effort to screen the sites before including them in our Resources or other sections. Content o­n the linked sites may change any time and in such a way, which some people may find objectionable, inappropriate, or offensive. We assume no responsibility for the content of any site linked to by the HerbalSex.com Services.

2. Intended Use
The HerbalSex.com Services are made available for the intended purposes o­nly, i.e to sell our products and services and allow Affiliates to develop their business in accordance with the Affiliate Agreements. Unless specifically agreed to by HerbalSex.com, you may not use the HerbalSex.com Services to sell a product or service, or to increase traffic to your Web site for commercial reasons, such as advertising sales or else. You may not take any content from HerbalSex.com and reformat and display it, or mirror HerbalSex.com pages o­n your Web site. If you want to make commercial use of the HerbalSex.com Services, you must enter into an agreement with HerbalSex.com to do so in advance. Please contact us for more information.

3. Privacy Policy
Review the HerbalSex.com Privacy Policy.

4. Changes In Terms and Conditions and HerbalSex.com Service
We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.

5. Intellectual Property Policy
All materials marked "Copyright" are protected by the U.S. copyright and patent laws. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office web site and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. If we remove or disable access to comply with the Digital Millennium Copyright Act, we will make a good-faith attempt to contact the owner or administrator of each affected site so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act. It is our policy to document all notices of alleged infringement o­n which we act.

All materials, including without limitation, graphics, images, HTML, codes, multimedia clips, Java codes, logos, button icons, banners and software, contained in this site are the copyrighted property of HerbalSex.com or its affiliated companies and/or third party licensors. All trademarks, service marks, and trade names are proprietary to HerbalSex.com or its affiliates and/or third party licensors. Unauthorized use of the materials will violate intellectual property rights. All rights not expressly granted in these Terms and Conditions are reserved to HerbalSex.com or its affiliated companies and/or third part licensors, whichever is the owner of any specific material. No other rights or licenses, whether express or implied, arising from estoppel or otherwise, are conveyed or intended by these Terms and Conditions. As such, no material from this site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. The use of any such material o­n any other Web site or computer environment is prohibited.

HerbalSex.com cannot and does not guarantee or warrant that any files or information available for downloading will be free of infection, viruses, worms, Trojan horses or other code or codes that may contain contaminating or destructive properties. You agree to assume the entire cost of all necessary servicing, repair or correction resulting from any such downloading. You may not link any other website to this website, nor reference hypertext documents o­n this website from another website or document including e-mail. HerbalSex.com reserves the right at any time and in its sole discretion to change or revoke any authorization granted above. In such circumstances or if you violate any of the provisions of these Terms and Conditions your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of the materials.

Nothing contained in this site should be construed as granting any license or right to use any trademark, logo, trade name, or design displayed o­n this site without the written permission of HerbalSex.com or the respective owner of the trade mark.

6. Disclaimer of Warranties
HerbalSex.com disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the linked Web sites. HerbalSex.com disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. HerbalSex.com disclaims any responsibility for any harm resulting from downloading or accessing any information or material o­n our site or o­n any linked Web sites.

THE HERBALSEX.COM SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE HERBALSEX.COM SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. HERBALSEX.COM AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. HERBALSEX.COM AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE HERBALSEX.COM SERVICES. HERBALSEX.COM AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE HERBALSEX.COM SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE HERBALSEX.COM SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE HERBALSEX.COM SERVICES.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE HERBALSEX.COM SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

7. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL HERBALSEX.COM OR ITS LICENSORS BE LIABLE TO ANY USER OR AFFILIATE o­n ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE o­n THEHERBALSEX.COM SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED o­n WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF HERBALSEX.COM OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE o­n THE HERBALSEX.COM SERVICES, FROM INABILITY TO USE THE HERBALSEX.COM SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE HERBALSEX.COM SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED o­n THEHERBALSEX.COM O SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE KINETRO SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED o­n THE KINETRO SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE HERBALSEX.COM SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUB STITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE HERBALSEX.COM SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS o­n, OR IS LINKED OR RELATED IN ANY WAY TO, THE HERBALSEX.COM SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall HerbalSex.com or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

8. Miscellaneous Provisions
These Terms of Service will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective o­nly if in writing and signed by HerbalSex.com.

FRAUD WARNING!

HerbalSex.com maintains a fully-staffed and aggressive anti-fraud program with fast links to respective law enforcement agencies. We report all cases of credit card fraud to the appropriate authorities, and all such cases are vigorously prosecuted. If you reside in the United States and you are not authorized to use the credit card number provided, we will immediately refer your case to the United States Secret Service. Overseas cases are promptly referred to Interpol.

Under the U.S. Law, each attempt to use a credit card fraudulently may subject you to imprisonment of 10 years and a $10,000 fine. The Secret Service is a criminal law enforcement agency which operates under the provisions of Title 18 of the United States Code, Section 3056. Under Section 3056, Subsection (b), the Secret Service is specifically authorized to detect and arrest any person who violates federal criminal laws relating to electronic fund transfers, credit or debit card fraud, false identification documents or devices, and certain laws relating to financial institutions. Additionally, pursuant to Title 18 of the United States Code, Sections 1029 and 1030, the Secret Service is specifically charged with the authority to investigate offenses concerning fraud and related activity in connection with computers and/or access devices. Read more...

This Agreement contains the terms and conditions that apply to your purchase from the HerbalSex.com entity named o­n the invoice ("HerbalSex.com", "us", "our") that will be provided to you ("Customer") o­n orders for products. By accepting delivery of the products described o­n that invoice, Customer agrees to be bound by and accepts these terms and conditions.

THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH HerbalSex.com, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER HerbalSex.com STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in HerbalSex.com's sole discretion.


1. Other Documents
These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and HerbalSex.com.

2. Governing Law
THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.

3. Payment Terms; Orders; Quotes; Interest
Terms of payment are within Kinetro's sole discretion, and unless otherwise agreed to by HerbalSex.com, payment must be received by HerbalSex.com prior to HerbalSex.com's acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by HerbalSex.com. Invoices are due and payable within the time period noted o­n the invoice, measured from the date of the invoice. HerbalSex.com may invoice parts of an order separately. Orders are not binding upon HerbalSex.com until accepted by HerbalSex.com. Any quotations given by HerbalSex.com will be valid for the period stated o­n the quotation. Customer agrees to pay interest o­n all past-due sums at the highest rate allowed by law.

4. Shipping Charges; Taxes
Separate charges for shipping and handling will be shown o­n HerbalSex.com's invoice(s). When applicable, unless Customer provides HerbalSex.com with a valid and correct tax exemption certificate applicable to the product ship-to location prior to HerbalSex.com's acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except for taxes o­n HerbalSex.com's net income. If applicable, a separate charge for taxes will be shown o­n HerbalSex.com's invoice.

5. Title; Risk of Loss
Title to products passes from HerbalSex.com to Customer o­n shipment from our facility. Loss or damage that occurs during shipping by a carrier selected by HerbalSex.com is our responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility.

6. Warranties, Disclaimers
HerbalSex.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF' MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. In addition to these Terms and Conditions, customer agrees to be bound by the acceptance of contract terms contained elsewhere in this site.

7. Return Policies
HerbalSex.com products that are purchased directly from us by an end-user Customer may be returned by Customer in accordance with HerbalSex.com's Product Guarantee in effect o­n the date of the invoice.

8. Products
HerbalSex.com's policy is o­ne of o­n-going product update and revision. We may revise and discontinue products at any time. We reserve the right to limit order quantity at any time without notice. Prices and promotions are subject to change without notice.

9. Limitation of Liability
HerbalSex.com DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS FOR ANY REASON. HerbalSex.com WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.

10. Arbitration
Any claim, dispute or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims) against HerbalSex.com, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, "HerbalSex.com") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), HerbalSex.com's advertising, any related purchase, including the validity of this arbitration clause shall be resolved exclusively and finally by binding arbitration administered by the National Arbitration Forum (NAF) under its Code of Procedure then in effect (available via the Internet at www.arb-forum.com, or via telephone at 1-800-474-2371). The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between Customer and HerbalSex.com. The arbitration shall be held in Tampa, Hillsborough County, Florida at the office of HerbalSex.com, by telephone, or o­nline. Any award of the arbitrator(s) shall be final and bind ing o­n each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Information may be obtained and claims may be filed at any office of the NAF or at P.O. Box 50191, Minneapolis, MN 55405.

11. Applicable Law; Not For Resale
Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use o­nly, and not for resale.

12. Acceptance
By ordering any product from HerbalSex.com, whether by clicking through over the internet, telephone, facsimile or otherwise, the customer agrees to be bound by these Terms and Conditions of Sale, as well as the "Acceptance of Contract Terms" contained in the HerbalSex.com.com site.