These terms are important because they help protect both the users and the website owner by establishing clear expectations and guidelines for the usage of the site. By providing a set of rules, users can know what is acceptable and what is not, and the website owner can better protect their intellectual property and their users from harm. Therefore, it is important for all website owners to create a set of clear and concise Terms and Conditions that cover all aspects of their website, so that users can use it in a safe, secure, and efficient manner.
1. Acceptance of Terms
You understand that all postings, messages, text, files, images, photos, videos, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Site and Services are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email, or otherwise make available via the Site and Services. You understand that SWSHerbs does not control and is not responsible for Content made available through the Site and Services and that by using the Site and Services, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, SWSHerbs site and Content available through the Services may contain links to other websites, which are completely independent of SWSHerbs. At SWSHerbs, we make no representation or warranty as to the accuracy, completeness, or authenticity of the information contained in any such site. Your opening of links to external websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on the said Content, and that under no circumstances will SWSHerbs be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Site and Services. You acknowledge that SWSHerbs does not pre-screen or approve Content but has the right (but not the obligation) in its sole discretion to refuse, delete, or move any Content that is available via the Site and Services, for violating the letter or spirit of the Terms or for any other reason. All members agree to abide by all Terms. Should you not do so, you will be terminated as a member of SWSHerbs Site and Services.
3.Privacy and Information Disclosure
You agree not to post, email, or otherwise make available Content:
that impersonates any person or entity, including, but not limited to, a SWSHerbs employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
that is false, deceptive, misleading, deceitful, misinformative, or constitutes ‘bait and switch’;
that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
that constitutes or contains ‘affiliate marketing’, ‘link referral code’, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or unsolicited commercial advertisement;
that constitutes or contains any form of advertising or solicitation if (1) posted in areas of SWSHerbs site; or (2) emailed to SWSHerbs users who have requested not to be contacted about other services, products or commercial interests;
that constitutes posting essentially the same item or service under several categories simultaneously;
that includes links to commercial services or websites;
that advertises any illegal services or the sale of any items which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by law;
that contains software viruses or any other malevolent computer code (malware), files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
that disrupts the normal function of the site via an excessive number of messages (flooding attack) to the Site and Service, or that otherwise negatively affects other users’ ability to use the Site and Services; or
that employs misleading email addresses, or forged descriptions or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
contact anyone who has asked not to be contacted;
‘stalk’ or otherwise harass anyone;
collect personal data about other users for commercial or unlawful purposes;
transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind or nature;
use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service—an exception is made for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
purposefully post Content in an irrelevant category or city, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; or
attempt to gain unauthorized access to SWSHerbs computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Services of SWSHerbs website.
5. No Spam Policy
You understand and agree that sending unsolicited email advertisements to SWSHerbs or through SWSHerbs computer systems, is expressly prohibited by these Terms. Any unauthorized use of SWSHerbs computer systems is a violation of these Terms and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
6.Limitations on Service
You acknowledge that SWSHerbs may establish limits concerning use of the Site and Services, including the maximum number of days that Content will be retained by the Site and Services, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Site and Services, and the frequency with which you may access the Site and Services. You agree that SWSHerbs has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that SWSHerbs reserves the right at any time to modify or discontinue the Site and Services (or any part thereof) with or without notice and that SWSHerbs shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or Services.
7.Termination of Service
You agree that SWSHerbs in their sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of SWSHerbs Site and Services (or any part thereof), immediately and without notice, and remove and discard any Content within the Site and Services, for any reason, including, without limitation, if SWSHerbs believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that SWSHerbs shall not be liable to you or any third party for any termination of your access to the Site or Services. You agree not to attempt to use the Site or Services after said termination. Sections 2, 4, 6 and 9–13 shall survive termination of these Terms.
8.Logos and Mark Usage (limited to Members using SWSHerbs in the United States)
For members using SWSHerbs in the United States, you acknowledge and agree not to use SWSHerbs logos other than as a sign of Membership to SWSHerbs. You also agree not to alter SWSHerbs wordmark, SWSHerbs logos and URLs and to stop using them when membership status is lost, and to only use the logos in accordance with required guidelines and policies described here. You further acknowledge that as a Member of SWSHerbs you may only use the logos and URLs as a sign of Membership in SWSHerbs Site and Services. Should you unsubscribe or cancel your Membership, or should you be removed as a Member, you agree you have no rights to use the logos or URLs.
The Service is protected to the maximum extent permitted by copyright and other intellectual property laws and international treaties. Content displayed on or through the Service is protected by copyright, including as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, and creation of derivative works from or redistribution of the Site or the Content is prohibited. Copying or reproducing the Site or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. You further agree not to reproduce, duplicate, or copy Content from the Service, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer, or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any aspect of the Service. To the maximum extent possible, all aspects of SWSHerbs site are copyrighted 2023 –present by SWSHerbs. Although SWSHerbs does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to SWSHerbs an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. In addition, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to SWSHerbs an irrevocable, perpetual, exclusive, fully paid, worldwide license to limit or otherwise control the reproduction, transmission, deletion, or distribution of Content from the Site or Services.
11.Disclaimer of Warranties
You agree that use of SWSHerbs Site and Services is entirely at your own risk. The SWSHerbso Site and Services are provided on an “as is” or “as available” basis, without any warranties of any kind. All express and implied warranties, including and without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, SWSHerbs Site and Services disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of SWSHerbs Site and Services. To the fullest extent permitted by law, SWSHerbs disclaims any warranties for other services or goods received through or posted on SWSHerbs Site or the site or services accessed through any links on SWSHerbs. To the fullest extent permitted by law, SWSHerbs disclaims any warranties for viruses or other harmful components in connection with SWSHerbso Site and Services. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
12.Limitations of Liability
Under no circumstances shall SWSHerbs be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if SWSHerbs has been advised of the possibility of such damages), resulting from any aspect of your use of SWSHerbs Site or Services, whether the damages arise from use or misuse of SWSHerbs Site or Services, from the inability to use these Site or Services, or the interruption, suspension, modification, alteration, or termination of SWSHerbs Site and Services. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with SWSHerbs Site or Services or any links on SWSHerbs Site, as well as by reason of any information or advice received through or advertised in connection with SWSHerbs Site or Services or any links on SWSHerbs Site. These limitations shall apply to the fullest extent permitted by law. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
You agree to indemnify and hold SWSHerbs, its officers, subsidiaries, affiliates, successors, assigns, directors, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
14. General Information
The Terms constitute the entire agreement between you and SWSHerbs and govern your use of the Service, superseding any prior agreements between you and SWSHerbs. The Terms and the relationship between you and SWSHerbs shall be governed by the laws of the State of Idaho. You and SWSHerbs agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Twin Falls. The failure of SWSHerbs to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
We value hearing from our users and we are interested in ways we can make SWSHerbs awesome. We welcome your feedback on this document. Please feel free to write to us mailto:info@SWSHerbs.com