Welcome to The Vitamin Herbal Store Store and our Terms of Service (these “Terms”). These Terms are important and affect your legal rights, so please read them carefully.
Note that Section 17 of these Terms contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.
By accessing or using the website (the “Site”) provided by The Vitamin Herbal Store, LLC or our affiliates (collectively, “TCHGS,” “we,” “us” or “our”) that link to these Terms, you agree to be bound by these Terms and all of the terms incorporated herein by reference.
If you do not agree to these Terms, you may not access or use the Site or order, receive or use the products made available through the Site (collectively, the “Products”). TCHGS reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Site or updating the “Last Updated” date at the beginning of these Terms.
By continuing to access or use the Site or order, receive or use Products, you confirm your acceptance of the revised Terms and all of the terms incorporated herein by reference.
We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Site or order, receive or use the Products.
If you do not agree to the revised Terms, you may not access or use the Site or order, receive or use the Products.
Please refer to our Privacy Notice for information about how we collect, use and disclose information about you.
The Site is not targeted toward or intended for use by anyone under the age of 18 or anyone outside of the United States. By using the Site, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, and (c) have not been previously suspended or removed from the Site, or engaged in any activity that could result in suspension or removal from the Site.
Purchasing Designs For Health Products
Registration, Account and Communication Preferences
In order to access and use certain areas or features of the Site, you will need to register for a DFH account.
By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to them, and (d) immediately notify them if you discover or otherwise suspect any security breaches related to the Site or your account.
By creating a DFH account, you also consent to receive electronic communications from DFH (e.g., via email or by posting notices to the Site). These communications may include notices about your account (e.g., payment authorizations, password changes, and other transactional information) and are part of your relationship with them.
You agree that any notices, agreements, disclosures or other communications that they send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.
They may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information that they think will be of interest to you.
You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided in the electronic communication.
We welcome your comments about our Site and the products on our Site. You must register in order to post comments that will display on the Site. You can register here. Please be aware that any comments, email messages, notes, ideas, suggestions or other communications (collectively “Comments”) sent to us or posted on our Site shall be and remain subject to these Terms. The license you grant to us permits us to use, reproduce, disclose, publish, distribute and create derivative works from the Comments for any purpose whatsoever, without restriction and without compensating you in any way. You represent to us that you have all necessary rights in the Comments to grant this license to us. Please do not to post or send us any Comments that you do not wish to permit us to use as provided above. You are solely responsible for the content of your Comments, and the consequences of any such Comments. We cannot and do not review every Comment submission users make. We neither endorse nor guarantee the accuracy or propriety of Comments shown on the Site. We do, however, reserve the right, in our sole discretion, to restrict or prohibit your use of the Site and to remove, edit, or relocate any Comment as we see fit whether for legal or other reasons.
Right to Change Site
We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the Site, any part of the Site, or any service, content, feature or product offered through the Site. You agree that we shall not be liable to you related to any changes to the Site.
From time to time there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any inaccuracies or omissions and to change or update information at any time without prior notice, even after you have submitted an order. In the event of a change after you submit an order, we will contact you to advise you of the change and you may be provided with the opportunity to change or cancel your order.
Other Web Sites
The Site may contain links to other websites that we do not control. We are not responsible for the content of linked websites and our Site linking to them does not constitute an endorsement. Please use those other websites with caution.
Third Party Content
We may display content, advertisements, and promotions from third parties or provide hypertext links leading to third party websites through the Site or in shipments with Products (collectively, “Third Party Content”).
We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness.
You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties and that TCHGS is not responsible or liable in any manner for such interactions or Third Party Content.
We reserve the right to refuse any order you place. We may, in our sole discretion, and without advance notice on the Site limit or cancel items or quantities of items purchased. These restrictions may include orders placed under the same customer account, the same credit card, and orders that use the same billing or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you using the e-mail address, postal address and/or phone number you provided at the time the order was made or at the time you registered on the Site. Please be certain to confirm that the information you have provided to us is current and accurate. This Site is designed for consumer sales. Therefore, we reserve the right to limit or prohibit transactions that we determine, in our sole discretion, are placed by resellers.
The products and services offered and available on the Site are provided “as is” and without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. No comments or information published on the Site, by us, a manufacturer, distributor or consumer shall constitute a warranty of any kind. The Vitamin Herbal Store expressly disclaims any duty to update or revise any information or comments on the Site. Use the Site at your own risk and understand that you assume the full responsibility for any costs associated with your use of the Site. The Vitamin Herbal Store, LLC shall not be liable for any damages of any kind related to your use of the Site.
You agree to defend, indemnify and hold The Vitamin Herbal Store harmless from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Site and/or your breach of any provision of these Terms.
Geographic Limitations/Choice of Law
The Site is designed for customers located in the United States of America. The Vitamin Herbal Store makes no representation or warranty that the content and materials on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. The Vitamin Herbal Store, LLC reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Site to any person, geographic area, or jurisdiction we so desire.
These Terms shall be construed in accordance with the laws of the Commonwealth of New Jersey, USA, without regard to any conflict of law provisions.
Our waiver of any provision of these Terms shall not be considered a waiver of any other provision or of our right to require strict observance of each of the provisions herein. If any provision of these Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. These Terms constitute the entire agreement between us relating to your use of the Site.
We may deliver any notice to you by email, a general notice published on the Site or by first class mail to the street address provided by you at the time you register. We will never request any personally identifiable information from you via electronic or postal mail. If you receive an email or postal mail request that purports to be from us that requests personally identifiable information from you, and specifically, your credit card number, please do not reply to that email or request.
These Terms are effective unless and until terminated by either you or The Vitamin Herbal Store. You may terminate your agreement to these Terms and your corresponding right to use the Site at any time by providing us with written notice of your intent to terminate this agreement. We also may terminate our agreement with you at any time with or without providing you advance notice, and accordingly may deny you access to the Site, if, in our sole discretion, you fail to comply with any term or provision of these Terms. The obligations and liabilities of the each of us and the provisions of these Terms shall survive the termination of this Agreement for all purposes.
No Medical Advice
WE DO NOT PROVIDE MEDICAL ADVICE. The Content that you obtain or receive from DFH, its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Site, is for informational purposes only. All medically related information, including, without limitation, information shared via Find a Practitioner, the TCHGS blog, TCHGS social channels, TCHGS emails, and text messages, and TCHGS advertising, may come from independent healthcare professionals and organizations and is for informational purposes only.
WHILE WE HOPE THE CONTENT IS USEFUL IN YOUR HEALTHCARE JOURNEY, IT IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED PRACTITIONER, UNDER ANY CIRCUMSTANCES.
DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL AND 911.
YOUR USE OF THE CONTENT IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, DENTISTRY, NURSING, OR OTHER PROFESSIONAL HEALTHCARE ADVICE, OR THE PROVISION OF MEDICAL CARE.
We do not recommend or endorse any specific tests, Practitioners, procedures, opinions, or other information that may appear through the Site. If you rely on any Content, you do so solely at your own risk. We encourage you to independently confirm any Content relevant to you with other sources, including the Practitioner’s office, medical associations relevant to the applicable specialty, your state medical boards, and the appropriate licensing or certification authorities to verify listed credentials and education. 5.2. No Doctor-Patient Relationship DOCTORS, NURSES, AND OTHER HEALTHCARE PROFESSIONALS MAY USE THE SITE TO SHARE CONTENT WITH YOU, BUT YOUR USE OF THIS CONTENT IS NOT A SUBSTITUTE FOR HEALTHCARE.
NO LICENSED HEALTHCARE PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED WHEN YOU USE THE SITE OR CONTENT. THIS IS TRUE WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SITE OR THROUGH ANY OTHER COMMUNICATIONS FROM DFH INCLUDING, WITHOUT LIMITATION, THE “FIND A PRACTITIONER” FEATURE, DFH BLOG, DFH SOCIAL CHANNELS, DFH EMAILS OR TEXT MESSAGES, LINKS TO OTHER SITES OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE PRACTITIONER IN ANY FIELD.
YOU ARE RESPONSIBLE FOR CHOOSING YOUR OWN PRACTITIONER, INCLUDING WITHOUT LIMITATION, DETERMINING WHETHER THE APPLICABLE PRACTITIONER IS SUITABLE FOR YOUR HEALTHCARE NEEDS BASED ON SPECIALTY, EXPERIENCE, QUALIFICATION, LICENSES AND OTHER IMPORTANT FACTS AND CIRCUMSTANCES THAT COULD IMPACT YOUR CARE.
TCHGS encourages Practitioners to use the Site responsibly, but we have no control over, and cannot guarantee the availability of, any Practitioner at any particular time.
We will not be liable for canceled or otherwise unfulfilled appointments, or any injury or loss resulting therefrom, or for any other injury or loss resulting in or arising from, or related to, the use of the Site whatsoever.