TERMS OF USE

Last Updated: May 11, 2018

PLEASE READ CAREFULLY

These Terms of Use (“Terms of Use”) is a legal agreement between you and Elemental Prism, LLC doing business as Herbstomp (“Herbstomp,” “we,” “us,” or “our”) that governs your use of the Herbstomp website and other Herbstomp services (collectively, the “Site”) and your purchase and use of products and services made available through the Site. By accessing the Site on any computer, mobile phone, tablet, console or other device, you signify that you have read, understand and agree to be bound by these Terms of Use, whether or not you are a registered Site user. We have the right to change the Terms of Use at any time. We agree to post a notice of the changes in the footer of our Site, and the changes will be effective 30 days after posting such notice to our Site. Your continued use of the Site shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use the Site.

You agree to our use of your personal information and content in accordance with our Privacy Policy, which is available at https://herbstomp.com/index.php/privacy-policy and incorporated herein by reference.

SAFEGUARD YOUR USERNAME AND PASSWORD

You are responsible for any actions that take place while using your Herbstomp account. Keep your username and password secure and do not allow anyone else to use them to access the Site. Herbstomp is not responsible for any loss that results from the unauthorized use of your username and password, with or without your knowledge.

INTELLECTUAL PROPERTY

All content included on the Site, such as text, graphics, designs, logos, literature, icons, presentations, videos, data, instructions, photos, and software (the “Materials”), is the property of Herbstomp or its licensors. The Materials are protected by copyright, trademark and other intellectual property laws.

HERBSTOMP and other trademarks, service marks and logos that we use, are trademarks of Herbstomp. Third-party trademarks that appear on the Site are the property of their respective owners. Your use of any of the trademarks displayed on this Site without express written permission from Herbstomp or their owners is strictly prohibited.

LIMITED LICENSE.

So long as you comply with the these Terms of Use, you may access the Site and use the Materials for non-commercial purposes or to order products from the Site. Downloading, printing, copying, distributing or otherwise using Materials for commercial purposes, including commercial publication, sale or personal gain, is expressly prohibited.

SITE RESTRICTIONS.

You agree to use the Site in a manner consistent with all laws and regulations and in accordance with these Terms of Use. Except as expressly and unambiguously permitted in these Terms of Use or other written consent from Herbstomp, you may not, and you may not facilitate or permit anyone else to, directly or indirectly:

  1. use any manual process or robot, spider, scraper, or other automated means to collect information from the Site or from users of the Site;
  2. copy, modify, publicly display, post, distribute, or exploit in any way the Materials or other data or information from the Site for commercial purposes, including commercial publication, sale or personal gain;
  3. mirror any Materials contained on this Site or any Herbstomp server or use framing techniques to enclose the Site or any part thereof;
  4. circumvent any of the technical limitations of the Site, or decompile, disassemble or otherwise reverse engineer the Site;
  5. perform or attempt to perform any actions that would interfere with the proper working of the Site, prevent access to or use of the Site by our other users, or impose an unreasonable or disproportionately large service request or usage load on our Site infrastructure;
  6. change or remove any copyright, trademark, or other proprietary notices, including without limitation attribution information, credits, and copyright notices that have been placed on or near the Materials;
  7. impersonate any person or entity, misrepresent yourself or your entity, or attempt to use another user’s account without the user’s permission;
  8. use any metatags or any other hidden text incorporating Herbstomp’s name or trademarks in any online site or posting;
  9. solicit, trace or otherwise collect any information from users or visitors of the Site;
  10. use the Site for commercial activities such as contests or advertising;
  11. create a database by downloading and storing the Materials or any part thereof; or
  12. post any material that could be considered obscene, lewd, lascivious, excessively violent, harassing, or otherwise objectionable.

CONTENT SUBMITTED.

Your feedback and Site participation are important to us. With respect to any content you submit or make available to Herbstomp or on the Site (including through social media channels), such as your review, comments, endorsements, testimonials, pictures, videos and other content, you grant to Herbstomp a non-exclusive, perpetual, worldwide, royalty-free, transferable license to use, copy, distribute, publicly display, modify, create derivative works, commercialize and sublicense such content, in whole or in part, in any media, now or hereafter known or developed for all purposes, without any additional consideration due to you. You acknowledge and represent that such content is not confidential. By posting or distributing such content, you understand that it may be freely copied and distributed by others without your permission.

In the event that you submit or post any creative suggestions, proposals, or ideas about our products and services, you agree that such submissions will be automatically treated as non-confidential and non-proprietary and will become our sole property without any compensation or credit to you whatsoever.

CONTENT RULES.

You represent and warrant that your content you post and your activities on the Site do not and will not violate these Terms of Use or the rights of any third party, including infringing or misappropriating any third party intellectual property and publicity rights. You are solely responsible for your user content and your activity on the Site.

USER CONTENT IS NOT PRESCREENED.

We do not prescreen content posted by users and cannot guarantee the Site will be free from content that is inaccurate, deceptive, offensive, defamatory, unlawful or otherwise objectionable. You acknowledge that we are acting only as a passive channel for such distribution. We have no liability relating to any user content or activities of users on the Site. Even in the event we choose to monitor any user content, we assume no responsibility for, or any obligation to monitor or remove, such user content. You grant us the right to collect, use and share your content in accordance with these Terms of Use and our Privacy Policy. If you have concerns about any content posted by another user, please use the Copyright or Trademark notice procedures in these Terms of Use to notify us.

COPYRIGHT AND TRADEMARK INFRINGEMENT NOTICE PROCEDURE.

Herbstomp respects intellectual property rights. If you believe your copyrighted work has been copied or posted on or through the Website in a way that constitutes copyright infringement, or if you would like to submit a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark (registered with the United States Patent and Trademark Office on the Principal Register or, for foreign marks, registered with the appropriate intellectual property organization of your country), then please contact us at herbstompteam@gmail.com

 

 

LINKS TO OUR WEBSITE.

You may link to our homepage, provided you do so in a way that is fair, clearly identifies Herbstomp, and does not damage our reputation or take advantage of it. However, you may not suggest any form of association, approval or endorsement on our part without our express written consent.

TERMINATION.

We reserve the right in our sole discretion to (i) terminate your account, (ii) delete any of your content, (iii) restrict your use of all or any part of the Site, and (iv) modify or discontinue the Site (or any part of the Site), for any or no reason, without notice, and without liability to you or anyone else. We also reserve the right to block users from accessing or posting content to the Site by using any technology available, such as blacklisting certain IP addresses or device numbers.

SALES POLICY.

  • Product Orders: All orders placed through the Site are subject to our acceptance. We may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that we later cancel, we will issue you a refund.
  • Credit Card Payment Procedure: Herbstomp accepts payment by credit card or Venmo as follows:
  • If by credit card: Place an order like you would any other order through the shopping cart. Once your order is submitted Herbstomp will receive an email with your information and order. Between the hours of 10 am and 7pm (PST) Herbstomp will call you and process your credit card over the phone. Once payment is received your order will be processed and you will receive a shipping confirmation.
  • If by Venmo: Place an order like you would any other order through the shopping cart but note in the “NOTES” section that you would prefer to pay via Vanmo. Once your order is submitted Hebstomp will receive an email with your information and order. Send payment in full through Venmo to @herbstomp. PLEASE DO NOT mention the products you are purchasing inside the Venmo terminal – Herbstomp will have this information. Once Herbstomp confirms your Venmo payment your order will be processed and you will receive a shipping confirmation.
  • Electronic Payment Vendors: Some payments may be processed through electronic payment vendors. Your relationship with any electronic payment vendor is separate from your relationship with us and is governed by the terms and conditions contained in the vendor’s agreement and posted on their website.
  • Returns and Refunds: All sales are final and we do not accept returns. If, however, you have a problem or are unsatisfied with your order in any way, please contact us by filing a support request here: herbstompteam@gmail.com
  • Shipping: Currently, we ship anywhere in the United States where USPS will ship. Products usually ship within 2-3 weeks after we receive your order.

REPRESENTATIONS AND WARRANTIES.

You represent and warrant that: (i) you are 13 years of age or older; (ii) you have provided accurate and current information about yourself in all forms used in conjunction with the Site; (iii) you are eligible to use the Site and have the right and power to enter into these Terms of Use; (iv) you will comply with all federal, state and local laws, including without limitation applicable tax laws; (v) you will not use the Site, directly or indirectly, for any fraudulent undertaking or in any manner that interferes with the operation of the Site; and (vi) you and your use of the Site will be in compliance with these Terms of Use.

WARRANTY DISCLAIMER.

THE SITE AND ANY PRODUCTS OR SERVICES PURCHASED OR MADE AVAILABLE ON THE SITE ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND. YOU USE THE SITE AT YOUR OWN SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT RELATED TO OR ARISING OUT OF THE SITE, ANY CONTENT ON THE SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR MADE AVAILABLE ON THE SITE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. HERBSTOMP DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. HERBSTOMP ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE SITE. HERBSTOMP ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE SITE.

LIMITATION OF LIABILITY AND DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HERBSTOMP, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICES PROVIDERS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER BASED ON UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO (i) THE USE OR THE INABILITY TO USE THE SITE OR ANY ERRORS, OMISSIONS OR INACCURACIES IN ANY CONTENT IN THE SITE; (ii) THE SITE OR THE CONDUCT OF OTHER SITE USERS OR THIRD PARTIES; (iii) THE PERFORMANCE OF THE PRODUCTS AND SERVICES PURCHASED THROUGH THE SITE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, CONTENT OR PERSONAL INFORMATION; (iv) ANY BUGS VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; (vi) ANY OTHER MATTER RELATING TO THE SITE OR ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SITE. APPLICABLE LAW MAY NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNITY.

You agree to defend, indemnify and hold harmless Herbstomp, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your user content, any use of the Site’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

ELECTRONIC COMMUNICATIONS.

By using the Site, you agree to receive certain electronic communications from us, whether on our website, through the Site or by email. You may unsubscribe from communications at any time by clicking the appropriate link in the communication. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. All calls, emails and other communications between you and Herbstomp may be recorded. 

THIRD PARTY SITES.

The Site may contain links to websites, applications or other products or services operated by other companies and offers provided by third parties (“Third Party Sites”). We do not endorse, monitor or have any control over these Third Party Sites, which are governed by separate terms and privacy policies. We are not responsible for the content or policies of Third Party Sites and you access such Third Party Sites at your own risk. We expressly disclaim any liability for these Third Party Sites.

MISCELLANEOUS.

  1. Survival.

The terms that by their nature may survive termination shall remain in effect and survive the termination of these Terms of Use, including without limitation, Content Submitted, Ownership, Indemnity, Warranty Disclaimer, Limitation of Liabilities and Damages and Miscellaneous.

  1. Assignment.

These Terms of Use are personal to you, the user. You may not assign these Terms of Use or any rights and licenses in these Terms of Use to another party. These Terms of Use may be assigned by Herbstomp without restriction.

  1. Disputes.

This Agreement shall be governed by the laws of the State of Oregon, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Multnomah County, Oregon, and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.

  1. Limitations on Claims.

Any cause of action or claim you may have with respect to Herbstomp or the Site (including without limitation the purchase of products and services) must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred.

  1. No Waiver.

Our failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of that or any other right or provision. Neither the course of conduct between the parties nor trade practice shall modify any of the terms in these Terms of Use.

  1. Severability.

If any provision in these Terms of Use is determined by a court to be invalid or unenforceable, the remaining provisions of these Terms of Use shall continue to be valid and enforceable.

  1. Entire Agreement.

These Terms of Use and the Privacy Policy constitute the entire agreement between you and us and govern your use of the Site. These Terms of Use supersede any prior agreements, communications, representations, or understandings between you and us, including without limitation any prior versions of these Terms of Use.