Last Updated: May 11, 2018
PLEASE READ CAREFULLY
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.
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.
- use any manual process or robot, spider, scraper, or other automated means to collect information from the Site or from users of the Site;
- 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;
- mirror any Materials contained on this Site or any Herbstomp server or use framing techniques to enclose the Site or any part thereof;
- circumvent any of the technical limitations of the Site, or decompile, disassemble or otherwise reverse engineer the Site;
- 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;
- 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;
- impersonate any person or entity, misrepresent yourself or your entity, or attempt to use another user’s account without the user’s permission;
- use any metatags or any other hidden text incorporating Herbstomp’s name or trademarks in any online site or posting;
- solicit, trace or otherwise collect any information from users or visitors of the Site;
- use the Site for commercial activities such as contests or advertising;
- create a database by downloading and storing the Materials or any part thereof; or
- post any material that could be considered obscene, lewd, lascivious, excessively violent, harassing, or otherwise objectionable.
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.
USER CONTENT IS NOT PRESCREENED.
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 [email protected]
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.
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.
- 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: [email protected]
- 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.
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.
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.
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.
- 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.
- No Waiver.
- Entire Agreement.