Terms & Conditions

Terms and Conditions

Agreement between User and livingbyherbs.com
Welcome to livingbyherbs.com. The livingbyherbs.com website (the “Site”) is comprised of various
web pages operated by Unique Concepts & Associates, Inc. (“UCA”). livingbyherbs.com is
offered to you conditioned on your acceptance without modification of the terms, conditions, and
notices contained herein (the “Terms”). Your use of livingbyherbs.com constitutes your agreement
to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

livingbyherbs.com is an E-Commerce Site.

The purpose of this website is to provide information and sale health and fitness products.

Privacy
Your use of livingbyherbs.com is subject to UCA’s Privacy Policy. Please review our Privacy
Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications
Visiting livingbyherbs.com or sending emails to UCA constitutes electronic communications. You
consent to receive electronic communications and you agree that all agreements, notices,
disclosures and other communications that we provide to you electronically, via email and on the
Site, satisfy any legal requirement that such communications be in writing.

Children Under Thirteen
UCA does not knowingly collect, either online or offline, personal information from persons under
the age of thirteen. If you are under 18, you may use livingbyherbs.com only with permission of a
parent or guardian.

Cancellation/Refund Policy
Any cancellation or refund must be made directly with the manufacturer of the product or service
that was purchased. Livingbyherbs.com is an affiliate site which do not handle purchases directly
with any customer.

Links to Third Party Sites/Third Party Services
livingbyherbs.com may contain links to other websites (“Linked Sites”). The Linked Sites are not
under the control of UCA and UCA is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any changes or updates to a
Linked Site. UCA is providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by UCA of the site or any association with its operators.

Certain services made available via livingbyherbs.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from the livingbyherbs.com
domain, you hereby acknowledge and consent that UCA may share such information and data
with any third party with whom UCA has a contractual relationship to provide the requsted product, service or functionality on behalf of livingbyherbs.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
livingbyherbs.com strictly in accordance with these terms of use. As a condition of your use of the
Site, you warrant to UCA that you will not use the Site for any purpose that is unlawful or
prohibited by these Terms. You may not use the Site in any manner which could damage, disable,
overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
You may not obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of UCA or its suppliers and
protected by copyright and other laws that protect intellectual property and proprietary rights. You
agree to observe and abide by all copyright and other proprietary notices, legends or other
restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
UCA content is not for resale. Your use of the Site does not entitle you to make any unauthorized
use of any protected content, and in particular you will not delete or alter any proprietary rights or
attribution notices in any content. You will use protected content solely for your personal use, and
will make no other use of the content without the express written permission of UCA and the
copyright owner. You agree that you do not acquire any ownership rights in any protected content.
We do not grant you any licenses, express or implied, to the intellectual property of UCA or our
licensors except as expressly authorized by these Terms.

International Users
The Service is controlled, operated and administered by UCA from our offices within the USA. If
you access the Service from a location outside the USA, you are responsible for compliance with
all local laws. You agree that you will not use the UCA Content accessed through
livingbyherbs.com in any country or in any manner prohibited by any applicable laws, restrictions
or regulations.

Indemnification
You agree to indemnify, defend and hold harmless UCA, its officers, directors, employees, agents
and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s
fees) relating to or arising out of your use of or inability to use the Site or services, any user
postings made by you, your violation of any terms of this Agreement or your violation of any rights
of a third party, or your violation of any applicable laws, rules or regulations. UCA reserves the
right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject
to indemnification by you, in which event you will fully cooperate with UCA in asserting any
available defenses.

Arbitration In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
and Conditions.

Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and UCA agree otherwise, the arbitrator may not consolidate
more than one person’s claims, and may not otherwise preside over any form of a representative
or class proceeding.

Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. UNIQUE CONCEPTS & ASSOCIATES, INC. AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY
TIME.

UNIQUE CONCEPTS & ASSOCIATES, INC. AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF
ANY KIND. UNIQUE CONCEPTS & ASSOCIATES, INC. AND/OR ITS SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL UNIQUE CONCEPTS & ASSOCIATES, INC. AND/OR ITS SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE
OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING
OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF UNIQUE CONCEPTS &
ASSOCIATES, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SITE.

Termination/Access Restriction
UCA reserves the right, in its sole discretion, to terminate your access to the Site and the related
services or any portion thereof at any time, without notice. To the maximum extent permitted by
law, this agreement is governed by the laws of the State of North Dakota and you hereby consent
to the exclusive jurisdiction and venue of courts in North Dakota in all disputes arising out of or
relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give
effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between
you and UCA as a result of this agreement or use of the Site. UCA’s performance of this
agreement is subject to existing laws and legal process, and nothing contained in this agreement is
in derogation of UCA’s right to comply with governmental, court and law enforcement requests or
requirements relating to your use of the Site or information provided to or gathered by UCA with
respect to such use. If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent of the original provision and
the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and UCA with respect to the Site and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between the user and UCA with respect to the
Site. A printed version of this agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to this agreement to the
same extent and subject to the same conditions as other business documents and records originally
generated and maintained in printed form. It is the express wish to the parties that this agreement
and all related documents be written in English.

Changes to Terms
UCA reserves the right, in its sole discretion, to change the Terms under which livingbyherbs.com
is offered. The most current version of the Terms will supersede all previous versions. UCA
encourages you to periodically review the Terms to stay informed of our updates.

Contact Us
UCA welcomes your questions or comments regarding the Terms:

Unique Concepts & Associates, Inc.
Po Box 7191
Williston, North Dakota 58803

Email Address:
info@livingbyherbs.com

Telephone number:
6513476785

Effective as of March 09, 2020

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