PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS.
Raydian, LLC is a North Carolina limited liability company (collectively, “Raydian” or “we”, “us”, or “our”). The terms and conditions set forth herein are applicable to the Raydian website, raydianherbs.com, including all other electronic communications provided, produced or maintained by Raydian (“Web Site”).
YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS AND CONDITIONS. THE TERMS AND CONDITIONS SET FORTH HEREIN SUPERSEDE ANY REPRESENTATIONS OR CLAIMS ASSOCIATED WITH THE PRODUCT. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.
The content, information, software, designs, materials, functions and data included in and contained on the Web Site (the “Content”) are protected by intellectual property and other laws. You must comply with these and any other applicable laws when you use the Web Site.
- Products, Content and Specifications. All features, content, specifications, products and prices of products described or depicted on this Web Sitemay be altered at any time without notice. The inclusion of any products on this Web Site at a particular time does not imply or warrant that products will be available at any time. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Raydian and its service suppliers that operate this Web Site pursuant to agreements with Raydian, make all reasonable efforts to accurately display the attributes of products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. It isyour responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) with regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
- Ordering, Shipping and Returns. When an order is made, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Certain jurisdictions may provide additional statutory rights. Nothing herein is meant to limit your return or cancellation rights under local law.
- Web Site Information. We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to thecompleteness or accuracy of any information on this Web Site. In addition, we may make changes in the cost and availability of Raydian products without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
- Registration and Access Restrictions.You may be required to register for an account with us in order to use certain features of the Web Site. If you elect to take advantage of such features, you must register through the Web Site by completing the applicable registration form to create your account with a unique username and password. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Content or participate in certain features of the Web Site. You agree toprovide true, accurate, current and complete information about yourself when we request it. You must maintain the confidentiality of any access credentials that we issue to you and may not share them with any other person. You must notify the Company immediately of any unauthorized use of your credentials or any other breach of security. Even if you notify us, you will be responsible for any activities that occur using your access credentials, including any charges resulting from the use of your account.
- Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this Web Site may registered or unregistered trademarks, trade names and service marks of Raydian and its affiliates. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, anylicense or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of Raydian or such other owner.
- Inappropriate Material. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Web Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
7.No FDA Evaluation; Health Information. The information in the Web Site is provided for informational purposes only and is not meant to as a substitute for the advice from a doctor or other health care professional. Information and statements regarding dietary supplements have not been evaluated by the United States Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should not use the information available on or through the Web Site for diagnosing or treating a health problem or disease, or prescribing any medication. You should read thoroughly all product packaging prior to use. As noted above, these terms and conditions supersede any representations or claims associated with any product available for purchase through the Web Site. If you determine or believe there is a conflict between these terms and conditions and any other representation or claim associated with a product, please contact the Company immediately for clarification.
- Fees. For all charges or deposits your orders on or through the Web Site, Raydian or its vendors or agents will bill your bank card or alternative payment method offered by Raydian and you agree to pay all such charges or deposits.You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Web Site. When you provide bank card information, account numbers or other information necessary to facilitate payment to us or our vendors, you represent to us that you are the authorized user of the bank card that is used to pay for the products. In the event legal action is necessary to collect on balances due, you agree to reimburse Raydian and its vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You understand that we will hold and store such bank card or payment information to facilitate payment and deposit, damage reimbursement, and other liability purposes.
- DISCLAIMERS. YOUR USE OF THIS WEB SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND PRODUCTS PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER RAYDIAN NOR ANY OF ITS RESPECTIVE AFFILIATES NOR SUPPLIERS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR PRODUCTS PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND PRODUCTS PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER RAYDIAN NOR ANY OF ITS RESPECTIVE AFFILIATES NOR SUPPLIERS MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR PRODUCTS. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NONCOMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON MOSS WARRANTYFEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED
WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AGAINST RAYDIAN, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, AND ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE.
- LIMITATIONS OF LIABILITY. Neither Raydian nor its affiliates nor suppliers assume any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site, or your downloading of any information or materials from this Web Site. IN NO EVENT WILL RAYDIAN, OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE.
ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR PRODUCTS CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCT, IN ACCORDANCE WITH SUCH MANUFACTURER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.
- Indemnification. You agree to indemnify, defend and hold harmless Raydian and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys fees and court costs, arising from or in connection with your use of the Web Site or our products or any violation or alleged violation by you of these Terms or applicable law. You may not settle any claim covered by this Section or admit any liability on the part of the Raydian without the Raydian’s prior written approval.We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with us in the defense of such matter.
- Disputes. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE WEB SITE OR TO ANY PRODUCT SOLD OR DISTRIBUTED BY RAYDIAN OR THROUGH ITS WEB SITE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT. THE ARBITRATION TAKE PLACE IN WAKE COUNTY, NORTH CAROLINA. The Federal Arbitration Act and federal arbitration law apply.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS AND CONDITIONS AS A COURT WOULD
By agreeing to these terms and conditions, we each agree that disputes may not be conducted in a class, consolidated, or representative action.
- Termination. You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.
- Electronic Communications. When you access or use the Web Site, send emails to us, or receive electronic communications from us, you are, and consent to, communicating with the Company electronically. We may communicate with you by several methods. You agree that all notices, disclosures, agreements, policies, and other communications that the Company provides to you electronically satisfy any requirement that such communications be in writing.
- Entire Agreement. These Terms and Conditions, and any other documents and policies referenced herein, constitute the complete and exclusive understanding between Raydian and you relating to the subject matter hereof and supersedes any prior versions of these Terms and Conditions as well as all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.
- Revisions to these Terms and Conditions. These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page occasionally to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Web Site.