Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Risingsun Herbal. The collective work includes works that are licensed to Risingsun Herbal Health, Inc Copyright 2003, Risingsun Herbal Health, Inc ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Risingsun Herbal Health, Inc or purchasing Risingsun Herbal Health, Inc products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Risingsun Herbal Health, Inc or to purchase Risingsun Herbal Health, Inc products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by $Risingsun Herbal Health, Inc. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
No Professional Advice or Medical Information
The Site does not provide medical advice, diagnosis or treatment, and the information included on the Site is offered for informational purposes only. Some portions of the Site may allow you to submit questions either to us or to third parties who have agreed to communicate with our users. Although we provide information about our products through the Site, neither our employees nor these third parties are authorized to provide medical or other professional advice through the Site. We also have not confirmed the qualifications of any third party who provides information through the Site, even if that third party lists his or her qualifications. As a result, you should never use the information you obtain on the Site for diagnosis or treatment of any health problem or in place of any medication or other treatment prescribed by a physician or other healthcare provider.
Please consult with your physician or other healthcare provider if you have health-related questions before using any of our products or relying on any information you obtain on the Site.
You should discuss any medications or nutritional supplements you are using with a healthcare provider before using any new medications or supplements.
The statements on the Site have not been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure or prevent any disease.
All trademarks, service marks and trade names of Risingsun Herbal Health, Inc used in the site are trademarks or registered trademarks of Risingsun Herbal Health, Inc
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Risingsun Herbal Health, Inc disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Risingsun Herbal Health, Inc does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Risingsun Herbal Health, Inc does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Risingsun Herbal Health, Inc shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Risingsun Herbal Health, Inc has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Risingsun Herbal Health, Inc product is mistakenly listed at an incorrect price, Risingsun Herbal Health, Inc reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Risingsun Herbal Health, Inc reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Risingsun Herbal Health, Inc shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Risingsun Herbal Health, Inc without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Risingsun Herbal Health, Inc may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Risingsun Herbal Health, Inc
Your use of this site shall be governed in all respects by the laws of the state of Montana, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Risingsun Herbal Health, Inc products) shall be in the state or federal courts located in Park County, Montana. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Risingsun Herbal Health, Inc products) must be commenced within one (1) year after the claim or cause of action arises. Risingsun Herbal Health, Inc's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Risingsun Herbal Health, Inc may assign its rights and duties under this Agreement to any party at any time without notice to you.
Your License to Access the Site
intercept any Content or information that we have not intentionally made available to you or defeat any access controls that we have implemented;
give you access to the Site or Content using any interface other than the interface that we provide, or attempt to "scrape" or "harvest" Content, except if you use a "robot" program in connection with a bona fide internet search engine and we do not instruct you not to access the Site using that program;
frame the Site, display any Content in connection with an unauthorized logo or mark, or do anything that could suggest falsely a relationship between us and any other party;
convey unauthorized claims about the curative or health enhancing effects of our products or suggest that we have made such claims; or otherwise adversely impact the operation of the Site, the Company, or any third party.
In addition to our other legal rights, we may limit or terminate your license to use the Site, or certain features of the Site, at any time and for any reason, without prior notice to you including our belief you violated these Terms.
By confirming your order for shipment outside the
If any package is returned to us because of an incorrect address, because you refuse the package, or for any other reason other than solely because of our error, you will be responsible for our shipping cost for the return and reshipment of the package. If the cost to return the package to us exceeds the cost of the goods ordered, or if you have ordered products that we are informed cannot be imported into the country of intended delivery, we may instruct the shipping company to abandon the package, but even if we do so, you will remain responsible for payment.
Additionally, you are considered the importer of record for all shipments from us, and must comply with all laws and regulations of the country of destination and all laws and regulations the
If we decide to allow return of an item that has been rejected because of import or other legal compliance issues, we will refund the purchase price of the merchandise, less any charges we incurred in connection with the shipment, such as quarantine fees, exam fees, demurrage charges, or warehousing fees assessed in the destination country or in the United States upon return of the goods, and less the shipping costs to return the package to us.
Risingsun Herbal Health, Inc does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Risingsun Herbal Health, Inc is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Risingsun Herbal Health, Inc reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Risingsun Herbal Health, Inc in its sole discretion.
You agree to indemnify, defend, and hold harmless Risingsun Herbal Health, Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Risingsun Herbal Health, Inc may link to sites operated by third parties. However, even if the third party is affiliated with Risingsun Herbal Health, Inc, Risingsun Herbal Health, Inc has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Risingsun Herbal Health, Inc.ï¿½ These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Risingsun Herbal Health, Inc seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).