Terms of Service | Wild Grace Herbs

Acceptance. By using the goodearthmarkets.com website (the “Site”) or any of the services provided by Wild Grace Herbs including, the Site and various related Services (collectively, the “Services”), you are agreeing to be bound by the following Terms of Service (the “Terms of Service”). If you do not wish to be bound by these Terms of Service, please exit the Site now and do not use any of the Services. Your agreement with us regarding compliance with these Terms of Service becomes effective immediately upon commencement of your use of the Site or Services.

Indemnification. You agree to defend, indemnify, and hold Wild Grace Herbs and our affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of the Site or Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Site Content and Use. Your use of the Site and Services is subject to all applicable laws and regulations, and you are solely responsible to assure that your use of the Site and Services is in compliance therewith. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Services, or access to the Services without the express written permission by Wild Grace Herbs. The Site and Services may not be used in connection with promoting anything, which in Wild Grace Herbs sole discretion is, harmful, hateful, obscene, or unlawful. You must not use the Site or Services to transmit any worms, viruses or any code of a destructive nature.

Arbitration of Disputes.
- a. Informal Resolution. All disputes relating to these Terms of Service will initially be
  referred to the applicable Wild Grace Herbs service manager. If the service manager is unable to resolve the dispute within five (5) business day(s) (or any other agreed upon timeframe), the dispute will be referred to the service manager’s direct supervisor. The supervisor may, if both Parties agree, meet to resolve the dispute, but if they are unable to resolve the dispute then (regardless of whether a meeting occurs) ten (10) business days after referral (or such other period as the Parties may agree), the Parties may pursue other remedies consistent with these Terms of Service.
- b. Binding Arbitration. Should any dispute (or part thereof) remain between the Parties after completion of the process described above, such dispute will be submitted to final and binding arbitration in Utah under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), provided that to the extent any such rule conflicts with the provisions of this Section, this Section shall control. The arbitration will be conducted by one independent arbitrator who will be a judge or attorney with at least ten years practice in the applicable legal industry. Each Party may be represented by an attorney selected by the Party. The costs of the arbitration, including the arbitrator’s fees and expenses, will be shared equally by the Parties. Each Party will pay its own attorney’s fees and costs, provided that, if the arbitrator finds either Party has acted in bad faith, the arbitrator will have discretion to award attorney’s fees to the other Party. The arbitrator will have the power to resolve all disputes between the Parties. The arbitrator will apply the substantive Law of the state of Utah. The arbitrator will only interpret and apply the terms and provisions of these Terms of Service and will not change any such terms or provisions or deprive either Party of any right or remedy expressly or impliedly provided for in these Terms of Service. The arbitrator will not have the power to award damages other than those described in these Terms of Service. The determination of the arbitrator will be conclusive upon the Parties and will be non-appealable. At least thirty (30) days before the arbitration is scheduled to commence, the Parties will exchange lists of witnesses and copies of all exhibits intended to be used in arbitration. The Parties will be entitled to limited discovery. A stenographic record of the proceedings will be kept, unless waived by both Parties, at the equal expense of the Parties. The arbitration will be completed within one hundred twenty (120) days of the selection of the arbitrator. The arbitrator will render a written decision, which contains findings of fact and conclusions of Law, within thirty (30) days of the conclusion of the arbitration and will specify a time within which the award will be performed. Judgment upon the award, including specific enforcement of the decision, will be entered in any court of proper jurisdiction. A single arbitration may be used to resolve one (1) or more disputes pending between the Parties at the time of the arbitration proceeding. The pendency of arbitration will not extend the term of these Terms of Service or affect any termination provided for under these Terms of Service. The agreement to arbitrate will be specifically enforceable in any federal or state court of competent jurisdiction.
- c. Choosing Arbitration. THE PARTIES HAVE KNOWINGLY CHOSEN ARBITRATION AS AN ALTERNATIVE TO PROCEEDINGS IN COURT AND THEY SPECIFICALLY WAIVE THEIR RIGHTS TO PROCEED BY ANY MEANS BEFORE A COURT OTHERWISE HAVING JURISDICTION OF ANY DISPUTE BETWEEN THEM, EXCEPT TO THE EXTENT NECESSARY FOR INJUNCTIVE RELIEF OR OTHER EQUITABLE RELIEF.
Disclaimer of Warranties. ALL MATERIALS, CONTENT, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY SERVICES PURCHASED OR OBTAINED BY YOU FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOOD EARTH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COVER, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GOOD EARTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE A SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (V) CONDUCT, ACT OR OMISSION OF ANY SERVICE PROVIDER (INCLUDING WITHOUT LIMITATION ACTS OF PHYSICAL VIOLENCE, HARASSMENT, AND DESTRUCTION OF PERSONAL OR REAL PROPERTY), OR ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY SERVICE PROVIDER; (VI) OR ANY OTHER MATTER RELATING TO THE SITE OR SERVICES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Consent to Electronic Communications. By using the Site and Services, you consent to receiving electronic communications from Wild Grace Herbs. These communications may include notices about your account and information concerning or related to the Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Modifications and Feedback/Questions. These Terms of Service are effective as of January 23, 2024. We expressly reserve the right to change these Terms of Service from time to time without notice to you. You agree that it is your responsibility to review these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of this Site or any Services after such modifications will constitute acknowledgement of the modifications and agreement to abide and be bound by the revised Terms of Service.

ACCESS BY MINORS In order to purchase or register for an account, you must be 18 years of age. If you are under 18 years of age or not of legal age to form a binding contract in your place of residence, you may not place an order on this Website. Please see our Privacy Policy for more information about use of this Website by persons under the age of 18. We hereby notify you that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors, pursuant to 47 U.S.C. Section 230 (d), as amended.

REGISTRATION If you set up an account with us to order products, you are agreeing to provide accurate and true information about yourself and to continue to maintain and update to keep it accurate. This includes your email address. If any of this information you provide to use is untrue, incomplete or outdated, we reserve the right to terminate your access and use of the Website. You are responsible for maintain the privacy and confidentiality of your user name and password for any and all activities conducted through your account. You agree not to transfer or resell your use and access to a third party. You are responsible for all of the activity on your account, including the use of your account by other people who you may or may not have authorized to use it. Please notify us immediately of any breach of security or unauthorized use of your account.

MEDICAL, NUTRITION, AND PRODUCT INFORMATION Any information on this Website is not meant to diagnose or treat any ailment as this should be done by a competent, experienced naturopathic doctor or medical doctor. It is important to remember that each individual’s body has specific requirements for nutrition and/or health. Therefore, the information offered on this Website is for historical and general information only and Is not to be construed as medical advice or treatment for anyone. Nothing on this Website is legal advice or medical advice or treatment. The use of herbs and other natural remedies is a natural right. All material and information is intended to be used for personal education or informational purposes only. The statements or products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly as intended. Please check all ingredients to prevent potential allergic reactions. Use of this Website is not meant to substitute for medical care or advice. Please consult with your doctor or medical professional regarding the use of any goods, products or information. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.