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Last updated: 11/7/18
Please read these Terms and Conditions carefully before using the http://www.heavenearthmedicinals.com website operated by Heaven & Earth Medicinals, LLC
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
CONDITIONS OF USE
Welcome to our online store! Heaven & Earth Medicinals and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.
When you visit https://www.heaven&earthmedicinals.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Heaven & Earth Medicinals, LLC or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Heaven & Earth Medicinals, LLC, with copyright authorship for this collection by Heaven & Earth Medicinals, LLC, and protected by international copyright laws.
Heaven & Earth Medicinals, LLC trademarks and trade dress may not be used in connection with any product or service that is not Heaven & Earth Medicinals, LLC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Heaven & Earth Medicinals, LLC. All other trademarks not owned by Heaven & Earth Medicinals, LLC or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Heaven & Earth Medicinals, LLC or its subsidiaries.
LICENSE & SITE ACCESS
Heaven & Earth Medicinals, LLC grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Heaven & Earth Medicinals, LLC. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Heaven & Earth Medicinals, LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Heaven & Earth Medicinals, LLC and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Heaven & Earth Medicinals, LLC name or trademarks without the express written consent of Heaven & Earth Medicinals, LLC. Any unauthorized use terminates the permission or license granted by Heaven & Earth Medicinals, LLC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Heaven & Earth Medicinals, LLC so long as the link does not portray Heaven & Earth Medicinals, LLC, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Heaven & Earth Medicinals, LLC logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Heaven & Earth Medicinals, LLC and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS, & OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Heaven & Earth Medicinals, LLC reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Heaven & Earth Medicinals, LLC and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Heaven & Earth Medicinals, LLC and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Heaven & Earth Medicinals, LLC or its associates for all claims resulting from content you supply. Heaven & Earth Medicinals, LLC has the right but not the obligation to monitor and edit or remove any activity or content. Heaven & Earth Medicinals, LLC takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from Heaven & Earth Medicinals, LLC are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Heaven & Earth Medicinals, LLC and its associates attempt to be as accurate as possible. However, Heaven & Earth Medicinals, LLC does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Heaven & Earth Medicinals, LLC itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY Heaven & Earth Medicinals, LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. MYCOMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Heaven & Earth Medicinals, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Heaven & Earth Medicinals, LLC DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Heaven & Earth Medicinals, LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Heaven & Earth Medicinals, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting Heavenearthmedicinals.com, you agree that the laws of the state of Oregon, United States of America, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Heaven & Earth Medicinals, LLC or its associates.
Any dispute relating in any way to your visit to Heavenearthmedicinals.com or to products you purchase through Heavenearthmedicinals.com shall be submitted to confidential arbitration in Oregon, United States of America, except that, to the extent you have in any manner violated or threatened to violate Heaven & Earth Medicinals, LLC intellectual property rights, Heaven & Earth Medicinals, LLC may seek injunctive or other appropriate relief in any state or federal court in the state of Oregon, United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, & SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to heavenearthmedicinals.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Last updated 11/8/18
Thank you for choosing to be part of our community at Heaven & Earth Medicinals, LLC. We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us at firstname.lastname@example.org.
Table of Contens
What information do we collect?
How do we use your information?
Will your information be shared with anyone?
Who will your information be shared with?
How long do we keep your information?
How do we keep your information safe?
Do we collect information from minors?
What are your privacy rights?
Controls for do-not-track features?
Do we make updates to this policy?
How can you contact us about this policy?
One. What information do we collect?
Personal information you disclose to us
In short: we collect personal information that you provide to us such as name, address, contact information, password and security data, and payment information.
We collect personal information that you voluntarily provide to us when registering at the sites expressing an interest in obtaining information about us or our products and services, when participating in activities on the website or otherwise contacting us.
The personal information that we collect depends on the context of your interactions with us and the site, the choices you make and the products and features you use. The personal information we collect can include the following:
Name and Contact Data: We collect your first and last name, email address, postal address, phone number, and other similar contact data.
Credentials: We collect passwords, password hints, and similar security information used for authentication and account access.
Payment Data: We collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as credit card number), and the security code associated with your payment instrument. All payment data is stored by our payment processor and you should review its privacy policies and contact the payment processor directly to respond to your questions.
All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.
Two. Information collected from other sources
In short: We may collect limited data from public databases, marketing partners, and other outside sources.
We may obtain informations about you from other sources, such as public database, joint marketing partners, as well as from other third parties. Examples of the information we receive from other sources include: social media profile information; marketing leads, search results, and links including paid listings.
We use the information we collect or receive:
To facilitate account creation and logon process. If you choose to link your account with us to a third party account ( such as your Google or Facebook account), we may use the information you allowed us to collect from those third parties to facilitate account creation and logon process.
To send you marketing and promotional communications. We and/our third party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt-out of our marketing emails at any time (see “What are you privacy rights”).
Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the website.
To post testimonials. We post testimonials on our website and social media that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and testimonial. If you wish to update, or delete your testimonial, please contact us at email@example.com and be sure to include your name, testimonial location, and contact information.
Deliver targeted advertising to you. We may use your information to develop and display content and advertising (and work with third parties who do so) tailored to your interest and/or location and to measure its effectiveness.
Administer prize draws and competitions. We may use your information to administer prize draws and competitions when you elect to participate in competitions.
Request feedback. We may use your information to request feedback and to contact you about your use of our website and products.
To protect our website and social media. We may use your information to monitor our sites for fraud monitoring and prevention.
To enforce our terms, conditions, and policies.
To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
For other business purposes. We may use your information for other business purposes, such as data analysis, identifying user trends, determining the effectiveness of our promotional campaigns, and to evaluate and improve our website, social media, products, services, marketing, and your experience.
Three. Will your information be shared with anyone?
In short: we only share information with your consent, to comply with laws, to protect your rights, or to fulfill business obligations.
We may process or share data based on the following legal bases:
Consent: we may process your data if you have given us consent to use your personal information in a specific purpose.
Legitimate interests: we may process your data when it is reasonably necessary to achieve our legitimate business interests.
Performance of a contract: where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
Legal obligations: we may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial processing, court order, or legal process, such as in response to a court order or subpoena.
Vital interest: we may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threat to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
More specifically, we may need to process your data or share your personal information in the following situations:
Vendors, consultant, and other third-party service providers. We may share your data with third party vendors, service providers, contractors, or agents who perform services for us on our behalf and require access to such information to tdo that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service, shipping of products, and marketing efforts. Unless described by this policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes.
Business transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
Business partners. We may share your information with our business partners to offer you certain products, services, or promotions.
Four. Who will your information be shared with?
In short: we only share information with the following third parties.
We only share and disclose your information with the following third parties. If we have processed your data based on your consent and you wish to revoke your consent, please contact us.
Advertising, direct marketing, and lead generations: Google AdSense
Affiliate marketing programs: Lead Dyno
Allow users to connect to their third party accounts: Facebook and Instagram accounts
Communicate and chat with users: MailChimp
Data backup and security: Google Drive Backup
Invoice and billing: PayPal, Stripe, Square
Social media sharing and advertising: Instagram and Facebook advertising.
Website hosting: Squarespace
Five. How long will we keep your information?
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible, then it will be securely stored and isolated from further processing until deletion is possible.
Six. How do we keep your information safe?
In short: We aim to protect your personal information through a system of organizational and security measures.
We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet is itself 100% secure. Although we will do our best to protect your personal information, transmission of personal information to and from out sites is at your own risk. You should only access the services within a secure environment.
Seven. Do we collect information from minors?
In short: We do not knowingly collect data from or market to children and adults under 21 years of age.
We do not knowingly solicit data from or market to children under 21 years of age. By using the website, you represent that you are at least 21 or that your parent or guardian of sucha minor and consent to such minor dependent’s use of the website. If we learn that personal information from users less than 21 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children and adults under age 21, please contact us at firstname.lastname@example.org
Eight. What are your privacy rights?
In short: You may review, change, or terminate your account at any time.
If you would at any time like to review or change the information in your account or terminate your account, you can:
Log into your account setting and update your user account.
Contact us using the contact information provided.
Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list - however, we will still need to send you service-related emails that are necessary for the administration and use of your account. To otherwise opt-out, you may:
Access your account setting and update preferences.
Contact us using the contact information provided.
Note your preferences when you register an account with this site.
Help remember and process the items in the shopping cart.
Understand and save user’s preferences for future visits.
Compile aggregate data about site traffic and site interactions in order to offer better site services and tools in the future. We may also use trusted third-party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You can do this through your browser settings.
If you disable cookies, some features will be disabled and services may not function properly. However you can still place orders.
Ten. Do we make updates to this policy?
In short: Yes, we will update this policy as necessary to stay compliant with relevant laws.