Terms and Conditions - Lianhua Qingwen

Please thoroughly read the Conditions of Use before using this site.

By using this website, you acknowledge and agree to comply with all legal terms and conditions of use set forth on this site. If you do not agree to these terms or conditions of use, you may not utilize LianhuaHerbs’s website, materials or services.

Please note that these Terms of Use and Terms of & Conditions of Sale contain a mandatory binding arbitration clause and class action waiver in Sections 30 and 31, respectively. These provisions require that Buyer waive Buyer’s right to seek relief in a court of law and Buyer’s right to have any disputes decided by a judge or a jury – and, instead, engage in binding arbitration on an individual basis.

RESTRICTIONS ON USE OF MATERIALS

All rights in the intellectual property contained in this website including copyright, trademarks, trade secret and patent rights are reserved . By viewing this website, you are agree that all information accessed through LianhuaHerbs.com falls within the purview of Section 107. Limitations on exclusive rights: Fair Use in the Copyright Law of the United States of America . This means that you may under no circumstances claim material published on this site to be your own. No material from the site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, distributed or exhibited in any way. Modification of the materials or use of the materials for any unauthorized purpose constitutes a violation of LianhuaHerbs copyright and proprietary rights. The use of any such material on any other Web site or networked computer environment is strictly prohibited. Except as otherwise indicated on this site and except for the trademarks, service marks and trade names of other companies that are displayed on this site, all trademarks, service marks and trade names are proprietary to LianhuaHerbs.

LianhuaHerbs hereby authorizes you to make a single copy of the content herein for use in learning about, evaluating, or acquiring LianhuaHerbs products or services. You agree that any copy must include LianhuaHerbs’s copyright notice.

ACCESS AND USE OF INFORMATION

Access is limited to viewing the linked web pages solely for legitimate business purposes. Any access or attempt to access other areas of the LianhuaHerbs computer system or other information contained on the system or website for any purpose is strictly prohibited. You may not use any information contained on this website other than in connection with a legitimate business purpose.

SUBMISSIONS

All information, verbal, written, graphical or otherwise, communicated to LianhuaHerbs through this Site will forever be the property of LianhuaHerbs. Unless otherwise specified in writing, all material submitted to LianhuaHerbs will be presumed to be public and LianhuaHerbs will not be required to treat the information as confidential.LianhuaHerbs shall have exclusive ownership of all present and future existing rights in the information, without compensation to the person sending the information. It should be noted that statement intends to address to comments, suggestions, questions, complaints, etc. This does not impact the force of our Statement on Privacy or LianhuaHerbs’s dedication to the security of your personal and financial information.

DISCLAIMER

THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. LianhuaHerbs DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY THAT MAY ARISE FROM THE COURSE OF DEALING, USAGE, PERFORMANCE OR TRADE. LianhuaHerbs DOES NOT WARRANT THAT THE MATERIALS WILL FUNCTION IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LianhuaHerbs DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. LianhuaHerbs DOES NOT WARRANT THE ACCURACY OF INFORMATION OBTAINED FROM THIS WEBSITE. THIS SITE MAY BE LINKED TO OTHER SITES WHICH ARE NOT MAINTAINED BY LianhuaHerbs. LianhuaHerbs IS NOT RESPONSIBLE FOR THE CONTENT OF THESE SITES. LianhuaHerbs DISCLAIMS ANY ENDORSMENT RELATING TO OR LIABILITY FOR A) LINKS TO ANOTHER WEBSITE FROM OURS OR B) LINKS FROM OUR WEBSITE TO ANOTHER. IT IS ENTIRELY THE USER’S RESPONSIBILITY TO ASSESS THE VIABILITY OF LianhuaHerbs PRODUCTS, ESPECIALLY AS THEY RELATE TO THE USER’S PERSONAL NEEDS. THE USER ASSUMES THE ENTIRE COST OF ALL SERVICES, REPAIRS, CORRECTIONS OR OTHERWISE THAY MAY ARISE FROM THE USE/MISUSE OF OUR WEBSITE AND ITS RELATED MATERIALS. YOUR JURISDICTION MAY NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OF CERTAIN TYPES OF DAMAGES. THUS, IT IS POSSIBLE THAT PORTIONS OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. ALL INFORMATION ON THIS WEBSITE, INCLUDING BUT NOT LIMITED TO THE TERMS OF USE, IS SUBJECT TO CHANGE WITHOUT NOTICE.

LIMITATION OF LIABILITY

By accessing this site, you hereby agree to release LianhuaHerbs, including its agents, representatives, employees, directors, officers, shareholders, affiliates, advisers, advertisers, promoters and third-party providers (hereinafter “affiliates”), from all damages, rights, claims, losses and actions that may arise from use of or inability to use this website and its related terms, conditions and materials. Under no circumstances, including negligence, will LianhuaHerbs or its affiliates be liable for any damages, including but not limited to statutory, indirect, special, incidental or consequential damages, that may arise from the use of, or inability to use, this website and its related terms, conditions and materials, even if LianhuaHerbs or its affiliates were advised as to the possibility of such damages, including but not limited to 1) injuries, damages and causes of action related to the use or misuse of LianhuaHerbs materials, 2) any errors associated with LianhuaHerbs materials, 3) technical malfunctions or failures of any kind that may result from accessing our website, 4) any delay, disruption or failure in course of transmission or business. Furthermore, the user hereby releases LianhuaHerbs and its affiliates from any third party action related to the use of (or inability to properly use or comply with) LianhuaHerbs.com and its related terms, conditions and materials.

MISCELLANEOUS

Purchaser acknowledges that it is not an agent of LianhuaHerbs and warrants that it neither has paid nor will pay anything of value to any government employee in connection with the resale of LianhuaHerbs products.

Terms & Conditions of Sale

Effective Date: April 2, 2010

Please review the following terms and conditions carefully, as they shall govern your (“Buyer”) order and purchase from LianhuaHerbs, wholly owned by Loyal Great International Ltd, (“Seller”):

If a product appears to be damaged and/or defective, or if an order appears to be non-conforming, in any way, Buyer shall either (a) notify Seller with particularity regarding the alleged damage and/or defect and/or non-conformity in writing within seventy-two business hours of receiving the disputed product and/or order; or (b) irrevocably accept said product(s), and thereby waive all rights and remedies in connection with the alleged damage and/or defect and/or non-conformity.
Buyer shall not hold Seller responsible for the performance of any product or any defect in a product’s manufacture, design, materials, workmanship, or packaging.
All purchases are final. No returns, exchanges, or refunds. Buyer may not cancel order for any reason.
If Seller cannot fulfill Buyer’s order for reasons beyond its control, the obligations of the Seller shall be suspended.
Buyer shall release, indemnify, defend, and hold harmless Seller – including Seller’s agents, representatives, employees, ventures, parents, subsidiaries, third-party providers, contactors, directors, joint ventures, executives, officers, shareholders, and advisers (Seller’s “affiliates”) – in connection with any actual or alleged injury, damage, loss, suit, cause of action, claim, award, liability, counterclaim, dispute, judgment, or expense (including reasonable attorneys fees, litigation costs, and consultancy fees), whether asserted by Buyer or a third party, that may arise from: (a) Buyer’s order/purchase; (b) any of the products included in Buyer’s order/purchase, including without limitation any actual or alleged injury, damage, loss, suit, cause of action, claim, award, liability, counterclaim, dispute, judgment, or expense that may arise from the use/misuse or function/malfunction of a product; (c) the fulfillment, shipment, and/or delivery of Buyer’s order/purchase; and/or (d) any other act or omission of Seller and/or its affiliates in connection with Buyer’s order/purchase.
Seller shall have the right to represent itself or obtain its own representation in connection with any actual or alleged injury, damage, loss, suit, cause of action, claim, award, liability, counterclaim, dispute, judgment, or expense that may arise from: (a) Buyer’s order/purchase; (b) any of the products included in Buyer’s order/purchase, including without limitation any actual or alleged injury, damage, loss, suit, cause of action, claim, award, liability, counterclaim, dispute, judgment, or expense that may arise from the use/misuse or function/malfunction of a product; (c) the fulfillment, shipment, and/or delivery of Buyer’s order/purchase; and/or (d) any other act or omission of Seller and/or its affiliates in connection with Buyer’s order/purchase. Seller’s decision to represent itself or obtain its own representation, as opposed to strictly using representation offered by Buyer or a third-party, shall in no way prejudice Seller regarding any of its rights under these Terms & Conditions of Sale, nor shall it relieve Buyer of any of Buyer’s obligations under these Terms & Conditions of Sale
Buyer shall assume the full cost and expense of any and all services, repairs, corrections, debts, liabilities, or otherwise that may arise from: a) Buyer’s order/purchase; (b) any of the products included in Buyer’s order/purchase, including without limitation any services, repairs, corrections, debts, liabilities, or otherwise that may arise from the use/misuse or function/malfunction of a product; (c) the fulfillment, shipment, and/or delivery of Buyer’s order/purchase; and/or (d) any other act or omission of Seller and/or its affiliates in connection with Buyer’s order/purchase.
Even if Seller and/or its affiliates were advised as to the possibility of damage(s), under no circumstances, including negligence, will Seller or its affiliates be liable for any penalties (including without limitation administrative and/or civil penalties) or damages – including but not limited to statutory, direct, indirect, special, incidental, consequential, special, and/or punitive damages – that may arise from: a) Buyer’s order/purchase; (b) any of the products included in Buyer’s order/purchase, including without limitation any damages or penalties that may arise from the use/misuse or function/malfunction of a product; (c) the fulfillment, shipment, and/or delivery of Buyer’s order/purchase; and/or (d) any other act or omission of Seller and/or its affiliates in connection with Buyer’s order/purchase. Buyer acknowledges and allows that, without limitation, Seller specifically disclaims any liability for: loss of profit and/or revenue; loss of use of products and/or any associated equipment; cost of capital, facilities, services, labor, and/or salaries; downtime, shut-down, and/or slowdown costs; spoilage of materials; and/or any other alleged economic loss.
These Terms & Conditions of Sale supersede any conflicting agreements or terms of agreement – however and whenever established – between Seller and Buyer. Seller rejects any term or condition of Buyer, however and whenever set forth, that conflicts with any term or condition herein listed. Buyer hereby agrees that any term or condition of Buyer, however and whenever set forth, that conflicts with any term or condition herein listed shall be void and of no force or effect.
Seller may, without liability, amend, suspend or cancel Buyer’s order/purchase without cause at any time. In the event that Seller cancels a portion of an order/purchase for which has Buyer already paid, Seller will refund Buyer that amount already paid – if need be, Buyer’s refund will be prorated to account for any portion of the order/purchase already fulfilled. If an amendment or suspension is of a significant magnitude, as determined solely by Seller, then Seller, in its sole discretion, may allow Buyer to revise or cancel its order.
Prices, products, and product design are subject to change at any time without notice. “Hold to Release” orders will be billed at prices in effect at time of shipment.
Compliance with anti-kickback laws: Invoice prices may be subject to a discount programs. If so, the value of the discount, and the products to which the discount applies, will be provided to Buyer by Seller in the ordinary course of business. It is Buyer’s responsibility to fully and accurately disclose such discount, among other requirements, in accordance with the Social Security Act § 1128B and its implementing regulations under 42 C.F.R. § 1001.952(h).
Any tax, interest, penalty, fee, or change of any nature whatsoever imposed by any government authority on or measured by the transaction between Buyer and Seller shall be paid by Buyer in addition to any prices quoted or invoiced. In the event that Seller is required to pay any such tax, fee, or charge, Buyer shall reimburse Seller for said payment.
Seller retains the right to solely decide, for any reason, whether to extend Buyer credit or demand from Buyer full payment on an order prior to delivery. If the Seller chooses to extend Buyer credit, Seller retains full control over the nature and terms of that credit extension and may demand payment in full at any time.
Past due invoices are subject to a service charge, calculated on the outstanding balance at the lesser of (a) the rate of two percent (2.0%) per month; or (b) the highest allowable rate by law.
Risk of loss of goods shall pass to Buyer upon the earlier of Seller’s delivery to the carrier or delivery into storage, regardless of (a) whether the transportation medium or storage facility is owned and/or operated by Seller and/or its affiliates; (b) whether Seller and/or its affiliates charges Buyer for storage; and (c) any agreed-upon freight terms b/w Seller and/or its affiliates and Buyer, whenever and however established.
Buyer will use any credit balance within 180 days of receiving that credit, or will otherwise forfeit said credit balance in its entirety.
Any claims for loss or damage in transit shall be made by Buyer directly against the carrier. Buyer agrees that Seller shall not be responsible for bringing or defending against any such claims.
All products are sold by Seller on an “as is” and “as available” basis, without warranties of any kind, express or implied. To the fullest extent permissible under law, Seller disclaims all warranties, express or implied, including without limitation implied warranty of merchantability, implied warranty of fitness for a particular purpose, and any other implied warranty that may arise from the course of dealing, usage, performance, or trade.
Seller does not warrant or make any representations regarding the use, efficacy, or results of the use of any product or group of products.
Seller handles private, financial, and otherwise sensitive information with the utmost level of security and care. However, Seller cannot and does guarantee that any transaction or transfer or storage of information is 100% secure; Seller therefore disclaims all liability in connection with any undesired usage of Buyer’s private, financial, or otherwise sensitive information.
It is entirely Buyer’s responsibility to assess the viability and appropriateness of each product ordered, particularly as it relates to the intended user’s specific needs.
Buyer shall hold confidential, and shall not without Seller’s express written consent use, copy or disclose – except to its personnel as necessary in the course of Buyer’s performance of its obligations in connection with Buyer’s order/purchase – any actual or potential designs, technical information, technical data, drawings, specifications, manufacturing processes, methods, terms and conditions, purchasing information, pricing information, product information (including without limitation product availability), shipping/delivery schedules and data, stratagem, ventures, partnerships, strategic relationships, trade secrets or other proprietary information and/or data that Seller and/or its affiliates has/have disclosed to Buyer. In addition, Buyer shall not – without Seller’s express written consent – advertise, publish or release any statement concerning Buyer, including without limitation any advertisement, publication, or statement regarding the fact that Seller has furnished or contracted to furnish Buyer with goods and/or services.
Seller and its affiliates reserve the right to bring any claim, dispute, cause of action, disagreement or legal proceeding in any court of competent jurisdiction. Buyer agrees that any claim, dispute, cause of action, disagreement or legal proceeding against Seller and/or its affiliates must commence within one year after the cause of action arises and shall be submitted exclusively to the jurisdiction of a state or federal court located in San Francisco, California. Buyer hereby agrees to submit to the personal jurisdiction of the courts located within San Francisco, California for the purpose of litigating any claim, dispute, cause of action, disagreement or legal proceeding that may arise from: a) Buyer’s order/purchase; (b) any of the products included in Buyer’s order/purchase, including without limitation any claim, dispute, cause of action, disagreement or legal that may arise from the use/misuse or function/malfunction of a product; (c) the fulfillment, shipment, and/or delivery of Buyer’s order/purchase; and/or (d) any other act or omission of Seller and/or its affiliates in connection with Buyer’s order/purchase. Moreover, all matters concerning Buyer’s order/purchase shall be governed in all respects by the laws of the State of California as they apply to agreements entered into, to be performed in, and/or performed entirely within California between California residents. Buyer hereby waives any claims, rights, or arguments regarding conflict of law and hereby agrees that any conflicting choice of law provision, whenever and however set forth, shall be of no force or effect.
Any failure by Seller to require Buyer’s strict adherence to any term herein shall in no manner be construed as a waiver of any rights, nor shall such a failure be construed to remove or dilute the effect of any term, condition, or requirement.
Seller reserves a security interest in the product(s) sold as part of Buyer’s order/purchase and proceeds to secure the purchase price of said goods.
Buyer may not assign, delegate, or transfer its rights and responsibilities in connection with Buyer’s order/purchase unless Buyer receives Seller’s prior express written consent. Any purported assignment, delegation, or transfer – however and whenever attempted – shall be void, and shall have no force or effect.
No modification of these Terms & Conditions of Sale shall be valid unless committed to writing and signed by both Buyer and Seller.
If any of the terms herein shall be held unenforceable, the remainder of the terms herein shall nevertheless remain in full force and effect. Buyer’s jurisdiction may not allow the disclaimer of certain warranties or limitations of certain types of damages. Thus, it is possible that portions of the above may not apply to Buyer; however, the limitation or exclusion of a particular disclaimer or limitation shall in no manner impact any other provision herein, nor shall it affect the validity or force of that limitation or disclaimer in other jurisdictions
MANDATORY ARBITRATION OF CLAIMS.Buyer and Seller acknowledge and agree that any and all claims, disputes, suits, matters, and controversies between Buyer and Seller arising out of or relating to Seller, our services(including, without limitation, our website and all content and materials therein appearing), any product offered and/or sold by Seller, our Terms of Use, our Terms of Sale, and any other agreement Buyer may have formed with Seller shall be settled exclusively and finally by arbitration, and thatBuyer is hereby waiving Buyer’s right to seek relief in a court of law, including waiver of Buyer’s right to a trial by jury or a judge. To the extent legally permitted, each party shall advance its own costs, expenses, and fees in an arbitration hereunder. Arbitration shall be conducted by the American Arbitration Association (“AAA”) in accordance with the AAA Consumer Arbitration Rules and before a single, neutral arbitrator to be mutually selected by the parties. To the extent permitted by the arbitrator, the arbitrator will conduct any hearings by telephonic or video conference appearance, rather than in-person. Any award rendered in an arbitration proceeding hereunder shall be final and binding on each of the parties, and judgment may be entered thereon in any court of competent jurisdiction. This agreement to arbitrate shall be enforceable under and subject to the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq.
CLASS ACTION WAIVER.Buyer acknowledges and agrees that Buyer may only pursue a claim, dispute, suit, matter, and/or controversy arising out of or relating to Seller, our services (including, without limitation, our website and all content and materials therein appearing), any product offered and/or sold by Seller, our Terms of Use, our Terms of Sale, and any other agreement Buyer may have formed with Seller in an individual capacity. Buyer agrees thatBuyer shall not be involved with any class or representative proceeding – or otherwise participate as a lead plaintiff or class member, in a putative or certified class – involving any claim, proceeding, action, controversy, and/or dispute arising out of or relating to Seller, our services (including, without limitation, our website and all content and materials therein appearing), any product offered and/or sold by Seller, our Terms of Use, our Terms of Sale, and any other agreement Buyer may have formed with Seller.
Shipments may be subject to duties and taxes. Buyer agrees that paying any duties or taxes is the sole responsibility of the Buyer. Seller is not responsible for any delay in shipment or requirement to ensure products are released from any government or customs holding.
Force Majeure:Notwithstanding anything to the contrary contained herein, the Seller shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, virus outbreak, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

TERMS & CONDITIONS OF RECEIPT AND SHIPPING

Please note that these Terms & Conditions of Receipt contain a mandatory binding arbitration clause and class action waiver in Section 9. These provisions require that you waive your right to seek relief in a court of law and your right to have any disputes decided by a judge or a jury – and, instead, engage in binding arbitration on an individual basis.

By authorizing and/or accepting the receipt of one or more product(s), you (meaning the individual who received the product(s), as well as any person or entity on whose behalf and/or for whose benefit you were acting) hereby acknowledge and agree to the following.

All sales are final. With exception of products which are damaged, defective and/or non-confirming, Loyal Great International Ltd (“LianhuaHerbs,” “we,” “us,” “our”) permits no returns or exchanges and issues no refunds or credits.
All liability and responsibility for the products herewith provided is F.O.B. Origin.
You covenant that neither you nor any recipient of a product shipped with these terms and conditions shall directly or indirectly encourage, incite, support, or engage in the resale of any LianhuaHerbs products, including but not limited to the product(s) to which this order relates.
You acknowledge and agree that no respirator, face mask, glove, eyewear, coverall, wipe, gel, or other product sold by LianhuaHerbs is 100% effective in preventing exposure to or the spread of germs, diseases, microbes, pathogens, droplets, particles, toxins, and other contaminants. You acknowledge and agree that LianhuaHerbs makes no guarantees or promises regarding the use or results of any product we offer for sale and/or provide, and our website and other media properties do not intend to convey such a representation; we cannot and do not promise that our products will keep you safe from exposure and free from harm. You are solely responsible for taking reasonable steps to make proper usage of LianhuaHerbs products; LianhuaHerbs is not responsible for your failure to properly use one or more of the products we offer for sale. You covenant that you will provide this information to any and all recipients of the products to which this order relates.
You acknowledge and agree that LianhuaHerbs does not design or manufacture any of the products it sells. While LianhuaHerbs takes commercially reasonable measures to ensure that its products are safely stored, packed, and placed into shipment, you recognize and agree that we make no representations regarding the existence or nature of any manufacturing defects or design defects with the respect to any product; you agree that such defects are beyond our control, and that you shall not hold LianhuaHerbs liable or responsible for any claims, causes of action, or controversies arising out and/or relating to a defect in the design and/or manufacturing of any product sold by LianhuaHerbs. You are hereby advised to carefully inspect any product you purchase from LianhuaHerbs – and to refrain from usage and immediately contact us if you encounter any suspected or actual damage or defect with respect to the product(s) herein contained.
TO THE FULLEST EXTENT ALLOWED BY LAW, LianhuaHerbs PROVIDES ALL PRODUCTS ON AN “AS IS,” “WITH ALL FAULTS”, AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT ALLOWED BY LAW, LianhuaHerbs DISCLAIMS ALL IMPLIED WARRANTIES THAT MAY ARISE IN CONNECTION WITH OUR PRODUCTS – INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND INFRINGEMENT, AS WELL AS ANY OTHER IMPLIED WARRANTY THAT MAY ARISE FROM THE COURSE OF DEALING, USAGE, PERFORMANCE OR TRADE. Insofar as a manufacturer and/or supplier of an Item offers a warranty as to said Item, these Terms & Conditions are not intended to void, invalidate, or otherwise diminish the effect of that warranty except insofar as the warranty renders Seller liable with respect to the Item. You acknowledge and agree that all matters relating to any manufacturer or supplier warranty run strictly between you and the manufacturer/supplier or its designee; Seller hold no liability or responsibility with respect to any disputes, controversies, and/or claims involving any third-party warranty issues or related matters.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU HEREBY AGREE, ON BEHALF OF YOURSELF, AS WELL AS YOUR EXECUTORS, ADMINISTRATORS, HEIRS AND ASSIGNS, TO FULLY AND UNCONDITIONALLY RELEASE LianhuaHerbs AND ITS AFFILIATES FROM ANY AND ALL DIRECT, INDIRECT, STATUTORY, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, RELIANCE AND/OR PUNITIVE DAMAGES – TO PROPERTY OR BODY – WHICH ARISE OUT OF AND/OR RELATE TO THE USE AND/OR MISUSE OF ONE OR MORE PRODUCTS OFFERED FOR SALE BY LianhuaHerbs. TO THE EXTENT PERMITTED BY LAW, THIS CLAUSE EMBRACES, BUT IS NOT LIMITED TO, A FULL AND UNCONDITIONAL RELEASE FROM: LOST PROFITS; LOST REVENUE; LOSS OF OPPORTUNITY; DELAY; HARM TO REPUTATION; LOSS OF USE OF SERVICES, AN ITEM, OR ANY ASSOCIATED PRODUCTS OR SERVICES; INTERRUPTION OF BUSINESS; COST OF CAPITAL, FACILITIES, SERVICES, LABOR, AND/OR SALARIES; DOWNTIME, SHUTDOWN, AND/OR SLOW-DOWN COSTS; SPOILAGE OF MATERIALS; INACCURACY, DESTRUCTION, AND/OR LOSS OF ANY DATA; ANY DAMAGES MULTIPLIER, INCLUDING, BUT NOT LIMITED TO, ANY PROVISION AT LAW FOR DOUBLE OR TREBLE DAMAGES; ATTORNEY FEES; LITIGATION COSTS; THE COST OF SUBSTITUTE SERVICES; ANY ADDITIONAL PENALTIES (INCLUDING, WITHOUT LIMITATION, ADMINISTRATIVE AND/OR CIVIL PENALTIES); AND ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, RELIANCE AND/OR PUNITIVE DAMAGES – EVEN IF LianhuaHerbs AND/OR ITS AFFILIATES WERE ADVISED AS TO THE POSSIBILITY OF SUCH. INSOFAR AS IT IS LEGALLY PERMITTED, THIS CLAUSE (A) APPLIES REGARDLESS OF WHETHER THE MATTER (A) IMPLICATES NEGLIGENCE, INTENTIONAL CONDUCT, STRICT LIABILITY, OR OTHERWISE; AND/OR (B) INVOLVES A STATUTORY, TORT, CONTRACTUAL AND/OR OTHER DISPUTE. TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE MAXIMUM AGGREGATE LIABILITY FOR DAMAGES, HARMS, LOSSES, COSTS, FEES, EXPENSES, PENALTIES, AND FINES ARISING OUT OF OR RELATING TO LianhuaHerbs, OUR AFFILIATES, OUR MEDIA PROPERTIES (INCLUDING BUT NOT LIMITED TO LianhuaQingwen.org, AND THE PRODUCTS WE OFFER FOR SALE, SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT PAID TO PURCHASE THE SUBJECT PRODUCT(S) (INCLUDING ANY SHIPPING, DELIVERY, PICKUP, AND RETURN COSTS) OR (B) $18.00; UNDER NO CIRCUMSTANCES SHALL LianhuaHerbs BE RESPONSIBLE FOR INDIRECT, STATUTORY, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, RELIANCE AND/OR PUNITIVE DAMAGES – TO PROPERTY OR BODY – WHICH ARISE OUT OF AND/OR RELATE TO THE AVAILABILITY, PURCHASE, SALE, SHIPMENT, DELIVERY, QUALITY, EFFICACY, USE, AND/OR MISUSE OF ONE OR MORE PRODUCTS OFFERED FOR SALE BY LianhuaQingwen.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD LianhuaHerbs AND ITS AFFILIATES HARMLESSIN CONNECTION WITH ANY AND ALL THIRD PARTY DISPUTES, CONTROVERSIES, AND CLAIMS FOR DAMAGES, HARMS, DEBTS, LOSSES, LIABILITIES, STATUTORY REMEDIES, FINES, FEES, COSTS AND EXPENSES AND/OR PENALTIES ARISING OUT OF OR RELATING TO YOUR: PURCHASE OF OUR PRODUCTS AND/OR SERVICES; PROVISION OF OUR PRODUCTS TO A THIRD PARTY; USE OF OUR PRODUCTS AND/OR SERVICES AND/OR ACTS AND/OR OMISSIONS IN CONNECTION WITH OUR PRODUCTS AND/OR SERVICES, EXCEPT WITH RESPECT TO ACTS AND/OR OMISSIONS RESULTING FROM LianhuaHerbs’S SOLE NEGLIGENCE, RECKLESSNESS, KNOWING INTENT, OR STRICT LIABILITY; THIS INDEMNIFICATION PROVISION INCLUDES, WITHOUT LIMITATION, DISPUTES, CLAIMS, AND CONTROVERSIES ARISING OUT OF AND/OR RELATING TO ONE OR MORE PRODUCT(S) THAT YOU HAVE PURCHASED FROM LianhuaHerbs, AS WELL AS THE USE/MISUSE SUCH A PRODUCT BY YOURSELF AND/OR ANY PERSON TO WHOM YOU PROVIDED SUCH A PRODUCT. YOU ACKNOWLEDGE AND AGREE THAT LianhuaHerbs AND ITS AFFILIATES RESERVE THE EXCLUSIVE RIGHT TO CONTROL THE DEFENSE, SETTLEMENT, AND SELECTION OF COUNSEL IN CONNECTION WITH ANY CLAIM, DISPUTE, OR CONTROVERSY FOR WHICH YOU ARE BOUND TO PROVIDE INDEMNIFICATION BY THIS CLAUSE OR ANY OTHER TERM OR CONDITION.
You acknowledge and agree that any and all claims, disputes, suits, matters, and controversies between you and LianhuaHerbs arising out of or relating to LianhuaHerbs, our services (including, without limitation, our website and all content and materials therein appearing), any product offered and/or sold by LianhuaHerbs, our Terms of Use, our Terms of Sale, and any other agreement you may have formed with LianhuaHerbs shall be settled exclusively and finally by arbitration, and that you are hereby waiving your right to seek relief in a court of law, including waiver of your right to a trial by jury or a judge. To the extent legally permitted, each party shall advance its own costs, expenses, and fees in an arbitration hereunder. Arbitration shall be conducted by the American Arbitration Association (“AAA”) in accordance with the AAA Consumer Arbitration Rules and before a single, neutral arbitrator to be mutually selected by the parties. To the extent permitted by the arbitrator, the arbitrator will conduct any hearings by telephonic or video conference appearance, rather than in-person. Any award rendered in an arbitration proceeding hereunder shall be final and binding on each of the parties, and judgment may be entered thereon in any court of competent jurisdiction. This agreement to arbitrate shall be enforceable under and subject to the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq. You further acknowledge and agree that you may only pursue a claim, dispute, suit, matter, and/or controversy arising out of or relating to LianhuaQingwen, our services (including, without limitation, our website and all content and materials therein appearing), any product offered and/or sold by LianhuaQingwen, our Terms of Use, our Terms of Sale, and any other agreement you may have formed with LianhuaQingwen in an individual capacity. You agree that youshall not be involved with any class or representative proceeding– or otherwise participate as a lead plaintiff or class member, in a putative or certified class – involving any claim, proceeding, action, controversy, and/or dispute arising out of or relating to LianhuaQingwen, our services (including, without limitation, our website and all content and materials therein appearing), any product offered and/or sold by LianhuaQingwen, our Terms of Use, our Terms of Sale, and any other agreement you may have formed with LianhuaQingwen.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL YOU SEEK TO ENJOIN OR RESTRAIN LianhuaHerbs OR ANY OF ITS AFFILIATES FROM PROVIDING SERVICES, INCLUDING, WITHOUT LIMITATION, OPERATING THE WEBSITE LianhuaQingwen.org, SELLING PRODUCTS, AND/OR STAYING IN TOUCH WITH OUR COMMUNITY AT LARGE. YOU ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY LAW, YOU ARE NOT ENTITLED TO INJUNCTIVE RELIEF, RESCISSIONS, OR ANY OTHER EQUITABLE REMEDY IN CONNECTION WITH THESE TERMS & CONDITIONS AND ANY AGREEMENT HERETO RELATING, EXCEPT THAT AN ARBITRATOR MAY AWARD INJUNCTIVE RELIEF OR REQUIRE SPECIFIC PERFORMANCE, BUT ONLY THE EXTENT NECESSARY TO RESOLVE YOUR INDIVIDUAL CLAIM(S).
This Agreement will be binding on your heirs, assigns, administrators, and other legal represents, and shall inure to the benefit for LianhuaQingwen and any of its successors and/or assigns.

12.You acknowledge and agree that LianhuaQingwen shall hold no liability or responsibility for any harm, damages, penalties, losses, costs, expenses, fees, or issues that result from factors beyond the scope of our reasonable control. This includes without limitation, acts of God, weather, the shutdown of carriers, transportation, and/or utilities, strikes and protests, health crises and/or pandemic illnesses, acts of warfare and/or terrorism, and actions taken by government agencies.

If any of the terms and conditions herein – or any portion(s) of any terms or conditions – are held unenforceable, the impact of that unenforceability (i.e. limitation or exclusion of terms) will be construed as narrowly as possible to the extent permitted by law; moreover, the remainder of the terms & conditions herein – and all other portions thereof – shall nevertheless remain in full force and effect to the extent legally permissible. YOUR JURISDICTION MAY NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR LIMITATIONS OF CERTAIN TYPES OF DAMAGES. THUS, IT IS POSSIBLE THAT PORTIONS OF THESE TERMS AND CONDITIONS MAY NOT APPLY TO YOU. However, the limitation or exclusion of a particular disclaimer, restriction, limitation, term, or condition shall, in no manner, impact any other provision herein, nor shall it affect the validity or force of that disclaimer, restriction, limitation, term, or condition in other jurisdictions, to the extent allowed by law. You acknowledge that the disclaimers and limitations herein specified cannot and shall not be construed to preclude you from exercising your legal rights to seek relief pursuant to an otherwise applicable consumer protection statute. If you are a consumer who resides in the State of New Jersey, many of these disclaimers and limitations do not apply to you and have no impact on your rights or remedies; this includes limitations of liability and damages with respect to any statutory, special, exemplary punitive, indirect, incidental, consequential, and reliance damages, to the extent such limitations of liability are unenforceable under state law.
You acknowledge and agree that any failure by either party to require the other’s strict adherence to any term or condition herein shall, in no manner, be construed as a waiver of any right by that party, nor shall such a failure be construed to remove or dilute the effect of any term, condition, or requirement herein stated.
You acknowledge agree that LianhuaHerbs reserves the right to correct any errors or mistakes that it makes during the course of charging a purchase of one or more product, even if it has already requested or received payment; this includes, without limitation, mistakes as to the availability of an Item, as well as overcharges and undercharges on the pricing of an Item or shipping/delivery costs.
Insofar as these Terms & Conditions include any errors or ambiguities related to spelling, grammar, or syntax – or any other clear errors or ambiguities – these errors and ambiguities shall be construed to reflect the intent of the parties.
These Terms & Conditions of Receipt – taken with the Terms of Use on our website (LianhuaQingwen.org) – represent the entire agreement between you and LianhuaHerbs with respect to your access to, and use of our Services, including, without limitation, your purchase of one or more Item(s) from LianhuaHerbs. These Terms & Conditions of Receipt supersede any conflicting agreements or terms or conditions – however and whenever established – between you and LianhuaHerbs, unless LianhuaHerbs explicitly states otherwise in a signed writing, and we reject any term or condition, however and whenever set forth, that conflicts with any term or condition herein listed. You hereby agree that any term or condition you set forth, however and whenever set forth, that conflicts with any term or condition herein listed, shall be void and of no force or effect, regardless of any statement or indication to the contrary, unless LianhuaHerbs explicitly states otherwise in a signed writing. In the event of any explicit conflict between these Terms & Conditions of Receipt and the Terms of Use set forth at LianhuaQingwen.org, these Terms & Conditions of Receipt shall control.
You hereby represent that you are of sound mind and body – and in possession of full rights and authorization – to agree to all terms and conditions herein specified. You covenant that any individual (or any parent or legal guardian, where applicable) who is furnished with one or more products that is included with this shipment will be provided with a copy of these terms and conditions and required to provide her/his prior express written consent to all applicable terms and conditions herein specified, taking on the same obligations as though this end user was you. ACCORDINGLY, YOU AGREE TO ASSUME ALL DEBTS, OBLIGATIONS, AND LIABILITIES, ARISING OUT AND/OR RELATING TO ANY THIRD PARTY TO WHOM YOU FURNISHED ONE OR MORE PRODUCTS THAT YOU PURCHASED FROM LianhuaHerbs.