Kan Herb Company

The information, products and services made available by Kan Herb Company are not intended for use in the diagnosis or treatment of any health condition or as a substitute for consulting a licensed healthcare professional. Kan Herb Company does not represent, warrant or guarantee that any of its products or services will diagnose, treat, cure, mitigate or prevent any medical condition or disease.

These are the Terms and Conditions that govern your access and use of kanherb.com and if you qualify, the purchase and use of products and services made available from time to time on the site by the Kan Herb Company. Please review these Terms and Conditions carefully and check back periodically to see if there have been any changes.

You acknowledge and agree that each time you proceed to access and use this site, you agree to abide by these Terms and Conditions. Your act of proceeding to access and use this site will constitute an "electronic signature" indicating your agreement to these Terms and Conditions for all access and use of the site. See the Section below entitled "Electronic Signature and Consent to Electronic Records."

If at any time you do not agree to these Terms and Conditions, please exit the website and do not proceed to access and use the site..

Kan Herb Company respects your privacy. Please review our Privacy and Security Statement. Kan Herb Company reserves the right to monitor and investigate all use of this site for violations of law and/or violations of these Terms and Conditions without notice to you.

You may access and use kanherb.com only for the lawful commercial purposes intended by Kan Herb Company in providing the site. Any unauthorized access or use of any portion of this site, its content, data, computers or networks, or interference with any operation of the site, or interception of any communication from or to the site, or any attempt to do one or more of these or other unauthorized or unlawful acts -- is strictly prohibited.

All business transactions, including but not limited to product and service offerings, orders and purchases, applications, registrations, memberships, programs and other activities made available via the kanherb.com site shall be subject to these Terms and Conditions and all such other specific terms and conditions as are expressly set forth on the site, in price lists and sales and advertising materials, as provided from time to time by Kan Herb Company.

Kan Herb Company produces quality products to be sold to Healthcare practitioners only. We believe that maintaining good health takes more than just buying a product from the shelves of a local merchant or from a website retailer that makes products available to the general public. Kan Herb Company does not promote or accept this kind of selling.

We believe that supporting the health of each and every individual is better served when a learned intermediary is involved. This is why we ourselves only sell to Healthcare practitioners and we expect these practitioners to in turn only resell our products to individuals with whom that have entered into a relationship for the purpose of supporting that individual's health , which also includes physically seeing each individual in a one on one session. Kan Herb Company does not sell its products to practitioners that in term resells products in an unrestricted manner, and to anyone that wants to order them over a website or at a Health Food store.

Kan Herb Company products may only be purchased by qualified healthcare practitioners, qualified healthcare students, qualified healthcare facilities (e.g., pharmacies, medical clinics and hospitals) and consumers having a distribution issued by a qualified healthcare practitioner. Other restrictions may apply. Questions about qualifications should be directed to Kan Herb Company at customer@kanherb.com or by calling 1-800-543-5233.

You may resell products purchased on this site only if you are a qualified healthcare practitioner, qualified healthcare student, or qualified healthcare facility described in the immediately preceding paragraph (a "Qualified Reseller"). If you are a Qualified Reseller, you may resell products purchased on this site only to consumers whom you have physically seen, and with whom you have entered into a business relationship for the purpose of assisting them on health related matters. The purpose of these business relationships must extend beyond selling our products to these consumers.

You also agree that all products purchased on this site are to be resold exclusively to consumers that you have physically seen and with whom you have entered into a business relationship for the purpose of assisting them on health related matters and that must be beyond the selling of our products to them.

You agree that all information provided by you to Kan Herb Company will be accurate and truthful.

You agree that you will notify Kan Herb Company of any changes to your personal information as they occur and, if applicable, any change to your certification that may affect your qualification to conduct business with or purchase products from Kan Herb Company or to prescribe the purchase of Kan Herb Products by others.

Kan Herb Company reserves the right to limit, suspend and/or terminate access and use of the kanherb.com site (in whole or in part) by any or all persons and entities at any time without notice and for no reason stated, as Kan Herb Company may decide in its sole discretion.

Kan Herb Company reserves the right to add, modify, substitute, suspend or discontinue product or service offerings at any time without notice and for no reason stated, as Kan Herb Company may decide in its sole discretion. .

BEFORE YOU CONSUME A KAN HERB COMPANY PRODUCT, YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO CONSULT WITH A QUALIFIED HEALTHCARE PROFESSIONAL REGARDING THE APPLICATION, USE, HEALTH, SAFETY AND/OR EFFECTIVENESS OF ANY DIETARY SUPPLEMENT OR OTHER HERBAL/BOTONICAL PRODUCTS OR INFORMATION AND INSTRUCTIONS PERTAINING THERETO.

You acknowledge and agree that the application, use of any dietary supplement product (including but not limited to herbal and other botanical products), involves UNFORESEEABLE RISKS AND UNCERTAINTIES, including without limitation, THE RISKS OF:

YOU AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS KAN HERB COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES AND SPONSORS, AND THEIR SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CAUSES OF ACTION AND CONSEQUENCES, LIABILITY, LOSSES AND/OR DAMAGES (INCLUDING BUT NOT LIMITED TO PERSONAL INJURY TO YOU OR OTHERS) ARISING FROM OR RELATED TO THE APPLICATION OR USE (OR MISUSE) OF ANY INFORMATION OR PRODUCTS OBTAINED BY YOU, DIRECTLY OR INDIRECTLY, FROM KAN HERB COMPANY, ITS AFFILIATES, REPRESENTATIVES, SPONSORS AND/OR SUPPLIERS.

BEFORE YOU PRESCRIBE OR PROVIDE ANY KAN HERB COMPANY PRODUCT TO ANOTHER, YOU AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS KAN HERB COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES AND SPONSORS, AND THEIR SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CAUSES OF ACTION AND CONSEQUENCES, LIABILITY, LOSSES AND/OR DAMAGES (INCLUDING BUT NOT LIMITED TO PERSONAL INJURY TO PATIENTS OR OTHERS) ARISING FROM OR RELATED TO THE APPLICATION OR USE (OR MISUSE) OF ANY KAN HERB COMPANY PRODUCT PRESCRIBED BY YOU OR PROVIDED BY YOU TO ANOTHER.

EXCEPT AS EXPRESSLY SET FORTH IN WRITING BY KAN HERB COMPANY, THIS SITE, THE CONTENTS OF THIS SITE AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. KAN HERB COMPANY EXPRESSLY DISCLAIMS ALL IMPLIED REPRESENTATIONS AND WARRANTIES OF ANY KIND WITH REGARD TO THE ACCESS AND USE OF THIS SITE AND ALL PRODUCTS, SERVICES AND INFORMATION MADE AVAILABLE THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE AND NON-INFRINGEMENT. Some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to you. Check your local laws.

KAN HERB COMPANY FUTHER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO PRODUCT DESCRIPTIONS AND INGREDIENTS, RECOMMENDATIONS OF HEALTHCARE PROFESSIONALS, AND PRODUCT USE, SAFETY AND/OR EFFECTIVENESS.

Despite commercially reasonable efforts:

NEITHER KAN HERB COMPANY NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AFFILIATES, SPONSORS, VENDORS OR ANY OTHER PARTY INVOLVED IN PROVIDING THIS WEBSITE, ITS CONTENT AND PRODUCTS AND SERVICES SHALL BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE, ARISING OUT OF OR RELATED TO THE ACCESS, USE OF (OR INABILITY TO ACCESS OR USE) THIS WEBSITE OR ANY PRODUCT OR SERVICE MADE AVAILABLE VIA THIS SITE BY KAN HERB COMPANY OR ITS BUSINESS AFFILIATES..

KAN HERB COMPANY ASSUMES NO LIABILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, PERSONALLY INJURY, LOSS OF CONSORTIUM, AND CLAIMS OF THIRD PARTIES. IN THE EVENT A COURT OF COMPETENT JURISDICTION SHOULD FIND AND ALLOCATE LIABILITY FOR ANY REASON, IN NO EVENT SHALL KAN HERB COMPANY'S TOTAL LIABILITY TO YOU, OR ANYONE CLAIMING BY OR THROUGH YOU, FOR ANY DAMAGES, LOSSES, CLAIMS AND/OR CAUSES OF ACTION, REGARDLESS OF LEGAL THEORY, EXCEED ONE HUNDRED DOLLARS ($100).

Site and Content. This website and its contents belong exclusively to Kan Herb Company, its sponsors, business affiliates and their respective licensors. This website and its contents are protected by U.S. and International copyright laws. Any unauthorized copying, distributing, publishing, modification, alteration, display, sale, license or use of the contents of this site, in whole or in part, is strictly prohibited. You may copy limited content from this site for non-public, non-commercial personal use or educational use only, provided that each copy includes any copyright, trademark or other proprietary notice as it appears without modification or alteration by you.

Trademarks. The trade names, trademarks, service marks, logos, slogans, characters and other designations of origin or affiliation (collectively "Trademarks") displayed on this website belong to Kan Herb Company, its sponsors, business affiliates and their respective licensors or other owners. Nothing contained on this website shall be construed as granting or conveying any interest, license or right to use or own any Trademark. Any unauthorized use/misuse of the Trademarks, in whole or in part, is strictly prohibited.

Submissions. Any communication, information or material (including but not limited to any suggestion, idea, concept, or data) that is submitted to Kan Herb Company at this site, by e-mail, by phone, by written correspondence or otherwise (each a "Submission") is non-confidential and becomes the sole and exclusive property of Kan Herb Company. Kan Herb Company is free to dispose, reproduce and/or use any Submission without restriction, for any purpose whatsoever, including but not limited to, developing, manufacturing, advertising, marketing and sale of products or services. Any Submission is without payment or compensation to you or any other party. By making a Submission, you warrant that the Submission is not offensive, obscene or defamatory, and that Kan Herb Company's use of the Submission (as submitted) will not violate any third party's rights. Kan Herb Company is under no obligation to accept, respond to or use any Submission.

As a matter of convenience to visitors, this site may contain links to other third party websites (i.e., sites not owned or controlled by Kan Herb Company). No link to another website shall imply any endorsement or sponsorship of the third party website, its owner or operator, or any products or services. Kan Herb Company is not responsible for the content of or any links contained on any other website. Your access and use of any other website is entirely at your own risk. Under no circumstances will Kan Herb Company be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to be caused to you or a third party in connection with your use of, or reliance on, any content, goods or services available on any other site.

Kan Herb Company does not generally object to links to the home page of kanherb.com from third-party sites. However, absent an express written agreement to the contrary, all third-party links to the home page of this site must be in accordance with the following terms and conditions. A third party link may only link to the home page of this site using the plain text version of the Kan Herb Company name ("Kan Herb Company") or the plain text version of the site name ("kanherb.com"). No content from this site may be incorporated into the third party site by any means (e.g., by in-lining or framing); (b) No Trademark of Kan Herb Company may be used as any "meta tag," "title tag," or in any source code or used in any other way for identification and use by search engines or other information location tools to identify and select websites or pages. Kan Herb Company will not agree to or tolerate links from any obscene, scandalous, profane, defamatory or unlawful sites, or any site that may adversely affect the name, reputation and goodwill of Kan Herb Company and its products, as Kan Herb Company shall determine in its sole discretion. Kan Herb Company reserves the right to cancel permission to link to this site at any time, for any reason, in its sole discretion.

Kan Herb Company product and service offerings, promotions, materials, and content appearing on this website are intended for customers located in the United States only. Kan Herb Company makes no representation that products, services, promotions, materials, offers, information and other content on this site are appropriate or available for purchase and use in locations outside the United States.

These Terms and Conditions will be governed and construed in accordance with the laws of the State of California without regard to conflict of laws principles. You agree that any action at law or in equity that arises out of or relates to these Terms and Conditions and/or the access and use of this site or any product or service offerings in connection with this site will be brought only in a court of competent jurisdiction located in Santa Clara County, California.

These Terms and Conditions (and all such other specific terms and conditions as are expressly set forth on the site, in price lists, and in sales and advertising materials) represent the entire understanding between you and Kan Herb Company regarding the access and use of this site, its content and related products and services. Unless expressly agreed to in a signed writing by Kan Herb Company, these Terms and Conditions shall prevail over any other conflicting or additional communication between you and Kan Herb Company or its representatives, affiliates, sponsors and vendors.

Severability. Should a court of competent jurisdiction deem any provision of these Terms and Conditions void and/or unenforceable, the void and/or unenforceable provision shall be severed to the extent necessary and the remainder of the Terms and Conditions shall remain valid and enforceable to the maximum extent permitted by law.

Amendments. Kan Herb Company reserves the right to revise the content and information of this site, these Terms and Conditions, or any part thereof, without notice, by merely updating the site and this posting, respectively.

Waiver. No term or condition may be waived by any party except in writing signed by the party to be bound.

Headings. The section and paragraph headings in this document are provided for convenience only and shall not be used in the interpretation or construction of any provision of these Terms and Conditions.

You agree that your electronic signature, these Terms and Conditions and any records relating to any and all transactions concerning you may be provided and maintained solely in electronic form and that each may not be denied legal effect, validity, or enforceability solely because each is in electronic form or solely because an electronic signature or electronic record was used in their formation.

If you do not consent to the use of electronic records, do not proceed to access and use the site for any transaction or other activity which may requires the completion or formation of an electronic record to confirm or carry out the transaction or activity.

Withdrawing Consent or Updating Electronic Records: If you wish to withdraw your consent to the use of electronic records or you wish to update your records, please contact the Kan Herb Company at customer@kanherb.com or by calling 1-800-543-5233. Withdrawing your consent to the use of electronic records will result in the termination of your right to conduct transactions or engage in activities on this site that require the completion or formation of an electronic record.

Computer System Requirements: To access and use this site, Kan Herb Company recommends the following minimum system configuration: Pentium® II 200 MHz processor, 64 MB RAM, 10 MB of available hard disk drive storage capacity, Windows 98SE operating system with Internet Explorer v6.0, 800x600 video display at 256 colors, a 56k modem, and a standard ink jet computer printer.

You acknowledge that you have the opportunity and capability to print these Terms and Conditions at any time by accessing them online and printing them on a computer with the capability of accessing the site and printing from the site.

You acknowledge that you have the opportunity and capability to print and store electronic communications ("email") and agree that you should print for your record keeping any email received that confirms a transaction, registration or other online activity related to the Kan Herb Company site.

Printed Copy: To obtain a printed copy of an electronic record, please contact the Kan Herb Company at the above-identified contact address or phone number. The Kan Herb Company will accommodate all reasonable requests for a printed copy of electronic records. The Kan Herb Company reserves the right to charge a reasonable administrative fee to cover the associated costs of providing a printed copy.

Copyright 2013 Kan Herb Company. All rights reserved.