Policies & Terms of Service

This page contains current Privacy and Security Policies for OzarkHerbalist.com [hereafter referred to as "Ozark Herbalist LLC"] as well as our Terms of Service (TOS). By using this web site and/or the products and services provided by Ozark Herbalist LLC, you are agreeing to be bound by the following policies, terms and conditions.

Summary

Ozark Herbalist LLC reserves the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently, this web site (or any portion thereof) and/or the information, materials, products and/or services available through this web site (or any part thereof) with or without notice. All visitors must agree that Ozark Herbalist LLC shall not be liable to them or to any third party for any such modification, editing, deletion, suspension, or discontinuance of this web site.

Access to and use of this web site and the information, materials, products and services available through this site are subject to all applicable laws and regulations posted below in the Terms of Service.

By accessing this web site, you agree to all of our policies which form a legally binding agreement. If you do not agree, please exit this site.

All posted policies may be changed by us from time to time without specific notice to you. The latest policies will be posted on this page, and you should always review them prior to using the site to ensure that you have a current understanding of the policies under which you are permitted to access this web site. If you cannot access our policies via the Internet, we can provide a copy of the most recent policies by email upon request.

Privacy

Our interest is to protect your privacy and we will not provide any information you may furnish us with anyone outside of our company, nor to any third party unless required by law. We will not sell or disclose any information to telemarketing or any other parties or companies.

We only use information from our email lists to alert our customers of special offers and/or seasonal promotions. It does include an "opt out" response link that will prevent any future mailings, if you are not interested in receiving these offers or promotions.

Our business objective is to provide our customers with superior service and support and to earn your trust as a valued customer for the long term. If you have any questions about our privacy policy or any other policy or practice, please do not hesitate to contact us.

We have created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices for this web site. Any changes or updates to our privacy practices will be posted here.

Log Files

We use IP addresses, browser type, time of day, to analyze trends, administer the site, track user's movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Notification of Changes

If we decide to change our privacy policy, we will post those changes on this page so our users are always aware of what information we collect, how we use it, and under circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

Terms of Service

Introduction: Your use of the OzarkHerbalist.com web site signifies your consent to the following terms of service. If you do not consent to these terms of service, please do not use the OzarkHerbalist.com web site. We reserve the right to make changes of these terms of service without notice and your continued use of the OzarkHerbalist.com web site will mean that you accept those changes.

No Warranty. This web site is provided by Ozark Herbalist LLC as a service to its users on an "as is" basis. Ozark Herbalist LLC makes no representations or warranties of any kind, whether express or implied, as to the information, content, materials, services, or products included on this site or as to the operation of the site. Ozark Herbalist LLC disclaims all warranties, whether express or implied, including without limitation the warranty of merchantability and the warranty of fitness for a particular purpose.

Copyright and Trademarks. Trademarks mentioned on this site belong to their respective owners, even if not clearly identified. All content included on this site, such as text, graphics, logos, icons, images, video clips, and software is the property of Ozark Herbalist LLC or their respective owners, even if not clearly identified, and is protected by U.S. copyright law, and except for non-commercial, personal use, may not be copied, distributed, displayed, reproduced or transmitted without the prior written permission of Ozark Herbalist LLC or their respective owners. While every effort has been made to ensure that the information contained on this site is true and accurate, Ozark Herbalist LLC offers no guarantee as to such accuracy and accepts no responsibility for any loss or damage, howsoever caused, arising from reliance upon the information contained on this site.

Ozark Herbalist LLC respects the intellectual property of others, and we ask users of our websites to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to our website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Hyper-Links. This site may link to sites not related to or maintained by Ozark Herbalist LLC. These links are provided as a service to the users of this site and Ozark Herbalist LLC makes no representations or warranties about the content, completeness or accuracy of the sites or the links on this site or as to any site linking to this site.

Limitation of Liability. Ozark Herbalist LLC shall not be liable, whether in contract, tort (including the negligence of Ozark Herbalist LLC, its officers, directors, agents, or contractors), or strict liability for any damages whatsoever, including, without limitation, direct, indirect, incidental, punitive, or consequential damages resulting from your use of the OzarkHerbalist.com web site or any of its content. You hereby agree to indemnify, defend and hold harmless Ozark Herbalist LLC, its officers, directors, contractors, consultants, agents, resellers, and affiliates from any causes of action, claims, proceedings, losses, damages, fees, expenses, liabilities or costs, including reasonable attorneys fees, arising from your use of this web site or its content, your violation of any of these terms or conditions, or your infringement of any intellectual property rights.

Indemnification. Customer agrees that it shall defend, indemnify, save and hold Ozark Herbalist LLC harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Ozark Herbalist LLC, its agents, its customers, officers and contractors, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, contractors or assigns. Customer agrees to defend, indemnify and hold harmless Ozark Herbalist LLC against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Ozark Herbalist LLC; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement; and (4) any defective products sold to customers from Ozark Herbalist LLC's server.

Arbitration. By using any Ozark Herbalist LLC services or products, you agree to submit to binding arbitration. If any disputes or claims arise against Ozark Herbalist LLC or its subsidiaries, such disputes will be handled by an arbitrator of Ozark Herbalist LLC's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Missouri. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

Disclaimer. Ozark Herbalist LLC shall not be responsible for any damages your business may suffer. Ozark Herbalist LLC makes no warranties of any kind, expressed or implied for services or products we provide. Ozark Herbalist LLC disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Ozark Herbalist LLC and its contractors.

Miscellaneous. These terms of service shall be governed by the laws of the State of Missouri, without giving effect to its conflict of laws provisions. You agree that venue for any action shall be in the state and federal courts of Christian County, Missouri and hereby consent to the personal jurisdiction of such courts. If for any reason a court finds a provision or portion of the foregoing terms of use to be unenforceable, the remainder will continue to be valid and shall remain in full force and effect.

Changes to the TOS. Ozark Herbalist LLC reserves the right to revise its policies at any time without notice.