Welcome to the American Herbal Products Association (“AHPA”) Website. Please read these terms and conditions of use carefully before using this website. By accessing any areas of this site, you agree to be bound and to abide by the terms and conditions set forth below (“Agreement”). If you do not agree with any part of the following terms and conditions, you do not have any right to use this site.
AHPA reserves its right to modify the Terms of Use that apply to your use of this website. By using this website following any such change, you agree to adhere to and be bound by the Terms of Use as modified.
- TRADEMARKS
AHPA either owns the trademarks that are used on the AHPA Website or has permission from the owner of such trademarks to use them. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of AHPA and its licensors may not be used in connection with any product or service that is not AHPA’s, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits AHPA. The “look and feel” of this website constitutes proprietary trade dress of AHPA.
- CONTENT
All content included on this website, such as text, graphics, logos, button icons, images, and software, is the property of AHPA and is protected by United States and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this website is the exclusive property of AHPA and is protected by United States and international copyright laws. The contents of the AHPA Website are intended solely for personal, noncommercial (other than for the purchase of subscriptions to the Digital Content as defined in Paragraph 6 below) use.
This website or any portion of this website may not be reproduced, duplicated, downloaded, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted. No right, title, or interest in any materials or software is transferred to you as a result of use of this website. You may neither actually nor attempt (nor otherwise authorize, encourage, or support others) to circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the website or its operations.
- COMMENTS & FEEDBACK
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to AHPA on or by this site or otherwise disclosed, submitted or offered in connection with your use of this site (collectively, “Comments”), whether submitted in writing or electronically, shall be and remain AHPA’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to AHPA of all worldwide right, title, and interest in all copyrights and other intellectual property in the Comments. Thus, AHPA will own exclusively all such right, title, and interest and shall not be limited in any way in its use, commercial or otherwise, of any Comments. AHPA is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that information provided to us by our visitors may be inaccurate or can change with little or no notice. AHPA is not responsible for inaccurate information provided by visitors to the AHPA Website.
You agree that no Comments submitted by you to the site will violate any right of any third party, including copyright, trademark, privacy or other personal proprietary right(s). You further agree that no Comments submitted by you to the site will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
- USE OF PERSONAL INFORMATION
You agree that AHPA may use and/or disclose information about your demographics and use of the site in any manner that does not reveal your identity. By subscribing to the Service (as defined in Paragraph 6 below), purchasing goods or services, and/or requesting information or product updates, you agree that AHPA may use such information for marketing and promotional purposes.
- LICENSES AND RESTRICTIONS
AHPA grants you a limited, nonexclusive, revocable, non-transferable license to access and make personal, non-commercial use of the contents of the AHPA Website in accordance with these Terms of Use.
The foregoing licenses do not include any rights to:
- Modify, download (other than page caching), reproduce, copy, or resell the AHPA Website, the Digital Content or any portion or derivative thereof;
- Commercially use the AHPA Website, the Digital Content or any portion derivative thereof;
- Interfere or attempt to interfere with the proper working of the AHPA Website;
- Bypass any AHPA measures used to prevent or restrict access to any portion of the AHPA Website, the Digital Content or any portion or derivative thereof;
- Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AHPA;
- Use AHPA’s name, trademarks, services marks or logos in any metatags or any other “hidden text” or
- Compile, repackage, disseminate or otherwise use data extracted from the AHPA Website.
The foregoing is expressly prohibited; the right to do any of the foregoing shall require AHPA’s express written consent (which may include a written agreement signed by an authorized representative of AHPA). Any unauthorized use of the AHPA Website, the Digital Content or any portion or derivative thereof shall terminate any license or permission granted by AHPA.
- DIGITAL CONTENT
AHPA offers you the ability to access The American Herbal Association’s Botanical Safety Handbook, Second Edition, through an internet connection (“Digital Version” or “Online Version”) and all updates to the Digital Version, if any, after they are published (“Digital Content”).
In order to be able to access the Digital Content, you must register for one or more subscriptions with AHPA (“Service”). If you have more than one subscription, one person (“Administrator”) will supervise the subscriptions. Upon completion of a required credit card transaction, you will receive rights for as many subscriptions as paid for. You, whether an individual or an Administrator, agree to provide true, accurate, current and complete identifying information about yourself and any other subscribers, if any, as prompted by the registration process. Once you subscribe to the Service, you will receive an account and a password for each subscription. This account and password(s) are for your use or the use of the identified subscribers only. You and each other identified subscriber, if any, are responsible for maintaining the confidentiality of your account and password(s) and for restricting access to the computers and other devices used to access the Digital Content, and you agree to accept responsibility for all activities that occur under your account or password(s). AHPA and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in their sole discretion.
Barring any technical or other difficulties, the subscribed Digital Content should be accessible from wherever you have an internet or data connection, through a computer, tablet, or smart phone.
By registering for one or more subscriptions to the Service, you agree to pay a non-refundable annual fee in the amount agreed at the time of purchase. All payments will be processed for AHPA by the third party AHPA chooses. Payments may be made by a major credit card identified as acceptable to AHPA at the time of purchase. Cash will not be accepted.
Your subscription will automatically continue for one year from purchase. AHPA may contact you prior to the termination of your subscription, unless you indicate that you would like automatic renewal when you register for the first year. If you choose automatic renewal, the current annual fee for use of the Service in place at the time of renewal will be billed automatically to the credit card that you designated during the registration process or subsequently designated to AHPA.
You agree to pay or have paid all fees and charges incurred in connection with your subscription for the Service (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are non-refundable. If you want to designate a different credit card, if there is a change in credit card validity or expiration date, or if you believe someone has accessed the Service using your password without your authorization, you must contact AHPA at bsh@ahpa.org.
If AHPA does not receive payment from your bank, the credit card issuer or its agent, you agree to pay all amounts due upon demand by AHPA. Your card issuer agreement governs your use of your designated card in connection with the Service, and you must refer to that agreement and not the Terms of Use of this site to determine your rights and liabilities as a cardholder. YOU, AND NOT AHPA, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD OR CHARGED TO YOUR BANK ACCOUNT BY A THIRD PARTY, WHICH ARE NOT AUTHORIZED BY YOU.
If AHPA does not receive the full amount of your account balance within thirty (30) days of the first date of the subscription, AHPA has the right to charge a late payment charge of one and one-half percent (1.5%) per month (or the highest amount allowed by law, whichever is lower) and may add such charge to your bill which shall immediately become due and payable. Unless you notify AHPA of any discrepancies within sixty (60) days after they first appear on your account statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by your card issuer. You release AHPA from all liabilities and claim of loss resulting from any error or discrepancy that is not reported to AHPA within sixty (60) days of its first appearance on an invoice, credit card or bank statement.
You agree to pay AHPA or its affiliates all reasonable attorney’s fees and costs incurred by AHPA to collect any past due amounts. Your account may be deactivated without further notice if payment for such fees and costs is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your Service account.
You are responsible for paying any governmental taxes imposed on your use of the Service, including, but not limited to, sales, use or value-added taxes. You are solely responsible for arranging payment for any and all additional or premium charges for your use of any third party services via the Service.
AHPA RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY AHPA, EFFECTIVE FIFTEEN (15) DAYS AFTER AN ONLINE POSTING OF SUCH CHANGES. AHPA MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL. IF ANY SUCH CHANGE IS UNACCEPTABLE TO YOU, YOU MAY TERMINATE YOUR SUBSCRIPTION TO THE SERVICE BUT YOU WILL NOT RECEIVE A REFUND. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE.
You may download selected pages of the Digital Version for your personal use. Each page must be downloaded separately.
You may not (i) modify, alter, duplicate, reproduce, copy, distribute copies of, disassemble, reverse engineer, emulate, decompile, or tamper with the Digital Version; (ii) create derivative works from or of the Digital Version; (iii) bypass, modify, tamper, defeat or circumvent any of the security components, special rules or other applications that protect the Digital Version; (iv) use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Digital Version or any portion thereof, including but not limited to any metadata associated with the Digital Version; or (v) rent, loan, lease, sublicense, transfer, network, reproduce, display, distribute, or otherwise make any of the Digital Version available to any third party.
- PRICING
All prices displayed on the site are quoted in U.S. currency. Prices are subject to change at any time.
- ELECTRONIC COMMUNICATION
You agree that AHPA may send electronic mail to you for the purpose of advising you of changes or additions to the website, about any of AHPA’s products or services, or for such other purpose(s) as AHPA deems appropriate. You consent to receive communications from AHPA electronically.
- DISCLAIMERS AND LIMITATION OF LIABILITY
THIS WEBSITE AND ALL CONTENT OF THIS WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, SALABILITY OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS AS TO THE OPERATION OR AVAILABILITY OF THIS WEBSITE OR THE IMPORTATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR MADE AVAILABLE THROUGH THIS WEBSITE. AHPA DOES NOT GUARANTEE THAT THE QUALITY OF THE INFORMATION OR ANY MATERIAL PURCHASED OR ACQUIRED BY YOU ON THIS WEBSITE IS ACCURATE OR MEETS YOUR EXPECTATIONS. AHPA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR WEBSITE, AND THAT AHPA SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT A STATE OR DISTRICT DOES NOT PERMIT THE EXCLUSION OF LIABILITY AS SET FORTH HEREIN, AHPA’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES OR DISTRICTS.
- TERMINATION
This Agreement is effective unless and until terminated by either you or AHPA. AHPA may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the site, if in AHPA’s sole discretion, you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or AHPA, you must promptly destroy all materials obtained from this site, as well as all copies of such material, whether made under the Terms of Use of this Agreement or otherwise.
With regard to any subscription to the Service as described elsewhere in this Agreement, you agree that AHPA, in its sole discretion, may terminate your account (or any part thereof), password(s), or use of the Service for any reason, including if AHPA believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. AHPA may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be affected without prior notice, and acknowledge and agree that AHPA may immediately deactivate or delete your account and/or bar any further access to the Service. Further, you agree that AHPA shall not be liable to you or any third-party for any termination of your access to the Service.
- INDEMNIFICATION
You agree to defend, indemnify and hold AHPA, and its affiliated enterprises, representatives, officers and directors harmless from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the website, the Digital Version or any violation committed by you of the Terms of Use or rights of others.
- APPLICABLE LAW; JURISDICTION
The website is created and controlled by AHPA in the State of Maryland. The laws of the State of Maryland will govern the Terms of Use, without giving effect to any principles of conflicts of laws.
Each of AHPA and you agrees to submit to the nonexclusive personal jurisdiction of the courts located within Montgomery County, Maryland and waives any objection to the laying of venue of any litigation in said courts.
- LINKS TO OTHER WEBSITES AND SERVICES AND THIRD-PARTY TRANSACTIONS
To the extent that the site contains links to outside services and resources, the availability and content of which AHPA does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. AHPA makes no representation or warranty regarding any other websites or the contents or materials on such websites.
AHPA may make available or provide access to products and services of third-parties including the products or services of sponsors or advertisers. Your dealings with third parties located through our services, including the supply and payment of goods or services as well as other guarantees, terms and conditions and statements issued in connection with those transactions are strictly between you and the third party. You agree that AHPA is not liable or responsible for any damages of any nature that may be the result of any such third-party transaction.
- PRIVACY POLICY
AHPA respects the privacy of its users in accordance with the terms of AHPA’s Privacy Policy.
- SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of AHPA to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
- ACKNOWLEDGMENT
The Terms of Use, including all documents referenced herein, represents the entire understanding between you and AHPA regarding your relationship with AHPA and supersedes any prior statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. “Including” means “including, without limitation.”
- MODIFICATION
AHPA reserves the right to make changes to the website, posted policies and Terms of Use at any time without notice or liability. These Terms of Use were last revised on February 26, 2013.
- SURVIVAL
In the event this Agreement terminates or expires as provided herein, all provisions capable of survival shall survive such expiration or termination.
- MINORS
This site is not intended for use by minors. You must be at least thirteen (13) years of age to use our Service. By providing information to AHPA through the account registration page for new customers or any other part of the site, you represent that you are 13 years of age or older. If you are between the ages of 13 and seventeen (17), you agree to obtain parental permission prior to completing the registration process and utilizing the Service.
- CORPORATE INFORMATION
This website is operated by AHPA:
American Herbal Products Association
8630 Fenton Street, Suite 918
Silver Spring, MD 20910
301.588.1174
bsh@ahpa.org