Please read this agreement carefully before participating.
1. Participation (Voluntary):
By participating in the iHerb.com Coupon Referral
IF YOU DO NOT WISH TO ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT PARTICIPATE IN THE PROGRAM.
2. Terms of Voluntary Participation and Policies:
Your participation in this Program is voluntary and is effective until terminated by either iHerb or you. Either we or you may terminate your program participation at any time, with or without cause, by giving the other party written notice of termination. Notice of termination may be given to you using the email address you provided during the registration process. Notice of termination may be given to us by sending an email to firstname.lastname@example.org. You are only eligible to accumulate referral rewards on sales occurring during the term of your program participation. Unused rewards expire 180 days after the date when they are posted as "Available" in your iHerb account.
3. Modification and Termination of the Program:
We may modify the terms and conditions, terminate the Program at any time and by our sole discretion, by posting a change or termination notice on iHerb.com. Modifications may include, for example, changes in the scope of available referral rewards, reward schedules, redemption procedures and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE YOUR PARTICIPATION IN THE PROGRAM. YOUR CONTINUED PARTICIPATION IN THE PROGRAM WILL CONSTITUTE BINDING ACCEPTANCE OF ANY CHANGES. In the event of termination of the Program by us, our obligation is to distribute Program rewards to you at our sole discretion, either in the form of rewards to be used towards iHerb.com purchases or a check (as the case may be) is limited to a maximum of three months of rewards, calculated based on your rewards for the month prior to the month in which the Program is terminated.
4. Independent Investigation:
YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS PROGRAM. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THESE TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THESE TERMS AND CONDITIONS.
5. Tax information:
You will be responsible for any and all tax liability arising from any rewards you accumulate under the Program. We are obligated by U.S. federal law to obtain tax information from Program participants who are U.S. citizens or U.S. residents (W-9) and from Program participants who are not U.S. citizens or residents but whose businesses are taxable in the U.S (W8-ECI). If we believe you are a Program participant from whom we are obligated to obtain tax information and you do not provide this information to us after we have requested it, we may withhold your referral Rewards until you provide this information or otherwise satisfy us that you are not a person from whom we are required to obtain tax information.
6. Copyrights, Trademarks and other Intellectual Property:
The material included in the iHerb.com web site and the Program, including site and Program design, text, graphics, and the selection and arrangement thereof are copyrighted by us with all rights reserved. iHerb® and all page headers, custom graphics and custom icons are our service marks and trademarks. Other trademarks, product names and company names or logos are the property of the respective owners and may not be used on our Site without the consent of the owners of such protected information. Other than as may be allowed by these terms and conditions or the Program, any use of any portion of our graphics, ad copy, and other materials owned by our company is considered infringement of our copyright, trademark or other intellectual property rights (including patent rights) and will be legally pursued as such.
7. Promotional Activity
You may promote your iHerb Rewards Code on a personal blog as well as available social media accounts (e.g. Facebook, Twitter and Google +) subject to the terms and conditions of those accounts. In doing so, we ask that your blog and your social media profile appear like an average person’s profile. For example your social media profile should not contain an avatar that could be misinterpreted to look like iHerb's. Likewise your blog or website should not look like iHerb.
You may also email your iHerb Rewards Code or send a text message to friends and family. In doing so, you represent and warrant that you will not engage in and/or facilitate spamming, unsolicited commercial email or otherwise fail to comply with the CAN-SPAM Act of 2003 (Public Law 108-187) or any successor legislation, and/or any other laws and/or regulations that govern email marketing and/or communications.
When promoting your iHerb Rewards Code, you cannot mislead or misrepresent yourself to others. This includes using phrases such as “click me, save $10, first time customers” in your MyPage profile link name.
You may not purchase or use domain names that include the word “iHerb” or certain variations and misspellings. We don’t want to confuse the general public about which are the official iHerb websites.
A mobile application on a smart phone or tablet computer is incredibly convenient and a great way to market your Code. iHerb has a branded mobile application for customer use. We don’t want to confuse the general public about which are the official iHerb mobile applications, so do not create one that looks similar to the iHerb app. Your app may not integrate and/or use the iHerb app in any way.
Likewise, you are not permitted to participate in any advertising including paid search that includes the word “iHerb” or certain variations (e.g. iherb coupon) and misspellings. The iHerb Rewards Program is not intended for commercial purposes.
8. Program Participation:
By participating in the Program, you represent that you are at least 18 years of age. The iHerb Rewards program can only be used by one customer account per household. Any misuse of the Program will result in immediate termination and forfeiture of all accumulated Rewards.
9. Additional Right to Terminate:
We reserve the right to terminate any account and its rewards provided by the Program if the original
customer's order is deemed fraudulent or credit card charges are disputed.
10. No Statements Regarding Product Claims:
You represent and warrant that you will not make any statements and/or product claims not approved by
the U. S. Food and Drug Administration. Products sold through iHerb.com have not been evaluated by the
Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. As part of
your participation in the Program, you agree and understand that you are responsible for making truthful and
accurate statements about products sold by us. If you are unsure about the answer about a product or service,
you can tell the person to review product information on iHerb.com or to contact the manufacturer directly.
11. User Content and Conduct:
You understand that you are solely responsible for any content you post to this Site. You alone assume all risks associated with your content including anyone's reliance on its accuracy, truthfulness, reliability or any disclosure by you of information in your content that makes you identifiable. Once published, your content may not be able to be withdrawn. You may not imply that your content is endorsed by iHerb. You may expose yourself to liability if your content is false, defamatory, intentionally misleading, violates any third-party right including copyright, trademark, patent, trade secret, privacy right, right of publicity, any other intellectual property or proprietary right or any material that is unlawful or violates or advocates the violation of any law or regulation.
We cannot guarantee that your content will not be misused by other users. If you have information you want to keep confidential and/or do not want others to use, do not post it to this Site. iHerb will not be liable for any user content, including, any errors or omissions, any loss or damage incurred as the result of the use of any user content in any manner posted to this Site. iHerb is not responsible for any user's use or misappropriation of any content you post to this Site.
By posting user content to this Site, you hereby grant (or warrant that the owner of such rights has expressly granted) us perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use reproduce, adapt, publish translate, edit, sub-license, create derivative works from and distribute such content or incorporate such content into any form. The foregoing grant includes, without any limitation, any copyrights and other intellectual property rights in and to your user content. You represent and warrant that the content you posted does not violate the privacy or publicity rights, copyrights, contract rights or any other rights including moral rights of any person. You agree to pay for all royalties, fees and any other amounts owed to any person by reason of any content you posted to this Site.
You understand that iHerb may preserve user content and may disclose user content if required to do so by law or in good faith belief that such preservation or disclosure is reasonably necessary to comply with the legal process, enforce this Agreement, respond to claims that any user content violates the rights of third-parties, or protect the rights, property or personal safety of iHerb, its users and the public. You understand that the technical processing and transmission of this Site, including your user content, may require transmitting over different networks and changes to conform to technical requirements of connecting devices or networks.
Your content postings are voluntary -- including, ideas, opinions and disclosures. There is no confidential or contractual relationship established by posting your content or review or use of your content. iHerb is not liable for any disclosure of any user content, including opinions, suggestions you post to this Site. iHerb is entitled to unrestricted use of any user content it may receive, for any purpose, commercial or otherwise, without compensation to you as the content provider.
You agree not to use this Site to:
a. Post or otherwise transmit any user content that is harmful, false, unlawful, obscene, defamatory or otherwise objectionable.
b. Harass, stalk or otherwise abuse another.
c. Impersonate any person or entity or misrepresent your affiliation with any person or entity.
d. Harm minors.
e. Manipulate identifiers in order to disguise the origin of any user content posted to this Site.
f. Post or otherwise transmit any user content that you do not have the right to transmit under any law, contractual or fiduciary relationships.
g. Post or otherwise transmit any user content infringes any patent, copyright, trademark or other proprietary rights ("Rights") of any party or post or otherwise transmit any protected material on this Site.
h. Post or otherwise transmit any unsolicited advertising, promotional materials, spam, junk mail, pyramid schemes or any other form of solicitation.
i. Post or otherwise transmit any content that contains viruses, Trojan horses, or other harmful, disruptive or destructive materials that limit the functionality of any computer software, hardware or telecommunications equipment or interferes with any third party's use of this Site.
j. Collect data about other Site users.
k. Gain access to unauthorized areas of this Site.
l. Gain access to unauthorized servers or networks.
We will terminate the account and/or block Site users who violate the intellectual property rights of any person on this Site. You understand that by using this Site you may be exposed to other's user content that is indecent or otherwise objectionable. iHerb does not endorse or have control over user content. User content is not reviewed by iHerb prior to posting and does not reflect the opinions of iHerb. iHerb makes no representations or warranties express or implied with regards to the accuracy or reliability of user content or any other material or information you may obtain from this Site. iHerb is not responsible for monitoring this Site for inappropriate user content or conduct. If at any time iHerb chooses, in its sole discretion, to monitor this Site, iHerb nonetheless assumes no responsibility for the user content, has no obligation to modify or remove any inappropriate user content, and has no responsibility for the conduct of this Site users submitting any such user content. Notwithstanding the foregoing, iHerb reserves the right to remove any user content that violates this Agreement or is otherwise objectionable, in iHerb's sole discretion. You agree that you must evaluate, and bear all the risks that are associated with the use of any user content, including reliance on accuracy, completeness or usefulness of such content. In this regard, you acknowledge you may not rely on any user content.
You are solely responsible for your interactions with other Site users. iHerb, in its sole discretion, has the right but is under no obligation to monitor communications between you and other Site users and to terminate your Site access.
You agree to indemnify us for any and all third party claims, damages, losses and causes of action arising from or as a result of your posting any content or materials or your failure to comply with this Agreement.
iHerb does not and cannot review all communications and content users post or upload to the interactive areas of this Site.
iHerb is not responsible for any of the content of these communications or materials posted or uploaded to this Site. iHerb reserves the right to block, move, delete, edit whole or in part, any content submitted by you to this Site that we determine to be fraudulent, deceptive, misleading, abusive, obscene, defamatory or violation of a copyright, trademark or other intellectual property right of another or otherwise unacceptable to iHerb at its sole discretion. Any content posted to interactive areas of this Site should not be construed as professional healthcare advice or instruction.
This Site is intended for adult use. If you are under 18, do not submit any information or content to this Site.
By participating in the Program and by accepting these terms and conditions, you agree to indemnify us for
any and all claims, losses, damages, liabilities and causes of action (including expenses and attorney fees)
incurred by us arising out of or relating to your breach or alleged breach of these terms and conditions
(including without limitation claims by third parties for infringement of intellectual property rights). You
agree to cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume
the exclusive defense and control of any matter subject to indemnification by you, in which event you will still
be required to indemnify us for the attorney fees and expenses in addition to any losses, claims, damages and
liabilities incurred by us.
13. Limitation of Liability:
WE SHALL NOT BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED EITHER BY YOU OR BY OTHER PERSONS AS A RESULT OF YOUR PARTICIPATION IN THE PROGRAM, YOUR USE OF THIS WEB SITE, YOUR FURNISHING OF PRINTED PROMOTIONAL MATERIALS IN VIOLATION OF THE TERMS & CONDITIONS TO OTHERS OR YOUR DESCRIBING THE PROGRAM TO OTHERS (WHETHER IN PERSON OR BY ANY OTHER MEANS), OR OF ANY FAILURE OR DELAY BY US IN ADMINISTERING THE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THESE DAMAGES, CLAIMS OR LOSSES FOR WHICH WE ARE NOT LIABLE INCLUDE, WITHOUT LIMITATION: (A) DAMAGES FOR INJURY TO YOU OR YOUR PROPERTY, (B) DAMAGES FOR INJURY TO THE PERSON OR PROPERTY OF OTHERS (INCLUDING ANY DAMAGES FOR LOSS OF INCOME OR PROFITS) OR (C) COMPENSATORY, INCIDENTAL OR EXEMPLARY DAMAGES.
14. No Warranty:
THE PROGRAM IS BEING PROVIDED TO YOU "AS IS", WITH NO EXPRESS OR IMPLIED WARRANTY OR CONDITIONS. WE EXCLUDE ALL CONDITIONS, REPRESENTATIONS, WARRANTIES AND OTHER TERMS WHICH OTHERWISE MIGHT BE IMPLIED OR INCORPORATED INTO THESE TERMS AND CONDITIONS TO THE MAXIMUM EXTENT PERMITTED BY LAW. THIS INCLUDES BUT IS NOT LIMITED TO IMPLIED WARRANTIES AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
These terms and conditions and/or any dispute, litigation or arbitration arising from or in any way related to these terms and conditions or the relationship of the parties, whether the claims asserted in such dispute, litigation or arbitration are based on contract, tort, equitable relief or on any other basis shall be governed, construed and enforced in accordance with the laws of the United States and the State of California, without reference to rules governing choice of laws.
- Any litigation arising from or in any way related to these terms and conditions or the relationship of the parties must be brought in the federal or state courts located in Riverside County, California. You irrevocably consent to the jurisdiction of such courts and venue in Riverside County, California.
- You may not assign these terms and conditions, by operation of law or otherwise, without our prior written consent. Subject to that restriction, these terms and conditions will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns.
- Our failure to enforce your strict performance of any provision of these terms and conditions will not constitute a waiver of our right to subsequently enforce such provision or any other provision of these terms and conditions.