Stark’s Mountain Herb’s Terms & Conditions
Effective Date: 10/29/2020
Last Updated: 11/14/2020
These Terms & Conditions stand as both acknowledgment and agreement between both site user and www.starksmountainherbs.com
Our website www.starksmountainherbs.com is an e-commerce site owned and operated by Stark’s Mountain Herbs and offered to you only with agreement and acceptance of all terms, conditions, policies, and notices found within this website. By utilizing this website, you are showing understanding and agreement to all such terms. Please thoroughly read and keep a copy of these terms & conditions.
Stark’s Mountain Herbs does not knowingly collect personal information online or offline from persons under age thirteen. You must be 21 years of age or older to use this site. You must be of legal age as determined by the state or province you reside in to purchase products or visit our site. It is up to you to be responsible for knowledge of the legal purchase age.
All statements, information, or claims found on or within this site and any products or services we offer have NOT been evaluated or condoned by the Food and Drug Administration, or “FDA.” The FDA has NOT approved the products, ingredients found on or within this site. Our products and information found on or within this site do not claim to diagnose, treat, cure, or prevent any disease or condition. Information and claims found on or within www.starksmountainherbs.com are set forth for educational and informational purposes only and should never be used to diagnose or treat health problems or conditions without a health care practitioner’s guidance and should never take the place of medical care and direction. Women who are pregnant or nursing should consult a physician before the use of our products. Anyone taking medication has a medical condition, or other concerns should consult a physician before using our products.
Cancellation / Refund Policy
Stark’s Mountain Herbs will honor full refund requests of UNOPENED products within seven days of purchase. Requests to cancel a purchase made before shipment is prepared or within 24 hours of purchase will be honored to the best of our ability. Cancellation requests made after the product has been prepared for shipment or shipped or left the facility must be received by the consumer then processed as a return/refund request. Requests for refunds made after day seven post-purchase are not required to be honored. Contact Us with Refund Policy or Cancellation questions.
Products will be shipped within 2 business days from the date of the order placed before 2 p.m. Orders placed after 2 p.m. will be processed on the following business day. Users will receive an email confirmation when the order is received, processed, and shipped.
All registered users must assume all responsibility for all activities during the use of your account or password. Users are fully responsible for keeping their account and password confidential and not sharing access with any other user. Accounts are non-transferable. The user agrees that Stark’s Mountain Herbs have no responsibility for third-party access resulting in misuse or theft of your account. Stark’s Mountain Herbs can always refuse or cancel all services, product fulfillment, cancel accounts, change, or remove all content.
Visiting www.starksmountainherbs.com, communicating electronically with them, or sending emails to Stark’s Mountain Herbs covers electronic communications. Users automatically agree that they may receive electronic communications from us. Users agree that all conditions, agreements, disclosures, and other communications that you may receive from us electronically, via email and on the Site, fulfill all legal requirements for electronic communications to be in writing.
Links to Third Party Sites/Third-party services
Any linked sites found on or within www.starksmountainherbs.com are not under our control, and Stark’s Mountain Herbs is unable to be held responsible for the content or updates on or within any linked site. Linked sites connect to more information or services but do not imply an endorsement or association of any external site by Stark’s Mountain Herbs.
Some services or content found on or within www.starksmountainherbs.com come from a third-party source. Users of our site, products, or services are automatically consenting to shared information and data to any third party Stark’s Mountain Herbs has a contracted agreement with directly for the fulfillment of said products, site, or services on behalf of Stark’s Mountain Herbs for our users and customers.
No Unlawful or Prohibited Use/Intellectual Property
Users have access to www.starksmountainherbs.com with only strict adherence to site terms & conditions. Use of site must be legal and following all policies, terms, conditions found on or within www.starksmountainherbs.com. The site’s use must not damage, disable, or disrupt our site’s operation or accessibility. The user cannot collect any content, materials, or information from our site that is not public and provided by Stark’s Mountain Herbs through our site.
All content, text, logos, images, information, software, plugins, and the site as a whole that is found on or within www.starksmountainherbs.com belong to Stark’s Mountain Herbs or its suppliers or contributors. All items are protected by intellectual property and proprietary rights and laws. Users must agree to abide by said copyright intellectual property and proprietary rights, notices, and terms.
Content will not be changed, copied, published, reverse engineered. Users will not participate in transfer or sale or exploitation of the content, either in part or as a whole found on or within www.starksmountainherbs.com. The site is not available for resale or unauthorized use of the content, protected images, or any information on or within the site. The user is to access the site only for personal use and does not retain any ownership rights. Stark’s Mountain Herbs does not grant you permissions, licenses, or rights to the intellectual property of Stark’s Mountain Herbs or suppliers/contributors.
By choosing to connect to Stark’s Mountain Herbs via your third party account, the user must be in total agreement to consent to the continuous release of information about the user to other parties based on your privacy settings with said third party site. Eliminate the use of third-party sites to prevent this information sharing.
Our site www.starksmountainherbs.com is located, controlled, created, and operated in the United States of America. Attempts to access products or services from Stark’s Mountain Herbs from outside the United States of America are fully responsible for following and adhering to local laws where the user resides. International users must agree that they will not access content for unlawful or prohibited use in any country.
Stark’s Mountain Herbs reserves our right to exclusively defend and maintain control of any matter otherwise subject to indemnification by you at full cost to us. The user will agree to bear full cooperation with Stark’s Mountain Herbs in any defenses in this event. User agrees to indemnify, withhold blame or harm, and defend Stark’s Mountain Herbs and all employees, owners, third parties from any costs, liabilities, or losses that are related to the use of or lack of use of our site, products, or services, violating terms, conditions, and policies violating rules and terms.
If the parties are unable to reach an agreement to dissolve any dispute between the parties coming from these Terms & Conditions, or any provisions within or on, whether in contract, tort or otherwise at law or in equity for damages, then the dispute shall be brought to be resolved only by final and binding arbitration according to the Federal Arbitration Act. This shall be conducted by a single neutral arbitrator associated with the American Arbitration Association or different arbitration services agreed to by all parties. This shall take place at a location agreed upon by all parties. The arbitrators’ decision will be binding and final, with judgment entered upon it in any court having jurisdiction. If any legal or impartial action, act, or arbitration comes from or concerns these Terms and Conditions, the damaged party shall be entitled to recover costs and reasonable legal fees. The parties agree to arbitrate all disputes and claims regarding these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision.
Trademarks and Copyrights
Stark’s Mountain Herbs and its contributors own rights, content, images, graphics, banners, software, logos, titles, and all copyrighted materials found on or within Company Properties. Submissions made by you or other users will be the exception. Users must not remove, copy, change, or damage any copyright, trademark, or other proprietary rights or copyrighted materials on or within the website, the products, the services, or Company Properties. Our brand must not be used on or within any website, products, or services not offered by us or used in a way to discredit or damage our name.
STARK’S MOUNTAIN HERBS AND CONTRIBUTORS MAKE NO CLAIMS OR IMPRESSIONS ABOUT THE RELIABILITY, ACCURACY, OR APPROPRIATENESS OF ANY OR ALL OF THE INFORMATION, CONTENT, SOFTWARE, GRAPHICS, PRODUCTS, AND SERVICES FOUND ON OR WITHIN THE SITE. ANY AND ALL INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES ON OR WITHIN THE ENTIRETY OF www.starksmountainherbs.com MAY CONTAIN GRAMMATICAL OR TYPOGRAPHICAL ERRORS, MISTAKES, OR INACCURACIES. STARK’S MOUNTAIN HERBS AND ITS CONTRIBUTORS MAY MAKE CHANGES, EDITS, IMPROVEMENTS TO THE SITE AT ANY TIME THEY DEEM APPROPRIATE OR NECESSARY. CONTENT, INFORMATION, AND ANY ASPECTS UNDERGO CHANGES ON A PERIODIC BASIS.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, ANY AND ALL INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. STARK’S MOUNTAIN HERBS AND CONTRIBUTORS THEREBY REJECT ALL CONDITIONS AND WARRANTIES REGARDING SAID INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES. THIS INCLUDES ALL INFERRED WARRANTIES AND CONDITIONS, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STARK’S MOUNTAIN HERBS AND CONTRIBUTORS WILL NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STARK’S MOUNTAIN HERBS AND CONTRIBUTORS WILL NOT BE HELD LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, COMING OUT OF OR BY CONNECTION OF THE USE OF THE SITE, BY INABILITY TO USE THE SITE OR BY FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES ON OR WITHIN THE SITE, OR OTHERWISE CONNECTED TO USE OF THE SITE, WHETHER BASED ON CONTRACT, NEGLIGENCE, OR STRICT LIABILITY EVEN WITH STARK’S MOUNTAIN HERBS AND CONTRIBUTORS BEING AWARE OF POSSIBILITY FOR DAMAGES. THE ABOVE LIMITATION MAY NOT APPLY TO YOU IF YOU LIVE IN A STATE WITH THAT HAS AN EXCLUSION OR LIMITATION OF LIABILITY. IF YOU THE USER ARE UNHAPPY OR UNSATISFIED WITH ANY OR ALL OF THE SITE, OUR TERMS & CONDITIONS, POLICIES, OR INFORMATION PLEASE CHOOSE TO NO LONGER UTILIZE THE SITE.
Termination or Access Restriction
Stark’s Mountain Herbs always retains the right and discretion to terminate any user access to the site, information, content, or products and related services on or within the site at any time without any warning or notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Maine, and users result from this consent to the exclusively governed courts in Maine in all disputes coming from or related to the use of the Site. Use of the Site is only authorized in jurisdictions that permit all these Terms, including, without limitation, this section.
There is no partnership, employment, agreements, or an agency relationship between User and www.starksmountainherbs.com. Suppose any or all pieces of this agreement are invalid or unenforceable according to applicable law, including, but not limited to. In that case, the warranty disclaimers and liability limitations set forth above, then the incorrect or unenforceable provisions, will give way to a valid, enforceable provision that most closely matches the intent of the original policies and terms, and the remaining entirety of the agreement shall remain in effect.
Unless otherwise defined within this document, these terms & conditions cover the entirety of the implied agreement between User and Stark’s Mountain Herbs and override all previous communications and proposals, whether electronic, oral or written, between User and Stark’s Mountain Herbs in regards to the Site. These terms & conditions or any form of electronic communication may be printed and admissible in judicial or administrative proceedings surrounding these terms & conditions to the same extent and condition as other official business documents originated and/or maintained in printed form.
Changes to Terms
It is at the sole discretion of Stark’s Mountain Herbs to make changes, edits, or remove any portion of the Terms & Conditions under www.starksmountainherbs.com. Check the most current updated date to determine the most recent version, which will override all previous versions. Users should choose to regularly review and stay familiar with all Terms & Conditions so as not to miss any updates or changes.
Have questions or concerns with Stark’s Mountain Herbs Terms & Conditions? Please reach out.
ADDRESS: PO Box 715 Fryeburg, ME 04037