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PLEASE READ CAREFULLY BEFORE PROCEEDING TO ACCESS AND USE THIS SITE.
Meridian Herbs, dba Kamwo Herbs (hereinafter noted as “Kamwo”), its affiliates, successors or assigns, sets forth the following terms and conditions for use of this site. 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 agreement to these terms and conditions. Kamwo reserves the right to change the terms and conditions periodically without notice and for no reason stated. These are the exclusive terms and conditions for use of this site; no other terms and conditions apply. If you do not agree to these terms, please do not use this site.
Kamwo confidently believes in the safety and worth of our products. However, we cannot guarantee any health claims, imply cure, or guarantee any outcomes or timing of results. The information, products, and services made available on this site are not intended for use in the diagnosis or treatment of any medical condition or as a substitute for consulting a licensed health care professional. Said products should only be used under the direction and supervision of a qualified health care professional. No medical claims are intended or implied for any products sold. Kamwo 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.
Privacy Statement
Kamwo respects your privacy. Please review our Privacy Statement, herein incorporated. Kamwo reserves the right to monitor and investigate all use of this site, without notice, for violations of law and/or violations of these Terms and Conditions.
Limited Right to Access and Use this Site
You may access and use this site only for the lawful purposes intended by Kamwo 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.
Information on Site
Any information provided or advertised by this site is for informational purposes only. Kamwo make no representations about the suitability of the content contained herein for any purpose. All content is provided "as is" without warranty of any kind. The content may include technical inaccuracies or typographical errors. Changes are periodically added to the information herein.
Kamwo shall not be liable for any incidental, special, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data, or profits, whether in an action or contract, negligence or other tortious action, arising out of or in connection with the use of this site, the performance of software, documents, provision of, or failure to provide services.
Transactions
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 this 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 Kamwo.
- Pricing and availability
Prices and availability of products may change periodically and without notice. Kamwo makes no guarantee or warranty that any product will be in stock.
- Restrictions and Information
Some products may only be purchased by qualified health care practitioners, qualified health care students, qualified health care facilities (e.g., pharmacies, medical clinics, and hospitals). Other restrictions may apply.
You agree that all information provided by you to Kamwo will be accurate and truthful.
You agree that you will notify Kamwo 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 Kamwo or to prescribe the purchase of Kamwo products by others.
Kamwo reserves the right to limit, suspend, or terminate access and use of this site (in whole or in part) by any or all persons and entities at any time, without notice and for no reason stated, as Kamwo may decide in its sole discretion. Kamwo 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.
- Ordering and Payment
Orders are typically filled within 1-2 business days. If for any reason the processing of your order is delayed, we will contact you as soon as possible. While we always try to ship complete orders, occasionally back orders do occur. We will always notify you when a back order occurs. Short-term back orders (less than one week) will be filled as soon as they become available. If an item is on long-term back order it will need to be reordered and may take longer to obtain.
Payment may be made by Visa, MasterCard, Discover, and American Express. A 1.5% finance charge may be applied to overdue invoices.
- Shipping
We offer FREE UPS Ground Shipping for granule orders over $200.00 in the contiguous United States; some restrictions apply. For all other orders, UPS Next Day, 2 Day, and 3 Day Select shipping are available for your convenience. Cost is dependent on shipping class and package size. Real-time shipping quotes are an estimate and may vary for some products. USPS (United Stated Postal Service) may be available for some orders weighing less than one pound.
- Discounts
Practitioner discounts do not apply to institutions.
Indemnification
It is understood that any access and use of this website, its contents, information, products or services provided on this site are at your own risk.
- Consumers
You acknowledge that before you use or consume any Kamwo product, it is your sole responsibility to consult with a qualified health care professional regarding said products use, application, safety, instructions for use, effectiveness or any relevant information pertaining to said use.
You acknowledge and agree that the application or use of any product (including, but not limited to, herbal and other botanical products) involves unforeseeable risks and uncertainties including, and without limitation, the risks of:
- varied individual response
- interactions with other herbal and botanical products, and drugs
- other general and individual health risks and conditions
You agree to release, indemnify, and hold harmless Kamwo and its directors, officers, employees, representatives, affiliates, and sponsors, and their successors and assigns from any or all causes of action and consequences, liability, losses or damages, including, but not limited to personal injury to you or others, arising from or related to the application or use (or misuse/misapplication) of any products or information obtained by you, directly or indirectly, from Kamwo, its representatives, affiliates, sponsors, suppliers, successors or assigns.
- Professionals
Prior to prescribing any Kamwo product, you agree to release, hold harmless Kamwo, its directors, officers, employees, representatives, affiliates and sponsors and their successors and assigns from any or all causes of action and consequences, liability, losses or damages, including, but not limited to personal injury to you, patients, or others, arising from or related to the application or use (or misuse/misapplication) of any Kamwo products or information obtained by you, directly or indirectly, from Kamwo, its representatives, affiliates, sponsors, suppliers, successors or assigns, and prescribed or provided by you to yourself or to another.
Kamwo specifically makes no claims or warranties as to the worth or services provided by practitioners whose profiles or information may appear on the site, or of practitioners who may use services on the site. Any interactions between those professionals and patients is recognized as being within the professionals’ sole responsibility and professionals agree to hold Kamwo, its representatives, affiliates, sponsors, suppliers, successors or assigns, harmless from any possible claims that could arise from said interactions.
Disclaimers of Warranties
Except as set forth in writing by Kamwo, this site and all it content, products and services are provided “as is” without warranties of any kind regarding the access and use of this site, or any of its information, content, products or services. Kamwo further expressly disclaims any representations and warranties relating to product descriptions and ingredients, recommendations of health care professionals, product use, safety or effectiveness.
The purchaser accepts full responsibility for the safe and proper use of these products and agrees to indemnify and hold harmless Kamwo, its representatives, officers, directors, employees, sponsors, vendors, successors and assigns, affiliates, and manufacturers harmless from any claims made pursuant to against these products or their ultimate use.
While certainly proceeding with all due diligence, Kamwo does not warrant that all information on this site will always be accurate, complete, current or error free. Kamwo does not warrant or guarantee uninterrupted access or use of this website or that said use will be without errors, that defects or problems will not exist, or that this site will be completely free of viruses or other problems.
Limitation of Liability
Neither Kamwo nor its directors, officers, employees, representatives, affiliates, sponsors, vendors, or any other party associated with 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 relating to the access or use, or inability to use or access this website or any product or service made available via this site.
In the event of a cause of action, you agree hereby to arbitration on the issue, at the discretion of Kamwo.
Ownership, Copyright and Trademarks
- Site and Content.
This website and its contents belong exclusively to Kamwo, its sponsors, and business affiliates, and to our 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 not use content of any kind from this site without the express written consent of Kamwo.
- 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 Kamwo, its sponsors and 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 Kamwo at this site, by email, by phone, by written correspondence or otherwise (hereinafter "Submission") is non-confidential and becomes the sole and exclusive property of Kamwo. Kamwo 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 Kamwo’s use of the Submission (as submitted) will not violate any third party's rights. Kamwo is under no obligation to accept, respond to, or use any Submission.
Information regarding prescriptions or treatment that is communicated with regard to patients will not be shared except as is necessary for the processing of orders and transactions as required in the process of transacting business. See "Privacy Policy".
Linking to Third-Party Sites
This site may contain links to other, third-party websites (i.e., sites not owned or controlled by Kamwo). 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. Kamwo is not responsible for the content of or any links contained on any other website. Your access or use of any third party website linked from Kamwo's website is at your own risk, and under no circumstances will Kamwo be held responsible or liable, directly or indirectly, for and damage or loss of any kind, in connection with your use or reliance on any information, products or services of any other site.
Linking to this Site
Kamwo does not generally object to links to its home page 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 “Kamwo” or the plain text version of the site name ("kamwo.com"). No content from this site may be incorporated into the third-party site by any means (e.g., by in-lining or framing). No Trademark of this 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. Kamwo will not agree to or tolerate links from any obscene, scandalous, profane, defamatory, or unlawful sites, or any site that may adversely affect its good name, reputation, and its goodwill, as Kamwo shall determine in its sole discretion. Kamwo reserves the right to cancel permission to link to this site at any time, for any reason, in its sole discretion.
Governing Law and Jurisdiction
Except otherwise expressly provided, the laws of the State of New York (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these Terms and Conditions of Use and the other Site Policies, including, without limitation, their validity, interpretation, construction, performance, and enforcement. Except otherwise expressly provided, all legal proceedings arising out of or in connection with these General Terms and Conditions of Use and the other Site Policies shall be brought solely in the City of New York, State of New York.
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
Kamwo 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 or this posting.
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.
Consent to Electronic Records
You agree by the use of this site to 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 above, do not continue to access and use this site, or proceed with any transaction that may require an electronic record to carry out the activity.
Complete Agreement
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 Kamwo regarding the access and use of this site, its content, and related products and services. Unless expressly agreed to in a signed writing by Kamwo, these Terms and Conditions shall prevail over any other conflicting or additional communication between you and Kamwo or its representatives, employees, affiliates, sponsors, and vendors.
