Terms and Conditions
(Updated as of June 13th, 2023)
OVERVIEW
By visiting our website, yellowemperor.com (“Site”), you agree to be bound by the following terms and conditions (the “Terms and Conditions” or “Terms”). Use of the Site constitutes as your agreement to these Terms & Conditions, so please review this agreement carefully. Please read these Terms carefully before accessing or using our Site. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site. If these Terms are considered an offer, acceptance is expressly limited to these Terms. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
Any new features or tools which are added to the Site shall also be subject to the Terms. The most current version of the Terms can be viewed on this page, and we reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes, and your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes. We may also, in the future, offer new products, services and/or features through the Site that shall also be subject to these Terms.
This Site belongs to SJS Herbal Corporation, an Oregon corporation doing business as Yellow Emperor (“YE”, “Us”, “Our”, “We”). YE may, in its sole discretion and at any time and without notice, modify or discontinue this Site or specific portions of it. The Site and its contents, such as software, graphics, logos, code, text, button icons, images, and audio clips, as well as the compilation of all content on this Site, is the property of YE, or its suppliers and affiliates, and is protected by copyright and other intellectual property laws. Downloading or copying Site materials are permitted for personal use only and no rights are transferred to you. You cannot display, modify, republish, reproduce, or sell the Site or the Site’s content.
SECTION 1 – CODE OF CONDUCT
You will not engage in any unauthorized or illegal activities through the Site, or act in any way to inhibit the Site’s use. This includes, but is not limited to hacking, defacing, phishing, spamming, flooding, and transmitting malicious materials like viruses, worms, time or date bombs, Trojan horses, or any code or viruses of a destructive nature. You will not collect or harvest information about the users of this Site. You will not engage in activities that compromise the Site’s function and structure. A breach or violation of any of the Terms will result in an immediate termination of your use of the Site.
We reserve the right to refuse service to anyone for any reason at any time. Your content may be transferred unencrypted. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or use the Site without express written permission by us.
SECTION 2 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible for whether the information on this Site is accurate, current, or complete. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. Historical information on this Site may not be accurate and is only for your reference. We may alter the contents and information of the Site at any time, but we have no obligation to correct or update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
There may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We may change or update information at any time without prior notice. We have no obligation to update, amend or clarify information on the Site or on any related website, including without limitation, pricing information, except as required by law. Any update or refresh date should not be taken to represent the Site is accurate as of that date.
We reserve the right at any time to modify prices, promotions, and other offers displayed on the Site without notice. We reserve the right at any time to modify or discontinue the Site (or any part or content thereof) without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site.
We have made every effort to display as accurately as possible the colors and images of our products that appear on the Site. We cannot guarantee that your computer monitor’s display of any color will be accurate. Any offer for any product made on this Site is void where prohibited. We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We may discontinue any product at any time without notice. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors on this Site will be corrected.
SECTION 3 – THIRD PARTY TOOLS AND LINKS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. Any access provided by the Site or its services to such tools is “AS IS” and without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion.
Information, content, products and services available via the Site may include materials from third-parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Please direct complaints, claims, concerns, or questions regarding third-party products to the third-party.
We may allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
SECTION 4 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
You agree to grant Us an irrevocable license to use, reproduce, disclose, exhibit, display, perform, modify transmit, transform, create derivative works and distribute to others without limitation any submissions and/or comments you share and send to Us for any purpose, which includes but is not limited to creative ideas, suggestions, feedback, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise. We shall have no obligation to maintain the confidence of any comments or submissions. We shall have no obligation to pay compensation for any comments or submissions, and we shall have no obligation to respond to any comments or submissions. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. You agree that your comments and submissions will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments and submissions will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments or submissions. You are solely responsible for any comments and submissions you make and their accuracy. We take no responsibility and assume no liability for any comments and submissions posted by you or any third-party.
SECTION 5 – PROHIBITED USES
In addition to other prohibitions in the Terms, you may not use the Site or its contents for any unlawful purpose, or to solicit others to perform any unlawful acts. You may not use this Site or its contents to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances or infringe on the third-party rights of others, which includes intellectual property rights. You may not use this Site or its contents to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability. You may not use this Site or its contents to submit false or misleading information or upload or transmit viruses or any other type of malicious code. You may not use this Site or its contents to spam, phish, pharm, pretext, spider, crawl, scrape or collect the personal information of others. You may not use the Site or its contents to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. You may not express or imply that your statement is endorsed by YE or an affiliate, or use this Site to solicit or advertise for businesses or organizations in order to sell products or services. We reserve the right to terminate your use of the Site or any related website for violating the Terms.
SECTION 6 – DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of the Site will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable. We may remove the Site for indefinite periods of time or discontinue the Site at any time without notice to you.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY UNAUTHORIZED ACCESS TO THE SITE AND/OR YOUR PERSONAL INFORMATION. YOU EXPRESSLY AGREE THAT YOUR INABILITY TO USE THE SITE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. IN NO CASE SHALL YE, OUR DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
This disclaimer constituted an essential part of the Terms. In the event this exclusion or the limitation of liability is unlawful, our liability shall be limited to the maximum extent permitted by law. You should use your best judgment and exercise caution where appropriate. Your use of the site and any materials provided through the site are entirely at your own risk.
SECTION 7 – INDEMNIFICATION
You agree to indemnify, defend and Us hold harmless and directors, officers, members, managers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms, the documents they incorporate by reference, your violation of any law or the rights of a third-party, or any activity or omission in connection with the Site.
SECTION 8 – PERSONAL INFORMATION
Any personal information used or collected through the Site is governed by our Privacy Policy. SECTION 9 – CHILDREN’S ONLINE PRIVACY PROTECTION ACT
Under the Children’s Online Privacy Protection Act (“COPPA”), we will not collect data from children 13 years of age or younger. Therefore, by using our Site, you affirm that you are an adult that is at least 18 years old or, a minor that is at least 13 years old and is under the supervision and legal responsibility of a parent or guardian. Children under the age of 13 cannot use the Site. If you are reasonably suspected of being a child younger than the age of 13, your data will be deleted as soon as practical.
SECTION 10 – DMCA TAKEDOWN REQUEST
In accordance with the Digital Millennium Copyright Act, you have the right to submit a takedown request. If you believe any materials on this Site infringe on your copyright, please send us a takedown request. A takedown request must have:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work or works claimed to have been infringed, including the URL
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed and the URL of the page that the material is on.
An address, telephone number, and, if available, an email address at which the party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Any takedown request should be forwarded to: office@yellowemperor.com
SECTION 11 – NO WAIVER
The failure on the part of YE to enforce any part of these Terms and Conditions shall not constitute a waiver of any of Our rights under these Terms and Conditions whether for past or future actions on the part of any person. Neither the receipt of any funds by YE nor the reliance of any person on Our actions shall be deemed to constitute a waiver of any provision of the Terms and Conditions. Only a written waiver signed by an authorized representative of YE shall have the legal effect of waiving any provision contained in these Terms and Conditions.
SECTION 12 – SEVERABILITY
If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed to be severed from these Terms, but such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms and any policies or operating rules posted by us on this Site or in respect to the Site constitutes the entire agreement, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
SECTION 13 – GOVERNING LAW; WAIVER OF JURY TRIAL
These Terms shall be governed by and construed in accordance with the laws of Oregon. You hereby accept and submit to the personal jurisdiction of Oregon courts with respect to any legal actions, suits or proceedings arising out of these Terms and Conditions. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms and Conditions.
SECTION 14 – CONTACT INFORMATION
Questions about the Terms should be sent to us at office@yellowemperor.com
