Terms of service

 

Terms of Use

Last Updated: April 15, 2019


Agreement to Terms

Since the beginning of our time on this planet, life has been stressful.  We believe our organic herbs help maintain a healthy balance and overall wellness.  Since the beginning of our business online, we have maintained Terms of Use (“Terms of Use”) to communicate the nature of the ecosystem under which we operate.  Thus, we ask that you read these Terms of Use carefully as it is a legal agreement between you and Oregon's Wild Harvest, Inc. (“OWH,” “we,” “us,” or “our”) that governs your use of OWH’s website (the “Website”) and purchase of products from OWH.

By purchasing products or otherwise accessing the Website, you signify that you have read, understand and agree to be bound by these Terms of Use, whether or not you are a registered user.

You agree to our use of your personal information in accordance with our Privacy Policy, which is available at https://oregonswildharvest.com/privacy. You use of the Website is subject to the Privacy Policy.

Arbitration Notice

Unless you opt out of arbitration within 30 days of the date you first agree to these terms by following the opt-out procedure specified in the “Arbitration Agreement and Class Action Waiver” section below, you agree that most disputes between you and OWH will be resolved by binding, individual arbitration, and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

No Medical Advice

On the Website, we share information about our experiences with herbs.  You may also see information relating to other people’s experience with natural herbs.  Please be advised this Website is not intended to provide medical advice, diagnosis, or treatment. The products, information, services and other content provided on and through the Website (including information that may be linked to third-party sites by a healthcare or nutrition professional, such as Healthnotes®) are provided for informational purposes only.  We strive to inform you about our herbs, laboratory practices, and purity standards that go into our products, but only you can decide how our products affect you (every person may react differently).  But to be clear, nothing contained on the Website or in a response to your inquiries is intended to be a medical diagnosis or treatment plan. You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment.

If you suspect you have a medical problem, or if you have any health-related questions, please consult with your physician or other health care provider. You should also consult your healthcare provider about any interactions between any medication you are currently taking and nutritional supplements.

The products and the claims made about specific products on or through this Website have not been evaluated by the U.S. Food and Drug Administration and are not intended to diagnose, treat, cure or prevent disease. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product.

Changes to the Terms of Use

Like our fields, our business continues to grow and evolve.  Accordingly, we have the right to change the Terms of Use at any time. If we change the Terms of Use, we’ll let you know either by posting the modified Terms of Use on our Website or by communicating with you directly.

We agree to post a notice of the changes in the footer of our website, and the changes will be effective 30 days after posting the notice. Your continued use of the Website will be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use the Website.

Because we constantly improve the Website, we may change or discontinue any part of the Website, at any time and without notice.

Registering for an Account

You must be at least 18 years old to order products from the Website. When ordering products, you may register an account or checkout as a guest. Registering an account allows you to check order status and view previous orders.

Please provide accurate and complete information when creating your account and for the duration that you use the Website. You’re responsible for all activities that occur under your account, whether or not you know about them.

Forgot your password? Use this URL: https://oregonswildharvest.com/account.

Ordering, Shipping, and Returns

Orders

All online orders will be shipped within three business days of receipt, unless your requested product is temporarily out of stock.

Shipping

All orders will be charged shipping rates based on your zip code, weight and your selection of shipping options. You are responsible for all shipping charges unless a promotion applies.


    1. All online orders placed via the Website exceeding $50 will receive FREE economy shipping within the contiguous U.S. (excluding HI, AK and other US Territories).

    1. A subtotal of $50 must be reached after discounts and before sales tax is calculated. 

    1. You may choose to pay for faster delivery options instead of the free economy shipping.

    1. Oregon's Wild Harvest reserves the right to change this promotion at any time.

Tracking Your Package

Tracking information will be sent via email when the package is shipped.  Please remember, a USPS tracking number is only valid to your local post office, and not to your door.  Please contact us immediately if you think your shipment is lost, or if you have not received a tracking number within one week of placing your order.

International Shipments

We currently do not ship outside of the U.S.  Please check back in the future, to see if our policies have changed.

Receiving Your Order

Please open your order soon after arrival to verify your order was shipped to your satisfaction. If your shipment contained multiple boxes, you will receive multiple tracking numbers via email. Make sure you receive ALL of your boxes. Please contact us immediately via email at weborders@owharvest.com or call us at (800) 316-6869 if there is an error with your order, or if any products arrive damaged.

Automatic Reorder / Subscribe & Save

When you place your order, our Website allows you to select an “Automatic Reorder.” If you select this option, you are consenting to OWH billing your credit card for the amount owed for the products and any applicable taxes or shipping fees at each interval of your choosing.

At any time, you may cancel your subscription by contacting us and indicating which recurring orders you would like to discontinue:

Toll-Free Telephone Number: (800) 316-6869

Email address: weborders@owharvest.com

Or online at: https://www.oregonswildharvest.com/pages/customer-service

Limited Warranty and Returns

Our goal is always 100% satisfaction!  We are thankful that you've chosen Oregon's Wild Harvest, and guarantee you'll be happy with your purchase from our Website.  If, for any reason, you are not completely satisfied, you may request to return your order within 60 days of the order date for a comparable replacement or qualified refund.  This warranty only covers purchases made on our Website, not purchases from third party resellers.

If you purchased a product from one of our resellers, please contact that seller with any questions or return requests.

Return Address

To request a return, please contact us at (800) 316-6869 or weborders@owharvest.com. You are responsible for all shipping charges associated with returning your product.

Oregon’s Wild Harvest  
1601 NE Hemlock Avenue  
Redmond, OR 97756  

This warranty gives you specific legal rights, and you may also have other rights, which vary from state to state.

Intellectual Property

All materials included on the Website, such as product images and information, videos, graphics, articles and reports, and the software powering the Website (“Materials”), are the property of OWH or its licensors. The Materials are protected by copyright, trademark and other intellectual property laws.

OREGON’S WILD HARVEST®, HAPPYBITTERS®, TUMERIPRO® and other trademarks and logos that we use are trademarks of OWH. Any third-party trademarks that appear on the Website are the property of their respective owners. You may not use any of these trademarks without express written permission from OWH or their owners.

Limited License

So long as you comply with these Terms of Use, you may access the Website and view the Materials for non-commercial purposes. You may download and print a reasonable number of the Materials for your personal use only. You may not use, download, print, copy, distribute, or modify Materials for any other purpose.

License Restrictions

Your right to use the Website is conditioned on compliance with these Terms of Use and applicable laws. You may not (and you may not permit anyone else to):


    • Use any manual process or robot, spider, scraper, or other automated means to collect information from the Website or from other Website users;

    • Use the Materials or other data or information from the Website for commercial purposes;

    • Mirror any Materials contained on the Website or any OWH server or use framing techniques to enclose the Website or any part of the Website;

    • Circumvent any of the technical limitations of the Website;

    • Interfere with or prevent access to the Website by other users, or impose an unreasonable service request or usage load on our infrastructure;

    • Change or remove any copyright, trademark, or other proprietary notices on the Materials or Website;

    • Impersonate any person or entity, misrepresent yourself or your entity, or attempt to use another user’s account without the user’s permission;

    • Use any metatags or any other hidden text incorporating OWH’s name or trademarks in any online site or posting;

    • Solicit, trace or otherwise collect any information from users or visitors of the Website;

    • Use the Website for commercial activities such as contests or advertising; or

  • Create a database by downloading and storing the Materials.

User Feedback and Other Data

Your feedback and Website participation are important to us. With respect to any content you submit or make available to OWH or on the Website (including through social media channels), such as your biography, comments, reviews, pictures, videos and other content (“User Content”), you grant to OWH a non-exclusive, perpetual, worldwide, royalty-free, transferable license to use, copy, distribute, publicly display, modify, create derivative works, commercialize and sublicense User Content for any legal purpose.

In the event that you submit or post any creative suggestions, proposals, or ideas about our products and services (“Feedback”), you agree that Feedback will be treated as non-confidential and you assign all intellectual property rights in Feedback to OWH.

You promise that your User Content and Feedback does not and will not violate these Terms of Use or the rights of any third party, including intellectual property and privacy rights.

Communications

By providing your contact information, you agree to receive certain electronic communications from us. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal notice requirements, including that such communications be in writing. All calls, emails and other communications between you and OWH may be recorded.

Termination; Cooperation with Law Enforcement

If we believe you have violated these Terms of Use or any applicable law, we may terminate your account, block access to or use of the Website, and investigate and suspected violations of these Terms of Use. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Warranty Disclaimer

THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND. YOU USE THE SITE AT YOUR OWN SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO YOUR USE OF THE SITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE.

YOU UNDERSTAND AND AGREE THAT WE DO NOT OFFER MEDICAL ADVICE OR DIAGNOSES OR ENGAGE IN THE PRACTICE OF MEDICINE. THE SITE IS NOT INTENDED TO BE, AND DOES NOT CONSTITUTE, A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT AND ARE OFFERED FOR INFORMATIONAL PURPOSES ONLY. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY HEALTHCARE OR RELATED DECISIONS MADE BY YOU OR YOUR HEALTHCARE PROVIDER BASED UPON INFORMATION ON THE SITE, WHETHER SUCH INFORMATION IS ACCURATE OR INACCURATE.

WITH RESPECT TO PRODUCTS PURCHASED THROUGH THE SITE, WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THE EXPRESS LIMITED WARRANTY DESCRIBED ABOVE UNDER “LIMITED WARRANTY AND RETURNS”.

Limitation of Liability and Damages

THE REMEDIES DESCRIBED ABOVE UNDER “LIMITED WARRANTY AND RETURNS” ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED PRODUCT WARRANTY PROVIDED BY OWH. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OWH, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICES PROVIDERS AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER BASED ON UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY OR ANY OTHER LEGAL THEORY.

IN NO EVENT WILL OWH’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR MATERIALS EXCEED $500.

The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between OWH and you. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnity

You agree to defend and indemnify OWH, its affiliates, licensors and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website.

Arbitration Agreement and Class Action Waiver

Subject to the exceptions described below, all disputes arising out of or related to these Terms of Use or any aspect of your relationship with OWH, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a single arbitrator instead of in a court by a judge or jury. You agree that OWH and you are each waiving the right to trial by a jury. You agree that any arbitration will take place on an individual basis. You hereby waive the ability to participate in a class action. The parties agree that the arbitrator will have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this arbitration agreement.

You and OWH each retain the right to: (i) bring an individual action in small claims court and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of a party’s trade secrets or intellectual property rights.

You will also have the right to litigate any other dispute that would otherwise be subject to this arbitration agreement if you opt out of the arbitration agreement by sending an email to opt-out@owharvest.com  or a letter to Oregon's Wild Harvest, 1601 NE Hemlock Avenue, Redmond, OR 97756 within 30 days after the date you first agree to these Terms of Use. If you don’t provide OWH with a timely opt-out notice, this arbitration agreement applies.

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879). The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties. If the parties are unable to agree on a location, the arbitrator will determine the location. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, OWH will contribute to your filing and hearing fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitrator’s decision will follow the terms of this Agreement (including the Limitation of Liability provision) and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction.

Miscellaneous

    • Survival. The terms that by their nature may survive termination shall remain in effect and survive the termination of these Terms of Use, including without limitation, Content Submitted, Ownership, Indemnity, Warranty Disclaimer, Limitation of Liabilities and Damages and Miscellaneous.

    • Assignment. These Terms of Use are personal to you, the user. You may not assign these Terms of Use or any rights and licenses in these Terms of Use to another party. These Terms of Use may be assigned by OWH without restriction.

    • Limitations on Claims. Any cause of action or claim you may have with respect to OWH or the Website (including without limitation the purchase of products and services) must be commenced within one year after the claim or cause of action arises.

    • No Waiver.  Our failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of that or any other right or provision. Neither the course of conduct between the parties nor trade practice shall modify any of the terms in these Terms of Use.

  • Entire Agreement. These Terms of Use and the Privacy Policy (https://oregonswildharvest.com/privacy) constitute the entire agreement between you and us and govern your use of the Website. These Terms of Use supersede any prior agreements, communications, representations, or understandings between you and us, including without limitation any prior versions of these Terms of Use.

Contact Information

We would love to hear from you.  You may contact us through the webform on the Website, at info@owharvest.com, or at (800) 316-6869 with any questions about the Website or our products.