Untitled Document

Dominion Herbal
Terms of Use

READ THE FOLLOWING TERM AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
BY USING OR ACCESSING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE ("AGREEMENT"),
AND THAT YOU ACCEPT AND WILL BE BOUND BY THE AGREEMENT.

2.TRADEMARK NOTICE
"Dominion Herbal, Inc.", "Dominion Herbal", the Dominion Herbal, Inc. logo, and "Dominion Herbal.com" are trademarks and/or service marks of Dominion Herbal or Others. For
additional information on Dominion Herbal trademarks and service marks, please see www.Dominion Herbal.com/trademarks.cfm. Unless
otherwise noted on the Site, all other trademarks, service marks, and logos used in this Site are the trademarks, service
marks or logos of their respective owners.

3.LICENSE GRANT & OWNERSHIP BY Dominion Herbal
a.License. Subject to the terms and conditions of this Agreement, and until termination of the Agreement, Dominion Herbal grants
you a non-exclusive, non-transferable, limited license to view or print the Content in this Site without alterations, for
personal, non-commercial use only. This limited license does not apply to any media or platform other than that of the
current Site.
b.Ownership. All Content on the Site is (and shall continue to be) owned exclusively by Dominion Herbal or Others, and is
protected under applicable copyrights, patents, trademarks, trade dress, and/or other proprietary rights, and the
copying, redistribution, use or publication by you of any such Content or any part of the Site is prohibited. Under no
circumstances will you acquire any ownership rights or other interest in any Content by or through your Site Use.

4.RESTRICTIONS ON USE
a.Prohibited Acts. Concerning your Site Use or any Content, you agree not to knowingly: (i) use any device, software
or technique to interfere with or attempt to interfere with the proper working of the Site; (ii) post or transmit to the
Site any unlawful, fraudulent, harassing, libelous, or obscene Information of any kind; (iii) post or send to the Site
any Information that contains a virus, bug, or other harmful item; (iv) publish, perform, distribute, prepare derivative
works, copy, reverse engineer, or use the Content (other than as expressly permitted herein); (v) post or transmit
into or on the Site any Information in violation of another party's copyright or intellectual property rights; (vi) take any
action which imposes an unreasonable or disproportionately large load on Dominion Herbal's infrastructure; (vii) redeliver any
of the Content using "framing", hyperlinks, or other technology without Dominion Herbal's express written permission; or, (viii)
use any device or technology to provide repeated automated attempts to access password-protected portions of
the Site.
b.Right to Regulate &: Law Compliance. You acknowledge that Dominion Herbal has the right, but no obligation, to monitor the Site
and to disclose any Information necessary to operate the Site, to protect Dominion Herbal, Others, and Dominion Herbal's customers, and
to comply with legal obligations or governmental requests. Dominion Herbal reserves the right to refuse to post or to remove
any Information on the Site, in whole or in part, for any reason. Law Compliance. You agree to comply with all
governmental laws, statutes, ordinances, and regulations (including unfair competition, anti-discrimination or false
advertising) regarding your Site Use.

5.YOUR SITE USE ACTIVITIES
Password-Protected Areas. If you are allowed access to password-protected areas of the Site, you agree to keep your
password confidential, to send Notice to Dominion Herbal within 24 hours if your password is compromised. You acknowledge that
Dominion Herbal neither endorses nor is affiliated with any Linked-Site and is not responsible for any information that appears on the
Linked-Site. You acknowledge that (i) the internet is a network of computers worldwide, and that any Information submitted
by you to Dominion Herbal necessarily is routed via third party computers to Dominion Herbal, (ii) Dominion Herbal is not responsible for lapses in online
security and does not assume liability for improper use of your Information by a third party.

6.SUBMISSIONS OF INFORMATION BY YOU
Grant of License to Dominion Herbal. If you submit Information to the Site, you grant Dominion Herbal a nonexclusive, worldwide, royalty-free
license to (in any media now known or not currently known or invented) link to, utilize, use, copy, exploit, and prepare
derivative works of the submitted Information. No Information you submit shall be deemed confidential. However, Dominion Herbal
agrees to use your Information in accordance with Dominion Herbal's Privacy Policy applicable to personally identifiable user data. YOU
RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY
INFORMATION YOU SUBMIT TO Dominion Herbal.

7.APPLICABILITY & COOPERATION
Dominion Herbal reserves the right to limit the provision of any product or service to any person, geographic area or jurisdiction as it so
desires, or as required by law. Dominion Herbal in its sole discretion may add, delete or change the Content at any time, without notice
to you.

8.RESTRICTED RIGHTS & EXPORT CONTROLS
Government Use. The software and documentation available on the Site are "commercial items," as that term is defined in 48
C.F.R. 2.101 (October 1995), consisting of "commercial computer software" and related documentation, as such terms are
used in 48 C.F.R. 12.212 (September 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4
(June 1995), all U.S. government end users acquire the software and documentation with only those rights set forth herein.
You acknowledge and agree to comply with all U.S.and Canadian laws, regulations and requirements applicable to the export of U.S. origin
products and technology.

9.LIMITED WARRANTY AND DISCLAIMER
a.DISCLAIMER OF WARRANTY. Dominion Herbal AND ALL CONTENT PROVIDERS MAKE NO REPRESENTATION ABOUT THE
SUITABILITY OF THE CONTENT HEREON. THIS SITE, AND ACCESS TO ANY LINKED-SITE, IS PROVIDED TO YOU BY
ALL CONTENT PROVIDERS "AS IS" AND "AS AVAILABLE", WITH NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. YOU HEREBY
DISCLAIM ALL WARRANTIES BY Dominion Herbal RELATING TO YOUR SITE USE. YOU ACKNOWLEDGE THAT YOUR
ACCESS TO THE SITE WILL NOT BE FREE OF INTERRUPTIONS, THAT THE INFORMATION HEREIN MAY CONTAIN
BUGS, ERRORS, TECHNICAL INACCURACIES, PROBLEMS OR OTHER LIMITATIONS, AND THAT THE SITE MAY BE
UNAVAILABLE FROM TIME TO TIME. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR SITE USE AND
SITE-RELATED SERVICES.
b.LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL ANY OF THE CONTENT PROVIDERS BE LIABLE OR
RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF
BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES,
UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE
CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR
DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE. You may have
additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied
warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations
in this Agreement that directly conflict with such laws may not apply to you.

12.MISCELLANEOUS
a.Location & Interpretation. The language in this Agreement shall be interpreted as to its fair meaning and not strictly
for or against any party.
b.Equitable Relief. You acknowledge that any breach by you of the provisions of the Agreement will cause irreparable
damage to Dominion Herbal or Others and that a remedy at law will be inadequate. Therefore, in addition to any and all other
legal or equitable remedies, Dominion Herbal and Others will be entitled to injunctive relief for any breach of this Agreement.
c.Severability. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of
competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent
necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
d.Complete Integration. This Agreement constitutes the entire agreement between you and Dominion Herbal pertaining to the
subject matter hereof. You agree to review this Agreement prior to any Site Use, and each Site Use by you shall
constitute and be deemed your unconditional acceptance of this Agreement. This Agreement may be prospectivly
modified by Dominion Herbal, by posting a revised Agreement on the Site.
e.Termination. The Agreement may be terminated by either Party, in its sole and absolute discretion, at any time and for
any reason (with or without cause), with or without notice. If the Agreement is terminated, you agree to cease all
Site Use and, upon request by Dominion Herbal, to return all Information in your possession relating to the Site, and all copies
thereof.
f.Survival of Certain Provisions. Any and all provisions or obligations contained in this Agreement which by their
nature or effect are required or intended to be observed, kept or performed after termination of this Agreement will
survive the termination of this Agreement and remain binding upon and for the benefit of the parties, their
successors and permitted assignees.
g.Waiver. No delay or omission to exercise any right or remedy accruing to Dominion Herbal upon any breach or default by you
shall constitute a waiver by Dominion Herbal of any breach or default.
h.Headings. All article or section headings, or exhibit names, are for reference and convenience only and shall not be
considered in the interpretation of the Agreement.
i.No Agency. You and Dominion Herbal are independent contractors, and no agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
j.Conflicts. If this Agreement conflicts with a provision of any other contract between you and Dominion Herbal relating to the
Site, the provision in such other Agreement shall govern.

13.GLOSSARY
The following terms, when used in this Agreement, shall have the following meanings.
"Content". The term "Content" means all Information, data, or other material, in any form or media, contained in, obtained from,
or relating to the Site, including all results obtained from the Site.
"Content Providers". The term "Content Providers" means both Dominion Herbal and Others.
"Information". The phrase "Information" includes all data, information, documents, files, personally-identifying information, and
software disclosed by one party to the other in connection with the Site or your Site Use.
"Linked-Site". A "Linked-Site" means any internet site (including all information, data, and content thereon) that is linked to the
Site, but not owned by Dominion Herbal.
"Notice". The phrase "Notice" refers to the sending of Information by you to Dominion Herbal via certified mail, return receipt requested,
to Dominion Herbal at the address noted in section 10 above.
"Others". The terms "Others" means Dominion Herbal's direct or indirect licensors, Dominion Herbal's affiliates, or other contributors to the Site
(other than Dominion Herbal).
"Privacy Policy". The phrase "Privacy Policy" refers to Dominion Herbal's official published privacy policy, if any, describing Dominion Herbal's
intended uses of your personally identifiable Information.
"Site". The term "Site" means any Dominion Herbal internet site, page (and all sub-pages), uniform resource locator ("URL"), domain
location, and all Information and Content thereon.
"Site Use". The term "Site Use" means your use of or access to the Site.

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