One Herd™ Website Terms and Conditions
Information and statements concerning the Site Products may not have been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease. The results reported from use of the Site Products, if any, may not necessarily occur in all individuals.
The information presented on the Site is in no way intended as medical advice or as a substitute for medical treatment. Never disregard professional medical advice or delay in seeking professional advice because of something that you have read on the Site. You should always consult with your physician or other healthcare professional before adopting any treatment or using any Site Products. You should always check the ingredients in the Site Products to avoid potential allergic reactions. If you have or suspect that you have an allergic reaction or other adverse health event, promptly contact your health care provider. For any Site Products purchased through the Site, you should carefully read all Site Product packaging and instructions. Site Products should be used in accordance with their instructions and precautions.
One Herd™ is not a covered entity for purposes of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), nor is the information provided by you to One Herd™ considered protected health information under HIPAA. As such, the additional privacy and security protections afforded to consumers/patients under HIPAA are not contemplated by, nor contained within, the Agreement.
1. Scope of Agreement. You agree to the terms and conditions outlined in the Agreement with respect to your use of the One Herd™ Offerings including, but not limited to, your purchase of Site Products. The Agreement constitutes the entire and only agreement between you and One Herd™ with respect to your use of the One Herd™ Offerings and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. Unless explicitly stated otherwise, any future offer(s) or product(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the One Herd™ Offerings shall be subject to the Agreement. You understand and agree that One Herd™ is not responsible or liable in any manner whatsoever for your inability to use the One Herd™ Offerings.
2. Modification of Agreement. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the One Herd™ Offerings. By your continued use of the One Herd™ Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).
3. Requirements. The One Herd™ Offerings are available only to individuals that are at least eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age) and that can enter into legally binding contracts under applicable law. If you are under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age), or cannot enter into a legally binding contract under applicable law, you do not have permission to use the One Herd™ Offerings.
4. Site Forms. In order to: (a) complete the checkout process and obtain the Site Products that you have added to your shopping cart on the Site; and/or (b) open an account as a Member on the Site, you must submit the applicable order form/account registration form (collectively, “Site Form”). One Herd™ reserves the right, in its sole discretion, to deny processing the Site Form of anyone at any time and for any reason, whatsoever. The information that you must supply on the Site in order to obtain Site Products and/or open a Member account may include, without limitation: (i) your full name; (ii) mailing address (and billing address if different); (iii) e-mail address; (iv) telephone number; (v) credit card information including security code; (vi) at your option, your PayPal® account information; and/or (vii) any other information requested by us on the Site Form (collectively, “Registration Data”). You agree to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain it in up to date and accurate fashion.
One Herd™ may reject your Site Form and/or terminate your Member account at any time and for any reason, in its sole discretion. Such reasons may include, without limitation: (A) where One Herd™ believes that you are in any way in breach of the Agreement; and (B) where One Herd™ believes that you are, at any time, conducting any unauthorized commercial activity by and through your Member account.
Please be advised that One Herd™ is not in any way affiliated with PayPal, Inc., and the Site and Site Products are neither endorsed, nor sponsored, by PayPal, Inc. PayPal® is a registered trademark of PayPal, Inc.
5. Site Product Descriptions/Disclaimers. The Site Products are provided by the applicable Product Providers and contain descriptions that are provided directly by such Product Providers. As a result, One Herd™ has no control over: (a) the quality, safety or legality of the Site Products; (b) the truth or accuracy of the descriptions of the Site Products; or (c) the ability of the applicable Product Provider to fulfill the representations made in connection with the description of the subject Site Product(s). Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by One Herd™. One Herd™ does not represent or warrant that the Site Products are safe, legal or of high quality or that descriptions of the Site Products are accurate or complete. Do not assume that the offer, sale, purchase, export or import of any Site Products is valid and legal simply because they are made available in connection with the Site. Warranty claims associated with the Site Products must be communicated to the applicable Product Provider and not to One Herd™. You understand and agree that One Herd™ shall not be liable to you or any third party for, and you hereby release One Herd™ from, any liability associated with, any claim in connection with your use of the Site Products.
The Site Products, including any free samples thereof, are for your personal use only. You may not sell or resell any Site Products that you purchase or otherwise receive from One Herd™. One Herd™ reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of the Agreement, as determined by One Herd™, in its sole discretion. While One Herd™ has tried to accurately display the colors of the various Site Products, the actual colors that you see will depend on the monitor/screen on your personal computer, mobile device or other Site-viewing device, and may not be accurate.
6. Site Product Purchases/Shipping. The products displayed on the Site can be ordered and delivered only within the United States. Upon completing the applicable Site Form associated with the purchase of the Site Products that you have added to your shopping cart and providing the requisite Registration Data: (a) the credit card that you provided on the Site Form (where selected as your preferred payment method); or (b) your PayPal® account (where selected as your preferred payment method) (collectively, “Payment Method”) will be charged the applicable purchase price for the Site Products, plus shipping and handling and applicable sales taxes. All orders in excess of Forty-Nine Dollars ($49.00) to addresses located in the forty-eight (48) contiguous states (including Washington D.C., but excluding Alaska and Hawaii) shall receive free shipping and handling (“Free Shipping Offer”). Please note that where your order qualifies for the Free Shipping Offer, but the initial delivery of the Site Products is returned due to an invalid or incorrect mailing address provided by you during your order, any re-shipment of the Site Products will not qualify for the Free Shipping Offer, and will incur additional shipping and handling charges. We will use commercially reasonable efforts to ship your Site Products within seven (7) days to the shipping address that you provided when placing your order. Once your Site Products’ order ships, you will receive an email with the applicable tracking number so that you can monitor the progress in delivering your order to you.
The fees associated with your purchases will appear on your Payment Method statement through the identifier ONE HERD.
All prices displayed on the Site are quoted in U.S. Dollars, are payable in U.S. Dollars and are valid and effective only in the United States. Failure to use the Site Products does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of One Herd™ in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), One Herd™ reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Site and/or purchase of Site Products after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.
One Herd’s™ authorization to provide and bill for the Site Products is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. One Herd’s™ reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.
7. Refunds/Returns. You may request and receive a refund of amounts paid for any Site Products ordered by completing a qualified return (“Qualified Return”) within thirty (30) days of the date that you received the applicable Site Products (“Return Period”). In order to be considered a Qualified Return, you must: (a) receive prior authorization from our customer service department for the return, including receiving a return merchandise authorization number (“RMA”); (b) return: (i) the unused portion of the Site Products; (ii) all printed material that was included with the delivery of the applicable Site Products, including the packing slip; and (iii) any free gifts provided with the underlying order; and (c) clearly and prominently write the RMA on the outside packaging of the applicable shipment, within the Return Period. In order to obtain an RMA, you must contact customer service at 701-478-7763 within the Return Period. We will pay for the shipping fees on returns if the Site Products were either shipped incorrectly by us, or arrived damaged. All other returns shall be shipped at your cost. All refunds shall be credited to you via the applicable Payment Method. All returns must be shipped to:
Attn: Returns Dept.
502 1st Ave. N.
Fargo, ND 58102
8. Interactive Services.
(a) If your Member Site Form is approved by One Herd™, the Interactive Services will allow you to review Site Products (“Reviews”), as well as participate in blog comments sections, message boards, question and answer areas (“Q&A”) and other interactive areas of the Site. In connection with the Q&A feature, Members can submit questions pertaining to Site Products which may be answered by One Herd™ representatives (“One Herd™ Answers”) or other Members (“Member Answers,” and together with the One Herd™ Answers, the “Answers”).
(b) Each Member shall be solely responsible for the Reviews, Answers comments, opinions, statements, feedback and other content (collectively, “Feedback”) posted by and through the Interactive Services. Members are forbidden from posting website links, buttons, banner ads, co-registration paths, copy or processes for generating actions (“Links”) in any Feedback, and/or advertising of third party products and/or services within the Interactive Services. One Herd™ reserves the right to prohibit any conduct by Members or remove any Feedback from the Interactive Services and/or Site at any time and for any reason, in One Herd’s™ sole discretion. The reasons for removal may include where One Herd™ believes that the Feedback posted by a Member is unsuitable for the Interactive Services and/or Site for any reason including, without limitation, where: (i) the Feedback contains or links to material that could be considered unlawful, harmful, threatening, defamatory, obscene, harassing or otherwise objectionable; (ii) the Feedback contains or links to material that infringes upon the trademark, trade name, service mark, copyright, license, or other intellectual property or proprietary right of any third party; (iii) One Herd™ believes that a Member is, at any time, conducting any commercial activity by and through the Interactive Services; and/or (iv) One Herd™ believes that a Member is in violation of the Agreement including, without limitation, Section 8(c) below. You understand and agree that One Herd™ shall not be liable to you, any other Members or any third party for any claim in connection with your use of the Interactive Services. All One Herd™ Answers and other information presented by One Herd™ by and through the Interactive Services are intended to be used for personal educational and informational purposes only. The Interactive Services contain Feedback that is provided directly by Members. You agree that One Herd™ shall have no obligation and incur no liability to you in connection with any Feedback appearing in or through the Interactive Services. One Herd™ does not represent or warrant that the Feedback posted through the Interactive Services is accurate, complete or appropriate. You understand and agree that One Herd™ is not responsible or liable in any manner whatsoever for your inability to use the Interactive Services.
(c) As a Member, you agree that you are solely responsible for the Feedback and/or other information that you publish, transmit and/or post through the Interactive Services. You agree to use the Interactive Services in full compliance with all applicable laws and regulations. In connection with your use of the Interactive Services, you agree not to: (i) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (ii) display any audio files, text, photographs, videos or other images containing confidential information; (iii) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community, as defined under applicable law; (iv) impersonate any person or entity; (v) “stalk” or otherwise harass any person; (vi) engage in unauthorized advertising to, or commercial solicitation of, Site-visitors or other Members; (vii) transmit any chain letters, spam or junk e-mail to other Members; (viii) express or imply that any statements you make are endorsed by One Herd™; (ix) harvest or collect personal information of Site-visitors, Product Providers or other Members whether or not for commercial purposes, without their express consent; (x) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; (xi) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (xii) remove any copyright, trademark or other proprietary rights notices contained on the Site; (xiii) interfere with or disrupt any of the One Herd™ Offerings and/or the servers or networks connected to same; (xiv) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xv) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; (xvi) “frame” or “mirror” any part of the Site; (xvii) use metatags or code or other devices containing any reference to the One Herd™ Offerings in order to direct any person to any other website for any purpose; and/or (xviii) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the One Herd™ Offerings or any software used on or in connection with same. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your Member account without notice, in the sole discretion of One Herd™. One Herd™ reserves the right to pursue any and all legal remedies against Members that engage in the aforementioned prohibited conduct.
9. License Grant. As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the One Herd™ Offerings, and associated content (“Content”). One Herd™ may terminate this license at any time for any reason. Unless otherwise expressly authorized by One Herd™, as a visitor to the Site, you may only use the One Herd™ Offerings and Content for your own personal, non-commercial use. No part of the One Herd™ Offerings including, but not limited to, the Content, may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect Content or data from the One Herd™ Offerings except as expressly permitted by One Herd™. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the One Herd™ Offerings, Content and/or any portion thereof. You may not create any “derivative works” by altering any aspect of the One Herd™ Offerings or Content. You may not use the One Herd™ Offerings and/or Content in conjunction with any other third-party content. You may not exploit any aspect of the One Herd™ Offerings and/or Content for any commercial purposes not expressly permitted by One Herd™. You further agree to indemnify and hold harmless One Herd™ for your failure to comply with this Section 9. One Herd™ reserves any rights not explicitly granted in the Agreement.
10. Proprietary Rights. The Content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the One Herd™ Offerings are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the One Herd™ Offerings and/or Content is strictly prohibited. You do not acquire ownership rights in or to any Content, document, software, services or other materials viewed by and through the One Herd™ Offerings. The posting of information or material by and through the One Herd™ Offerings does not constitute a waiver of any right in or to such information and/or materials. The “One Herd” name and logo are trademarks of ONE HERD, LLC All Site Product trademarks, brand names, custom graphics, icons and service names are the intellectual property of their rightful owners including, without limitation, the applicable Product Providers. The use of any One Herd™ trademark without One Herd’s™ express written consent is strictly prohibited. The use of any third party trademark without that party’s express written consent is strictly prohibited.
11. Copyright Policy/DMCA Compliance. One Herd™ reserves the right to terminate the Member account of any Member who repeatedly infringes upon third-party copyright rights. If you believe that a copyrighted work has been copied and/or posted via the Site and/or other One Herd™ Offerings in a way that constitutes copyright infringement, you should provide One Herd™ with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Site (or otherwise) of the copyrighted work that you claim has been infringed upon; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for One Herd’s™ Copyright Agent for notice of claims of copyright infringement is as follows:
Attn: DMCA/Copyright Agent
502 1st Ave N First Floor
Fargo, ND 58102
12. Legal Warning. Any attempt by any individual, whether or not a One Herd™ customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site is a violation of criminal and civil law and One Herd™ will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
13. Indemnification. You agree to indemnify and hold One Herd™, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the One Herd™ Offerings; (b) your breach of the Agreement; (c) any dispute between you and any Product Provider; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section 13 are for the benefit of One Herd™, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
14. Disclaimer of Warranties. THE ONE HERD™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, ONE HERD™ MAKES NO WARRANTY THAT THE ONE HERD™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL RESULT IN ANY SPECIFIC SKINCARE OR BEAUTY BENEFIT OR OTHER HEALTH-RELATED OUTCOME; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE ONE HERD™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED THERETHROUGH MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. ONE HERD™ WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ONE HERD™, ANY PRODUCT PROVIDER, OTHER MEMBER OR OTHERWISE THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
15. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ONE HERD™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ONE HERD™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE ONE HERD™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; (D) THE FAILURE TO REALIZE ANY SPECIFIC SKINCARE OR BEAUTY BENEFIT OR OTHER HEALTH-RELATED OUTCOME; AND (E) ANY OTHER MATTER RELATING TO THE ONE HERD™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE ONE HERD™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF ONE HERD™ TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE ONE HERD™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE, MAY BE BROUGHT BY YOU OR ONE HERD™ MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ONE HERD™. ACCESS TO THE ONE HERD™ OFFERINGS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS ONE HERD’S™ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
16. Third Party Websites. The Site contains links to other websites on the Internet that are owned and operated by third parties including, without limitation, Product Providers. One Herd™ does not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by One Herd™ of the applicable website or any association with the website’s operators. Because One Herd™ has no control over such websites and resources, you agree that One Herd™ is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that One Herd™ shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
17. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.
19. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the One Herd™ Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York, New York, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be requested by emailing us at firstname.lastname@example.org. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, you must submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against One Herd™ and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that One Herd™ incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
20. Miscellaneous. To the extent that anything in or associated with the One Herd™ Offerings is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
21. Contact Us. If you have any questions about the Agreement, One Herd™ Offerings or the practices of One Herd™, please feel free to contact us via mail at: OneHerd.com, 502 1st Ave N First Floor Fargo, ND 58102; call us toll free at: 1-701-478-7768; or e-mail us at: email@example.com