Terms and Conditions of Use
 

Welcome to our website. We at Crane Herb Company, Inc., Crane Herb Pharmacy, Inc. and Crane-West Herb Pharmacy, Inc. (collectively, "Crane Herb") thank you for your interest in our company and products.

The following are the terms of a legal agreement between you and Crane Herb. By accessing, browsing, and/or using this website ("Site"), you acknowledge that you have read, understood and agree to be bound by these terms and to comply with all applicable laws and regulations, including United States Copyright and Trademark laws. If you do not agree to these terms, please do not use this site.

This site is operated by Crane Herb from its offices in Mashpee, Massachusetts. Crane Herb makes no representations that materials in this Site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Crane Herb reserves the right to alter or amend the terms of this agreement at any time and your continued usage of the Crane Herb website ("Crane Herb Site," or the "Site,") will mean you accept those changes.

TABLE OF CONTENTS

THIS SITE DOES NOT PROVIDE MEDICAL ADVICE
USE OF CONTENT
LIABILITY OF CRANE HERB
USER SUBMISSIONS
USERNAMES AND PASSWORDS
MEMBER AREAS
LINKS TO OTHER SITES
INDEMNITY
GENERAL
JURISDICTION
COMPLETE AGREEMENT

THIS SITE DOES NOT PROVIDE MEDICAL ADVICE

The contents of the Crane Herb Site, such as text, graphics, images and information obtained from its suppliers, and other material contained on the Crane Herb Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Crane Herb cautions every individual to always seek the advice of his or her licensed health practitioner or physician with any questions regarding a medical condition, and to never disregard professional medical advice or delay in seeking it because of something appearing on the Crane Herb Site. Reliance on any information provided by Crane Herb, its employees, others appearing on the Site at the invitation of Crane Herb, or other visitors to the Site is solely at the user’s own risk.

USE OF CONTENT

This web site is provided for your personal, non-commercial use only. By using this site, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any information accessed through this web site.

Crane Herb authorizes you to view or download a single copy of the material on the Crane Herb Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright (c) 2002, Crane Herb Company, Inc. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Crane Herb Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.

The Content is protected by copyright under United States laws. Title to the Content remains with Crane Herb. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Crane Herb. All rights not expressly granted herein are reserved to Crane Herb. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

LIABILITY OF CRANE HERB

The use of the Crane Herb Site and the Content is at your own risk. When using the Crane Herb Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Crane Herb and its suppliers. Accordingly, Crane Herb assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Crane Herb Site.

CRANE HERB AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

Without limiting the foregoing, Crane Herb and its suppliers make no representations or warranties about the accuracy, reliability, completeness or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Crane Herb Site or Crane Herb.

IN NO EVENT SHALL CRANE HERB, ITS LICENSORS OR ITS SUPPLIERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR PERSONAL INJURY, WRONGFUL DEATH, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTIONS, RESULTING FROM THE USE OF OR INABILITY TO USE THE CRANE HERB SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CRANE HERB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CRANE HERB IS NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY THE USE OR MISUSE OF THE SITE OR THE CONTENT. YOU AGREE THAT THE LIABILITY, IF ANY, OF CRANE HERB OR ITS SUPPLIERS OR LICENSORS, ARISING OUT OF ANY KIND OF LEGAL CLAIM CONNECTED WITH THE SITE OR THE CONTENT SHALL NOT EXCEED THE AMOUNT YOU PAID TO CRANE HERB FOR USE OF THE SITE.

Any claims arising in connection with your use of the Site or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

USER SUBMISSIONS

You agree that you will not upload or transmit any communications or content of any type to the Site that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.

If you make any such submission, you agree that you will not send or transmit to Crane Herb by email, (including through the email addresses listed on the Site) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to by email, you agree such submission is non-confidential for all purposes.

If you make any submission to the Site or if you submit any business information or idea by email, you automatically grant--or warrant that the owner of such content or intellectual property has expressly granted--Crane Herb a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. If you wish to keep any business information, ideas, or inventions private or proprietary, do not submit them to the Site or to Crane Herb by email.

USERNAMES AND PASSWORDS

Crane Herb provides Usernames and Passwords to qualified, licensed health practitioners that allow you to :

  1. Record and store information;
  2. Place Clinic Orders and Patient Prescriptions;
  3. Access the Practitioner Forums;
  4. Access Practitioner pricing information; and
  5. Maintain an Account on the Site.

Your Account is a service that allows you to record limited amounts of information on a voluntary basis on servers maintained by Crane Herb or on its behalf. Your Account is structured to allow access only to visitors with a valid Username and Password.

You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Crane Herb Username, Password or Account. It is your sole responsibility to:

  1. Control the dissemination and use of your Crane Herb Username and Password;
  2. Authorize, monitor and control access to and use of your Crane Herb Username, Password and Account; and
  3. Promptly inform Crane Herb of any need to deactivate a Username and Password.

You grant Crane Herb and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Crane Herb cannot and does not assume any responsibility or liability for any information you submit, including to your Account, transmitted or received using Crane Herb tools and services.

MEMBER AREAS

"Member Areas" are defined as those portions of the Site, including Practitioner Forums, which are accessible only by those to whom Crane Herb has issued a Username and Password.

If you use a Practitioner Forum or other Member Area, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Member Areas. Crane Herb is not responsible for the consequences of any communications in the Member Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your licensed health practitioner, physician or 911 immediately.

In consideration of being allowed to use the Member Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

  1. Using a Member Area for any purpose in violation of local, state, national, or international laws;
  2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
  3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Crane Herb in its sole discretion;
  4. Posting advertisements or solicitations of business;
  5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
  6. Posting chain letters or pyramid schemes;
  7. Impersonating another person;
  8. Distributing viruses or other harmful computer code;
  9. Harvesting or otherwise collecting information about others, including email addresses, without their consent;
  10. Allowing any other person or entity to use your identification for posting or viewing comments;
  11. Posting the same note more than once or "spamming";
  12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Member Area or the Site, or which, in the judgment of Crane Herb, exposes Crane Herb or any of its customers or suppliers to any liability or detriment of any type; or
  13. Posting identifiable patient information.

Crane Herb reserves the right (but is not obligated) to do any or all of the following:

  1. Record the dialogue in any area of the Site;
  2. Investigate an allegation that a communication does not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication;
  3. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions;
  4. Terminate a user’s access to any or all Member Areas and/or the Crane Herb Site, with or without cause, at the sole discretion of Crane Herb;
  5. Monitor, edit, or disclose any communication in the Member Areas; and
  6. Edit or delete any communication posted on the Crane Herb Site, regardless of whether such communication(s) violate these standards.

Crane Herb reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. Crane Herb has no liability or responsibility to users of the Crane Herb Site or any other person or entity for performance or nonperformance of the aforementioned activities. Crane Herb will terminate access to the Site of anyone who repeatedly violates these Terms and Conditions.

LINKS TO OTHER SITES

While we try to include links only to those sites which provide appropriate and relevant information for our visitors, we are not responsible for the content or accuracy of those sites and cannot guarantee that sites will not change without our knowledge. The inclusion of a link in this website does not imply Crane Herb’s endorsement of the site. If you decide to access linked third-party websites, you do so at your own risk.

INDEMNITY You agree to defend, indemnify, and hold Crane Herb, its directors, officers, employees, contractors, agents, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements, loss, cost, injury and damage, including without limitation reasonable legal and accounting fees, resulting from, or alleged to result from your negligent or intentional acts or omissions, or from your violation of these Terms and Condition.

GENERAL

Crane Herb is based in Mashpee, Massachusetts in the United States of America. Crane Herb makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Crane Herb Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms and Conditions for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.

JURISDICTION

You expressly agree that exclusive jurisdiction for any dispute with Crane Herb, or in any way relating to your use of the Crane Herb Site, resides in the courts of the Commonwealth of Massachusetts and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Massachusetts in connection with any such dispute including any claim involving Crane Herb or its directors, officers, employees, agents, contractors, suppliers, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

COMPLETE AGREEMENT

Except as expressly provided in a particular "legal notice" on the Crane Herb Site, these Terms and Conditions and the Crane Herb Privacy Policy and Agreement constitute the entire agreement between you and Crane Herb with respect to the use of the Crane Herb Site, and Content.

Thank you for your cooperation. We hope you find the Crane Herb Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be directed by email to info@craneherb.com or via U.S. mail to Crane Herb Company, 745 Falmouth Road, Mashpee, MA 02649. We try to answer every email in a timely manner, but are not always able to do so.

 
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