Welcome to the iHerb family of websites (the "Site") which include our country-specific
websites, mobile websites, mobile apps, blogs and website for programs like iHerb
between iHerb, Inc. (“iHerb”), iHerb’s affiliated companies (together "We", "Us",
or "Our") and each user ("User", "Your" or "You") governing the use by you of the
Site, the iHerb Rewards Program (“Rewards Program”), the iHerb Reviews Program (“Reviews
carefully and fully before using the Site, participating in the Rewards or Reviews
Program, or disclosing to us any personal information.
By using the Site, participating in the Rewards or Reviews Program, or disclosing
to us any personal information: (i) you agree that you have read and understand
the terms of this Agreement, (ii) you accept and agree to be bound by the terms
of this Agreement, and (iii) you accept and agree to abide by all laws and regulations
applicable to the subject matter of this Agreement.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE
THE SITE, PARTICIPATE IN THE REWARDS PROGRAM OR REVIEWS PROGRAM, OR DISCLOSE TO
US ANY PERSONAL INFORMATION.
revised at any time and from time to time in our sole discretion by updating this
posting. You should visit this page from time to time to review the then current
that you accept any changes or modifications to this Agreement. If any modification
is unacceptable to you, your only recourse is to terminate this Agreement by contacting
by legal notices or terms located on particular pages of the Site.
The products and claims made about specific products on or through the Site have
not been evaluated by the United States Food and Drug Administration and are not
approved to diagnose, treat, cure or prevent disease.
The Site is not intended to provide diagnosis, treatment or medical advice. Products,
services, information and other content provided on the Site, including information
that may be provided on the Site directly or by linking to third-party websites
are provided for informational purposes only. Please consult with a physician or
other healthcare professional regarding any medical or health related diagnosis
or treatment options.
Information provided on the Site and linked websites, including information relating
to medical and health conditions, treatments and products may be provided in summary
form. Information on the Site including any product label or packaging should not
be considered as a substitute for advice from a healthcare professional. The Site
does not recommend self-management of health issues. Information on the Site is
not comprehensive and does not cover all diseases, ailments, physical conditions
or their treatment. Contact your healthcare professional promptly should you have
any health related questions. Never disregard or delay medical advice based upon
information you may have read on the Site.
Links to or access from any third party websites or resources is not an endorsement
of any information, product or service. We are not responsible for the content or
performance of any third party websites. Use of any third party websites is at your
You should not use the information or services on the Site to diagnose or treat
any health issues or for prescription of any medication or other treatment. You
should always consult with your healthcare professional and read information provided
by the product manufacturer and any product label or packaging, prior to using any
medication, nutritional, herbal or homeopathic product or before beginning any exercise
or diet program or starting any treatment for a health issue. Individuals are different
and may react differently to different products. You should consult your physician
about interactions between medications you are taking and nutritional supplements.
Comments made in any forums on the Site by employees or Site users are strictly
their own personal views made in their own personal capacity and are not claims
made by us or do they represent the our positions or views. Product ratings by any
current or previous employees or Site users are strictly their own personal views
made in their own personal capacity and are not intended as a substitute for appropriate
medical care or advice from a healthcare professional.
Always check the product label or packaging prior to using any product. If there
are discrepancies, customers should follow the information provided on the product
label or packaging. You should contact the manufacturer directly for clarification
as to product labeling and packaging details and recommended use.
We are not liable for any information provided on the Site with regard to recommendations
regarding supplements for any health purposes. The products or claims made about
specific nutrients or products have not been evaluated by the Food and Drug Administration.
Dietary products are not intended to treat, prevent or cure disease. Consult with
a healthcare professional before starting any diet, supplement or exercise program.
We make no guarantee or warranty with respect to any products or services sold.
We are not responsible for any damages for information or services provided even
if we have been advised of the possibility of damages.
By using our Site, you represent and agree that you are at least 18 years of age
or older and are fully able and competent to enter into the terms, conditions, representations
and warranties set forth in this Agreement; otherwise, please exit the Site. The
Site is not intended or designed to attract users under the age of 18. We do not
collect personal information from any person we know to be under the age of 18.
If you are under the age of 18, you are not permitted to disclose or send to us
any personal information.
The Site is operated from the United States and personal information sent to us
is governed by the privacy policies of the United States. We make no representation
that the Site or its content (including, without limitation, any products or services
available on or through the Site) are appropriate or available for use in other
locations. If you access the Site from outside the United States of America you
do so on your own initiative and must bear all responsibility for compliance with
applicable local laws. You agree you will not use the Site content or products in
any country or in any manner prohibited by any applicable laws, restrictions or
regulations. Users from the European Union and other countries are advised not to
disclose personal information to us unless you consent to the application of United
States law and to the use and disclosure of your information consistent with our
You are required to establish an account on the Site in order to use certain features,
such as making a purchase. You agree to provide accurate, true, complete and current
information about yourself as prompted by the Site and to promptly update such information
to maintain accurate, true, complete and current information. If you provide any
inaccurate, false, incomplete or outdated information or we in our sole discretion
suspect that such information is inaccurate, false, incomplete or outdated, we reserve
the right to suspend or terminate your account and prohibit any and all current
or future use of the Site or any portion thereof by you. During the registration
process you will create a username and password. You are responsible for the confidentiality
of your account and password and are fully responsible for all activities that occur
under your account or password. You agree to immediately notify us of any unauthorized
use of your account or password or any other security breach and to ensure that
you exit from your account at the end of each session. You agree to be responsible
for all charges resulting from the use of your account on the Site including charges
resulting from unauthorized use of your account. We are not liable for any loss
or damage resulting from your failure to comply with this section.
You agree to use the Site for lawful purposes and that you are responsible for your
use of and communications on the Site. You agree not to post on or transmit through
the Site any unlawful, infringing, defamatory, obscene, indecent, threatening, offensive
or otherwise objectionable material of any kind including any material that encourages
illegal conduct or conduct that would encourage civil liability, infringe on other's
intellectual property rights or otherwise violates any applicable local, state,
national or international law. You agree not to use the Site in a manner that would
interfere with normal operation or infringe on any others use of the Site.
You agree not to access the Site by any means other than the interface we provide.
Displaying or running the Site or any information or material displayed on the Site
in frames or through similar means on another website without our prior authorization
is prohibited. Any permitted links to the Site must comply with all applicable laws,
rules and regulations.
We make no representation that Materials contained on the Site or that products
described or offered on the Site are appropriate or available for use in jurisdictions
outside the United States, or that this Agreement complies with the laws of any
other country. Users of the Site outside the United States do so at their own initiative
and risk and are responsible for complying with all applicable laws and regulations.
You agree not to access the Site from any location or territory where its contents
are illegal and that you and not us, are responsible for compliance with all applicable
laws and regulations.
This Agreement is effective until terminated by either us or you. We, in our sole
discretion, may suspend or terminate this Agreement at any time without notice and
deny you access to the Site or any portion of it. You may terminate this Agreement
at any time by contacting
Customer Service and discontinuing all use of the Site. Upon termination
by us or you, you must destroy all materials obtained from the Site including all
or otherwise. We reserve the right to modify or discontinue, temporarily or permanently,
the Site or any portion of it with or without notice. We are not liable to you or
to any third party for any modification, suspension or discontinuation of the Site.
We reserve the right to terminate any account if your order is deemed fraudulent
or credit card charges are disputed. You agree that we may terminate or suspend
your access to all or part of the Site, with or without notice, for any conduct
that we, in our sole discretion, believes is in violation of any part of this Agreement,
laws or regulations or is harmful to another user or us or our affiliates.
The following shall survive any termination of the Agreement either by us or you;
Privacy, Liability Disclaimer, Severability; Interpretation, and Miscellaneous.
Where applicable at the Site, you may post your own content ("User Content"). You
understand that you are solely responsible for any content you post to the Site.
You alone assume all risks associated with your content including anyone's reliance
on its accuracy, truthfulness or reliability or any disclosure by you of information
in your content that makes you identifiable. Once published, your content may not
be able to be withdrawn. You may not imply that your content is endorsed by us.
You may expose yourself to liability if your content is false, defamatory, intentionally
misleading, violates any third-party right including copyright, trademark, patent,
trade secret, privacy right, right of publicity or any other intellectual property
or proprietary right or is unlawful or violates or advocates the violation of any
law or regulation. We cannot guarantee that your content will not be misused by
other users. If you have information you want to keep confidential and/or do not
want others to use, do not post it to the Site. We will not be liable for any user
content, including, any errors or omissions, or any loss or damage incurred as the
result of the use of any user content in any manner posted to the Site. We are not
responsible for any user's use or misappropriation of any content you post to the
By posting user content to the Site, you hereby grant (or warrant that the owner
of such rights has expressly granted) us perpetual, worldwide, royalty-free, irrevocable,
non-exclusive right and license to use, host, store, reproduce, adapt, publish translate,
edit, sub-license, modify, create derivative works from, communicate, publish, publicly
display and distribute such content or incorporate such content into any form. The
foregoing grant includes, without any limitation, any copyrights and other intellectual
property rights in and to your user content. You represent and warrant that the
content you posted does not violate the privacy or publicity rights, copyrights,
contract rights or any other rights including moral rights of any person. You agree
to pay for all royalties, fees and any other amounts owed to any person by reason
of any content you posted to the Site. This license continues even if you stop using
You understand that we may preserve user content and may disclose user content if
required to do so by law or in good faith belief that such preservation or disclosure
is reasonably necessary to comply with the legal process, enforce this Agreement,
respond to claims that any user content violates the rights of third-parties, or
protect the rights, property or personal safety of us, our users and the public.
You understand that the technical processing and transmission of the Site, including
your user content, may require transmitting over different networks and changes
to conform to technical requirements of connecting devices or networks.
Your content postings are voluntary including ideas, opinions and disclosures. There
is no confidential or contractual relationship established by posting your content
or review or use of your content. We are not liable for any disclosure of any user
content including opinions or suggestions you post to the Site. We are entitled
to unrestricted use of any user content it may receive, for any purpose, commercial
or otherwise, without compensation to you as the content provider.
You agree not to use the Site to:
We will terminate the account and/or block Site users who violate the intellectual
property rights of any person on the Site. You understand that by using the Site
you may be exposed to other's user content that is indecent or otherwise objectionable.
We do not endorse or have control over user content. User content is not reviewed
by us prior to posting and does not reflect our opinions. We make no representations
or warranties express or implied with regard to the accuracy or reliability of user
content or any other material or information you may obtain from the Site. We are
not responsible for monitoring the Site for inappropriate user content or conduct.
If at any time we choose, in our sole discretion, to monitor the Site, we nonetheless
assume no responsibility for the user content, have no obligation to modify or remove
any inappropriate user content, and have no responsibility for the conduct of the
Site users submitting any such user content. Notwithstanding the foregoing, we reserve
the right to remove any user content that violates this Agreement or is otherwise
objectionable, in our sole discretion. You agree that you must evaluate, and bear
all the risks that are associated with the use of any user content, including reliance
on accuracy, completeness or usefulness of such content. In this regard, you acknowledge
you may not rely on any user content. You are solely responsible for your interactions
with other Site users. We, in our sole discretion, have the right but are under
no obligation to monitor communications between you and other Site users and to
terminate your Site access.
You agree to indemnify us for any and all third party claims, damages, losses, liability
and causes of action in any way arising from or as a result of your posting any
content or materials or your failure to comply with this Agreement. You agree to
cooperate as fully as reasonably required in the defense of any claim. We reserve
the right to assume the exclusive defense and control of any matter subject to indemnification
by you, in which event you will still be required to indemnify us for the attorney
fees and expenses in addition to any losses, claims, damages and liabilities incurred
We do not and cannot review all communications and content users post or upload
to the interactive areas of the Site. We are not responsible for any of the content
of these communications or materials posted or uploaded to the Site. We reserve
the right to block, move, delete, edit in whole or in part, any content submitted
by you to the Site that we determine to be fraudulent, deceptive, misleading, abusive,
obscene, defamatory or a violation of a copyright, trademark or other intellectual
property right of another or otherwise unacceptable to us in our sole discretion.
Any content posted to interactive areas of the Site should not be construed as professional
healthcare advice or instruction.
Your privacy and security are a top priority at iHerb. Since our inception in 1996,
we have never rented, leased, or sold any customer information -- and never will.
When you submit personal information on the Site you are consenting to the manner
in which we will collect, use, disclose and otherwise manage your personal information,
as set out below.
We may collect personal information that you provide us when you: (a) purchase,
order, return, exchange or request certain information about our products and services;
(b) contact a call center or
Customer Service; (c) visit or register with our Site or participate in
another feature of our Site; (d) enter into a contest or sweepstakes or respond
to one of our surveys; or (e) provide us with comments or suggestions. We may also
collect personal information about you from service providers who provide us with
e-commerce related services related to the Site. We take reasonable and appropriate
steps to protect your personal information from unauthorized disclosure or access.
However, no data transmitted over the Internet or stored on a server can ever be
100% secured. Therefore, while we strive to protect your privacy and personal information,
we cannot guarantee the security of any information transmitted or disclosed to
us online. We are not responsible for the disclosure, destruction or theft of your
personal information. If you opted to register with us, you established a password
for your account, in which case your online account information will be protected
by your password. We suggest that you do not disclose your password to anyone. You
are responsible for the confidentiality of your account and password and are fully
responsible for all activities that occur under your account and password. We suggest
creating challenging passwords such as those with alphanumeric combinations.
We utilize “cookies” which, if you allow their use, store small amounts of data
on your computer when you visit the Site. Cookies assist us in tracking which of
features of the Site you like best. Therefore, cookies enable us to customize our
content according to your preferences. You have the ability to accept or decline
cookies by modifying your browser settings. Our Site is viewable even if you disable
the cookie function on your browser. However, if you disable cookies, main functionality
like account login and checkout will not work.
track of preferences you specify while you are using the Site; delivering advertisements
and content relevant to your interests; providing general internal and customer
analytics; maintaining information in both identifiable and anonymous forms; accessing
your information when you "sign in" to provide you with customized content; conducting
research to improve our content, products and services; supporting security measures
such as requiring re-logging into the Site after a certain amount of time has elapsed;
and assisting in identifying possible fraudulent activities.
Part of this technology utilizes internet “cookies.” Cookies are stored on your
hard drive in the form of a text file. Most cookies are “session cookies” meaning
that are automatically deleted when you close your browser. Other cookies are called
“persistent” because they do not expire. Typically these cookies allow us to provide
targeting information about products and pricing. However you can easily remove
them by following the directions in your browsers help file. While this statistical
data is collected, it is important to note that we do not sell, rent or lease any
of your personal information.
We would like to inform you of products and services, sales and special offers that
might benefit you. When you register online or participate in a survey, you will
have the opportunity to sign up for e-mails about our products, services, sales
and special offers. We may also send you mail, email or call you with information
about our product and service offerings if you have provided us with your name and
address, email address or phone numbers.
When you submit personal information on our website, your information is protected
both online and offline. We can only access your credit card (but not your actual
credit card information) to issue credits, never for actual charges. Only you can
produce a charge by placing an order in your password-protected account.
While on a secure page, such as our order form which is hosted in a secure data
facility, the lock icon of your web browser becomes locked. This indicates that
the connection between your web browser and our web server is secured. While on
a secure page, the 'http' on your browser changes to 'https'.
When you submit sensitive information (such as credit card number), that information
is encrypted and is protected with the encryption software which meets or exceeds
industry standards - (Secure Socket Layer).
Like most retailers, as you visit our websites, we are collecting information about
that visit. We collect this information to improve our delivery of information and
services to you. In order to collect this information, we utilize technology from
third party companies like Google. For example we utilize Google Analytics to aid
in website measurement. This software is employed to evaluate – anonymously and
in aggregate - how people use the iHerb family of websites.
This software provides information about your device (e.g. computer, tablet, smartphone),
the type of browser (e.g. Chrome, Safari, Firefox) and operating system (e.g. Windows,
Macintosh, Android, iOS). We gather this information to make sure the websites are
optimized based on the technologies the majority of people are using to access our
We may provide your personal information to any of our affiliated businesses. We
enter into marketing relationships with advertisers or other companies that provide
products or services that we believe may be of interest to our customers. We may
send you mail, email or call you with information about product and services offered
by these advertisers or other companies if you have provided us with your name and
address, email address or phone numbers.
Some of our operations, such as our electronic commerce, may be managed by service
providers who are unaffiliated companies. These companies may share personal information
with their affiliates and with service providers whom they engage to perform services
related to our Site or the operation of our business. Examples of these services
include payment processing and authorization, fraud protection and credit risk reduction,
product customization, order fulfillment and shipping, marketing and promotional
material distribution, Web site evaluation, data analysis and, where applicable,
data cleansing. These companies may have access to your personal information on
a confidential basis only to the extent necessary to perform their functions. In
no event will we authorize these companies to use your personal information for
any reason other than to provide you with those specific services.
If your purchases are being shipped to you, your shipping information will be shared
with our delivery service providers (United States Postal Service, UPS, or other
delivery companies we or you select). Our delivery service providers are asked not
to use your personal information for any purpose other than making the delivery.
In the event that we or some of our assets are sold or transferred or used as security,
your personal information may be transferred to third parties as part of that transaction.
If we or any of our service providers is requested by law enforcement officials
or judicial authorities to provide personal information on individual users, we
or the applicable service provider may, without your consent, provide such information.
In matters involving claims of personal or public safety, we or the applicable service
provider may provide your personal information to appropriate authorities without
your consent or court process. We or our service providers also will provide your
personal information in response to a search warrant or other legally valid inquiry
or order, or to an investigative body in the case of a breach of an agreement or
contravention of law, or in litigation involving us, the applicable service provider,
or otherwise as required by law. We may also disclose personal information to assist
in debt collection where you owe a debt to us.
If you are a California resident, you have the right to request one Notice of Information-Sharing
Disclosure per year which will identify the third parties with whom we or any of
our affiliates have shared the personal information we have collected from you.
You may request the Notice of Information-Sharing Disclosure by contacting Customer Service.
websites of our business partners, vendors and advertisers. These other sites are
outside of our control. Please be aware that these websites may collect information
about you, and operate according to their own privacy practices which may differ
no longer in our control.
with new laws or regulations or to reflect future changes in our business practices.
Any changes in our policies will be communicated in this page so please check back
on occasion. We also may post a notice on our Site or send an email describing the
YOU AGREE THAT THE USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS
CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, EXCEPT AS
OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT. IHERB AND OTHER AFFILIATED COMPANIES
AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES, SUCCESSORS
AND ASSIGNS OF ANY OF THEM (COLLECTIVELY, "IHERB ENTITIES") EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
IHERB ENTITIES MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, THE SITE
WILL BE TIMELY, SECURE, ERROR FREE OR UNINTERRUPTED, THE RESULTS OBTAINED FROM THE
SITE WILL BE ACCURATE OR RELIABLE, THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION
OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS AND
ANY SITE ERRORS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE SITE IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
ANY MATERIAL. NO INFORMATION OBTAINED BY YOU FROM IHERB ENTITIES OR THROUGH THE
SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL PRODUCTS AND SERVICES PURCHASED THROUGH THE SITE ARE SUBJECT ONLY TO ANY APPLICABLE
WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS OR SUPPLIERS, IF ANY.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IHERB ENTITIES DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH
RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON THE SITE. WITHOUT LIMITING
THE GENERALITY OF THE FOREGOING, THE IHERB ENTITIES EXPRESSLY DISCLAIM ALL LIABILITY
FOR PRODUCT DEFECT OR FAILURE, CLAIMS ATTRIBUTABLE TO NORMAL WEAR, PRODUCT MISUSE
OR MODIFICATION, ABUSE, INCORRECT PRODUCT SELECTION AND NOT FOLLOWING PRINTED DIRECTIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IHERB ENTITIES
BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING
TO THE USE OF OR INABILITY TO USE THE SITE, INCLUDING ANY LIABILITY AS APUBLISHER
OF INFORMATION, RESELLER OF ANY PRODUCTS OR SERVICES, FOR ANY DEFECTIVE PRODUCTS,
FOR ANY INCORRECT INFORMATION OR INACCURATE INFORMATION, FOR ANY UNAUTHORIZED ACCESS
TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, FOR STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE SITE OR FOR ANY OTHER MATTER RELATING TO THE SITE OR ANY THIRD
PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL
DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL,
LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION,
LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF IHERB ENTITIES
ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET
FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE ARRANGEMENT BETWEEN IHERB
AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SITE
WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE
SOLE AND ENTIRE MAXIMUM LIABILITY OF IHERB ENTITIES FOR ANY REASON, AND YOUR SOLE
AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE
AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM
IHERB ON THE SITE.
BECAUSE SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES,
ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THE TERMS OF
USE CONTAINED IN THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE SITE.
You agree to indemnify, defend and hold harmless iHerb from and against all losses,
expenses, costs and damages including attorney's fees resulting from your use of
or contact on the Site, your use or your inability to use the Site or services,
any products or services purchased or obtained by you in connection with the Site,
any Site postings or activity related to your account made by you or another person,
your violation of any terms of this Agreement, your violation of any rights of a
third party, or your violation of any applicable laws, rules or regulations. You
agree to cooperate as fully as reasonably required in the defense of any claim.
We reserve the right to assume the exclusive defense and control of any matter subject
to indemnification by you, in which event you will still be required to indemnify
us for the attorney fees and expenses in addition to any losses, claims, damages
and liabilities incurred by us. You shall not in any event settle any matter without
prior written consent of iHerb.
You acknowledge that all materials on the Site the Reviews and Rewards Programs,
including the Site’s design, text, graphics, sounds, pictures, software and other
files and the selection and arrangement thereof, (collectively, "Materials"), are
our property and are subject to and protected by United States and international
copyright and other intellectual property laws and rights. The trademarks, service
marks, trade names, and logos (collectively, "Marks") contained on the Site, including
without limitation iHerb® are the sole property of iHerb and may not be copied or
otherwise used, in whole or in part without the prior written authorization of iHerb.
In addition all page headers, custom graphics and custom icons are Marks of iHerb
and may not be copied or otherwise used, in whole or in part without the prior written
authorization of iHerb. Other copyrights, trademarks, product names, company names,
logos or intellectual property are the property of the respective owners with all
rights reserved. Any use of any Materials or Marks owned by iHerb is considered
an infringement or our intellectual property rights (including patent rights) and
will be legally pursued as such.
will not use any text, photos, likenesses or other copyrighted or protected material
of iHerb or of other third parties without the prior express written consent of
Your participation in both the Rewards and Reviews Programs is voluntary and is
effective until terminated by either us or you. Either we or you may terminate your
Rewards and Reviews Program participation at any time, with or without cause, by
giving the other party written notice of termination. Notice of termination may
be given to you using the email address you provided during the registration process.
Notice of termination may be given to us by sending an email to: firstname.lastname@example.org.
You are only eligible to accumulate referral rewards on sales occurring during the
term of your Rewards Program participation. Unused Rewards expire 180 days after
the date when they are posted in your iHerb account.
We may modify the terms of this Agreement and/or terminate the Rewards and Reviews
Program at any time and by our sole discretion, by posting a change or termination
notice on iHerb.com, a country-specific website, mobile website, mobile app or iHerb
Rewards website . Modifications may include, for example, changes in the scope of
available referral rewards, reward schedules, redemption procedures and applicable
rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE
YOUR PARTICIPATION IN THE APPLICABLE PROGRAM YOUR CONTINUED PARTICIPATION IN THE
APPLICABLE PROGRAM WILL CONSTITUTE BINDING ACCEPTANCE OF ANY CHANGES. In the event
of termination of the Rewards Program by us, our obligation is to distribute Rewards
Program rewards to you, in our sole discretion, either in the form of Rewards to
be used towards iHerb.com purchases or a check (as the case may be). Our obligation
is limited to a maximum of three months of Rewards, calculated based on your Rewards
for the month prior to the month in which the Rewards Program is terminated.
We reserve the right to terminate any account if we deem the account is linked to
fraudulent referrals, reviews, disputed purchases or credit card charges; spam (unsolicited
email) and indiscriminate advertising, or intentional misuse of the Rewards Program
including, but not limited to, using more than one account.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO ALL THE TERMS OF THIS AGREEMENT
AND THE REWARDS PROGRAM. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY)
SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS
AGREEMENT. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN
THE REWARDS PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT
OTHER THAN AS SET FORTH IN THIS AGREEMENT.
We appreciate the "word of mouth" advertising our customers provide and reward you
for introducing your relatives and friends to iHerb. Rewards are accumulated when
others use your email address or Rewards Code to place an order. Rewards can be
used towards purchases on iHerb.com or can be redeemed for cash at a specific accumulation
For the referral payment schedule and information on the iHerb Rewards Program,
visit our frequently asked questions page at http://rewards.iherb.com/FAQ. This
page is hereby incorporated by reference and included as part of this Agreement.
You represent that you have read the FAQ page and agree to the terms set forth therein.
WE RESERVE THE RIGHT TO TERMINATE THE REWARDS PROGRAM AT ANY TIME AND IN OUR SOLE
When you receive Rewards, simply log into your iHerb account and shop as you normally
would. Once you begin adding items to your shopping cart, you will see available
Rewards being automatically subtracted from your subtotal, assuming you have accepted
the most recent Agreement. If you have not accepted the most recent Agreement, then
no Rewards will be available for use until such time as the most recent Agreement
has been accepted. Unused Rewards expire 180 days after the date when they are posted
in your iHerb account.
On the last day of each month, any account holder with a specific amount in Rewards
may elect to “cash out” and receive payment if they provide tax ID information to
iHerb. Reward amounts below a specific threshold will be rolled over to next month.
You will be responsible for any and all tax liability arising from any Rewards you
accumulate under the Rewards Program.
Your Rewards Code is valid only for use by first time customers that you have referred
to iHerb. To ensure that you don’t lose credit from referrals, iHerb applies available
Rewards automatically to your personal purchases, subject to acceptance of this
You will be responsible for any and all tax liability arising from any rewards you
accumulate under the Rewards Program. We are obligated by United States federal
law to obtain tax information from Rewards Program participants who are United States
citizens or United States residents (W-9) and from Rewards Program participants
who are not United States citizens or residents but whose businesses are taxable
in the United States (W8-ECI). If we believe you are a Rewards Program participant
from whom we are obligated to obtain tax information and you do not provide this
information to us after we have requested it, we may withhold your Rewards until
you provide this information or otherwise satisfy us that you are not a person from
whom we are required to obtain tax information. For US citizens or residents, information
about submitting tax information is available on Rewards.iHerb.com.
You may share your iHerb Reviews as well as your iHerb Rewards Code on a personal
blog or any available social media accounts (e.g. Facebook, Twitter and Google+)
subject to the terms and conditions of those accounts. However, your social media
profile may not contain an avatar or any other content that could be interpreted
as being managed by iHerb. Likewise, your blog, website or social media pages may
not resemble the Site or include any content that could be on its own or in the
aggregate be interpreted to indicate an affiliation with us, including, but not
limited to, use of any our trade name, trademark, trade dress, copyrighted material,
or any similar protected content.
You may also email your iHerb Rewards Code or send a text message to friends and
family. In doing so, you represent and warrant that you will not engage in and/or
facilitate spamming, unsolicited commercial email or otherwise fail to comply with
the CAN-SPAM Act of 2003 (Public Law 108-187) or any successor legislation, and/or
any other laws and/or regulations that govern email marketing and/or communications.
You may not purchase or use domain names that include the word “iHerb” or certain
variations and misspellings. We don’t want to confuse the general public about which
are the official iHerb websites.
We don’t want to confuse the general public about which are the official iHerb mobile
applications, so you may not create one that looks similar to any iHerb apps. Your
app may not integrate and/or use our app in any way. Likewise, you are not permitted
to participate in any advertising as the Rewards Program is not intended for commercial
Your iHerb MyPage Profile is intended to provide some non-personal background information
(e.g. your favorite hobby) to other customers. This helps others better understand
the perspective of your review, not just whether you liked or did not like the product.
For example, a person aged 25 using a product designed for someone over the age
of 50 probably won’t have the same product experience.
Your iHerb MyPage Profile should not include iHerb Rewards codes, mention discounts,
URLs or contain content that promotes the Rewards Program unless otherwise provided
Your MyPage Profile Link Name should not mislead or misrepresent yourself to others.
Phrases including, but not limited to “click me, open me, save $5" or "first-time
customers” are not appropriate for this section. Instead, please select a MyPage
Profile Link Name that applies to your personality, location or something unique
about you -- such as "Aloha-Bob” or “Sarah-Skydiver.”
By participating in the Rewards and Review Programs, you represent that you are
at least 18 years of age. These Programs can only be used by one customer account
per household. If you have multiple adults living at the same residence, there should
only be one Rewards Code for the entire family. Likewise, while products can be
used many people in the household, the Review should only apply to one Rewards Code.
Any misuse of the Rewards Program will result in immediate termination and forfeiture
of all accumulated Rewards.
All accounts must be in the name of a living person, not a business entity. Furthermore,
accounts are not transferrable and are not eligible for perpetual succession. In
the event of the passing of the account owner, contact Customer Service. and the account will be closed. Eligible
You represent and warrant that you will not make any statements and/or product claims
not approved by the United States Food and Drug Administration. If you are unsure
about the answer about a product or service, refer others to the manufacturer directly.
On each product page we have direct links to the manufacturer's website.
THE REWARDS PROGRAM IS BEING PROVIDED TO YOU "AS IS", WITH NO EXPRESS OR IMPLIED
WARRANTY OR CONDITIONS. WE EXCLUDE ALL CONDITIONS, REPRESENTATIONS, WARRANTIES AND
OTHER TERMS WHICH OTHERWISE MIGHT BE IMPLIED OR INCORPORATED INTO THIS AGREEMENT
TO THE MAXIMUM EXTENT PERMITTED BY LAW. THIS INCLUDES BUT IS NOT LIMITED TO IMPLIED
WARRANTIES AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
This Agreement constitutes the only Agreement between us and you with respect to
the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous
Agreements, representations, warranties and understandings, written or oral, with
respect to the subject matter of this Agreement
If any provision of this Agreement is deemed void, unlawful, or otherwise unenforceable
for any reason, that provision will be severed from this Agreement and the remainder
of this Agreement will remain in force. When used in this Agreement, the term "including"
will be deemed to be followed by the words "without limitation".
All questions concerning the construction, validity, enforcement and interpretation
of this Agreement shall be governed by and construed in accordance with the domestic
laws of the State of California, without giving effect to any choice of law or conflict
To the fullest extent permitted by law, you and iHerb Entities agree to arbitrate
any controversy, claim or dispute arising out of or in any way related to this Agreement.
YOU AND IHERB ENTITIES EXPRESSLY AGREE TO ARBITRATE ANY CONTROVERSY, CLAIM OR DISPUTE
ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT IN YOUR AND ITS/THEIR INDIVIDUAL
CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL OR ENTITY’S
CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS
The mutual promise by you and iHerb Entities to arbitrate any and all disputes,
and to do so on an individual basis, rather than to litigate before the courts or
other bodies, provides the mutual consideration for this agreement to arbitrate.
Either party may exercise the right to arbitrate by providing the other party with
written notice of any and all claims forming the basis of such right in sufficient
detail to inform the other party of the substance of such claims. In no event shall
the request for arbitration be made after the date when institution of legal or
equitable proceedings based on such claims would be barred by the applicable statute
The arbitration will be conducted in Riverside County, California by a single neutral
arbitrator and in accordance with the then current rules for resolution of disputes
of the American Arbitration Association (AAA) (available on line at www.adr.org).
The parties are entitled to representation by an attorney or other representative
of their choosing. The parties agree to abide by and perform any award rendered
by the arbitrator. The arbitrator shall issue the award in writing and therein state
the essential findings and conclusions on which the award is based. Judgment on
the award may be entered in any court having jurisdiction thereof.
You and iHerb Entities shall bear the costs of the arbitrator, forum and filing
fees on an equal basis. The prevailing party, as determined by the arbitrator, shall
be entitled to an award of its reasonable attorney fees.
You may not assign this Agreement, by operation of law or otherwise, without our
prior written consent. Subject to that restriction, this Agreement will be binding
on, inure of the benefit of and be enforceable against the parties and their respective
successors and assigns.
The failure of the iHerb to enforce your strict performance of any term of this
Agreement will not constitute a waiver of such term and will not be considered a
waiver or limit that party's right thereafter to insist upon strict adherence to
that term or any other term of this Agreement. You agree that regardless of any
statute or law to the contrary, any claim of cause of action arising from or relating
to the use of the Site or this Agreement must be filed within one (1) year after
such claim or cause of action arose or will be permanently barred. The "Liability
Disclaimer" provisions of this Agreement are for the benefit of iHerb Entities as
defined herein, and each of these individuals or entities shall have the right to
assert and enforce these provisions directly against your on its own behalf.
If you have any questions about this Agreement, contact our Customer Service.