Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE PLACING AN ORDER ONLINE OR OVER THE TELEPHONE, OR OTHERWISE USING THIS WEBSITE.
Your use of the Website shall be deemed to constitute your consent to be bound by this Agreement and shall be enforceable in the same way as if you had signed this Agreement.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE, DO NOT ORDER, AND DO NOT USE A COMPANY PRODUCT.
Website The Website reserves the right to change the terms and conditions that govern your use of the Website. Your use of the Website following any such change constitutes your agreement to follow and be bound by the amended terms and conditions. The Website may change, move or delete portions of, or may add to the Website from time to time. The Website may make these changes without your consent, without notice, and at our sole discretion, which may be exercised unreasonably.
Disputes You expressly waive your right to pursue any claim in a court of law. Any dispute or claim relating in any way to any products or services sold or distributed by or through Horizon Herbal Company LLC and/or ReviveQ.org will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms and Conditions as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: Horizon Herbal Company LLC, PO Box 2, Orange Lake, Florida 32681.
Class Action You expressly agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. The parties expressly waive any ability to maintain any class action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims. If for any reason a claim proceeds in court rather than in arbitration, any right to a jury trial is hereby waived. Notwithstanding the foregoing, disputes to enjoin infringement or other misuse of intellectual property rights may be brought in a court of competent jurisdiction.
Applicable Law By choosing to purchase any products or services from the Website, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Horizon Herbal Company LLC and/or ReviveQ.org.
Website Contents Unless otherwise noted, all materials, including images, graphics, illustrations, design, icons, photographs, data (including member data), text, and other materials that are part of this Website (collectively, the "Contents") are owned, controlled, or licensed to or by Horizon Herbal Company LLC and/or ReviveQ.org. This Website as a whole and portions thereof are protected by copyrights, trademarks, patents, and other intellectual property. The Website grants you a limited license to access and make personal use of this Website. You may not download (other than page caching) or modify any portion of our site, except with express written consent of the Site. You may not use any part of this site for commercial or resale use; this includes, but is not limited to, logos, images, text, and data. You may not use data mining, robots, or similar data gathering and extraction tools. The contents of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of HorizonHerbal Company LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of without express written consent. You may not use any meta tags or any other "hidden text" utilizing Horizon Herbal Company LLC and/or ReviveQ.org's name or trademarks without the express written consent of the Website. Any unauthorized use terminates the permission or license granted by the Website. Please note that the permission granted herein terminates automatically if you breach any of these terms and conditions. Any other use of the Contents on this Website including reproduction for purposes other than as noted above, and including any reproduction, modification, distribution, or republication may violate copyright or trademark laws, and, without the prior written permission of the Website, is strictly prohibited.
Medical Advice No medical advice is given on this Website. If you are seeking medical advice, please consult a medical professional. If you suffer from medical conditions, including but not limited to, diabetes, high blood pressure, pregnancy, eating disorders, or heart disorders, you must obtain your physician's approval prior to using this Website. The Website recommends that women who are either pregnant or nursing do not use the Website.
Communities & Forums Horizon Herbal Company LLC and/or ReviveQ.org may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Website. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute, or otherwise publish through the Website or any service or feature made available on or through the Website, any materials which (a) restrict or inhibit any other user from using and enjoying the Website or the Website's services, (b) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent, (c) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law, (d) violate, plagiarize, or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (e) contain a virus, spyware, or other harmful component, (f) contain embedded links, advertising, chain letters, or pyramid schemes of any kind, or (g) constitute or contain false or misleading indications of origin, endorsement, or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including us or our personnel. You also may not offer to buy or sell any product or service on or through your comments submitted to our forums. You alone are responsible for the content and consequences of any of your activities.
Privileges Horizon Herbal Company LLC and/or ReviveQ.org reserves the right, in its sole discretion, to reject, refuse to post, or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Website at any time, for any or no reason, with or without prior notice, and without liability. The Website reserves the right, but does not have an obligation, to monitor and/or review all materials posted to the Website or through the Website's services or features by users, and the Website is not responsible for any such materials posted by users. However, the Website reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, or government request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, that in the Website's sole discretion are objectionable or in violation of this Agreement, the Website's policies, or applicable law. The Website may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if the Website believes you are in breach of the guidelines set forth in this paragraph, these terms and conditions, or applicable law, or for any other reason without notice or liability.
Horizon Herbal Company LLC and/or ReviveQ.org may also use a user's email address to send updates, a newsletter, or news regarding the service. Users may choose not to receive certain email of this type by changing their "notification" setting in the user "Account" page.
From time to time, Horizon Herbal Company LLC, ReviveQ.org or a partner, may sponsor a promotion, sweepstake, or contest on or offer products for sale on the site. Users may be asked to provide personal information including name, email address or home address or to answer questions in order to participate. The Site may transfer your personal information to its ad partners and its affiliated and related entities in order to send you email advertisements regarding products they sell.
The Website’s member accounts are secured by member-created passwords. Horizon Herbal Company LLC and/or ReviveQ.org takes precautions to ensure that member account information is kept private. The Website uses reasonable measures to protect member information that is stored within its databases, and the Website restricts access to member information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff. Please note that the Website cannot guarantee the security of member account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of member information at any time.
Except as otherwise described in this privacy statement, the Website will not disclose personal information to any third party unless the Website believes that disclosure is necessary:
(a) to conform to legal requirements or to respond to a subpoena, search warrant, or other legal process received by the Website, whether or not a response is required by applicable law;
(b) to enforce the Terms & Conditions or to protect the Website's rights; or
(c) to protect the safety of members of the public and users of the service. The Website reserves the right to transfer personal information to a successor-in-interest that acquires rights to that information as a result of the sale of the Website or substantially all of its assets to that successor-in-interest.
Disclaimer of Warranty THIS WEBSITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES, OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALTHOUGH WE BELIEVE THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT. ReviveQ.org DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT. PRICE AND AVAILABILITY ARE SUBJECT TO CHANGE WITHOUT NOTICE. IN NO EVENT SHALL HORIZON HERBAL COMPANY, LLC AND/OR ReviveQ.org BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, BODILY INJURY, LOSS OF DATA, OR LOSS OF PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENTS OF THIS SITE. THE DISCLAIMER OF LIABILITY IN THIS PARAGRAPH SHALL NOT APPLY TO WHERE OTHERWISE PROHIBITED BY LAW.
Children The Website has no intention of collecting personal information from individuals under the age of 18. If you are a child under the age of 18, please do not submit personal information without the consent of your parent or guardian.
Termination This Agreement is effective unless and until terminated by Horizon Herbal Company LLC and/or ReviveQ.org. Horizon Herbal Company LLC and/or ReviveQ.org may terminate this Agreement at any time without notice to you, and accordingly deny you access to the Website in our sole discretion if you fail to comply with the Agreement. Horizon Herbal Company LLC and/or ReviveQ.org may terminate all or part of its terms at any time without notice to you.
Membership Subscription Automatic Renewal Subscription Terms. If you are placing an order online or by telephone as part of our automatic subscription renewal program, your membership in the program will remain in effect until it is cancelled. We may, in our sole discretion, terminate your membership in the program at any time without notice to you.
IF YOU ARE A MEMBER OF OUR AUTOMATIC SUBSCRIPTION RENEWAL PROGRAM AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH SHIPMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SUCCESSIVE SHIPMENT AND/OR INSTALLMENT AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN OUR AUTOMATIC RENEWAL PROGRAM, YOU MAY DO SO BY CALLING A CUSTOMER SERVICE REPRESENTATIVE AT 1-877-733-0077
You are obligated to provide current, complete, and accurate information for your billing account. You are responsible for promptly updating all information to keep your billing account current, complete, and accurate (e.g., change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid (e.g., loss or theft). Changes to such information can be made by calling a customer service representative at the telephone numbers listed on the Website under Customer Service. If you are participating in our automatic renewal program using a credit card and your credit card fails to process for a subsequent shipment, Company may convert your account to a pay-by-check plan. If your account has been converted to a pay-by-check plan, you will receive an invoice along with your shipment. Invoiced items not paid within 28 days of receipt will be considered past due and The Company will send you communications to collect past due balances. If you fail to timely update your credit card information or fail to timely pay by check, your membership in our automatic renewal program may be terminated and your account may be sent for collection.
Return and Refund Policy You may return items in accordance with the Return Policy instructions that accompany your product shipments or, if you are uncertain about your right to return the product, you may also call Customer Service for assistance. Company will refund your payment when your product is timely returned or cancelled, and within 7-14 business days of our receipt of the returned product if purchased using third-party credit, such as a Visa or Mastercard.
Electronic Signatures The information communicated on the Website constitutes an electronic communication. When you communicate with Horizon Herbal Company LLC and/or ReviveQ.org through the Website or via other forms of electronic media, such as eMail, you are communicating with Company electronically. You agree that Company may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that Company provides to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication (e.g., by Company or you).
You further acknowledge and agree that by clicking on the button labeled "SUBMIT", "DOWNLOAD", "I ACCEPT" or such similar links as may be designated by Company, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement and any hyperlinks contained herein. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE OR SERVICES OFFERED BY COMPANY. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
Communications You acknowledge that telephone calls to or from Horizon Herbal Company LLC and/or ReviveQ.org are monitored and recorded and you agree to such monitoring and recording. You verify that any contact information provided to Company, including, but not limited to, your mailing address, shipping address, eMail address, residential phone number, and mobile phone number is true and accurate. You further verify that you are the telephone subscriber and/or that you own any telephone numbers that you provide to Company. You acknowledge that by voluntarily providing your telephone numbers to Company, you expressly agree to be contacted at the telephone numbers you provide.
You consent to receive eMails, pre-recorded voice messages and/or autodialed calls (including text messages) by or on behalf of Horizon Herbal Company LLC and/or ReviveQ.org relating to this Agreement, any purchase or transaction with Horizon Herbal Company LLC and/or ReviveQ.org, matters related to your account (including debt collection), and promotions regarding Company products. These communications may be made by or on behalf of Company, even if your phone number is registered on any state or federal Do Not Call list. You acknowledge that you may incur a charge for these calls by your telephone carrier and that Company will not be responsible for these charges.
Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL HORIZON HERBAL COMPANY LLC, ITS SUPPLIERS, PARENTS, SUBSIDIARIES, REPRESENTATIVES, AFFILIATES OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEBSITE; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS.
Horizon Herbal Company, LLC
PO Box 2, Orange Lake, Florida 32681
1 (877) 733-0077