Terms & Conditions
These Terms of Use were most recently updated May 14, 2018.
PLEASE CAREFULLY READ THESE TERMS OF USE AND CONDITIONS OF SALE BEFORE PLACING AN ORDER ONLINE OR OTHERWISE USING THIS WEBSITE OR ANY OTHER HIGHSUB WEBSITE.
HighSub is owned and operated by HERBA ETERNUM LLC ("HighSub"), a Nevada Limited Liability Company. These Terms of Use and Conditions therefore constitute an agreement between you and HERBA ETERNUM LLC.
This website located at www.highsub.com (the "Website") and any of our programs, products or services, including any content that you download onto your device or personal computer (collectively with the Website, the "HighSub Offerings") are copyrighted works and are owned and operated by HERBA ETERNUM LLC (collectively "HighSub" or "we"). These Terms of Use and Conditions for Sale, and any amendments or supplements to it, together with our Privacy Policy (collectively, the "Agreement") form a legally binding agreement between you and HighSub, and governs your access to and use of any HighSub Website, any order you place through an HighSub website and your use or attempted use of our products and services (collectively, "Your Use").
By accessing or using the Website, you are agreeing to be bound by this Agreement and shall be enforceable in the same way as if you had signed this Agreement.
THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, SECTION 15 BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.
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 HIGHSUB PRODUCT.
Eligibility
In order to use the Website, you must be 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws. The Website is not intended for children under the age of 18 and no person under the age of 18 may use the Website. If you use the Website, you are affirming that you are at least 18 years old.
Automatic Renewal Terms
If you are placing an order online or by telephone as part of our automatic renewal program, your membership in the program will remain in effect until it is cancelled. If you sign up for an automatic renewal program on the Website in connection with your purchase, the payment card you provide will be charged the amount stated on the web page corresponding to the product you purchase, and your payment card will automatically be charged the same monthly amount every thirty (30) days thereafter.
IF YOU ARE A MEMBER OF OUR AUTOMATIC 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 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 THE TELEPHONE NUMBERS LISTED ON THE WEBSITE UNDER CUSTOMER SERVICE. 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. Changes to such information can be made by notifying us via email: hi@highsub.com
DISPUTE RESOLUTION
It is hoped that should we ever have any differences, we could be able to work them out amiably through email correspondence. However, should a dispute ever arise between us, we agree now that we will submit to binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or jury. Any judgment on an arbitrator's award, if made, is binding and may be entered into any court having the appropriate jurisdiction. Prior to seeking arbitration, you must submit your complaint to us via email at hi@highsub.com. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of any payment made by you to date. No award of consequential or of any other damages may be granted to you.
You agree that any arbitration arising out of or related to the HighSub or these Terms must commence within one (1) year of the date of the claim as submitted by you via email, or shall otherwise be forfeited forever. You also agree that should arbitration take place, the prevailing party shall be entitled to all reasonable attorney's fees and costs.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, designed to disparage Arseni Harkunou, HighSub, Herba Eternum LLC or any of the HighSub Offerings. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as part of the legal process.
Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, this shall not affect the validity or enforceability remainder of the Terms which shall be given full force and effect to the maximum extent permitted by law.
User-Generated Content
Subject to the limitations set forth herein, you may be able to upload any photographs, comments, video clips, reviews and other communications and content to the Website ("Your Content"). Unless we indicate otherwise, by posting or submitting Your Content to the Website, you grant HighSub a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content, and the name submitted in connection with such content, throughout the world in any media now known or hereafter conceived. HighSub and its affiliates are free to use any ideas, concepts or know-how contained in Your Content for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing and marketing products using such information. HighSub is under no obligation (i) to maintain Your Content in confidence; (ii) to pay to you or any third party any compensation for any Your Content; or (iii) to respond to any Your Content. You are and shall remain solely responsible for Your Content.
You represent and warrant that (a) you own or otherwise control all of the rights to Your Content; (b) that Your Content is accurate; and (c) that use of Your Content does not violate this Agreement and will not cause injury to any person or entity.
We will not be responsible or liable to you or to any third party for the content or accuracy of Your Content. HighSub has the right, but not the obligation, to monitor and edit or remove any activity or content. HighSub takes no responsibility and assumes no liability for Your Content or for any of Your Content posted by a third party.
User Conduct
You must only use the Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Website. You may not without our prior written consent:
(i) copy, reproduce, rent, lease, loan or sell content retrieved from the Website;
(ii) modify, distribute, or re-post any content on the Website for any purpose; or
(iii) use the content of the Website for any commercial exploitation whatsoever.
In using the Website, you further agree:
(a) not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or an affiliated or linked Website;
(b) not to disrupt or interfere with any other user's enjoyment of the Website or affiliated or linked Website;
(c) not to upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive, or destructive files;
(d) not to use, frame, or utilize framing techniques to enclose any HighSub trademark, logo, or other proprietary information (including the images found on the Website, the content of any text, or the layout/design of any page or form contained on a Website page) without HighSub' express written consent;
(e) not to reverse engineer, or create derivative works based on the Website or any content (including, without limitation, any software) available through the Website.
(f) not to use meta tags or any other "hidden text" utilizing an HighSub name, trademark, or product name without HighSub' express written consent;
(g) not to deeplink to the Website without HighSub' express written consent;
(h) not to create or use a false identity on the Website, share your account information, or allow any person besides yourself to use your account to access the Website;
(i) not use the Website to collect or store personal data about others;
(j) not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access;
(k) not to post any material that is knowingly false or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or is otherwise in violation of any law. You further agree not to post any copyrighted material unless the copyright is owned by you;
(l) to be bound by the product submission policies of HighSub, including that any product submission you may make to HighSub will not be held in confidence by HighSub and is not proprietary, that HighSub may use the product submission and any aspect thereof for any purposes in HighSub' sole discretion; and
(m) to comply with all applicable laws regarding your use of the Website.
Protection Of Intellectual Property Rights And License
You acknowledge that content available through the Website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers ("Intellectual Property Rights"), is protected by copyright, trademarks, patents, or other proprietary rights and laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy and print content retrieved from the Website for the sole purpose of using or placing an order via the Website, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of HighSub' or a third party's Intellectual Property Rights. Any rights not expressly granted herein are reserved.
Health Disclaimer Regarding Information Provided On The Website
THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEBSITE IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION BEFORE STARTING ANY NEW TREATMENT. WE SUGGEST CONSULTING WITH A PHYSICIAN BEFORE USING ANY HIGHSUB PRODUCTS.
EVERY EFFORT
Every effort has been made to present you with the most accurate, up-to-date information. However, because the field of addiction is constantly evolving, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, adequacy, or availability of our content or guarantee that all of the information provided in the Hip Sobriety Offerings is completely current or suitable for you specifically. You acknowledge that such information and materials provided in any Hip Sobriety Offering you are using, or in material referenced by or linked to by any Hip Sobriety Offering, may contain inaccuracies, errors, or omissions and we expressly disclaim liability for any such inaccuracies, errors, or omissions to the fullest extent permitted by law.
Disclaimer Of Warranties With Respect To Use Of The Website
EXCEPT WHERE INAPPLICABLE OR PROHIBITED BY LAW, INCLUDING IN THE STATE OF NEW JERSEY, THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HighSub EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HighSub DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT IT WILL BE FREE OF DEFECTS. HighSub MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE PROVIDE INFORMATION ON THE WEBSITE FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THE ADVICE OF A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FOR DIAGNOSING OR TREATING A MEDICAL CONDITION. YOU SHOULD CAREFULLY READ ALL PRODUCT INSTRUCTIONS PRIOR TO USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HighSub OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Links To Other Websites That HighSub Does Not Control
The Website may provide links to other websites or resources, including advertisers, over which HighSub has no control. These links are provided solely as a convenience to users and should not be construed as an endorsement by HighSub of content, items, or services on those third-party websites. You access, view and use such website links, including the content, items or services on those websites, solely at your own risk. HighSub makes no representations or warranties with respect to the content, ownership, or legality of any such linked websites. You agree that HighSub has no responsibility or liability for the availability of such external websites or resources, or for the content, advertising, products, or other materials available through such websites or resources. When you leave the Website via a link to another website, you will be subject to the Privacy Policy and the Terms of Use of such other website.
Purchasing Items From Us
Product Representations. HighSub reserves the right to discontinue or change specifications, and prospectively change prices on products, in each case without incurring any obligation to you. HighSub takes reasonable precautions to try to ensure that the prices quoted on the Website are correct, and to describe the items available on the Website as accurately as possible and to depict the most up to date packaging. However, when ordering products, please note that HighSub does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the Website will match the actual product that you receive. If a product described on the Website is not as described when you receive it, or the packaging on the Website does not match the product you receive, your sole remedy is to return it to us in an unused and undamaged condition in accordance with our Return Policy, which is listed on the Website under Customer Service. HighSub' descriptions of, or references to, products not owned by HighSub do not imply endorsement of that product, or constitute a warranty by HighSub.
Pricing Errors and Omissions. Please be aware that prices, availability and other purchase terms are subject to change. We make every effort to ensure the accuracy of the information on the Website and to correct errors once discovered. If we discover an error has occurred after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order.
Order Placement and Acceptance. If you order a product, payment must be received by HighSub prior to HighSub' acceptance of the order. HighSub may require additional information regarding your order if you have not provided all of the information required, and may cancel or limit an order any time after it has been placed.
Your order is expressly conditioned on acceptance of this Agreement. Once a properly completed order, your authorization, and a form of payment have been received, we will promptly locate the item(s) you have ordered to place them in line for shipment. All items are subject to availability. We will promptly inform you if the product(s) you have ordered are not available and we may offer you alternative product(s) of equal quality and value.
HighSub only accepts orders for personal use. You cannot resell items offered on the Website. If HighSub discovers that you are placing orders with the intent to resell items offered on the Website, we may immediately cancel your order, suspend or terminate your account, and pursue any and all available legal remedies from you under applicable law. To the extent your conduct may be fraudulent, such as purchasing products through the use of fake or stolen cards, HighSub will also report you to federal, state and/or local enforcements authorities.
Shipping and Risk of Loss. HighSub will add applicable shipping and handling fees to your order. Unless otherwise noted, HighSub will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although HighSub may provide delivery or shipment timeframes or dates, you understand that those are HighSub' good-faith estimates and may be subject to change. You further understand that product availability may be limited and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. If your order will be delayed (either from the date specified at the time of order or, if no date was specified, beyond 30 days from the date of your order, HighSub will use reasonable good faith efforts to contact you. If HighSub cannot contact you or you no longer wish to receive the item, HighSub will cancel the order and promptly refund the amount tendered. HighSub may reject orders where the stated delivery address is outside the United States.
Sales Tax. In the United States, HighSub is required to collect applicable state and local sales tax on orders shipped to certain states. Taxes apply to most merchandise, but some states exclude certain items, like food products. Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on merchandise. HighSub is required to follow the rules of each state. Your final order total will include the appropriate state and local taxes.
Payment Information. In ordering products through the Website, you agree to provide only true, accurate, current, and complete payment information. By placing an order, you represent and warrant that you will only provide payment information which is yours or for which you are authorized to provide. HighSub shall have the right to cancel your order or to suspend or terminate your account if we have grounds to believe that you have provided inaccurate, not current, fraudulent, or incomplete payment information to HighSub, or for any other reason that we, in our sole discretion, deem appropriate.
International Orders. HighSub may not directly sell certain HighSub products in any jurisdiction other than the United States of America and Canada, as these products may not be approved for sale in other jurisdictions. While HighSub may choose to accept orders for the purchase of its products from non-U.S. residents, the acceptance of such orders and the sale of such products will be subject to the following conditions:
Electronic Communications, Signatures And Agreements
The information communicated on the Website constitutes an electronic communication. When you communicate with HighSub through the Website or via other forms of electronic media, such as e-mail, you are communicating with HighSub electronically. You agree that HighSub may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that HighSub 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 HighSub 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 HighSub, 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 HighSub. 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 With HighSub
To the extent permissible by applicable law, you acknowledge that telephone calls to or from HighSub are monitored and recorded and you agree to such monitoring and recording.
You verify that any contact information provided to HighSub, including, but not limited to, your mailing address, shipping address, e-mail 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 HighSub. You acknowledge that by voluntarily providing your telephone numbers to HighSub, you expressly agree to be contacted at the telephone numbers you provide.
You consent to receive e-mails, pre-recorded voice messages and/or autodialed calls (including text messages) by or on behalf of HighSub relating to this Agreement, any purchase or transaction with HighSub, matters related to your account (including debt collection), and promotions regarding HighSub products. These communications may be made by or on behalf of HighSub, 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 HighSub will not be responsible for these charges.
HighSub may obtain, and you expressly agree to be contacted at, e-mail addresses, mailing or shipping addresses and phone numbers provided by you directly or obtained through other lawful means, such as skip tracing. You agree to provide HighSub notice within 30 days of any change to your contact information by writing to PO Box 29502 #20782, Las Vegas, NV 89126; Attention: HighSub Customer Service or emailing hi@highsub.com. Your consent to this communications provision is not required to make any purchase with HighSub.
Limitation On HighSub' Liability
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL HighSub, ITS SUPPLIERS, PARENTS, SUBSIDIARIES, REPRESENTATIVES, AFFILIATES, AGENTS OR OTHER REPRESENTATIVES 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.
ACCESS TO, AND USE OF, THE HIGHSUB OFFERINGS IS AT YOUR OWN DISCRETION AND RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE MAXIMUM TOTAL LIABILITY OF US, OUR AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS TO YOU FOR ANY CLAIMS RELATED TO THE HIP SOBRIETY OFFERINGS OR THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT YOU PAID OR $15. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other HighSub Offering participant or user. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you in connection with any HighSub Offering, including by your use or inability to use any information obtained on or through the HighSub Offerings, any websites linked thereto, and/or any material provided through the HighSub Offerings, private Facebook group page, or in any other way through the HighSub Offerings by us or by others, including without limitation any liability for any detrimental reliance, physical or mental injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss of damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. By using our Website, registering for, purchasing or using any HighSub Offerings, you agree to our limitation of liability and release us from any and all claims that have arisen or arise directly or indirectly out of, or that relate directly or indirectly to, the HighSub Offerings (including any interactions with, or act or omission of, other users or any third-party links). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
You agree at all times to defend, indemnify, and hold harmless HighSub (and it's owner HERBA ETERNUM LLC), our shareholders, directors, officers, employees, affiliates, successors, transferees, assignees, distributors, licensors or licensees, and their respective parent and subsidiary companies, agents, associates, offices, directors, shareholders and employees of each from and against all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your use of any HighSub Offerings, your violations of these Terms, your violation of any third-party rights through use of the HighSub Offerings, your User Content, or your violation of any applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent.
Indemnification
Except where otherwise inapplicable or prohibited by law, including in the state of New Jersey, you agree to indemnify and hold harmless HighSub, its directors, officers, employees, agents, co-branders, suppliers, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with your breach of this Agreement.
Termination Of Website
HighSub may, in its sole discretion, and at any time, terminate or suspend its operation of the Website or your use of the Website, if HighSub reasonably believes that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and HighSub may, in our discretion, cancel any outstanding orders for the product.
Miscellaneous. This provision is the entire arbitration agreement between you and HighSub and shall not be modified except in writing by HighSub.
Amendments. HighSub reserves the right to amend this arbitration provision at any time. Your continued use of any HighSub Website, purchase of an HighSub product, or use or attempted use of an HighSub product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, HighSub will provide you notice. Your continued use of any HighSub Website, purchase of an HighSub product, or use or attempted use of an HighSub product, after receiving such notice is affirmation of your consent to such material changes.
YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE DATE OF PURCHASE, USE, OR ATTEMPTED USE OF AN HIGHSUB PRODUCT (WHICHEVER COMES FIRST) BY WRITING TO HighSub LLC., 200 COYOTE ST., #1526, NEVADA CITY, CA 95959; ATTN: GENERAL COUNSEL. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY HIGHSUB PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE OF HIGHSUB PRODUCTS. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST THEN PURSUE YOUR CLAIM THROUGH ARBITRATION PURSUANT TO THESE TERMS.
Privacy
In addition to these Terms of Use and Conditions for Sale, your purchase of products through the Website is subject to the Website [PRIVACY POLICY], which is incorporated herein by reference.
Exclusive Venue For Other Controversies
Any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Agreement (other than an individual action filed in small claims court) shall be filed only in the state and federal courts located in New York City, New York, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.
Remedies For HighSub
Notwithstanding the arbitration agreement contained in this Agreement, in order to avoid irreparable injury to HighSub, in the event of any breach or threatened breach by you of the provisions of this Agreement, we shall be entitled to seek an injunction and other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting HighSub from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.
Trademark Notices
HighSub is a trademark of HERBA ETERNUM LLC. All other trademarks and service marks displayed on the Website are the property of HERBA ETERNUM LLC or their respective owners. You may not use or display any trademarks or service marks owned by HERBA ETERNUM LLC without HERBA ETERNUM LLC prior written consent. You may not use or display any other trademarks or service marks displayed on the Website without the permission of their owners.
Copyright Policy
It is HighSub' policy to respect the copyright and intellectual property rights of others. HighSub may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, HighSub may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, HighSub complies with the Digital Millennium Copyright Act.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide HighSub' Copyright Agent the following information:
HighSub may assign, transfer, or sub-contract any of our rights or obligations under these Terms of Use and Conditions of Purchase to any third party at our discretion.
You acknowledge and understand that if HighSub is unable to provide the products as a result of an event outside of its control, HighSub will not be in breach of any of its obligations to you under this Agreement.
Any representations, warranties, and indemnification obligations made or undertaken by you will survive cancellation or termination of your account or relationship with HighSub. No delay by HighSub in exercising any right or remedy under these Terms of Use and Conditions of Purchase shall operate as a waiver of that right or remedy or shall affect HighSub' ability to subsequently exercise that right or remedy. These Terms of Use and Conditions of Purchase constitute the entire agreement between you and HighSub relating to the subject matter herein. Any waiver must be agreed to by HighSub in writing. These Terms of Use and Conditions of Purchase supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise.
FEEDBACK
If you provide feedback to us regarding any Hip Sobriety Offerings ("Feedback"), you acknowledge that the Feedback is not confidential and you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant us a non-exclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use the Feedback in any manner and for any purpose.
Contact Us
Questions about this Terms of Use should be sent to us at hi@highsub.com
PLEASE CAREFULLY READ THESE TERMS OF USE AND CONDITIONS OF SALE BEFORE PLACING AN ORDER ONLINE OR OTHERWISE USING THIS WEBSITE OR ANY OTHER HIGHSUB WEBSITE.
HighSub is owned and operated by HERBA ETERNUM LLC ("HighSub"), a Nevada Limited Liability Company. These Terms of Use and Conditions therefore constitute an agreement between you and HERBA ETERNUM LLC.
This website located at www.highsub.com (the "Website") and any of our programs, products or services, including any content that you download onto your device or personal computer (collectively with the Website, the "HighSub Offerings") are copyrighted works and are owned and operated by HERBA ETERNUM LLC (collectively "HighSub" or "we"). These Terms of Use and Conditions for Sale, and any amendments or supplements to it, together with our Privacy Policy (collectively, the "Agreement") form a legally binding agreement between you and HighSub, and governs your access to and use of any HighSub Website, any order you place through an HighSub website and your use or attempted use of our products and services (collectively, "Your Use").
By accessing or using the Website, you are agreeing to be bound by this Agreement and shall be enforceable in the same way as if you had signed this Agreement.
THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, SECTION 15 BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.
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 HIGHSUB PRODUCT.
Eligibility
In order to use the Website, you must be 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws. The Website is not intended for children under the age of 18 and no person under the age of 18 may use the Website. If you use the Website, you are affirming that you are at least 18 years old.
Automatic Renewal Terms
If you are placing an order online or by telephone as part of our automatic renewal program, your membership in the program will remain in effect until it is cancelled. If you sign up for an automatic renewal program on the Website in connection with your purchase, the payment card you provide will be charged the amount stated on the web page corresponding to the product you purchase, and your payment card will automatically be charged the same monthly amount every thirty (30) days thereafter.
IF YOU ARE A MEMBER OF OUR AUTOMATIC 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 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 THE TELEPHONE NUMBERS LISTED ON THE WEBSITE UNDER CUSTOMER SERVICE. 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. Changes to such information can be made by notifying us via email: hi@highsub.com
DISPUTE RESOLUTION
It is hoped that should we ever have any differences, we could be able to work them out amiably through email correspondence. However, should a dispute ever arise between us, we agree now that we will submit to binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or jury. Any judgment on an arbitrator's award, if made, is binding and may be entered into any court having the appropriate jurisdiction. Prior to seeking arbitration, you must submit your complaint to us via email at hi@highsub.com. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of any payment made by you to date. No award of consequential or of any other damages may be granted to you.
You agree that any arbitration arising out of or related to the HighSub or these Terms must commence within one (1) year of the date of the claim as submitted by you via email, or shall otherwise be forfeited forever. You also agree that should arbitration take place, the prevailing party shall be entitled to all reasonable attorney's fees and costs.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, designed to disparage Arseni Harkunou, HighSub, Herba Eternum LLC or any of the HighSub Offerings. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as part of the legal process.
Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, this shall not affect the validity or enforceability remainder of the Terms which shall be given full force and effect to the maximum extent permitted by law.
User-Generated Content
Subject to the limitations set forth herein, you may be able to upload any photographs, comments, video clips, reviews and other communications and content to the Website ("Your Content"). Unless we indicate otherwise, by posting or submitting Your Content to the Website, you grant HighSub a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content, and the name submitted in connection with such content, throughout the world in any media now known or hereafter conceived. HighSub and its affiliates are free to use any ideas, concepts or know-how contained in Your Content for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing and marketing products using such information. HighSub is under no obligation (i) to maintain Your Content in confidence; (ii) to pay to you or any third party any compensation for any Your Content; or (iii) to respond to any Your Content. You are and shall remain solely responsible for Your Content.
You represent and warrant that (a) you own or otherwise control all of the rights to Your Content; (b) that Your Content is accurate; and (c) that use of Your Content does not violate this Agreement and will not cause injury to any person or entity.
We will not be responsible or liable to you or to any third party for the content or accuracy of Your Content. HighSub has the right, but not the obligation, to monitor and edit or remove any activity or content. HighSub takes no responsibility and assumes no liability for Your Content or for any of Your Content posted by a third party.
User Conduct
You must only use the Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Website. You may not without our prior written consent:
(i) copy, reproduce, rent, lease, loan or sell content retrieved from the Website;
(ii) modify, distribute, or re-post any content on the Website for any purpose; or
(iii) use the content of the Website for any commercial exploitation whatsoever.
In using the Website, you further agree:
(a) not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or an affiliated or linked Website;
(b) not to disrupt or interfere with any other user's enjoyment of the Website or affiliated or linked Website;
(c) not to upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive, or destructive files;
(d) not to use, frame, or utilize framing techniques to enclose any HighSub trademark, logo, or other proprietary information (including the images found on the Website, the content of any text, or the layout/design of any page or form contained on a Website page) without HighSub' express written consent;
(e) not to reverse engineer, or create derivative works based on the Website or any content (including, without limitation, any software) available through the Website.
(f) not to use meta tags or any other "hidden text" utilizing an HighSub name, trademark, or product name without HighSub' express written consent;
(g) not to deeplink to the Website without HighSub' express written consent;
(h) not to create or use a false identity on the Website, share your account information, or allow any person besides yourself to use your account to access the Website;
(i) not use the Website to collect or store personal data about others;
(j) not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access;
(k) not to post any material that is knowingly false or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or is otherwise in violation of any law. You further agree not to post any copyrighted material unless the copyright is owned by you;
(l) to be bound by the product submission policies of HighSub, including that any product submission you may make to HighSub will not be held in confidence by HighSub and is not proprietary, that HighSub may use the product submission and any aspect thereof for any purposes in HighSub' sole discretion; and
(m) to comply with all applicable laws regarding your use of the Website.
Protection Of Intellectual Property Rights And License
You acknowledge that content available through the Website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers ("Intellectual Property Rights"), is protected by copyright, trademarks, patents, or other proprietary rights and laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy and print content retrieved from the Website for the sole purpose of using or placing an order via the Website, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of HighSub' or a third party's Intellectual Property Rights. Any rights not expressly granted herein are reserved.
Health Disclaimer Regarding Information Provided On The Website
THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEBSITE IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION BEFORE STARTING ANY NEW TREATMENT. WE SUGGEST CONSULTING WITH A PHYSICIAN BEFORE USING ANY HIGHSUB PRODUCTS.
EVERY EFFORT
Every effort has been made to present you with the most accurate, up-to-date information. However, because the field of addiction is constantly evolving, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, adequacy, or availability of our content or guarantee that all of the information provided in the Hip Sobriety Offerings is completely current or suitable for you specifically. You acknowledge that such information and materials provided in any Hip Sobriety Offering you are using, or in material referenced by or linked to by any Hip Sobriety Offering, may contain inaccuracies, errors, or omissions and we expressly disclaim liability for any such inaccuracies, errors, or omissions to the fullest extent permitted by law.
Disclaimer Of Warranties With Respect To Use Of The Website
EXCEPT WHERE INAPPLICABLE OR PROHIBITED BY LAW, INCLUDING IN THE STATE OF NEW JERSEY, THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HighSub EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HighSub DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT IT WILL BE FREE OF DEFECTS. HighSub MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE PROVIDE INFORMATION ON THE WEBSITE FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THE ADVICE OF A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FOR DIAGNOSING OR TREATING A MEDICAL CONDITION. YOU SHOULD CAREFULLY READ ALL PRODUCT INSTRUCTIONS PRIOR TO USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HighSub OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Links To Other Websites That HighSub Does Not Control
The Website may provide links to other websites or resources, including advertisers, over which HighSub has no control. These links are provided solely as a convenience to users and should not be construed as an endorsement by HighSub of content, items, or services on those third-party websites. You access, view and use such website links, including the content, items or services on those websites, solely at your own risk. HighSub makes no representations or warranties with respect to the content, ownership, or legality of any such linked websites. You agree that HighSub has no responsibility or liability for the availability of such external websites or resources, or for the content, advertising, products, or other materials available through such websites or resources. When you leave the Website via a link to another website, you will be subject to the Privacy Policy and the Terms of Use of such other website.
Purchasing Items From Us
Product Representations. HighSub reserves the right to discontinue or change specifications, and prospectively change prices on products, in each case without incurring any obligation to you. HighSub takes reasonable precautions to try to ensure that the prices quoted on the Website are correct, and to describe the items available on the Website as accurately as possible and to depict the most up to date packaging. However, when ordering products, please note that HighSub does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the Website will match the actual product that you receive. If a product described on the Website is not as described when you receive it, or the packaging on the Website does not match the product you receive, your sole remedy is to return it to us in an unused and undamaged condition in accordance with our Return Policy, which is listed on the Website under Customer Service. HighSub' descriptions of, or references to, products not owned by HighSub do not imply endorsement of that product, or constitute a warranty by HighSub.
Pricing Errors and Omissions. Please be aware that prices, availability and other purchase terms are subject to change. We make every effort to ensure the accuracy of the information on the Website and to correct errors once discovered. If we discover an error has occurred after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order.
Order Placement and Acceptance. If you order a product, payment must be received by HighSub prior to HighSub' acceptance of the order. HighSub may require additional information regarding your order if you have not provided all of the information required, and may cancel or limit an order any time after it has been placed.
Your order is expressly conditioned on acceptance of this Agreement. Once a properly completed order, your authorization, and a form of payment have been received, we will promptly locate the item(s) you have ordered to place them in line for shipment. All items are subject to availability. We will promptly inform you if the product(s) you have ordered are not available and we may offer you alternative product(s) of equal quality and value.
HighSub only accepts orders for personal use. You cannot resell items offered on the Website. If HighSub discovers that you are placing orders with the intent to resell items offered on the Website, we may immediately cancel your order, suspend or terminate your account, and pursue any and all available legal remedies from you under applicable law. To the extent your conduct may be fraudulent, such as purchasing products through the use of fake or stolen cards, HighSub will also report you to federal, state and/or local enforcements authorities.
Shipping and Risk of Loss. HighSub will add applicable shipping and handling fees to your order. Unless otherwise noted, HighSub will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although HighSub may provide delivery or shipment timeframes or dates, you understand that those are HighSub' good-faith estimates and may be subject to change. You further understand that product availability may be limited and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. If your order will be delayed (either from the date specified at the time of order or, if no date was specified, beyond 30 days from the date of your order, HighSub will use reasonable good faith efforts to contact you. If HighSub cannot contact you or you no longer wish to receive the item, HighSub will cancel the order and promptly refund the amount tendered. HighSub may reject orders where the stated delivery address is outside the United States.
Sales Tax. In the United States, HighSub is required to collect applicable state and local sales tax on orders shipped to certain states. Taxes apply to most merchandise, but some states exclude certain items, like food products. Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on merchandise. HighSub is required to follow the rules of each state. Your final order total will include the appropriate state and local taxes.
Payment Information. In ordering products through the Website, you agree to provide only true, accurate, current, and complete payment information. By placing an order, you represent and warrant that you will only provide payment information which is yours or for which you are authorized to provide. HighSub shall have the right to cancel your order or to suspend or terminate your account if we have grounds to believe that you have provided inaccurate, not current, fraudulent, or incomplete payment information to HighSub, or for any other reason that we, in our sole discretion, deem appropriate.
International Orders. HighSub may not directly sell certain HighSub products in any jurisdiction other than the United States of America and Canada, as these products may not be approved for sale in other jurisdictions. While HighSub may choose to accept orders for the purchase of its products from non-U.S. residents, the acceptance of such orders and the sale of such products will be subject to the following conditions:
- (a) You agree that the purchase of any HighSub products by you, as a non-U.S. resident, shall be (i) ex works HighSub' facilities in the United States per Incoterms 2010, with all title risk and loss in the products passing to you in the United States; and (ii) for your own personal use only and not for further resale or distribution in any manner;
- (b) You agree not to order more than a ninety (90) day supply of any consumable products within any ninety (90) day period;
- (c) You hereby expressly authorize and direct HighSub to load and ship the purchased products to your shipping address, and to contract on your behalf with a courier company for that purpose; and
- (d) You are the principal importer of record and will undertake responsibility for all applicable taxes, shipping, customs clearance, duties and import requirements from HighSub' facilities in the United States to your foreign shipping address.
Electronic Communications, Signatures And Agreements
The information communicated on the Website constitutes an electronic communication. When you communicate with HighSub through the Website or via other forms of electronic media, such as e-mail, you are communicating with HighSub electronically. You agree that HighSub may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that HighSub 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 HighSub 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 HighSub, 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 HighSub. 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 With HighSub
To the extent permissible by applicable law, you acknowledge that telephone calls to or from HighSub are monitored and recorded and you agree to such monitoring and recording.
You verify that any contact information provided to HighSub, including, but not limited to, your mailing address, shipping address, e-mail 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 HighSub. You acknowledge that by voluntarily providing your telephone numbers to HighSub, you expressly agree to be contacted at the telephone numbers you provide.
You consent to receive e-mails, pre-recorded voice messages and/or autodialed calls (including text messages) by or on behalf of HighSub relating to this Agreement, any purchase or transaction with HighSub, matters related to your account (including debt collection), and promotions regarding HighSub products. These communications may be made by or on behalf of HighSub, 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 HighSub will not be responsible for these charges.
HighSub may obtain, and you expressly agree to be contacted at, e-mail addresses, mailing or shipping addresses and phone numbers provided by you directly or obtained through other lawful means, such as skip tracing. You agree to provide HighSub notice within 30 days of any change to your contact information by writing to PO Box 29502 #20782, Las Vegas, NV 89126; Attention: HighSub Customer Service or emailing hi@highsub.com. Your consent to this communications provision is not required to make any purchase with HighSub.
Limitation On HighSub' Liability
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL HighSub, ITS SUPPLIERS, PARENTS, SUBSIDIARIES, REPRESENTATIVES, AFFILIATES, AGENTS OR OTHER REPRESENTATIVES 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.
ACCESS TO, AND USE OF, THE HIGHSUB OFFERINGS IS AT YOUR OWN DISCRETION AND RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE MAXIMUM TOTAL LIABILITY OF US, OUR AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS TO YOU FOR ANY CLAIMS RELATED TO THE HIP SOBRIETY OFFERINGS OR THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT YOU PAID OR $15. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other HighSub Offering participant or user. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you in connection with any HighSub Offering, including by your use or inability to use any information obtained on or through the HighSub Offerings, any websites linked thereto, and/or any material provided through the HighSub Offerings, private Facebook group page, or in any other way through the HighSub Offerings by us or by others, including without limitation any liability for any detrimental reliance, physical or mental injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss of damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. By using our Website, registering for, purchasing or using any HighSub Offerings, you agree to our limitation of liability and release us from any and all claims that have arisen or arise directly or indirectly out of, or that relate directly or indirectly to, the HighSub Offerings (including any interactions with, or act or omission of, other users or any third-party links). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
You agree at all times to defend, indemnify, and hold harmless HighSub (and it's owner HERBA ETERNUM LLC), our shareholders, directors, officers, employees, affiliates, successors, transferees, assignees, distributors, licensors or licensees, and their respective parent and subsidiary companies, agents, associates, offices, directors, shareholders and employees of each from and against all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your use of any HighSub Offerings, your violations of these Terms, your violation of any third-party rights through use of the HighSub Offerings, your User Content, or your violation of any applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent.
Indemnification
Except where otherwise inapplicable or prohibited by law, including in the state of New Jersey, you agree to indemnify and hold harmless HighSub, its directors, officers, employees, agents, co-branders, suppliers, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with your breach of this Agreement.
Termination Of Website
HighSub may, in its sole discretion, and at any time, terminate or suspend its operation of the Website or your use of the Website, if HighSub reasonably believes that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and HighSub may, in our discretion, cancel any outstanding orders for the product.
Miscellaneous. This provision is the entire arbitration agreement between you and HighSub and shall not be modified except in writing by HighSub.
Amendments. HighSub reserves the right to amend this arbitration provision at any time. Your continued use of any HighSub Website, purchase of an HighSub product, or use or attempted use of an HighSub product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, HighSub will provide you notice. Your continued use of any HighSub Website, purchase of an HighSub product, or use or attempted use of an HighSub product, after receiving such notice is affirmation of your consent to such material changes.
YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE DATE OF PURCHASE, USE, OR ATTEMPTED USE OF AN HIGHSUB PRODUCT (WHICHEVER COMES FIRST) BY WRITING TO HighSub LLC., 200 COYOTE ST., #1526, NEVADA CITY, CA 95959; ATTN: GENERAL COUNSEL. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY HIGHSUB PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE OF HIGHSUB PRODUCTS. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST THEN PURSUE YOUR CLAIM THROUGH ARBITRATION PURSUANT TO THESE TERMS.
Privacy
In addition to these Terms of Use and Conditions for Sale, your purchase of products through the Website is subject to the Website [PRIVACY POLICY], which is incorporated herein by reference.
Exclusive Venue For Other Controversies
Any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Agreement (other than an individual action filed in small claims court) shall be filed only in the state and federal courts located in New York City, New York, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.
Remedies For HighSub
Notwithstanding the arbitration agreement contained in this Agreement, in order to avoid irreparable injury to HighSub, in the event of any breach or threatened breach by you of the provisions of this Agreement, we shall be entitled to seek an injunction and other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting HighSub from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.
Trademark Notices
HighSub is a trademark of HERBA ETERNUM LLC. All other trademarks and service marks displayed on the Website are the property of HERBA ETERNUM LLC or their respective owners. You may not use or display any trademarks or service marks owned by HERBA ETERNUM LLC without HERBA ETERNUM LLC prior written consent. You may not use or display any other trademarks or service marks displayed on the Website without the permission of their owners.
Copyright Policy
It is HighSub' policy to respect the copyright and intellectual property rights of others. HighSub may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, HighSub may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, HighSub complies with the Digital Millennium Copyright Act.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide HighSub' Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- A description of the copyrighted work that you claim has been infringed.
- A description of where the material that you claim is infringing is located on the Website. You should identify the material with information reasonably sufficient to allow HighSub to locate the material.
- Your address, telephone number, and e-mail address.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury (e.g., notarized affidavit), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- Please direct inquiries regarding infringement issues by email to hi@highsub.com
HighSub may assign, transfer, or sub-contract any of our rights or obligations under these Terms of Use and Conditions of Purchase to any third party at our discretion.
You acknowledge and understand that if HighSub is unable to provide the products as a result of an event outside of its control, HighSub will not be in breach of any of its obligations to you under this Agreement.
Any representations, warranties, and indemnification obligations made or undertaken by you will survive cancellation or termination of your account or relationship with HighSub. No delay by HighSub in exercising any right or remedy under these Terms of Use and Conditions of Purchase shall operate as a waiver of that right or remedy or shall affect HighSub' ability to subsequently exercise that right or remedy. These Terms of Use and Conditions of Purchase constitute the entire agreement between you and HighSub relating to the subject matter herein. Any waiver must be agreed to by HighSub in writing. These Terms of Use and Conditions of Purchase supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise.
FEEDBACK
If you provide feedback to us regarding any Hip Sobriety Offerings ("Feedback"), you acknowledge that the Feedback is not confidential and you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant us a non-exclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use the Feedback in any manner and for any purpose.
Contact Us
Questions about this Terms of Use should be sent to us at hi@highsub.com