Terms of Service

By consenting (submitting a payment or request for services) ("Consent"), this Service Agreement ("Agreement") is entered into by You and Virginia Ahearn ("Virginia") and is a legally binding agreement between You and Virginia. By Your Consent, You represent and warrant that You have read, understood and expressly agreed to be bound by the terms and conditions contained in this Agreement.

  • DEFINITIONS.
    1. "Virginia" refers to Virginia Ahearn.
    2. "You" shall mean but not be limited to the individual person, program, operating system, end user, entity, electronic agent or system consenting to and entering into this Agreement on the Website.
    3. "Website" shall mean VAHerbalist.com and all pages of VAHerbalist.com.
    4. "Price" shall mean the entire price provided to You by Virginia for performance of Services.
    5. "Services" refers to a range of different transactions, including but not limited to consultations, deliverables, and advice.
  • SERVICES.

    The scope and expectations of any offered Services are outlined on their repective pages on the Website.

  • INFORMED CONSENT.

    Some Services require agreement to a seperate Informed Consent disclosure which is available on the Website.

  • TERMINATION.

    Virginia expressly reserves to right to cancel this Agreement at any time upon: (a) written notice to You (the "Cancellation Notice") via email, the Website, or postal service; and (b) refund of any unexpended amount of the price after deducting for the services already provided to You.

  • INDEMNIFICATION.

    YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Virginia, HER EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING BUT NOT LIMITED TO LEGAL FEES, EXPERT FEES AND COSTS THAT MAY ARISE OUT OF OR INCIDENT TO THE SERVICES PROVIDED, THIS AGREEMENT, THE WEBSITE, INFRINGEMENT OF COPYRIGHT, TRADEMARK, PATENT, INTELLECTUAL PROPERTY, OR PROPRIETARY RIGHTS OF ANY NATURE WHATSOEVER, AND NOT CAUSED BY THE GROSS NEGLIGENCE AND WILLFUL MISCONDUCT OF Virginia. YOU FURTHER ACKNOWLEDGE, AGREE AND WAIVE ANY CLAIMS OF YOURS FOR DAMAGES YOU SUFFER, OR FOR ANY CLAIM AGAINST YOU MADE BY ANY THIRD PARTY, ARISING FROM OR RELATING TO THE SERVICES PROVIDED, THIS AGREEMENT, THE WEBSITE, INFRINGEMENT OF COPYRIGHT, TRADEMARK, PATENT, INTELLECTUAL PROPERTY, OR PROPRIETARY RIGHTS OF ANY NATURE WHATSOEVERREGARDLESS OF THE NATURE OF THE CLAIM, OR THE CAUSE OF ACTION AND ON ANY THEORY OF LIABILITY, EXCEPT FOR ANY CLAIMS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF Virginia.

  • WARRANTIES AND DISCLAIMERS.

    Virginia PROVIDES HER SERVICES, WITHOUT WARRANTY OF ANY KIND INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WITHOUT MAKING ANY WARRANTIES THAT THE SERVICES WILL BE ACCURATE, CORRECT, USABLE, RELIABLE, MEET YOUR EXPECTATIONS, BE UNINTERRUPTED, SECURE, OR TIMELY.

  • CONFIDENTIALITY.

    This Agreement is subject to the Privacy Policy which is set forth on the Website.

  • MISCELLANEOUS
    1. Choice of Law and Venue. The laws of the State of New Jersey, of the United States of America without giving effect to its choice of law principles shall govern the applicability, interpretation and validity of these Terms and Conditions. You hereby agree that the State and Federal Courts located in Middlesex County, New Jersey in the United States of America shall be the exclusive venue for any dispute, action, claim or contest arising out of or related in any manner to the Terms and Conditions.
    2. Construction. As used in these Terms and Conditions, the masculine, feminine or neuter gender and the singular or plural numbers shall each be deemed to include the other whenever the context so requires. These Terms and Conditions shall be construed as a whole and in accordance with its fair meaning and without regard to any presumption or other rule requiring construction against the Party causing these Terms and Conditions or any part of these Terms and Conditions to be drafted. The Parties acknowledge that each Party has reviewed this Agreement and has had the opportunity to have it reviewed by legal counsel. If any words or phrases in this Agreement are stricken or otherwise eliminated, whether or not other words or phrases have been added, these Terms and Conditions shall be construed as if the words or phrases stricken or otherwise eliminated were never included in these Terms and Conditions, and no implication or inference will be drawn from the fact that the words or phrases were stricken or otherwise eliminated.
    3. Entire Agreement. These Terms and Conditions are the entire agreement between You and Virginia pertaining to Your access and use for any purpose whatsoever of the Website. There are no oral promises, conditions, representations, understandings, interpretations or terms of any kind as conditions or inducements to the acceptance by You of the Terms and Conditions. Virginia may amend, modify, change, revise or alter in any manner Virginia deems necessary and her absolute and sole discretion the Terms and Conditions of the Website without notice to You and without Your consent.
    4. Section Headings. The section headings in these Terms and Conditions are inserted only for convenience and reference and the parties intend that they shall be disregarded in interpreting these Terms and Conditions.
    5. Waiver. No delay or failure by Virginia in exercising any of its rights or enforcing any of the provisions of the Terms and Conditions shall constitute a waiver of that right or provision.
    6. Force Majeure. No Party shall be liable for any delay or failure in performance of any part of this Agreement (other than obligations to pay money) if the delay or failure in performance is related to unusually severe weather, flood, fire, lightning, epidemic, quarantine restriction, war, sabotage, act of a public enemy, earthquake, insurrection, riot, civil disturbance, strike, work stoppage caused by jurisdictional and similar disputes, restraint by court order or public authority, or action or nonaction by or inability to obtain authorization or approval from any Governmental Authority, family-related issues, or any combination of these causes, which by the exercise of due diligence and foresight such Party could not reasonably have been expected to avoid and which by the exercise of due diligence is unable to overcome (a "Force Majeure Event"). If a Party is unable to perform any part of this Agreement by reason of a Force Majeure Event, the nonperforming Party shall give prompt notice of such fact to the other Party. In the event of a Force Majeure the Party that is unable to perform shall: (1) exercise all reasonable efforts to continue to perform its obligations under this Agreement; (2) expeditiously take action (if possible) to correct or cure the event or condition excusing performance so that the suspension of performance is no greater in scope and no longer in duration than is dictated by the problem; (3) exercise all reasonable efforts to mitigate or limit damages to the other Party; and (4) provide prompt notice to the other Party of the cessation of the event or condition giving rise to its excuse from performance.
Virginia's Bio Testimonials Photos
General Information Host an Herbal Class Herbal Articles By Virginia