COPYRIGHT

Herb Nerd owns the intellectual property rights in the website and material on the website. Unless otherwise specified, the entire contents of the website and the technology underlying, including but not limited to text, graphics, images, audio files, videos, digital downloads, data compilation, or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Herb Nerd and is protected by copyright and other intellectual property or proprietary rights. The collective work includes all works that are licensed to Herb Nerd. Copyright © 2020. All rights reserved.

LICENSE TO USE WEBSITE

Herb Nerd owns the intellectual property rights in the website and material on the website, unless otherwise specified. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website (except for content specifically and expressly made available for redistribution).

Where content is specifically made available for redistribution, it may only be redistributed within your organization.

ACCEPTABLE USE

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Herb Nerd’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Herb Nerd’s express written consent.

RESTRICTED ACCESS

Access to certain areas of this website is restricted. Herb Nerd reserves the right to restrict access to areas of this website, or indeed this entire website, at Herb Nerd’s discretion.

If Herb Nerd provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Herb Nerd may disable or change your user ID and password in Herb Nerd’s sole discretion without notice or explanation.

USER CONTENT

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Herb Nerd a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Herb Nerd the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Herb Nerd or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Herb Nerd reserves the right to edit or remove any material submitted to this website, or stored on Herb Nerd servers, or hosted or published upon this website.

BLOG CONTRIBUTOR CONTENT

By submitting blog Articles to the Herb Nerd, Writers hereby assign to Herb Nerd all exclusive rights to publish the blog Articles, and all previously submitted articles of Writers, on the Herb Nerd website, unless otherwise specified in writing.

NO WARRANTIES

This website is provided “as is” without any representations or warranties, express or implied.  Herb Nerd makes no representations or warranties in relation to this website or the information and materials provided on this website.

All content on the website is provided to you on an “as is” “as available” basis without warranty of any kind expresser or implied, including but not limited to implied warranties of merchantability, or fitness for a particular purpose. Herb Nerd makes no warranty as to the accuracy, completeness or reliability of any content available through the website. You are responsible for verifying any information before relying on it.

Use of the website and the content available on the website is at your sole risk. Information contained on this site is not intended to be a substitute for medical treatment or diagnosis. All persons should consult their medical care provider prior taking or relying upon any herbal product, especially women who are pregnant or nursing, and persons with known medical conditions.

Without prejudice to the generality of the foregoing paragraph, Herb Nerd does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Through this website you are able to link to other websites which are not under the control of the Herb Nerd. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

LIMITATIONS OF LIABILITY

Herb Nerd will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Herb Nerd has been expressly advised of the potential loss.

EXCEPTIONS

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Herb Nerd’s liability in respect of any:

  • death or personal injury caused by Herb Nerd’s negligence;
  • fraud or fraudulent misrepresentation on the part of Herb Nerd; or
  • matter which it would be illegal or unlawful for Academy to exclude or limit, or to attempt or purport to exclude or limit, its liability.

REASONABLENESS

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

OTHER PARTIES

You accept that, as a limited liability entity, Herb Nerd has an interest in limiting the personal liability of its officers, contractors, and employees.  You agree that you will not bring any claim personally against Herb Nerd’s officers, contractors, or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Herb Nerd’s officers, employees, agents, subsidiaries, successors, assigns, and contractors, and sub-contractors as well as Herb Nerd.

UNENFORCEABLE PROVISIONS

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

INDEMNITY

You hereby indemnify Herb Nerd and undertake to keep Herb Nerd indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Herb Nerd to a third party in settlement of a claim or dispute on the advice of Herb Nerd’s legal advisers) incurred or suffered by Herb Nerd arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

BREACHES OF THESE TERMS AND CONDITIONS

Without prejudice to Herb Nerd’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Herb Nerd may take such action as Herb Nerd deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your Internet service provider to request that they block your access to the website, and/or bringing court proceedings against you.

VARIATION

Herb Nerd may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

ASSIGNMENT

Herb Nerd may transfer, sub-contract, or otherwise deal with Herb Nerd’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

SEVERABILITY

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

REFUND POLICY FOR PAID ONLINE INTENSIVES AND WORKSHOPS

There are no refunds for intensive workshops.

INTERNATIONAL STUDENTS AND CUSTOMERS

All website prices are listed in USD. Contact your bank for current exchange rates.

STUDENT CANCELLATION, WITHDRAWAL, AND REFUND POLICY FOR PAID ONLINE COURSES

Students enrolled with a payment plan are responsible for paying for the course in full. Payments for payment plans are withdrawn automatically each month and there is no option to stop payment once the student has enrolled with a payment plan unless enrollment is canceled within the first 7 days after enrolling. By downloading the monograph or recipe PDF documents within the first 7 days of enrolling, students are agreeing to pay for the course, and no cancellations of payment plans are allowed. No refunds or cancellation of payment plans will occur for students who have accessed 50% or more of any course within the first 7 days of enrollment.

Should there be a declined or failed payment, students must manually confirm the payment through their student account. The Herb Nerd will perform multiple automated attempts to collect the payment of a failed or overdue installment to fulfill this agreement until accounts with failed payments are paid in full. If a failed or declined payment is not paid within 3 months, the Herb Nerd reserves the right to cancel the student’s enrollment entirely and remove student access to their course, including any and all course progress and quiz records to date. In this case, students will not be refunded previous payments made towards the course. To continue with the course, students shall be required to re-enroll in the course without payment credit for past payments.

Students with active accounts in good-standing or students with paid-in-full expired accounts may elect to transfer to a second edition of a course. This transfer is not considered a registration and is optional. An administrative fee will be applied at the time of transfer. Transferring to a new edition is permanent and is not reversible. No refunds will be granted for transfer administrative fees or for any tuition paid on first edition courses that are past 7 days of registration.

For those students paying in installments, refunds are calculated based on the entire course cost, not the first installment. When calculating refunds for accounts paid in installments, HA will keep 20% of the cost of the course.

COURSE TIME ACCESS AND EXPIRATION DATE POLICY

Please refer to the Course Information pages to identify how long you will have access into each program.

Students are provided 1 year to finish each individual Herb Nerd course. The clock on each course does not start until the student presses the start course button. Extensions may be available for a small fee if needed and within a reasonable amount of time.

Students transferring from a prior edition to a new edition of an active course will have their access period reset when they transfer to the new course edition and will need to start from the beginning of the course. Access to previous courses and quizzes will be removed. Prior certificates earned will remain in the student dashboard.

Students with paid-in-full expired courses may transfer to a new edition of a course and must start the course from the beginning. Access to previous courses and quizzes will be removed. Prior certificates earned will remain in the student dashboard.

Students must begin their program(s) within 12 months of purchase. Should students be enrolled in Path Packages (multiple programs), they must remain active in their studies with no more than 12 month breaks between courses. Reasonable notice will be given to all active students if the Herb Nerd foresees closure. From the time the Herb Nerd announces closure of the school, students must finish their program(s) within the allotted course access period of the closure notice from the announcement date.

COURSE TRANSFERS

Once enrolled, students may not transfer from one course to another or from a single course registration to a Course Bundle. 

Students transferring from a prior edition to a new edition of an active course will have their access period reset when they transfer to the new course edition and will need to start from the beginning of the course. Access to previous courses and quizzes will be removed. Prior certificates earned will remain in the student dashboard.

Students with paid-in-full expired courses may transfer to a new edition of a course and must start the course from the beginning. Access to previous courses and quizzes will be removed. Prior certificates earned will remain in the student dashboard.

COURSE EXPANSIONS

Herb Nerd may expand existing course material from time to time. When possible, currently enrolled students will have the option to transfer into expanded courses and upon doing so may be charged an administrative fee to cover the cost of the expanded course development and content.

TEACHER ROLES

Herb Nerd associates and course instructors share their experience and knowledge through online courses, blog articles. Information shared by instructors should not be misconstrued as medical advice.

FORUMS AND COMMUNITY GROUPS POLICY

The Herb Nerd Forums and Community Groups provide a place for students to share tips, projects, and ideas, as well as news that might be of interest to the Herb Nerd community. The forums are not a place to seek medical advice. Members are expected to be polite, respectful, and use good Internet etiquette when interacting with other members in Herb Nerd Online Forums and Community Groups. Information shared and discussed on Herb Nerd Online Forums and Community Groups is not intended to be a substitute for medical treatment or diagnosis.

By joining the Herb Nerd’s Forum or Community Groups, you agree to engage in courteous discourse with all members and refrain from providing or asking for medical advice, personal attacks, uncordial comments, and other negative dialogue. Not abiding by these and other guidelines set forth in the groups will lead to your removal from the group.

GOODS SHOP POLICIES

International customers: All our Herb Shop prices are listed in USD. Contact your bank for current exchange rates.

Shipping: All Goods merchandise orders will be shipped within 10 business days of being placed. 

Before you check out, you will be able to review your total cart costs including shipping fees.

Backorders: If a product runs out of inventory, that item will be placed on backorder. If your order contains multiple items, some on backorder and some not on backorder, the part of your order that is in stock will be shipped immediately. When the backordered item is restocked, we will ship you the remainder of your order without charging additional shipping fees for that item.

Exchanges: Products may be exchanged if they are unopened. You are responsible for the shipping and packaging fees to return your order. You will not be charged an additional shipping fee to be sent an exchanged item.

Returns for Unopened Merchandise: Unopened merchandise in its original, intact packaging may be returned within 30 days of purchase for a full refund less original shipping fees. You are responsible for the shipping and packaging fees to return your order. Please email us via our contact us form to let us know about your return. Include the original packing slip or provide some other indication of who you are in the return package.

Returns for Opened Merchandise: there are no returns on opened merchandise.

Send returns to:

Herb Nerd

PO Box 2655

Sebastopol, Ca 95473

ENTIRE AGREEMENT

These terms and conditions, together with information sent to you at registration for courses, memberships, or other products, constitute the entire agreement between you and Herb Nerd in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.