1. Introduction

Welcome to the website of Xi’an Oriherb Bio-tech Co., Ltd. (hereinafter referred to as “we” or the “Company”) (the “Site”). This Terms of Use Agreement (the “Agreement”) is established between you (the “user” or “you”) and us regarding your use of this Site. Please read this Agreement carefully before using the Site. Your use of the Site constitutes your agreement to be bound by the terms and conditions contained herein. If you do not agree to the terms of this Agreement, please do not access or use the Site.

We reserve the right, at our sole discretion, to modify this Agreement with or without notice to you. The “Last Updated” date at the top of this Agreement will indicate when the latest modifications were made. Your continued access and use of the Site following any such modifications constitutes your acceptance of the modified Agreement. Therefore, you should review this Agreement prior to each use of the Site.

2. Not Healthcare or Medical Advice

The products, information, services, and other content provided on and through this Site, including any information provided by healthcare or nutrition professionals, and any content provided on any Linked Sites (as defined herein), are for informational purposes only and are intended to facilitate discussions with your physician or other healthcare professional (collectively, “Healthcare Professional”) regarding treatment options.

Information provided on this Site and Linked Sites, including information relating to medical and health conditions, products, and treatments, is often provided in summary or aggregate form. It is not intended as a substitute for advice from your Healthcare Professional or for any information contained on or in any product label or packaging.

You should not use the information or services on this Site for the diagnosis or treatment of any health problem or for the prescription of any medication or other treatment. You should always consult with your Healthcare Professional and carefully read all information provided by the product manufacturer and on or in any product label or packaging before using any medication or nutritional, herbal, or homeopathic product, before starting any diet or exercise program, or before adopting any treatment for a health problem.

We are not responsible for any products or services sold on or through this Site, nor for any claims of quality or performance made on or through this Site.

3. Purchases

If you make a purchase on the Site, your purchase will be subject to the terms of our Purchase Policy (which is incorporated by reference into and forms part of this Agreement). Please review our Purchase Policy before making any purchase.

4. Privacy

Use of this Site is subject to the terms of our Privacy Policy.

5. Intellectual Property Rights

You acknowledge that all materials on the Site, including the Site’s design, graphics, text, sounds, pictures, software, and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of the Company or its licensors and are subject to and protected by the laws of the People’s Republic of China and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in this Agreement are reserved to their respective copyright owners.

Except as expressly authorized by this Agreement or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works, or otherwise use any of the Materials in any form or by any means without the prior written authorization of the Company or the respective copyright owner. The Company authorizes you to view and download the Materials only for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials.

The trademarks, service marks, trade names, trade dress, and logos (collectively, “Marks”) contained or described on this Site (including, without limitation, ORIHERB and any Marks associated with any products available on the Site) are the sole property of the Company. These Marks may not be copied, imitated, or used, in whole or in part, without the prior written authorization of the Company.

6. Links to Third-Party Websites

Links on the Site to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the Site. We do not control or endorse any such third-party websites. You agree that the Company and its Affiliated Parties shall not be responsible or liable for any content, goods, or services provided on or through these outside websites or for your use or inability to use such websites.

7. Disclaimer and Limitation of Liability

7.1. You expressly understand and agree that your use of the Site is at your sole risk. The Site and the Materials contained herein are provided on an “as is” and “as available” basis. To the fullest extent permissible by applicable law, the Company and its Affiliated Parties disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

7.2. The Company and its Affiliated Parties make no warranty that (I) the Site will meet your requirements; (II) the Site will be uninterrupted, timely, secure, or error-free; (III) the results that may be obtained from the use of the Site will be accurate or reliable; (IV) the quality of any products, services, information, or other material obtained by you through the Site will meet your expectations.

7.3. All products and services purchased on or through the Site are subject only to any applicable warranties of their respective manufacturers, distributors, and/or suppliers, if any. To the fullest extent permissible by applicable law, the Company and its Affiliated Parties disclaim all warranties of any kind with respect to the products and services listed or purchased on or through the Site.

7.4. In no event shall the Company or its Affiliated Parties be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of or inability to use the Site. This limitation of liability is a fundamental element of the basis of the bargain between you and the Company. The products, information, and services offered on and through the Site would not be provided without such limitations.

7.5. Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, the exclusions and limitations of liability shall be limited to the fullest extent permitted by applicable law.

8. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its Affiliated Parties from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Site, your violation of this Agreement, or your infringement of any rights of another.

9. User Conduct and Account Responsibility

You agree to use the Site lawfully and are entirely responsible for all activities conducted under your account. You must provide true, accurate, current, and complete information and keep your account password confidential. You agree to notify us immediately of any unauthorized use of your account.

10. Applicable Law and Dispute Resolution

The interpretation and application of this Agreement shall be governed by the laws of the People’s Republic of China. Any dispute arising from or in connection with this Agreement or your use of the Site shall first be resolved through friendly negotiations. Should negotiations fail, either party may submit the dispute to the competent People’s Court in Xi’an for litigation.

11. Severability

If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

12. Contact Us

If you have any questions, comments, or complaints regarding this Agreement or the Site, or wish to report any violation of this Agreement, please contact us at:

• • Company Name: Xi’an Oriherb Bio-tech Co., Ltd 
  • Email: support@oriherb.com
  • Phone: 86-029-68831797

---

Last Updated: 10, May, 2020