Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the terms. Shire City Herbals, Inc. reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the shirecityherbals.com website following any such changes constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this website.
All of the content you see and hear on the shirecityherbals.com website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Shire City Herbals, Inc., one of its affiliates or by third parties who have licensed their materials to Shire City Herbals, Inc. The entire content of the shirecityherbals.com website is copyrighted as a collective work under U.S. copyright laws, and coordination, arrangement, and enhancement of the content.
The content of the shirecityherbals.com website, and the site as a whole, are intended solely for the personal, noncommercial use by the users of our site. You may download, print or store selected portions of the content, provided you (1) only use these materials for your own personal, noncommercial use, (2) do not copy or post the content on any network computer and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice.
No right, title or interest in any content or materials is transferred to you as a result of any such activities. Shire City Herbals, Inc. reserves complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from this website.
Shire City Herbals, Inc. is a federally registered trademark. Except as noted above, you may not copy, download, reproduce, modify, publish, redistribute, retransmit, publicly display, publicly perform or create derivative works from the content without first obtaining written permission from Shire City Herbals, Inc..
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to shirecityherbals.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain Shire City Herbals, Inc. property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Shire City Herbals, Inc. of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Thus, Shire City Herbals, Inc. will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Shire City Herbals, Inc. is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.
At shirecityherbals.com, our commitment is to offer convenience, service, and product availability online at compelling prices every day, with certain limited time offerings of merchandise at promotional prices. While merchandise offered online at shirecityherbals.com will usually be priced the same as merchandise offered at our retail stores, in some cases, our retail partners may have different prices or promotional events at different times.
CORRECTION OF ERRORS AND INACCURACIES
The information of the shirecityherabls.com website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you.
In the event a shirecityherabls.com product is listed at an incorrect price due to typographical error or systems error, Shire City Herbals, Inc. shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Shire City Herbals, Inc. shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Shire City Herbals, Inc. shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site or completing the registration or shopping process. These terms and conditions, or any of them, may be terminated by Shire City Herbals, Inc. without notice at any time for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Shire City Herbals, Inc. may deliver notice to you by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail to your address on record in shirecityherabls.com account information.
ENFORCEMENT OF TERMS AND CONDITIONS
By accessing and using the shirecityherabls.com website, you agree that your access to and use of the shirecityherabls.com website is subject to these Terms and Conditions, as well as all applicable laws, as governed and interpreted pursuant to the laws of the Commonwealth of Massachusetts, United States of America.
LAW AND JURISDICTION
These terms and conditions will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the Courts of Berkshire County, Commonwealth of Massachusetts or the Federal Courts for the District of Massachusetts and you hereby consent to the personal jurisdiction of such courts. You hereby waive any objection that you may now or hereafter have to the venue of any such suit or any such Court or that such suit is brought in an inconvenient forum.
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 provisions will continue in effect.
These terms and conditions, constitute the entire agreement between you and Shire City Herbals, Inc. in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
USE OF SITE
Harassment in any manner or form of the site, including via email and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Shire City Herbals, Inc. or other licensed employee, host, or representative as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through this site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or organization.
You agree to indemnify, defend, and hold harmless Shire City Herbals, Inc., its officers, directors, employees, agents, attorneys, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our site visitors, Shire City Herbals, Inc. may choose various third-party websites to link to from its own site. However, even if the third party is affiliated with Shire City Herbals, Inc., Shire City Herbals, Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Shire City Herbals, Inc.. Shire City Herbals, Inc. has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such websites. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Shire City Herbals, Inc. seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its site, but for sites it links to as well (including if a specific link does not work).
THIS SITE AND THE MATERIALS AND PRODUCTS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Shire City Herbals, Inc. DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Shire City Herbals, Inc. DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Shire City Herbals, Inc. DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
Shire City Herbals, Inc. SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF Shire City Herbals, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
By tagging your photographs and videos (together, the "Photos") #firecider #shriecityherbals on Twitter, Instagram, Facebook or Pinterest you, the undersigned, hereby grants Shire City Herbals, Inc, and their agents, affiliates and/or assignees, a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide, perpetual license to display, distribute, reproduce, and create derivatives of the Photos, in whole or in part, without further review or participation from you, in any medium now existing or subsequently developed, in connection with the #firecider #shirecityherbals hub. You also grant Shire City Herbals, Inc permission to use and authorize others to use your name or social media handle and any profile picture you provide in association with the Photos for identification, publicity related to the #firecider #shriecityherbals hub, and for similar promotional purposes. You represent and warrant that: (i) you own the Photos you tag using the hashtag #firecider #shriecityherbals or otherwise have the right to grant the rights and licenses set forth in these terms and conditions; (ii) the posting and use of your Photos on Fire Cider’s page or timeline on Twitter, Instagram, Facebook or Pinterest and on the website located at www.firecider.com, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (iii) you have the legal right and capacity to enter into these terms and conditions. You hereby release Shire City Herbals, Inc and their agents, affiliates and/ or assignees from any and all claims for damages of any kind resulting from the use of the Photos.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND
Shire City Herbals, Inc. (hereinafter, “We,” “Us,” “Our”) is offering a mobile
messaging program (the “Program”), which you agree to use and participate in
arbitration, as detailed in the “Dispute Resolution” section below. This
Agreement is limited to the Program and is not intended to modify other Terms
and Us in other contexts.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages
by affirmatively opting into the Program, such as through online or
application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no
longer agree to this Agreement, you agree to reply STOP, END, CANCEL,
UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of
the Program. You may receive an additional mobile message confirming your
decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile
telephone number that has been used to subscribe to the Program, including
canceling your service plan or selling or transferring the phone number to
another party, you agree that you will complete the User Opt Out process set
forth above prior to ending your use of the mobile telephone number. You
understand and agree that your agreement to do so is a material part of these
terms and conditions. You further agree that, if you discontinue the use of
your mobile telephone number without notifying Us of such change, you
agree that you will be responsible for all costs (including attorneys’ fees)
and liabilities incurred by Us, or any party that assists in the delivery of the
mobile messages, as a result of claims brought by individual(s) who are
later assigned that mobile telephone number. This duty and agreement shall
survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US
HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR
FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE
PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE
TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR
SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS
PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO
CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt
into the Program can expect to receive messages concerning the marketing and sale of Fire Cider ACV Tonics and related merchandise, offers, sales, promos and updates.
Cost and Frequency: Message and data rates may apply. The Program
involves recurring mobile messages, and additional mobile messages may be
sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to
the number you received messages from or email us at CustomerService@shirecityherabls.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if
your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and
may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own,
capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under
thirteen (13) years of age. If you use or engage with the Platform and are
between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited
content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing,
or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness,
violence, bigotry, hatred, and discrimination on the basis of race, sex, religion,
nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other
- Any product, service, or promotion that is unlawful where such product,
service, or promotion thereof is received;
- Any content that implicates and/or references personal health information
that is protected by the Health Insurance Portability and Accountability Act
(“HIPAA”) or the Health Information Technology for Economic and Clinical Health
Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction
from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy
between you and Us, or between you and 317 LABS, INC. or any other
third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Pittsfield, MA before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with
the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Shire City Herbal, Inc.’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary
rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
www.shirecityherabls.com is operated in the United States by Shire City Herbals, Inc. Shire City Herbals, Inc is a Massachusetts based corporation with its registered office at 15 Commercial Street, Pittsfield, Massachusetts 01201.