Terms and Conditions
Agreement between user and NewLeafEssentials.com
Welcome to NewLeafEssentials.com. The NewLeafEssentials.com website (the “Site”) is comprised of various web pages operated by East Sun Herbs (“East Sun Herbs”). NewLeafEssentials.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of NewLeafEssentials.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. If you disagree with any part of these Terms and Conditions, please do not use our website.
NewLeafEssentials.com is a E-commerce Site.
East Sun Herbs markets products for herbal self management.
Visiting NewLeafEssentials.com or sending emails to East Sun Herbs constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
By subscribing to East Sun Herbs or submitting your email address to East Sun Herbs you agree to receive emails from us. We will use the email address for the sole purpose of sending you announcements and offers from East Sun Herbs along with site and account updates. Each email we send will contain information on how to unsubscribe from our mailing list. You can also request to unsubscribe by emailing email@example.com.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that East Sun Herbs is not responsible for third party access to your account that results from theft or misappropriation of your account. East Sun Herbs and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
East Sun Herbs does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use NewLeafEssentials.com only with permission of a parent or guardian.
You may cancel your account at any time. Please contact firstname.lastname@example.org for assistance.
We currently have a returns policy of 7 days from the date of delivery and this applies to all products. If you are dissatisfied with any product you receive, you can request a replacement as long as it meets our conditions.
East Sun Herbs will not accept return of any product:
- That has been altered in any way.
- That has been used.
- That is not in its original condition and packaging.
Please, buyer pays for return shipping.
Except for products which are determined by East Sun Herbs to be defective and therefore returnable, all sales are final and products are not returnable. Unauthorized return of product will not be accepted by East Sun Herbs.
After an item is received, we refund the full cost of eligible purchases minus the cost of shipping and other related expenses and we transfer the remaining amount to your Store Credit. We do not give cash refunds. Refunds to Store Credit account are posted the same day.
Monthly Delivery Subscription
East Sun Herbs offers Monthly Delivery Subscriptions.
By purchasing a Monthly Delivery Subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancelation. Your subscription will be automatically extended for successive monthly periods, at the then-current subscription rate.
East Sun Herbs Monthly Delivery Subscriptions are available for United States shipping addresses only.
You must be 18 years of age or older to subscribe to East Sun Herbs Monthly Delivery Subscriptions.
East Sun Herbs offers Store Credit rewards through its AFFILIATE program.
Please read these Terms and Conditions carefully prior to applying to become an AFFILIATE, as they set out the legal rights and obligations in relation to the AFFILIATE Program.
By filling out the New Affiliate Account Signup Form you acknowledge that you have read these Terms and Conditions for the East Sun Herbs AFFILIATE Program, understand, and agree with them. By filling out the New Affiliate Account Signup Form you will automatically become an AFFILIATE and are bound by the terms of this agreement. Your participation in the program is solely for this purpose: to legally advertise our website to receive a commission on products purchased by your referral individuals.
The East Sun Herbs AFFILIATE Program (“AFFILIATE Program”) is established between East Sun Herbs (“East Sun Herbs”) and you (“You, Your, AFFILIATE”) as an AFFILIATE of East Sun Herbs and part of the AFFILIATE Program.
East Sun Herbs reserves the right to amend these Terms and Conditions and the AFFILIATE Program at any time and your application to join the AFFILIATE Program constitutes your agreement to be bound by these Terms and Conditions and as they may be amended from time to time.
In order to become an AFFILIATE, all applicants must submit their details through the AFFILIATE Program on the East Sun Herbs website.
When approved as an AFFILIATE, you will receive a unique code to share with your clients. Should your clients make a purchase using your unique code, you will then be credited with commission which will be credited directly to your account in the form of Store Credit. This commission shall take into account any discounts the client receives but does not take into account shipping costs. The commission is currently set at 10% of your client’s order (“the Commission”).
To receive the Commission, your client must use your unique code when they place each order. Should the client seek to return the product for which the Commission has been paid, East Sun Herbs shall debit your account for any Commission paid for said sale. No Commission will be applied if your client forgot to use your code during an order, and we will not enter into discussions on this point.
Only orders that come through the AFFILIATE link provided by East Sun Herbs, or the AFFILIATE’s name is selected from the dropdown list on the NewLeafEssentials.com shopping cart, will be credited to the AFFILIATEs account for commission payment.
Commissions are not paid on orders placed by the AFFILIATE him/or herself, nor to any immediate family members (spouse, children, etc.).
East Sun Herbs has the right to cancel or suspend any AFFILIATE’s account at its complete discretion should any behaviour of the AFFILIATE be deemed unacceptable to East Sun Herbs, including any fraudulent activity.
You acknowledge that East Sun Herbs is the sole owner of all intellectual property in relation to its products, package designs, the AFFILIATE Program, website design and content, and that you shall not infringe any of East Sun Herbs’ intellectual property rights in relation thereto. As an AFFILIATE, you are granted a non-exclusive, limited, revocable right to use East Sun Herbs trademarks, content and imagery. For the avoidance of doubt, all intellectual property rights, including trademarks, copyrights and service marks related to East Sun Herbs shall remain East Sun Herbs sole property. You may not modify the trademarks, the contents or any images provided to you in any way.
By recommending East Sun Herbs products, you agree to indemnify and hold harmless East Sun Herbs and its officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses directly or indirectly arising from or relating to any offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto. You also assume responsibility for any communications with your clients in relation to the East Sun Herbs AFFILIATE Program including advice on supplementation and East Sun Herbs shall not be held liable in relation thereto.
The AFFILIATE Program is subject to these Terms and Conditions.
AFFILIATEs are not to promote their code directly to East Sun Herbs social media channels, nor should they post them to coupon code websites.
AFFILIATE agrees that he/she is an independent contractor, and nothing in this Agreement creates any partnership, joint venture, franchise, or employment relationship between AFFILIATE and East Sun Herbs. The AFFILIATE is responsible for reporting their earned income and paying their taxes per law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Utah without regard to the conflicts of laws and principles thereof.
Eligible payments – all AFFILIATE monies due for orders generated as a result of AFFILIATE links/Web Site will be held for 30 days after the Shipping Date of an order. Orders are typically shipped 1-7 days after a order is placed. This allows us ample time to compensate for returns, exchanges or canceled orders.
When your account total is $300.00 or above at account anniversary, you will be sent a check for the total amount less $100 (Store Credit) provided all orders associated meet the condiditons set forth. Payment to AFFILIATE will not be rendered for amounts less than $200.00 USD.
Commissions can only be paid by check once an AFFILIATE has submitted a completed W9 tax form to East Sun Herbs.
Revocation of AFFILIATE Status
Your AFFILIATE application and status in the program may be suspended or terminated for any of the following reasons:
- Inappropriate advertisements (False claims, misleading hyperlinks)
- Spamming (mass email, mass newsgroup posting, etc…)
- Advertising on sites containing/promoting illegal activities
- Violation of intellectual property rights.
You may use graphic and text links both on your Web Site and in emails. You may use ONLY the graphics and text provided to you by us.
When a web surfer clicks through your AFFILIATE link, a cookie is set in their browser that contains your AFFILIATE username. Also, their IP address is tracked in the database along with your AFFILIATE name. When this person decides to buy a product, the script will look for this cookie and/or try to match their IP address to identify the AFFILIATE who will be awarded the commission. Visitors sent through your AFFILIATE link may make a purchase later in time and the commission will still be awarded if the cookie is present in their browser and/or the are using the same IP address as the one logged in the database.
Terms of the AFFILIATE agreement
These terms will begin upon your signup with the AFFILIATE program and will end when your AFFILIATE account is terminated. The terms of this agreement may be modified by us at any time. If any modification to the terms is unnacceptable to you, your only choice is to terminate your AFFILIATE account. Your continuing participation in the program will constitute your acceptance of any change.
We will not be liable for indirect or accidental damages (loss of revenue, commissions) due to AFFILIATE tracking failures, loss of database files, and any results of “intents of harm” to the program or our website. We do not make any expressed or implied warranties with respect to the AFFILIATE program and/or products sold at this site. We make no claim that the operation of the AFFILIATE program and our website will be error-free and we will not be liable for any interruptions or errors.
AFFILIATE further agrees and warrants that it will comply with all local, state and federal laws (including, but not limited to, the “CAN-SPAM” Act, effective January 1, 2004) regarding the sending of e-mails.
AFFILIATE shall indemnify and hold East Sun Herbs and NewLeafEssentials.com harmless from any and all legal actions, damages or liabilities incurred from the day-to-day operations of AFFILIATE. Under no circumstances will East Sun Herbs or NewLeafEssentials.com be liable whether in tort, contract or otherwise for indirect, incidental, consequential, special or exemplary damages (including but not limited to damages for any loss of revenue, profits, business interruption, loss of business information or data, loss of goodwill, work stoppage, hardware or software failure, or other pecuniary loss) arising from or relating to any provision of this Agreement or the program. Without limiting the foregoing, East Sun Herbs and NewLeafEssentials.com aggregate liability arising with respect to this Agreement will not exceed the total fees paid or payable to AFFILIATE under this agreement.
East Sun Herbs and NewLeafEssentials.com will own all right, title and interest in and to all information that is created or collected in the operation of the NewLeafEssentials.com Web site and reserves the right to amend or terminate this Agreement at any time, with or without notice to AFFILIATE.
No Professional Advice or Medical Information
The Site does not provide medical advice, diagnosis or treatment, and the information included on the Site is offered for informational purposes only. Some portions of the Site may allow you to submit questions either to us or to third parties who have agreed to communicate with our users. Although we provide information about our products through the Site, neither our employees nor these third parties are authorized to provide medical or other professional advice through the Site. We also have not confirmed the qualifications of any third party who provides information through the Site, even if that third party lists his or her qualifications. As a result, you should never use the information you obtain on the Site for diagnosis or treatment of any health problem or in place of any medication or other treatment prescribed by a physician or other healthcare provider.
Please consult with your physician or other healthcare provider if you have health-related questions before using any of our products or relying on any information you obtain on the Site. You should discuss any medications or nutritional supplements you are using with a healthcare provider before using any new medications or supplements.
The statements on the Site have not been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure or prevent any disease.
East Sun Herbs makes no health claims, express or implied, nor is East Sun Herbs or its products intended for use in diagnosing, treating, curing or preventing any disease, and AFFILIATE enters this Agreement with the understanding that East Sun Herbs products are not offered and will not be sold for such purposes.
AFFILIATE therefore agrees not to make any health claims for East Sun Herbs products.
AFFILIATE shall take no actions that are a violation of Federal or State law, including but not limited to requirements imposed by the U.S. Food and Drug Administration or the U.S. Federal Trade Commission.
Links to third party sites/Third party services
NewLeafEssentials.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of East Sun Herbs and East Sun Herbs is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. East Sun Herbs is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by East Sun Herbs of the site or any association with its operators.
Certain services made available via NewLeafEssentials.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the NewLeafEssentials.com domain, you hereby acknowledge and consent that East Sun Herbs may share such information and data with any third party with whom East Sun Herbs has a contractual relationship to provide the requested product, service or functionality on behalf of NewLeafEssentials.com users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of East Sun Herbs or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. East Sun Herbs content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of East Sun Herbs and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of East Sun Herbs or our licensors except as expressly authorized by these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.
East Sun Herbs has no obligation to monitor the Communication Services. However, East Sun Herbs reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. East Sun Herbs reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
East Sun Herbs reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in East Sun Herbs’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. East Sun Herbs does not control or endorse the content, messages or information found in any Communication Service and, therefore, East Sun Herbs specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized East Sun Herbs spokespersons, and their views do not necessarily reflect those of East Sun Herbs.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials provided to NewLeafEssentials.com or posted on any East Sun Herbs web page
East Sun Herbs does not claim ownership of the materials you provide to NewLeafEssentials.com (including feedback and suggestions) or post, upload, input or submit to any East Sun Herbs Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting East Sun Herbs, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. East Sun Herbs is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in East Sun Herbs’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your East Sun Herbs account to third party accounts. By connecting your East Sun Herbs account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by East Sun Herbs from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the East Sun Herbs Content accessed through NewLeafEssentials.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless East Sun Herbs, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. East Sun Herbs reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with East Sun Herbs in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EAST SUN HERBS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
EAST SUN HERBS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. EAST SUN HERBS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
East Sun Herbs reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Utah and you hereby consent to the exclusive jurisdiction and venue of courts in Utah in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and East Sun Herbs as a result of this agreement or use of the Site. East Sun Herbs’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of East Sun Herbs’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by East Sun Herbs with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and East Sun Herbs with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and East Sun Herbs with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms and Conditions
East Sun Herbs reserves the right, in its sole discretion, to change the Terms and Conditions under which NewLeafEssentials.com is offered. The most current version of the Terms and Conditions will supersede all previous versions. East Sun Herbs encourages you to periodically review the Terms and Conditions to stay informed of our updates.
East Sun Herbs welcomes your questions or comments regarding these Terms and Conditions:
East Sun Herbs
169 west 690 north
Santaquin, Utah 84655
Effective as of November 01, 2016