General Overview

Welcome to EtherealRx.com.  The following Terms & Conditions shall apply to the relationship between Natural Healing Products, Inc., all subsidiaries of Natural Healing Products, Inc., and www.etherealrx.com ("Ethereal Rx"), and the user and/or viewer ("You").  In conjunction with our Privacy Policy, these Terms & Conditions govern the relationship between you and Ethereal Rx.  By using etherealrx.com and continuing to browse this website, you are agreeing to accept and be bound by these Terms & Conditions, as well as the manner in which Ethereal Rx operates.

These Terms & Conditions constitute the entire agreement between Ethereal Rx and you, and supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and Ethereal Rx with respect of your use of Ethereal Rx.  The term “Ethereal” or “Us” or “We” refers to the owner of this website. 

If you disagree with any part of these Terms & Conditions, please do not use our website. 

Terms of Use

The use of this website is subject to the following terms of use:

• The content of the pages of this website is for your general information and use only. It is subject to change without notice. 
• This website uses cookies to monitor browsing preferences.
• Neither Ethereal Rx or any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and Ethereal Rx expressly denies any liability for such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this website is entirely at your own risk, for which Ethereal Rx shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meets your specific requirements. 
• This website contains material which is owned by or licensed to Ethereal Rx. This material includes, but is not limited to, the design, layout, look, appearance and graphics.  Reproduction of any kind is expressly prohibited other than in accordance with a copyright notice, which forms part of these Terms & Conditions. 
• All trademarks reproduced on this website which are not the property of, or licensed to, Ethereal Rx are acknowledged on the website.
• Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
• From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. These links are provided strictly for your convenience and do not constitute an endorsement or approval of these websites. We assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We cannot take any responsibility for the content, protection, or privacy guidelines of third-party websites.  We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Ethereal Rx does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Registering

You may register only once with Ethereal Rx, and you must provide a postal address where you reside (P.O. boxes or similar arrangements are not permitted). You agree not to have more than one account. You must not provide misleading information when registering.

If Ethereal Rx receives information that your username is illegal or in breach of these Terms & Conditions as evaluated in Ethereal Rx’s sole discretion, your user account may be frozen until you change the username. Ethereal Rx also may permanently close your account without prior notice to you for violating these Terms & Conditions.

You are responsible for keeping your user account password confidential. Ethereal Rx will never ask you for your password except during login. You should never provide your password to anyone, including Ethereal Rx employees.  User accounts are non-transferable. Only you may use your user account. You agree to be liable for all offensive or unlawful activities that are undertaken using your user account. 

Reviews and Comments

You may post reviews and/or comments, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political messages, commercial solicitation, chain letters, mass mailings, or any other form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content you post. Ethereal Rx reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. Ethereal Rx also reserves the right to prohibit you from posting additional comments.

If you do post content, and unless we indicate otherwise, you grant Ethereal Rx a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Ethereal Rx and its affiliates the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Ethereal Rx for all claims resulting from content you supply. Ethereal Rx has the right but not the obligation to monitor and edit or remove any activity or content. Ethereal Rx takes no responsibility and assumes no liability for any content posted by a user.

Account Termination     

Ethereal Rx reserves the right to temporarily suspend or permanently terminate your account at Ethereal Rx’s sole discretion if it determines or suspects you have violated these Terms & Conditions, any laws, or the rights of our other users or third parties.  You agree that if Ethereal Rx, in good faith and in its sole discretion, determines that you have breached these Terms & Conditions, Ethereal Rx may withhold, cancel, or otherwise retain any and all of your pending deliveries and/or refunds.

Trademarks

Ethereal Rx’s logos are trademarks of Natural Healing Products, Inc. All rights reserved. Any trademarks appearing on Ethereal Rx are the property of their respective owners. 

Delivery

Deliveries are made exclusively to the 50 states of the United States, Washington D.C. and Puerto Rico Some restrictions or higher shipping costs may apply to deliveries to Alaska, Hawaii and Puerto Rico.  Delivery times vary; therefore, any time provided is only a guide and in no respect a guarantee. Ethereal Rx shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. Obvious damage to the item from transport or packaging damaged during transport must be reported to Ethereal Rx upon receipt.

Indemnity

You agree to indemnify, defend, and hold Ethereal Rx and its members, managers, shareholders, directors, officers, employees, agents, affiliates, licensors, and other partners (collectively, the "Indemnified Persons") harmless from any loss, cost, expense, liability, claim, or demand, including reasonable attorneys' fees, suffered by any Indemnified Persons due to, arising out of, or in connection with (1) your use of etherealrx.com or any of the products offered by Ethereal Rx to the fullest extent permitted by law, (2) any violation of these Terms & Conditions by you or any person acting in collusion with you, (3) any violation of applicable law, and (4) any negligence or willful misconduct by you.

Dispute Resolution

By agreeing to these Terms & Conditions, you and Ethereal Rx each waive the right to a jury trial or to participate in a class action suit.  You agree that any and all claims, disputes, and causes of action arising out of or relating to your use of the Ethereal Rx’s website or arising under these Terms & Conditions shall be resolved as set forth in this section. Before initiating any formal dispute resolution proceedings, you agree to negotiate with Ethereal Rx regarding any disputes in good faith on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding.

You may initiate these negotiations by sending a notice of the dispute to Ethereal Rx. in a manner specified in the "Notices" section below. If Ethereal Rx and you do not reach an agreement regarding a Dispute within 30 days following Ethereal Rx receipt of the Notice of Dispute, Ethereal Rx and you agree to submit such Dispute to binding arbitration, on an individual basis, under the rules of the American Arbitration Association. The proceedings shall be governed by the Federal Arbitration Act, and the award may be enforced in any court of competent jurisdiction. All administrative costs of any arbitration shall be split evenly between the parties. Each party shall be responsible for paying its own attorney fees, expert fees, and litigation expenses and not those of the adversary.  To the maximum extent permitted by law, the parties agree that the arbitration award shall not include consequential or punitive damages but shall only award the aggrieved party the actual damages sustained.

Applicable Law/ Severability Clause

These Terms & Conditions and your use of Ethereal Rx shall be governed by the laws of the United States of America and the State of California.  Without in any way limiting the “Dispute Resolution” requirements set forth above, any court proceeding related to this website or these Terms & Conditions may be brought only in a federal or state court sitting in California.  You agree to accept the jurisdiction of such courts.

You agree that Ethereal Rx cannot be held liable if laws applicable to you restrict or prohibit your participation.  The UN Convention on the International Sale of Goods shall not apply.

If any provision of these Terms & Conditions is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of these Terms & Conditions shall remain in force and effect and such invalid, unenforceable or void provisions will be deemed to be modified so as to effect the original intent of these Terms & Conditions as closely as possible. 

Waiver

Any waiver of any provision by Ethereal Rx of the Terms & Conditions or Privacy Policy will be effective only if in writing and signed by Ethereal Rx.

Notices

Except as provided otherwise in these Terms & Conditions, all notices, requests, instructions, and other communications given to Ethereal Rx by you must be given in writing by hand delivery in return for a receipt, sent certified or registered U.S. mail, or sent by FedEx, UPS, or other similar overnight courier services, addressed to 5694 Mission Center Rd #602-428 San Diego, CA 92108. 

If you have any questions, concerns, or comments about our Terms & Conditions, please contact us at customersupport@etherealrx.com.