Find an Herbalist Terms and Conditions


  1. Introduction
    • These terms and conditions shall govern your use of Find an Herbalist.
    • By using Find an Herbalist, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use Find an Herbalist.
    • If you submit the Find an Herbalist form in other language versions, e.g., French, Spanish, Swedish, the terms and conditions expressed in the English version take precedence for purposes of interpretation.
    • If you submit any material to Find an Herbalist or use any of Find an Herbalist services, we will ask you to expressly agree to these terms and conditions.
    • You must be at least 18 years of age to use Find an Herbalist; by using Find an Herbalist or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
  2. Purpose
    • Rosemary’s Garden wants to enable its customers worldwide to more conveniently find and communicate with Herbalists with common interests.
    • Rosemary’s Garden has no financial interest in the professional practice of any Herbalist included in Find an Herbalist and expects those included in Find an Herbalist to observe fair, appropriate and professional business practices in any interactions with persons who inquire about their services.
    • Rosemary’s Garden has created a Find an Herbalist section of its website and encourages visitors to its website to read its Disclaimer and browse profiles of Herbalists and their training, experience and focus.
    • Rosemary’s Garden encourages qualified Herbalists who have an active practice to submit information about themselves for inclusion in the Find an Herbalist section of its website.
  3. Representing Experience, Qualifications & Practice
    • Rosemary’s Garden encourages qualified Herbalists to enter and submit information about themselves in the Find an Herbalist form; they should not select the [Submit] button until they have carefully read and agreed to the Terms and Conditions and checked the related box.
    • Herbalists are expected to honestly describe their training, experience and practice as an Herbalist.
    • Users of Find an Herbalist will be encouraged to report what they believe are misrepresentations or inappropriate conduct between any Herbalist and any person inquiring about their services.
    • Herbalists already profiled on Find an Herbalist can update their profile whenever their contact information changes or no more than once each six months.
  4. Herbalist and Client Discounts
    • After an Herbalist with an active practice has submitted a profile, an Herbalist discount code will be sent to the Herbalist which can be used to make purchases at a 20% discount at RosemarysGarden.com.
    • After the Herbalist makes a first purchase from RosemarysGarden.com, a unique Client discount code will be sent to the Herbalist as soon as possible; clients of the Herbalist can use the Client discount code to make purchases at a 10% discount as long as the Herbalist remains in good standing on Find an Herbalist.
  5. Remaining in Good Standing on Find an Herbalist
    • Herbalists on Find an Herbalist must maintain professional standards in any contact with individuals who contact them through Find an Herbalist.
    • Herbalists on Find an Herbalist must make at least one purchase of at least $1.00 each six months on RosemarysGarden.com to maintain their profile on Find an Herbalist. The purpose of the purchase is to verify the Herbalist is actively maintaining an Herbalist practice.
  6. Copyright notice
    • Subject to the express provisions of these terms and conditions:
    • We, together with our licensors, own and control all the copyright and other intellectual property rights in Find an Herbalist and all material on Find an Herbalist is reserved.
  7. License to use website
    • You may:
    • view pages from Find an Herbalist in a web browser;
    • download pages from Find an Herbalist for caching in a web browser;
    • print pages from Find an Herbalist;
    • stream audio and video files from Find an Herbalist; and
    • subject to the other provisions of these terms and conditions.
    • You may only use Find an Herbalist for your own personal and business purposes, and you must not use Find an Herbalist for any other purposes.
    • Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on Find an Herbalist.
    • You must not:
    • republish material from Find an Herbalist (including republication on another website);
    • sell, rent or sub-license material from Find an Herbalist;
    • redistribute material from Find an Herbalist.
  8. Link to Rosemarysgarden.com
    • If you maintain a website as part of an Herbalist practice, we ask that you include the following HTML code in your website so that it is easily available to your website visitors:
    • <a title="Go to Rosemary’s Garden to Find an Herbalist" href="http://www.rosemarysgarden.com/collections/find-an-herbalist">Click here to go to the Rosemary’s Garden website and Find an Herbalist.</a>
  9. Acceptable use
    • You must not:
    • use Find an Herbalist in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
    • use Find an Herbalist in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
    • use Find an Herbalist 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;
    • conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to Find an Herbalist without our express written consent;
    • access or otherwise interact with Find an Herbalist using any robot, spider or other automated means, except for the purpose of search engine indexing;
    • violate the directives set out in the robots.txt file for Find an Herbalist; or
    • use data collected from Find an Herbalist for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
    • You must not use data collected from Find an Herbalist to contact individuals, companies or other persons or entities.
    • You must:
    • ensure that all the information you supply to us through Find an Herbalist, or in relation to Find an Herbalist, is true, accurate, current, complete and non-misleading.
  10. Registration and profiles
    • To be eligible to submit your profile for inclusion on Find an Herbalist, you must be at least 18 years of age.
    • You may register your profile on Find an Herbalist by completing and submitting the form on Find an Herbalist, and clicking on the verification link if an email is sent to you.
    • You must not allow any other person to use modify your Find an Herbalist
    • You must notify us in writing immediately if you become aware of any unauthorized use of your profile.
  11. Cancellation and suspension of profile
    • We may:
    • suspend your profile;
    • cancel your profile; and/or
    • edit your profile details,
    • at any time in our sole discretion without notice or explanation.
    • You may cancel your profile on Find an Herbalist by sending an email to findanherbalist@rosemarysgarden.com.
  12. Your content: license
    • In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or Find an Herbalist for storage or publication on, processing by, or transmission via, Find an Herbalist.
    • You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media OR reproduce, store and publish your content on and in relation to this website and any successor website OR reproduce, store and, with your specific consent, publish your content on and in relation to this website.
    • You grant to us the right to sub-license these rights.
    • You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
    • You may edit your content to the extent permitted using the editing functionality made available on Find an Herbalist.
    • Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
  13. Your content: rules
    • You warrant and represent that your content will comply with these terms and conditions.
    • Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
    • Your content, and the use of your content by us in accordance with these terms and conditions, must not:
    • be libelous or maliciously false;
    • be obscene or indecent;
    • infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
    • infringe any right of confidence, right of privacy or right under data protection legislation;
    • constitute negligent advice or contain any negligent statement;
    • constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
    • be in contempt of any court, or in breach of any court order;
    • be in breach of racial or religious hatred or discrimination legislation;
    • be blasphemous;
    • be in breach of official secrets legislation;
    • be in breach of any contractual obligation owed to any person;
    • depict violence in an explicit, graphic or gratuitous manner;
    • be pornographic, lewd, suggestive or sexually explicit;
    • be untrue, false, inaccurate or misleading;
    • consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
    • constitute spam;
    • be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
    • cause annoyance, inconvenience or needless anxiety to any person.
  14. Limited warranties
    • We do not warrant or represent:
    • the completeness or accuracy of the information published on Find an Herbalist;
    • that the material on the website is up to date; or
    • that the website or any service on the website will remain available.
    • We reserve the right to discontinue or alter any or all of Find an Herbalist services, and to stop publishing Find an Herbalist, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
    • To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these terms and conditions, Find an Herbalist and the use of Find an Herbalist.
  1. Limitations and exclusions of liability
    • Nothing in these terms and conditions will:
    • limit or exclude any liability for death or personal injury resulting from negligence;
    • limit or exclude any liability for fraud or fraudulent misrepresentation;
    • limit any liabilities in any way that is not permitted under applicable law; or
    • exclude any liabilities that may not be excluded under applicable law.
    • The limitations and exclusions of liability set out in these terms and conditions:
    • govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
    • To the extent that Find an Herbalist and the information and services on Find an Herbalist are provided free of charge, we will not be liable for any loss or damage of any nature.
    • We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
    • We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
    • We will not be liable to you in respect of any loss or corruption of any data, database or software.
    • We will not be liable to you in respect of any special, indirect or consequential loss or damage.
    • You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
  1. Breaches of these terms and conditions
    • Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
    • send you one or more formal warnings;
    • temporarily suspend your access to Find an Herbalist;
    • permanently prohibit you from accessing Find an Herbalist;
    • block computers using your IP address from accessing Find an Herbalist;
    • contact any or all of your internet service providers and request that they block your access to Find an Herbalist;
    • commence legal action against you, whether for breach of contract or otherwise; and/or
    • suspend or delete your profile on Find an Herbalist.
    • Where we suspend or prohibit or block your access to Find an Herbalist or a part of Find an Herbalist, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different profile).
  1. Variation
    • We may revise these terms and conditions from time to time.
    • The revised terms and conditions shall apply to the use of Find an Herbalist from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. OR We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of Find an Herbalist from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using Find an Herbalist.
    • If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your profile on the website, and you must stop using the website.
  2. Assignment
    • You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
    • You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
  3. 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 of these terms and conditions 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.
  4. Third party rights
    • A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
    • The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
  5. Entire agreement
    • These terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of Find an Herbalist and shall supersede all previous agreements between you and us in relation to your use of Find an Herbalist.
  6. Our details
    • Find an Herbalist is contained on the RosemarysGarden.com website which is owned and operated by:
      Rosemary’s Garden
      132 North Main Street
      Sebastopol CA, USA, 95472
      Tel:1‑707‑829‑2539
      Website: RosemarysGarden.com
      Email: findanherbalist@rosemarysgarden.com