1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS
CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY
THESE TERMS AND CONDITIONS (REFERRED TO AS, “TERMS” AS CONTEXT MAY REQUIRE) REQUIRE THE USE OF
ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM WWW.hbnobulk.com (THE “SITE”), YOU AFFIRM
THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND
CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS SITE IF YOU (A) DO NOT AGREE TO THESE TERMS,
(B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH
IL HEALTH & BEAUTY NATURAL OILS CO., INC. ("HBNO"), OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS
SITE OR ANY OF THIS SITE'S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.
These Terms apply to the purchase and sale of products and services through the Site. As used herein,
“Products” shall refer to products offered on the Site, whether such Products are purchased by
themselves or in conjunction with services. These Terms are subject to change by HBNO without prior
written notice at any time, in HBNO’s sole discretion. Any changes to the Terms will be in effect as of
the "Last Updated Date" referenced on the Site. You should review these Terms prior to purchasing any
Product or services that are available through this Site. Your continued use of this Site after the
"Last Updated Date" will constitute your acceptance of and agreement to such changes.
These Terms apply generally to the use of HBNO’s Site. You should also carefully review HBNO’s Privacy
Policy before placing an order for Products or services through this Site.
2. Order Acceptance and Cancellation
Your electronic order confirmation, or any form of confirmation, does not signify HBNO’s acceptance of
your order. You agree that your order is an offer to buy, under these Terms, all Products and services
listed in your order. All orders must be accepted by HBNO, or HBNO will not be obligated to sell the
Products or services to you. HBNO may choose not to accept orders at HBNO’s sole discretion, even after
HBNO sends you a confirmation email with your order number and details of the items you have ordered.
HBNO reserves the right to require additional information before processing any order. If an order
appears fraudulent in any way, HBNO reserves the right to cancel the order, notify the card holder and
the proper authorities. HBNO may discontinue selling any Product at any time without notice or approval
from you.
3. Samples
You may request pre-ship samples (“Samples”) separately in addition to the quantities set forth in your
order. You acknowledge that the Products provided by HBNO are sold “as is” and that you have not been
induced by any statements or representations of any person with respect to the quality or condition of
the Products and that no such statements or representations have been made. You are given the
opportunity to inspect the Samples and notify HBNO if you will accept the Products in accordance with
the Samples.
4. Packaging, Enclosures, Marking
You shall be responsible for the cost and expense of obtaining and using specific packaging or coding
requested for any Products, as well as bear any liability with respect to the packaging.
5. Prices and Payment Terms
(a) All prices, discounts, and promotions posted on this Site are subject to change without notice. The
price charged for a Product or service will be the price in effect at the time the order is placed and
will be set out in your order confirmation email. Price increases will only apply to orders placed after
such changes. Posted prices do not include federal, state or local taxes, duties applicable to the
provision of the Products or charges for shipping and handling. All such taxes and charges will be added
to your merchandise total and will be itemized in your shopping cart and in your order confirmation
email. HBNO strives to display accurate price information, however HBNO may, on occasion, make
inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. HBNO
reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any
orders arising from such occurrences.
(b) HBNO may offer from time-to-time promotions on the Site that may affect pricing and that are
governed by terms and conditions separate from these Terms. If there is a conflict between the terms for
a promotion and these Terms, the promotion terms will govern.
(c) Terms of payment are within HBNO’s sole discretion and payment must be received by HBNO before
HBNO’s acceptance of an order. HBNO accepts Visa, MasterCard, American Express, Discover, PayPal, and
wire transfer for all purchases. The billing address and shipping address must match for any purchases
via credit card. You represent and warrant that (i) the credit card information you supply to HBNO is
true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii)
charges incurred by you will be honored by your credit card company, and (iv) you will pay charges
incurred by you at the posted prices, including shipping and handling charges and all applicable taxes,
if any, regardless of the amount quoted on the Site at the time of your order. You agree to pay HBNO all
costs associated with receipt of wires.
6. Shipment, Delivery and Title
Unless otherwise stated on a specific product’s ordering page through this Site, HBNO offers free
shipping on orders valued $100 or more within the lower 48 United States (i.e., excluding Alaska,
Hawaii, United States territories and possessions and international shipments). For orders with free
shipping, HBNO shall replace Products of such orders that are damaged while in transit. This policy is
not applicable to orders lower than $100 which do not qualify for free shipping.
Notwithstanding the foregoing, except as otherwise specifically provided in any Order Form, confirmation
or invoice (interchangeably referred to as “Invoice”), or these Terms, shipment of all Products shall be
pursuant to Incoterms 2010. Title and risk of loss will transfer to you upon shipping. Shipping dates
are based on conditions at the time of quotation and are subject to changes at the time the order is
placed. All reasonable efforts will be made to fill orders within the time promised. In no event will
HBNO be made to fill orders within the time promised. In no event will HBNO be liable for any
consequential damages for delay in performance or failure to perform. In the absence of your
instructions, HBNO will use its own discretion in choice of carrier. HBNO assumes no responsibility for
loss or damage during shipment. All shipping risks are assumed and accepted by you. Because many
instances may occur at your delivery address that are beyond HBNO’s control, you agree that any delivery
confirmation provided by the carrier is deemed sufficient proof of delivery to the cardholder, even
without a signature.
7. Insurance
Except for orders that qualify for free shipping, you shall maintain any and all insurance on the
Products allocated by HBNO for shipment under this Agreement for not less than the value of the
confirmed order, including all charges therein and any freight not included in the order confirmation
covering against “All Risks”, providing coverage for all time in shipment from the time the Products are
shipped until they are received by you.
8. Returns and Refunds
HBNO will accept a return of unopened Products for a refund of your purchase price, less the original
shipping and handling costs provided such return is made within 30 days of delivery with valid proof of
purchase and provided such Products are returned in their original condition. To return Products, you
must call (530) 399-3782 to obtain a Return Merchandise Authorization ("RMA") number before shipping
your Product. No returns of any type will be accepted without an RMA number.
You are responsible for all shipping and handling charges on returned items. You bear the risk of loss
during shipment. HBNO therefore strongly recommends that you fully insure your return shipment against
loss or damage and that you use a carrier that can provide you with proof of delivery for your
protection.
Refunds are processed within approximately 10 business days of HBNO’s receipt of your merchandise. Your
refund will be credited back to the same payment method used to make the original purchase on the Site.
HBNO OFFERS NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
9. Inspection; Nonconforming Goods
Once a Product is opened, a return may only be made if such Product is deemed a Nonconforming Good. You
shall inspect Products received under this Agreement within ten (10) days of receipt of such Products
(”Inspection Period”) and may reject any Nonconforming Goods discovered during the Inspection Period.
You will be deemed to have accepted Products unless you provide HBNO with written Notice of any
Nonconforming Goods within five (5) days following the Inspection Period, stating with specificity all
defects and nonconformities, and furnishing such other written evidence or other documentation as may be
reasonably required by HBNO (including the subject Products, or a representative Sample thereof, which
you may contend are Nonconforming Goods). All defects and nonconformities that are not so specified will
be deemed waived by you, such Products shall be deemed to have been accepted by you, and no attempted
revocation of acceptance will be effective.
If you timely notify HBNO of any Nonconforming Goods, HBNO shall determine, in its reasonable
discretion, whether the Products are Nonconforming Goods. If HBNO determines that such Products are
Nonconforming Goods, HBNO shall, in its sole discretion, either:
(a) replace such Nonconforming Goods with conforming Products; or
(b) refund to you the amount paid by you to HBNO for such Nonconforming Goods returned by you to HBNO.
You shall ship, at your expense and risk of loss, all Nonconforming Goods to HBNO’s facility located in
Chico, California or to such other location as HBNO may instruct you in writing. If HBNO exercises its
option to replace Nonconforming Goods, HBNO shall ship to your delivery location, at HBNO’s expense and
risk of loss, the replacement Products.
THE REMEDIES SET FORTH IN THIS SECTION ARE YOUR EXCLUSIVE REMEDY FOR THE DELIVERY OF NONCONFORMING
GOODS.
10. Chargeback Policy
All references to a "chargeback" refer to a reversal of a credit/debit card charge placed on
//www.hbnobulk.com. There is no reason for a chargeback to ever be filed. If a credit is
due, simply contact HBNO and HBNO will gladly issue it. Unnecessary chargebacks are theft and can be
prosecuted. If you feel that your credit/debit card was used fraudulently on
//www.hbnobulk.com, please contact HBNO for immediate resolution.
YOU AGREE THAT YOU WILL NOT CHARGEBACK ANY AMOUNTS CHARGED TO YOUR CREDIT/DEBIT CARD ON THIS SITE.
11. Warranty and Disclaimer
(a) HBNO does not manufacture or control all of the Products or services offered on HBNO’s Site. The
availability of Products or services through HBNO’s Site does not indicate an affiliation with or
endorsement of any Product, service or manufacturer.
ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A
PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD
PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR
OTHERWISE.
THE FOLLOWING WARRANTIES AND DISCLAIMERS OF WARRANTIES SHALL SUPPLANT ANY AND ALL STATEMENTS SET FORTH
IN ANY INVOICE OR OTHER AGREEMENTS BETWEEN HBNO AND YOU OR ANY PUBLISHED INFORMATION THAT PROVIDES
OTHERWISE:
(1) Disclaimer of Warranty of Title: Other than as set forth in the invoice, HBNO
is selling only such right or title to the Products being sold as HBNO may have on the date this
agreement is executed and disclaims any warranty of title to such Products.
(2) Disclaimer of Warranty Against Infringement: HBNO makes no representations that
the Products being sold are free of the rightful claim of any third person or party by way of
infringement or the like and disclaims any warranty against infringement with respect to the
Products.
(3) Disclaimer of Express Warranty: HBNO has made no affirmation of fact or promise
relating to the Products being sold that has become any basis of the bargain. Further, HBNO has made
no statement, representation, affirmation of fact, or promise relating to the Products being sold
that has created or amounted to an express warranty that the Products would conform to any
affirmation or promise. Any description of the Products contained on this site is for the sole
purpose of identifying the Products. No description of the Products being sold has been made part of
the basis of the bargain or has created or amounted to an express warranty that the Products would
conform to any description made by HBNO.
(4) Disclaimer of Implied Warranty of Merchantability: HBNO makes no warranty of
merchantability with respect to the Products being sold under this agreement. The intent of the
parties is to disclaim any warranty of merchantability with respect to the Products, and you agree
to accept the Products without any warranty of merchantability.
(5) Disclaimer of Implied Warranty of Fitness: HBNO makes no warranty of fitness
for any particular purposes whatsoever with respect to the Products being sold.
(6) Disclaimer of All Implied Warranties: (I) There are no warranties, express or
implied, which extend beyond the description on the face of this agreement. HBNO disclaims any
implied warranty of merchantability with regard to any Products, and you agree that the Products are
sold "as is." (II) The parties agree that, upon request, you will have the full right to examine, or
refuse to so examine, an appropriate sample of the Products being sold via this site. HBNO disclaims
any implied warranty as to the Products with regard to any defect which an examination by you would
have revealed.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE
DISCLAIMER MAY NOT APPLY TO YOU.
(b) Website Use: HBNO makes no representation, warranty, or guarantee as to the
reliability, timeliness, quality, suitability, truth, availability, accuracy, or completeness of any
information on this site. HBNO does not represent or warrant that (A) the use of the site will be
secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software,
system, or data, (B) the site or HBNO's Products will meet your requirements or expectations, (C) any
stored data will be accurate or reliable, (D) the quality of any Products, services, information, or
other material purchased or obtained by you through the site will meet your requirements or
expectations, (E) errors or defects will be corrected, or (F) the site or the server(s) that make the
site available are free of viruses or other harmful components. The site and all its content is provided
to you strictly on an "as is" basis. All conditions, representations, and warranties, whether express,
implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability,
fitness for a particular purpose, or non-infringement of third-party rights, are hereby disclaimed to
the maximum extent permitted by applicable law by HBNO.
(c) HBNO performs due diligence checks with their product but does not guarantee the purity of their
Products. Although HBNO attempts to ensure the integrity and accuracy of the site, it makes no
guarantees whatsoever as to the correctness or accuracy of the site. It is possible that the site could
include inaccuracies or errors, and that unauthorized additions, deletions, and alterations could be
made to the site by third parties. In the event that an inaccuracy arises, please inform HBNO so that it
can be corrected. Information contained on the site may be changed or updated without notice.
12. Links or Pointers to Other Sites
HBNO makes no representations whatsoever about any other website that you may access through this site.
When you access a non-HBNO website, please understand that it is independent from HBNO, and that HBNO
has no control over the content on that website. In addition, a hyperlink to a non-HBNO website does not
mean that HBNO endorses or accepts any responsibility for the content, or the use, of the linked site.
It is up to you to take precautions to ensure that whatever you select for your use or download is free
of such items as viruses, worms, trojan horses, and other items of a destructive nature.
13. Links to HBNO’s Site
If you desire to provide a hyperlink from your website to HBNO’s site, please contact us at
info@hbno.com.
14. Compliance with Laws
You agree to use your best efforts to comply with all federal, state, local, and foreign laws, orders,
rules, regulations, and ordinances that may be applicable.
15. Limitation of Liability; Indemnification
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY,
INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE,
PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE,
INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT OBTAINED FROM OR
THROUGH THE SITE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN ANY
INFORMATION CONTAINED HEREIN, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT HAVE BEEN PREVIOUSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HBNO shall not be liable for any consequential, special,
direct, incidental, indirect, exemplary, punitive, enhanced or other damages incurred by you or any
individual or entity that claims any such damages from delivery or use of any Product despite the fact
that you may claim that the damage is foreseeable or that HBNO’s actions were negligent, grossly
negligent or reckless.
You shall indemnify and hold HBNO harmless with respect to any and all actions, claims, demands,
judgments, recall campaigns and other customer satisfaction or corrective service actions, losses,
costs, liabilities, damages, including, but not limited to, property damage, personal or bodily injury,
or death, expenses and/or fees including attorney's fees, penalties and/or citations of whatsoever kind,
character, or descriptions (“Claims”) that are incurred by or asserted against HBNO that are related in
any way to, or arise in any way from, the Products which you had an opportunity to inspect and failed to
reject, your breach of these Terms, or your negligence or willful misconduct.
All Claims resulting from differences in quality, weights, shortages, damages or otherwise shall be made
in writing within 10 days of delivery. Failure to make such a claim within that time period shall
constitute an irrevocable acceptance of the shipment and an admission and/or acknowledgement that the
Products shipped fully comply with these Terms. HBNO shall not be liable for losses or damages resulting
from the storage, handling, consumption or processing of Products when under your control, or if you
determine not to inspect such Products, which an examination by you would have revealed the need to make
such a claim. Notwithstanding, HBNO’s liability shall be limited to repair, replacement, or the amount
paid for any product plus $100.00 in liquidated damages per purchase through this Site.
16. Confidentiality
You acknowledge and agree that you may have access to certain Confidential Information. You acknowledge
and agree that you will not, without the prior written consent of an authorized representative of HBNO,
directly or indirectly disclose any Confidential Information to any third party or directly or
indirectly use, exploit, copy or summarize any Confidential Information in any way except as necessary
in connection with its transactions with HBNO. If requested, you shall require its employees to execute
confidentiality agreements prohibiting use or disclosure of Confidential Information.
“Confidential Information” means all information (regardless of medium) that is disclosed or otherwise
made available to you by HBNO or its representatives or subcontractors at any time and that concerns
HBNO in any manner, including its business, programs, Products, pricing, and other terms and conditions,
software programs, computer codes, software documentation, methodology documentation, design concepts,
blueprints, recipes and engineering data, manufacturing, packaging and shipping processes and
technology, reference manuals, any knowledge, data or records concerning the operations, policies,
procedures, personnel matters, finances, business and marketing plans, strategic and/or operational
plans, company contracts, or any other information relating to the ownership and operation of HBNO and
any of its affiliates; and any and all information, knowledge, data, or records concerning any officer,
director, owner, shareholder, employee, agent, representative, consultant, client, or customer of HBNO.
17. Privacy
HBNO’s Privacy Policy, Privacy Policy,
governs the processing of all personal data collected from you in connection with your purchase of
Products or services through the Site.
18. Ownership, Proprietary Rights
You acknowledge that a Product and/or deliverables provided to you under these Terms may be original to
HBNO or may incorporate intellectual property rights that are owned by Third Parties. HBNO agrees that
all works of original authorship created by HBNO in connection with this Agreement are “works made for
hire” as that term is issued in connection with the United States Copyright Act. To the extent that, by
operation of law, HBNO owns any intellectual property rights in any of the Products and/or other
deliverables, you acknowledge and agree that all rights, title, and interest, including copyrights and
patent rights, in those particular Products and deliverables belong solely to HBNO, unless otherwise
agreed by HBNO in writing.
19. Financial Condition
If you fail to make timely payment of any Invoice submitted to you, thereafter, HBNO shall be permitted
to withhold placement of any other orders in its sole discretion without submission by you of a Letter
of Credit to cover the cost of any future orders.
20. Force Majeure
HBNO will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms,
for any failure or delay in HBNO’s performance under these Terms when and to the extent such failure or
delay is caused by or results from acts or circumstances beyond HBNO’s reasonable control, including,
without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion
or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest,
national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes
(whether or not relating to HBNO’s workforce), or restraints or delays affecting carriers or inability
or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication
breakdown or power outage.
21. No Setoff
You shall not, and acknowledge that you will have no right, under these Terms, any other agreement,
document, or law, to withhold, offset, recoup, or debit any amounts owed (or to become due and owing) to
HBNO or any of its affiliates, whether under these Terms or otherwise, against any other amount owed (or
to become due and owing) to you by HBNO or its affiliates, whether relating to HBNO’s or its affiliates’
breach or non-performance of these Terms or any other agreement between you and HBNO or any of its
affiliates, or otherwise.
22. Choice of Law and Venue
These Terms are entered into in the State of California and shall be governed by and construed in
accordance with the laws of the State of California exclusive of its choice of law rules. Each party to
these Terms submits to the exclusive jurisdiction of the state and federal courts sitting in the County
of Butte in the State of California, and waives any jurisdictional, venue, or inconvenient forum
objections to such courts. In any action to enforce these Terms, the prevailing party will be entitled
to costs and attorney's fees. In the event that any of the Terms are held by a court or other tribunal
of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the
minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
23. Dispute Resolution and Binding Arbitration
(a) YOU AND HBNO ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO
PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU
WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM,
DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE,
AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE
CLAIMS) BETWEEN YOU AND HBNO ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR
SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American Arbitration Association ("AAA") in accordance
with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section
23. (The AAA Rules are available at www.adr.org/arb_med or by
calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and
enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute
relating to arbitrability and/or enforceability of this arbitration provision, including any
unconscionability challenge or any other challenge that the arbitration provision or the Agreement is
void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be
available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on
each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
(c) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR HBNO WILL BE
ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR
OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY
GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not
otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no
power to consider the enforceability of this class arbitration waiver and any challenge to the class
arbitration waiver may only be raised in a court of competent jurisdiction.
24. Assignment
You will not assign any of your rights or delegate any of your obligations under these Terms without our
prior written consent. Any purported assignment or delegation in violation of this section is null and
void. No assignment or delegation relieves you of any of your obligations under these Terms.
25. No Waivers
The failure by HBNO to enforce any right or provision of these Terms will not constitute a waiver of
future enforcement of that right or provision. The waiver of any right or provision will be effective
only if in writing and signed by a duly authorized representative of HBNO.
26. No Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
27. Notices
(a) To You. HBNO may provide any notice to you under these Terms by: (i) sending a message to the email
address you provide or (ii) by posting to the Site. Notices sent by email will be effective when HBNO
sends the email and notices HBNO provides by posting will be effective upon posting. It is your
responsibility to keep your email address current.
(b) To HBNO. To give HBNO notice under these Terms, you must contact HBNO by personal delivery, overnight
courier, or registered or certified mail to 2644 Hegan Lane, Chico, California 95928 USA. HBNO may
update the address for notices to HBNO by posting a notice on the Site. Notices provided by personal
delivery will be effective immediately. Notices provided by overnight courier will be effective one
business day after they are sent. Notices provided by registered or certified mail will be effective
three business days after they are sent.
28. Severability
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be
deemed severed from these Terms. The remainder shall not be affected thereby and shall be valid and
enforced to the fullest extent permitted by law.
29. Entire Agreement
These Terms and HBNO’s Privacy Policy will be deemed the entire, final and integrated understanding
between you and HBNO with respect to the subject matter herein and supersedes and replaces the terms of
all prior agreements or understandings. No joint venture, partnership, employment, or agency
relationship exists between you and HBNO as a result of this Agreement or use of this Site.
30. Modification to Terms
HBNO reserves the right to modify these Terms and Conditions or its policies relating to its Products
and services at any time, effective upon posting of an updated version of this Agreement on the Site.
You are responsible for regularly reviewing this Agreement. Continued use of the Site after any such
changes shall constitute your consent to such changes.
31. Definitions
As used in this Agreement and in any Order Forms now or hereafter associated herewith: "Agreement" means
these Terms, any Order Forms, whether written or submitted online via this Site, and any materials
available on this Site specifically incorporated by reference herein, as such materials, including the
terms of this Agreement, may be updated by HBNO from time to time in its sole discretion; "Effective
Date" means the earlier of either the date this Agreement is accepted by selecting the "I Accept" option
presented on the screen after this Agreement is displayed, the Effective date on the subscription form
or the date you begin purchasing Products from this Site; "Order Form(s)" means the form evidencing your
purchase from this Site and any subsequent order forms submitted online or in written form, each such
Order Form to be incorporated into and to become a part of this Agreement (in the event of any conflict
between the terms of this Agreement and the terms of any such Order Form, the terms of this Agreement
shall prevail); "HBNO" means collectively, Il Health & Beauty Natural Oils Co., Inc., a corporation
organized and existing under the laws of the State of California doing business as
www.hbnobulk.com and having an office at 2644 Hegan Lane, Chico, CA 95928, USA, together
with its officers, directors, shareholders, employees, agents and affiliated companies.
32. Questions or Additional Information
If you have questions regarding this Agreement or wish to obtain additional information, please send an
e-mail to info@hbno.com.
33. No Unlawful or Prohibited Purpose
As a condition of your use of this Site, you warrant to HBNO that you will not use the Site for any
purpose that is unlawful or prohibited by these Terms and Conditions.
