User Agreement
Effective Date: September 15th, 2025
Last Updated: 9/30/2025
ACCEPTANCE OF TERMS
By creating an account, accessing, or using the MyHerbalist platform ("Platform") operated by MyHerbalist Inc., you ("User") agree to be bound by these Terms of Service, our Privacy & Cookies Policy, and our Platform Disclaimer (collectively, the "Agreements"). If you do not agree to these Agreements, you may not use the Platform.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM. BY ACCESSING OR USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS, OUR USER AGREEMENT, AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE PLATFORM.
1. PLATFORM PURPOSE AND MEDICAL DISCLAIMERS
1.1 Educational Services Only
The Platform provides space for users to engage with herbalists and wellness educators ("Providers") for educational and informational purposes only. The Platform does not provide medical advice, diagnosis, treatment, or emergency services.
1.2 Medical Emergency Notice
FOR MEDICAL EMERGENCIES, CALL 911 IMMEDIATELY. DO NOT USE THIS PLATFORM FOR EMERGENCY SITUATIONS.
1.3 FDA Disclaimer
Statements made by Providers have not been evaluated by the Food and Drug Administration. Products, services, or information discussed are not intended to diagnose, treat, cure, or prevent any disease.
1.4 Healthcare Consultation Advisory
Users must consult licensed healthcare professionals before making changes to medical treatment, starting wellness regimens, discontinuing prescribed medications, or taking any health-related action. Information from Providers does not replace professional medical care.
2. ELIGIBILITY AND REGISTRATION
2.1 Age Requirement
Users must be at least 18 years old to create an account and use the Platform.
2.2 Account Information
Users shall:
• Provide accurate and complete information during registration
• Maintain current account information
• Maintain confidentiality of account credentials
• Accept responsibility for all activities under their account
2.3 Account Security
Users shall immediately notify MyHerbalist of any unauthorized account use or security breach.
3. SERVICE STRUCTURE AND PAYMENTS
3.1 Session Types
Initial Educational Consultation: 60 minutes
Follow-up Educational Session: 30 minutes
3.2 Pricing
MyHerbalist sets all service prices at its sole discretion. Prices are subject to change with notice.
3.3 Payment Processing
We use third-party services like Stripe for payment processing. Your payment information is subject to their privacy policies and terms in addition to ours.
4. CANCELLATION AND REFUND POLICY
4.1 Cancellation Policy
24+ hours before consultation: Full refund to user
Less than 24 hours before consultation: No refund
No-show: No refund
4.2 Emergency Exemptions
Medical or family emergencies may qualify for cancellation fee exemption. Determination requires documentation and is at MyHerbalist's sole discretion.
4.3 Rescheduling
24+ hours before consultation: Free rescheduling
Less than 24 hours before consultation: Full consultation fee required to reschedule; original payment non-refundable
4.4 Refund Processing
Disputed consultation refunds must be requested within 30 days of service date
Approved refunds process within 7 business days after dispute resolution
5. USER CONDUCT AND RESPONSIBILITIES
5.1 Acceptable Use
Users shall:
· Use the Platform lawfully and solely for its intended educational purposes
· Treat all Providers and other users with respect and professionalism
· Arrive punctually for scheduled consultations
· Provide timely payment for services
5.2 Prohibited Conduct
Users shall not:
· Engage in harassment, threats, or abusive behavior
· Share or request personal contact information outside the Platform
· Impersonate others or create fraudulent accounts
· Provide or solicit medical advice or treatment
· Use the Platform for commercial solicitation
· Violate any applicable laws or regulations
6. Provider Relationship
6.1 Independent Contractor Status
Providers are independent contractors, not employees or agents of MyHerbalist. MyHerbalist does not endorse, guarantee, or verify Provider qualifications or services.
6.2 Professional Licensing Notice
IMPORTANT: MYHERBALIST DOES NOT EMPLOY OR SUPERVISE PROVIDERS. ALL PROVIDERS ARE INDEPENDENT CONTRACTORS RESPONSIBLE FOR MAINTAINING THEIR OWN CREDENTIALS/QUALIFICATIONS, LICENSES, CERTIFICATIONS, PROFESSIONAL LIABILITY INSURANCE, AND PROFESSIONAL STANDARDS AT THEIR OWN EXPENSE.
MyHerbalist does not conduct background checks on Providers. Users are responsible for evaluating Provider suitability for their needs. MyHerbalist does not provide legal advice on state regulations or provider compliance requirements.
6.3 User Responsibility
Users are responsible for evaluating Provider qualifications and suitability for their educational needs. Users should independently verify current Provider credentials.
6.4 Release of Provider Liability
Users acknowledge that Providers are independent educators providing information for educational purposes only. Users release Providers from any liability related to educational information shared during consultations.
INTELLECTUAL PROPERTY
7.1 Platform Content
All Platform content, including but not limited to text, graphics, logos, and software, is the property of MyHerbalist Inc. or its licensors and is protected by intellectual property laws.
7.2 User Content
Users retain ownership of content they submit but grant MyHerbalist a worldwide, nonexclusive, royalty-free license to use, reproduce, and display such content in connection with the Platform.
7.3 Provider Content
Providers retain ownership of their educational materials but grant MyHerbalist limited license to display such content for Platform operations.
FTC AND REGULATORY COMPLIANCE
8.1 Advertising and Endorsements
• Users who promote MyHerbalist or receive compensation must disclose material connections per FTC guidelines
• Reviews and testimonials must reflect honest experiences
• All content must comply with FTC/FDA regulations
8.2 State-Specific Requirements
Several states including California, Colorado, Nevada, Maine, New Mexico, Louisiana, Minnesota, Rhode Island, Arizona, and Idaho have enacted "safe harbor" or disclosure laws. MyHerbalist requires all Providers to present a Universal Disclosure and Acknowledgment Form before any exchange.
Provider State Compliance:
Providers are solely responsible for:
Determining applicable state requirements for their practice
Providing mandatory disclosure statements as required by law
Complying with scope of practice limitations
Maintaining any required state registrations
MyHerbalist provides disclosure templates but does not provide legal advice on state regulations and does not guarantee Provider compliance with state requirements.
5. USER CONDUCT AND RESPONSIBILITIES
5.1 Acceptable Use
Users shall:
• Use the Platform lawfully and solely for its intended educational purposes
• Treat all Providers and other users with respect and professionalism
• Arrive punctually for scheduled consultations
• Provide timely payment for services
5.2 Prohibited Conduct
Users shall not:
• Engage in harassment, threats, or abusive behavior
• Share or request personal contact information outside the Platform • Impersonate others or create fraudulent accounts
• Provide or solicit medical advice or treatment
• Use the Platform for commercial solicitation
• Violate any applicable laws or regulations
5.3 Health Product Marketing Compliance
When discussing products (supplements, herbs, etc.), Providers must include the FDA disclaimer: "This statement has not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease." Providers must avoid unsubstantiated claims, not imply FDA approval, distinguish supplements from FDA-approved drugs, and comply with Federal Food, Drug, and Cosmetic Act requirements.
5.4 Prohibited Marketing Practices
Providers and users may not make false health claims, use before/after photos without disclaimers, imply unauthorized medical endorsements, make unsubstantiated income claims, or use testimonials without disclosing atypical results.
6. DISCLAIMERS AND LIMITATION OF LIABILITY
6.1 Platform Disclaimers
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
6.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYHERBALIST SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, DATA, OR OTHER INTANGIBLE LOSSES.
7. Payment Terms and Refund Policy
7.1 Payment Processing
MyHerbalist handles all payment processing and billing administration through third-party payment processors. All user prices are set by MyHerbalist at its sole discretion.
7.2 Payment Processing Clarification
IMPORTANT NOTICE: Although MyHerbalist processes payments and may issue invoices for administrative convenience, users are engaging educational services directly with independent Providers. MyHerbalist facilitates the platform, scheduling, and payment processing only.
7.3 Fees and Charges
All fees are disclosed before booking and are non-refundable except per cancellation policy. Failed payments prevent future bookings. Users responsible for bank/processor fees.
7.4 Refund Policy
Refunds follow cancellation policy and process within 7 business days. For disputed charges or service issues not covered by cancellation policy, refund requests must be submitted within 30 days of service date. Technical issues may result in automatic credit/refund. Disputed charges subject to payment provider chargeback procedures.
7.5 Cancellation Policy
Appointment Cancellations:
24+ hours before consultation: Full refund
Less than 24 hours before consultation: No refund
No-show: No refund
Medical or family emergencies: May be exempt from cancellation fees on case-by-case basis
Rescheduling:
24+ hours before consultation: Free rescheduling
Less than 24 hours before consultation: User must pay full consultation fee to reschedule (original payment non-refundable)
7.6 Taxes
Users are responsible for any applicable taxes related to their use of the Platform. Providers are independent contractors responsible for their own tax obligations.
8. Intellectual Property
8.1 MyHerbalist Property
The Platform and its content, features, functionality, and related intellectual property are owned by MyHerbalist, its licensors, or other content providers, including trademarks, software, and design elements.
8.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for personal, non-commercial purposes, subject to these Terms.
8.3 User Content
By submitting content, you grant MyHerbalist a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, and display your content in connection with operating the Platform.
9. Accessibility and Non-Discrimination
8.1 MyHerbalist Property
The Platform and its content, features, functionality, and related intellectual property are owned by MyHerbalist, its licensors, or other content providers, including trademarks, software, and design elements.
8.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for personal, non-commercial purposes, subject to these Terms.
8.3 User Content
By submitting content, you grant MyHerbalist a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, and display your content in connection with operating the Platform.
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DISCLAIMER:
THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE
The information, including but not limited to, text, graphics, images and other material contained on this website are for informational purposes only. No material on this site is intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition or treatment and before undertaking a new health care regimen, and never disregard professional medical advice or delay in seeking it because of something you have read on this website.
For more details please consult the terms and conditions.