Terms & Conditions

Terms & Conditions

Terms of Use Agreement

 Thank you for visiting the Marlin Herbs website (the "Site")! These Terms of Use constitute a legal agreement between “You” or “you” and Marlin Herbs.com (“Marlin HerbsInc”). By using the Site, you agree to be bound by the terms set forth herein and (b) represent and warrant to Marlin Herbs that (i) You are at least 18 years of age and have the authority to enter into this Agreement (either on your own behalf or by having a parent or legal guardian agree to the terms set forth herein on your behalf), (ii) this Agreement is binding and enforceable against You, (iii) to the extent an individual is accepting this Agreement on behalf of an entity, such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity, and (iv) You have read and understand Marlin Herbs’ Privacy Policy, the terms of which are posted at the Website and incorporated herein by reference (the "Privacy Policy"), and agree to abide by the Privacy Policy. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Any such modifications shall become effective immediately upon being posted on the Site. Your continued use of the Site after amendments are posted constitutes an acknowledgement and acceptance of this Agreement and its modifications. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from us or use our Site. Your continued access or use of the Site shall be deemed your acceptance of these changes and the reasonableness of these standards for notice of changes.

  1. Disclaimer of Warranties.

The site is provided Marlin Herbs, Inc. on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, neither Marlin Herbs, nor our affiliates, officers, directors, employees, agents, vendors, or the like, make any representations or warranties of any kind, express or implied, regarding the use or the results of this Site in terms of its correctness, accuracy, reliability, or otherwise Marlin Herbs, Inc. shall have no liability for any interruptions in the use of this Site. Marlin Herbs disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. You acknowledge, by your use of this Site, that your use of this Site is at your sole risk, that you assume full responsibility for any and all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Site, and that Marlin Herbs shall not be liable for any damages of any kind related to your use of this Site.

All information contained on the Site, including information relating to medical and health conditions, products, and treatments, is for informational purposes only. It is often summarized or presented in aggregate form. It is not meant to be a substitute for the advice provided by your own physician or other medical professionals or any information contained on or in any product packaging or labels. Marlin Herbs is not responsible for any statements or claims that various manufacturers make about their products and cannot be held responsible for typographical errors or product formulation changes. THE INFORMATION CONTAINED ON THIS SITE SHOULD NOT BE USED FOR DIAGNOSING A HEALTH PROBLEM OR PRESCRIBING A MEDICATION. YOU SHOULD CAREFULLY CONSULT ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCTS ON OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY PRODUCT PURCHASED ON THIS SITE. YOU SHOULD ALWAYS CONSULT YOUR OWN PHYSICIAN AND MEDICAL ADVISORS. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR ILLNESS.

While it is Marlin Herbs Inc objective to make the Site accessible at all times, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. In addition, various portions of the Site may operate slowly from time to time. You understand and acknowledge that due to circumstances both within and outside of the control of Marlin Herbs Inc, access to the Site may be interrupted, suspended or terminated from time to time. In particular, and not in limitation of the foregoing, Marlin Herbs Inc shall not be liable in any way for any delay in responding to an inquiry or question forwarded by You or the effects any delay or unavailability may have on You. YOU AGREE THAT MARLINHERBS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION OF THE SITE AND THAT YOU SHALL PUT IN PLACE CONTINGENCY PLANS TO ACCOUNT FOR SUCH PERIODIC INTERRUPTIONS OR SUSPENSIONS OF THE SITE.

  1. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL MARLIN HERBS INC, OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DISTRIBUTION OF THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF MARLINHERBS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Marlin Herbs Inc does not exert any control over any merchants, retailers, commercial ventures or other third parties, and as such is not liable or responsible for any actions taken or omitted to be taken by any such third party

  1. Links to Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage you to review said privacy policies of third-parties’ sites.

  1. Inaccuracy Disclaimer

From time to time there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Marlin Herbs Inc reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order).

  1. Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Marlin Herbs Inc makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Marlin Herbs Inc  makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

  1. Governing Jurisdiction of the Courts of the Province of Ontario

Our website is operated and provided in the Province of Ontario. As such, we are subject to the laws of the Province of Ontario, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal, or available for use in other locations. Accordingly, if you choose to access our site, you agree to do so subject to the internal laws of the Province of Ontario.

  1. Compliance with Laws

You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Site in any way that violates applicable state, federal, or international laws, regulations, or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national, or international law or regulation.

  1. Copyright and Trademark Information

All Web site content, including design, text, graphics, interfaces, the selection and arrangement thereof, and all software is Copyright © 2019, Marlin Herbs Inc, ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print in hard copy portions of this Web site for the sole purpose of placing an order with Marlin Herbs Inc or using this Web site as a shopping resource. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Marlin Herbs., is strictly prohibited. All material and information presented on the Site is intended to be used for educational purposes only. The statements made about products have NOT been evaluated by the Food and Drug Administration and they are not intended to diagnose, treat, cure, or prevent any condition or disease. Please consult with your own physician or health care practitioner regarding the suggestions and recommendations made on the Site.

All other trademarks displayed on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Marlin Herbs Inc.

  1. Other Terms

(a) You agree to abide by all restrictions displayed on the Site, as and when they are updated from time to time, including, without limitation, the terms in this Section 9. Marlin Herbs Inc reserves the right to remove any content you post to the Site, block the sending of any inquiry or other content Marlin Herbs deems inappropriate in its sole discretion, and may terminate all access to the Site at any time in its sole discretion for any or no reason. While Marlin Herbs Inc reserves the right to monitor all postings and/or content posted at the Site, it has no obligation to do so.

 (b) Permitted Uses. You may use the Site only in good faith for the purposes described herein. You may download and print out portions of the content from the Website for non-commercial purposes provided that you follow the rules in this Agreement. You may not use the Site, or any business listings, contract information or other content, to promote another business or commercial venture.

 (c) Distribution. Except as expressly permitted under other provisions of this Agreement, You may not modify, reproduce, duplicate, copy, photocopy, print, republish, display, translate, transmit, distribute, sell, resell, rent, lease, loan, exploit, reduce to any electronic medium or machine-readable form, or otherwise make available in any form or by any means all or any portion of the Website, the content or any information or materials retrieved from either of them, including, without limitation, graphics and logos, in whole or in part, for any purpose.

 (d) Derivative Works. You may not create compilations or derivative works of the Site, the Site or any other materials from the Site.

 (e) Proprietary Notices. You may not remove, change or obscure and you must retain on all copies of the content You download any copyright notice or other proprietary notice, Privacy Policy, legal disclosures or terms of use contained in the content or on the Website.

 (f) Infringement. You may not use the Site, the Site content or any other materials from the Site in any manner that may infringe upon any copyright or other intellectual property right, proprietary right, or property right of Marlin Herbs or any third party.

 (g) Information Distribution. You may not use the Site or any communications service, chat room, message board, blog, forum, newsgroup, or other interactive service that may be available to You on or through the Site to transmit, upload, post, distribute or facilitate distribution of, or otherwise make available any information or content, including text, communications, software, images, sounds, data or other information, that:

  • is false;
  • contains explicit or graphic descriptions or accounts of sexual acts, including, without limitation, sexual language of a violent or threatening nature directed at another individual or group of individuals;
  • includes any inside information and/or proprietary or confidential information learned or disclosed under nondisclosure agreements;
  • You are restricted from using under any law;
  • infringes upon the intellectual property rights of any third party; or
  • contains software viruses or any other computer code, files or programs that are designed or intended to disrupt, damage, or limit the functions of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any other party.

 (h) Other Prohibited Uses. You may not use the Site for any purpose that:

  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or otherwise violates Marlin Herbs’ rules or policies;
  • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or any other classification protected by law;
  • invades any person's or entity's privacy or other rights;
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  • misidentifies You or impersonates any person or entity, including, without limitation, any employee or representative of Marlin Herbs, or falsely states, implies, or otherwise misrepresents Your affiliation with a person or entity by, for example, pretending to be someone other than You or pretending to represent a company or organization that You are not affiliated with or authorized to represent; or
  • Could otherwise reasonably be deemed or viewed to be unethical, illegal or offensive.

 (i ) Others' Personal Information. You may not knowingly solicit or collect personal information from a child 12 years old or younger without appropriate prior verifiable parental consent.

 (j) Harm to Minors. You may not take any action on the Site or use the Site content to harm minors in any way.

 (k) Solicitation. You may not use the Site or any Site content in a manner that violates any state or federal law regulating commercial e-mail, facsimile transmissions or telephone solicitations.

 (l) The Site and the Site content may contain and/or provide access to content provided by third parties, including, without limitation, information, dialogue, opinions, stories, advice, statistical data, text, software, music, sound, photographs, graphics, video, messages, and other materials, whether publicly or privately posted to or e-mailed or otherwise transmitted through the Site ("Third Party Content") that may include content You find to be offensive, indecent or objectionable. The third party from whom or which any such Third Party Content originates is solely responsible for it and Marlin Herbs assumes no responsibility to verify, has no control or influence over, makes no representations regarding, and does not guarantee the accuracy, integrity or quality of any Third Party Content. Accordingly, Marlin Herbs has no liability of any kind to You or any other person relating to any Third Party Content, including, without limitation, mistake, misstatement of law, omission, falsehood, defamation, obscenity, pornography, profanity, opinion, representation and any other content contained in the Third Party Content or for any loss or damage of any kind incurred as a result of the use of any Third Party Content. Statements of opinion and commentary in Third Party Content are those of the third party and, unless Marlin Herbs expressly states in writing to the contrary, Marlin Herbs Inc neither endorses nor adopts as its belief any such statements. Marlin Herbs Inc may provide information in articles Marlin Herbs Inc  posts or links to through the Website only for educational and general informational purposes and not as professional advice. Marlin Herbs Inc has made no attempt to verify any information contained in any such articles.

 (m) As a convenience to you and other Site visitors, the Site may contain links to websites that are owned and operated by third parties that are not affiliated with Marlin Herbs Inc. When you uses these links, You will leave the Site and Marlin Herbs Inc  will have no ability to protect Your interests. You visits linked websites at your own risk and it is your responsibility to take any protective measures to guard against viruses and other destructive elements. Marlin Herbs Inc is not responsible for and, unless it expressly states otherwise in writing, makes no warranty or representation regarding and does not endorse any linked website or any service, product or information provided on or through the linked website.

 (n) If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Marlin Herbs Inc, in our sole discretion, to a third party in the event of a merger or acquisition. You agree that, by accepting this Terms of Use Agreement, you are consenting to the use and disclosure of your personally identifiable information and other practices described in our Privacy Policy.