Terms of service

Effective Date: June 23, 2025

Please read these Terms of Service (“Terms”) carefully before using the https://www.herb-era.com website (the “Service”) operated by Herbera LLC (“we,” “us,” or “our”). If you disagree with any part of these Terms, do not access or use the Service.

Marketing Communications

1.1 Email Marketing Consent

By providing your email address, you explicitly consent to receive:

  • Promotional Emails: Special offers, discounts, and sales notifications.

  • Informational Emails: Transactional content such as order confirmations, shipping notifications, and account information.

  • Marketing Content: Newsletters, product announcements, and company updates.

Compliance Notice: All email marketing activities comply with the CAN-SPAM Act. You will only receive marketing content if you explicitly consent.

You may unsubscribe at any time by clicking the “Unsubscribe” link in our emails or by contacting support@herb-era.com.

Text Message Policy

2.1 SMS Consent

By providing your mobile number, you explicitly consent to receive:

  • Promotional Messages: Discounts, special offers, and exclusive promotions.

  • Informational Messages: Transactional updates such as order confirmations and delivery notifications.

  • Marketing Content: Product launches, company updates, and promotional activities.

TCPA Compliance: All text messaging complies with the Telephone Consumer Protection Act (TCPA).

2.2 Message Frequency

You may receive text messages up to 5 times per month. You may adjust your preferences or opt-out as described below.

2.3 Message Charges

Message and data rates may apply according to your mobile carrier's terms. You are solely responsible for any such charges.

2.4 Subscription Management

  • To Opt-out: Reply STOP to any message.

  • For Assistance: Reply HELP or contact support@herb-era.com.

2.5 Data Privacy

Your personal information, including your mobile number, is governed by our Privacy Policy, which outlines our practices for data handling, security, and sharing. We will not share your mobile information with third parties without explicit consent.

Termination

We reserve the right to terminate or suspend your access to our Service immediately and without prior notice for reasons including but not limited to violation of these Terms, illegal activities, fraud, or operational necessity.

Continued Applicability: Provisions regarding warranty disclaimers, indemnification, and limitations of liability remain effective post-termination.

Subscription Billing

Subscriptions

  • Billing: Billed in advance on a recurring cycle specified upon purchase (e.g., monthly, annually).

  • Cancellation: Manage or cancel your Subscription anytime via account settings or contact support@herb-era.com. Cancellation is effective immediately but does not result in prorated refunds.

  • Payment Issues: Access may be suspended if payments fail due to issues such as insufficient funds or expired payment methods.

Third-Party Websites

Our Service may link to external third-party websites.

Disclaimer: We are not responsible or liable for third-party content or practices. Review their terms and policies before accessing or using them.

Dispute Resolution and Arbitration Agreement

Binding Arbitration

You and Herbera LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert qualifying claims in small claims court.

Arbitration Provider and Rules

The arbitration will be administered by a reputable arbitration provider (e.g., JAMS or AAA) under their applicable rules, as modified by this section. The arbitrator shall be empowered to grant any relief that would be available in a court of law.

Location and Fees

Unless otherwise agreed, arbitration shall occur in Denver, Colorado. We will pay all arbitration filing, administration, and arbitrator fees for individual claims, provided your claim is not found to be frivolous.

Mass Arbitration Procedure

In the event of mass arbitration filings—defined as 25 or more similar demands filed by the same or coordinated counsel—the following terms apply:

  • A batching procedure will apply: Only the first 10 arbitrations will proceed to resolution. The remaining claims will be stayed until those are resolved.

  • Arbitration fees shall be due only at the time each arbitration officially commences, not upon filing.

  • Each claimant must submit a signed declaration under penalty of perjury describing the nature of their individual claim and specific damages before arbitration is initiated.

  • We reserve the right to opt out of arbitration and proceed in court if a mass arbitration demand is initiated against us.

Waiver of Class Actions

You and we agree that all claims must be brought in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding. Class arbitrations are explicitly prohibited.

Severability

If any portion of this arbitration clause is found to be unenforceable, the remaining provisions will remain in full force and effect.

Changes to Terms

We may update or modify these Terms at any time at our sole discretion. Any changes will be posted on this page with the revised “Effective Date” at the top. It is your responsibility to review these Terms periodically for changes. Your continued use of the Service after any modifications constitutes your acceptance of the updated Terms.

Privacy Policy

Refer to our Privacy Policy at: https://www.herb-era.com/policies/privacy-policy

Contact Information

For questions about these Terms:

Email: support@herb-era.com
Address: Herbera LLC, PO BOX 5306, Denver, CO, 80217