Terms and Conditions

The claims made about specific health benefits regarding our products have not been evaluated or approved by the Food and Drug Administration. Products listed and sold here are not intended to diagnose, treat, cure or prevent any sort of illness or disease.  Please consult with a healthcare professional before starting treatments for diseases.

IMPORTANT: Natural Good Medicines LLC (NGM-LLC) products are for external use only unless otherwise indicated.

Use of Site:

Subject to the terms of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for shopping for products sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.

You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

To provide increased value to our visitors, NGM_LLC may link to Sites operated by third parties. However, even if the third party is affiliated with NGM-LLC, NGM-LLC has no control over these linked Sites, all of which have separate privacy and data collection practices independent of NGM-LLC. These linked Sites are provided only for your convenience and therefore you access them at your own risk. Nonetheless, NGM-LLC seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on its own Site and sites it links to (including if a specific link does not work).

If an NGM-LLC product is mistakenly listed at an incorrect price, NGM-LLC reserves the right to refuse or cancel any orders placed for any product listed at the incorrect price. NGM-LLC reserves the right to refuse or cancel any such orders if the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, NGM-LLC shall issue a credit to your credit card account in the amount of the incorrect price.

You assent to the Agreement when you make a purchase by checking the box that provides “I accept the Terms and conditions”, including the arbitration provision contained therein prior to your purchase.  In addition, when you use any of the services (e.g., Customer Reviews) provided by the Site, you assent to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference.  We reserve the right to change this Site at any time.  We also reserve the right to change this Agreement for future orders at any time.

If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.

This Site is created and controlled by NGM-LLC in the State of Oregon, USA.  As such, the laws of the State of Oregon will govern all claims related to or arising out of your use of the Site or these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.

READ THIS ARBITRATION PROVISION CAREFULLY:  This Section impacts how legal claims arising under this Agreement are resolved. Under the terms of this provision (the “Arbitration Provision”), and except as set forth below, Claims (as defined below) will be resolved by individual (and not class-wide) binding arbitration in accordance with this provision if you or we elect it.  If a Claim is arbitrated, neither you nor we will have the right to: (1) have a court or a jury decide the Claim; (2) engage in information-gathering (discovery) to the same extent as in court; (3) participate in a class action, private attorney general or other representative action in court or in arbitration; or (4) join or consolidate a Claim with those of any other person.

Mandatory Arbitration:

Definitions

The terms “Company,” “we,” “us” and “our,” solely as used in this Arbitration Provision and in addition to the meaning set forth above, also refer to our employees, officers, directors, parents, controlling persons, subsidiaries, affiliates, predecessors, acquired entities, successors and assigns.

“Claim” means any demand, cause of action, complaint, claim, asserted right, or request for monetary or equitable relief, whether past, present or future, and based upon any legal theory, including contract, tort, consumer protection law, fraud, statute, regulation, ordinance, or common law, which arises out of or relates to this Agreement or your purchasing of products from the Site, whether related to the product(s)’ quality, representations about the product(s), information you entered into the Site, or otherwise.  The term Claim is intended to be interpreted as broadly as permitted under applicable law.

Agreement to Arbitrate Claims:  Except if you opt out as provided below, both you and the Company may elect to arbitrate any Claim.  This means that by agreeing to this Agreement, you waive your right to sue us in Court, except if you opt out as provided below.

Electing Arbitration:  If you or we elect to arbitrate a Claim, the party electing arbitration must notify the other party in writing (the “Notice”).  Your Notice to us shall be sent to NGM-LLC 7065 Monte Vista Ct. Eagle Point, OR 97524 (“Notice Address”).  Our Notice to you shall be sent to the most recent address for you in our files, or to the email address we have on file for you.  If you purchased the products for resale, any arbitration will take place in Jackson County, Oregon unless you and the Company agree otherwise.  If you purchased the products as a consumer (i.e., as an end-user of the products), any arbitration will take place in any venue in which a federal court would have jurisdiction over your Claims, unless you and the Company agree otherwise.   If a party files a lawsuit in court asserting a Claim and the other party elect’s arbitration, such Notice may be asserted in papers filed in the lawsuit (for example, a motion by the defendant to compel arbitration of Claims asserted by the plaintiff in a lawsuit filed in court).  After arbitration is compelled by a court, either party may commence the arbitration proceeding in accordance with the rules and procedures of the arbitration administrator specified in this section.

Arbitration Costs:  We will pay the filing, administrative and/or arbitrator’s fees (“Arbitration Fees”) that we are required to pay pursuant to the arbitrator’s rules or the law.  In addition, with respect to Arbitration Fees that you are required to pay under the arbitrator’s rules in connection with an individual arbitration you have commenced against us or that is compelled by a court, we will pay, or reimburse you for your payment of, any Arbitration Fees that exceed the filing fee for the federal court located in the venue in which the arbitration will take place if (a) you did not purchase the products for resale (i.e., bought them as the consumer end user), and (b) the amount of your Claim does not exceed $75,000.  For us to pay these fees or reimburse you for your payment of these fees, you must notify us in writing of your request for reimbursement at the Notice Address.  If this reimbursement provision applies, and you have already paid a filing fee to file a case in state or federal court, you will not be required to pay that amount again if the court compels arbitration.

Arbitration Administrator and Rules:  The party electing arbitration must choose between one of two administrators: (1) the American Arbitration Association (“AAA”), or (2) JAMS.  The rules or codes of procedures in effect at the time the arbitrator is elected that apply to the claims (for example, the AAA or JAMS consumer rules will apply to your claim if you are a consumer) will apply to the arbitration, and these rules are incorporated into this Agreement to the extent they are consistent with this Agreement.  You may obtain a copy of the rules/codes, and more information about initiating an arbitration, by (1) contacting AAA at 1-800-778-7879 or visiting www.adr.org, or (2) contacting JAMS at 1-800-352-5267 or visiting www.jamsadr.com.  The arbitrator is bound by the terms of this Agreement.  If neither AAA nor JAMS can serve, the parties may agree on another administrator, or a court may appoint one.

What Law the Arbitrator Will Apply:  The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court, or by state or local laws that relate to arbitration proceedings.  The arbitrator will, however, apply the same statutes of limitation and privileges that a court would apply if the matter were pending in court.  In determining liability or awarding damages or other relief, the arbitrator will follow the applicable substantive law, consistent with the Federal Arbitration Act (FAA), that would apply if the matter had been brought in court.  The law of the State of Ohio applies to this Agreement, and will be applied by the arbitrator, as set forth above in the Choice of Law section above.

The Arbitrator’s Decision and Award:  At the timely request of either party, the arbitrator shall provide a brief written explanation of the grounds for the decision.  The arbitrator may award any damages or other relief or remedies that would apply under applicable law to an individual action brought in court.

Effect of Arbitration Award; Appeal:  The arbitrator’s award shall be final and binding on all parties, except for any right of appeal provided by the Federal Arbitration Act.

Federal Arbitration Act:  This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Provision.

CLASS ACTION WAIVER:  If either you or the Company elect to arbitrate a Claim, neither you nor the Company will have the right: (a) to participate in a class action, private attorney general action or other representative action in court or in arbitration, either as a class representative or class member; or (b) to join or consolidate Claims with claims of any other persons. No arbitrator shall have authority to conduct any arbitration in violation of this provision or to issue any relief that applies to any person or entity other than you and/or us individually.  The parties acknowledge that the Class Action Waiver is material and essential to the arbitration of any Claims and is non-severable from this Arbitration Provision.  If the Class Action Waiver is voided, found unenforceable, or limited with respect to any Claim for which you seek class-wide relief, then the parties’ Arbitration Provision (except for this sentence) shall be null and void with respect to such Claim, subject to the right to appeal the limitation or invalidation of the Class Action Waiver.  The Arbitration Provision, however, shall remain valid with respect to all other Claims.  The parties acknowledge and agree that under no circumstances will a class action be arbitrated.

Conflicts; Severability; Survival:  This Arbitration Provision is intended to be broadly interpreted. In the event of a conflict between the provisions of this Arbitration Provision and the AAA or JAMS rules, or any other terms of the Agreement, the provisions of this Arbitration Provision shall control.  If any part of this Arbitration Provision is deemed or found to be unenforceable for any reason, the remainder shall be enforceable, except as provided by the Class Action Waiver.  This Arbitration Provision shall survive the termination of any relationship between us, including the termination of the Agreement.

Right To Opt Out of This Arbitration Provision:  This Arbitration Provision will apply to you and the Company and to all Claims as of the date you become bound under this Agreement, unless you opt out by providing proper and timely notice.  To opt out, you must send us a written notice including your name, the purchase order number of the purchase that this Agreement governs, and a statement that you do not wish to be governed by the Arbitration Provision in this Agreement (the “Opt Out Notice”).  To be effective, your written Opt Out Notice must be (1) sent to us by first class mail at 7065 Monte Vista Ct. Eagle Point, OR 97524; (2) include the information set forth above; and 3) be signed by you.  We must receive your Opt Out Notice within forty-five (45) days after the date of the purchase that this Agreement governs.  Your decision to opt out will not affect any other provision of this Agreement.