Terms & Conditions

Last Updated: May 3, 2025

1. Acceptance of Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you and Everest Herbals ("we," "our," "us") governing your access to and use of the Everest Herbals website (everestherbals.com), including any content, functionality, and services offered on or through the website (collectively, the "Website").

By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Website.

2. Product Information and Disclaimers

2.1 FDA Disclaimer: The statements made regarding our products have not been evaluated by the Food and Drug Administration. The efficacy of these products has not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure, or prevent any disease. All information presented here is not meant as a substitute for or alternative to information from healthcare practitioners. Please consult your healthcare professional about potential interactions or other possible complications before using any product.

2.2 Product Information: We strive to provide accurate product descriptions, ingredients, and other information on our Website. However, we do not warrant that product descriptions, colors, information, or other content on the Website are accurate, complete, reliable, current, or error-free. In the event of any discrepancy between the information on our Website and the product label or packaging, you should always rely on the product label or packaging.

2.3 Individual Results: Any testimonials, reviews, or success stories on our Website represent individual experiences and do not guarantee that you will achieve the same results. Results may vary from person to person based on individual factors such as health, diet, and lifestyle.

2.4 Allergies and Interactions: Our products may contain ingredients that cause allergic reactions or interact with medications in some individuals. Before using our products, you should carefully review the ingredient list and consult with a qualified healthcare provider if you have known allergies, are pregnant or nursing, have a medical condition, or are taking medications.

2.5 No Medical Advice: The content on our Website is provided for informational purposes only and is not intended as medical advice. You should not use the information on our Website for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. Any decision you make regarding your health should be made in consultation with a qualified healthcare provider.

3. Use of the Website

3.1 Eligibility: The Website is offered and available to users who are 18 years of age or older. By using the Website, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding contract.

3.2 Prohibited Uses: You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation
  • To impersonate or attempt to impersonate Everest Herbals, an Everest Herbals employee, another user, or any other person or entity
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which may harm Everest Herbals or users of the Website

3.3 Account Security: If you create an account on our Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account or password.

4. Orders and Purchases

4.1 Order Acceptance: Your order constitutes an offer to purchase products from us. We reserve the right to accept or decline your order for any reason, including but not limited to product availability, errors in product or pricing information, or problems identified by our fraud detection systems.

4.2 Pricing and Payment: All prices are in US dollars and are subject to change without notice. We reserve the right to correct any pricing errors. Payment for all orders must be made through our authorized payment processors (Stripe, Square, and PayPal). By submitting your order, you authorize us to charge the applicable payment method.

4.3 Taxes: You are responsible for any sales tax, customs duties, or other taxes that may apply to your order. These charges, if applicable, will be added to your total order amount.

4.4 Shipping and Delivery: Shipping methods, rates, and delivery times are provided during the checkout process. We are not responsible for delays in delivery caused by shipping carriers, customs processing, or other circumstances beyond our control.

5. Returns and Refunds

5.1 Return Policy: We accept returns of unopened products in their original packaging within 30 days of delivery. Certain products may be excluded from our return policy for health and safety reasons, as indicated in their product descriptions.

5.2 Return Process: To initiate a return, please contact us at info@everestherbals.com with your order number and reason for return. You are responsible for return shipping costs unless the return is due to our error.

5.3 Refunds: Refunds will be issued to the original payment method once we receive and inspect the returned items. Refunds typically take 5-10 business days to process, depending on your payment provider.

5.4 Damaged or Defective Products: If you receive damaged or defective products, please contact us within 48 hours of delivery with photos of the damage. We will arrange for a replacement or refund at our discretion.

6. Intellectual Property Rights

6.1 Website Content: The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Everest Herbals, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6.2 Limited License: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
  • You may store files that are automatically cached by your Web browser for display enhancement purposes
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution

6.3 Trademarks: The Everest Herbals name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Everest Herbals or its affiliates or licensors. You must not use such marks without the prior written permission of Everest Herbals.

7. Limitation of Liability

7.1 Disclaimer of Warranties: THE WEBSITE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED. EVEREST HERBALS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

7.2 Limitation of Liability: TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL EVEREST HERBALS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

7.3 Cap on Liability: IN NO EVENT WILL EVEREST HERBALS' TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE WEBSITE OR THESE TERMS EXCEED THE AMOUNT PAID BY YOU TO EVEREST HERBALS FOR PRODUCTS PURCHASED THROUGH THE WEBSITE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

7.4 Product Liability: NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR:

  • DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE
  • FRAUD OR FRAUDULENT MISREPRESENTATION
  • ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW

8. Indemnification

You agree to defend, indemnify, and hold harmless Everest Herbals, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.

9. Dispute Resolution

9.1 Governing Law: These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any choice or conflict of law provision or rule.

9.2 Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms, including the formation, interpretation, breach, or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The tribunal will consist of a sole arbitrator. The place of arbitration will be Teaneck, New Jersey. The language to be used in the arbitral proceedings will be English.

9.3 Waiver of Jury Trial: YOU AND EVEREST HERBALS HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Everest Herbals are instead electing that all claims and disputes shall be resolved by arbitration under this Section, except as specified in Section 9.4 below.

9.4 Exceptions: Notwithstanding the foregoing, either party may bring an individual action in small claims court or seek emergency injunctive relief in any court of competent jurisdiction. Nothing in this Section shall be deemed to waive any applicable immunities or defenses that Everest Herbals may have under law.

9.5 Class Action Waiver: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

10. Third-Party Services

10.1 Third-Party Websites: The Website may contain links to third-party websites or services that are not owned or controlled by Everest Herbals. Everest Herbals has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Everest Herbals shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

10.2 Third-Party Service Providers: We use third-party service providers for various aspects of our business, including hosting, payment processing, shipping, and marketing. These service providers have their own terms of service and privacy policies, and your use of the Website constitutes your acceptance of those terms and policies as applicable.

11. Miscellaneous

11.1 Entire Agreement: These Terms, together with our Privacy Policy, constitute the sole and entire agreement between you and Everest Herbals regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

11.2 Waiver: No waiver by Everest Herbals of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Everest Herbals to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

11.3 Severability: If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

11.4 Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without Everest Herbals' prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Everest Herbals may freely assign or transfer these Terms without restriction.

11.5 Force Majeure: Everest Herbals will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing any of our obligations when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities, terrorist threats or acts, riot or other civil unrest, national emergency, epidemic, pandemic, lockouts, strikes or other labor disputes, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.

11.6 Changes to Terms: We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes.

12. Contact Information

If you have any questions about these Terms, please contact us at:

Everest Herbals
Teaneck, New Jersey, USA
Email: info@everestherbals.com
Phone: +1 (551) 322-0077