PharmaNutrics USA Terms of Use 

Welcome to the PharmaNutrics USA website located at www.pharmanutrics.com (the “Website” or “Site”). Please read these Terms and Conditions of Use (the “Terms”), our Privacy Policy (“Privacy Policy”) and our Terms and Conditions of Sale (“Sale”) carefully because they govern your use of our Website, our online store for PharmaNutrics USA products (“Products”) and the content accessible via our Website. By using this Website or purchasing Products from PharmaNutrics USA, you agree to accept and adhere to the following Terms of Use. If you do not agree to be bound with all of the Terms of Use, Privacy Policy, and Terms of Sale, then you should not use this Website. 

1. Important Disclaimer
(a) THIS WEBSITE DOES NOT PROVIDE ANY MEDICAL ADVICE. Information on this Website is provided for informational purposes only and is not intended as a substitute for the advice provided by your physician or other healthcare professional. You should not use the information on this Website for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Website. 

(b) We do not recommend or endorse any specific professionals, tests, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided by us, our consultants, dietitians, our employees, and others appearing on the Website (at our invitation or other visitors to the Website) is at your own risk. The Site is intended for healthy adults only. Subscribers must be 18 years or over.

(c) The use of this Website does not create a professional-client relationship. Information provided on this Website and the use of any Products or services purchased from our Website by you DOES NOT create a doctor-patient relationship between you and any of the consultants affiliated with our Website.

(d) If you have or suspect that you have a medical problem, promptly contact your healthcare provider. Never disregard professional medical advice or delay in seeking professional advice because of something you have read on this Website.

(e) 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. Consult your healthcare professional prior to use if you have or suspected a medical condition, are taking prescription drugs, or are pregnant or lactating.

(f) You should always speak with your physician or other healthcare professional before taking any medication or nutritional or herbal supplement, or adopting any treatment for a health problem.

(g) You should carefully read all product packaging and instructions for any Products or services purchased from this Website.

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND PHARMANUTRICS USA THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 15 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.

2. Changes to Terms or Services
We may update the Terms at any time, in our sole discretion. You understand and agree that your access to or use of our Products is governed by the Terms effective at the time of your access to or use of our Products. If we make material changes to these Terms, we’ll let you know either by posting the updated Terms on the Website or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. You understand and agree that your continued access to or use of the Site or the Products after the effective date of modifications to the Terms indicates your acceptance of the modifications. If you don’t agree to be bound by the updated Terms, then you may not use or access the Website, Products or Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

3. Use of Website, Products or Services
(a) Eligibility 
You may use the Services only if you are 18 years or older and capable of forming a binding contract with PharmaNutrics USA and are not barred from using the Services under applicable law. By using the Site or Products, you represent to us that you are 18 years of age or older and are legally competent to enter into and agree to these Terms. You may not access or use the Site or the Products if we have previously banned you from our Products or closed your account. 

(b) Limited License 
Subject to your compliance with these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license with no right to sublicense, to access and view the Content solely in connection with your permitted use of the Services to use our Products; provided that, if you are accessing our Products as an individual, then such use must be for your personal, non-commercial use only. You acknowledge and agree that your use of our Products is at your own risk, including any risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

(c) Account
You must create an account and provide certain information about yourself in order to use some of the features that are offered through our Products. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to restrict, limit or close your account at any time for any or no reason. You represent that any information that you provide when creating your PharmaNutrics USA account is accurate. We encourage you to provide complete information about yourself. You may not impersonate someone else, create or use an account for anyone other than yourself, or provide an email address other than your own. If you represent a business, brand, or product, you must disclose your affiliation in any reviews or other User Content that you may post.  You agree not to use the Site for any of the following purposes: posting any information which is inaccurate or untrue; posting information that is not your own; posting or communicating any material that infringes on any intellectual property or privacy right of another person or entity; engaging in conduct that would constitute a criminal offense; engaging in conduct that would give rise to civil liability; engaging in conduct that would violate any law or regulation: attempting to interfere in any way with the Website’s or PharmaNutrics USA’s network security.

(d) Communications and Notifications
By creating an account, you agree to receive certain communications in connection with our Products. You will receive certain mandatory communications, for example notifications informing you of important updates to our Terms or Privacy Policy, or security issues with your account. You will also by default receive occasional marketing communications and social notifications (e.g., when one of your reviews or comments receives a “like,” “helpful” vote, or reply from another user). By opting into receive SMS/MMS communications from PharmaNutrics USA you agree to receive recurring automated text messages (SMS and MMS) at the phone number provided. Consent is not a condition to purchase. Message and data rates may apply. You may unsubscribe at any time by replying STOP. If you like, you may opt out of non-essential communications by contacting us.

(e) Changes, Suspension of Access, and Certain Terminations
We may, without prior notice, change the Products; stop providing the Products or features of the Products, to you or to users generally; or create usage limits for the Products. We may permanently or temporarily terminate or suspend your access to, or our provision of, any or all of the Website and Products without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, your right to access or use the Products will immediately cease, and may result in the immediate deletion of your User Content. If you wish to terminate your use of the Products, you may notify PharmaNutrics USA at inspired@pharmanutrics.com or simply discontinue using the Products to the extent you do not have a subscription with PharmaNutrics USA. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations and limitations of liability.

4. Customer Feedback
We welcome feedback, comments and suggestions for improvements to the Services and Products (“Feedback”). You can submit Feedback by emailing us at inspired@pharmanutrics.com. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

5. Fraud Prevention Policy
All orders are reviewed for fraud or other types of unauthorized activity. We reserve the right to review and refund or not process an order due to suspected fraud or unauthorized activity. We reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. For any questions, please reach out to us via email at inspired@pharmanutrics.com.

6. Offer Codes; Spokespeople; Refer-a-Friend Program
(a) Offer Codes
From time to time, PharmaNutrics USA may offer promotional or offer codes that are redeemable towards a purchase of Products on the Site, subject to expiration dates, minimum purchase order, Product exclusions and any other restrictions as may be determined and communicated by PharmaNutrics USA in its sole discretion (“Offer Codes”). Only valid Offer Codes provided by PharmaNutrics USA will be honored by PharmaNutrics USA. Each Offer Code offered by PharmaNutrics USA (i) is non-transferable, (ii) is valid for one (1) single purchase on the Site, (iv) cannot be redeemed for cash or any cash equivalent. Offer Codes cannot be used towards purchase of non-PharmaNutrics USA branded merchandise, taxes, or shipping charges. PharmaNutrics USA is not responsible for any unauthorized use of Offer Codes. The monetary value of the Offer Code will not be refunded or credited back if the Product purchased using the Offer Code is returned. Offer Codes are void if copied, transferred, sold, exchanged or expired, and where prohibited.

(b) Certificate Codes
From time-to-time PharmaNutrics USA may issue certificates. Certificates are coupons for discounts off future purchases and may be redeemed only for a discount off purchase amounts equal to or greater than the specified amount before other discounts applied. Certificates are not transferable and may be used only by the member to whom issued. Unless noted otherwise on the certificate, each certificate will expire thirty (30) days from the issuance date. Certificates have no cash value and no change will be given for certificate redemption. Certificates are not retroactive and price adjustments will not be issued to orders placed prior to the date issued. Certificates may be used only once. Certificates expire at 11:59 p.m. CST on the expiration date shown on the reward certificate. This offer is subject to change without notice.

(c) Offer Codes from Spokespeople
From time to time, PharmaNutrics USA may engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of our brand. If you receive an Offer Code from a third-party source, please note that such individual may have been compensated by PharmaNutrics USA for his or her statements. 

(d) Refer A Friend Promotion Terms:
PharmaNutrics USA may provide you referral credits ("Referral Credits") when you invite your friends to make a qualifying order on www.pharmanutrics.com ("Credit-Eligible Orders") using your applicable referral code. Referral Credits may be awarded to you when your friends make their first purchase of a qualifying purchase. Referral Credits are granted in PharmaNutrics USA's sole discretion. In order for you to be eligible to receive Referral Credits for friends making new Credit-Eligible Orders, the new friends must use the referral code PharmaNutrics USA provides them and make a first-time purchase on www.pharmanutrics.com or as applicable. Referral codes will not be applied to subsequent automatically renewed orders and are void where prohibited. 

Referral Credits are loyalty or promotional discounts or credits offered by PharmaNutrics USA, and do not constitute an account, a payment instrument or other property owned by any PharmaNutrics USA user. Any person that receives credits, coupons, prizes or other benefits from PharmaNutrics USA by posting to coupon sites, comment sections on third-party sites, using multiple user accounts or email addresses, using false names, impersonating others, or through the use of any other fraudulent or misleading conduct as determined by PharmaNutrics USA, shall forfeit any credits, coupons, prizes or benefits obtained through such means, and may be liable for civil and/or criminal penalties under applicable law. PharmaNutrics USA reserves the right to deactivate your referral code at its sole discretion.  

PharmaNutrics USA reserves the right to cancel the Referral Program or to change the Terms and Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time. PharmaNutrics USA reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the Referral Program in a questionable manner or breaches any of these Terms and Conditions or is in violation of any law, statute or governmental regulation.

You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is prohibited. Any distribution of your referral code that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account, revocation of Referral Credits and exclusion from the Referral Program.

7. Content Ownership
(a) Definitions
For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; (ii) “User Content” means any Content that Website visitors (including Account holders) provide to be made available through the Services, including Product reviews. User Content also includes Content that explicitly refers to PharmaNutrics USA, the Products or the Services that you submit or make available through third-party websites or platforms (“User Content”). PharmaNutrics USA has no obligation to make any User Content available on the Site. As between you and PharmaNutrics USA, you retain all rights in, and are solely responsible for, your User Content; provided that, by posting User Content to the Products, you grant PharmaNutrics USA and its users the rights to use User Content as described below; (iii) "Third-Party Content" means Content that originates from parties other than PharmaNutrics USA or its users, which is made available in connection with the Products; (iv) "Site Content" means all of the Content that is made available in connection with our Products or otherwise forms a part of our Products, including all materials therein or transferred thereby, including Content, User Content, and Third Party Content; and (v) “IP Rights” means all patent rights, copyright rights, moral rights, rights of publicity, rights of privacy, trademark, trade dress and service mark rights, goodwill, trade secret rights and all other intellectual property or proprietary rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

(b) Our Content Ownership
PharmaNutrics USA does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, PharmaNutrics USA and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights, our compilation of User Content and other Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site and the Products excluding User Content and Third-Party Content. We also own the IP Rights associated with PharmaNutrics USA Content and our Products, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. Except as explicitly provided herein, nothing in these Terms will be deemed to create a license in or under any such IP Rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Products. PharmaNutrics USA does not guarantee the identity of any users with whom you interact in using the Products and is not responsible for which users gain access to the Products.

(c) Rights in User Content Granted by You
By making any User Content available through the Services you hereby grant to PharmaNutrics USA a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services and Content to you and to other Website visitors and allowing others to do the same in connection with their own websites and media platforms. In addition, you hereby grant to PharmaNutrics USA a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services and Content to you and to other Website visitors, subject to the terms and conditions of the third-party website or platform to which the User Content was submitted. You also irrevocably grant the users of our Products and the Website the right to access your User Content in connection with their use of the Website, Products and Services, and to use, reproduce, distribute, display and perform your User Content as permitted through the functionality of the Products and under these Terms. Finally, you irrevocably waive, and cause to be waived, against PharmaNutrics USA and its users any claims and assertions of moral rights or attribution with respect to your User Content. If the features of the Products allow you to remove or delete your User Content from the Services, the above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from the Products. Notwithstanding the foregoing, you understand and agree that PharmaNutrics USA may retain, but not display, distribute, or perform, server copies of your User Content that have been removed or deleted; provided that in certain cases, such as if your User Content has been included in printed content or otherwise used, the above licenses granted by you with respect to your User Content will not terminate and your User Content may continue to be used, displayed, distributed, and performed indefinitely. The above licenses granted by you in your User Content for which the Products do not provide you a means to delete or remove are perpetual and irrevocable.

(d) Your Responsibility for User Content
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by PharmaNutrics USA on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Any information or content publicly posted or privately transmitted through the Products is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk. PharmaNutrics USA is not liable for any errors or omissions in that information or any Content, including Your Content, or for any damages or loss you might suffer in connection with the foregoing. You are responsible for all Content you contribute, in any manner, to the Products, including User Content, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You are responsible for your activity in connection with the Products. You may not imply that User Content is in any way sponsored or endorsed by PharmaNutrics USA. You acknowledge and agree that you may expose yourself to liability if, for example, your User Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

(e) Advertising
We may publicly display advertisements and other information adjacent to or included with User Content (for example, a product advertisement may be featured next to your review of that product). You acknowledge and agree that you are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change at any time without specific notice to you.

(f) Other
User Content (including User Content that may have been created by users employed or contracted by PharmaNutrics USA) does not necessarily reflect the opinion of PharmaNutrics USA. We reserve the right to remove, modify, or reinstate User Content at our sole discretion for any reason, and without notice to you. For example, we may remove User Content if we believe it violates these Terms or our policies. We have no obligation to retain or provide you with copies of User Content, nor do we guarantee any confidentiality with respect to User Content.

(g) Reporting Infringement
Termination of Repeat Infringer Accounts. PharmaNutrics USA respects the intellectual property rights of others and requests that users do the same. By accessing and/or using the Website or Services, you agree to report to Company all claims or suspected claims of copyright or other infringement of Company’s intellectual property or other proprietary rights. Claims of infringement should be directed to PharmaNutrics USA’s designated copyright agent at P.O. Box 1660, Woodstock, IL 60098.

If you believe that any information on the Web site infringes on your copyright, you should notify Company of your claim in accordance with the following procedures. Company will process notices of alleged infringement in accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable copyright laws. The DMCA requires that notification of claimed infringement be in writing and provided to PharmaNutrics USA’s designated copyright agent at P.O. Box 1660, Woodstock, IL 60098.

To be effective, the notice of infringement must contain the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (4) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

8. General Prohibitions
You agree not to do any of the following:
(a) Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

(b) Use, display, mirror or frame the Services or any individual element within the Services, PharmaNutrics USA’s name, any PharmaNutrics USA trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without PharmaNutrics USA’s express written consent; 

(c) Access, tamper with, or use non-public areas of the Services, PharmaNutrics USA’s computer systems, or the technical delivery systems of PharmaNutrics USA’s providers; 

(d) Attempt to probe, scan or test the vulnerability of any PharmaNutrics USA system or network or breach any security or authentication measures; 

(e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by PharmaNutrics USA or any of PharmaNutrics USA’s providers or any other third party (including another user) to protect the Services or Content; 

(f) Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by PharmaNutrics USA or other generally available third-party web browsers; 

(g) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; 

(h) Use any meta tags or other hidden text or metadata utilizing an PharmaNutrics USA trademark, logo URL or product name without PharmaNutrics USA’s express written consent; 

(i) Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms; 

(j) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information; 

(k) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content; 

(l) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; 

(m) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission; 

(n) Impersonate or misrepresent your affiliation with any person or entity; 

(o) Violate any applicable law or regulation; or

(p) Encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content (including without limitation Product reviews), we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

9. Copyright Policy
PharmaNutrics USA respects copyright law and expects its users to do the same. It is PharmaNutrics USA’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. 

10. Links to Third-Party Websites or Resources
The Website and Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

11. Warranty Disclaimers
The Products may be unavailable from time to time for maintenance or other reasons. PharmaNutrics USA shall have no responsibility for any interruption, delay in operation or transmission, theft or destruction of, unauthorized access to, or alteration of, any content made available via the Site. All use of the Site and the Products is at your own risk. The Products and any Content and information presented on the Site or via the Products are provided on an “as is,” “as available” basis without warranties of any kind, whether express, implied or statutory, including, but not limited to, timeliness, accuracy, completeness, reliability, merchantability, fitness for a particular purpose, title, non-infringement or safety. PharmaNutrics USA makes no warranties or representations about the Site, Site Content or Products, or the content of any websites linked to the Site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, and (ii) any unauthorized access to or use of our secure servers and/or any and all personal information or financial information stored therein. PharmaNutrics USA does not warrant, endorse, guarantee or assume responsibility for any service or product advertised or offered by a third party through the Products or any hyperlinked website or other advertising, and PharmaNutrics USA will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services, other than as expressly provided herein.  

Without limiting the foregoing, neither PharmaNutrics USA nor its affiliates or licensors warrant that access to the Site, Site Content, and Products will be uninterrupted or that the Site, Site Content and Products will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the Products. Neither PharmaNutrics USA nor its licensors warrant that the Products are free from viruses, worms, trojan horses, or other harmful components. PharmaNutrics USA is not responsible for the conduct, whether online or offline, of you or any user.

Some jurisdictions do not allow the exclusion of implied warranties so some or all of the above exclusions may not apply to you.

12. Indemnity

You agree and will indemnify and hold harmless PharmaNutrics USA and its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the " PharmaNutrics USA Entities") from any damages, liabilities, claims or demands, including costs and legal fees, made by any third party arising out of or relating to (i) your access to or use of our Products, (ii) your violation of these Terms, (iii) any products or services purchased or obtained by you in connection with our Products, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. PharmaNutrics USA reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify an PharmaNutrics USA Entity and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of PharmaNutrics USA. PharmaNutrics USA will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. This defense and indemnification obligation will survive these Terms and your use of the Products.

13. Limitation of Liability
(a) Neither PharmaNutrics USA nor any other party involved in creating, producing, or delivering the Products, Services or Content will be liable for any incidental, special, exemplary or consequential damages, or damages for lost profits, lost revenues, lost savings, lost business opportunity, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services of any kind arising out of or in connection with these Terms or from the use of or inability to use the Services or Content, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not PharmaNutrics USA or any other party has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

(b) In no event will PharmaNutrics USA’s total liability arising out of or in connection with these Terms or from the use of or inability to use the Products, Services or Content exceed the amounts you have paid to PharmaNutrics USA for the purchase of the Products or use of the Services or Content, as applicable. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

(c) The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between PharmaNutrics USA and you. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

The Products are made available from PharmaNutrics USA’s facilities in the United States. PharmaNutrics USA makes no representations that the Products are appropriate or available for use in other locations. Those who access or use the Products from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Products if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found in or on the Products, including any marketing or promotional materials, are solely directed to individuals, companies, or other entities located in the United States.

14. Governing Law and Forum Choice
These Terms and any action related thereto will be governed by the FAA and the laws of the State of Illinois, without regard to its conflict of laws provisions. Except as otherwise expressly set forth herein, the exclusive jurisdiction for any action that you and PharmaNutrics USA are not required to arbitrate will be the Illinois state courts located in McHenry County, Illinois, and you and PharmaNutrics USA each waive any objection to jurisdiction and venue in such courts.

15. Dispute Resolution
Agreement To Contact PharmaNutrics USA With Any Disputes
For any dispute you have with PharmaNutrics USA, you agree to first contact us and attempt to resolve the dispute with us informally, and you agree provide a written description of the problem, relevant documents and supporting information.  

Agreement To Arbitrate Disputes
You agree to arbitrate all disputes you have with PharmaNutrics USA, on an individual basis, not on a class-wide or consolidated basis. This agreement to arbitrate is intended to be broadly interpreted. In arbitration, there’s no judge or jury. However, just as a court would, the arbitrator must honor the terms and limitations in the Terms and can award damages and relief, including any attorneys’ fees authorized by law. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction.

We each also agree as follows:
(1) If you want to initiate a claim to arbitrate a Dispute, you agree to send written notice to the other providing a description of the dispute, a description of previous efforts to resolve the dispute, all relevant documents and supporting information, and the proposed resolution. Notice to PharmaNutrics USA will be sent by U.S. Postal Service certified mail to: PharmaNutrics USA, P.O. Box 1660, Woodstock, IL 60098. We each agree to make attempts to resolve the dispute prior to filing a claim for arbitration. If we cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration, rather than in court. The FAA and federal arbitration law apply to these Terms of Use. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

(2) The FAA applies to this Agreement and arbitration provision. We each agree that the FAA’s provisions—not state law—govern all questions of whether a dispute is subject to arbitration.

(3) Unless we each agree otherwise, the Arbitration will be conducted by a single, neutral arbitrator and will take place in McHenry County, Illinois.

(4) The arbitration will be governed and conducted by (a) a neutral third-party arbitrator selected by each of us and based upon rules mutually agreed to by each of us or (b) the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include only such damages as are permitted to be awarded pursuant to these Terms. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts. Nothing in this paragraph will require or allow us or you to arbitrate on a class-wide or consolidated basis.

(5) We each agree that we will only pursue arbitration on an individual basis and will not pursue arbitration on a class-wide or consolidated basis. We each agree that any arbitration will be solely between you and PharmaNutrics USA (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the dispute must be brought in court.

(6) We each are responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to arbitration. 

Exceptions To Our Agreement To Arbitrate Disputes
Either of us may bring qualifying claims in small claims court. In addition, this arbitration provision does not prevent you from bringing your dispute to the attention of any federal, state, or local government agency that can, if the law allows, seek relief against us on your behalf.

No Class Actions

To the extent allowed by law, we each waive any right to pursue disputes on a classwide basis; that is, to either join a claim with the claim of any other person or entity or assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration, or other proceeding.

No Trial By Jury

To the extent allowed by law, we each waive any right to trial by jury in any lawsuit, arbitration, or other proceeding.

16. General Terms
(a) Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between PharmaNutrics USA and you regarding the Products, Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between PharmaNutrics USA and you regarding the Services and Content. With the exception of the Class Action Waiver, if any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. 

(b) Assignment
The rights granted to you under these Terms are not assignable or transferable, in whole or in part. Any attempt to transfer these Terms without the written consent of PharmaNutrics USA shall be void and of no force and effect. PharmaNutrics USA may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. 

(c) Waiver of Rights
We reserve all rights permitted to us under these Terms as well as under the provisions of any applicable law. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, PharmaNutrics USA’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. 

(d) Remedies
Unless stated otherwise, all remedies provided for in these Terms shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.

(e) Compliance with laws
You shall comply with all applicable laws.

(f) Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, accident, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

17. Contact Information
If you have any questions about these Terms, the Products or the Services, please contact PharmaNutrics USA at

Email: inspired@pharmanutrics.com

Mailing address: 
PharmaNutrics USA 
P.O. Box 1660
Woodstock, IL 60098