Terms

1. Ownership and Licenses

The content, information, software, designs, images, materials, functions and data included in and contained on the Website (the “Content”) are the intellectual property of the Company. The Company hereby grants you a limited, non-exclusive, revocable, non-assignable, personal and non-transferable license to access, copy, download, display, view, and use the Website solely for the purpose of obtaining information about the Company and its products for a potential business transaction with the Company. Any trademarks displayed in the Website are the sole and exclusive property of the Company and may not be used, displayed or otherwise communicated to any third party in any way that would infringe, or conflict with, the Company’s trademark rights.

2. Prohibited Uses

Without limitation, you may not modify, distribute, transmit, perform, broadcast, publish, license, reverse engineer, transfer or sell, or create derivative works from, the Website or any Content unless you obtain our prior written approval. You also may not use the Website in a way that could harm the Company or any third party. Without limiting generality of this paragraph, you agree not to:

Damage or interfere with the proper working of the Website;
Intercept any Content or information that the Company has not intentionally made available to you or defeat any access controls that the Company has implemented;
Access the Website or Content using any interface other than the interface provided by the Company;
Use or display any Content in connection with an unauthorized logo or mark, or do anything that could suggest a false relationship between Company and any other party;
Convey unauthorized claims about the curative or health enhancing effects of the Company’s products or suggest that the Company has made such claims;
Use or access the Website or the Content in any way that violates any applicable local, state, federal, or international laws or regulations;
Transmit, or facilitate the sending of, any advertising or promotional material without the Company’s written consent, including “junk mail,” or other similar solicitation; or
Engage in any conduct that limits or interferes with anyone’s use or enjoyment of the Website. Without limiting the Company’s legal rights, the Company may limit or terminate your license to use the Website, or certain features of the Website, at any time and for any reason, without prior notice.

3. No Professional Advice or Medical Information

The Website does not provide medical advice, diagnosis or treatment, and the information included on the Website is offered for informational purposes only. The statements on the Website have not been evaluated by the Food and Drug Administration. The Company’s products are not intended to diagnose, treat, cure or prevent any disease.

4. Links to Third Party Sites and Electronic Services

The Website may contain links to third party sites and electronic services that are not operated by the Company. The Company does not endorse and has not evaluated the information of such third party sites or electronic services. Your interaction with the owners and operators of these third-party sites and electronic services is governed by their terms and conditions and privacy policies, if any. Accordingly, you are advised to review those documents before accessing or using such third-party sites or electronic services.

The Company is not responsible and makes no representations for the accuracy, relevance, or legality of any material regarding the Website that is retrieved in searches and/or listed in search results or identified on any search results pages.

5. Electronic Communications

When you access or use the Website, send e-mails to the Company, or receive electronic communications from the Company, you are, and consent to, communicating with the Company electronically. The Company may communicate with you by e-mail or by posting notices through the Website. You agree that all notices, disclosures, agreements, policies, and other communications that the Company provides to you electronically satisfy any requirement that such communications be in writing.

You acknowledge that emails and other forms of electronic communication are subject to security breaches and unauthorized access by third parties. In communicating with the Company by e-mail or other forms of electronic communication, you assume the risk that such communication may be subject to unauthorized access by third parties.

6 Disclaimers

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR PART THEREOF AT ANY TIME. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; NONINFRINGEMENT; ANY WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; THAT THE WEBSITE OR THE SERVERS THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE OR OTHERWISE FREE OF HARMFUL COMPONENTS; OR THAT INFORMATION ON THE WEBSITE WILL BE COMPLETE, ACCURATE OR TIMELY.

IF YOU DOWNLOAD ANY MATERIALS FROM THE WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR ACCESS OF ANY SUCH MATERIALS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY OF ANY KIND. THE COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE WEBSITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

7. Limited Liability Disclaimers

TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY, NOR ITS SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS, WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO: (1) THE WEBSITE (INCLUDING ANY DELAY OR INABILITY TO USE THE WEBSITE), (2) ANY INFORMATION, OR PRODUCTS OR SERVICES ADVERTISED ON THE WEBSITE, OR (3) THE COMPANY’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

8. Indemnification

You agree to indemnify, defend and hold harmless the Company and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorney’s fees and court costs, arising from or in connection with your use of the Website or any violation or alleged violation by you of these Terms or applicable law.

The Company reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with the Company in the defense of such matter. You may not settle any claim covered by this section or admit any liability on the part of the Company without the Company’s prior written approval.

9. Arbitration

Any dispute, claim, or controversy relating to these Terms, including its interpretation or interpretation or the legality of this section, or to your use of the Website, will be resolved by binding arbitration on an individual basis, except that each party retains the right to bring an individual action in small claims court or to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Any arbitration between you and the Company will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules in San Diego, California.

UNDER THIS AGREEMENT, YOU ARE PRECLUDED FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST THE COMPANY, AND PARTICIPATING IN, OR RECOVERING RELIEF UNDER, ANY CURRENT OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION BROUGHT AGAINST THE COMPANY BY A THIRD PARTY.

The laws of the State of California, and applicable federal laws, without regard to principles of conflict of laws, will govern these Terms and any dispute that might arise between you and the Company or its affiliates.

The Company reserves the right, in its sole discretion, to change these Terms at any time by posting their revisions on the Website.

10. Termination

These Terms constitute an agreement between you and the Company, which the Company may terminate in its sole discretion, in whole or in part, at any time and for any reason. If the Company terminates this agreement with you, you may no longer access the Website. Upon termination of this agreement, you will immediately destroy any copies of any Content, whether in printed or software format. Otherwise, applicable portions of the Terms shall survive termination of this agreement, including, without limitation, Sections 1, 5, 6, 7, 8, 9, and 11.

11. Merger and Waiver

These Terms, together with the Company’s privacy policy incorporated within them by reference and any policies that the Company’s posts on the Website, constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. If any provision of these terms is deemed unlawful, void or unenforceable, the remaining provisions will remain in place and the invalidated provision will be deemed replaced by an enforceable provision that most closely reflects the intent of the parties.

The Company’s failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of that right or provision or any other rights or provisions included within the Terms.

12.Forward-Looking Statements

The Website may contain forward-looking statements.

Such forward-looking statements are based on Company management’s beliefs and assumptions, and on information currently available to the Company’s management. All statements other than statements of historical facts are “forward-looking statements” for purposes of these provisions, including those relating to future events or the Company’s future sales or other financial performance.

Any forward-looking statements are only predictions and are based on information available to the Company’s management on the date made. The Company assumes no obligation to update any such forward-looking statements. Any or all of forward-looking statements herein could turn out to be wrong. Actual events or results may differ materially.

Any forward-looking statements herein can be affected by inaccurate assumptions the Company’s management might make, or by known or unknown risks, uncertainties, or other factors. The Company cautions you that the Company’s business and financial performance is subject to substantial risks and uncertainties.