Last Updated: April 7, 2021
You acknowledge that these Terms are supported by reasonable and valuable consideration including your use of the Services and receipt of data, materials and information available at or through the Services, the possibility of PPUSA use or display of User Submissions (as defined below) and the possibility of the publicity and promotion from PPUSA use or display of User Submissions.
- Commercial Transactions
The Services allow you to purchase products or services. To purchase any products or services through the Services, you must: a) be at least eighteen years of age, b) provide PPUSA with valid payment information associated with a credit card or other payment method that you are authorized to use, and c) authorize PPUSA to charge your credit card or other payment method for the price of the products or services that you request, together with any taxes, fees, or shipping charges described on the Services.
In general, PPUSA accepts returns for a limited period of time following a purchase, and your sole remedy if you are dissatisfied with a product that you have purchased through the Services will be to return the unused portion of the product for a refund. After the return period has expired, all sales are final, and PPUSA will not accept returns or issue refunds. Please see PPUSA’s Return Policy (http://pharma-america.com/help-center/) for detailed rules that will apply to purchases from the Services.
In offering product descriptions on the Services, PPUSA attempt to be accurate, but PPUSA does not warrant that any product description is accurate, complete, or error-free, nor do PPUSA represent that any product will diagnose, treat, cure, or prevent any disease. If you receive a product and believe that it materially differs from the product description, your sole remedy will be to return the product to PPUSA for a refund in conformance with the return policy listed on the Services. Likewise, PPUSA attempts to list the current price for each product that PPUSA sells, but a small number of products may be mispriced. In these cases, PPUSA will notify you before shipping the product of the corrected price and will either cancel your order, let you cancel your order, or let you decide to keep your order.
- Your License to Access and Use the Services and Ownership
The content, information, software, designs, materials, functions, and data included in and contained on the Services (the “Content”) are protected by intellectual property and other laws. You must comply with these and any other applicable laws when you use the Services.
You may access and use the Services only for personal, non-commercial use, or in connection with your authorized purchase or sale of PPUSA products. In connection with these uses, PPUSA grants you a limited, non-exclusive, revocable, non-assignable, personal and non-transferable license to: access, copy, download, display, view, use, play and/or print one (1) copy of the Content made available on the Services on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, an “Internet Device”), provided that you: a) keep intact all copyright and other proprietary notices, b) make no modifications to the Content, and c) do not use the Content in a manner that suggests an association with any of PPUSA products, services or brands. Any business use, “re-mailing” or high-volume or automated use of Services is prohibited.
PPUSA reserve all rights in the Content and the Services that PPUSA does not specifically grant in these Terms.
- 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 Services or any Content unless you obtain PPUSA prior written approval. You also may not use the Services in a way that could harm PPUSA or any third party. For example, you may not use the Services in a way that could:
- damage or interfere with the proper working of the Services;
- intercept any Content or information that PPUSA has not intentionally made available to you or defeat any access controls that PPUSA has implemented;
- give you access to the Services or Content using any interface other than the interface that PPUSA provides, or attempt to “scrape” or “harvest” Content, except if you use a “robot” program in connection with a bona fide internet search engine and PPUSA does not instruct you not to access the Services using that program;
- frame the Services, display any Content in connection with an unauthorized logo or mark, or do anything that could suggest falsely a relationship between PPUSA and any other party;
- convey unauthorized claims about the curative or health enhancing effects of PPUSA products or suggest that PPUSA has made such claims;
- otherwise adversely impact the operation of the Services, PPUSA, or any third party;
- violate applicable local, state, federal, and international laws or regulations;
- transmit, or facilitate the sending of, any advertising or promotional material without PPUSA’s prior written consent, including any “junk mail,” or any other similar solicitation; or
- engage in any other conduct that limits or interferes with anyone’s use or enjoyment of the Services.
In addition to PPUSA other legal rights, PPUSA may limit or terminate your license to use the Services, or certain features of the Services, at any time and for any reason, without prior notice to you including PPUSA belief you violated these Terms.
- Registration and Access Restrictions
You may be required to register for an account with PPUSA in order to use certain features of the Services. If you elect to take advantage of such features, you must register through the Services by completing the applicable registration form to create your account with a unique username and password. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Content or participate in certain features of the Services. You agree to: a) provide true, accurate, current and complete information about yourself when PPUSA requests it; b) maintain and promptly update this information to keep it true, accurate, current and complete to the extent the Services permit such updates; (c) use limited-access portions of the Services only using access credentials that PPUSA has issued to you; and (d) exit your account at the end of each session in which you have logged-in to the Services.
You must maintain the confidentiality of any access credentials that PPUSA issues to you and may not share them with any other person. You must notify PPUSA immediately of any unauthorized use of your credentials or any other breach of security. Even if you notify PPUSA, you will be responsible for any activities that occur using your access credentials, including any charges resulting from the use of your account.
- No Professional Advice or Medical Information
Please consult with your physician or other healthcare provider if you have health-related questions before using any of PPUSA products or relying on any information you obtain on the Services. You should discuss any medications or nutritional supplements you are using with a healthcare provider before using any new medications or supplements.
PPUSA products are not intended to diagnose, treat, cure or prevent any disease and the Services do not provide medical advice, diagnosis, or treatment. The information included on the Services is offered for informational purposes only and the statements on the Services regarding PPUSA’s products have not been evaluated by the Food and Drug Administration.
Some portions of the Services may allow you to submit questions either to PPUSA or to third parties who have agreed to communicate with PPUSA users. Although PPUSA provides information about PPUSA products through the Services, neither PPUSA’s employees nor these third parties are authorized to provide medical or other professional advice through the Services. PPUSA also has not confirmed the qualifications of any third party who provides information through the Services, even if that third party lists his or her qualifications. As a result, you should never use the information you obtain via the Services for diagnosis or treatment of any health problem or in place of any medication or other treatment prescribed by a physician or other healthcare provider.
- User Submissions
The Services may allow you to submit, embed, display, transmit, or otherwise distribute audio, video, text, or other materials (collectively, “User Submissions”) to or through the Services. When you provide User Submissions, you grant to PPUSA a non-exclusive, royalty-free, fully paid, perpetual, worldwide, irrevocable and fully sublicensable and transferable (in whole or in part) license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to: (i) use, reproduce, transmit, modify, index, adapt, publish, translate, create derivative works from, distribute, display and otherwise exploit such content throughout the world in any media, whether now known or hereafter invented, including for any and all purposes, including commercial or marketing purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity, and (ii) to use your name, persona or likeness alone or in connection with such uses, without any obligation or remuneration to you. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Submissions and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Submissions for any purposes whatsoever, including developing, manufacturing, and marketing products and/or services. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section.
In your communications with PPUSA, please keep in mind that PPUSA does not accept or consider any unsolicited ideas or materials for products or services, or even improvements to products or services, such as ideas, concepts, inventions, books, etc. (collectively, “Unsolicited Ideas”). Any Unsolicited Ideas you post on or send to PPUSA via the Services are deemed User Submissions and licensed to PPUSA as set forth above. In addition, PPUSA retains all of the rights held by members of the general public with regard to your Unsolicited Ideas. PPUSA’s receipt of your Unsolicited Ideas is not an admission by PPUSA of their novelty, priority, or originality, and it does not impair PPUSA’s right to contest existing or future intellectual property rights relating to your Unsolicited. Notwithstanding any custom and practice to pay an individual for an idea (if any), nothing herein shall create an implied or express contract to compensate entrants for their Unsolicited Ideas and there is no obligation for PPUSA to pay or otherwise compensate you for any Unsolicited Ideas, whatsoever.
By providing User Submissions through the Services, you represent, warrant and covenant that you own those User Submissions or otherwise have the right to grant to PPUSA the rights described in this section. You further represent, warrant and covenant that those User Submissions:
- will be accurate and will comply with these Terms;
- will be your original work or you will have all necessary rights from third parties in order to post the User Submissions on PPUSA Services, without the need for any permission from or payment to any other person or entity to exploit, and to authorize PPUSA to exploit, such User Submissions in all manners contemplated by these Terms;
- will not cause injury to any person or entity, including as used by PPUSA in accordance with these Terms;
- will not be false, fraudulent, libelous, defamatory, sexually explicit, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable;
- will not constitute or encourage violence or a criminal offense, violate the rights of any party, including intellectual property rights, or otherwise give rise to liability or violate any law;
- will not impersonate any other person, user, or PPUSA, or may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or PPUSA;
- will not include other people’s personal information, such as another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual;
- will not contain software viruses, Trojan horses, spyware or any other technologies or malicious code that could impact the operation of the Services or any computer or device used to access the Internet or political campaigning, chain letters, mass mailings, or any form of “spam”;
- will not contain advertise or promote a product or service or include advertising or other commercial material, except with PPUSA prior written consent; and
- will not violate applicable local, state, federal, and international laws or regulations.
PPUSA may refuse or remove a User Submission without notice for any reason, including PPUSA belief that a User Submission may violate these Terms or be otherwise objectionable. However, PPUSA will have no obligation to review, monitor, display, post, store, maintain, accept, or otherwise make use of User Submissions. You agree that neither PPUSA nor PPUSA’s employees or agents will be liable for User Submissions or any loss or damage to you and any other person or entity resulting from User Submissions.
You are solely responsible for your interaction with other users of the Services, whether online or offline. You are and shall remain solely responsible for the User Submissions you distribute on or through any Services and for the consequences of submitting and posting same. You should be skeptical about information provided by others, and you acknowledge that the use of any User Submission is at your own risk. PPUSA is not responsible or liable for the conduct of any user or content of any User Submission. PPUSA does not endorse the opinions, advice or recommendations posted or sent by users in any User Submission, and PPUSA specifically disclaims any and all liability in connection therewith. PPUSA reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. You agree to exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities. If you discover any content that violates these Terms, then you may report it to: email@example.com.
PPUSA cannot and does not assure that other users are or will be complying with the foregoing or any other Terms, and, as between you and PPUSA, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
- Links to Third Party Sites
Coupons and promotional codes provided to you are for your individual use only. You may not transfer, reproduce, trade, offer for sale, publish, or otherwise share PPUSA coupons and promotional codes unless the terms of the coupon or promotional code expressly allow you to do so. PPUSA reserve the right to cancel orders when PPUSA has reason to believe that any coupon or promotional code is being used by someone other than the intended recipient, or in the case of suspected abuse, misuse or fraud. PPUSA reserve the right to terminate a coupon or promotional code offering at any time and/or set expiration dates for such offers at any time and in PPUSA sole discretion. Coupon codes and promotional codes are not valid on prior purchases.
- Electronic Communications
When you access or use the Services, send e-mails to PPUSA, or receive electronic communications from PPUSA, you are, and consent to, communicating with PPUSA electronically. PPUSA may communicate with you by e-mail or by posting notices through one or more of the Services. You agree that all notices, disclosures, agreements, policies, and other communications that PPUSA provides to you electronically satisfy any requirement that such communications be in writing.
- International Orders
By confirming your order for shipment outside the United States, you agree to the additional terms contained in this section.
Other than if a package is returned solely because of PPUSA’s error, you will be responsible for PPUSA’s shipping cost for the return and reshipment of the package (this includes returns due to an incorrect address, your refusal to accept delivery, inability to export the products from the United States, or inability to import the products into the destination country). If the cost to return the package to PPUSA exceeds the cost of the goods ordered, PPUSA may instruct the shipping agent to abandon the package, but even if PPUSA does so, you will remain responsible for payment.
Additionally, you are considered the importer of record for all shipments from PPUSA and must comply with all laws and regulations of the country of destination and all laws and regulations the United States imposed on exports to that country. You agree to pay any fees, fines, or other costs charged to PPUSA or to you in connection with any non-compliance with laws and regulations of the country of destination.
If PPUSA decide to allow return of an item that has been rejected because of import or other legal compliance issues, PPUSA will refund the purchase price of the merchandise, less any charges PPUSA incurred in connection with the shipment, such as quarantine fees, exam fees, demurrage charges, or warehousing fees assessed in the destination country or in the United States upon return of the goods, and less the shipping costs to return the package to PPUSA. Supply of goods, services and software through the Services is subject to United States export control and economic sanctions requirements. By acquiring any such items through the Services, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through the Services if: a) you are in, under the control of, a national of, or resident of any country subject to United States sanctions; b) you are on the Office of Foreign Assets Control Specially Designated Nationals List, Bureau of Industry and Security (“BIS”) Denied Persons List, BIS Unverified List, or BIS Entity List (collectively, the “Lists”); or c) you intend to supply the acquired goods, services or software to any country subject to United States sanctions (or a national or resident of one of these countries) or to a person on the Lists.
- Copyright Infringement Notice
PPUSA respect the intellectual property rights of others. If you believe that Content on the Services violates your copyright, please send PPUSA a notice as indicated below in “How To Contact PPUSA”.
Your notice must include:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit PPUSA to locate the material, which must include, if available, the exact URL where the claimed material is located and the exact location on the applicable page in the URL where the claimed material can be found;
- information reasonably sufficient to permit PPUSA to contact the complaining party, including but not limited to email addresses, mailing addresses and or phone numbers;
- 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
- 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.
Upon receipt of a notice of claimed infringement that satisfies these requirements (or any statement in conformance with 17 U.S.C. § 512(c)(3)), PPUSA will act expeditiously to remove or disable access to any Content that is claimed to be infringing upon the copyright of any person under the laws of the United States and will terminate the access privileges of those who repeatedly infringe on the copyrights of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
This contact information is only for notices of copyright infringement. Contact information for other matters is listed at the end of these Terms.
Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis. PPUSA reserve the right to restrict or terminate your access to the Services or any feature or part thereof at any time. PPUSA expressly disclaim all warranties of any kind, whether express or implied, including the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on the Services are non-infringing, as well as warranties implied from a course of performance or course of dealing; that access to the Services will be uninterrupted or error-free; that the Services will be secure; that the Services or the servers that makes the Services available will be virus-free or otherwise free of harmful components; or that information on the Services will be complete, accurate or timely. If you download any materials from the Services, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such materials. No advice or information, whether oral or written, obtained by you from PPUSA or through or from the Services will create any warranty of any kind. PPUSA does not make any warranties or representations regarding the use of the materials on the Services in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. PPUSA does not make any warranties or representations regarding the use of the materials through the Services in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
In certain states, the law may not permit the disclaimer of warranties, so the above disclaimer may not apply to you.
- Limitation of Liability
To the greatest extent permitted by applicable law, neither PPUSA, nor PPUSA’s 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: a) the Services (including any delay or inability to use the Services), b) any information, products or services advertised in or obtained through the Services, or c) PPUSA’s removal or deletion of any materials submitted or posted on the Services, whether based on contract, tort, strict liability or otherwise, even if PPUSA or any of PPUSA’s suppliers have been advised of the possibility of damages.
Your sole and exclusive remedy for any claims or disputes involving PPUSA that are not waived by these Terms will be to discontinue your use of the Services and to seek a refund of the money you paid to PPUSA, if any, during the three months preceding your initiation of the claim or dispute. (Such a refund, in any case, will be governed by the applicable refund policy and the terms of sale specified on the Services or in these Terms.)
You agree to indemnify, defend and hold harmless PPUSA 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 Services or PPUSA’s products or services or any violation or alleged violation by you of these Terms or applicable law. PPUSA reserve the right, at PPUSA’s 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 PPUSA in the defense of such matter. You may not settle any claim covered by this Section or admit any liability on the part of PPUSA without PPUSA’s prior written approval.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
You agree that these Terms and all claims or causes of action (whether in contract or tort) that may be based upon, arise out of, or relate to these Terms; the negotiation, execution, or performance of these Terms (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with these Terms or as an inducement to enter into these Terms); or to any products or services sold or distributed by PPUSA or through pacificnatures.com or pharma-america.com (a “Dispute”), is governed by the laws of the State of California without giving effect to any conflict of law rules or regulations.
You irrevocably agree to the exclusive jurisdiction of the state or federal courts located in San Bernardino County, California to resolve any Disputes and you shall not to raise any objection or defense based upon inconvenience of forum or similar concerns.
YOU AND PPUSA EACH WAIVE 1) THE RIGHT TO TRIAL BY JURY IN RESPECT OF ANY ACTION, SUIT OR PROCEEDING ARISING OUT OF THIS AGREEMENT AND 2) THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
The prevailing party in any dispute will be entitled to recover from the losing party its costs (including but not limited to reasonable costs of collection, attorneys’ fees and investigative fees).
- Applicable Law
PPUSA makes no representation that Content on any Services is appropriate or available for use in any particular location. You do so on your own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
- Changes to These Terms
PPUSA reserve the right, in PPUSA’s sole discretion, to change these Terms at any time by posting revised terms on the Services and/or by sending notice of revisions directly to users where feasible. It is your responsibility to check periodically for any changes PPUSA may make to these Terms. Your continued use of the Services following the posting of changes to these terms or other policies means you accept the changes.
These Terms constitute an agreement between you and PPUSA, which PPUSA may terminate in its sole discretion, in whole or in part, at any time and for any reason. If PPUSA terminates these Terms with you, you may no longer access the Services. Upon termination of these Terms and/or your access to the Services, you will immediately destroy any copies of any Content, whether in printed or software format. Otherwise, applicable portions of the Terms survive termination of these Terms, including applicable portions of the sections relating to No Professional Advice or Medical Information; User Submissions; Links to Third Party Websites; Electronic Communications; Disclaimers; Limitation of Liability; Indemnification; Jurisdiction and Venue; Termination; and Entire Agreement, Severability, No Waiver.
- Entire Agreement; Severability; No Waiver
In the event any provision these Terms is held to be void, illegal, unconscionable, or otherwise unenforceable (collectively, “Unenforceable”) by any court or other body of competent jurisdiction, you agree that a) an Unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable or, if such modification is not permitted by law, be discarded; a) an Unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be Unenforceable; and c) the remainder of these Terms will remain in effect as written, unless such modifying or disregarding of the Unenforceable provision would result in a failure of an essential purpose of these Terms in which case these Terms will be considered unenforceable.
No waiver of satisfaction of a condition or nonperformance of an obligation under these Terms will be effective unless it is in writing and signed by the party granting the waiver, and no such waiver will constitute a waiver of satisfaction of any other condition or nonperformance of any other obligation.
- How to Contact PPUSA
If you have any questions or comments about these Terms or the Services, please contact PPUSA by:
Mail: Pacific Pharmaceuticals USA Inc.
11380 7th Street
Rancho Cucamonga, CA 91730