WEB SITE TERMS OF USE AGREEMENT
This WebSite (the “Site”) is operated by Compatible Nutraceuticals, Inc. (referred to herein as “Compatible Nutraceuticals, Inc.”, “we”, “us” and “our”). Your use of this Site is the subject to the following terms and conditions.
CONSENT:
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE OR OTHERWISE ACCESS THIS SITE.
This Terms of Use Agreement is the legal binding contract between Compatible Nutraceuticals, Inc. Inc. and its registered brand(s) and each user (“you” or “user”), and governs the use of this Site. Please read this agreement carefully before using this Site, as we want to make sure we’re all in understanding.
Although we include a lot of information and want to improve your life experience through its use, the information on this Site is for your informational purposes only and is not intended as a substitute for advice from your healthcare practitioner or any information contained on or in any product label or packaging. Please don’t use the information on this Site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment, as you should always speak with your healthcare practitioner before taking any dietary supplement, before starting any diet or exercise program, or before adopting any treatment for a health problem.
THESE STATEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. COMPATIBLE NUTRACEUTICALS, INC. PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.
MODIFICATIONS:
We reserve the right to modify or otherwise update these Terms of Use at any time and you agree to be bound by such modifications, updates and revisions. You should visit this page from time to time to review the current terms. We may change the Site or delete Content or features of this Site at any time, in any way, for any or no reason at our discretion.
COPYRIGHT:
All content on this Site, including our design, text, graphics, sound, software and other content, and the selection and arrangement thereof, is the property of us, or of the registered brand(s) of Compatible Nutraceuticals, Inc. and is protected by United States and international copyright law. All rights to such materials are reserved to their respective copyright owners. Permission is granted to electronically copy and to print in hard copy portions of this Site for the sole purpose of placing an order with Compatible Nutraceuticals, Inc. or using this Site as a shopping vehicle. Permission is also granted to use documents (such as white papers, news releases, charts, datasheets and FAQs) from this web Site, provided that: (A) this notice appears in all copies and that, in particular, both the copyright notice and this permission notice appear, (B) use of such documents from this Site is for informational, media and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in commercial media, and (C) no modifications of any documents are made. That doesn’t seem like too much to ask, right?
Any other use of materials on this Site, including reproduction for purposes other than noted above, modification, distribution, replication, commercial, or other exploitation, or creation of derivative works, without the prior written permission of us is expressly prohibited, and may result in quite intense civil and criminal penalties. We’re not a legally-focused group of people, but we will prosecute if you don’t follow these guidelines.
CLAIM OR COPYRIGHT INFRINGEMENT:
We respect the intellectual property rights of others. If you believe that your copyrighted property has been copied in any way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent the information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. To be effective, the notification must be a written communication that includes the following:
• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Site;
• Your physical address, telephone number and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or by the law; and
• A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
• Your physical notarized signature on a statement.
We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to our copyright agent that includes the information below. To be effective, the counter-notification must be a written communication that contains the following:
• Your physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
• A statement from you, under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
• Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal Court for the judicial district in which your physical address is located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Our Copyright Agent for notice of claims of copyright infringement on this Site can be reached as follows:
www.copyright@lucidvitamins.com Or:
Compatible Nutraceuticals, Inc.
2340 Powell Street, Ste 358,
Emeryville, CA 94608
Once submitted, your information will be evaluated by our legal representative, and if the discoveries are confirmed, the infringing posting(s) will be removed.
TRADEMARKS:
Compatible Nutraceuticals, Inc. and its registered brand(s) and all logos, page headers, custom graphics and icons are service marks and/or trademarks of Compatible Nutraceuticals, Inc. and its registered brand(s). All other trademarks, service marks, product names and company names or logos that appear on this Site are the property of their respective owners. The trade name(s) of Compatible Nutraceuticals, Inc. product(s) referenced herein, whether or not appearing in bold characters or with the trademark symbol ®, are trademarks of Compatible Nutraceuticals, Inc. The names of actual products or product lines mentioned herein may be the trademarks of their respective owners. The use of these trademarks, of the company name Compatible Nutraceuticals, Inc. or its registered brand(s) Site or any other Site owned, operated, licensed or controlled by Compatible Nutraceuticals, Inc. and the company logo, trademark, trade dress, graphic, sound, image, design or layout from Compatible Nutraceuticals, Inc. Site may NOT be copied or imitated in whole or in part, or retransmitted unless expressly permitted by Compatible Nutraceuticals, Inc., who is the rightful owner of these rights. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any aspect of the Site. Nothing on this Site should be construed as granting, by implication, estoppels or otherwise, any license or right to use any Trademark displayed on the Site. Our Trademarks and those of our licensors may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.
USE OF SITE & CONTENT:
We reserve the right to refuse services, and/or cancel orders at our discretion if we believe that user conduct violates applicable laws or is harmful to our interests.
REVIEW OF MATERIALS POSTED ON OR SUBMITTED TO SITE:
We and our registered brand(s) and affiliates are not responsible for monitoring, screening, policing or editing the information or materials posted on, submitted to, or transmitted through the Site(s). However, we reserve the right to delete, block and remove any information or materials that we deem to be unlawful, infringing, defamatory, libelous, abusive, threatening, obscene, offensive, fraudulent, deceptive, inappropriate or otherwise unacceptable to us and our registered brand(s). If notified of any such information or materials on the Site, Compatible Nutraceuticals, Inc. may determine at its sole discretion whether to remove such content from the Site. Please use good taste and manners when using this Site and interacting with other customers on the forum. We truly just want to create a space where people can communicate and share experiences, and we hope that you’ll work with us on this.
LINKING:
Links to third party Sites may be provided on this Site. If so, they are provided solely as a convenience to you. If you use such links, you will leave this Site. We have not reviewed all such third party Sites (if any) and do not control and are not responsible for any of these Sites and their content. We do not endorse or make any representations about such Sites or any information or materials found there, or any results that may be obtained from using them. If you access any third party Sites linked from this Site, you do so at your own risk.
Unless otherwise permitted in writing signed by an authorized representative of Compatible Nutraceuticals, Inc. a Site that links to this Site:
• Shall not imply, either directly or indirectly, that Compatible Nutraceuticals, Inc. is endorsing its products;
• Shall not use any of our Trademarks or the Trademarks of our licensors;
• Shall not contain content or material that could be construed as offensive, controversial or distasteful and should only contain content that is appropriate for all age groups;
• Shall not disparage us or our products in any way or otherwise negatively affect or harm our reputation and goodwill;
• Shall not present false or misleading information about us;
• Shall not misrepresent any relationship with us;
• Shall not replicate in any manner any content in the Site; and
• Shall not create a browser or border environment around Site material.
USER SUBMISSIONS:
For purposes of these Terms of Use, the word “Submissions” means text, messages, ideas, concepts, suggestions, artwork, photographs, drawings, videos, audiovisual works, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute on or through this Site.
Any suggestions, ideas, comments or other similar submissions by users shall be deemed the sole property of Compatible Nutraceuticals, Inc. and its registered brand(s), which shall not be liable for any use or disclosure, including without limitation use for commercial purposes, of such submissions. You agree to grant us and our registered brand(s) a worldwide, royalty-free, perpetual license, with the right to reproduce, transmit, distribute, publicly display, publicly perform, create derivative works of and sublicense any materials or other information contained in such submissions. You hereby waive any claim, cause of action or other recourse that you might have against Compatible Nutraceuticals, Inc. or its registered brand(s) for any alleged or actual infringement or misappropriation of any intellectual property or other right in any such submissions. You agree that you shall not post or transmit to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under the law.
REMOVAL OF SUBMISSIONS:
.We reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from the Site that violates these Terms of Use and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms of Use and/or protect the safety or security of any person or property, including the Site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.
INTERNATIONAL:
The Site is intended for viewing and use in the United States. If this Site is viewed internationally, you are responsible for compliance with applicable local laws. We do not intend to provide our products or services outside the United States
ACCOUNTS:
Some services on this Site permit or require you to create an account to participate in or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify us of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to this Site.
We may suspend or terminate your account and your ability to use the Site or any portion thereof for failure to comply with these Terms of Use or any special items related to a particular service, for infringing copyright, or for any other reason whatsoever.
PUBLIC FORUMS AND COMMUNICATION:
“Public Forum” means an area or feature offered as part of this Site that offers the opportunity for users to distribute Submissions for viewing by one or more Site users, including, but not limited to, a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, or e-mail function.
You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
You are and shall remain solely responsible for the Submissions you distribute on or through the Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting the same. We have no duty to monitor any Public Forum.
You should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. We are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.
We owe you NO obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to any Submissions that you make to the Site.
RULES OF CONDUCT:
The following Rules of Conduct apply to the Site. By using the Site, you agree that you will not upload, post, or otherwise distribute to the Site any Submission that:
• (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic, or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
• is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug use, harassment, theft, or conspiracy to commit any criminal activity;
• infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
• is commercial, business related or advertises or offers to sell any products services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
• contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Site; or
• (a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including “flaming”, “spamming”, “flooding”, “trolling”, and “griefing”, as those terms are commonly understood and used on the Internet.
We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
PRIVACY:
Compatible Nutraceuticals, Inc. respects your privacy and the privacy of other visitors to the Site. To learn about our privacy practices and policies, please see our Privacy Policy. Additionally, by using this Site, you acknowledge and agree that Internet transmissions may never completely private or secure. You understand that even though Compatible Nutraceuticals, Inc. takes every precaution and utilizes SSL technology, any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
USAGE BY MINORS & CHILD PROTECTION:
Compatible Nutraceuticals, Inc. is committed to the safety of our children.
Because of the nature of the World Wide Web, Compatible Nutraceuticals, Inc. cannot prohibit minors from visiting this Site. We believe it is important to provide added protection for children online. We encourage parents and guardians to spend time online with their children to participate in and monitor their online activity. Compatible Nutraceuticals, Inc. must rely on parents, guardians and those responsible for supervising children and teenagers to decide which materials are appropriate for such children and teenagers to view and/or purchase. Compatible Nutraceuticals, Inc. requires that (a) all purchases on the Site be made by adults 18 years of age or older, and (b) all users who provide personal information to Compatible Nutraceuticals, Inc. be 18 years of age or older, or, if under 18, that such information be accompanied by verifiable parental consent.
Compatible Nutraceuticals, Inc. does not knowingly collect any personally identifiable information from children under the age of 18. If a parent or guardian believes that Compatible Nutraceuticals, Inc. has in its database the personally identifiable information of a child under the age of 18, please contact us privacy@lucidvitamins.com and we will make our best effort to remove the information from our records. We respect the privacy of our users. We reserve the right to monitor the Site and to disclose any information recorded or posted on, submitted to or transmitted through the Site to the extent Compatible Nutraceuticals, Inc. at its sole discretion, deems such disclosure necessary or appropriate (a) to comply with any law, regulation, subpoena or government request, (b) to operate the Site, or (c) to protect the rights or property of Compatible Nutraceuticals, Inc. or its affiliates.
DISCLAIMER OF WARRANTIES:
“WE” THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LISENSORS, SUPPLIERS, AND CONTENT PROVIDERSAND THE LIKE (TOGETHER, “AFFILIATES”) STATE THAT ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE,UNINTERRUPTED, ERROR-FREE, RELIABLE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, CONTAMINATED CODE OR CORRUPTED DATA. THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRSENTAITONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). WE MAY IMPROVE OR CHANGE THE PRODUCTS AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME WITHOUT NOTICE. WE ASSUME NO RESPONSIBILITY FOR AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OMISSIONS IN THIS SITE OR IN OTHER DOCUMENTS WHICH ARE REFERRED TO WITHIN OR LINKED TO THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The information provided on this Site or any other Sites owned by Compatible Nutraceuticals, Inc. and linked Sites, including without limitation information relating to medical and health conditions, products and treatments, is often provided in summary or aggregate form, as we’re trying to provide influence and inspiration in your healing process. This work is not intended as a substitute for advice from your physician or other healthcare professional, or for any information contained on or in any product label or packaging. Before buying or using any products, information or services provided on or through this Site, including without limitation any products, information or services provided on any linked Site, you should speak with a healthcare professional.
You should not use the information on this Site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should always speak with your physician or other healthcare professional and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging before taking any medication or nutritional, herbal or homeopathic supplement; before starting any diet or exercise program; or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to that or any other product(s).
Unless otherwise indicated on this Site(s), Compatible Nutraceuticals, Inc. and its registered brand(s) do not endorse or recommend any product or service offered, advertised or sold on or through this Site, including without limitation any product or service offered, advertised or sold on or through any linked Site. Compatible Nutraceuticals, Inc. is not responsible for any product or service sold on or through this or any other owned Site or any claims of quality or performance made on or through this or other Compatible Nutraceuticals, Inc. Site(s), including any claims of quality or performance made on or through any linked Site. You are advised that other Sites on the Internet, including without limitation linked Sites and Sites that link to this Site, may contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading, or deceptive; or that is defamatory, libelous, infringing of others’ rights, or otherwise unlawful. Compatible Nutraceuticals, Inc. expressly disclaims any responsibility for the content, legality, decency, or accuracy of any information, and for any products and services, that appear on any linked Site or any Site that links to this Site. Price and availability information on this Site is subject to change without notice. Compatible Nutraceuticals, Inc. is not responsible for price fluctuations on our affiliates’ webSites that have not been updated.
LIMITATION OF LIABILITIES:
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THIS SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100.00 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. YOU FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS COMPAIBLE NUTRACEUTICALS, INC. AND ITS AFFILIATES AGAINST ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING ANY REASONABLE ATTORNEY’S FEES, RESULTING OR ARISING FROM OR RELATING TO YOUR USE OF OR CONDUCT ON THIS SITE, ANY ACTIVITY RELATED TO YOUR ACCOUNT BY YOU OR ANY OTHER PERSON(S), ANY MATERIAL THAT YOU SUBMIT TO, POST ON OR TRANSMIT THROUGH THE SITE, YOUR VIOLATION OF THISE TERMS OF USE, YOUR INFRINGEMENT OR VIOLATION OF ANY RIGHTS OF ANOTHER, OR TERMINATION OF YOUR ACCESS TO THIS SITE. ALL PRODUCTS AND SERVICES OFFERED ON OR THROUGH THIS SITE ARE SUBJECT TO ANY APPLICABLE TARIFFS AND TAXES AND ANY ACCOMPANYING TERMS, FEES, CHARGES AND CONDITIONS.
WE MAY TERMINATE YOUR FURTHER ACCESS TO THE SITE OR CHANGE THE SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
GOVERNING LAW, JURISDICTION AND VENUE:
This Site is created and controlled by us in the State of California. The laws of the State of California govern these Terms of Use, without giving effect to any principles of conflicts of laws. You agree that any action at law or in equity arising out of or relating to these Terms of Use or the Site shall be filed, and that venue properly lies, only in the State or Federal courts located in Alameda County, State of California, and you hereby consent and submit to the personal jurisdiction in the State of California and further agree that any cause of action arising from or related to the use of this Site or this agreement shall be brought exclusively in a court of California for the purposes of litigating any such action(s).
GENERAL PROVISIONS:
We make no representations that the Content on the Site is appropriate or available for use in any particular location. Those who choose to access the Site do so based on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
<>If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
Supply of goods, services and software through the Site is subject to United States export control and economic sanctions requirements. By acquiring any such items through the Site, 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 Site if: (a) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria, etc; or if you are on the U.S. Office of Foreign Assets Control (OFAC) list or U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List or Entity List, or (b) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List or on any other sanctions or trade restrictions list(s) determined by United States of America.
SEVERABILITY & INTERPRETATION:
If any provision of this agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this agreement, the term “including” shall be deemed to be followed by the words “without limitation”.
TERMINATION OF USAGE:
While using our Site, you agree to maintain the security of your account on the Site(s), including the security of your password and other confidential information relating to the use of the Site(s) and your account on the Site(s). You agree to be responsible for all charges resulting from the use of your account on the Site(s), including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying us. We will do our best to support you in every way that we can as a user and customer of Compatible Nutraceuticals, Inc.
You agree to use this Site(s) only for lawful purposes and that you are responsible for your use of and communications on the Site(s). You agree not to post on or transmit through this Site(s) any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including without limitation any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Site(s) in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Site. You agree not to reproduce, modify, distribute, replicate, commercially exploit or create derivative works of any portion of the Site or material thereon. You further agree that you will not access the Site or seek access by any means except through the interface provided by Compatible Nutraceuticals, Inc. for access to the Site. You agree that you will not access this Site(s) from any territory where its contents are illegal, and that you, and not Compatible Nutraceuticals, Inc. and its affiliates, are responsible for compliance with applicable local laws.
You agree that Compatible Nutraceuticals, Inc. may terminate or suspend your access to all or part of this Site(s), without notice, for any conduct that Compatible Nutraceuticals, Inc. , at its sole discretion, believes is in violation of this Terms of Use Agreement or any applicable law(s) or is harmful to the interests of another user, Compatible Nutraceuticals, Inc. or its affiliates.
DSHEA:
COMPATIBLE NUTRACEUTICALS INC. is a business that markets and sells nutraceutical products, also referred to as – supplements. Unless specifically otherwise noted, all of the information on this web site pertains only to our products, not to any drug product. We at COMPATIBLE NUTRACEUTICALS INC., do not market or sell our dietary supplements for the purpose of preventing, curing, treating, diagnosing or giving relief from (i.e. mitigating) any specific disease or a specific class of diseases; the law applicable to dietary supplements, the Dietary Supplement Health and Education Act of 1994, commonly referred to as DSHEA, does not permit us to do so and it is not our intention to do so.
COMPATIBLE NUTRACEUTICALS INC, DOES NOT PROVIDE MEDICAL ADVICE:
The information contained in this Site, or provided at your request, is provided for informational purposes only. COMPATIBLE NUTRACEUTICALS INC. AND ITS’ BRAND(S), does not recommend any particular form of medical treatment or that persons manage their own health problems without the advice of a licensed health care practitioner. Information found or received through this Site should not be used in place of a visit with, call to, consultation or advice from a health care provider. If you suspect you have a medical problem, or should you have any health care related questions, please promptly call or see your health care practitioner.
ENTIRE AGREEMENT & AMENDMENTS:
This agreement constitutes the entire and only agreement between Compatible Nutraceuticals, Inc. , its brand(s) and its affiliates, and each user of this Site(s) with respect to the subject matter of this agreement and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this agreement. You agree to review this agreement prior to your use of this Site and your use of this Site shall be deemed acceptance of and assent to this agreement by you. Compatible Nutraceuticals, Inc. may, at its sole discretion, amend this agreement from time to time.
MISCELLANEOUS:
The failure of Compatible Nutraceuticals, Inc. or its affiliates to insist upon strict adherence to any term of this agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of this agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this Site or this agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The “No Warranty Disclaimer” and “Limitation of Liability” provisions of this agreement are for the benefit of Compatible Nutraceuticals, Inc., its brand(s) and its affiliates as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
CONTACTING US:
You may contact us regarding these Terms of Use or the Site by any of the following methods:
By Mail:
Compatible Nutraceuticals, Inc.
Attn: Privacy
2340 Powell Street,
Suite 358
Emeryville, California 94608
By Email: privacy@lucidvitamins.com
By Telephone: (877) 775-8243
EFFECTIVE DATE:
These Terms of Use are effective as of May 17, 2014, and shall remain in effect until modified and/or updated as provided.
