User Agreement

Body

It is your right to educate yourself on how to support your own well-being, to seek helpful information and use it for your own benefit, and for that of your family. You are responsible for your own health and wellbeing.

When making informed decisions for health matters, education is essential to the process. The information provided on this website is intended for your general knowledge only and should not be considered substitute for professional medical advice or treatment for specific medical conditions. Always seek the advice of your physician or other qualified healthcare provider with questions regarding any medical condition. The statements and products on this website have not been reviewed or approved by the FDA, and are not intended to diagnose, treat, cure or prevent any disease. Never disregard medical advice or delay seeking it due to anything you have read on this website.

The following describes the terms on which Price-Pottenger provides access to our website:

Website User Agreement

This Agreement describes the terms and conditions applicable to your use and/or purchase of our goods and/or services offered under the url and sub-urls of www.price-pottenger.org. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our website, goods and/or services.

You must read, agree with, and accept all of the terms and conditions contained in this User Agreement, which include those terms and conditions expressly set out below and those incorporated by reference, before you may purchase through or use the Price-Pottenger website.

This User Agreement (“Agreement”) constitutes the entire agreement of the parties. This agreement is entered into by the customer (hereinafter “Customer”) and Price-Pottenger.

We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site. This Agreement may not be otherwise amended except in a writing signed by you and Price-Pottenger. This Agreement is effective on 10/14/16 for all new users.

1. USE Eligibility

Our goods and/or services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our goods and/or services are not available to minors. If you are a minor, you may use this website only in conjunction with parental or guardian permission. If you do not qualify, please do not use our website, goods or services. If you are registering as a company, you represent that you have the authority to bind the company to this Agreement.

2. Payment

Customer agrees to compensate Price-Pottenger for any goods or services ordered through this website at listed retail price.

3. No Warranty

We, our subsidiaries, employees and our manufactures provide our website, goods and services “as is” and without any warranty or condition, express, implied or statutory. We, our subsidiaries, employees and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

4. Liability Limit

In no event shall we, our subsidiaries, employees, contractors or our manufacturers be liable for lost profits or any special, incidental, consequential or multiplied damages arising out of or in connection with our site, our services or this agreement (however arising, including negligence), including loss of profits, loss of use or other economic damages, even if advised of the possibility of such damages. this limitation of Price-Pottenger’s liability will apply regardless of the form of action, whether in contract, tort or by statute (including, but not limited to, the California deceptive trade practices act and all other consumer protection statutes). our liability, and the liability of our subsidiaries, employees, contractors and suppliers, to you or any third parties, in any circumstance, is limited to the greater of (a) the amount of the purchase, and (b) $100. customer acknowledges that this limitation of liability is part of the consideration of this agreement, and was specifically included by Price-Pottenger. In the calculation and establishment of the prices paid by customer, which, but for this limitation, would have been much higher.

5. Indemnification

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. Customer shall also indemnify and pay to Price-Pottenger, as well as hold Price-Pottenger harmless against any and all losses, claims, demands, liabilities, attorneys’ fees or any other expenses whatsoever which Price-Pottenger may at any time sustain, incur, or be put to by reason of, or in connection with, its performance under this agreement, including, but not limited to, those arising from Price-Pottenger’s sole or comparative negligence.

6. Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our website, goods and/or services.

7. Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to Price-Pottenger:

Attn: Legal Department, 7890 Broadway, Lemon Grove, CA 91945. Notice shall be deemed given three days after the date of mailing.

8. Arbitration

Any legal controversy or legal claim arising out of or relating to this Agreement or our goods and/or services, excluding legal action taken by Price-Pottenger to collect our fees and/or recover damages for, or to obtain an injunction relating to, the Price-Pottenger website operations and intellectual property, shall be settled by binding arbitration in accordance with the Commercial Arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Diego, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Price-Pottenger may seek any interim or preliminary relief from a court of competent jurisdiction in San Diego, California necessary to protect the rights or property of Price-Pottenger, pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00.

9. Intellectual Property

Both parties agree that Price-Pottenger is the sole owner of its website and all its contents, and that said website and contents constitute valuable intellectual property. Customer agrees not to use Price-Pottenger’s website nor its contents for any use, other than informational purposes intended by Price-Pottenger or to purchase goods and/or services. Customer agrees not to make any copy or colorable imitation of Price-Pottenger website for any purpose whatsoever.

Customer agrees that in the event of a breach or threatened breach by Customer of the terms and conditions of this paragraph, Customer agrees that Price-Pottenger shall be entitled to a Temporary Restraining Order and/or a Permanent Injunction restraining Customer from breaching or attempting to breach, in whole or in part, any confidentiality, or intellectual property covenant set forth above. Price-Pottenger may pursue such injunctive remedies in addition to any other legal remedy. Nothing herein shall be construed as prohibiting Price-Pottenger from pursuing any other remedies available to Price-Pottenger for such breach or threatened breach, including the recovery of damages from Customer. Any indulgence by Price-Pottenger under this Section shall not be construed to be a waiver of any of its rights hereunder.

Customer may share content from Price-Pottenger with friends and family, however unauthorized use of any content without express permission constitutes an infringement of intellectual property and is considered a violation of the User Agreement. If intellectual property is determined to be used inappropriately or without express permission, we may take any action deemed necessary to resolve or prevent violation.

10. Products and content

All products, product information, and content available on this website is subject to change at any time without notice. Price-Pottenger attempts to ensure accurate display of product information including labels, images, colors and packaging. Actual appearance of products is dependent upon equipment and devices used to access this website. Product images appearing on the website may not be identical to the product you receive due to design revisions and/or color variations.

Price-Pottenger makes every reasonable effort to establish that content available on this website is complete, accurate, and current. Despite our efforts, information offered on this website may occasionally be incomplete, inaccurate, or out-of-date.

Price-Pottenger makes no guarantee as to how complete, accurate, or current any information is on this website. In some instances, products offered on this website may be unavailable, may have different characteristics than those described, or may be priced differently than what is listed on this website.

At any time, Price-Pottenger may make changes to its website design, functionality and/or content, may provide or recommend links to non-affiliated sites. Price-Pottenger neither endorses nor will be held responsible for the content or claims of any of those sites.

11. Miscellaneous

* This Agreement contains the entire agreement of the parties. This written agreement supersedes any and all oral negotiations and/or representations of the parties hereto made in relation to this transaction. This agreement neither confers nor creates any rights or responsibilities not specifically enumerated herein.

* This Agreement may be modified only by written attachment agreed to and executed by all of the parties hereto.

* This Agreement shall be subject to and governed by the laws of the State of California, with the exception of its conflict of laws provisions.

* Any waiver or forbearance by Price-Pottenger of any breach (by Customer) of any provision of this Agreement shall not be construed as a waiver of any subsequent breach by Customer.

* This Agreement shall be binding upon the parties and their executors, administrators, successors and assigns.

* If any provision of this Agreement is held illegal, invalid or unenforceable, such illegality, invalidity, or unenforceability will not affect any other provision hereof. Such provision and the remainder of this Agreement and Schedules shall, in such circumstances, be deemed modified to the extent necessary to render the remaining provisions enforceable.

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