Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, You agree to become bound by the terms and conditions of this agreement. If You do not agree to all the terms and conditions of this agreement, then You may not access the Website or use any services. If these terms and conditions are considered an offer by the Website, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “User”, “You” and “Your” refers to You, the person who logs on this website.
“The Company”, “Website”, “Ourselves”, “We”, “Our” and “Us” refers to the Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of the USA. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
Email Lists and Opt-ins
We often ask for users to submit an email address and we then add You to our various email lists (“Lists) and direct various emails to You. Any time You submit an email to Us, You shall assume that You will be added to our Lists and will receive emails from Us.
You may be auto-subscribed to one or more of our email lists (“Lists”) to include Daily Medical Discoveries and Ideal Male Labs, and such others as we from time to time add. All emails are sent in compliance with applicable law and You can click on an Unsubscribe link in any and either globally unsubscribe from all lists, or from certain lists that are enumerated when You click on the Unsubscribe link.
You understand that it may take 3 days for an Unsubscribe request to be processed, and that occasional errors may be made, and You expressly hold Website harmless in the event Website’s efforts to unsubscribe You are not as fast as You may like, or errors in the process are made and then remedied by Us.
Website may send other emails relating to transactions or the relationship between You and Websites (“Transactional Emails”), and You expressly acknowledge and understand that Website may send Transactional Emails, including without limitation receipts, password resets or notifications on purchased product updates, and these will be emailed even if You have unsubscribed from other Lists.
License to Use Website
Unless otherwise stated, Website and/or its licensors own the intellectual property rights for all material on Website. All intellectual property rights are reserved. You may access this from Website for Your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from Website
- Sell, rent or sub-license material from Website
- Reproduce, duplicate or copy material from Website
- Redistribute content from Website
This Agreement shall begin on the date hereof.
Parts of this website offer an opportunity for You to post and exchange opinions and information in certain areas of the website. Website does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Website, its agents and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Website shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Website reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Website a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of Your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Search engines;
- News organizations;
- Blogs that are human-built and human-curated with the intention of providing user content rather than for search engine optimization purposes;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses, except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Website; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If You are one of the organizations listed in paragraph 2 above under the Hyperlinking to our Content header and are interested in linking to our website, You must inform us by sending an email to Website. Please include Your name, Your organization name, contact information as well as the URL of Your site, a list of any URLs from which You intend to link to our Website and a list of the URLs on our site to which You would like to link. Put “Linky” into the subject line or else it will not reach us; we use that subject line word to automatically filter out spam emails so if Your email does not contain Linky it will not be seen.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Website’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, You may not create frames around our Web Pages that alter in any way the visual presentation or appearance of our Website.
Health related content
You acknowledge that any health related or medical content is provided on a “one to many” basis, is never to be construed as personal advice or medical advice and that Website content is to be used for research purposes and is not specific medical advice.
You agree not to adjust medications, stop medications, or consume new medications or medical services without seeking advice from a competent health professional.
Using information on this Website may result in injury or death for some people, so Users are on their own and must make their own decisions and promise never to hold Website liable for any injury, damage or death as a result of Website.
If You choose to use information from Website, You do so solely at Your own risk!
If You have an emergency, You agree to call 9-1-1 or seek emergency room help or help from a qualified medical professional.
Purchases of physical products
You may purchase a product or service from Website that is meant to be delivered to You (“Physical Product”), or a product that is meant to be licensed for You to read, view, listen to, or download on Your computer or mobile phone or tablet (“Digital Purchases.) Any purchase of a Physical Product or a Digital Product (“Purchase”) is subject to the terms and conditions set forth at the time of the purchase.
Shipping of Physical Products
We ship Physical Products using accredited carriers. We do not ship outside the USA. The risk of loss and title for any items You purchase from us pass to You upon our delivery to a carrier.
Physical Products and sometimes Digital Products purchased on the Website are subject to all relevant taxes.
Limits Allowable for Purchases
We may set limits on the number of Purchases that You may buy on the Website. These limits may be based on factors such as product availability or promotional reasons. If we determine after You make a Purchase that some or all of the Physical Products You have ordered are not available, we will at our election ship the quantity we do have, and refund the remaining amounts in full to You. Orders are generally processed within 24 hours.
Resale of Physical Products
Our Products are intended for use by You and are not intended for resale to third parties. Reselling our Products to third parties constitutes a violation of this Agreement.
Refunds and returns of physical products
Refunds and returns are in accordance with our Money Back Guarantee, incorporated herein by reference.
Digital Product Recurring Charges
Website offers certain recurring programs for Digital Products (“Recurring Programs”). You are offered these Recurring Programs at the time of purchase, with terms clearly spelled out.
Website will charge Your payment method for each recurring charge. Recurring Programs continue until You cancel. Cancellation is by filling out a website form, or calling Website.
You can utilize our one-click cancellation page here.
You can phone us at 877-691-3328 or outside the US at + 703-637-9163.
Purchases from Advertisers or Affiliates
We may run advertising on our Website, which will be clearly labeled as “Sponsored”, “Paid for”, and the like, and which are offers by third parties (“Advertisers.”) You agree that we have no control over what our Advertisers offer, and that Your recourse is solely to look at the Advertiser for any redress, refunds or adjustments.
You agree that we are not to be held to account for any action of our Advertisers, including without limitation the content of their advertising, the offering of their products or services, and delivery of those products or services.
We provide help to You via email support and telephone support. Support is usually offered the same business day or the next day.
Changes to the Website
Website reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is Your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Website may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Changes to Digital Products
Website may update Digital Products by removing or adding content to said Digital Products at its sole discretion, for reasons including without limitation updating the Digital Product for accuracy, to reflect more current viewpoints, or to augment or add to the perceived utility of the respective Digital Product.
You acknowledge that Website may perform such updates, and agree to hold Website harmless for any changes to Digital Products made in accordance with this section of the Agreement including removal of prior existing content or replacement with new content.
Website may terminate Your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately, except for Digital Product access.
If You wish to terminate Your relationship, You may simply discontinue using the Website.
Notwithstanding the foregoing, if You have purchased a Digital Product, Website shall continue offering access to that Digital Product for as long as practicable.
Website can terminate the Website immediately as part of a general shutdown of services.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Website is provided “as is”. Website and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Website nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that You download from, or otherwise obtain content or services through, the Website at Your own discretion and risk.
General Representation and Warranty
Reservation of Rights
We reserve the right to request that You remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, You agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If You find any link on our Website that is offensive for any reason, You are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to You directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or Your liability for death or personal injury;
- limit or exclude our or Your liability for fraud or fraudulent misrepresentation;
- limit any of our or Your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or Your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Liquidated Damages – Limits to Our Liability
In no event will Website, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by You to Website under this agreement during the twelve (12) month period prior to the cause of action. Website shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
IN EVENT OF A DISPUTE YOU MAY NOT SEEK A JURY OR BENCH TRIAL. Dispute Resolution is by Mandatory Binding Arbitration and Class Actions are Waived
Any dispute relating in any way to Your visit to or use of the Website, the Purchases (Digital Products or Physical Products), or otherwise related to this Agreement or Your relationship with Website (“Disputes”), shall be resolved exclusively through confidential arbitration, rather than in court, and shall be governed exclusively by the laws of the State of Wyoming, without regard to principles of conflict of laws. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. Any question as to the validity of this arbitration agreement shall be submitted to confidential arbitration and decided by an arbitrator.
If a Dispute arises, or in the course of any Dispute, You agree to first contact us by the following Dispute Methods:
You can phone us at 877-691-3328 or outside the US at + 703-637-9163. You can email us at firstname.lastname@example.org.
Before formally submitting a Dispute to arbitration, You and we may choose to informally resolve the Dispute. If any Dispute cannot be resolved informally, You agree that any and all Disputes, including the validity of this arbitration clause and class action waiver, shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to You or telephonically. Either You or we may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. We will pay the initial filing costs. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org. To the fullest extent permitted by applicable law, no arbitration of a Dispute may be joined to an arbitration involving any other party subject to this Agreement, whether through a class action, private attorney general proceeding, class arbitration proceedings or otherwise. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of Wyoming: (i) any dispute, controversy, or claim relating to or contesting the validity of our or one of our family company’s intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by us for temporary or preliminary injunctive relief, whether prohibitive or mandatory, or other provisional relief; (iii) any legal action by us against a non-consumer; and (iv) interactions with governmental and regulatory authorities (collectively and severally known herein as “Surviving Clauses”.)
The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. If an arbitrator or court decides that any part of this arbitration agreement is invalid or unenforceable, the other parts of this arbitration agreement shall still apply; however, if an arbitrator or court decides that the class action waiver is invalid or unenforceable, then the entirety of this arbitration agreement shall be null and void.
Each party shall pay its respective attorney’s fees, and no Arbitration award shall include payment of attorney’s fees by the losing party. The losing party shall pay the Arbitration Costs in addition to any award. If Website has advanced Arbitration Costs, then the losing party, if not the Website, shall reimburse the Website for those advanced Arbitration Costs.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE IN A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.
Right to opt out of Mandatory Binding Arbitration
You shall have thirty (30) days from the earliest of the date that You visit the Website or the date You purchase a Product or submit information to or through the Website to opt out of this arbitration agreement, by contacting us using our Dispute Methods (fax, email or telephone.)
If You do not opt out by the earliest of the date that You visit the Website, or the date that You make a Purchase or submit information to us through the Website, then You are not eligible to opt out of this arbitration agreement.
If You duly opt out of using our Dispute Methods, Company may request, and you shall comply with, return of any Physical Products, and cancellation of Digital Products, and Company shall make a full and complete refund, ending the business relationship herein. In the event of such ending of the business relationship, Surviving Clauses shall continue in full force and effect.
NOTICE TO CALIFORNIA CONSUMERS
Under California Civil Code Section 1789.3, users of the Website from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Website may be contacted in writing at Calworth Glenford, Attention California Consumer Rights, 1005 Country Club Avenue, Cheyenne, Wyoming 82001 USA, 877-691-3328.
LIMITATION OF LIABILITY
To the extent permissible by applicable law, in no event will You be entitled to recover from Website, or its officers, owners, heirs or assigns, any indirect, consequential, incidental, punitive, exemplary, or special damages arising out of: (i) the use or inability to use the Website; (ii) any transaction conducted through or facilitated by the Website; (iii) the purchase of any Products (Digital Products or Physical Products) on the Website; (iv) any claim attributable to errors, omissions, or other inaccuracies in the Website; (v) unauthorized access to or alteration of Your transmissions or data; or (vi) any other matter relating to the Website or the Products. SOME STATES, INCLUDING NEW JERSEY, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN THOSE STATES.