Terms of Service
PLEASE READ CAREFULLY BEFORE PROCEEDING TO ACCESS AND USE THIS SITE
The information and features included in this Site are subject to change at any time without notice. By accessing or linking to this Site (to the extent linking is permissible), you assume the risk that the information on this Site may be changed or removed.
LIMITED RIGHT TO ACCESS AND USE THIS SITE
You may access and use the Site only for the lawful commercial purposes intended by the Company in providing the Site. Any unauthorized access or use of any portion of this Site, its content, data, computers or networks, or interference with any operation of the Site, or interception of any communication from or to the Site, or any attempt to do one or more of these or other unauthorized or unlawful acts -- is strictly prohibited.
Conceivable Products may be purchased for resale only by qualified healthcare practitioners. The Company does not sell its Products to health care practitioners who resell Products in an unrestricted manner. You may resell Products purchased on this Site only if you are a qualified healthcare practitioner (a "Qualified Reseller"). If you are a Qualified Reseller, you may resell Products purchased on this Site only to consumers whom you have physically seen, and with whom you have entered into a business relationship for the purpose of assisting them on health related matters (“Clients”), and only for their own personal use and not for their resale.
By accessing and using the Site, and purchasing and using any Products, you represent and warrant that (i) you are eighteen (18) years of age or older, (ii) you are a qualified healthcare practitioner in good standing with all applicable licensing or certification authorities in all jurisdictions where your practice, and (iii) that all information provided by you to the Company is accurate and truthful.
You agree that you will notify the Company of any changes to your personal information as they occur and, if applicable, any change to your licensing and certification that may affect your qualification to purchase Products from the Company or to prescribe the purchase of Products by others.
The Company reserves the right to limit, suspend and/or terminate access and use of the Site (in whole or in part) by any or all persons and entities at any time without notice and for no reason stated, as the Company may decide in its sole and absolute discretion.
The Company Product and service offerings, promotions, materials, and content appearing on the Site are intended for customers located in the United States only. The Company makes no representation that Products, services, promotions, materials, offers, information and other content on this Site are appropriate or available for purchase and use in locations outside the United States.
YOUR INFORMATION AND YOUR PRIVACY
You agree that Conceivable shall be permitted to (i) reference your name/logo as a customer of Conceivable in Conceivable’s marketing materials (including but not limited to, brochures, the Site, and other communication vehicles), (ii) issue a press release announcing the parties’ business relationship, and (iii) request that you answer a reasonable number of inquiries from prospective customers and media/industry analysts (to be coordinated by Conceivable with you in order to minimize any disruption to your business).
You acknowledge that the Products constitute proprietary and valuable trade secrets (and other moral rights and intellectual property rights) of Conceivable or its licensors. You agree not to attempt, and will use best efforts to prevent Clients, employees and contractors from attempting to: (i) modify, translate, reverse engineer (except to the limited extent permitted by law), disassemble, create derivative works based on, sublicense, or distribute the Products or the accompanying documentation, except as expressly provided herein; or (ii) remove any proprietary notice, labels, or marks on the Products, documentation, and containers.
We may provide links to third party web sites or resources. Our provision of such links is not an endorsement of any information, product or service reached through such link. We are not responsible for the content or performance of any portion of the Internet including other World Wide Websites to which the Site may be linked for from which the Site may be accessed. You are requested to inform us of any errors or inappropriate material found on Websites to which this Site is or may be linked.
USE OF YOUR ACCOUNT
If you register with the Site, you agree to accept responsibility for all activities that occur under your account, email or password, if any, and agree you will not sell, transfer or assign your account or any rights therein. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the Site. We may, in our sole discretion, and at any time, with or without notice, terminate your password and account, for any reason or no reason at all.
PRODUCT LABELING AND RESTRICTIONS
You will resell and distribute Products to Clients with all proprietary notices, warranties and disclaimers (i) intact as shipped from Conceivable, or (ii) for Products combined and repackaged by you, using labels provided by Conceivable. You shall strictly adhere to any applicable restrictions and limitations regarding the use of the Products that may be included on Product packaging or as may be posted from time to time on the Site, and will take all steps reasonably necessary or requested by Conceivable to inform Clients of applicable restrictions and limitations.
LIMITED PRODUCT WARRANTY
Conceivable warrants that the Products manufactured for it meet high standards of freshness and purity for customer use. Conceivable does not represent, warrant or guarantee that any of its Products will diagnose, treat, cure, mitigate or prevent any medical condition or disease. Your sole and exclusive remedy for any dissatisfaction is to stop using the Products; provided, however, that Conceivable will provide an exchange of Product or full refund (excluding shipping charges) if (i) for any reason, you are not completely satisfied with any Product purchased from Conceivable, and (ii) you request a refund from Conceivable in writing within thirty (30) days from your receipt of the Product. This warranty is limited only by the terms of certain specific warranties attached to or packaged with certain Products and does not apply to any Product intentionally damaged or misused. You will not make any warranty, guarantee or representation, whether written or oral, on Conceivable’s behalf.
DISCLAIMER OF WARRANTIES
CONCEIVABLE MAKES NO OTHER WARRANTIES OR REPRESENTATIONS AS TO THE PERFORMANCE OF THE PRODUCTS, EXCEPT AS SET FORTH IN CONCEIVABLE’S STANDARD PRODUCT WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONCEIVABLE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, OR ANY WARRANTIES ARISING UNDER ANY STATUTE, COURSE OF DEALING OR OTHERWISE.
YOU UNDERSTAND AND AGREE THAT THIS SITE AND ALL MATERIAL AND INTELLECTUAL PROPERTY CONTAINED ON IT ARE DISTRIBUTED "AS IS" "AS AVAILABLE" "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
LIMITATION OF LIABILITY
ALL ACCESS AND USE OF THIS SITE, ITS CONTENTS, PRODUCTS, AND SERVICES ARE AT YOUR OWN RISK.
The Internet may be subject to breaches of security. We are not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before submitting any information to anyone over the internet. We make no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of this Site. This Site may be temporarily unavailable due to maintenance or malfunction of computer equipment.
You acknowledge and agree that Conceivable is disclaiming any legal responsibility for the safety and effectiveness of the Products formulated and manufactured by you with respect to each Product’s labeling and all non-labeling promotional material. Among other things, this means that you are solely liable and responsible for complying with all applicable state and federal statutes and regulations such as, but not limited to, the Federal Food Drug and Cosmetic Act, the Federal Trade Commission Act with respect to a product’s labeling and non-labeling promotional material. Conceivable agrees that, upon a request by you, we will provide information and suggestions to you about the labeling and formulation of a Product; you further understand that Conceivable may suggest or recommend labeling and formulation ideas and language. However, you understand and agree that you waive any right to make or assert any type of claim against Conceivable and any of its employees and agents which arises out of or is based upon such information, recommendations or suggestions.
WAIVER OF CLASS ACTION RIGHTS
BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY.
Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without our written consent.
UNITED STATES LAW
We operate the Site in the United States. Information contained on this Site may not be appropriate or available for use in other locations, and access to this Site from territories where the content of the Site may be illegal is prohibited. If you choose to access the Site or Products from locations outside of the United States, you are responsible for compliance with local laws if, and to the extent that, such local laws are applicable. Furthermore, you specifically represent and warrant that you will comply with all “HIPAA Rules,” which shall mean the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Part 160 and Part 164, to the extent such rules apply to you.
We reserve the right, in our sole discretion, to limit the availability of the Site or Products to any person, geographic area or jurisdiction at any time.
ABILITY TO ACCEPT AGREEMENT
Last Revised on September 09, 2014.