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Web Site Terms and Conditions of Use

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE.

  1. General

Clinical Synergy Professional Formulas, Inc. (“Clinical Synergy”, “we”, “us” or “ours”) is a business that markets and sells dietary supplements which are a type of food. Unless specifically otherwise noted, all of the information on this clinicalsynergyformulas.com web site (this "Site") pertains only to our dietary supplements, and not to any drug product. We at Clinical Synergy 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 US 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. Clinical Synergy does not provide any medical advice, diagnosis or treatment or any medical information.

The information contained in this Site, or provided at your request as a result of the completion of an opt-in form by you, is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. Clinical Synergy 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. As a result, you should never use the information you obtain on the Site for diagnosis or treatment of any health problem or disease, or in place of any medication or other treatment prescribed by a physician or other healthcare provider. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use. 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.

  1. Terms

By accessing this Site, you are agreeing to be bound by these Site Terms and Conditions of Use ("Terms"), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these Terms, you are prohibited from using or accessing this Site. The materials contained in this Site are protected by applicable copyright and trade mark law.

  1. Use of this Site

The design of this Site and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Site are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms or with prior written permission of Clinical Synergy. You may not modify the information or materials displayed on or that can be downloaded from this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. As a condition of your use of this Site, you will not use the Site or the information contained herein for any purpose that is unlawful or prohibited. You will not use this Site in any manner that could damage, disable, overload or impair the operation of this Site or use by third parties. Any copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Site for any purposes are strictly prohibited, other than as explicitly provided in these Terms. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written consent of Clinical Synergy is prohibited.

Furthermore, the content, information, software, designs, materials, functions and data included in and contained on the Site (the “Content”) are protected by intellectual property and other laws. You must comply with these and any other applicable laws when you use the Site.  Unless indicated to the contrary and subject to your strict compliance with these Terms, you may access and use the Site only for personal, non-commercial use, or in connection with your authorized purchase or sale of our products. In connection with these uses, Company grants a limited, non-exclusive, revocable, non-assignable, personal and non-transferable permission to temporarily download one copy of the materials (information or software) on the clinicalsynergyformulas.com Site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials or the Content;
  • use the materials or the Content for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained on Clinical Synergy Site;
  • remove any copyright , trademarks or other proprietary notations from the materials or from the Content;
  • transfer the materials or Content to another person or “mirror” the materials on any other server; or
  • use the Content in a manner that suggests an association with any of our products, services or brands.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Clinical Synergy at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

  1. Site Security

4.1.     You agree not to violate or take any action which might violate or attempt to violate the security of the Site, including, without limitation:

4.1.1.   accessing data not intended for you or logging into a server or account that you are not authorized to access;

4.1.2.   attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

4.1.3.   attempting to interfere with the use of any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mailbombing" or "crashing", the Site.

4.1.4.   sending unsolicited e-mail, including promotions and/or advertising of products or services; or

4.1.5.   providing any false TCP/IP packet header or any part of the header information in any e-mail or posting.

4.2.     Violations of system or network or Site security may result in civil or criminal liability. Clinical Synergy will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

4.3.     You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that Clinical Synergy may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Site.

  1. Retention of Intellectual Property Rights; Trademarks

Clinical Synergy retains full title and ownership over any intellectual property rights (including any patent, copyright, trademark, moral right, logos or trade secret rights, whether registered or not) relating to or arising from this Site, its products and any services. Nothing in these Terms shall confer, delegate or assign to you or to any third party any rights, interest or title of Clinical Synergy. Without derogating from the generality of the above, certain trademarks, trade names, service marks and logos used or displayed on this Site are registered and unregistered trademarks, trade names and service marks of Clinical Synergy and its affiliates. Other trademarks, trade names and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Site without the written permission of Clinical Synergy or such other owner nor may you publish and/or advertise Clinical Synergy or its products unless Clinical Synergy has provided its prior consent in writing.

  1. Shipping.

When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Site. All purchases from this Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. 

To download the MAP policy, click here.

  1. Accuracy of Information

We attempt to ensure that information on this Site is complete, accurate and current. Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete or out of date. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

  1. User Information

Other than personally identifiable information, which is subject to Clinical Synergy privacy policy and is hereby incorporated by reference, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Site in any manner ("User Materials") is and will be considered non-confidential and non-proprietary. Personally identifiable information that you voluntarily post on any part of this Site that is viewable by the public is not subject to our privacy policy and is considered User Materials. We and our respective affiliates and our or their designees may use any or all User Materials for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Materials. We will have no obligation to use, return, review, or respond to any User Materials. We will have no liability related to the content of any such User Materials, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Materials that includes any material we deem inappropriate or unacceptable. You agree that all User Materials are truthful, that you have obtained the consent of anyone appearing in any User Materials with you, and that any User Materials will not infringe on or violate the rights of any person or entity. By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Materials you agree that you are granting Clinical Synergy and our affiliates a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to publish, transmit, perform, display, create derivative works from and otherwise use such User Materials for any purpose, including, without limitation, advertising and promotional purposes, in any media, now or hereafter known without any compensation to you.

  1. No Warranties; Disclaimers

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE AND ALL SITE INFORMATION, INCLUDING ANY PRODUCTS SOLD TO YOU THROUGH THIS SITE, ARE PROVIDED ON AN “AS IS”, "AS AVAILABLE" BASIS. CLINICAL SYNERGY MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL RIGHTS. ANY RELEVANT LEGISLATION GOVERNING THE USE OF THE PRODUCT SHOULD BE OBSERVED BY THE USER TO ENSURE THAT THE USE OF THE PRODUCT AND ANY LABELING IS IN COMPLIANCE WITH ANY LOCAL OR NATIONAL LEGISLATION. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED ARE HEREBY EXPLICITLY EXCLUDED.  CLINICAL SYNERGY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE. FURTHER, CLINICAL SYNERGY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS INTERNET SITE OR THE PRODUCTS SOLD TO YOU OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL WARRANTIES OF ANY KIND, WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS SITE, AS WELL AS WITHOUT LIMITATION ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

CLINICAL SYNERGY MAKES NO REPRESENTATIONS OR PROMISES TO DEVELOP OR PROVIDE OR MARKET ANY PRODUCT OR SERVICE OFFERED OR PROMOTED THROUGH THIS SITE, AND YOU SHALL NOT RELY ON THE INFORMATION PROVIDED OR THE PROSPECT OF AVAILABILITY OF ANY PRODUCT OR SERVICE CURRENTLY IN DEVELOPMENT OR CURRENTLY ANTICIPATED TO BE MADE AVAILABLE IN THE FUTURE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER CLINICAL SYNERGY, NOR ANY OF ITS RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES.

  1. Limitations of Liability

Clinical Synergy does not assume any responsibility, nor is it liable for any damages to, or any viruses that may infect your computer, equipment, or other property caused by or arising from your access to, use of, or browsing this Site, or your downloading of any information or materials from this Site. IN NO EVENT WILL CLINICAL SYNERGY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS, INFORMATION, PRODUCTS OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A REFUND OF THE MONEY YOU PAID TO US, IF ANY, FOR SUCH PRODUCTS DURING THE THREE MONTHS PRECEDING YOUR INITIATION OF THE CLAIM OR DISPUTE.  THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

  1. Changes to Products

Clinical Synergy may make changes to our products and to any materials contained on its Site at any time without notice. Clinical Synergy does not, however, make any commitment to update any of the materials contained herein.

  1. Third Party Links

Clinical Synergy has not reviewed all of the sites linked to its Internet Site and is not responsible for the contents of any such linked sites. Clinical Synergy’s inclusion of any link does not imply endorsement or recommendation by Clinical Synergy of the site. Use of any such linked web site is at the user’s own risk.

  1. Linking to this Site.

Creating or maintaining any link from another Web site to any page on this Site without our prior written permission is prohibited. Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another web site without our prior written permission is prohibited. Any permitted links to this Site must comply will all applicable laws, rules and regulations.

  1. Coupons

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 Clinical Synergy coupons and promotional codes unless the terms of the coupon or promotional code expressly allow you to do so. We reserve the right to cancel orders when we have 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. We 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 our sole discretion. Coupon codes and promotional codes are not valid on prior purchases.

  1. Termination

You or we may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Site at any time without notice.

  1. Indemnity

You agree to indemnify and hold Clinical Synergy and our affiliates (and their franchisees and licensees), and subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our Site, your connection to our Site, your violation of these Terms, or your violation of any rights of another party. This indemnity survives termination of these Terms.

  1. Governing Law; Jurisdiction

The Terms herein shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of California, USA without regard to conflicts of laws’ provisions that would result in the application of the laws of a different jurisdiction. The United Nations Convention on the International Sale of Goods does not apply to these Terms. Any legal action or proceeding concerning these Terms or the respective rights and obligations hereunder shall be brought exclusively in the federal and state courts of competent jurisdiction sitting in San Francisco, California, USA. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

  1. General

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision by us. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of our Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or our Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

  1. Site Terms of Use Modifications

Clinical Synergy may revise these Terms for its Site at any time without notice. By using this Site you are agreeing to be bound by the then current version of these Terms. You should visit this page from time to time to review the then current Terms because they are binding on you. Certain provisions of these Terms may be superseded by legal notices or terms located on particular pages of this Site.

  1. Additional Assistance

If you do not understand any of the foregoing Terms or if you have any questions or comments, we invite you to contact us at 707-303-1999.

These Terms were last updated on May 12, 2016.

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