Terms of Service

By using this website (collectively referred to in these Terms of Use as our “website”) you agree to be bound by the terms set forth herein. PhenClinic.com reserves the right, in its sole discretion, to make changes to our website, these website usage terms and conditions, the policies and conditions that govern the use of our website and/or an individual’s access to this site at any time, or to terminate this site without notice. It is recommended that you, as a user of this website, read these terms and conditions each time you enter the PhenClinic.com site for any updates or changes. Your continued access or use of our website shall be deemed your acceptance of these changes and the reasonableness of these standards for notice of changes. If you do not agree and/or no longer agree to be bound by these Terms and Conditions, you may not use, and must immediately cease your use of, the PhenClinic.com website. When you access this site, you also acknowledge that you have read and agree to abide by the terms described in our Privacy Policy.

The entire contents of this site are copyrighted under United States law. Materials from the website may not be copied, distributed or transmitted in any way without prior written consent of PhenClinic.com. Users of the site MAY download one copy of any and all materials on the site for personal, non-commercial use provided that they do not modify or alter the materials in any way, or delete or change any copyright or trademark notice. PhenClinic.com reserves complete title and full intellectual property rights for materials downloaded from the site.

All material on this site is provided for lawful purposes only. You agree not to use the material on this site for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another or that violates any federal, state, or local law. You agree that PhenClinic.com may in its sole discretion terminate your access to our website, without notice, if we believe you have in any way violated our Terms of Use.

Health-Related Information

The information contained in the PhenClinic.com website is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the PhenClinic.com website (including, but not limited to, information that may be provided by healthcare and/or nutrition professionals employed by, or contracting with, PhenClinic.com) for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration unless specifically so stated. Please read our disclaimer.

Modifications

PhenClinic.com reserves the right to modify or discontinue, temporarily or permanently, the PhenClinic.com website as a whole and/or any or all of the website features, products, prices of products, services or information appearing on, or available through, any or all of the website with or without notice to you. You agree that PhenClinic.com shall not be liable to you or any third-party for any modification or discontinuance of such features, products, prices, services, or information on the website or the website itself.

Submission Of Information and/or Materials

Other than personally identifiable information, which is addressed under our Privacy Policy, any information, including but not limited to remarks, comments, suggestions, ideas, graphics or other submissions, transmissions and/or postings that are communicated to PhenClinic.com through this site is the exclusive property of PhenClinic.com.

The user acknowledges the originality of any submission communicated to PhenClinic.com and accepts responsibility for its accuracy, appropriateness and legality in that you agree to provide true, accurate, current and complete information about yourself if and when you elect to provide personal information to us. You also agree to maintain and promptly update any such information to keep it accurate.

PhenClinic.com is entitled to use any information submitted for any purpose anywhere, anytime and for any reason whatsoever without restriction or compensation to the person sending the submission. Except as may be provided in the Privacy Policy, any information or materials submitted to PhenClinic.com will be treated as non-confidential and non-proprietary, and we will not have any obligation to use or evaluate any information we receive from you. You should rely solely on your rights under patent, trademark, and copyright laws. The receipt or consideration of your information by PhenClinic.com shall in no way impair the right of PhenClinic.com to contest the validity of your patent, trademark or copyright.

Links

The PhenClinic.com website provides links to other third party websites or resources. These links are for your convenience only and are not under our control. You acknowledge and agree that PhenClinic.com is not responsible for the availability of such external sites or resources, and does not endorse any such site, its use or contents and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that PhenClinic.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on such external sites or resources. In the event you decide to access or use any of these other websites or resources, you agree you do so at your own risk.

Sale of Products

You may be provided with the opportunity to purchase products and/or services through the PhenClinic.com website and/or from third party websites linked to the PhenClinic.com website. Products and/or services purchased through third-party websites are subject to the terms and conditions of such other parties and their websites, and PhenClinic.com shall have no liability or responsibility theretofore.

Indemnity

You agree to indemnify and hold PhenClinic.com and our parents, 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 website, your connection to our website, your violation of these Terms and Conditions, or your violation of any rights of another party. This indemnity survives termination of these Terms and Conditions.

Disclaimer of Warranties

You expressly agree that use of our website is at your sole risk and is provided on an “as is” and “as available” basis to the fullest extent permissible pursuant to applicable laws.

PhenClinic.com and its parents, affiliates (and their franchisees and licensees) and subsidiaries (collectively, “affiliates”) expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. PhenClinic.com and its affiliates make no warranty, express or implied, that the website or any services, products, or information obtained on or through the website will meet your requirements or will be uninterrupted, timely, secure, or error free; nor does PhenClinic.com or its affiliates make any warranty, express or implied, as to the results that may be obtained from the use of the website or any services, products or information obtained on or through the website or as to the accuracy, completeness or reliability thereof. PhenClinic.com makes no commitment to update or correct any information that appears on the website or any website linked hereunder.

You understand and agree that any material and/or information downloaded or otherwise obtained through the use of or from the website is done at your own discretion and risk and that you will be solely responsible for your use or nonuse of such information, including, without limitation, any damage to your computer system or loss of data that results from the download of such material and/or information and any bodily injury. PhenClinic.com is not responsible for technical, hardware or software failures of any kind; lost or unavailable network connections; incomplete, garbled or delayed computer transmissions. Under no circumstances will PhenClinic.com or its suppliers be liable for any damages or injury that results from the use of the materials on this site. PhenClinic.com and its affiliates make no warranty regarding any goods or services purchased or obtained through or from the website or any transactions entered into through the website. No advice or information, whether oral or written, obtained by you from PhenClinic.com or through or from any service or product on the website shall create any warranty not expressly stated herein. Some jurisdictions do not allow the exclusion of certain warranties for consequential or incidental damages, in which case the above limitation may not apply to you.

PhenClinic.com may make changes to its website design, functionality and/or content at any time, and may provide links to other sites that are not maintained by PhenClinic.com. PhenClinic.com does not endorse those sites and is not responsible for the content of such other sites.

Liability Restrictions

You agree that PhenClinic.com and its affiliates shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, resulting from the use or the inability to use the website or any services, products or information obtained on or through the website, even if PhenClinic.com or its affiliates have been advised of the possibility of such damages, including, without limitation, damages from: personal injury; downloading any material contained on or accessed through the website; linking to any third party website from the website; any unauthorized access to any information on the website and/or submitted by you to or through the website; cost of procurement of substitute goods and services; any goods or services purchased or obtained or messages received or transactions entered into through or from the website; and/or loss of profits, use, data or other intangible losses.

You further agree that PhenClinic.com and its affiliates shall not be liable for any damages arising from interruption, suspension or termination of the website, including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, in which case the above limitation may not apply to you.

Domestic Use/Export Restriction

PhenClinic.com controls the PhenClinic.com website from our offices within the United States of America. We make no representation that the website or its content (including, without limitation, any products or services available on or through the website) is appropriate or available for use in other locations. Users who access the website from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the website may be downloaded in violation of United States law.

Enforcement of Terms and Conditions/Jurisdiction

These terms and conditions are governed and interpreted pursuant to the laws of the State of Tennessee, United States of America, notwithstanding any principles of conflicts of law. If any part of these terms and conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions. Any claim relating to the PhenClinic.com website, our website Terms and Conditions, and the relationship between you and PhenClinic.com organization shall be governed by the laws of the United States and the State of Tennessee without regard to its conflict of law provisions. You and PhenClinic.com agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Tennessee.

These Terms and Conditions and our Privacy Policy constitute the entire agreement between you and PhenClinic.com with respect to the PhenClinic.com website; provided, however, that certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms which may be located on particular pages on the PhenClinic.com website. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by us. If any provision of these Terms and Conditions 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 and Conditions 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 website or our Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

PhenClinic.com can revise these terms and conditions at any time by updating this online posting. PhenClinic.com may terminate this agreement at any time without notice for any reason. Users may terminate this agreement by destroying all materials obtained from the PhenClinic.com website.

PhenClinic.com Terms and Conditions

1. APPLICABILITY OF CONTENT: The information presented by PhenClinic.com on its website is not intended to be a substitute for medical counseling. The site is intended to help you make informed decisions about your health. Before adhering to any of the information or recommendations presented throughout PhenClinic.com website and/or other electronic communications and/or purchasing products and/or services, please consult with your own physician or healthcare practitioner. PhenClinic.com reserves the right to refuse or cancel membership and/or access to this website for any reason.

2. GENERAL TERMS AND CONDITIONS: You agree to: (a) maintain all equipment necessary for your access to and use of the PhenClinic.com website; (b) maintain the security of your user identification, password and other confidential information relating to your PhenClinic.com account; (c) be responsible for all charges resulting from use of your PhenClinic.com account, including unauthorized use prior to your notifying PhenClinic.com of such use and taking steps to prevent its further occurrence by changing your password; and (d) updating your personal contact information, including e-mail address.

3. WAIVER, RELEASE AND LIMITATION OF LIABILITY: You agree that neither PhenClinic.com, nor its affiliates, subsidiaries, officers, directors, employees, agents, consultants or information providers or suppliers, shall have any liability to you under any theory of liability or indemnity in connection with your use of the PhenClinic.com website. You hereby release and forever waive any and all claims you may have against PhenClinic.com, its officers, directors, employees, agents, consultants, information providers or suppliers for losses or damages you sustain in connection with your use of the PhenClinic.com website.

4. Notwithstanding the foregoing paragraph, the total liability of PhenClinic.com and its officers, directors, employees, agents, consultants, information providers and suppliers, if any, for losses or damages shall not exceed monies paid by you for the particular information, products and/or service provided. All other damages, direct or indirect, special, incidental, consequential or punitive arising from any use of the information or other parts of the PhenClinic.com website are hereby excluded even if PhenClinic.com or its officers, directors, employees, agents, consultants, information providers or suppliers have been advised of the possibility of such damages. Void where prohibited by law.

5. NOTICE: PhenClinic.com may deliver notice to you under this Agreement by means of electronic mail, a general notice on PhenClinic.com or by written communication delivered by first class U. S. mail to your address on record in the PhenClinic.com site’s account information. You may give notice to PhenClinic.com at any time via electronic mail to PhenClinic.com or by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:

PhenClinic.com

2000 Mallory Lane Suite 130-45

Franklin, TN. 37067

Disclaimers

The dietary and other substances discussed on this site may not have undergone evaluation and/or testing by the United States Food and Drug Administration or like agency of any other country. Risks that might be determined by such testing are unknown. Where these substances are dietary supplements, they are not intended to diagnose, treat, cure or prevent any disease. In some jurisdictions, some of these substances may be considered prescription drugs, controlled or contraband substances. Since the information published on the PhenClinic.com website is accessible to anyone throughout the world, PhenClinic.com does not give legal advice that may apply to any particular consumer. Consumers are cautioned to check with local, regionalized legal counsel and/or health care professional(s) before making any purchases of membership, products and/or services on the PhenClinic.com website. The policy opinions expressed on this site, and on sites to which it may link, are not necessarily the views of PhenClinic.com and are not adopted for commercial purposes.

Intellectual Property Rights

PhenClinic.com is a trademark and service mark of PhenClinic.com. PhenClinic.com also has trademark rights in the names of many products featured for sale by PhenClinic.com. PhenClinic.com trademarks and service marks may not be used without express written permission from the owners of said marks.

All content, which includes text, photos, graphics, artwork and any other material, on the PhenClinic.com website is the copyrighted private property of PhenClinic.com (with the exception of that acquired from third-parties as noted where applicable) and may not be published, broadcast, rewritten or redistributed without the express written consent of PhenClinic.com. ©2015 PhenClinic.com. All rights reserved.

If you have any questions regarding copyright or use of the materials on this website, contact us by email at [email protected]

Certain products may also be protected under U. S. Patent Law.

Privacy

PhenClinic.com operates under a strict set of privacy principles, taking care to respect the privacy of its online visitors. Read our privacy policy here.

Advertising Policy

In order to provide quality health information, news and tools in a timely manner to our visitors, PhenClinic.com may permit advertising on our site. However, we do not allow outside advertisers to affect the quality or accuracy of information on our site, and we maintain a stringent policy of editorial independence. The following advertising policy is in force on the PhenClinic.com website:

PhenClinic.com maintains complete editorial independence with respect to our content in every circumstance. We do not permit advertisers or other third-party sponsors to make changes to content, or to introduce biased content into the design of any of our sections. PhenClinic.com clearly identifies all advertisements, sponsorships, and sponsor-related material on the PhenClinic.com website.We will not provide or sell any information to a third party that would allow it to identify a person’s individual medical or diet circumstances or conditions.

How To Contact Us

Should you have other questions or concerns about these legal notices and/or the practices of this website, please contact us at:

PhenClinic.com

2000 Mallory Lane Suite 130-45

Franklin, TN. 37067

[email protected]