We reserve the right, at our discretion, to modify, add, or remove portions of these terms and conditions at any time and each such change shall be effective immediately upon posting. Please check these terms and conditions periodically for changes. Your continued use of this site following the posting of changes to these terms and conditions will mean you accept those changes.

RESTRICTIONS ON USE OF MATERIALS

All materials, including without limitation, articles, opinions, other text, directories, guides, photographs, illustrations, trademarks, service marks and all copyrightable material (including source code and object code), images, video and audio clips, advertising copy, graphics, images, HTML, codes, multimedia clips, logos, button icons, banners and software, and any other form of intellectual property ("Materials") contained in this Site are the property of Pharmavite and other companies and are protected as intellectual or proprietary property. Unauthorized use of any of the above-mentioned Materials will violate intellectual property rights. All rights not expressly granted in these Terms and Conditions are reserved to Pharmavite. No other rights or licenses, whether express or implied, arising from estoppel or otherwise, are conveyed or intended by these Terms and Conditions. As such, no material from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the Materials on any single computer for your personal, non-commercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the Materials, (iii) you do not use the Materials in a manner that suggests an association with us or any of our products, services, or brands, and (iv) you do not download quantities of Materials to a database that can be used to avoid future downloads from this Site. The use of any such material on any other web site or computer environment is prohibited.

Pharmavite reserves the right at any time and in its sole discretion to change or revoke any authorization granted above. In such circumstances or, if you violate any provision of these Terms and Conditions, your permission to use the Materials automatically terminates and you must immediately destroy any copies of the Materials that you have made.

Nothing contained in this Site will be construed as granting any license or right to use any trademark, logo, trade name, or design displayed on this Site or otherwise owned by Pharmavite without the prior written permission of Pharmavite or the respective owner of the trade mark.

THIS SITE IS INTENDED FOR ADULTS

This Site is intended for adults at least 18 years of age or older. By using this Site, you acknowledge that you are 18 years or older.

COPYRIGHT AND COPYRIGHT AGENT

We respect the intellectual property of others and we ask that our users to do the same. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512, we have designated a copyright agent to receive notice of claims of copyright infringement on the Web Site. Our copyright agent who may be reached by email at copyrightagent@pharmavite.net. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

LIMITATION OF LIABILITY; DISCLAIMER

The use of this Site and information contained within the Site is at your own risk.

When using this Site, information will be transmitted via the Internet and portions of the world wide web over which Pharmavite has no control or jurisdiction. Therefore, Pharmavite does not assume any liability for or relating to the delay, failure, interruption or corruption of any information transmitted in connection with the use of this Site.

Pharmavite cannot and does not guarantee or warrant that any data, file, or information available for downloading will be free of infection, viruses, worms, trojan horses or other code or codes that may contain contaminating or destructive properties. You agree to assume the entire cost of all necessary servicing, repair or correction resulting from any such downloading.

This Site and the information given through this Site are provided without charge and are provided on an "AS IS" and "WITH ALL FAULTS" basis. TO THE FULLEST EXTENT PERMITTED BY LAW, PHARMAVITE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Pharmavite does not warrant that the information contained on this Site will be uninterrupted or error free, or that defects will be corrected. Pharmavite makes no warranty as to the accuracy, reliability, completeness, timeliness, usefulness, adequacy or suitability of the information, links or communications provided on or through the use of this Site and does not warrant against human or machine error, delay, omissions, interruptions or losses, including loss of any data or the legality of the Site or compliance with respect to laws governing the products, services or promotions offered on this Site.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, SHALL PHARMAVITE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENCEES, SUPPLIERS, OR THOSE HEALTHCARE PROFESSIONALS WHO HAVE CONTRIBUTED MATERIAL TO OR ANSWERED QUESTIONS ON THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNATIVE DAMAGES, PERSONAL INJURY, OR WRONGFUL DEATH WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST REVENUE, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY. EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN WARRANTY, CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, STRICT LIABILITY OR OTHER LEGAL THEORY) EXCEED TWENTY-FIVE U.S. Dollars ($25.00).

BY ACCESSING THIS SITE, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

RESTRICTIONS ON USE OF SITE

You agree to refrain from the following prohibited activities while using this Site:

• violate any local, state, national or international laws;
• defame, abuse, harass or threaten others;
• make any bigoted, hateful or racially offensive statements;
• advocate illegal activity or discuss illegal activities with the intent to commit them;
• transmit, post, distribute or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;
• post or distribute any unlawful, vulgar, obscene, slanderous, hateful, discourteous, derogatory, or indecent language or images or material that is embarrassing to any other person or entity;
• advertise or sell to or solicit others;
• use the Public Areas for commercial purposes of any kind;
• post or distribute any software or other materials which contain a virus or other harmful component;
• post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board;
• impersonate another person or post or transmit information under a false name;
• collect information about others, including email addresses, without their consent;
• post chain letters or pyramid schemes;
• allow any other person or entity to use your account or identification for any purpose whatsoever, including posting or viewing comments;
• disrupt the normal flow of dialogue in any Public Area;
• post the same note more than once or "spamming"; or
• engage in any other conduct that restricts or inhibits any other person from using or enjoying this Site, or which in the judgment of Pharmavite, exposes Pharmavite or any of its customers, licensors, or suppliers to any liability or detriment of any type.

These terms and conditions shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity relating to the arbitration provision of these Terms and Conditions shall be filed only in the state or federal courts located in Los Angeles County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms and conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Pharmavite's failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. No waiver of any of these terms and conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. This is the entire agreement between us relating to the subject matter herein and, except as provided in these Terms and Conditions with respect to changes to these Terms and Conditions, shall not be modified except in writing, signed by both parties.

GENERAL PROVISIONS

You agree to comply with all rules, laws and regulations that are applicable to your use of the Site, including, without limitation, those governing your transmission or use of any software or data.

These terms and conditions shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity relating to the arbitration provision of these Terms and Conditions shall be filed only in the state or federal courts located in Los Angeles County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms and conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Pharmavite's failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. No waiver of any of these terms and conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. This is the entire agreement between us relating to the subject matter herein and, except as provided in these Terms and Conditions with respect to changes to these Terms and Conditions, shall not be modified except in writing, signed by both parties.