Pacific Health Sciences TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site! Pacific Health Sciences, Inc. (“Pacific Health Sciences”) may revise and update these Terms and Conditions at any time. Your continued usage of the Pacific Health Sciences website (“Pacific Health Sciences Site,” or the “Site,”) will mean you accept those changes.
THE SITE DOES NOT PROVIDE MEDICAL ADVICE
Pacific Health Sciences MEMBERS
CHAT ROOMS AND BULLETIN BOARDS ADVERTISEMENTS AND LINKS TO OTHER SITES INDEMNITY GENERAL JURISDICTION COMPLETE AGREEMENT
THE SITE DOES NOT PROVIDE MEDICAL ADVICE.
The contents of the Pacific Health Sciences Site, such as text, graphics, images, information obtained from Pacific Health Sciences’s licensors, and other material (“Content”) contained on the Pacific Health Sciences Site are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Pacific Health Sciences Site!
If you think you may have a medical emergency, call your doctor or 911 immediately. Pacific Health Sciences does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Pacific Health Sciences, Pacific Health Sciences employees, others appearing on the Site at the invitation of Pacific Health Sciences, or other visitors to the Site is solely at your own risk.
The Site may contain health or medical related materials which you find sexually explicit or otherwise offensive. Pacific Health Sciences, its licensors, and its suppliers have no control over and accept no responsibility for such materials. You are solely responsible for compliance with the laws applicable to your country of residence.
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
USE OF CONTENT.
Pacific Health Sciences authorizes you to view or download a single copy of the material on the Pacific Health Sciences Site solely for your personal, noncommercial use if you include the following copyright notice: “Copyright (c) 2009, Pacific Health Sciences, Inc. All rights reserved” and other copyright and proprietary rights notices which were contained in the Content. Any special rules for the use of certain software and other items provided on the Pacific Health Sciences Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Pacific Health Sciences or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Pacific Health Sciences. All rights not expressly granted herein are reserved to Pacific Health Sciences and its licensors.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
LIABILITY OF Pacific Health Sciences AND ITS LICENSORS.
The use of the Pacific Health Sciences Site and the Content is at your own risk.
When using the Pacific Health Sciences Site, information will be transmitted over a medium which is beyond the control and jurisdiction of Pacific Health Sciences and its suppliers. Accordingly, Pacific Health Sciences assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Pacific Health Sciences Site.
The Pacific Health Sciences Site and the content are provided on an “as is” basis. Pacific Health Sciences, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Specifically, Pacific Health Sciences, its licensors, and its suppliers make no representations or warranties about the following:
- The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Pacific Health Sciences Site or Pacific Health Sciences.
- The satisfaction of government regulations requiring disclosure of information on prescription drug products with regard to the Content contained on the Pacific Health Sciences Site.
In no event shall Pacific Health Sciences, its licensors, its suppliers, or any third parties mentioned on the Pacific Health Sciences Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Pacific Health Sciences Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Pacific Health Sciences is advised of the possibility of such damages. Pacific Health Sciences is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Area (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to any part of this Site, you agree that such submission is non-confidential for all purposes. If you make any such submission, you automatically grant–or warrant that the owner of such content has expressly granted–Pacific Health Sciences a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Pacific Health Sciences may sublicense its rights through multiple tiers of sublicenses.
Pacific Health Sciences Members and Users
Pacific Health Sciences Members is a service that allows you to record limited amounts of personal health information on a voluntary basis on servers maintained by Pacific Health Sciences or on its behalf. Pacific Health Sciences Members area is structured to allow access only to visitors with a valid password. Whenever you submit or modify your information in Pacific Health Sciences Members, we will send such information over the Internet using encryption technology (Secure Socket Layer (SSL) software). The information you submit to MyHealthRecord will be stored on a separate server as an additional security precaution. However, we do not warrant or represent that the information you submit to MyHealthRecord will be protected against loss, misuse, or alteration by third parties.
You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Pacific Health Sciences Member password or account. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your Pacific Health Sciences Member account and password; (3) promptly inform Pacific Health Sciences of any need to deactivate a password. You grant Pacific Health Sciences and all other persons or entities involved in the operation of the Site and Pacific Health Sciences Member Services the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of Pacific Health Sciences Members. Pacific Health Sciences cannot and does not assume any responsibility or liability for any information you submit to Pacific Health Sciences or your or third parties’ use or misuse of information transmitted or received using Pacific Health Sciences .
Pacific Health Sciences Live and Member to Member Areas (“Public Areas”).
If you use a Public Area, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Pacific Health Sciences is not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us, we have no duty to sell anything to anyone. You may cancel your order by reviewing our return policy. Pricing, typographical, availability, or other errors may occur on the Platform and we shall never be bound by such.
Prices and Payment Terms.
All prices posted herein are subject to change without notice. The price charged will be the price in effect at the moment the order is placed, price increases will only apply to orders placed after such changes. Posted prices do not include taxes or shipping prices. All such charges will be added to your total, itemized in your shopping cart and in your confirmation email.
Terms of payment are within our sole discretion and payment must be received before our acceptance of an order. You represent and warrant that (i) any payment data you provide is true, correct, and complete, (ii) you are duly authorized to use such payment method, (iii) charges incurred by you will be honored by your payment provider, and (iv) you will pay in accordance with posted prices, with all applicable taxes or any insufficient fund fees caused by your method.
We are unrelated to payment of transactions on both sides. For instance, if you pay us using your credit card on paypal.com, the terms that govern the transaction are your credit card company and PayPal. You hereby indemnify us from any liability on both sides of said transaction.
Charge will appear on credit statement as MindWorks Innovations, Inc.
Title and Risk of Loss. Title and risk of loss pass to you upon our transfer of the products for delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Returns and Refunds.
Except products labeled on the Platform as non-returnable, we will accept a return, within 20 days of delivery for a refund of your purchase price, less original shipping and handling costs, and so long as such products are returned in their original condition. To return products, you must contact customer care. You are responsible for all shipping charges on returned items.
You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return against loss or damage and use a carrier that can provide you with tracking. Refunds are processed within approximately 6 business days after our receipt of your return. Your refund will be credited back to the same payment method used to make the original purchase.
We will determine in our sole discretion if the condition of the products complies with our return policy. We may return the products to you and keep the initial costs. You authorize us to charge any amounts owed by you under these Terms to the payment method associated with your trial. If we are unable to charge said payment method, you authorize us to update your order with another method in your account and charge the payment method for any amounts owed by you.