Information Collected by Phytoceutical Inc
Phytoceutical Inc requires you to provide accurate and current information that personally identifies you ("Personally
Identifying Information") in order for you to access certain services and to purchase products that Phytoceutical Inc offers
through the Site. Personally Identifying Information may include: "Contact Data", such as your name, company or
business name, mailing address, electronic mail ("e-mail") address or telephone number; "Financial Data", such as your
debit account or credit card number; or "Demographic Data", such as your zip code or age. If you register with us,
participate in any promotions, surveys or clubs, or communicate with us via e-mail, telephone or regular mail, any
information that you provide may be collected as Personally Identifying Data.
Using the Information Collected by Phytoceutical Inc
Phytoceutical Inc may use your Contact Data to complete your order, to provide the services that you request, to contact
you about the status of your order or to send you promotional information about the Site. Phytoceutical Inc may use your
Financial Data to bill you for your order. We may use your Demographic Data to identify your product and service
preferences and to improve Phytoceutical Inc merchandise selections, customer service, and overall customer
service shopping experience.
Phytoceutical Inc Terms of Use
Welcome to ProstMD.com (the "Site"). Please review the following terms and conditions (the "Terms and
Conditions") that govern your use of, and purchase of products from, the Site. Please note that your use of the Site
constitutes your agreement to follow and be bound by the Terms and Conditions. If you do not agree with the Terms
and Conditions, please do not use the Site.
General
The Site is operated by Phytoceutical Inc. You may contact Phytoceutical Inc by phone at (877) 576-5019
Terms and Conditions Subject to Change
Phytoceutical Inc reserves the right to update or modify the Terms and Conditions at any time without prior notice to you
We recommend that you periodically review the Terms and Conditions for any changes. By using the Site, you agree to
be bound by the Terms and Conditions, as amended from time to time.
Additions/Deletions
Phytoceutical Inc reserves the right to change, move or delete portions of, or add to, the Site from time to time without
prior notice to you.
Returns (if applicable)
Any and all returns are subject to our thirthy day refund policy.
Content of the Site
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, and written and other
materials that appear on the Site (collectively, the "Content") are subject to trademark, service mark, copyright and/or
other intellectual property rights under United States law and international law or licenses held by Phytoceutical Inc or
by third parties who have licensed their materials to Phytoceutical Inc . Phytoceutical Inc owns the copyright in the Site,
including the selection and arrangement of the Content. No right, title or interest in the Content is transferred to you as
a result of your use of the Site.
Visitors to the Site may not reproduce, distribute, replicate or transmit the Content without the express written permission
of Phytoceutical Inc, except for materials downloaded, printed or stored for personal, non-commercial uses. Any materials
downloaded, printed or stored for personal, non-commercial uses must retain any copyright, trademark or other proprietary
notices contained therein.
Third Party Websites
For your convenience, Phytoceutical Inc may provide links to websites that are owned and operated by third parties
which we think may be of interest to you. However, Phytoceutical Inc does not endorse the content on those sites
and does not regularly review materials on these linked third party websites. Therefore, you view any third party
websites linked from the Site at your own risk.
Prices
The prices displayed on the Site are quoted in United States dollars. Prices are subject to change without notice.
Disclaimer
THE SITE, ALL THE CONTENT THEREIN, THE SERVICES AND THE PRODUCTS OFFERED FOR SALE THROUGH
THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR
REPRESENTATIONS OF ANY KIND TO THE MAXIMUM EXTENT PERMITTED BY LAW, Phytoceutical Inc AND ITS
AFFILIATED ENTITIES AND SUPPLIERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, ALL THE CONTENT THEREIN, THE SERVICES
AND THE PRODUCTS OFFERED FOR SALE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT
ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, Phytoceutical Inc AND ITS AFFILIATED ENTITIES AND SUPPLIERS DO NOT
REPRESENT OR WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR CURRENT OR
THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
Phytoceutical Inc AND ITS AFFILIATED ENTITIES AND SUPPLIERS MAKE NO REPRESENTATION THAT THE
CONTENT PROVIDED ON THE SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE
THE UNITED STATES.
EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THE SKILLS, CONCEPTS, IDEAS, TECHNIQUES
AND “KNOW HOW” OFFERED BY Phytoceutical Inc AND THEIR POTENTIAL. THERE IS NO GUARANTEE THAT YOU
WILL BECOME DEBT FREE USING THE TECHNIQUES AND IDEAS IN THESE MATERIALS. EXAMPLES IN THESE
MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE. DEBT SETTLEMENT POTENTIAL
IS ENTIRELY DEPENDENT ON THE PERSON READING OUR PRODUCT, IDEAS AND TECHNIQUES. WE DO NOT
PURPORT THIS AS A "END TO YOUR DEBT PROBLEM." WE ARE ONLY HERE TO PROVIDE VALUABLE
INFORMATION ABOUT DEBT RESOLUTION THAT WILL IN TURN HOPEFULLY HELP YOU IN SOME WAY.
If you do not understand or agree with any of these conditions, DO NOT ORDER OR USE OUR PRODUCTS.
If you require further clarification, please contact customerservice @ prostmd.com. Thank you.
Limitation of Liability
YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK,
THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING
OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT
Phytoceutical Inc AND ITS AFFILIATED ENTITIES AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY DAMAGES OF
ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE. ADDITIONALLY, Phytoceutical Inc AND ITS
AFFILIATED ENTITIES AND SUPPLIERS ARE NOT LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR
RELATED TO ANY OF THE CONTENT ON THE SITE, OR THE SERVICES AND PRODUCTS OFFERED FOR SALE
THROUGH THE SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY
KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING
WITHOUT LIMITATION LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, IN TORT
(INCLUDING NEGLIGENCE), IN STRICT LIABILITY, UNDER WARRANTY OR OTHERWISE, EVEN IF AN AUTHORIZED
REPRESENTATIVE OF Phytoceutical Inc HAS BEEN ADVISED OF OR SHOULD HAVE KNOW OF THE POSSIBILITY
OF SUCH DAMAGES. Phytoceutical Inc AND ITS AFFILIATED ENTITIES AND SUPPLIERS SHALL NOT BE LIABLE
FOR ANY DAMAGES, LOSSES OR EXPENSES AS A RESULT OF YOUR NEGLIGENCE, WHETHER SUCH NEGLIGENCE
IS DEEMED ACTIVE OR PASSIVE AND WHETHER OR NOT IT IS THE SOLE CAUSE OF ANY SUCH DAMAGE, LOSS
OR EXPENSE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS
FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF
Phytoceutical Inc AND ITS AFFILIATED ENTITIES AND SUPPLIERS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES
THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED $100.
IF YOU ARE DISSATISFIED WITH THE SITE, ANY OF THE CONTENT, THE SERVICES OR THE PRODUCTS OFFERED
FOR SALE THROUGH THE SITE, OR WITH THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS
TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE
SITE IS AT YOUR SOLE RISK.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY
FROM STATE TO STATE.
Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD Phytoceutical Inc AND ITS AFFILIATED ENTITIES AND SUPPLIERS
HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING
ATTORNEYS' FEES, ARISING FROM OR RELATED TO YOUR USE OF THE SITE.
Violation of Terms and Conditions and Applicable Law
Use of the Site is subject to the Terms and Conditions as well as applicable federal, state and local law. Phytoceutical Inc
eserves the right to terminate or suspend your access to the Site if we determine that you fail to comply with the Terms and
Conditions or if you violate and applicable federal, state or local law.
GOVERNING LAW; JURISDICTION; VENUE
THE TERMS AND CONDITIONS WILL BE CONSTRUED UNDER AND GOVERNED BY THE LAWS OF THE STATE OF
CALIFORNIA, WITHOUT GIVING EFFECT TO ANY CHOICE OR CONFLICT OF LAW PROVISION THAT WOULD CAUSE
THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF CALIFORNIA, AND THE
FEDERAL AND STATE COURTS OF THE STATE OF CALIFORNIA WILL HAVE THE EXCLUSIVE JURISDICTION AND
VENUE TO ENFORCE THE TERMS AND CONDITIONS. YOU AGREE NOT TO ASSERT, BY WAY OF A MOTION, AS A
DEFENSE OR OTHERWISE, IN ANY SUIT, ACTION OR PROCEEDING ARISING FROM THE TERMS AND CONDITIONS
THAT YOU ARE NOT PERSONALLY SUBJECT TO THE JURISDICTION OF THE ABOVE-NAMED COURTS, THAT THE
SUIT, ACTION OR PROCEEDING IS BROUGHT IN AN INCONVENIENT FORUM, THAT THE VENUE OF THE SUIT,
ACTION OR PROCEEDING IS IMPROPER OR THAT THE TERMS AND CONDITIONS MAY NOT BE ENFORCED IN OR
BY THE ABOVE-NAMED COURTS.
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