TERMS OF USE AGREEMENT

Last Updated: December 10, 2013

Please read the following Terms Of Use carefully. This website is provided by Farmacist Healing, LLC. By visiting http://www.FarmacistHealing.com and/or our mobile site (collectively, “Website”), you acknowledge that you have read, understood, and agree to be bound by the policies, terms, and conditions set forth herein. If you do not agree to be bound by the Terms Of Use, do not access or use this Website.

This Terms of Use Agreement (“Agreement” or “Terms Of Use”) sets forth the agreement between Farmacist Healing, LLC (collectively, “Farmacist Healing”, “our”, or “we”) and each user (“you” or “user”) governing the use by you of this Website. By using this Website or by placing any purchase orders using the Website, you agree to abide by the terms and conditions set forth herein. Only upon acceptance of the terms contained herein, you will be entitled to submit electronic orders. Any violation of the terms will result in termination of your account.

This website is not intended for persons under 18 years of age.

NOT MEDICAL ADVICE

This Website is not intended to provide medical advice, diagnosis or treatment. The Products, information, Services and other content provided on and through this Website, including information that may be provided on the Website (directly or via linking to third-party sites by a healthcare or nutrition professional) are provided for informational purposes only. Please consult with your physician, pharmacist, or other healthcare professional (collectively, “Healthcare Professional”) regarding any medical or health-related diagnosis or treatment options.

The information provided on and through this Website and third party sites via links to said third party sites, including information relating to medical and health conditions, Products and treatments, is often provided in summary or cumulative form. To reiterate, it is not intended as a substitute for advice from your Healthcare Professional, or any information contained on or in any Product label or packaging. 

You should not use the information or Services on this Website for diagnosis or treatment of any health issue or for prescription of any medication or other treatment. You should always consult with your Healthcare Professional, and carefully read all information provided by the manufacturer of a Product and on or in any Product label or packaging, before using any medication or nutritional, herbal or homeopathic Product, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular Product may be significantly different from the way other people react to such Product. You should also consult your Healthcare Professional regarding any interactions between any medication you are currently taking and nutritional supplements.

ACCOUNT TERMS

You can access or view the prices, Product inventories, and submit purchase orders electronically without registering or establishing an account on this Website. However, you may be required to establish an account on this Website in order to take advantage of certain features of this Website. You are responsible for using the Website in a private and secure manner. We will not be liable for any damage or loss caused from any unauthorized account access resulting from your actions, such as not logging out of the account or sharing your account password. We reserve the right to refuse registration or cancel an account at any time.

ACCEPTABLE USE

You shall not do any of the following or permit any other third parties to do any of the following:

(a) Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, or profane information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, provincial, state, national or international law, including without limitation, export control laws and regulations;

(b) Post or transmit any information or software that the sender is aware contains a virus, worm, or other harmful component;

(c) Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material which is protected by copyright or other proprietary right, without obtaining the permission of the copyright owner or right holder;

(d) Account sharing, including, without limitation, letting third parties use your account and password.

ILLEGAL OR ABUSIVE USAGE IS STRICTLY PROHIBITED

You must not abuse, harass, threaten, impersonate, or intimidate other users of our Website. You may not use Farmacist Healing’s Services for any illegal or unauthorized purpose. International users agree to comply with all local laws (in addition to the laws of the United States and Texas) regarding online conduct and acceptable content. Should you be found to have engaged in illegal or abusive usage of our Website, Farmacist Healing will suspend your account or usage as applicable.

PRIVACY

Use of this Website is subject to the terms of our Privacy and Security Policy, which is hereby incorporated into and made part of this Agreement. Please carefully review our Privacy and Security Policy. By using this Website, you agree to be bound by the terms of our Privacy and Security Policy. We reserve the right, and you authorize us, to use information regarding your use of this Website, account registration, and any other personal information provided by you in accordance with our Privacy and Security Policy.

PURCHASES

If you make a purchase on our Website, your purchase will be subject to the terms of our Purchase Policy, which is hereby incorporated into and made part of this Agreement. Please review our Purchase Policy before making any such purchase. By submitting payment information in connection with any such purchase, you agree to be bound by the terms of our Purchase Policy.

SHIPPING AND HANDLING

If you make a purchase on our Website, your purchase will be subject to the terms of our Shipping And Handling Policy, which is hereby incorporated into and made part of this Agreement. Please review our Shipping And Handling Policy before making any such purchase. By submitting payment information in connection with any such purchase, you agree to be bound by the terms of our Shipping And Handling Policy.

NOTIFICATION OF TERMS OF USE AGREEMENT CHANGES

Farmacist Healing reserves the right to change or modify any of the terms contained in these Terms Of Use, at any time. Any such modifications or changes will immediately become effective upon posting of such changes. In such event, we will notify you of any material changes by updating the “Last Updated” line of our Terms Of Use Agreement, found near the top of said agreement. Your continued access or use of this Website will imply your full acceptance of the same. You are therefore responsible for regularly reviewing these Terms Of Use and additional terms or notices posted on the Website.

PAYMENT

You agree to pay the full price for all Products you purchase from the Website. We reserve the right to charge extra charges for your credit card for any Products purchased from the Website should any inconsistencies arise, including but not limited to credit card chargebacks. You are responsible for the timely payment of all fees and for providing us with a valid credit or debit card for payment of all fees.

ELECTRONIC COMMUNICATIONS

When you visit the Website or send any emails to us, you will be communicating electronically with us. By such electronic communication you agree to receive such communications from us electronically. You acknowledge that your electronic submissions constitute your agreement and your acceptance to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all transactions you enter into on the Website, and all records including notices of cancellation, policies, contracts, and applications.

COPYRIGHT AND LICENSES

This Website and the entire contents contained on this Website, including but not limited to: text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the sole and exclusive property of Farmacist Healing. All such contents and materials are protected by domestic and international copyright and trademark laws. You hereby agree not to modify, copy, reproduce, republish, upload, post, transmit, create any derivative works, or distribute any portion of the Website or any contents contained on the Website without the prior expressed written consent of Farmacist Healing.

TRADEMARKS

Farmacist Healing or Farmacist Healing, LLC and other Farmacist Healing graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of Farmacist Healing in the United States and/or other countries. Farmacist Healing’s trademarks and trade dress may not be used in connection with any Product or Service that is not Farmacist Healing’s in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Farmacist Healing. All other trademarks not owned by Farmacist Healing that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Farmacist Healing.

LICENSE

Farmacist Healing grants you a non-exclusive, non-transferable, limited license to access and make use of the contents or information available on the Website for your personal use and not to download or modify it, or any portion of it, except with the express written consent of Farmacist Healing. You may not reproduce, duplicate, adapt, copy, sell, resell, transmit or otherwise exploit for any commercial purpose this Website or any portion of this Website without the express written consent of Farmacist Healing. You agree not to interrupt or attempt to interrupt the operation of the Website in any way.

Farmacist Healing authorizes you to view and download the information and materials available on this Website only for your personal, non-commercial use. This authorization shall not constitute a transfer of title in and to the materials and is subject to the following restrictions: (a) you must retain, on all copies of the materials downloaded, all copyright and other proprietary notices contained in the materials; (b) you may not modify the materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and (c) you must not transfer the materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions.

DISCLAIMER OF WARRANTY/LIMITATION OF LIABILITY:

THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. FARMACIST HEALING MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FARMACIST HEALING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FARMACIST HEALING DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FARMACIST HEALING WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

FARMACIST HEALING USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. FARMACIST HEALING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, FARMACIST HEALING SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Farmacist Healing, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the Website from and against all losses, expenses, damages and costs, including any reasonable attorney’s fees, resulting from or arising from or relating to your use of or conduct on the Website, or any violation of these Terms Of Use (including negligent or wrongful conduct) by you or your use and access of the Website.

ENTIRE AGREEMENT

This Agreement constitutes the entire and only Agreement between Farmacist Healing and each user of this Website with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.

THIRD PARTY LINKS

For your convenience Farmacist Healing may provide links to third party websites operated by other entities on the Website. If you use such third party sites, you will leave this Website. If you decide to visit any linked third party website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Farmacist Healing does not make any warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the Products or Services described thereon. Any third party links do not imply that Farmacist Healing sponsors, endorses, is affiliated or associated with any linked third party websites.

APPLICABLE LAW

By visiting the Website, you agree that the laws of the State of Texas, without regard to principals of conflict of laws, will govern these Terms Of Use and any dispute of any sort that might arise between you and Farmacist Healing.

DISPUTES

Any dispute relating in any way to your visit or access of the Website or to the products you purchase through the Website shall be submitted to binding arbitration in El Paso, Texas. Arbitration under these Terms Of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms Of Use shall be joined to an arbitration involving any other party subject to these Terms Of Use, whether through class arbitration proceedings or otherwise.

CONFLICT OF TERMS

If there is a conflict or contradiction between the provisions of these Terms Of Use and any other relevant Terms Of Use, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

OTHER PROVISIONS

Farmacist Healing’s failure to insist upon or enforce strict performance of any provision of these Terms Of Use shall not be construed as a waiver of any provision or right.

Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms Of Use.

Farmacist Healing may assign its rights and duties under these Terms Of Use to any party at any time without notice to you.

If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.

CONTACT INFORMATION

If you have any questions regarding our Terms Of Use Agreement, please email us at Team@FarmacistHealing.com with the subject header “TERMS OF USE”. You may also reach us by regular mail at:

Farmacist Healing, LLC
ATTN: LEGAL
1113 Lott Avenue
Austin, TX 78721

™2013 Farmacist Healing, LLC. All rights reserved.