This Site is offered and available to users who are at least 18 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with AHPM and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
No Medical or Health Care Advice
THE SITE AND THE SERVICES OR PRODUCTS OFFERED ON OR THROUGH THE SITE DO NOT PROVIDE PROFESSIONAL MEDICAL OR OTHER PROFESSIONAL HEALTH CARE ADVICE. NO CONTENT ASSOCIATED WITH THE SITE AND THE SERVICES OR PRODUCTS OFFERED ON OR THROUGH THE SITE SHOULD BE CONSTRUED AS OR USED AS A SUBSTITUTE OR REPLACEMENT FOR ANY FORM OF MEDICAL OR HEALTH CARE ADVICE, PROFESSIONAL SERVICES, OR RECOMMENDATIONS. THE SITE AND THE SERVICES OR PRODUCTS OFFERED ON OR THROUGH THE SITE ARE NOT INTENDED TO CONSTITUTE (I) THE PRACTICE OF MEDICINE OR THE PROVISION OF HEALTHCARE DIAGNOSIS OR TREATMENT, (II) THE CREATION OF A DOCTOR-PATIENT RELATIONSHIP, OR (III) AN ENDORSEMENT, RECOMMENDATION, OR SPONSORSHIP FOR ANY MEDICAL SERVICES.
Accessing the Site and Account Security
We reserve the right to withdraw or amend the Site and any services or products offered on or through the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site or any services or products offered on or through the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site or certain services or products offered on or through the Site, to users, including registered users.
You are responsible for:
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or any services or products offered on or through the Site using your user name, password or other security information. You agree to Contact Us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (collectively “Materials”) and any services or products offered on or through the Site, are owned by AHPM, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Unless otherwise specified herein, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of AHPM. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Certain areas of the Site (e.g. blogs, chat rooms or customer ratings and review areas) may permit you to submit feedback information, data, text, software, messages, or other materials (each, a “User Submission”). You agree that you are solely responsible for all of your User submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, we do not guarantee that you will be able to edit or delete any User Submission you have submitted.
By submitting any User Submission, you are agreeing that:
By submitting a User Submission, you grant to us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:
We may, but are not obligated to, pre-screen User Submissions or monitor any area of the Site through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through this Site and may remove at any time or refuse any User Submissions for any reason. We are not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, you agree that we may freely disclose your User Submission to any third party absent any obligation of confidential treatment on the part of the recipient.
By using and making purchases of products offered on or through the Site, you consent to receiving electronic communications from AHPM. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and any services or products offered on or through the Site. These electronic communications are part of your relationship with AHPM. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Additionally, you agree not to:
AHPM may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at AHPM’s discretion, AHPM will cooperate with law enforcement agencies in any investigations of alleged illegal activity on this Site or on the internet.
You agree to indemnify and hold AHPM and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) AHPM or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Site violates any applicable law or regulation, or the copyrights, trademark rights, or other rights of any third-party.
Information About You and Your Visits to the Site
Links to Third-Party Sites
We reserve the right to charge a fee for any products or services offered on or through the Site and may change any such fees at any time. Failure to pay any such fees may result in, among other things, immediate termination of any products or services offered on or through the Site or our exercise of any other rights available to us at law or in equity.
AHPM controls and operates this Site from its headquarters in the United States of America and the products or services offered on or through the Site, as well as the Materials, may not be appropriate or available for use in other locations. We make no claims that the Site or any of its content or any services or products offered on or through the Site is accessible or appropriate outside of the United States of America. If you access the Site from outside the United States of America, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
Your use of this Site, Materials, and any products or services offered on or through the Site, is at your own risk. The Materials have not been verified or authenticated in whole or in part by AHPM, and they may include inaccuracies or typographical or other errors. AHPM does not warrant the accuracy or timeliness of the Materials contained on this Site. AHPM has no liability for any errors or omissions in the Materials, whether provided by AHPM, our licensors, or supplier or other users.
AHPM, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES AND PRODUCTS OFFERED THROUGH THIS SITE, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES AND PRODUCTS OFFERED THROUGH THIS SITE, AND THE MATERIALS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. AHPM DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation on Liability and Damages
Dispute Resolution and Arbitration; Class Action Waiver
Please read the following (this “Provision”) carefully. It affects your rights.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by Contacting Us. This Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and AHPM. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
Please read this Provision carefully. It provides that all Disputes between you and AHPM shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into these Terms constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these terms and can award the same damages and relief as a court (including attorney’s fees).
For the purpose of this Provision, “AHPM” means American Health Products Manufacturing, LLC and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and AHPM regarding, arising out of or relating to any aspect of your relationship with AHPM, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable cause of action or claim for relief, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as AHPM’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give AHPM an opportunity to resolve the Dispute. You must commence this process by e-mailing or mailing through 1st class mail, written notification to the addresses set forth in our Contact Information provided below. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If AHPM does not resolve the Dispute within 60 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or AHPM may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”). You may opt out of this Provision by e-mailing or mailing through 1st class mail, written notification to the addresses set forth in our Contact Information provided below. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with AHPM through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with AHPM. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or AHPM may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative action procedures or rules apply to the arbitration.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Payment of Arbitration Fees and Costs – The prevailing party to the arbitration shall be entitled to recover from the other party all reasonable costs and expenses of the arbitration, including attorneys’ fees and costs, filing fees, court reporter costs, expert witness fees, and all other arbitration costs and expenses.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and AHPM specifically agree to do so in writing following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Site can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
Waiver, Severability, and Entire Agreement
If you send or transmit any communications, comments, questions, suggestions, or related materials to us, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site or any services or products offered through the Site, all such Feedback is, and will be treated as, non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in such Feedback to us, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant Us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as We may determine in our sole discretion. You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
California Consumer Notice
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Site is provided by American Health Products Manufacturing, LLC. If you have purchased anything from the Site, a description of what you have purchased and relevant pricing information are posted as part of the ordering process for this Site (please consult your individual purchase confirmation e-mail for the charges you incurred). If you have a question or complaint regarding the Site, please Contact Us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or TDD (800) 326-2297 or TDD (916) 322-1700.
If you have any questions, feedback, comments, requests for technical support and other communications relating to the Site or any services or products offered on or through the Site, please Contact Us.
We can also be reached at the following:
American Health Products Manufacturing
205 N. Michigan Ave, Suite 810, Chicago, IL 60601
Phone Number: 847-729-9200
Email: [email protected]
Thank you for visiting the Site.
This policy does not apply to information collected by: AHPM offline or through any other means, including on any other website operated by AHPM or any third party; including through any third party application or content (including advertising) that may link to or be accessible from or on the Site.
COLLECTION OF YOUR INFORMATION
AHPM may collect information about you in a variety of ways, including information:
The information AHPM may collect on the Site includes:
Personal Data. Personally identifiable information, such as your name, shipping address, email address, and telephone number, and demographic information, such as your age, gender, hometown, and interests, that you voluntarily give to us when you register with the Site or choose to participate in various activities related to the Site, such as online chat and message boards. You are under no obligation to provide us with personal information of any kind, however your refusal to do so may prevent you from using certain features of the Site.
Derivative Data. Information our servers automatically collect when you access the Site, such as your IP address, your browser information, your operating system, your access times, and the pages you have viewed directly before and after accessing the Site. If you are using our mobile application, this information may also include your device name and type, your operating system, your phone number, your country, your likes and replies to a post, and other interactions with the application and other users via server log files, as well as any other information you choose to provide.
Mobile Device Data. Device information, such as your mobile device ID, model, and manufacturer, and information about the location of your device, if you access the Site from a mobile device.
Third-Party Data. Information from third parties, such as personal information or network friends, if you connect your account to the third party and grant the Site permission to access this information.
Data From Contests, Giveaways, and Surveys. Personal and other information you may provide when entering contests or giveaways and/or responding to surveys.
USE OF YOUR INFORMATION
Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, AHPM may use information collected about you via the Site to:
DISCLOSURE OF YOUR INFORMATION
AHPM may share information it has collected about you in certain situations. Your information may be disclosed as follows:
By Law or to Protect Rights
If AHPM believes the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of its policies, or to protect the rights, property, and safety of others, AHPM may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.
Third-Party Service Providers
AHPM may share your information with third parties that perform services for us or on its behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.
With your consent, or with an opportunity for you to withdraw consent, AHPM may share your information with third parties for marketing purposes, as permitted by law.
Interactions with Other Users
If you interact with other users of the Site, those users may see your name, profile photo, and descriptions of your activity, including sending invitations to other users, chatting with other users, liking posts, following blogs.
When you post comments, contributions or other content to the Site, your posts may be viewed by all users and may be publicly distributed outside the Site in perpetuity.
AHPM may use third-party advertising companies to serve ads when you visit the Site. These companies may use information about your visits to the Site and other websites that are contained in web cookies in order to provide advertisements about goods and services of interest to you.
AHPM may share your information with its business partners to offer you certain products, services or promotions.
Social Media Contacts
If you connect to the Site through a social network, your contacts on the social network will see your name, profile photo, and descriptions of your activity.
Other Third Parties
AHPM may share your information with advertisers and investors for the purpose of conducting general business analysis. AHPM may also share your information with such third parties for marketing purposes, as permitted by law.
Sale or Bankruptcy
Cookies and Web Beacons
Cookies are alphanumeric identifiers that transfer to your device’s hard drive through your web browser for record-keeping purposes. Some cookies allow AHPM to make it easier for you to navigate its Website, while others are used to enable a faster log-in process or to allow AHPM to track your activities at its Website. There are two types of cookies: session and persistent cookies.
Most browsers are set to accept cookies by default. You can remove or reject cookies, but be aware that such action could affect the availability and functionality of the Site. You should also be aware that getting a new computer, installing a new browser, upgrading an existing browser, or erasing or otherwise altering your browser’s cookies files may also clear certain opt-out cookies, plug-ins, or settings.
Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web and mobile application pages. AHPM may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with its Site to, among other things, track the activities Site visitors, help us manage content, and compile statistics about Site usage. AHPM and its third party service providers also use clear GIFs in HTML e-mails to its customers, to help it track e-mail response rates, identify when its e-mails are viewed, and track whether its e-mails are forwarded. You may not decline web beacons. However, they can be rendered ineffective by declining all cookies or by modifying your web browser’s settings to notify you each time a cookie is tendered, permitting you to accept or decline cookies on an individual basis.
Third Party Website Analytics
SECURITY OF YOUR INFORMATION
AHPM uses administrative, technical, and physical security measures to help protect your personal information. While AHPM has taken reasonable steps to secure the personal information you provide to us, please be aware that despite AHPM’s efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, AHPM cannot guarantee complete security if you provide personal information any transmission of personal information is at your own risk.
The safety and security of your information also depends on you. Where AHPM has given you (or where you have chosen) a password for access to certain parts of its Site, you are responsible for keeping this password confidential and not sharing your password with anyone.
POLICY FOR CHILDREN
AHPM does not knowingly solicit information from or market to children under the age of 13. If you become aware of any data AHPM has collected from children under age 13, please Contact Us.
CALIFORNIA DOES NOT TRACK NOTICE
If you have any questions regarding AHPM’s Do Not Track Notice you may Contact Us.
CALIFORNIA SHINE THE LIGHT LAW
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits AHPM users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) AHPM disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which AHPM shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please Contact Us. AHPM does not provide your information to third parties for direct marketing purposes.
If you are under 18 years of age, reside in California, and have a registered account with the Site, you have the right to request removal of unwanted data that you publicly post on the Site. To request removal of such data, please Contact Us, and include the email address associated with your account and a statement that you reside in California. AHPM will make sure the data is not publicly displayed on the Site, but please be aware that the data may not be completely or comprehensively removed from its systems.
OPTIONS REGARDING YOUR INFORMATION
AHPM strives to provide you with choices regarding the personal information you provide to us. You can always choose not to submit your information to AHPM, but if you do not submit the information requested, you may not be able to access many of the products, services, and features that AHPM offers.
You may at any time review or change the information in your account or terminate your account by:
Emails and Communications
If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by:
If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly.
You may also reach us at the following:
American Health Products Manufacturing
205 N. Michigan Ave, Suite 810, Chicago, IL 60601
Phone Number: 847-729-9200
Email: [email protected]