Terms of Use

MyRemedeMD TERMS OF USE

Last Revised: June 9, 2020

These terms of use (the “Terms of Use”) are entered into by and between you and MyRemedeMD Organics, Inc. (“MyRemedeMD,” “us,” “we,” or “our”) and govern your use of the website, MyRemedeMD.com, along with its related sites, pages, and content (collectively, the “Site”). Please read these Terms of Use carefully before you use the Site. By using the Site, you accept and agree to be bound and abide by these Terms of Use and our [Privacy Notice], incorporated herein by reference. By using this Site, you represent and warrant that you meet the below eligibility requirements and agree to these Terms of Use and our Privacy Notice. If you do not meet all of these requirements, you must not access or use the Site.

This Site is offered and intended for use by individuals who are:

• 21 years of age or older; and
• Residents of the United States of America.

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY ACCESSING THIS SITE, COMPLETING THE REGISTRATION PROCESS, CREATING AN ACCOUNT, AND/OR PURCHASING PRODUCTS FROM THE SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, AND (2) YOU ARE AT LEAST 21 YEARS OLD OR OLDER.

Changes to these Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site after the effective date of the changes. Your continued use of the Site following the posting of the revisions means that you accept and agree to the Terms of Use, as posted. You are expected to check this page from time to time when you access this Site so you are aware of any changes, as they are binding on you.

Accessing our Site and Maintaining Account Security

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of 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 the entire Site, to users.

To access the Site or some of the resources it offers, you may be asked to provide certain information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to this Site or otherwise, including account creation and registration, purchase orders, payment information, and through the use of any interactive features on the Site, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.

Intellectual Property

Copyright:

The entire content included in this Site, including the content, product descriptions and other information, text, graphics, features, functionality, and code are owned by MyRemedeMD, its affiliates, licensors, business partners, or third-party service providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Trademarks:

MyRemedeMD’s name, service marks, trademarks, trade names, slogans, packaging, and other designs used on or in connection with the MyRemedeMD’s products and Site are trademarks, registered trademarks, or other intellectual property of MyRemedeMD, its affiliates, or licensors. You will not use any of these marks or other brand features without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

These Terms of Use permit you to use the Site for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except that limited permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with MyRemedeMD or purchasing MyRemedeMD products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with MyRemedeMD or to purchase MyRemedeMD products. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. You may store files that are automatically cached by your web browser for display enhancement purposes. If we provide social media features with certain content, you may take such actions as are enabled by such features.

Any other use, including but not limited to the reproduction, distribution, display, publication, or transmission of the content of this site is strictly prohibited, unless previously authorized in writing by MyRemedeMD. You further agree not to: modify any materials from the Site; change, delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site; or access or use for any commercial purposes, other than as expressly authorized by us, any part of the Site or any services or materials available through the Site. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of these Terms of Use, your right to use the Site will cease immediately. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by MyRemedeMD. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Prohibited Uses of Site

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors or other individuals in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material, including any “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate MyRemedeMD, any of its affiliates, an employee of MyRemedeMD or any affiliate, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm MyRemedeMD or users of the Site or expose them to liability.

Additionally, you agree not to:

• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Site.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Site.

User Contributions

The Site may contain various interactive features at any given time (collectively, “Interactive Features”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on, from, or through the Site. All User Contributions must comply with the Content Standards listed below. Any User Contribution you post to the Site will be considered non-confidential and non-proprietary, including user and product reviews and questions. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, the perpetual and irrevocable right and license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third-parties any such material for any purpose, without notice, attribution, or compensation to you.

If you provide any User Contributions, you represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not MyRemedeMD, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third-party for the content or accuracy of any User Contributions posted by you or any other user of the Site.

Content Standards

MyRemedeMD has certain content standards (“Content Standards”) which apply to any and all User Contributions and use of Interactive Features. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Notice.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Monitoring of the User Contributions and Enforcement of the Content Standards; Termination

We have the right, but not the obligation, to:

• Remove or refuse to post any User Contributions for any or no reason, in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms of Use, including our Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for MyRemedeMD.
• Disclose your identity or other information about you to any third-party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
• Terminate or suspend your access to all or part of the Site for any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS MYREMEDEMD AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third-party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.

If you believe that any User Contributions or other content on the Site violates your copyright or other intellectual property rights, please notify us through the contact information provided below.

Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information on the Site. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

In the event that a MyRemedeMD product is mistakenly listed at an incorrect price, MyRemedeMD reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. MyRemedeMD reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, MyRemedeMD shall issue a credit to your credit card account in the amount of the incorrect price.

This Site may include content provided by third-parties, including materials provided by other users, vendors, and partners. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by MyRemedeMD, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of MyRemedeMD. We are not responsible, or liable to you or any third-party, for the content or accuracy of any materials provided by any third-parties.

Linking to the Site and Social Media Features

If appropriate, you may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

This Site may provide certain social media and other Interactive Features that enable you to:

• Link from your own or certain third-party websites to certain content on this Site.
• Send emails, posts, or other communications with certain content, or links to certain content, on this Site.
• Cause limited portions of content on this Site to be displayed or appear to be displayed on your own website or social media pages or certain third-party websites.

You must not cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

You must not take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.  We may disable all or any social media features and any links at any time without notice in our discretion.

Commercial Transactions

All transactions occurring or executed through the Site are subject to these Terms of Use and the Terms and Conditions for Online Sales, and may be further subject to additional terms and conditions and/or the terms and conditions imposed by the third-party facilitating the transaction. You should review all applicable terms and conditions imposed by us or third-parties before conducting a transaction.

Warranty Disclaimer

This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, MyRemedeMD disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. MyRemedeMD does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. MyRemedeMD does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

By purchasing products from this site, you accept all liability for the legality of purchasing these products in your state or jurisdiction. MyRemedeMD makes no claims as to the legality of these products in any area.

The statements made regarding the products on the Site have not been evaluated by the Food and Drug Administration. The efficacy of these products has not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure or prevent any disease. All information presented on the Site is intended for your informational use and is not meant as a substitute for or alternative to information from health care practitioners. If you are taking any medication or are under treatment for any disease, please consult your health care professional about potential interactions or other possible complications before using any product. The Federal Food, Drug and Cosmetic Act requires this notice.

Limitation of Liability

To the fullest extent allowed by applicable law, in no event will MyRemedeMD, its affiliates, licensors, or service-providers, be liable for any direct, indirect, special, incidental, or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if MyRemedeMD has been advised of the possibility of such damages.

Term; Termination

These Terms of Use are applicable to you upon your accessing the site and/or completing the registration or shopping process. These Terms of Use, or any part of them, may be terminated by MyRemedeMD without notice at any time, for any reason. The provisions relating to Intellectual Property, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

MyRemedeMD may deliver notice to you by means of email, a general notice on the site, or by other method permitted by these Terms of Use or MyRemedeMD’s other policies.

You may contact us with feedback, comments, requests for technical support, and other communications relating to the Site, subject to these Terms of Use and our Terms and Conditions for Online Sales:

By mail:                                                                                                                                                          

MyRemedeMD Organics, Inc.     
1411 Ford Road                                                                                                                                                                   
Bensalem, PA 19020

By email: [email protected]
By telephone:  717-388-3159
Via our Contact us form

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the Commonwealth of Pennsylvania, U.S.A., without regard to its choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of MyRemedeMD products) shall be in the state or federal courts located in Harrisburg, Pennsylvania. To the extent allowed by law, any cause of action or claim you may have with respect to the site (including but not limited to the purchase of MyRemedeMD products) must be commenced within one (1) year after the claim or cause of action arises. MyRemedeMD’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 of these Terms of Use. MyRemedeMD may assign its rights and duties under this Agreement to any party at any time without notice to you. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. These Terms of Use, our Privacy Notice, and our Terms and Conditions for Online Sales constitute the entire agreement between you and us regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

Indemnification

You agree to indemnify, defend, and hold harmless MyRemedeMD, its affiliates, and its and their officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages, costs, claims, and judgments, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site or ordering products using your MyRemedeMD account.

Third-Party Links

In an attempt to provide increased value to our visitors, MyRemedeMD may link to sites operated by third parties. However, even if the third party is affiliated with MyRemedeMD, MyRemedeMD has no control over these linked sites, all of which have separate privacy and data collection practices, independent of MyRemedeMD. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, MyRemedeMD seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).