Get Your Life BackTry Supple For 14 Days FREE
Strict limit of one free trial per household
Supple® works miraculously because it delivers the right clinically proven effective key ingredients and dosages from the best ingredient sources in the world. No other supplement has more clinical evidence than the pharmaceutical strength key ingredients in delicious Supple® for safe, natural joint relief and for improving mobility and flexibility.
Doctors from around the world prescribe the key ingredients in Supple® as the first line of treatment for their patients with joint problems. Why? Because these agents have been clinically proven effective and safe to use in over 55 human clinical trials and thousands of independent scientific studies conducted over 35 years.
In a United Nations and World Health Organizations sanctioned review of all treatments for joint problems, only a pharmaceutical strength dosage of the key ingredients in Supple® received the highest level of recommendation for the relief of chronic joint symptoms and for joint structure preservation.
Supple® tastes great and delivers doctor prescribed, pharmaceutical strength dosages of the natural key ingredients chondroitin and glucosamine that are clinically proven to be safe, reduce joint and back discomfort, repair and preserve cartilage, improve joint mobility, and reduce fluid accumulation. Additional ingredients also help reduce muscle discomfort, increase bone and muscle strength, reduce fatigue and risk of falling, preserve cartilage, enhance joint function, and neutralize destructive free radicals.
We are so confident that you will love Supple® products that we offer an incredible 30 day money back guarantee. Try our Supple® products for 30 days and if you are not completely satisfied for any reason, call our customer service within 30 days of receipt of your first order and we will get you your money back, less processing and handling.
Supple® has proven ingredients, a great taste, loyal customers, and a 30 day guarantee. So give it a try, you have got nothing to lose!
Strict limit of one free trial per household
◊Based on the highest level of recommendation for key prescription strength ingredients by Europe’s leading physicians, researchers, orthopedic specialists, and rheumatologist medical experts. All published clinical research for all joint health therapies was reviewed in the European Community Bone and Joint Health Strategies Project for the purpose of reducing the burden of musculoskeletal conditions in Europe.
The statements made in this email have not been evaluated by the U.S. Food & Drug Administration. Our products are not intended to diagnose, cure or prevent any disease. The information provided on this email and website is intended for your general knowledge only and is not a substitute for professional medical advice or treatment for specific medical conditions. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition. Never disregard medical advice or delay in seeking it because of something you have read in a Supple® email or on our website. Everyone’s body is different and results may vary.
CloseI really wanted you to know how great your product is. Despite extensive therapy for my neck, my discomfort started coming back and kept getting progressively worse. I tried to get into the neck specialist but had to wait 2 1/2 months to see him. I am an avid golfer so the discomfort was making it very difficult to enjoy my favorite activity. I started seeing a chiropractor and taking over-the-counter agents every day. It helped but very little. I heard about your product on television and I was desperate so I ordered it. Within 3 days I noticed a difference and within 2 weeks I had very little discomfort. THIS STUFF IS AMAZING. My chiropractor said it is a good product because it goes directly to the joints and because it is so pure. It has made it possible for me to continue my golf tournaments. I normally don't fall for these gimmicks, but I am sure glad I fell for this one. Thank You!
CloseMy 20 year old daughter was attacked with an infection in her joints in January. As a result of the de-conditioning, she wasn't able to work for 4 months afterwards and she was never totally comfortable. She didn't take her usual remedies the day her Supple® shipment arrived and she hasn't taken them since. Within 24 hours, all stiffness was gone and she was walking properly. The only discomfort left after 3 weeks is in the site of origin that started her 8 month ordeal. She started a new job after 2 weeks - no time for sitting except on break. She's doing and feeling great. She starts college in September. I can't imagine what it's like for people going through worse ordeals. We are very relieved parents of a very relieved daughter and are getting ready to set up our own shipment of Supple®.
CloseTen years ago this December I had a total left hip replacement at the age of 51. Everything was basically fine after that until about a year ago when my right hip started talking to me a little. I saw your ad on TV while channel surfing late one night and decided I'd put your claims about Supple to the test. Ten days have passed since my first can and I can tell you with all sincerity and thankfulness that I am walking and golfing with no problem. Even my hands, which are stiff when I awake each morning are greatly improved. My expectations are that as I continue with Supple I will experience even greater success with relief everywhere in my body. I tell you all this because just two days ago I was diagnosed with stage 3 chronic kidney disease. The doctor says my condition was caused by all the anti-inflammatory drugs (prescription and non-prescription) that I have taken over the years. I only wish I had known about Supple ten years ago! But it's never too late, I feel great and I plan to tell the whole world about it.
At Supple, LLC (“Supple”), we are committed to protecting your privacy, and will not share your information if you have asked us not to do so.
Personal Information Policy
When you place an order on our site, we collect your name, e-mail address, mailing address, credit card number, and expiration date. When you register for membership on our site, we may also collect your basic health profile information when you actively give us such information.
The information we collect when you place an order or register for membership on our site allows us to process and fulfill your order and to notify you of your order status. We also use this information to occasionally notify you about important functionality changes to the web site, new Supple services, and special offers we think you'll find valuable.
Health and age information allows Supple to evaluate your self-reported health status to determine basic program eligibility. You will be notified at registration if your profile excludes you from participation in the plan.
We may use the personal information we collect from you for any of the following purposes: (1) to fulfill your requests for products and services; (2) to provide you with offers (3) to contact you when necessary; (4) to review site usage and operations; (5) to address problems with the site, our business or our products and services; and (6) to protect the security or integrity of the site and our business.
Your information may be shared with reputable third party associates of Supple unless you have expressly asked us not to, the law requires it, or to protect the rights or property of Supple.
Supple does not share payment information with third parties.
Supple periodically asks members to participate in online surveys or fill out online questionnaires concerning topics such as the effectiveness of our products, advertising effectiveness and customer satisfaction. All surveys and questionnaires are optional and the information collected will not be associated with any user's personal information. Information gathered may be shared with third parties in order to improve customer satisfaction and program effectiveness. No personal information of any user will be connected to survey or questionnaire results.
When you register, we gather web traffic information via “cookies.” Cookies are small pieces of digital information stored by your browser on your computer and tracks initial and returning visits, browsing patterns on our site, and products ordered or viewed. Our cookies do not contain personally identifying information, but they enable us to identify you as a repeat visitor and help us personalize your online experience. You need to have cookies enabled on your computer in order to use our site.
Web Beacons, Pixel Tags, and 3rd Party Cookies
Supple, or third parties engaged by us, may use web beacons on some pages of this site. A web beacon (also known as a pixel tag or clear GIF) is a graphic image which is used to better understand the browsing patterns of visitors to the page.
When the HTML code for the web beacon points to a site to retrieve the pixel image, information can be passed along such as the IP address of the computer that requested the image, the time the web beacon was viewed and for how long, the type of browser that was used, and previously set cookie values. Web beacons DO NOT pass or read personally identifiable information about you.
Web beacons work in conjunction with cookies set by trusted third parties that are used to assess the effectiveness of particular promotional campaigns or to optimize advertising once a user leaves a website. View your browser's help section to determine how to configure your browser to reject or manage first party (i.e., Supple) and/or third party cookies. Supple shares aggregated information collected through web beacons to vendors for which the beacon was set to determine the success of marketing campaigns, but does not disclose personally identifying information to these vendors.
How does Supple protect customer information?
Protecting your information is important to us. We use the industry standard technology to protect the security of your information. We have taken certain physical, electronic, contractual and managerial steps designed to safeguard the information we collect from you. Unfortunately, no data transaction over the Internet can be guaranteed to be 100% secure.
How does Supple use third party information it collects?
From time to time, we collect third party email addresses or other contact information from our users and customers so that we may send information to their friends and family on an as-requested basis. For example, we collect email addresses when a customer provides us with that information so that we may send out Referral Coupons. We also require same when users utilize certain functions such as “email this to a friend” features.
Will Supple disclose the information it collects to outside parties?
Supple shares information with third party intermediaries for shipping and billing purposes and with other third party intermediaries that provide a service for Supple to help us operate our business and the Site or administer activities on our behalf. These companies do not retain personal information or share it with any other parties. These companies may include United Parcel Service, Federal Express, Visa, MasterCard, Discover, and American Express and others.
Supple may provide aggregate statistics about our customers, sales, traffic patterns, and related site information to reputable third-party vendors.
Supple may also disclose your personal information to third parties in certain limited circumstances, as follows: (1) as necessary if we believe that there has been a violation of our site Terms and Conditions, of the law, of our rights or of the rights of any third party; (2) to respond to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law; and (3) if our company or substantially all of its assets are acquired, your personal information may be one of the transferred assets. (4) If you have given permission for us to share your account information with other members of your household.
Our Bulletin Boards, Social Media Pages, Chat Rooms & User Blogs
Our program provides support through bulletin boards, chat rooms (support groups), social media pages and blogs. This format gives our members the opportunity to interact with each other. These areas are moderated to help keep inappropriate messages from being posted. You are offered the opportunity to include your e-mail address with your message, but you are not obligated to do so. Please keep in mind that whenever you voluntarily disclose personal information online (whether it is on message boards, through e-mail, in meeting rooms, on social media pages or in blogs) your information can be collected and used by others. In short, if you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. We cannot control the actions of any third parties. We will not sell or share with any third parties your e-mail address or any other personally identifying information from our bulletin boards, social media pages, chat rooms or blogs. We reserve the right to copy and post both within the Supple websites and any social media outlets through which we are engaged, any comments, pictures or other information you post on the bulletin boards, social media pages, chat rooms, blogs, or elsewhere on the Supple community website, without any further notice to you or any remuneration therefore.
A Special Note to Parents
Supple only allows the participation of persons 18 years and older. For parents interested in helping children, please consult a physician.
Your Consent and Notification of Change
By using our web site, telephone consultation, or mailing in requests for information you consent to the collection and use of your information by Supple. If at some point in the future, there is a material change to our information usage practices that affect your personally identifiable information, we will notify you by e-mail. At the time of this message, you will be able to opt-out of the new information usage by sending a message to the following e-mail: firstname.lastname@example.org. You should check this posted privacy statement for changes.
If a user wishes to subscribe to our newsletter, we ask only for an individual's email address. Out of respect for our users' privacy we provide a way to opt-out of these communications.
To make changes to any of your personal information, including name, username, password, shipping address, and telephone number, you can click in the My Account section of the website or call Supple at 1-866-219-6371. Household members may not make changes to your account information, or cancel or renew your account without your express permission. If you have not already indicated your permission for household members to access your account at the time you placed your first order, please call 1-866-219-6371.
Tell Us What You Think
Supple welcomes your questions and comments about privacy. Please send e-mail to: email@example.com.
355 Byrd Avenue
Neenah, WI 54956
Supple® Powder 14 Day Trial - Terms of Offer
Any statements on this site or any materials or supplements distributed or sold by Supple, LLC have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease. If you are pregnant, nursing, taking medication, or have any medical condition. We suggest consulting with a physician before using any of our products. The results on all products will vary and not everyone will experience the same results.
How Does the Trial Offer with Auto-Ship Work?
You must pay a shipping and handling fee of $9.95 for us to send you a 14 day trial supply of Supple® Powder. We typically ship the product the day after you place your order (except that orders placed Friday-Sunday will be shipped the following Monday). We allow up to 4 days for you to receive the trial supply. Thus, in order for you to have 14 days to try the product, we consider the end date for your trial period to be 18 days after you place your order, which is 14 days plus 4 days for processing and transit.
If you do not call customer service to cancel within 18 days of ordering your trial, you will be charged $109.95 plus $19.95 P/H per 60 day supply plus any applicable tax tax to the card you used to place your trial order. You will also be enrolled in our auto-ship program. See details below.
Unless you cancel before the end of your trial period as specified above (within 18 days after placing your order), you will automatically be enrolled in our Auto-Ship program. We will ship your first 60-day supply of Supple® Powder at the end of your trial period, and you will be charged $109.95 plus $19.95 P/H per 60 day supply plus any applicable tax tax. Thereafter, you will continue to receive a fresh 60-day supply of Supple® Powder about every 60 days for as long as you stay a member of our auto-ship program. The card you provided when you ordered the trial product will be automatically charged $109.95 plus $19.95 P/H per 60 day supply (plus tax if applicable) when each new product ships. To cancel future shipments in the auto-ship program, you must call 1-866-550-7555 at least 1 day prior to the date that your next monthly delivery ships.
The Supple® Guarantee:
We are so confident that you will love Supple® products that we offer this incredible money back guarantee: Try our Supple® products for 30 days. If you are not completely satisfied for any reason, call Customer Service at 1-866-219-6371 within 30 days of receipt of your first order to obtain a Return Authorization Number (RMA#). Return the unused portion of your purchase in the original box within 10 days of the RMA # issuance, write the RMA # on the outside of the return package and we will give you a full refund of your purchase price, less P&H. This money back guarantee applies to a return on one first time purchase per person. No group or organization requests are allowed. Fraudulent, incomplete or illegible requests will not be honored.
Be sure to clearly write the return merchandise authorization (RMA) number on the outside of the box. Our shipping department is NOT allowed to accept any packages without an RMA number. We are not responsible for returns that never arrive at our facility. We will not accept or issue a refund for any packages marked return to sender, C.O.D or refused. To ensure proper credit to your account, we recommend that you use the return UPS label included in your original package for shipment. Return shipping costs are the responsibility of the customer. Please save your shipping receipt and your tracking information until your return is processed. Please indicate the reason for your return, include the packing slip that came with your order, and wrap the package securely. If you do not have your packing slip, please indicate the order number on a separate piece of paper, enclose in the package and send the package to the following address: Supple, LLC Returns Dept - (Your RMA#), 355 Byrd Avenue, Neenah WI 54956.
Upon receipt of your returned product with a valid RMA number, a refund will be issued to your credit card or via check if needed. After the shipping department receives your return, it generally takes 3-5 business days or less to process your refund. Once a return is processed, it can take up to one billing cycle for this return to be posted to your account, depending on your financial institution.
The charge on your credit card statement will appear as SUPPLE products. If you paid by electronic check (E-check), the charge on your bank statement will appear as SUPPLE products.
One or more of the products purchased may be on our Supple® auto ship program, which qualifies you for substantial savings. Your packing list will clearly indicate if you have agreed to participate in the auto ship program. Rest assured, we will only apply payment for product we have shipped and you can cancel at any time.
TERMS OF SERVICE
This Terms of Service ("TOS") is a legally binding agreement made by and between Supple LLC ("we" or "us") and you, personally and, if applicable, on behalf of the entity for whom you are using this web site (collectively, "you"). This TOS governs your use of the Supple web sites ("Web Site") and the services we offer on the Web Site ("Services"), so please read it carefully.
BY ACCESSING OR USING ANY PART OF THE WEB SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS TOS. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE WEB SITE.
INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES, AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS TOS AT ANY TIME. YOUR CONTINUED USE OF THE WEB SITE CONSTITUTES ASSENT TO ANY NEW OR MODIFIED PROVISION OF THIS TOS THAT MAY BE POSTED ON THE WEB SITE.
Using the Web Site
(a) Eligibility. Except as expressly provided below, Services may only be used by, and Membership is limited to, individuals who can form legally binding contracts under applicable law. Without limitation, minors are prohibited from becoming Members and, except as specifically provided below, using fee-based Services. Membership is defined by engaging in a purchase agreement with Supple LLC wherein you, the consumer purchase one of the products found on the Web Site.
(b) Compliance. You must comply with all of the terms and conditions of this TOS, the policies referred to below, and all applicable laws, regulations and rules when you use the Web Site.
(c) License and Restrictions. Subject to the terms and conditions of this TOS, you are hereby granted a limited, non-exclusive right to use the content and materials on the Web Site in the normal course of your use of the Web Site. You may not use any third party intellectual property without the express written permission of the applicable third party, except as permitted by law. The Website will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of this TOS or otherwise, except as expressly set forth in this TOS. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Web Site, except as expressly set forth in this TOS. You may not attempt to reverse engineer any of the technology used to provide the Services.
(d) Prohibited Conduct. In your use of the Web Site and the Services, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the Services, the Web Site or any web sites linked to the Web Site; (iii) interfere with or damage the Web Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user's account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) the Website or create or use a false identity; (v) attempt to obtain unauthorized access to the Web Site or portions of the Web Site that are restricted from general access; (vi) engage, directly or indirectly, in transmission of "spam," chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Web Site or the Services; (viii) use any meta tags or any other "hidden text" utilizing the Supple® name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Website; (x) engage in any activity that interferes with any third party’s ability to use or enjoy the Web Site or Services; or (xi) assist any third party in engaging in any activity prohibited by this TOS.
e) Other Users. If you become aware of any conduct that violates this TOS, we encourage you to contact Customer Service. We reserve the right, but will have no obligation, to respond to such communications.
(a) License. By posting, storing, or transmitting any content on or to the Website, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and sublicense such content in any form, in all media now known or hereinafter created, anywhere in the world. You hereby irrevocably waive any claims based on moral rights or similar theories, if any.
(b) Objectionable Content. We do not have the ability to control the nature of the user-generated content offered through the Web Site. You are solely responsible for your interactions with other users of the Web Site and any content that you post. We will not be liable for any damage or harm resulting from any content or your interactions with other users of the Web Site. We reserve the right, but have no obligation, to monitor interactions between you and other users of the Web Site and take any other action to restrict access to or the availability of any material that we or another user of the Web Site may consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable (including, without limitation, because it violates this TOS).
Accuracy of Information
We attempt to ensure that the information on the Web Site is complete and accurate; however, this information may contain typographical errors, pricing errors, and other errors or inaccuracies. We assume no responsibility for such errors and omissions, and reserve the right to: (i) revoke any offer stated on the Web Site; (ii) correct any errors, inaccuracies or omissions; and (iii) make changes to prices, content, promotions, product descriptions or specifications, or other information on the Web Site.
If you purchase any products available on the Web Site ("Products"), you will be responsible for paying any applicable sales tax indicated on the Web Site.
We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any Web Site order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
Intellectual Property Rights
(a) Copyright. All materials on the Web Site, including without limitation, the logos, design, text, graphics, other files, and the selection and arrangement thereof are either owned by us or are the property of our suppliers or licensors or other companies. You may not use such materials without permission.
(b) Trademarks. Supple® is a trade name we or related parties own. The related design marks, and other trademarks on the Web Site are owned by us or related parties. Page headers, custom graphics, button icons and scripts are trademarks or trade dress we or related parties own. You may not use any of these trademarks, trade dress, or trade names without our express written permission.
Third Party Websites
The Web Site may contain links to other websites on the Internet that are owned and operated by third parties. We do not control the information, products or services available on these third party websites. The inclusion of any link does not imply our endorsement of the applicable website or any association with the website’s operators. Because we have no control over such websites and resources, you agree that we are not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Website, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that we shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
Linking and Framing
You may not deep link to portions of the Web Site, or frame, inline link, or similarly display any of our property, including, without limitation, the Web Site. You may not use any of our logos or other trademarks as part of a link without express written permission.
All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the Web Site will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory. You will, at our cost, execute any documents to effect, record, or perfect such assignment. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make.
You agree to defend, indemnify and hold Supple, LLC, the Web Site, and its subsidiaries, affiliates, and their directors, officers, agents, members, shareholders, co-branders or other partners, employees, and Advertising Partners harmless from any liabilities, losses, actions, damages, claims or demands, including reasonable attorneys fees, costs and expenses, made by any third party directly or indirectly relating to or arising out of (a) content you provide to the Web Site or otherwise transmit or obtain through the Service, (b) your use of the Service, (c) your connection to the Service, (d) your violation of this Agreement, (e) your violation of any rights of another or (f) your failure to perform your obligations hereunder. If you are obligated to provide indemnification pursuant to this provision, we may, in our sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without our consent.
DISCLAIMERS, EXCLUSIONS AND LIMITATIONS
(a) DISCLAIMER OF WARRANTIES. WE PROVIDE THE WEB SITE, THE PRODUCTS, AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS, THE WEB SITE, THE SERVICES, ITS USE, ANY INFORMATION ON IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TOS, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
(b) DISCLAIMER OF FORWARD-LOOKING STATEMENTS. THIS WEB SITE MAY CONTAIN FORWARD-LOOKING STATEMENTS THAT REFLECT OUR CURRENT EXPECTATION REGARDING FUTURE EVENTS AND BUSINESS DEVELOPMENT. THE FORWARD-LOOKING STATEMENTS INVOLVE RISKS AND UNCERTAINTIES. ACTUAL DEVELOPMENTS OR RESULTS COULD DIFFER MATERIALLY FROM THOSE PROJECTED AND DEPEND ON A NUMBER OF FACTORS, SOME OF WHICH ARE OUTSIDE OUR CONTROL.
(c) HEALTH RELATED INFORMATION. WE PROVIDE INFORMATION ON THE WEB SITE FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THE ADVICE OF A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE FOR DIAGNOSING OR TREATING A MEDICAL CONDITION. YOU SHOULD CAREFULLY READ ALL PRODUCT INSTRUCTIONS PRIOR TO USE.
(d) PRODUCTS. ALL PRODUCTS ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS, IF ANY, PROVIDED IN THE PRODUCT PACKAGING. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
(e) EXCLUSION OF DAMAGES. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEB SITE OR PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
(f) LIMITATION OF LIABILITY. IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS TOS (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE WEB SITE, OR THE PRODUCTS) EXCEED THE GREATER OF $100 OR THE AMOUNT THAT YOU PAID FOR THE PRODUCTS.
You acknowledge and understand that if the Web Site is unable to provide the Products as a result of a force majeure event the Website will not be in breach of any of its obligations towards You under these Terms of Service. A force majeure event means any event beyond the control of the Web Site. THE WEB SITE SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.
Domestic Use; Export Restriction
We control the Web Site from our offices within the United States of America. We make no representation that the Web Site or its content (including, without limitation, any products or services available on or through the Web Site) are appropriate or available for use in other locations. Users who access the Web Site from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Web Site may be downloaded in violation of United States law.
All disputes arising out of or relating to this TOS (including its formation, performance or alleged breach) or your use of the Web Site will be exclusively resolved under confidential binding arbitration held in Boston, Massachusetts before and in accordance with the Rules of the American Arbitration Association. The arbitrator’s award will 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 this TOS will be joined to an arbitration involving any other party subject to this TOS, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal court located in Boston, Massachusetts to enforce this TOS or prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.
WAIVER OF CLASS ACTION RIGHTS
BY ENTERING INTO THIS TOS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS TOS MUST BE ASSERTED INDIVIDUALLY.
Limitation of Actions
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Web Site, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
Modification of Terms of Service
We will have the right to terminate your access to the Web Site if we reasonably believe you have breached any of the terms and conditions of this TOS. Following termination, you will not be permitted to use the Web Site and we may, in our discretion, cancel any outstanding Product Orders. If your access to the Web Site is terminated, we reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the Web Site, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider. This TOS will survive indefinitely unless and until we choose to terminate it, regardless of whether any account you open is terminated by you or us or if you have the right to access or use the Web Site.
This TOS contains the entire understanding between you and us regarding the use of the Web Site, and supersedes all prior and contemporaneous agreements and understandings between you and us relating thereto.
This TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Wisconsin without regard for conflict of law principles. This TOS and all of your rights and obligations under them may not be assignable or transferable by you without our prior written consent. No failure or delay by a party in exercising any right, power or privilege under this TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this TOS. You are an independent contractor, and no agency, partnership, joint venture, employee-employer relationship is intended or created by this TOS. The invalidity or unenforceability of any provision of this TOS will not affect the validity or enforceability of any other provision of this TOS, all of which will remain in full force and effect.