1. User Eligibility and Consent.
The Site is provided by Theraplex for use within the United States. Theraplex makes no representation or warranty that the Site is appropriate or that any information contained on the Site is useable or accurate outside of the United States. If you are accessing the Site from outside of the United States, you do so at your own risk and are fully responsible for compliance with applicable laws and regulations related to your territory of access.
The Site is not intended for use by children under the age of 13. We will not knowingly collect information about children under the age of 13 and will otherwise comply with the Children’s Online Privacy Protection Act. We ask that any user of the Site monitor the use of the Site by children under their care and make sure that those children are aware of the dangers of providing information about themselves over the Internet. We also would like to make you aware of the availability of commercial parental control software that will better enable you to monitor and, where necessary, block access by children to the Internet.
2. License and Site Access.
3. Intellectual-Property Ownership and Use.
4. Restrictions on Use.
From time to time, and without notice, Theraplex may establish and change its practices and restrictions concerning the use of the Site.
5. Product and Service Information.
Theraplex shall have no responsibility for errors of any kind in connection with the Site. Errors and the consequences of those errors may include, without limitation, any of the following: product and service descriptions on the Site may vary from time to time, and typographical errors may occur, with the result that product and service descriptions may not be complete, current or accurate. Any such typographical errors resulting in incorrect product or service information, including incorrect pricing information, may result in the failure to honor an order or request placed by you based on that incorrect information. Because actual colors and the "look and feel" you see on the Site will depend on your monitor and other technical factors, Theraplex cannot guarantee that the display of any products will be accurate at any time.
Products and services described on the Site are available only while supplies last, and Theraplex reserves the right to discontinue the production of any product, and to discontinue the offering or sale of any product or service at any time, without notice. Theraplex cannot guarantee that any particular product or service displayed on the Site will be available through any particular retailer, even if that retailer has indicated that the product or service is available through it. Any prices stated by Theraplex on the Site are suggested prices only; all retailer prices accessed by you through the Site or otherwise provided to you are subject to change without notice and might not include shipping and handling or any applicable sales taxes or customs duties. Return and refund policies vary by retailer and are not the responsibility of Theraplex. Theraplex is not a party to any sales transaction or other transaction you make with any retailer, either online, by telephone or otherwise. Theraplex therefore can make no guarantee that any retailer will fulfill any product order or honor any other commitment, promise or obligation to you.
6. Your Information and Privacy Considerations.
In order to take advantage of the full capabilities of the Site, such as the participation in certain special offerings and promotions, and to receive e-mailed information and announcements, you may be asked to send us information about yourself or others. We respect your privacy and the privacy of others, and we will, of course, endeavor to take care of any information you supply to us. If you believe, however, that any such information is so private to you or to any other person that possible disclosure would be embarrassing or otherwise inappropriate, we ask that you do not supply that information, even if it means that certain of this Site's capabilities, including the ability to participate in special offerings and promotions, would therefore be rendered unavailable to you or any other person. We do require, however, that the information you elect to provide to us be true, accurate, current and complete, and we request that you update that information as necessary.
Third-party websites linked to the Site are likely governed by their own confidentiality and privacy provisions. Theraplex is not responsible for those provisions and expressly disclaims any liability relating to any aspect of them, including their enforcement or lack of enforcement.
7. Disclosure of Content Monitoring.
Although Theraplex has no obligation to monitor any information provided to the Site by its users, including information that you provide, Theraplex reserves the right to monitor, retain, and disclose that information if required to do so by law or in a good-faith belief that disclosure is reasonably necessary to comply with legal requirements, to respond to claims that any information violates the rights of third parties, or to protect the rights, property or personal safety of Theraplex, its users or the public.
8. No Warranty.
The Site (including any content or information contained within it), any other THERAPLEX website, and any linked website, is provided "as is" and on an "as available" basis. AS TO THE SITE, AND TO ANY SUCH OTHER THERAPLEX WEBSITE AND LINKED WEBSITE, TO THE FULLEST EXTENT PERMITTED BY LAW, THERAPLEX EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Without limitation to the foregoing, Theraplex makes no warranty: (a) that there will be no interference with your enjoyment of the Site; (b) that the information provided will fulfill any particular purpose or need; (c) that the information provided is complete, reliable or accurate; (d) that any request will be honored according to your schedule or any stated schedule; (e) that the Site will otherwise meet any specifications, requirements or expectations; (f) that the Site will be uninterrupted, timely, secure or error free; (g) that the results that may be obtained from use of the Site will be accurate and reliable; or (h) that any errors in the content of the Site will be corrected.
You assume total responsibility and risk for your use of the Site and any linked website. Any material downloaded or otherwise obtained through the use of the Site is so obtained at your own discretion and risk. Theraplex will not be responsible for any damage to your computer system or loss of data that results from so obtaining any such material.
9. Limitation of Liability.
IN NO EVENT SHALL THERAPLEX, ITS RELATED ENTITIES, SUBSIDIARIES, JOINT VENTURES, PARTNERS, ENTITIES IN SUBSTANTIAL COMMON CONTROL OR THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, FROM ACCESS TO THE SITE, FROM THE USE OF IT, FROM THE INABILITY TO USE IT, THROUGH THE AUTHORIZED DOWNLOADING OF ANY CONTENT (INCLUDING, WITHOUT LIMITATION, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE) OR IN CONNECTION WITH ANY VIRUSES, BUGS, ACTION OR INACTION OF ANY COMPUTER SYSTEM, TELEPHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTION, OR ANY OTHER ERROR, FAILURE OR DELAY IN DATA TRANSMISSION OR NETWORK CONNECTION, EVEN IF ADVISED OF THE POSSIBILITY OF THAT DAMAGE. Theraplex has no liability for the deletion of any communications or information collected, maintained or transmitted by the Site or the failure to store any information, including personalized settings. Theraplex has no liability with respect to any information posted by users on chat rooms, bulletin boards or other user fora.
13. Links to other Websites.
Although the Site may contain links to third-party websites, Theraplex has no control over those linked websites; Theraplex provides those links as a convenience, and without assumption of liability of any kind. You acknowledge and agree that Theraplex is not responsible for the availability of those linked websites or their content. Theraplex provides links as a convenience and does not endorse or sponsor the proprietors or content of any linked websites, including any linked website of any company related to Theraplex or under common control with it. THERAPLEX DOES NOT PROVIDE ANY WARRANTIES OF ANY KIND REGARDING ANY LINKED SITE OR ANY PRODUCT OR SERVICE PROVIDED VIA ANY LINKED WEBSITE.
14. Caching, Linking and Framing by You.
Theraplex prohibits caching of any portion of the Site and any unauthorized links to the Site and unauthorized framing of it. Theraplex reserves the right to disable any unauthorized links or frames. If you desire to provide a link from your website to the Site, or to frame it, you must contact Theraplex for permission via the contact method provided on the Site. Theraplex will be under no obligation, however, to permit any link or frame.
15. Violations and Disputes
16. Complete Agreement.