Your Authorized Use of Our Sites
While using a Site, you are required to comply with all applicable statutes, orders, regulations, rules and other laws. You may not use a Site for any fraudulent or unlawful purpose, and you may not take any action to interfere with a Site or any other party’s use of a Site. In addition, we expect users of the Sites to respect the rights and dignity of others. For example, you may not do any of the following without our consent:
- Post, upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through a Site any content that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, that violates privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable, including unauthorized or unsolicited advertising;
- Post to or transmit through the Sites any sensitive personally identifiable information about yourself or third parties, such as social security, credit card or bank account numbers, health or medical information, or other information concerning personal matters, unless specifically requested by us;
- Reproduce, duplicate, copy, publicly display, frame, mirror, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to a Site;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with a Site, or express or imply that we endorse any statement you make;
- Violate, or attempt to violate, the security of a Site;
- Disseminate on a Site any viruses, worms, spyware, adware, or other malicious computer code, file or program that is harmful or invasive or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;
- Use scripts, macros or other automated means to impact the integrity of voting, ratings or similar features;
- Use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on a Site or to collect any information from a Site or any other user of a Site; or
- Assist or permit any persons in violating this Agreement or other applicable laws or rules governing the use of the Sites.
You are granted a limited, non-exclusive right to create text hyperlinks to the Sites for informational purposes, provided such links do not portray us in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking site does not contain any material that is pornographic, obscene, illegal, offensive, harassing or otherwise objectionable in our judgment.
Availability of the Site
It is not possible to operate our Site with 100% guaranteed uptime. Jarrow will make reasonable efforts to keep our Site operational. However, certain technical difficulties, routine site maintenance and upgrades, and other events may, from time to time, result in interruptions to or outages of our Site. You agree that Jarrow shall not be liable to you or to any third party for any direct or indirect consequence of any modification, suspension, discontinuance of, or interruption to our Site.
Our Intellectual Property Rights
This Site is expressly owned and operated by Jarrow Formulas®. Unless otherwise noted, all text, graphics, information, content, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code and other material displayed on or that can be downloaded from this Site (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content are owned, controlled or licensed by or to Jarrow Formulas®, and are protected by copyright, patent, trademark and various other intellectual property and unfair competition laws. All worldwide rights are reserved. This Site and its Content are intended solely for your personal, noncommercial use. Any use of this Site or its Content other than for personal, noncommercial purposes is prohibited. Content may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. You may not modify this Site or any part of this Site, including any Content, in any way, or copy, reproduce, republish, upload, post, encode, translate, transmit, publicly display, perform, distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You may download or electronically copy and print any of the Content displayed on this Site for your personal, noncommercial use. If you download, copy or forward via e-mail any part of the Content, no right, title or interest in those materials is transferred to you.
Updates to this Agreement
We may revise or otherwise change or update this Agreement from time to time. When changes are made to this Agreement they will become immediately effective when published on this page unless otherwise noted. We encourage you to periodically review this Agreement―there may have been changes to our policies that may affect you. Your continued use of a Site will signify your continued agreement to this Agreement as it may be revised.
This Agreement applies exclusively to your access to, and use of, the Sites and does not alter in any way the terms or conditions of any other agreement you may have with us for products, services, programs or otherwise.
Any sweepstakes, contests, coupons, rebates or other promotions made available through a Site will be governed by specific rules that are separate from this Agreement. By participating in any such promotion, you will become subject to those rules, which may vary from the terms set forth herein and which, in addition to describing such promotion, may have eligibility requirements, such as certain age or geographic restrictions. It is your responsibility to read the applicable rules to determine whether or not your participation, registration, submission and/or entry are valid; you agree to read and abide by the applicable rules.
The Sites and this Agreement are in effect until terminated by us. In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit, or terminate all or a portion of your access to a Site or any of its features at any time with or without notice and with or without cause, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement.
Only Users 18 Years of Age or Older
Our Sites are not designed to appeal to minors, and we do not knowingly attempt to solicit or receive any information from children under 13. YOU MUST BE AT LEAST 18 TO ACCESS AND USE OUR SITES. If you are under 18 years of age, you may not establish a registered account with us.
THE SITE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY PROVIDED, JARROW DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, INCLUDING EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, REGARDING (A) THE SITE; AND (B) ANY PRODUCTS AND SERVICES OFFERED THROUGH THE SITE, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE.
JARROW MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL OR CONTENT DISPLAYED ON OR OFFERED THROUGH THE SITE IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. JARROW ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO AND USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Disclaimer of Medical Advice
Some of the content on our site may contain information about natural ingredients, natural processes, and or natural therapies that are not evaluated or regulated by the United States Food and Drug administration. Our sites may also contain information about medical conditions and medical treatments. Such information is intended as an educational aid only. It is not intended as medical advice for individual conditions or treatment. It is not a substitute for a professional medical diagnosis, nor does it replace the need for services provided by medical professionals.
Limitation of Liability
We and our affiliates, subsidiaries, divisions and related companies as well as our agents, suppliers, service providers and retailers (collectively, the “releases”) will not be liable for any damages of any kind arising out of or relating to the use or the inability to use the Site, the Site’s content or external links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, or any indirect, special, incidental, exemplary, punitive or consequential damages or any loss of data or profits, even if we have been advised of the possibility of such damages. Some jurisdiction does not allow the exclusion of limitation of certain damages, so the above limitations may not apply to you.
Despite the foregoing limitation of liability for damages, if a court or other tribunal of competent jurisdiction decides to award monetary damages to you for any claim or cause of action arising from the same, the amount of monetary damages for such claim or cause of action shall not exceed one hundred U.S. dollars ($100).
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS JARROW, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ALL CLAIMS, DEMANDS, LAWSUITS, DAMAGES, LIABILITIES, LOSSES, COSTS, OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE FEES AND DISBURSEMENTS OF COUNSEL AND COURT COSTS), JUDGMENTS, SETTLEMENTS, AND PENALTIES OF EVERY KIND ARISING FROM OR RELATING TO ANY VIOLATION OF THIS AGREEMENT AND ANY ACTIVITY RELATED TO YOUR USE OF THE SITE OR THE INFORMATION CONTAINED ON THE SITE.
Applicable Law and Venue
Any action related to the Agreement will be governed by the laws of the California, without regard to the choice or conflicts of law provisions of any jurisdiction. You and Jarrow agree and consent that jurisdiction, proper venue, and the most convenient forums for all claims, actions, and proceedings of any kind relating to our Site or the Agreement will be exclusively in the federal or state courts of California.
Jarrow intends to resolve any and all disputes that may arise between it and you in a cost-effective and non-disruptive manner, preferably without the time and expense of litigation. Toward this end, you agree to the following dispute resolution procedure. If you are unable to resolve any dispute in the ordinary course of business, you shall send a written notice to Jarrow in which you outline the issues in dispute, enclose any relevant documents, and state the requested relief. Jarrow shall respond within ten (10) business days with identical information from its perspective. You and a representative of Jarrow shall meet or communicate electronically within ten (10) business days of the delivery of the response, and as often as you and Jarrow mutually deem necessary or desirable thereafter, in an attempt to resolve the matter. If, within sixty (60) days of the first communication, you and Jarrow fail to resolve the matter, you and Jarrow shall seek to mediate the dispute with a neutral third party. Neither party shall seek further legal action unless such mediation fails to achieve a resolution acceptable to both parties. You agree that you will not bring or be a party to any class-action lawsuit against Jarrow.
Consent to Communication
By submitting a telephone number to us you agree that a representative of Jarrow can contact you at the number you provide, potentially using automated technology (including texts/SMS messaging) or a pre-recorded message. Your consent is not an obligation to receive any of our services.
If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. No failure or delay in enforcing any provision, exercising any option, or requiring performance, shall be construed to be a waiver of that or any other right in connection with the Agreement.
No action arising out of this Agreement or your access to or use of our Site, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) and you hereby waive any longer statute of limitations that may be permitted by law.
If Jarrow does take any legal action against you as a result of your violation of the Agreement, Jarrow will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Jarrow. You agree that Jarrow will not be liable to you or to any third party for termination of your access to, or use of, any of our Site as a result of any violation of the Agreement or for any reason at all.
You may not assign, by operation of law or otherwise, any rights or delegate any duties under the Agreement to any third party without prior written consent by Jarrow. Any purported assignment lacking such consent will be void at its inception. Jarrow may assign all or part of its rights and/or delegate all or part of its duties under the Agreement to any party, at any time, and in its sole discretion, upon notice of assignment by posting such notice on our Site.
If you have any questions or comments about this Agreement, our Company, our Sites, our products or an order or have other customer service needs, please feel free to contact us by email or by mail/phone.
15233 Ventura Blvd., Floor 9
Sherman Oaks, CA 91403
Additionally, under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Effective Date: 13 December 2021