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Welcome to the website ("Site") for Standard Process Inc.® ("Standard Process"). These Terms and Conditions of Use contain the terms and conditions upon which Standard Process will provide access to the Site for, and sell product to, qualified health care professionals, including the following provisions:
ACCESS TO THE SERVICES.
Standard Process reserves the right, in its sole discretion, to update, revise, supplement and to otherwise modify these Terms, and to impose new or additional terms and conditions on your use of the Services from time to time. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions (collectively referred to in these Terms as "Revised Terms") shall be effective immediately and incorporated into these Terms upon notice thereof, which may be given by any reasonable means including by posting to the Services. Your continued viewing or use of the Services following such notice shall be deemed to conclusively indicate your acceptance of any and all such Revised Terms.
USE OF THE SERVICES.
In order to use the Services, you must obtain access to the Internet and pay any and all service fees associated with such access.
(a) Individual Use. Unless you are a health care professional, you agree that you are only authorized to visit, view, print and retain a single copy of pages of the Services for your own internal use and not on behalf of any other person or entities, and that you shall not duplicate, download, publish, modify, or otherwise distribute any material on the Services for any purpose other than for your own internal use unless otherwise specifically authorized by Standard Process in writing. Standard Process posts legal notices and various credits on pages of the Services, which you shall not remove even in your permitted copies.
(b) Health Care Professional Use. If you are a health care professional, you are authorized to visit, view, print and retain copies of pages of the Services for your own internal use and on behalf of your patients, and you shall not duplicate, download, publish, modify, or otherwise distribute any material on the Services for any other purpose unless otherwise specifically authorized by Standard Process in writing. Standard Process posts legal notices and various credits on pages of the Services, which you shall not remove even in your permitted copies.
(c) Framing. You agree not to create any frames on any other web sites pertaining to or using any of the content located at the Services for any purpose, unless specifically authorized by Standard Process in writing to do so.
(d) Security, Cracking, and Hacking. You are prohibited from violating or attempting to violate the security of the Services. Accordingly, you agree not to: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; (iii) attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (iv) attempt to interfere with service to any user, host, or network, including without limitation, by means of submitting a virus to the Services, overloading, "flooding", "mailbombing", or "crashing" the Services. Violations of system or network security may result in civil or criminal liability. Standard Process reserves the right to investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users who have participated in such violations. You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet.
(e) You Are Responsible For All of Your Activities and All of The Content You Post or Submit. You agree NOT to use the Services for or in connection with any of the following activities:
(i) transmitting or relaying spam or other unauthorized or unsolicited communications, spoofing or otherwise impersonating any person or entity, or falsely stating or otherwise misrepresenting your identity or affiliation in any way;
(ii) using the Services for any fraudulent or illegal purpose or to encourage conduct that would be considered fraudulent or illegal;
(iii) e-mailing, uploading, or otherwise transmitting or using the Services in furtherance of the use, distribution, or transmission of any unlawful, harassing, defamatory, tortious, libelous, sexually explicit, obscene, hateful, racially, ethnically, or otherwise objectionable material of any kind;
(iv) transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, destroy, disrupt, or otherwise limit, interfere with, or impair a computer's functionality or the operation of the Services or surreptitiously intercept or expropriate any system, data or information related to the Services or any computer hardware, software or other equipment that is owned, leased or used by Standard Process; and
(v) using any robot, spider, scraper or any other automated means or device designed to provide repeated or automated access to the Services for any purpose.
(f) Information Disclosed via the Services. IN ADDITION TO ANY OTHER DISCLAIMERS PROVIDED IN THE TERMS, ANY INFORMATION DISCLOSED TO YOU VIA THE SERVICES INCLUDING, WITHOUT LIMITATION, ANY CONTENT, HEALTH CARE PROFESSIONAL REFERRALS, PRODUCT RECOMMENDATIONS, PRODUCT DESCRIPTIONS, PRODUCT SAFETY AND/OR EFFECTIVENESS MATERIALS, ARE NOT OFFERED WITH ANY WARRANTY OR REPRESENTATION AS TO ABILITY, ACCURACY, PERFORMANCE, OR SUITABILITY FOR YOUR INTENDED PURPOSE OR COMPLIANCE WITH APPLICABLE LAW. STANDARD PROCESS ASSUMES NO RESPONSIBILITY, AND DISCLAIMS ANY LIABILITY FOR, ANY ILLNESS, OR INJURY RESULTING FROM USING ANY PRODUCTS OR FOLLOWING ANY ADVICE CONTAINED ON THIS SERVICES OR FOR ANY HEALTH CARE PROVIDED BY ANY HEALTH CARE PROFESSIONAL TO WHICH YOU WERE REFERRED VIA THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT USE OF ANY DIETARY SUPPLEMENT PRODUCTS INVOLVES UNFORESEEABLE RISKS AND UNCERTAINTIES, INCLUDING, WITHOUT LIMITATION, THE RISKS OF: (A) INDIVIDUALS' BIOLOGICAL VARIATION AND RESPONSE TO HERBAL/BOTANICAL PRODUCTS; (B) PRODUCT INTERACTIONS WITH OTHER HERBAL AND DRUG INGREDIENTS; AND (C) OTHER HEALTH RISKS AND UNCERTAINTIES. Information on the Services is provided for informational purposes only, does not constitute medical or health-related advice, and is not intended to diagnose, treat, cure or prevent any disease or health problem. Statements made on the Services have not been evaluated by the FDA.
(g) Submissions. You represent and warrant that any information or material you post or provide to Standard Process by means of the Services, including, without limitation, as part of any registration or subscription or to gain access to or use any services offered on the Services ("Submission"), is truthful, accurate, not misleading, not confidential property of others, not in violation of any other third party's rights, and offered in good faith. Unless otherwise expressly provided, you acknowledge and agree that: (i) all Submissions shall become property of Standard Process; (ii) Standard Process has the right to publish the Submissions for any type of use including for promotional and advertising purposes, without compensation to you of any kind; (iii) any Submissions that you submit to any part of the Services are non-confidential for all purposes; and (iv) that if you make any such Submission, you automatically represent and warrant that the owner of the third party content has expressly granted Standard Process a royalty-free, perpetual, irrevocable, transferrable, sublicensable, world-wide exclusive license to use the Submissions in any manner, media, or form now known or hereafter developed. Standard Process shall have the right to sublicense its rights.
(h) Do Not Violate Third Party Intellectual Property Rights. Without limiting the foregoing, you shall not, and by using the Services you agree not to use the Services to: (i) transmit or post any Submissions that are copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner to transmit it; (ii) transmit or post any Submissions that reveal trade secrets, unless you own them or have the permission of the owner to so transmit them; or (iii) transmit or post any Submissions that infringe on any Intellectual Property Rights (as defined below) of others or violates the privacy or rights of publicity of others. The term "Intellectual Property Rights" shall mean, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral rights and similar rights.
(i) Ownership. Standard Process puts a lot of content on the Services for you to examine from time to time including, without limitation, text, graphics, photographs, pictures, drawings, animation, audio, video, literature, and any other material distributed by Standard Process on, through, or in connection with the Services. Moreover, Standard Process attempts to display the content in a way that will be easily accessible and useful for you, the user. All content and materials on the Services including, without limitation, text, graphics, logos, button icons, images, audio clips, and software included in the Services and any services offered on the Services, are the property of Standard Process, its sponsors, or business affiliates, and/or their respective licensors, and are subject to U.S. and international Intellectual Property Rights laws. The compilation of all content on the Services is the exclusive property of Standard Process (unless otherwise indicated) and is protected by U.S. and international copyright and trademark laws. All software used on the Services is the property of Standard Process or its licensors and is subject to U.S. and international copyright laws. Except to the minimum extent otherwise expressly permitted under copyright law, no copying or exploitation of material from the Services is permitted except expressly in accordance with these Terms or with the express written permission of Standard Process and any other applicable copyright owner. You acknowledge that you do not acquire any ownership rights by virtue of downloading copyrighted material from the Services. All rights not expressly granted hereunder are expressly reserved to Standard Process.
(j) Password and Username. To use portions of the Services, you may be required to register for an account. If you create an account on the Services by, for example, completing a user registration process, you will be asked to select a username and create a password. It is solely your responsibility to maintain the security of your username and password. You agree that Standard Process shall not be liable for any loss that you may suffer as a result of the authorized or unauthorized use of your username and password, including by a third party. You shall not allow any other person to use the Services via your username and password. You agree that you will log out of your account each time you are finished using the Services—i.e. after each session. Standard Process may suspend, terminate, modify, or delete any account you may have with the Services at any time for any reason, with or without notice to you. Most account suspensions, terminations, and/or deletions are the result of violations of these Terms or users abandoning their accounts on the Services.
THE CONTENT, SERVICES, INFORMATION, AND ACCESS TO THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NONINFRINGEMENT. STANDARD PROCESS DOES NOT WARRANT THAT ANY PART OF THE SERVICES WILL OPERATE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT TRANSMISSION TO OR FROM THE SERVICES AND ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, CONTINUOUS, OR ERROR-FREE. STANDARD PROCESS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU SHOULD THEREFORE VERIFY ANY INFORMATION OBTAINED FROM THIS SERVICES BEFORE ACTING ON IT. ANY RELIANCE ON SERVICES CONTENT IS AT YOUR OWN RISK. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, STANDARD PROCESS EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, AVAILABILITY OF INFORMATION, PRODUCTS, SERVICES, OR MERCHANDISE FOUND ON THIRD PARTY SITES THAT LINK TO OR FROM THE SERVICES. STANDARD PROCESS DISCLAIMS ANY RESPONSIBILITY FOR PRODUCT OR SERVICE ORDERING FUNCTIONS, ORDER FULFILLMENT OR COMPLIANCE OF PRODUCTS OR SERVICES WITH ANY MANUFACTURER'S WARRANTIES OR SPECIFICATIONS. STANDARD PROCESS CANNOT BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED ON THIRD PARTY SITES AND/OR RELATED SERVICES NOR DOES STANDARD PROCESS MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION YOU MIGHT BE REQUESTED TO GIVE TO THIRD PARTY SITES.
LIMITATION OF LIABILITY.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE FURTHEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, CIRCUMSTANCES ENVOLVING STANDARD PROCESS’ NEGLIGENCE, SHALL STANDARD PROCESS, ITS AFFILIATES, RELATED ENTITIES, VENDORS OR CONTENT PROVIDERS (COLLECTIVELY, THE "STANDARD PROCESS PARTIES") BE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY AND/OR INCIDENTAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THE SERVICES, ANY CONTENT AND/OR ANY RELATED SOFTWARE, EVEN IF STANDARD PROCESS OR AN AUTHORIZED STANDARD PROCESS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS.IN NO EVENT SHALL THE STANDARD PROCESS PARTIES BE LIABLE TO YOU FOR DIRECT DAMAGES COLLECTIVELY IN AN AMOUNT EXCEEDING THE TOTAL FEES PAID BY YOU TO STANDARD PROCESS IN USING THE SERVICES DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE UPON WHICH YOUR CLAIM AROSE, OR ONE HUNDRED DOLLARS (US $100) IF YOU HAVE NOT PAID ANY SUCH FEES TO STANDARD PROCESS, REGARDLESS OF WHETHER YOUR CLAIM ARISES IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE.IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, OR LIABILITY LIMITATIONS OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SOME OF THESE PROVISIONS MAY NOT APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY STANDARD PROCESS IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST THE STANDARD PROCESS PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR AFTER IT ARISES (OR SUCH SHORTER PERIOD UNDER APPLICABLE STATUTES OF LIMITATION) SHALL BE WAIVED AND RELEASED.
You shall indemnify, defend, and hold harmless Standard Process and its sponsors, business affiliates, vendors, content providers, subsidiaries, related entities, affiliates, officers, directors, employees, attorneys, and agents, from and against any and all damages, claims, and actions brought by you or any third party resulting from (i) your use of the Services in violation of the Terms; (ii) your violation of law; or (iii) the infringement by you of any Intellectual Property Rights or any publicity, contract or privacy rights of any person or entity.
The Terms are effective until terminated by Standard Process. Standard Process may terminate, restrict, or suspend all or part of your access to the Services and delete any Submissions, at any time, in its sole discretion, without prior notice to you and without any liability to you.
All matters relating to the Services and these Terms and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the State of Wisconsin, USA, without giving effect to any choice of law or conflict of law provision or rule (whether of the State of Wisconsin or any other jurisdiction).
Any legal suit, action, or proceeding arising out of or related to these Terms or the Services shall be instituted exclusively in the state or federal courts located in the County of Milwaukee, Wisconsin, USA. You waive any and all objections to such exclusive venue or the exercise of jurisdiction over you by such courts.
WAIVER AND SEVERABILITY.
Furthermore, no delay or omission by Standard Process to exercise any right or any noncompliance on your part with respect to the Terms shall impair any such right or be construed to be a waiver by Standard Process. If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction, provided, however, if such invalid or unenforceable provision may be modified so as to be valid and enforceable as a matter of law, such provision will be deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law.
Some mobile devices may not be capable of accessing the Services in its entirety. Standard Process is not responsible or liable for any errors, inaccuracies, faults, or failures arising from your attempts to access any portion of the Services using any mobile device. Furthermore, you agree that you alone are responsible for all access and connectivity charges imposed by your communications carrier in connection with your use of any mobile device.
PATCHES AND UPDATES.
Standard Process may apply patches, updates and modifications to the Services and associated software at any time, and features may change after the application of an update. Standard Process may change, modify, suspend, or discontinue any aspect of any feature or service on the Services at any time. Standard Process may also impose limits on certain features or restrict your access to parts or all of the Services and associated software without notice or liability. Standard Process makes no representation that a feature, the Services and/or associated software will work on a particular web browser, version of a web browser or device.
COPYRIGHT AGENT FOR CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to the Digital Millennium Copyright Act, Standard Process designates the agent below to receive notifications of claimed copyright infringement. If you reasonably believe that your work has been copied in a way that constitutes copyright infringement, you must provide to Standard Process's designated agent all of the following information:
an electronic or physical signature of the owner or the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Services;
your name, address, telephone number, and e-mail address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
If you wish to report infringing materials other than for copyright infringement, please provide as much of the above information as possible. Although Standard Process reserves the right to remove any material that it believes in good faith to be infringing material that is used without authorization by any or user of the Services, we are not obligated to do so except in accordance with the Digital Millennium Copyright Act. We also reserve the right to suspend or delete the account of any offender.
You agree that the Terms, combined with your act of using the Services and/or the content offered on or through the Services have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of the Terms on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print the Terms.
The Terms (and any other Standard Process policies incorporated into the Services, such as the Resale Policy) constitute the entire agreement between you and Standard Process related to your use of the Services. Any prior agreements, representations, statements, or negotiations with respect to the subject matter of the Terms are superseded by the Terms. You have not relied on any representations that may have been made by Standard Process related to the Services.
Terms Related to Standard Process Products
iii. Use of SP Products. SP Products are made available for purchase subject to restrictions generally set forth in the SP Terms of Sale, a copy of which can be found at the following link https://my.standardprocess.com/Policy/Terms-of-Sale/Online-Store. In addition to the Terms of Sale, Customer acknowledges and agrees that (a) Customer is prohibited from reselling or promoting SP Products to third parties, (b) Customer is encouraged to consult with a qualified healthcare practitioner in selecting, ordering and using SP Products, (c) SP Products are not intended to diagnose, treat, cure or prevent disease, and that SP does not provide health care advice or recommendations regarding individual health status, (d) Customer must read all information on SP Products that it is using, and (e) SP Products are for personal use only.
If you have questions, comments, concerns or feedback regarding these Terms or the Services, please contact Fast Track to Health via any of the methods set forth below: