Terms of Service

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Terms of Service Agreement

The following terms and conditions govern all use of the New Phoenix Rising website and all content, services and products available at or through the website, including, but not limited to, the New Phoenix Rising nutritional products (“the Products”), (taken together, the Website). The Website is owned and operated by New Phoenix Rising, Inc. (“NPR”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the Privacy Policy of NPR) and procedures that may be published from time to time on this Site by NPR (collectively, the “Agreement”). Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by NPR, acceptance is expressly limited to these terms.

Responsibility of Website Visitors. NPR disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

1. Responsibility of Website Visitors. NPR disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

2. Privacy. Use of this Site is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of this Agreement. Please review our Privacy Policy. By using this Site, you agree to be bound by the terms of our Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of this Site and any personal information provided by you in accordance with our Privacy Policy.

3. Not Healthcare Advice. This site is not intended to provide medical advice, diagnosis or treatment. The products, information, services and other content provided on and through this Site, including information that may be provided on the Site (directly or via linking to third-party sites), are provided for informational purposes only. Please consult with your physician or other healthcare professional (collectively, “Healthcare Professional”) regarding any medical or health-related diagnosis or treatment options. It is not intended as a substitute for advice from your Healthcare Professional, or any information contained on or in any product label or packaging. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product. You should also consult your Healthcare Professional regarding any interactions between any medication you are currently taking and nutritional supplements. NPR customers voluntarily participate in our Testimonials page including describing their experiences with specific products. Any comments made by customers on the Testimonial page are strictly their own personal views made in their personally capacity. These comments are not claims made by the NPR nor do they necessarily represent the view or position of NPR.

4. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which New Phoenix Rising.com links, and that link to New Phoenix Rising.com. NPR does not have any control over those non-NPR websites and webpages, and is not responsible for their contents or their use. By linking to a non-NPR website or webpage, NPR does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. NPR disclaims any responsibility for any harm resulting from your use of non-New Phoenix Rising.com websites and webpages.

5. Copyright Infringement. As NPR asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by New Phoenix Rising.com violates your copyright, you are encouraged to notify NPR. NPR will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.

6. Intellectual Property. This Agreement does not transfer from NPR to you any NPR or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with NPR. NPR, New Phoenix Rising, New Phoenix Rising.com, the New Phoenix Rising.com logo, and all other trademarks, service marks, graphics and logos used in connection with New Phoenix Rising.com, or the Website are trademarks or registered trademarks of NPR or our licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any NPR or third-party trademarks.

7. Changes. NPR reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. NPR may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

8. Termination. NPR may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

9. Disclaimer of Warranties. The Website is provided “as is.” NPR and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither NPR nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you obtain product or services through the Website at your own discretion and risk.

10. Limitation of Liability. In no event will NPR, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to NPR for 30 days after a product purchase. NPR shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

11. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the NPR Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

12. Indemnification. You agree to indemnify and hold harmless NPR, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorney fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

13. Miscellaneous. This Agreement constitutes the entire agreement between NPR and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of NPR, or by the posting by NPR of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Santa Cruz County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Jose, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorney fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; NPR may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Privacy Policy

1. General Information This website, and the various content, features and services offered on this website (collectively, the “Site”), is owned and/or operated by New Phoenix Rising, Inc. (collectively, “NPR”, “New Phoenix Rising,” “we,” “us,” “our” or similar pronoun). New Phoenix Rising is committed to respecting your online privacy and recognizes your need for appropriate protection and management of information you share with us. NPR has established this privacy policy (“Privacy Policy”) to let you know what information we may collect from you on the Site and how we may use and share that information. Please take a moment to review the terms of this agreement. By using the Site, you agree to accept the terms of our Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the Site. Except as expressly provided herein, this Privacy Policy applies only to information that we collect on the Site and does not apply to information which we may collect by other means.

2. Personal Information; Changes to Personal Information Personal Information means any information that may be used to identify an individual, including, but not limited to, first and last name, home or other physical address, telephone number, e-mail address, credit card information. In general, you can visit the Site without telling us who you are or revealing any Personal Information about yourself. However, in order to make a purchase on the Site, we require you to provide Personal Information. Moreover, other features or services may require you to provide Personal Information. For example, we may collect certain Personal Information if you choose to subscribe to a mailing list, participate in special offers, sweepstakes or other promotions, or send questions or comments to us via e-mail. Of course, should you purchase any products on the Site, we will collect Personal Information from you, which we will use to fulfill your order and for other purposes consistent with this Privacy Policy. We may also collect certain demographic information (such as gender or age) and information about your interests and preferences (“Preferences Information”). In many cases, your providing such demographic and Preferences Information together with your Personal Information is optional. In other cases, such as online surveys, we collect this information on an anonymous basis. However, if we link any demographic or preferences information to any Personal Information, then such demographic and preferences information will be treated as Personal Information under this Privacy Policy. For some features of the Site, you may be able to submit information about other people. For example, if you make a purchase for another person on the Site and want it shipped directly to that person, you may submit the recipient's name, address and certain other contact information. NPR will use and store any such information that we collect from you about another person to carry out your request and for our own internal marketing purposes.

3. Aggregate Information From time to time, NPR may collect general, non-personal, statistical information about the use of the Site, such as how many visitors visit a specific page on the Site, how long they stay on that page and which hyperlinks, if any, they “click” on. We may collect this information through the use of “cookies” and other tracking technologies, which are discussed in greater detail below. We collect this information in order to determine which areas of the Site are most popular and to enhance the Site for visitors. We may group this information into aggregate visitor data in order to describe the use of the Site to our existing or potential business partners, sponsors, or other third parties. NPR may also group demographic and preferences information and responses to surveys that we collect from visitors into aggregate data for the same purposes. However, please be assured that this aggregate data will not be disclosed together with your Personal Information under any circumstances.

4. Cookies and Other Tracking Technologies A cookie is a small text file that a website transfers to an individual's hard drive. For example, cookies can be used to collect information about website activity, to provide continuity to a shopping experience in an online store, or to make product recommendations. Unless and until we change this policy, we do not use cookies. You may occasionally get cookies from third parties with links on the Site. We do not control these cookies nor are we in any way responsible for your experience or any harm to you by accepting these third party cookies. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. Other tracking technologies may record information such as Internet domain and host names; Internet protocol (IP) addresses; browser software and operating system types; click-stream patterns; dates and times that a Site is accessed, and purchases. While we do not currently use any of these technologies, third party sites linked to our site may. Please refer to the privacy policies of the third party sites for complete information.

5. How We Use Personal Information With respect to the Personal Information we collect, we may retain and use that information for several purposes. For example, we may use your Personal Information in order to process and fulfill any purchases you make on the Site (including any customary follow-up or confirmation communications regarding such purchases), enter you into sweepstakes you request, respond to your questions or send e-mails to our mailing list subscribers. We may also use Personal Information to ensure compliance with our policies and applicable law. We use your e-mail address as a customer identifier on the Site. In addition, we may send you periodic communications by e-mail or regular mail, such as news updates, special promotional offers or information on our products or services which may be of interest to you. If you later wish to opt-out of receiving such promotional communications from us at any time, simply follow the instructions in Section 7.

6. How We Share Personal Information NPR has not and will not share your Personal Information with third parties for their direct marketing purposes. However, we may disclose your Personal Information to third parties for other purposes, as set forth in this Privacy Policy. We may sometimes use other businesses to perform certain services for us, such as maintaining the Site and our mailing lists, processing orders and delivering products, sending postal mail and providing marketing assistance and data analysis. For example: we currently use PayPal as a payment processor. We may provide Personal Information to those businesses when that information is necessary for them to complete a requested transaction or otherwise perform their duties. NPR reserves the right to release Personal Information or other information about users who are in violation of our Terms of Service agreement if we believe in our sole discretion that such disclosure is necessary or appropriate to protect the rights of any individuals affected by such violation.

7. Privacy Preferences/Opt-Out You can change or update your Personal Information on the Site by accessing the link in the email which was sent to you when you signed up for our newsletter. NPR also offers you the option to change your privacy preferences through a request submitted at our Contact page, where you can request to not receive promotional materials from us. You may update these preferences at any time. Please allow sufficient time for your preferences to be processed.

8. Security NPR intends to take reasonable and appropriate steps to protect the Personal Information that you share with us from unauthorized access or disclosure. Unfortunately, no data transmission over the Internet or stored on a server can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and cannot be responsible for the theft, destruction, or inadvertent disclosure of your Personal Information.

9. Privacy of Children NPR does not knowingly collect or use any Personal Information from children under 13 years of age. If you are under the age of 13, do not submit any information to this Site.

10. Changes to Privacy Policy The terms of this Privacy Policy may change from time to time. We will notify you of any material changes to this Privacy Policy by changing the “Last Updated” date at the top of this Privacy Policy. We encourage you to check this page periodically for any changes. Your continued use of the Site following the posting of changes to these terms will mean you accept those changes. If you have questions about this Privacy Policy, or believe that NPR has acted inconsistently with this Privacy Policy, please contact us.

11. Third Party Websites Please note that you may have cookies placed on your computer by third party websites that refer you to the Site. Please review the privacy policies of each website you visit to better understand their privacy practices. NPR expressly disclaims any and all liability for the actions of third parties, including but without limitation to actions relating to the use and/or disclosure of Personal Information by third parties.

12. Miscellaneous This Privacy Policy and the privacy practices of NRP will be subject exclusively to the laws of the State of California within the United States. NPR makes no representation that this Privacy Policy and our practices comply with the laws of any other country or jurisdiction. Visitors who use the Site and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If you reside outside of the United States, by using our Site, you consent to the transfer, processing and use of your information outside your country.