At pHresh Products and pHresh Superfoods we are 100% commitment to quality and service. Within the first 7 days of your purchase you may return Unopened merchandise for a full money back refund, excluding any shipping charges and Affiliated Discounts. All returns must meet our guidelines.
You have the option of exchanging the item(s) or receiving a refund for the full amount (less shipping and handling and Affiliated Discounts or Non Direct Company Discounts) of the item purchased. Refunds on returned items will be issued in the same payment form as tendered at the time of purchase. If payment was made by credit card, once we receive the product we will credit your account. Please allow 7-10 days for a credit to appear on your credit card statement. If payment was made by check, the refund check will be issued after 10 business days from the date of purchase.
Please read all guidelines below. If guidelines are not met, pHresh Products and pHresh Superfoods reserves the right to refuse the return or to charge a restocking fee of 20%.
How to return or exchange an item:
Only unopened items in the original factory-sealed container are eligible for a refund.
In order to return an item you need to first obtain authorization to return, please contact us at 1-888-901-6150 Ext 155 between 9:00 AM to 4:00 PM EST Mon-Fri, or email to Support@pHreshProducts.com .Once you receive the return authorization simply return the unopened items in the original factory-sealed container. The refund will be for the item only less the shipping charge and any Specialized Affiliated discounts. Place the original package into a shipping carton. Please do not place stickers or shipping labels on the original manufacturer’s package. Ship via insured ground service with a tracking number. Return shipping charges are the responsibility of the customer. For your protection, we suggest you pack your items carefully and send your returned items insured, we are not responsible for lost or damaged packages. Include a copy of your invoice with the item you are returning (if this applies to your Purchases), to receive a proper refund:
Send pre-authorized returns to:
pHresh Products
Attn: Returns Department
273 Walt Whitman Rd. Suite 322
Huntington Station, NY 11746
Items that qualified for free shipping that are being returned will have our standard shipping charges deducted from refund or credit. The return shipping cost (the cost to send an item back to us) is not refundable.
Please allow up to 8 business days after we receive the package for your return/exchange/refund to be processed. An email confirmation will be sent to you once the return is processed.
Damaged & Incorrect Items: At pHresh Products and pHresh Superfoods we do our best to package your products so they will arrive to you in excellent condition. Unfortunately, once the package leaves our warehouse, it goes through many hands and products may shift causing unintentional damage. Should you receive a product that has been damaged in transit, please contact us immediately for further instructions. Please do not discard the damaged product(s) and retain the original box and packaging as inspection is often required by the carriers.
Claims for missing, Incorrect or damaged items must be received within five business days of receipt of merchandise.
Important Note for international customers: Please mark the item as “VENDOR RETURN” to avoid duties and customs.
Welcome to the pHresh Products website, www.pHreshProducts.com (the “Website”) owned and operated by Personal Health Product Development, LLC (“pHresh Products and pHresh Superfoods”) Except as otherwise noted herein, these terms and conditions (“the Terms“) govern your use of the Website. Please read these Terms carefully, because your use of the Website constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Website. pHresh Products and pHresh Superfoods reserves the right to make changes to the Website and to these Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Website because by visiting the Website, you agree to accept any such changes. pHresh Products and pHresh Superfoods provides you with access to and use of the Website subject to your compliance with the Terms.
COPYRIGHT
All information contained on this site is copyright (c) 2010 – 2017 by Personal Health Product Development, LLC. (“pHresh Products and pHresh Superfoods”). All rights reserved. The information contained on this site may not be copied, published, reproduced, posted, distributed, uploaded, transmitted, broadcasted, distributed in any way or otherwise used for any purpose whatsoever without the prior written consent of pHresh Products.
Accuracy of Information:
We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the accuracy or completeness of any information on this Website. For example, products included on this Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
PROFESSIONAL ADVICE
No information on this site is intended as, or shall be construed as, legal, financial, medical or expert advice of any kind. pHresh Products is not responsible for typographical errors, editing errors, or news source errors. PERSONAL HEALTH PRODUCT DEVELOPMENT, L.L.C. OR ANY OF THEIR SUBSIDIARIES STRONGLY SUGGESTS THAT YOU SEEK ADVICE FROM A COMPETENT PROFESSIONAL REGARDING ISSUES IN ANY PROFESSIONAL FIELD.
DISCLAIMER OF WARRANTIES
THE INFORMATION ON THIS WEBSITE IS PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, PERSONAL HEALTH PRODUCT DEVELOPMENT, L.L.C. OR ANY OF THEIR SUBSIDIARIES DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE INFORMATION ON THIS WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, PERSONAL HEALTH PRODUCT DEVELOPMENT, L.L.C. OR ANY OF THEIR SUBSIDIARIES DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE, AS WELL AS FOR ANY INFORMATION, PRODUCTS OR ADVICE RECEIVED THROUGH THE WEBSITE OR THROUGH ANY LINKS PROVIDED IN THE WEBSITE. PERSONAL HEALTH PRODUCT DEVELOPMENT, L.L.C. OR ANY OF THEIR SUBSIDIARIES SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE WEBSITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PERSONAL HEALTH PRODUCT DEVELOPMENT, L.L.C. OR ANY OF THEIR SUBSIDIARIES DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE WEBSITE. PERSONAL HEALTH PRODUCT DEVELOPMENT, L.L.C. OR ANY OF THEIR SUBSIDIARIES DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. PHRESH PRODUCTS DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. PERSONAL HEALTH PRODUCT DEVELOPMENT, L.L.C. OR ANY OF THEIR SUBSIDIARIES MAKES NO WARRANTY REGARDING THE RELIABILITY, ACCURACY OR ACCESSIBILITY OF WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY PERSONAL HEALTH PRODUCT DEVELOPMENT, L.L.C. OR ANY OF THEIR SUBSIDIARIES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
SOME JURISTICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISTICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AND HEREIN AS THEY RELATE TO IMPLIED WARRANTIES.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL PERSONAL HEALTH PRODUCT DEVELOPMENT, L.L.C. (“PHRESH PRODUCTS ANS PHRESH SUPERFOODS “) ITS EMPLOYEES, OFFICERS, WRITERS, CONTRACTORS, OR PRINCIPALS BE LIABLE TO ANY USER’S USE OR MISUSE OF AND RELIANCE ON THE WEBSITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF PHRESH PRODUCTS AND PHRESH SUPERFOODS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE PHRESH PRODUCTS WEBSITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF WEB PAGES OR OTHER CONTENT STORED THROUGHT THE PHRESH PRODUCTS WEBSITE.
UNDER NO CIRCUMSTANCES SHALL PHRESH PRODUCTS AND PHRESH SUPERFOODS OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
EXTERNAL LINKS
pHresh Products may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave the Personal Health Product Development, L.L.C. or any of their subsidiaries site to access third-party material or by bringing the third party material into this site via “inverse” hyperlinks and framing technology. Personal Health Product Development, L.L.C. or any of their subsidiaries has no control over such sites, content and resources. You acknowledge and agree that Personal Health Product Development, L.L.C. or any of their subsidiaries is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Personal Health Product Development, L.L.C. or any of their subsidiaries shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the pHresh Products and pHresh Superfoods website, including payment and delivery of related goods, products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Personal Health Product Development, L.L.C. or any of their subsidiaries shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers for their Products and Services.
Personal Health Product Development, L.L.C. or any of their subsidiaries encourages you to exercise discretion while browsing the Internet. Personal Health Product Development, L.L.C. or any of their subsidiaries may produce automated search results or otherwise link you to sites containing information that some people may find inappropriate or offensive. Personal Health Product Development, L.L.C. or any of their subsidiaries makes no representations concerning any effort to review the content of any of the sites listed in automated search results, or of any of the sites otherwise linked to the Personal Health Product Development, L.L.C. or any of their subsidiaries websites. Personal Health Product Development, L.L.C. or any of their subsidiaries shall not be held responsible for the accuracy, copyright or trademark compliance, legality, or decency of material contained in sites listed in the Personal Health Product Development, L.L.C. or any of their subsidiaries website search results or otherwise linked to the Personal Health Product Development, L.L.C. or any of their subsidiaries websites or provided to the pHPersonal Health Product Development, L.L.C. or any of their subsidiaries site by third parties.
Linking to the pHresh Products and pHresh Superfoods Website
The Personal Health Product Development, L.L.C. or any of their subsidiaries website offers a non-assignable, non-transferable, and non-exclusive license to link to the Personal Health Product Development, L.L.C. or any of their subsidiaries websites, using the Personal Health Product Development, L.L.C. or any of their subsidiaries logos and search boxes, subject to the following provisions. The Personal Health Product Development, L.L.C. or any of their subsidiaries logos and search boxes may be placed on a Web site for the sole purpose of creating a link to the pHresh Products and allowing users of your site to access the Personal Health Product Development, L.L.C. or any of their subsidiaries websites. The pHresh Products and pHresh Superfoods logos and search boxes may not be used for any other purpose, including, among other purposes, to suggest sponsorship by, or affiliation with, or endorsement by Personal Health Product Development, L.L.C. or any of their subsidiaries . The pHresh Products and pHresh Superfoods logos and search boxes may only be used in the exact size, shape, colors, design, and configuration as found on the pHresh Products and pHresh Superfoods web pages or agreed upon in writing by pHresh Products and pHresh Superfoods. The pHresh Products and pHresh Superfoods logos and search boxes may not be altered in any manner. The pHresh Products and pHresh Superfoods logos and search boxes must appear by themselves, with reasonable spacing (at least the height of the logo) between each side of the applicable logo or search box and other graphic or textual elements. The pHresh Products and pHresh Superfoods logos and search boxes may not be used to disparage pHresh Products and pHresh Superfoods, its products or services, or in a manner which, in Personal Health Product Development, L.L.C. or any of their subsidiaries reasonable judgment, may diminish or otherwise damage Personal Health Product Development, L.L.C. or any of their subsidiaries good will in the pHresh Products logos. By using any such pHresh Products and pHresh Superfoods logo or search box, you acknowledge that Personal Health Product Development, L.L.C. or any of their subsidiaries has exclusive rights to the logo or search box and that all good will generated through your use of the logo or search box will inure to the benefit of pHresh Products. Personal Health Product Development, L.L.C. or any of their subsidiaries reserves the right to revoke this license or to alter its terms from time to time, for any or no reason, with or without notice. Personal Health Product Development, L.L.C. or any of their subsidiaries reserves the right to take action against any use that does not conform to these provisions.
Prohibited uses:
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
NO LICENSE; INTELLECTUAL PROPERTY OF PHRESH PRODUCTS AND OTHERS
Except as expressly provided, nothing within any of the WEBSITE shall be construed as conferring any license under any of pHresh Products’ or any third party’s intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate pHresh Products and pHresh Superfoods and the WEBSITE is protected by copyright, trademark, patent, or other proprietary rights of Personal Health Product Development, L.L.C. or any of their subsidiaries and its affiliates, licensors, and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by Personal Health Product Development, L.L.C. or any of their subsidiaries including in connection with the WEBSITE. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by pHresh Products, any of pHresh Products’ affiliates, or any of pHresh Products’ service providers. You agree not to use any of the trademarks or service marks or other Content accessible through the pHresh Products and pHresh Superfoods website for any purpose other than the purpose for which such Content is made available to users by Personal Health Product Development, L.L.C. or any of their subsidiaries . You agree not to defame or disparage Personal Health Product Development, L.L.C. or any of their subsidiaries , the trademarks, products or service marks of Personal Health Product Development, L.L.C. or any of their subsidiaries , or any aspect of the WEBSITE. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the WEBSITE or any software or programs used in connection with the WEBSITE or Personal Health Product Development, L.L.C. or any of their subsidiaries .
INDEMNITY AND RELEASE
By using the pHresh Products and pHresh Superfoods website you agree to indemnify Personal Health Product Development, L.L.C. or any of their subsidiaries and its parents, subsidiaries, affiliates, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from your use of the pHresh Products and pHresh Superfoods web site, your use of the WEBSITE, or your submission of ideas and/or related materials to Personal Health Product Development, L.L.C. or any of their subsidiaries or from any person’s use of any account or password you maintain with any portion of Personal Health Product Development, L.L.C. or any of their subsidiaries , regardless of whether such use is authorized by you. By using pHresh Products and pHresh Superfoods website, using the WEBSITE, or submitting any ideas and/or related materials to Personal Health Product Development, L.L.C. or any of their subsidiaries , you are hereby agreeing to release Personal Health Product Development, L.L.C. and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the WEBSITE or to any disputes regarding use of ideas and/or related materials submitted to pHresh Products. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
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, or relating to, your use of the pHresh Products and pHresh Superfoods WEBSITE must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
FAIR USE
Personal Health Product Development, L.L.C. or any of their subsidiaries publishes excerpts and summaries from copyrighted works under Fair Use, which allows the use of copyrighted materials for purposes of commentary and criticism for the public interest. pHresh Products transforms summaries of the original copyrighted work into a new format and adds new information and value in the form of commentary or criticism.
Personal Health Product Development, L.L.C. or any of their subsidiaries has no intention to compete with the original copyrighted content. Rather, it is pHresh Products’ intention to promote such content and deliver readers to such content. Accordingly, when Personal Health Product Development, L.L.C. or any of their subsidiaries cites a copyrighted work for commentary or criticism, Personal Health Product Development, L.L.C. or any of their subsidiaries acknowledges the original source and places a clickable link that offers users the opportunity to click directly to the original source of such information. The original publishers benefit from such links in terms of delivered audience, attention and potential advertising revenues, for which Personal Health Product Development, L.L.C. or any of their subsidiaries requests absolutely no payment or consideration.
INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
It is the policy of pPersonal Health Product Development, L.L.C. or any of their subsidiaries to respond expeditiously to claims of intellectual property infringement. Personal Health Product Development, L.L.C. or any of their subsidiaries will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Personal Health Product Development, L.L.C. or any of their subsidiaries will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Personal Health Product Development, L.L.C. or any of their subsidiaries will terminate access for subscribers and account holders who are repeat infringers. Notices of claimed infringement should be directed to:
Personal Health Product Development
4023 Kennett Pike, Suite 622, Greenville, DE 19807 Email address: Admin@phreshproducts.com
Please put “Notice of Infringement” in the subject line of all such notifications. When Personal Health Product Development, L.L.C. or any of their subsidiaries removes or disables access to any material claimed to be infringing, Personal Health Product Development, L.L.C. or any of their subsidiaries may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification, although Personal Health Product Development, L.L.C. or any of their subsidiaries makes no promise to do so. Any and all counter notifications submitted by the user will be furnished to the complaining party. Personal Health Product Development, L.L.C. or any of their subsidiaries will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before Personal Health Product Development, L.L.C. or any of their subsidiaries replaces or restores access to any material as a result of any counter notification.
ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES
Unless expressly stated to the contrary elsewhere within the WEBSITE, all legal issues arising from or related to the use of the WEBSITE shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of The State of Delaware applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms and Conditions or any user’s use of the WEBSITE shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in The State of Delaware., and judgment on the arbitration award may be entered into in any state or federal court in The State of Delaware having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in The State of Delaware having jurisdiction thereof. Except as set forth above, the state and federal courts of The State of Delaware shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any user’s use of the WEBSITE. By using the WEBSITE and thereby agreeing to these Terms and Conditions, users consent to personal jurisdiction and venue in the state and federal courts in The State of Delaware with respect to all such disputes.
User Information:
Other than personally identifiable information, which is subject to this Website’s Privacy Statement, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Website in any manner (“User Communications”) is and will be considered non-confidential and non-proprietary. Personally identifiable information that you voluntarily post on any part of this Website that is viewable by the public (e.g., in the Customer Reviews section) is not subject to this Website’s Privacy Statement and is considered User Communications. We and our respective affiliates and our or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.
Disclaimers and Limitations of Liability:
Neither Personal Health Product Development, L.L.C. or any of their subsidiaries assumes any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website, or your downloading of any information or materials from this Website.
The content provided in this website is not intended as a substitute for advice provided by a competent health care professional. You should not use this information in diagnosing or treating a health problem. No claim or opinion on this website is intended to be, nor should be construed to be, medical advice. If you are now taking any drugs, prescribed or not, or have a medical condition, please consult a competent physician who is aware of herb/food/drug interactions before taking any supplements/herbal supplements or using any products. The content presented herein has not been evaluated by the FDA or the Department of Health and is not intended to diagnose, prevent or treat any disease or illness.
RIGHT TO ACCESS/TERMINATION
You acknowledge and agree that pHresh Products may terminate your access to the pHresh Products and pHresh Superfoods web site or to any of the Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by Personal Health Product Development, L.L.C. or any of their subsidiaries . Any such termination shall be in Personal Health Product Development, L.L.C. or any of their subsidiaries sole discretion and may occur without prior notice, or any notice. pHresh Products further reserves the right to terminate any user’s access to Personal Health Product Development, L.L.C. or any of their subsidiaries or to any of the Products and Services for any conduct that Personal Health Product Development, L.L.C. or any of their subsidiaries , in its sole discretion, believes is or may be directly or indirectly harmful to other users, to pHresh Products or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. Personal Health Product Development, L.L.C. or any of their subsidiaries further reserves the right to terminate any user’s access to the pHresh Products or pHresh Superfoods website for any reason or for no reason at all, in Personal Health Product Development, L.L.C. or any of their subsidiaries ‘ sole discretion, without prior notice, or any notice.
MERGER
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between Personal Health Product Development, L.L.C. or any of their subsidiaries ‘ representations and you with respect to the subject matter hereof; except that any other terms and conditions located on any individual Personal Health Product Development, L.L.C. or any of their subsidiaries or in connection with the WEBSITE are incorporated herein by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular web site and any information available on or through the website or the respective content location at which those other provisions may be found.
NON-WAIVER AND SEPARABILITY
Personal Health Product Development, L.L.C. or any of their subsidiaries ‘ failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and agree that the other provisions of these Terms and Conditions remain in full force and effect.
NO RESALE, ASSIGNMENT, OR SUBLICENSING
You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without prior express written authorization of Personal Health Product Development, L.L.C. or any of their subsidiaries .
SUCCESSORS AND ASSIGNS
Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
TERMINATION; SURVIVAL
These Terms and Conditions shall continue in effect for as long as you use the WEBSITE, unless specifically terminated earlier by Personal Health Product Development, L.L.C. or any of their subsidiaries . All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions.
COMMUNICATIONS WITH USERS
You consent to receive communications from pHresh Products concerning your use of the WEBSITE (“Communications”). The Communications may be those that Personal Health Product Development, L.L.C. or any of their subsidiaries is required to send to you by law concerning the WEBSITE (“Required Communications”). The Communications may also be those that Personal Health Product Development, L.L.C. or any of their subsidiaries sends to you for other reasons. You consent to receive Communications electronically. Personal Health Product Development, L.L.C. or any of their subsidiaries may provide these Communications to you by sending an email to the email address you provided or by posting the Communication on the pHresh Products or pHresh Superfoods websites. You also consent to receive Communications by telephone or by postal mail sent to the postal address you provided in connection with your account, if any. You may change the email or postal address to which Personal Health Product Development, L.L.C. or any of their subsidiaries sends Communications by visiting your account information page.
SUBMISSIONS OF IDEAS
pHresh Products is always improving its WEBSITE and developing new features. If you have ideas regarding improvements or additions to Personal Health Product Development, L.L.C. or any of their subsidiaries , we would like to hear them — but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO PERSONAL HEALTH PRODUCT DEVELOPMENT, L.L.C. OR ANY OF THEIR SUBSIDIARIES BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO PERSONAL HEALTH PRODUCT DEVELOPMENT, L.L.C. OR ANY OF THEIR SUBSIDIARIES, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO PHRESH PRODUCTS THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT PERSONAL HEALTH PRODUCT DEVELOPMENT, L.L.C. OR ANY OF THEIR SUBSIDIARIES IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY PHRESH PRODUCTS, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
VIOLATIONS OF TERMS AND CONDITIONS
Should you violate these Terms and Conditions or any other rights of Personal Health Product Development, L.L.C. or any of their subsidiaries and the pHresh Products and pHresh Superfoods website, Personal Health Product Development, L.L.C. or any of their subsidiaries reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all access and or user accounts on any and all of the pHresh Products and pHresh Superfoods websites.
SUBMITTED CONTENT
You hereby agree that all content you submit to Personal Health Product Development, L.L.C. or any of their subsidiaries, via web forms, email to the editor, email to employees, phone calls, faces or other form of communication shall become the sole property of Personal Health Product Development, L.L.C. or any of their subsidiaries and may be used by Personal Health Product Development, L.L.C. or any of their subsidiaries in any way whatsoever, without limitation.
We hope your enjoyment of pHresh Products and pHresh Superfoods’ WEBSITE will be enhanced by the application of these Terms and Conditions. It is our belief that your understanding of the guidelines we have set forth will allow the Personal Health Product Development, L.L.C. or any of their subsidiaries community to continue to be a place where each of us can prosper, grow, and enjoy ourselves within an open and non-threatening environment. Thank you for taking the time to read these Terms and Conditions and we hope you enjoy our WEBSITE.
To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us please refer to our Contact Us page.