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Disclaimer

Physicians Forever Young, LLC are the owners of “Prostakare” and other various vitamins, dietary supplements and other compounds sold on this website.  This Site for your personal information, education and communication ONLY.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE DISCLAIMERS SET FORTH BELOW. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE DISCLAIMERS, YOU MAY NOT ACCESSOR USE THIS SITE. Your purchase or use of any of Physicians Forever Young, LLC’s products constitute your agreement to these terms and conditions.

THESE TERMS AND CONDITIONS HEREIN CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS.

AUTOSHIP TERMS OF USE

Starting 60 days from your order date, you’ll receive a new 60-day supply every 60 days at the guaranteed low price of just $83.95 per shipment, which will conveniently be charged to the card you provide today unless you call to change or cancel. There is no long term commitment or minimum to buy. To customize this program or future shipments and charges, call customer service Monday-Friday 9 am – 6 pm at 855-999-2005. Every ProstaKare purchase includes our 30-day money-back guarantee of the purchase price less shipping and handling and 20% restock/admin fee. See our Returns Policy for full description of return procedures.

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

You and Physicians Forever Young, LLC agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration; and that any dispute between us, including disputes by either of us against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other, will be resolved exclusively and finally by binding arbitration, except for disputes arising from an alleged violation of intellectual property rights or breach of confidentiality, for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of competent jurisdiction.

BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL.

There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person’s claims against Physicians Forever Young, LLC and may not preside over any kind of representative or class proceeding against Physicians Forever Young, LLC. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class actions waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST PHYSICIANS FOREVER YOUNG, LLC IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING IF YOU HAVE ALREADY PURCHASED A PRODUCT AND YOU DO NOT AGREE TO THE FOREGOING TERMS AND CONDITIONS, YOU MUST TELL US IN WRITING AND RETURN THE PRODUCT TO GET A REFUND. IF YOU HAVE PURCHASED THE PRODUCT AT A RETAIL STORE, YOUI MUST RETURN THE PRODUCT ACCORDING TO THE STORE’S RETURN POLICY. IF YOU HAVE PURCHASED THE PRODUCT BY TELEPHONE OR ONLINE FROM US, YOU MUST RETURN THE PRODUCT PURSUANT TO OUR RETURN POLICY

GOVERNING LAW

These Terms and Conditions and the Privacy Policy will be governed by the construed in accordance with the laws of the State of South Carolina, without regard to principles of conflicts or choice of law. In addition, the application of the United Nations Convention on Contracts for the International Sale of Goods, including any amendments thereto, is expressly excluded hereby.

LICENSE GRANT

This Site is provided by Physicians Forever Young, LLC, and these Terms and Conditions provide to you (identified herein as “you” or “user”) a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use this Site conditioned on your continued compliance with these Terms and Conditions. If you are using the Site on behalf of a company or other business entity, please note that such a company or entity may have a separate agreement with Physicians Forever Young, LLC. Nevertheless, your use will be subject to these Terms and Conditions.

THIS SITE DOES NOT PROVIDE MEDICAL ADVICE

The content of this site and information provided for informational purposes only. The information is not a substitute for professional medical advice, diagnosis or treatment. You should always seek the advice of a qualified health provider before making any adjustment to any medication or treatment you are currently using, stopping the using of any medication or treatment or starting any new medication or treatment, whether or not the subject was covered in the Information provided to you. The information is intended to provide users with a general understanding of certain wellness and health care topics and is not specifically applicable to any individual’s medical problems, concerns and/or needs. Any action you take on the basis of the information provided is solely at your own risk and expense.

 

 

THIS SITE IS INTENDED FOR ADULTS.

You should always be aware that this Site is not intended or designed to attract anyone under the age of 18. We do not collect personally identifiable information from any person we actually know is under the age of 18. By downloading, accessing, or using this Site or in order to view our information and materials or submit information of any kind to this Site, you represent that you are at least eighteen (18) years of age (or the age of majority in your state of residence).

RESTRICTIONS ON USE OF MATERIALS

These Terms and Conditions provide only a limited license to access and use the Site. Accordingly, you expressly acknowledge and agree that Physicians Forever Young, LLC transfers no ownership or intellectual property interest or title in and to this Site to you or anyone else.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION, OR MATERIALS PROVIDED BY Physicians Forever Young, LLC TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

Physicians Forever Young, LLC cannot and does not guarantee or warrant that any files or information available for downloading will be free of infection, viruses, works, Trojan horses or other code or codes that may contain contamination or destructive properties. You agree to assume the entire cost of all necessary servicing, repair or correction resulting from any such downloading. You may not link any other website to this Site, nor reference hypertext documents on this Site from another website or document including e-mail. .

Nothing contained in this Site should be construed as granting any license or right to use any trademark, logo, trade name, or design displayed on this Site without the written permission of Physicians Forever Young, LLC, or the respective owner of the trademark.

LIMITATION OF LIABILITY AND DISCLAIMER

The use of this Site and the information is at your own risk. When using this Site, information will be transmitted over a medium over which Physicians Forever Young, LLC has no control or jurisdiction. Therefore, Physicians Forever Young, LLC does not assume any liability for or relating to the delay, failure, interruption or corruption of any information transmitted in connection with the use of this Site.

This Site and the information given through this Site are provided without charge and are provided on an “As Is” basis. TO THE FULLEST EXTENT PERMITTED BY LAW, PHYSICIANS FOREVER YOUNG, LLC DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF A THIRD PARTY RIGHTS.

PRIVACY POLICY

The operation of certain portions of this Site may require the submission, use, and/or dissemination of various personal identifying information about you. Please see Physicians Forever Young, LLC’s privacy Policy for a summary of Physicians Forever Young, LLC’s personal identifying information collection and use practices. You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You agree not to use another user’s username and password. You will immediately notify Physicians Forever Young, LLC if you become aware of any loss or theft of your password or any unauthorized use of your username and password. Physicians Forever Young, LLC reserves the right to delete or change a username or password at any time and for any reason.

ENFORCING SECURITY ON THE SITE

Actual or attempted unauthorized use of this Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law, Physicians Forever Young, LLC reserves the right to view, monitor and record activity on this Site without notice or permission from you. Any information obtained by monitoring, reviewing and/or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. Physicians Forever Young, LLC will also comply with all court orders involving requests for such information. In addition to the foregoing, Physicians Forever Young, LLC reserves the right to, at any time and without notice, modify, suspend, terminate or interrupt operation of or access to the Site, or any portion of this Site in order to protect the Site, Physicians Forever Young, LLC, or Physicians Forever Young, LLC’s business.

LINKS TO OTHER SITES

We suggest that you exercise discretion while browsing the Internet using this Site. You should be aware that when you are on this Site, you could be directed to other websites that are beyond our control. There are links to other websites from Physicians Forever Young, LLC pages that take you outside of our service. For example, if you “click” on a banner advertisement or a link, the “click” may take you off this Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other websites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on this Site may send cookies to users that we do not control. Use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites. We make no representations concerning the content of any such third party websites. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in websites linked to this Site. We reserve the right to disable links from third party sites to this site.

TERMINATION OF ACCOUNT

These Terms and Conditions will take effect at the time you click “SUBMIT ORDER”, register, respond to a request for information, and/or begin downloading, accessing or using this Site, which is earliest. Physicians Forever Young, LLC reserves the right at any time and for any reason to deny you access to this Site or to any portion thereof in order to protect its name and goodwill, its business, and/or other users, and Physicians Forever Young, LLC shall have the right to immediately terminate a user’s account in the event of any conduct by a user which Physicians Forever Young, LLC, in its sole discretion, considers to be unacceptable, or in the event of any breach by a user of these Terms and Conditions. Termination will be effective with notice.

ENFORCEMENT

You acknowledge that any breach, threatened or actual, of these Terms and Conditions will cause irreparable injury to Physicians Forever Young, LLC, such injury would not be quantifiable in monetary damages, and Physicians Forever Young, LLC would not have an adequate remedy at law. You therefore agree that Physicians Forever Young, LLC shall be entitled, in addition to the other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms and Conditions. Accordingly, you hereby waive any requirement that Physicians Forever Young, LLC post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Physicians Forever Young, LLC, to enforce any provision of these Terms and Conditions.

JURISDICTIONAL ISSUES

We make no representation that material on this Site is appropriate or available for use in any particular location. Those who choose to access this Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

WAIVER & SEVERABILITY

Failure to insist on strict performance of any of these Terms and Conditions will not operate as a waiver of any subsequent default or failure of performance. No waiver by Physicians Forever Young, LLC of any right under these Terms and Conditions will be deemed to be either a waiver of any other right of provision or a waiver of that same right of provision at any other time. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty of disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.

SUCCESSORS AND ASSIGNS

We may perform any of our obligations or exercise any of our rights under these Terms and Conditions through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by, or is under common control with us). If Physicians Forever Young, LLC or its assets are acquired by another entity, that entity will assume our rights and obligations as described in these Terms and Conditions. You may not assign your rights or obligations under these Terms and Conditions, by operation of law or otherwise, without our prior written consent.

ENTIRE AGREEMENT

This agreement represents the entire agreement between you and Physicians Forever Young, LLC with respect to use of the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Physicians Forever Young, LLC with respect to this Site.

CONTACT INFORMATION

Physicians Forever Young, LLC

9776-B Kings Rd.

Myrtle Beach, SC 29572

Tele: 855-999-2005


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