Terms of Use

Last Modified: Aug 3, 2022

Please read these Terms of Use carefully before using our website (including but not limited to: www.bioonesciences.com, www.holisticpharms.com (collectively the “Holistic Pharms Sites”), e-stores, or other online products and services, provided by Holistic Pharms, LLC. or its affiliates (collectively, "Holistic Pharms", "we", "our", or "us") that post a link to these Terms of Use. By visiting or otherwise using the Holistic Pharms Sites, you acknowledge and agree that you have read, understood, and agree to be bound by these Terms of Use and any applicable Additional Terms we may provide. You also acknowledge, agree, and consent to our data practices as described in our Privacy Notice.

These Terms of Use affect your legal rights, responsibilities, and obligations and govern your use of the Holistic Pharms Sites, are legally binding, limit our liability to you and require you to indemnify us and, to the extent permitted by applicable law, settle certain disputes through individual arbitration. By using the Holistic Pharms Sites, you represent and warrant that you are of legal age to form a binding contract with Holistic Pharms, LLC. If you do not agree to these Terms of Use and any Additional Terms, do not use the Holistic Pharms Sites.

Additional Terms. In some instances, both these Terms of Use and separate terms setting forth additional conditions may apply to a service or product offered via the Holistic Pharms Sites ("Additional Terms"). To the extent there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

Changes to the Terms of Use. These Terms of Use are subject to change without prior written notice at any time, in our sole discretion. Any changes to the Terms of Use will be in effect as of the Last Updated date. Your continued use of the Holistic Pharms Sites after the "Last Updated" date has changed will constitute your acceptance and agreement to such changes.

Medical Disclaimers. DO NOT USE THE Holistic Pharms Sites FOR MEDICAL EMERGENCY SERVICES. IN AN EMERGENCY, CALL YOUR LOCAL EMERGENCY ASSISTANCE NUMBER. THE HOLISTIC PHARMS SITES ARE FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF A HEALTH CARE PROFESSIONAL. HOLISTIC PHARMS, LLC DOES NOT, THROUGH THE HOLISTIC PHARMS SITES, PROVIDE MEDICAL ADVICE, NOR DOES IT PROVIDE MEDICAL PRESCRIPTIONS, TREATMENTS, OR DIAGNOSTIC SERVICES. ADDITIONALLY, THE USE OF THE HOLISTIC PHARMS SITES AND COMMUNICATIONS FROM HOLISTIC PHARMS, LLC IN CONNECTION WITH YOUR USE OF THE HOLISTIC PHARMS SITES DOES NOT ESTABLISH A PHYSICIAN-PATIENT RELATIONSHIP.

Your reliance upon information and content obtained by you from Holistic Pharms through use of the Holistic Pharms Sites is solely at your own risk. We do not assume any liability or responsibility for damage or injury (including death) to you, other persons, or property arising from any use of any product, information, idea, or instruction related to your use of the Holistic Pharms Sites. Always seek the advice of your health care practitioner with any questions you may have regarding a medical condition.

Ownership and Right to Use the Holistic Pharms Sites and Materials

Ownership. The Holistic Pharms Sites may contain materials and other items relating to Holistic Pharms, LLC, including the layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, and the "look and feel" of the Holistic Pharms Sites (together the "Materials"), including all copyrights, patents, trademarks, service marks, trade names, and all other intellectual property rights therein ("Intellectual Property"), are owned and controlled by Holistic Pharms, LLC, our licensors or certain other third parties. All rights, title, and interest in and to the Materials and Intellectual Property available via the Holistic Pharms Sites are the property of Holistic Pharms, LLC or our licensors or certain other third parties, and are protected by the U.S. and international copyright, trademark, trade dress, and/or other intellectual property and other rights and laws to the fullest extent possible. Holistic Pharms, LLC owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Materials on the Holistic Pharms Sites.

Your Rights. Your right to use the Holistic Pharms Sites and Materials is subject to your strict compliance with these Terms of Use and any Additional Terms. Your right to access and use the Holistic Pharms Sites and the Intellectual Property shall automatically terminate upon any violations. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability.

As your right to access and use the Holistic Pharms Sites and the Materials is personal to you, you may not assign nor transfer your right and any attempt to do so is void. Subject to your strict compliance with these Terms of Use, Holistic Pharms, LLC grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, use, or play the Materials on a personal device, and retain one copy of the Materials as it is displayed to you for your personal, non-commercial use only. The foregoing limited license does not give you any ownership of, or any other intellectual property interest in, any Materials.

Reservation of all Rights Not Granted. All rights not expressly granted to you are reserved by Holistic Pharms, LLC and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Holistic Pharms Sites and Materials for any purpose is prohibited.

Third-Party Interactions

Other Online Services. We are not responsible for other online services or their content, advertisement(s), apps, or websites ("Other Online Services"). For instance, portions of the Holistic Pharms Sites may be integrated into or linked to other websites, platforms, and apps that we do not control. Use caution when dealing with other parties and consult their terms of use and privacy policies. We take no responsibility for Other Online Services.

Business Transactions. To the extent permitted by applicable law, we reserve the right to transfer any information we obtain through the Holistic Pharms Sites in the event of a joint venture, partnership, merger, or other collaboration with another organization, including affiliates, or in the event, we sell or transfer all or a portion of our business or assets (e.g., further to a reorganization, liquidation, or any other business transaction, including negotiations of such transactions).

Marketing Messages

Text Messages. You may be given opportunities to subscribe to various text marketing or other text messaging programs, which may include messages sent by auto-dialers. These programs may include text messages from our various businesses and affiliates, as well as co-promotions. Your participation in any text message program will be subject to applicable Additional Terms as well as any other terms presented to you at the time you opt-in. Your consent to receive text messages is not required to purchase any product or service.

Email Messages. You may modify your email marketing communications preferences by following the instructions contained in our promotional emails. Please allow up to 10 business days for your request to be processed. Please note that even if you opt-out of receiving marketing communications, we may still send you transactional emails relating to your use of the Holistic Pharms Sites or emails sent as part of an existing business relationship.

User Submissions and Postings

We may provide user comment areas, message boards, or other interactive areas on the site ("User Forums") to give select users of the Holistic Pharms Sites a forum to express their opinions and share their ideas, information, materials, and other user-generated content (each "User Content").

Waiver of Rights. Whenever you send, post, upload or otherwise make available User Content on a User Forum or elsewhere on Holistic Pharms Sites or directly to Holistic Pharms, LLC (including by text message or email) you grant Holistic Pharms, LLC an irrevocable, worldwide, non-exclusive, unrestricted, unconditional, unlimited, perpetual, fully sub-licensable and assignable, royalty free licence to use, exploit, reproduce, modify, translate, incorporate into other works, create derivative works from, publish, broadcast, and otherwise use and exploit in any manner whatsoever, all or any portion of any User Content you post or submit to us, and your name, voice, likeness and other identifying information in connection with that User Content via any media now known or later developed (including on or via the Holistic Pharms Sites, or by means other than the Holistic Pharms Sites, including without limitation via our social media pages and accounts such as Facebook and Twitter), and to advertise, market, and promote the same, all without any obligation to you not required by applicable law, or explicit terms of our or applicable Additional Terms. You further authorize Holistic Pharms, LLC to publish your User Content in a searchable format that may be accessed by users of the Holistic Pharms Sites and the Internet.

As permitted by applicable law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. In addition, we and our successors assigns and licensees retain all of the rights held by members of the general public with regard to your User Content. Our receipt of your User Content is not an admission of their novelty, priority, or originality, and it does not impair our right to contest existing or future Intellectual Property rights relating to your User Content.

No Responsibility. We are not responsible for and we do not endorse, the User Content posted in User Forums or elsewhere on the Holistic Pharms Sites.

No Obligation to Pre-screen or Monitor. We retain the right (but not the obligation) in our sole discretion and for any reason, to pre-screen, monitor, edit, and refuse to accept, post, remove or move any User Content. If your User Content contains offensive, indecent or otherwise objectionable content or infringes on the rights of any third parties, you may bear legal responsibility for that User Content. You agree that Holistic Pharms, LLC has no obligation to monitor or enforce your intellectual property rights to your User Content, but has the right to protect and enforce its and its licensees' licensed rights to your User Content.

Availability of Holistic Pharms Sites and Materials. Holistic Pharms, LLC in its sole discretion without advance notice or liability, may immediately suspend or terminate the availability of the Holistic Pharms Sites and/or Materials (and any elements and features of them), in whole or in part, for any reason.

Creating an Account

If you register an account, you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your account. We may reject the use of any password, username, or email address for any reason in our sole discretion. You are solely responsible for your registration information and for updating and maintaining it. You will immediately notify us of any unauthorized use of your account, password, username, or any other breach of security, but will remain responsible for any unauthorized use thereafter. You will not sell, transfer, or assign your account or any account rights.

For any dispute as to account creation or authenticity, we shall have the sole right but are not obligated, to resolve such dispute as we determine appropriate, without notice.

The Holistic Pharms Sites, Materials, and any products and services appearing or marketed on the Holistic Pharms Sites are intended for and directed towards those who are of the age of majority in their jurisdiction of residence.

Purchases. In order to access certain features of the Holistic Pharms Sites, you may be required to make a purchase or enter into a subscription. Moreover, some aspects of the Holistic Pharms Sites may allow you to place orders for Products (defined below).

Generally. Any deal terms presented to you at the time of purchase or other transaction you conduct on or initiate on the Holistic Pharms Sites (“Transaction”) shall be considered Additional Terms. You agree to pay Holistic Pharms, LLC all charges at the prices presented to you. You must provide, and authorize Holistic Pharms, LLC to charge, your chosen payment provider (your "Payment Method") when you make a purchase. You agree to make a payment using that selected Payment Method. Holistic Pharms, LLC may correct any billing errors or mistakes that it makes even if it has already requested or received payment (Holistic Pharms, LLC will issue the appropriate refund should this occur).

Purchase of Products. Your purchase of any products on the Holistic Pharms Site (“Products”) is subject to our Terms of Sale Retail, unless you are purchasing as a wholesale customer or you or your purchase otherwise falls within the scope of the Terms of Sale Wholesale Accounts as provided in the Terms of Sale Wholesale Accounts (such customers, “Wholesale Customers”).

Taxes. Some Transactions may be subject to taxes in certain states, provinces or territories. Depending on your jurisdiction of residence and the nature of the product or service you receive from us, this may be a rental tax, value added tax, sales tax and/or use tax. Tax rates are different from jurisdiction to jurisdiction. You are responsible for paying all such taxes.

Notice and Takedown Procedure for Claims of Infringement

We expect users of the Holistic Pharms Sites to respect the intellectual property rights of others. It is our policy to respond appropriately to clear notices of alleged copyright infringement. In our sole discretion, we may remove content that may be infringing on another person's intellectual property rights with or without notice to the potential infringer. In accordance with the U.S. Digital Millennium Copyright Act (DMCA) and other applicable laws, Holistic Pharms, LLC has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers.

If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner's) copyright in that work has been infringed by an improper posting or distribution of it through the Holistic Pharms Sites, then you may send us a written notice that must include all of the following:

• "DMCA Copyright Infringement Notice" in the heading or subject line.
• A description of the copyrighted work you believe to have been infringed.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material (e.g., a screenshot of the location where the material is located or a URL).
• Accurate and adequate information that we can use to contact you (including your full name, postal address, telephone number, and email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed).
• Your physical or electronic signature.

We will respond to notices of claimed copyright infringement in accordance with the DMCA. Holistic Pharms, LLC will only respond to DMCA notices that it receives by mail or email at the addresses below:

Legal Officer
3267 Bee Cave RD, STE 107-187
Austin, TX 78746 USA
support@bioonesciences.com

It is often difficult to determine if your copyright has been infringed. Holistic Pharms, LLC may elect to not respond to DMCA notices that do not substantially comply with all of the foregoing requirements, and we may elect to remove allegedly infringing material that comes to our attention via notices that do not substantially comply with the DMCA. Please note that the DMCA provides that any person who knowingly materially misrepresents an infringement may be subject to liability. We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA counter-notification.

Sweepstakes, Contests, & Promotions

Any sweepstakes, contests, or other promotions (any, a "Promotion") that may be offered via the Holistic Pharms Sites may be governed by a separate set of rules that may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the Promotion, use of User Content, and disclosures about how your personal information may be used. It is your responsibility to read these rules to determine whether or not you want to and are eligible to participate, register and/or enter, and to determine the applicable terms and conditions of the Promotion. By participating in a Promotion, you will be subject to those official rules, and you agree to comply with and abide by such rules and the decisions of the identified sponsor(s).

Notices, Questions, and Customer Service

You agree that we may give you notices or otherwise respond to you by mail or to your email (if we have it on file) or in any other manner reasonably elected by us. If you have a question regarding the Holistic Pharms Sites, you may contact Customer Experience by sending an email to support@bioonesciences.com. You acknowledge that we have no obligation to provide you with customer support of any kind and that customer service personnel cannot change or waive any sections within the Terms of Use or applicable Additional Terms.

We do our best to ensure that the information on the Holistic Pharms Sites is accurate and helpful at all times. However, we cannot ultimately promise the accuracy of any information and cannot be held responsible for any use or reliance you may make of it or put on it except as specifically agreed with us in writing.

We do our best to ensure that the Holistic Pharms Sites operate properly at all times, but we make no warranties as to the availability or accessibility of the Holistic Pharms Sites, and (except as otherwise set out in these notices and disclaimers) we will not be liable for any damages, loss, costs or expenses incurred by you as a result of any lack of availability or accessibility of the Holistic Pharms Sites.

Product Specifications; Pricing; Typographical Errors

We strive to accurately describe our products offered on the Holistic Pharms Sites; however, we do not warrant that such specifications, pricing, or other content on the Holistic Pharms Sites is complete, accurate, reliable, current, or error-free. As permitted by applicable law, Holistic Pharms, LLC shall have the right to refuse or cancel any orders at its sole discretion. Your orders are offers to purchase subject to our acceptance, which we may reject or cancel subject to refund. If we charged your credit card or other accounts prior to rejection or cancellation, we will reissue credit to your account. Additional Terms may apply. If a product you purchased or accepted from Holistic Pharms, LLC is not as described, as permitted by applicable law, your sole remedy is to return it and receive a credit for the purchase price.

Arbitration and Dispute Terms

Forum Selection/Jurisdiction (INAPPLICABLE TO QUEBEC RESIDENTS). Jurisdiction and venue for any controversy, allegation, or claim arising out of or relating to the Holistic Pharms Sites, the Materials, your User Content, these Terms of Use, or any applicable Additional Terms, (collectively, "Dispute") shall be exclusively in the federal and state courts in, or with jurisdiction over, Travis County, Texas. Each party submits to personal jurisdiction and venue of the federal and state courts in, or with jurisdiction over, Travis County, Texas for any and all purposes.

Pre-Arbitration Notification (INAPPLICABLE TO QUEBEC RESIDENTS). Holistic Pharms, LLC and you agree that it would be advantageous to discuss and hopefully resolve any Disputes before formal proceedings are initiated; provided, however, that Holistic Pharms, LLC need not do so in circumstances where its claims of Intellectual Property rights are concerned ("IP Disputes," with all other disputes referred to as "General Disputes"). The party making a claim – whether you or Holistic Pharms, LLC – shall send a letter to the other side briefly summarizing the claim and the request for relief. If Holistic Pharms, LLC is making a claim, the letter shall be sent, via email, to the email address listed in your Holistic Pharms, LLC account, if applicable. If no such information exists or if such information is not current, then we have no notification or delay obligations under this Section. If you are making a claim, the letter shall be sent to Holistic Pharms, LLC., Attn: General Counsel, 3267 Bee Cave RD, STE 107-187, Austin TX 78746. If the Dispute is not resolved within sixty (60) days after notification, the claimant may proceed to initiate proceedings as set forth in this Section. Either you or Holistic Pharms, LLC, however, may seek provisional remedies (such as preliminary injunctive relief, subject to the exceptions disclosed herein) before the expiration of this sixty (60)-day period.

Arbitration of Claims. (INAPPLICABLE TO QUEBEC RESIDENTS). Unless you give us notice of opt-out within five (5) business days of your first use of a Holistic Pharms Site, addressed to Holistic Pharms, LLC., Attn: General Counsel, 3267 Bee Cave RD, STE 107-187, Austin TX 78746, all actions or proceedings arising in connection with, touching upon or relating to any Dispute, or the scope of the provisions of this Section, shall be submitted to JAMS (www.jamsadr.com) for final and binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000 or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less, to be held in Travis County, Texas, before a single arbitrator. If the matter in dispute is between Holistic Pharms, LLC and a consumer, the matter shall be submitted to JAMS in accordance with its Policy on Consumer Arbitration Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS.

We may have the right to pay the JAMS fees if required for arbitration to be enforceable. The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates lawyers, insurance providers, auditors, and other professional advisers. The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator's award is based. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator's award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief (subject to the provisions of these Terms of Use waiving or limiting that relief) in a court of competent jurisdiction in Travis County, Texas, or, if sought by Holistic Pharms, LLC, such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this section; provided further, however, that the losing party shall have fifteen (15) business days after the issuance of the arbitrator's decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to the court or, in the case of you, such other court having jurisdiction over you, which may be made ex parte, for confirmation and enforcement of the award.

Limitation on Injunctive Relief. AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE HOLISTIC PHARMS SITES, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, MATERIALS, USER CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ANY HOLISTIC PHARMS, LLC PARTY (DEFINED BELOW) (INCLUDING YOUR LICENSED USER CONTENT) OR A LICENSOR OF ANY HOLISTIC PHARMS, LLC PARTY.

Governing Law. (INAPPLICABLE TO QUEBEC RESIDENTS). These Terms of Use and any applicable Additional Terms, General Disputes and IP Disputes, and any other claim brought by you against Holistic Pharms, LLC or by Holistic Pharms, LLC against you pursuant to this section, or otherwise related to the Holistic Pharms Sites, Materials, User Content, or other Holistic Pharms, LLC products or services, will be governed by, construed, and resolved in accordance with, the laws of the State of Florida, U.S.A., without regard to its conflicts of law provisions that might apply the laws of another jurisdiction. This section shall be governed solely by the Federal Arbitration Act, 9 U.S.C. §1, et seq., and not by the law of any state, and is enforceable pursuant to its terms on a self-executing basis. You and Holistic Pharms, LLC agree that we intend that this section satisfies the "writing" requirement of the Federal Arbitration Act. This section can only be amended by mutual agreement. Either party may seek enforcement of this section in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.

Class Action and Trial by Jury Waiver. (INAPPLICABLE TO QUEBEC RESIDENTS). DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND WILL NOT BE JOINED OR CONSOLIDATED WITH ANY OTHER ARBITRATIONS OR OTHER PROCEEDINGS THAT INVOLVE ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. YOU AND HOLISTIC PHARMS, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE TO WAIVE TRIAL BY JURY IN ANY DISPUTE.

Small Claims Matters. Notwithstanding the foregoing, either of us may bring qualifying claims of General Dispute (but not IP Disputes) in small claims court. This section shall remain in full force and effect notwithstanding any termination of your use of the Holistic Pharms Sites or these Terms of Use.

Disclaimer of Representations and Warranties

AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE HOLISTIC PHARMS SITES ARE AT YOUR SOLE RISK AND THE HOLISTIC PHARMS SITES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS. To the fullest extent permissible by applicable law, Holistic Pharms, LLC and their direct and indirect parents, subsidiaries, affiliates, and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, "Holistic Pharms, LLC Parties") hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, in connection with, or otherwise directly or indirectly related to, without limitation, the Holistic Pharms Sites, Materials, User Content or other Holistic Pharms, LLC products or services, except as set forth below.

EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN, OR INAPPLICABLE ADDITIONAL TERMS, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, Holistic Pharms, LLC PARTIES HEREBY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY HOLISTIC PHARMS, LLC PARTIES, OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY HOLISTIC PHARMS, LLC PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) HOLISTIC PHARMS, LLC PARTIES' LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY HOLISTIC PHARMS, LLC PARTIES TO THE EXTENT NOT WAIVABLE OR CAN NOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST HOLISTIC PHARMS, LLC PARTIES THAT IS NOT WAIVABLE OR CAN NOT BE LIMITED UNDER APPLICABLE LAW.

Limitations of our Liability

AS PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY HOLISTIC PHARMS, LLC PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including without limitation loss of profits, in connection with, or otherwise directly or indirectly related to, without limitation, the Holistic Pharms Sites, Materials, User Content or other Holistic Pharms, LLC products or services, except, to the extent not waivable under applicable law, for direct damages for personal injury caused by a physical product manufactured, sold or provided by Holistic Pharms, LLC.

The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if Holistic Pharms, LLC Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Holistic Pharms Sites).

AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HOLISTIC PHARMS, LLC PARTIES' TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE HOLISTIC PHARMS SITES AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID HOLISTIC PHARMS, LLC IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S).

NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY HOLISTIC PHARMS, LLC PARTIES, OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY HOLISTIC PHARMS, LLC PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) HOLISTIC PHARMS, LLC PARTIES' LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY HOLISTIC PHARMS, LLC PARTIES TO THE EXTENT NOT WAIVABLE OR CAN NOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST HOLISTIC PHARMS, LLC PARTIES THAT IS NOT WAIVABLE OR CAN NOT BE LIMITED UNDER APPLICABLE LAW.

General Provisions

Severability. If any provision of these Terms of Use is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions (and the remainder of the provision in question) shall be unaffected.

Entire Agreement. Except for any Additional Terms that apply to your use of the Holistic Pharms Sites as we may notify or make available to you, this is the entire understanding between you and us regarding the use of the Holistic Pharms Sites and supersedes all prior and contemporaneous agreements and understandings between you and us regarding this subject matter.

Assignment. These Terms of Use and all of your rights and obligations under it are not assignable or transferable by you without our prior written consent. We may freely assign, transfer, or delegate these Terms of Use or any of our rights and obligations under it.

Termination or Changes. To the extent permitted by law, we reserve the right to terminate your access to and use of the Holistic Pharms Sites and any of its features in our sole discretion, without notice and liability, including, without limitation, if we believe your conduct fails to conform to these Terms of Use or any Additional Terms that may be provided to you or agreed upon between you and us.

We also reserve the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any Materials, information, or content available on the Holistic Pharms Sites, without limitation, in whole or in part, including the cessation of all activities associated with the Holistic Pharms Sites, with or without notice. You agree that we will not be liable to you or to any other party for any modification, suspension, or discontinuance of the Holistic Pharms Sites or any part thereof. We also reserve the right to charge for use of the Holistic Pharms Sites, in whole or in part, and to change its fees from time to time at its discretion.

Indemnity. As permitted by applicable law, you agree to, and you hereby, defend (if requested by Holistic Pharms, LLC), indemnify, and hold Holistic Pharms, LLC Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Holistic Pharms, LLC Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your User Content; (ii) your use of the Holistic Pharms Sites and your activities in connection with the Holistic Pharms Sites; (iii) your breach or alleged breach of these Terms of Use or any applicable Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Holistic Pharms Sites or your activities in connection with the Holistic Pharms Sites; (v) information or material transmitted through your device, even if not submitted by you, that infringes, violates, or misappropriates any Intellectual Property, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Holistic Pharms, LLC Parties’ use of the information that you submit to us (including your User Content) subject to our (all of the foregoing, “Claims and Losses”).

You will cooperate as fully required by Holistic Pharms, LLC Parties in the defense of any Claims and Losses. Notwithstanding the foregoing, Holistic Pharms, LLC Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Holistic Pharms, LLC Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Holistic Pharms, LLC Party. This section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.

Our Affiliates, Suppliers, and Licensors. Our affiliates, suppliers, licensors, and other Holistic Pharms, LLC Parties are intended third-party beneficiaries of these Terms of Use.

No Waiver. Our failure or delay to exercise or enforce any right, remedy, or provision of these Terms of Use or by law will not operate as a waiver of such or any other right, remedy, or provision.

Investigations; Cooperation with Law Enforcement. Holistic Pharms, LLC reserves the right to investigate and prosecute any suspected or actual violations of these Terms of Use. Holistic Pharms, LLC may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.

International Issues. Holistic Pharms, LLC controls and operates the Holistic Pharms Sites from its offices in the United States and Canada, and Holistic Pharms, LLC makes no representation that the Holistic Pharms Sites are appropriate or available for use beyond the United States and Canada. If you use the Holistic Pharms Sites from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. We reserve the right to limit the availability of the Holistic Pharms Sites and/or the provision of any content, program, product, service, or other feature described or available through the Holistic Pharms Sites to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide.

Electronic Contracting. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree, or consent via the Holistic Pharms Sites it is intended to be an electronic signature that binds you as if you had signed on paper. You agree that your use of the Holistic Pharms Sites, other than to read the Terms of Use and Privacy Policy, constitutes agreement to the Terms of Use, and any applicable Additional Terms then posted without further action by you.

California Notices. In accordance with California Business and Professions Code Section 17538 et al., Holistic Pharms, LLC’s return and refund policy is available here; the legal name under which Holistic Pharms, LLC conducts business is Holistic Pharms, LLC.; and Holistic Pharms, LLC's business address is 3267 Bee Cave RD, STE 107-187, Austin TX, 78746 USA. Within five (5) days of Holistic Pharms, LLC receipt of your request, California residents may receive verification of this information by email by contacting us at support@bioonesciences.com.

Residents of California are also entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite N 112, Sacramento, California, 95834, or by telephone at (916) 445-1254. Hearing-impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700. Their website is located at: https://www.dca.ca.gov.

Any California residents under the age of eighteen (18) who have registered to use the Holistic Pharms Sites, and who have posted content or information on the Holistic Pharms Sites, can request that such information be removed from the Holistic Pharms Sites by contacting us at the email address set forth below, making such a request, stating that they personally posted such content or information and detailing where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive removal. For instance, other online services may have republished the post and archived copies of it may be stored by search engines and others that we do not control.

California residents should visit our Privacy Notice for California Residents here to learn more about their California privacy rights.

Force Majeure. We will not be liable to you for failing to perform our obligations under or arising out of these Terms of Use or any applicable laws or regulations because of any event beyond our reasonable control.

Contact Holistic Pharms, LLC

You may contact us with questions regarding these Terms of Use by emailing support@bioonesciences.com or calling 800-993-5971