Terms and Conditions
TERMS AND CONDITIONS OF USE
Last Updated: December 18, 2019
Compound Solutions, Inc. (“CSI,” “we,” “us,” or “our”) owns and operates this website, compoundsolutions.com. These Terms and Conditions of Use (“Terms and Conditions”) apply to the website located at compoundsolutions.com (the “Website”).
The entire content included in or made available on this Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads and data compilation is the property of CSI or its licensors and protected by U.S. and international copyright laws. The compilation of all content included in or made available through this Website is the exclusive property of CSI and protected by U.S. and international copyright laws.
All of the trademarks, trade names, service marks, logos, and trade dress used or displayed on this Website are registered and unregistered trademarks, trade names, service marks, logos, and trade dress owned or licensed by CSI in the U.S. and other countries. CSI’s trademarks, trade names, service marks, logos, and trade dress may not be used in connection with any product or service that is not CSI’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CSI. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks, logos, or trade dress displayed on this Website without the written permission of CSI.
All of the patents displayed on this Website are owned or licensed by CSI in the U.S. and other countries. CSI’s patents may not be used in connection with any product or service that is not CSI’s or in any manner that infringes its patents. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any patents without the written permission of CSI.
PRODUCT DESCRIPTIONS, INFORMATION, CLAIMS, AND SERVICES
CSI provides descriptions of the products and services included on the Website. CSI attempts to be as accurate as possible. However, CSI does not warrant that the product descriptions, sales descriptions, information, claims, or other content, are accurate, complete, reliable, current, or error-free. It is your responsibility to verify the product descriptions, sales descriptions, information, claims, or other content. It is also your responsibility to consult legal counsel regarding your ability to lawfully sell the products, use the services, and/or whether you can make the claims on your product formulations in compliance with federal, state, or local laws, rules, and ordinances. The claims on the Website, including, without limitation, the structure/function claims, are for informational purposes only. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration (“FDA”) and are not intended to diagnose, treat, cure, or prevent any disease. Information available on or through the Website is not meant to substitute the advice provided by your doctor or other health care professional. You should not use the information available on or through the Website, including but not limited to information that may be provided by healthcare or nutrition professionals, for diagnosing or treating a health condition or disease. Any testimonials have not been checked to determine whether a specific endorser’s experience is what an average or typical consumer may expect to achieve and not all consumers may achieve the same results.
DISCLAIMER OF WARRANTIES
THE PRODUCT DESCRIPTIONS, INFORMATION, CLAIMS, CONTENT, AND SERVICES INCLUDED ON THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER CSI, NOR ANY OF ITS LICENSORS, WARRANT THE ACCURACY OR COMPLETENESS OF THE PRODUCT DESCRIPTIONS, INFORMATION, CLAIMS, CONTENT OR SERVICES INCLUDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. CSI DOES NOT WARRANT THAT THE PRODUCTS, INFORMATION, CLAIMS, CONTENT, AND SERVICES INCLUDED ON THE WEBSITE ARE COMPLIANT WITH THE FEDERAL FOOD, DRUG AND COSMETIC ACT, INCLUDING, WITHOUT LIMITATION, THE DIETARY SUPPLEMENT HEALTH AND EDUCATION ACT OF 1994.
LIMITATION OF LIABILITY
TO THE FULL EXTENT PERMISSIBLE BY LAW, CSI, AND ITS LICENSORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, OR ASSIGNS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PRODUCT, PRODUCT DESCRIPTION, INFORMATION, CLAIMS, CONTENT, AND SERVICES INCLUDED ON THE WEBSITE OR ANYTHING ELSE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CSI assumes no 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.
In the event of any problem with this Website or any content, you agree that your sole remedy is to cease using this Website.
THIRD PARTY LINKS
In an attempt to provide increased value to our visitors, CSI may link to sites operated by third parties. CSI has no control over these linked sites, all of which have separate terms and conditions of use and privacy and data collection practices, independent of CSI. These linked sites are only for your convenience and therefore you access them at your own risk. CSI is not responsible for any content, materials or other information located on or accessible from any other website.
LINKING TO CSI’S WEBSITE
Creating or maintaining any link from another website to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Website must comply will all applicable laws, rule and regulations.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your intellectual property rights have been infringed, please submit your complaint via email to firstname.lastname@example.org. You may report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.
If you engage in any unlawful or impermissible use of the Website, CSI may terminate or block your ability to use the Website at any time. Any violation by you of these Terms and Conditions will constitute an unlawful and unfair business practice and will cause irreparable harm to CSI for which monetary damages would be inadequate. You consent to CSI obtaining any injunctive or equitable relief should we deem such action to be necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that CSI may have at law or in equity. If CSI takes any legal action against you as a result of your violation of these Terms and Conditions, CSI shall be entitled to recover from you, and you shall be obligated to pay, all reasonable attorneys’ fees and costs of such action in addition to any other relief granted to CSI.
Any dispute or claim relating in any way to your use of the Website shall be resolved by binding arbitration, rather than in court, except that CSI is not required to arbitrate any dispute in which it seeks equitable and other relief for the alleged unlawful use, infringement, or misappropriation of its copyrights, trademarks, trade names, logos, trade secrets, or patents.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Compound Solutions, Inc., Attention: Brianna Davey, 1930 Palomar Point Way, #105, Carlsbad, CA 92008 and via e-mail to email@example.com. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You hereby waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration.
APPLICABLE LAW AND VENUE
You agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, shall govern these Terms and Conditions and any dispute of any sort that might arise between you and CSI. You consent to personal jurisdiction and venue for arbitration in San Diego County, California. In circumstances where CSI may proceed with litigation in court, you consent to submit to the personal jurisdiction by and venue in the state and state and federal courts in San Diego County, California.
MODIFICATION, SEVERABILITY, AND ENTIRE AGREEMENT
We reserve the right to make changes to our Website, policies, and these Terms and Conditions at any time. If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions. These Terms and Conditions set forth the entire understanding and agreement between you and CSI with respect to the Website. You acknowledge that any other agreements, understandings, communications, and negotiations between you and CSI with respect to the Website are superseded by these Term and Conditions, these terms of which shall prevail.