Terms & Conditions

Effective Date: 08/07/2020

These Terms and Conditions of Use (“Terms”) are a legal agreement between you and PhysioTru (“we”), a Florida corporation with its offices located at 218 E. Bearss Ave., Ste. 203, Tampa, FL 33613. Use of this Site represents your agreement to these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THIS WEB SITE (“SITE”), AND YOU SHOULD NOT PLACE AN ORDER FROM OR OTHERWISE INTERACT WITH THIS SITE.

By accessing or using this Site, you represent that you are at least the legal age of majority and will, at all times, provide true, accurate, current and complete information when submitting information or materials on this Site, including, without limitation, when you provide information via a registration or order form. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of this Site.

All content of this Site is owned and controlled by PhysioTru or its licensors and is protected by worldwide copyright laws. This Site is protected by copyright by PhysioTru and/or its licensors. All rights reserved. The trademarks, service marks, trade names, trade dress and products on this Site are either trademarks or registered trademarks of PhysioTru or its licensors, or are otherwise the property of their respective owners. No use of these marks may be made without the prior, written authorization of the owners, except to identify the products or services of the company.

These terms provide you a personal, revocable, limited, non-exclusive, and non-transferable license to use this Site conditioned on your continued compliance with these Terms. You may print and download content from this Site only for your personal use and for non-commercial purposes but no modification or further reproduction of the content is permitted. The content may not otherwise be copied, translated, published, removed, altered, licensed, sublicensed, transferred, sold, mirrored, framed, exploited, rented, leased, private labeled, or otherwise used by you in any way not expressly permitted herein. You expressly acknowledge and agree that PhysioTru transfers no ownership or intellectual property interest or title in and to this Site to you or anyone else.

This Site is provided for personal and informational purposes only. This Site is not to be construed as any attempt to either prescribe or practice medicine. Neither is the Site to be understood as offering any cure for any type of acute or chronic health problem. You should always consult with a competent, fully licensed medical professional when making any decision regarding your health.

Our products consist of vitamins and nutritional supplements which may provide an effective means to improve your health. However, please be advised that the Food and Drug Administration has not evaluated our products or their effectiveness. Our products are not intended to diagnose, treat, cure or prevent any disease.

The owners of this Site will use reasonable efforts to include up-to-date and accurate information on this Site, but make no representations, warranties, or assurances as to the accuracy, currency, or completeness of the information provided or as to the effectiveness of any product sold through this Site. The owners of this Site shall not be liable for any damages or injury resulting from your access to, or inability to access, this Site, or from your reliance upon any information provided on this Site, or from your use of any product purchased through this Site.

This Site may provide links or references to other web sites but the owners of this Site have shall assume no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from the use of such sites. Any and all links to other sites are provided as merely a convenience to the users of this Site and are not affiliated, connected, or associated in any way to this Site.

Any personally identifiable information in the form of electronic communications to this Site is governed by our Privacy Policy. The owners of this Site shall be free to use or copy any non-personally identifiable information in any such communications, including ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose. Such purpose may include disclosure to third parties and/or developing, manufacturing and/or marketing goods or services.

Our Privacy Policy is designed to tell you about our practices regarding collection, use, and disclosure of information that you may provide via this Site. Please be sure to read the Privacy Policy in its entirety before using, or submitting information, to this Site. This Site is intended for use by residents of the United States.

SHARING YOUR CONTENT AND INFORMATION

This Site may contain message boards, comment areas, questionnaires, blogs, and other interactive features where you can share and post information. To the extent this Site contains such features (collectively, “Forums”) and you participate in such Forums, you agree to the following:

  1. For any content you provide to our Forums, including, without limitation, statements, descriptions, photos, ideas, graphics, or other depictions, (“User Content”), you automatically grant PhysioTru a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, royalty-free, worldwide right and license to use, reproduce, modify, publish, translate, creative derivative works from distribute, transmit, perform, and display any User Content.
  2. You represent that you have all necessary rights to provide the User Content to us and post it in a Forum, and you also acknowledge that such postings are non-confidential for all purposes and that we have no control over the extent to which any User Content may be used by any party or person once it is posted or displayed. Accordingly, notwithstanding the right and license granted to us in these Terms, you understand and agree that we have not become and are not a publisher of such User Content and are merely functioning as an intermediary to enable you to provide and display User Content. Moreover, we assume no responsibility for the deletion of or failure to store any User Content. We recommend that you do not post, display, or transmit any User Content containing confidential, personal, or sensitive information, all of which you post, display, or transmit at your own risk.
  3. You may not post, display, or transmit User Content that contains any of the following:
    • Content that is unlawful, libelous, defamatory, degrading, sexually explicit, obscene, abusive, violative of any third party’s privacy rights, and/or contains personal information of third parties such as telephone numbers, street addresses, or email addresses.
    • Content that encourages criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction
    • Content that does not contain original material in which you own the copyright and/or that you have the legal right or license to reproduce, adapt, display, and or distribute to other.
    • Content that impersonates any other person or entity, whether actual or fictitious.
    • Content that constitutes junk mail, spam, or unauthorized advertising or promotional materials;
    • Content that is off-topic for a designated Forum.

We always appreciate your feedback or other suggestions about our Site, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

We respect other people’s rights, and expect you to do the same. You agree that we can remove any User Content you post on the Site if we believe that it violates these Terms. If we removed your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.

DO NOT SELL MY PERSONAL INFORMATION

For California Residents Only. A list of the categories of personal information which we collect and the business/commercial purposes for which such is used is listed in the “Legal Rights Available to California Residents to Help Manage Your Privacy” section of our Privacy Policy, which is located here: Privacy Policy.

If you are a California resident, under the California Consumer Privacy Act (“CCPA”), you have the right to opt-out of the sale of your personal information. To submit a request to opt-out of the sale of your personal information, you may complete the information requested in the webform below and click on the “Do Not Sell My Personal Information” button, or email us at customercare@physiotru.com. To process your request, we may require that you submit the following information in conjunction with your request: your name, a California address, your email address, and phone number.

You may exercise your right to opt-out through an authorized agent. If you elect to use an authorized agent to exercise your right to opt-out of the sale of your personal information, we may require the following before processing the request: a) provide proof of your written and signed permission with the authorized agent to act on your behalf; 2) directly verify your own identity with us; and 3) directly confirm with us that you provided the authorized agent permission to submit the request on your behalf. We will only use the information which you submit to us for the express purposes of verification and complying with your opt-out request.

Our general privacy policy is located at Privacy Policy. Individuals with a disability which interferes with their ability to submit an opt-out request hereunder may contact us by emailing customercare@physiotru.com or by mail at PhysioTru, 218 E. Bearss Ave., Ste. 203, Tampa, FL 33613 to access this notice and information in an alternative format.

CONTINUITY AND AUTOSHIP PROGRAMS

If you are placing an order online as part of one of our auto-ship programs, your membership in the VIP program ("Program") will remain in effect until cancelled. If you sign up for the Program on the Site, the payment card you provide will be reprocessed according to the purchase option chosen at the time of checkout.

This means that, unless and until you cancel, you will automatically be enrolled in our Auto-Ship program. You will continue to receive a fresh supply according to the purchase option you chose and does not include any additional products included in your order.  For example: If you purchase a single bottle, your next shipment will transact 30 days from the date of the initial order.  If you purchase a 4 pack, your next shipment will transact 120 days from the date of the initial order.  And, if you purchase an 8 pack, your next shipment will transact 240 days from the date of the initial order.   To cancel future shipments in the auto-ship program, you must contact us at least 2 business days prior to the date that your next scheduled delivery ships.

Your membership in the program will remain in effect until you cancel by following the cancellation instructions below. If you wish to cancel your participation in one of our automatic replenishment programs, you may do so by contacting customer service by calling 1-888-332-9372 or emailing Support@PhysioTru.com

By proceeding with your purchase, you acknowledge and agree that PhysioTru will not obtain additional authorization from you for each future automatic shipment program that will be charged to the payment card you provided initially. In addition, you do not hold PhysioTru responsible for any overdraft charges or fees which you might incur during the ongoing Auto-Ship Program.

We may, at our sole discretion, terminate your membership in the Program at any time without notice to you. We reserve the right to refuse or discontinue the supply of any PhysioTru product to any user at any time at our sole discretion. You must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid (for example, for loss or theft). Changes to such information can be made by calling a customer service representative at 1-888-332-9372.

You agree to indemnify PhysioTru, Inc., its officers, employees, vendors for any financial harm or any losses caused by Your objections to fees that do not comply with this Section. You will be held responsible for the reimbursement of any fees and losses incurred as a result of Your failure to comply with any provision in this Agreement.

PAYMENT

Customer expressly agrees that if Customer pays by credit card, check or demand debit, Customer shall abide by the following statement: "I hereby authorize to initiate debit/credit entries to my bank deposit account or credit card.

E-SIGN CONSENT

By clicking the “Place your order” button on the Site and/or by opting-in to receive communications from us via email and/or text message, you adopt such as your electronic signature, and consent and agree that PhysioTru may provide you with electronic communications and disclosures (collectively, “Communications”) via email, by making them accessible on this Site or other website designated by Company; and your electronic signature on agreements and documents has the same effect as if you signed them in writing. If you wish to revoke/withdraw your consent at any time, please contact us at Support@PhysioTru.com. Withdrawal of your consent may result in termination of your access to the Site. Any withdrawal will be effective only after a reasonable period of time to process your withdrawal. You are responsible for providing us with true and accurate information, including your contact information. To access and retain the Communications, you will need the following: computer or mobile device with access/use of the internet or mobile connectivity and an operating system capable of receiving, accessing, and displaying Communications; a supported internet browser; sufficient storage space to save Communications and/or a printer to print them; and a valid email account and software to access such email account. You have the right to receive Communications in paper form. Please contact us at Support@PhysioTru.com to request a paper copy of any Communications at no charge. A request will not be treated as withdrawal of consent to receive electronic Communications.

DISCLAIMER; LIMITATION OF LIABILITY

THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THERE SHALL BE NO LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE THE SITE, OUR PRODUCTS, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT.

GOVERNING LAW

The law of the State of Florida without reference to its rules regarding conflicts of law shall govern use of the Site, the validity and construction of these Terms and the Privacy Policy, and the interpretation of the rights and duties arising under such.

ARBITRATION

Except as otherwise provided by applicable law, any and all controversies and disputes arising out of or related to the Site, these Terms, the Privacy Policy, and/or their interpretation shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Tampa, Florida. The United States Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to this arbitration clause. In no event shall the arbitrator(s) have any authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. Irrespective of the outcome of arbitration, each party shall bear its own costs and expenses, including its own attorneys’ fees, and an equal share of the arbitrator(s)’ fees and administrative fees of arbitration. The arbitrator(s) shall not determine or award any alternative allocation of costs and expenses, including any attorneys’ fees. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. You agree and submit to the personal jurisdiction and venue of any such court of competent jurisdiction. In the event that this arbitration clause is deemed to be invalid or otherwise unenforceable or illegal, the remaining provisions of these Terms shall remain in full force and effect, including the waiver of the right to proceed in a class action. THE PARTIES AGREE TO WAIVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CONSOLIDATED OR CLASS ACTION AND AGREE THAT ALL FORMS OF CLASS ACTION OR CLASS ARBITRATION ARE EXPRESSLY PROHIBITED. THE PARTIES UNDERSTAND THEY WILL NOT HAVE THE RIGHT TO A TRIAL BY A COURT OR A JURY AND THAT THE INFORMATION THAT CAN BE OBTAINED IN DISCOVERY FROM EACH OTHER OR FROM THIRD PERSONS IN ARBITRATION IS GENERALLY MORE LIMITED THAN IN A LAWSUIT. IN ADDITION, OTHER RIGHTS THAT THE PARTIES WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

REJECTION, DAMAGE OR LOSS IN TRANSIT

We shall not be liable and You shall not be entitled to reject Products, except for: (a) damage to or loss of Products or any part thereof in transit when notified to PhysioTru, Inc., within 5 business days of  receipt of the Products; and (b) defects in Products (not being defects caused by any act, neglect or default on your part) notified in writing to PhysioTru, Inc., within 30 days of receipt of the Products.

We shall not be liable for any damage or losses arising from the use of the Products in connection with other defective or unsuitable Products; Your negligence; improper use or use in any manner inconsistent with the manufacturer's specifications or instructions.

Where there is a shortage or failure to deliver, or any defect in or damage to a Product, We may at our option: (a) (in the case of Product shortage or non-delivery) make good on any such shortage or non-delivery; and/or (b) in the case of damage or any defect(s) in the Product and in accordance with any applicable Returns Policy: (i) replace or repair the Product upon You returning the Product; or (ii) refund the price paid in respect of any Products found to be damaged or defective.

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have given us your consent to allow your minor dependent(s) to use this Site.

SEVERABILITY; WAIVER

If for whatever reason, any term or condition in this Agreement is determined to be unenforceable, all other provisions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

CHANGES TO THESE TERMS

We reserve the right, in our sole discretion, to modify these Terms at any time. If we decide to change these Terms, we will post those changes on our Site and update the “Effective Date” at the top of these Terms. We encourage you to periodically review these Terms. Your continued use of this Site after any changes have been posted constitutes your agreement to the changes.


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