Terms of service

Introduction

IMPORTANT: PLEASE READ AND UNDERSTAND THESE TERMS OF SALE CAREFULLY BEFORE ACCESSING, USING, OR PLACING AN ORDER THROUGH OUR WEBSITE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY (see Sections 14 and 15). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND KEEP A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

Your use of https://pharmagrow.com/, including any subdomains, affiliated websites, and mobile applications thereof (collectively, the “Website”), which are owned and maintained by Pharma Grow (“we,” “us,” or “our”), is governed by the policies, terms, and conditions set forth below. Please read them carefully. We offer the Website, including all information, tools, products, and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein. By accessing, using, or placing an order through the Website, you agree to the terms set forth in this document. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form.

THIS AGREEMENT CONTAINS ARBITRATION PROVISIONS AND A CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING, YOUR RIGHT TO A JURY TRIAL, AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE SOLE REMEDY FOR ANY AND ALL DISPUTES UNLESS OTHERWISE SPECIFIED BELOW IN SECTION 16 OR UNLESS YOU OPT OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 16 BELOW, WHICH DESCRIBE YOUR RIGHT TO OPT OUT.

You may review the most current version of the Terms at any time on this page (https://pharmagrow.com/policies/terms-of-service). We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes on our Website. It is your responsibility to check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES YOUR BINDING ACCEPTANCE OF SUCH CHANGES.

TABLE OF CONTENTS

Use of the Website
Privacy and Security Statement
General Conditions and Website User Conduct Restrictions
Products Sold to Adults, for Personal Use Only, and as Part of a Healthy Lifestyle
No Medical Advice and Accuracy, Completeness, and Timeliness of Information
Website Modifications and Prices
Payment
Order Placement and Acceptance
Subscriptions
Shipping
Shipping Confirmation
Returns and Refunds
Social Media
Disclaimer of Warranties
Limitation of Liability
Dispute Resolution Through Mandatory Binding Arbitration and Class Action Waiver
Indemnification
Third-Party Websites and Links
Testimonials, Reviews, and Other Submissions
Digital Millennium Copyright Act Notice
Electronic Communications
Assignment
No Waiver
No Agency Relationship
Severability
Termination
Entire Agreement
Questions or Additional Information

TERMS OF SALE

1. USE OF THE WEBSITE

By using the Website and accepting these Terms, you represent that you are at least the age of majority in your state or province of residence. If you use the Website, you affirm that you have the legal capacity to enter into a binding contract with us, that you have read this Agreement, and that you understand and agree to its terms.

2. PRIVACY AND SECURITY STATEMENT

Our Privacy Policy may be viewed at https://pharmagrow.com/policies/privacy-policy. The Privacy Policy is incorporated into these Terms by reference and forms part of these Terms. Pharma Grow reserves the right to modify the Privacy Policy at its sole discretion.

3. GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS

All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Website or any material contained therein.

Our Website is intended for users who are eighteen (18) years of age or older. By using our Website, you represent and warrant that you are at least 18 years old or the age of majority in the jurisdiction where you reside.

You agree not to use or attempt to use the Website or any product or service in any unlawful manner. You also agree not to commit or attempt to commit any unlawful act on or through the Website, including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) posting vulgar, obscene, or defamatory material; or (3) any other unlawful act.

4. PRODUCTS SOLD ONLY FOR PERSONAL USE BY ADULTS (WITH MINOR EXCEPTIONS DETAILED BELOW) AND AS PART OF A HEALTHY LIFESTYLE

Pharma Grow products are for adults only. By using our Website and placing an order, you represent and warrant that you are at least 18 years old or the age of majority in the jurisdiction where you reside. You also agree that any product or service purchased from Pharma Grow and/or our Website will be used for your personal and non-commercial use. You agree that you will not resell, redistribute, modify, or export any product ordered from the Website.

Pharma Grow makes no guarantee that you or any person using Pharma Grow products will achieve your health and/or wellness goals. All products and services should be used as part of a healthy lifestyle that includes proper nutrition, exercise, and self-care. Your results may vary depending on a variety of factors unique to you, such as your age, health, and genetics.

Certain Pharma Grow products may be used by persons 4 years of age or older. Any such products must explicitly state on the label and in the item description that they are intended for persons over 4 years of age. No other Pharma Grow product is intended for minors. All such products purchased for use by minors must be purchased and used under adult supervision.

5. NO MEDICAL ADVICE AND ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

The material on the Website is provided for general informational purposes only and is not intended to be medical advice or a substitute for medical advice from a physician. Statements made on this Website have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should consult your physician before beginning any health/wellness program, exercise regimen, changing your diet, taking any dietary supplement, or using any information provided by Pharma Grow.

Although we strive to provide accurate and up-to-date information on our Website, there may be information on our Website that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website or on any related website is inaccurate at any time without prior notice, including after you have submitted your order. Please note that Pharma Grow cannot guarantee that all product descriptions, images, or information are complete, reliable, current, or error-free, or that the content, packaging, quantity, color, size, or product images will exactly match the actual product shipped and received.

This Website may contain certain historical information. Historical information is necessarily not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.

6. WEBSITE MODIFICATIONS AND PRICES

We reserve the right at any time to modify or discontinue access to the Website, or any part or content thereof, without notice at any time. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of access to the Website. Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Shipping and Returns Policies.

We reserve the right to limit sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. All product descriptions or product prices are subject to change at any time without notice, at our sole discretion. Any offer for any product or service made on this Website is void where prohibited.

7. PAYMENT

All charges are in U.S. dollars. We accept major credit and debit cards, including those issued by Visa, MasterCard, American Express, PayPal, and MercadoPago.

When placing an order online, you will need:

The address where the card statement is sent (billing address);
The card number and expiration date; and
The 3- or 4-digit code found only on the card (CVV2 code).

By submitting credit card information or other payment information to us, you represent and agree that: (i) you have full right to use that card or account; (ii) all payment information provided is complete and accurate; (iii) you will be responsible for any credit card charges; and (iv) sufficient funds exist to pay us the amounts owed.

We and our third-party payment service providers may request, and may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly. Your credit card issuer may give you the right to opt out of providing vendors and third-party payment service providers with updated credit card information. If you wish to opt out of your credit card update service, you must contact your credit card issuer.

We are not responsible for any fees or charges that may be applied by your bank or credit card issuer. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and request payment by another method, including a mailed statement.

8. ORDER PLACEMENT AND ACCEPTANCE

Electronic confirmation of your order, or any form of confirmation, does not signify our acceptance of your order. We reserve the right to accept or deny shipment to any person for any reason. If we reject your order, you will receive a refund to your original form of payment. You understand and agree that we will not be liable for any loss or damage that may result from our refusal to provide you with any product or service. We reserve the right to request additional information before processing any order.

9. SUBSCRIPTIONS

If you visit the Website to purchase a product, you may have the option to purchase a product one time or enroll in our Subscribe and Save program. If you enroll in the Subscribe and Save program, your subscription will be automatically billed every 30, 60, or 90 days, depending on the option you selected on the Website, to the credit card you provided when you purchased the subscription and will be mailed to you until you cancel the subscription. We may use an account updater to automatically update your credit card information if it changes, in which case your renewal will be billed to the updated account information. If you wish to cancel your subscription, you may do so at any time; however, you must cancel your subscription twenty-four (24) hours before your next shipment leaves in order not to receive your next scheduled order. To cancel your subscription, simply contact Customer Service and email us at info@pharmagrow.com.

From time to time, Pharma Grow may offer free products as an incentive to make a purchase. Free products may be included in your initial order; however, these products will not accompany any subsequent subscription order.

10. SHIPPING

Pharma Grow ships to addresses located in the United States and Mexico through commercial carriers. Pharma Grow will add applicable shipping and delivery fees to any order, as necessary, according to the occasion and current shipping and handling rates. Orders generally ship within 24 to 48 business hours after they are placed. Orders usually arrive within 3 to 5 business days after shipment.

Accurate shipping address, email address, and phone number are required. We are not responsible for late or missing shipments if you enter incorrect shipping address information. If you discover that you made an error with your order after submitting it, please contact Customer Service immediately by email at info@pharmagrow.com. You must contact us as soon as possible so we can attempt to modify or cancel your pending order. However, we often ship on the same day you place your order, so we cannot guarantee that we will be able to modify your order according to your instructions.

For all international shipments, you will be responsible for compliance with foreign laws, regulations, and other practices governed by authorized government agencies. In addition, you will be responsible for any fees associated with the shipment entering the foreign location, whether such fees represent clearance fees, import taxes, duties, or otherwise.

11. SHIPPING CONFIRMATION

Because many circumstances at your delivery address may occur that are beyond our control, you agree that any delivery confirmation provided by the carrier will be considered sufficient proof of delivery to the cardholder, even without a signature.

12. RETURNS AND REFUNDS

Pharma Grow wants you to be more than satisfied with your experience with us, so we have made it easy to return or exchange products. In the unlikely event that you are not satisfied with our product, or if it arrives damaged, you may return or exchange the unused portion within 10 days from the date you placed your order (the billing date) for a full refund in accordance with the following terms.

To obtain a full refund, you must return the unused and undamaged product from your order, your return must be approved, and the return must be received within 10 days after the date you received your order.

The following terms apply to all returned items:

To initiate a refund or exchange, simply email us at info@pharmagrow.com. You will be provided with a Return Merchandise Authorization (RMA) number and shipping details.
Refunds will be issued to the same credit card or payment method charged when the product order was placed.
To ensure that a refund is processed for you, send returns to the address provided together with your RMA number. The RMA number must be clearly written on the package you are sending. Our shipping department CANNOT accept any package without an RMA number.

Returned products must be sent to the address provided by our support team.

We are not responsible for lost or stolen items. We recommend that all returned items be shipped using some type of delivery confirmation system to ensure proper delivery.

After the shipping department receives your return, it generally takes 3 to 5 business days or less to process your refund. Once a return is processed, it generally takes 1 to 2 weeks for the refund to post to your account. Depending on your financial institution, the refund may take up to 30 business days to post to your account.

13. SOCIAL MEDIA

This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of the social media presence visible on Facebook, Instagram, YouTube, Pinterest, Twitter, Google+, LinkedIn, or any of the many other external third-party social media platforms that we may use (“Social Media Presence”).

Social media platforms are places for public information exchange and you should have no expectation of privacy when using them. Specifically, neither these Terms nor our Privacy Statement apply to our Social Media Presence. The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use. Comments and opinions expressed by users on social media are solely their own and do not reflect the opinions of Pharma Grow. Comments that some may consider inappropriate or offensive may appear on our Social Media Presence and may remain there until we identify them or they are brought to our attention and we can follow the necessary procedures and technical processes to remove them. If you see an offensive or inappropriate post or comment on our Social Media Presence, you should report it to the operator of the relevant site or platform using the procedures they have established for that purpose.

14. DISCLAIMER OF WARRANTIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS PROVIDED ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATIONS OR WARRANTIES, AND EXPRESSLY DISCLAIM ALL REPRESENTATIONS, AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM, THAT: (A) OUR PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NO ADVICE, INFORMATION, WARRANTY, WARRANTY STATEMENT, OR RECOMMENDATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PHARMA GROW THROUGH THE WEBSITE WILL CREATE ANY WARRANTY.

15. LIMITATION OF LIABILITY

EXCEPT WHERE THE LAW DOES NOT APPLY OR PROHIBITS IT, IN NO EVENT SHALL PHARMA GROW OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS, OR CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT, REGARDLESS OF WHETHER PHARMA GROW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGED TO HAVE BEEN CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. IF, DESPITE THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, PHARMA GROW IS LIABLE UNDER ANY THEORY, PHARMA GROW’S LIABILITY AND YOUR SOLE REMEDY WILL BE LIMITED TO USD $500.00. THIS LIMITATION OF LIABILITY WILL APPLY TO ALL CLAIMS, REGARDLESS OF WHETHER PHARMA GROW WAS AWARE OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

16. DISPUTE RESOLUTION THROUGH MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS ARBITRATION AND CLASS ACTION WAIVER PROVISION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH PHARMA GROW AND LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF FROM US.

EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL, BINDING, AND CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A JURY TRIAL. THE RIGHTS YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS THE RIGHT TO DISCOVERY OR APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, LEAD PLAINTIFF, OR OTHERWISE, OR AS A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

IN ARBITRATION THERE IS NO JUDGE OR JURY, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR MAY AWARD, ON AN INDIVIDUAL BASIS, THE SAME DAMAGES AND RELIEF AS A COURT, INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES, AND MUST FOLLOW THE TERMS OF THESE TERMS OF USE AS A COURT WOULD.

GENERAL

Arbitration is a way to resolve a “Claim” without filing a lawsuit. “Claim” means any dispute between you, PHARMA GROW, or any involved third party relating to your account, your use of the Website, your relationship with PHARMA GROW, these Terms, or the Privacy Policy. This includes any and all claims that relate in any way to your use or attempted use of the products, and any act or omission by PHARMA GROW or any third party related to your use or attempted use of the products. You, PHARMA GROW, or any involved third party may bring a Claim. PHARMA GROW agrees to final, binding, and confidential arbitration if it has any Claim against you. Likewise, you agree to final, binding, and confidential arbitration if you have any Claim against PHARMA GROW. By agreeing to arbitrate, you waive the right to go to court and instead agree to submit any Claim to final, binding, and confidential arbitration. You also agree that all claims must be arbitrated on an individual basis and not as a class, that only individual relief is available, and that claims of more than one customer may not be arbitrated or consolidated with those of any other customer. This arbitration provision sets forth the terms and conditions of our final, binding, and confidential arbitration agreement and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.

Notwithstanding anything to the contrary herein, (a) a representative action for public injunctive relief pursuant to the California Consumers Legal Remedies Act (California Civil Code § 1750 et seq.), the Unfair Competition Law (California Business and Professions Code § 17200 et seq.), and/or the False Advertising Law (California Business and Professions Code § 17500 et seq.) must be arbitrated on a class basis; (b) if the foregoing clause is deemed invalid or unenforceable, a representative action for public injunctive relief pursuant to the California Consumers Legal Remedies Act (California Civil Code § 1750 et seq.), the Unfair Competition Law (California Business and Professions Code § 17200 et seq.), and/or the False Advertising Law (California Business and Professions Code § 17500 et seq.) may be brought in state or federal courts located in Utah on a class basis; and (c) any claim other than public injunctive relief must be arbitrated on an individual and non-class basis as set forth in this section.

EXCEPTIONS

Notwithstanding the foregoing, and as an exception to final, binding, and confidential arbitration, you and PHARMA GROW retain the right to bring, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual, non-class basis, including past-due account matters within the jurisdiction of the small claims court. PHARMA GROW will not require arbitration in connection with any individual claim that you properly file and pursue in small claims court, provided that the claim is and remains pending in that court.

The following claims will not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in Utah: (i) an action by PHARMA GROW related to the infringement or validity of our proprietary rights, including, but not limited to, trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (ii) an action by PHARMA GROW seeking temporary, preliminary, or permanent injunctive relief, whether prohibitory or mandatory, or other provisional relief against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claim excluded from final and binding arbitration pursuant to this subsection “b” in any representative or class-wide capacity, including, without limitation, bringing or joining any claim in any class action or any class arbitration. Small claims matters may be brought in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection “b,” the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Utah and forever waive any challenge to the jurisdiction and venue of such courts.

REQUIRED PRE-DISPUTE PROCEDURES

You and PHARMA GROW acknowledge and agree that before initiating any Claim against the other, each agrees to first contact the other with a written description of the dispute, which will include all relevant documents and information and the proposed resolution. You may send the written description of any dispute you have with us by certified mail to PHARMA GROW, Attn: PHARMA GROW Legal Department, 351 E 1750 N Vineyard, UT 84059. PHARMA GROW will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with PHARMA GROW or its designated representative in good faith regarding your issue or dispute. If for any reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions below. Notwithstanding the foregoing or any other term of this arbitration agreement, we will be entitled to seek injunctive relief or other equitable relief in a state or federal court located in Utah to enforce these Terms or prevent infringement of a third party’s rights or our intellectual property rights, as set forth in subsection “b” above. You hereby expressly consent to and forever waive any challenge to the exclusive personal jurisdiction and venue of such courts in such actions.

COMMENCING ARBITRATION

You and PHARMA GROW agree to commence any arbitration proceeding within one (1) year after the Claim arises (the one-year period includes the required pre-dispute procedures set forth above), and that any arbitration proceeding commenced after one (1) year will be forever barred.

LOCATION OF ARBITRATION

If the amount in controversy is $500 or less, arbitration may be conducted by telephone or written submissions. Otherwise, arbitration will be held in Utah unless PHARMA GROW agrees to arbitrate in another forum requested by you.

ORGANIZATION, RULES, AND ARBITRATOR

Each of us agrees that any and all Claims other than those exempt under subsection “b” above will be submitted to final, binding, and confidential arbitration before a single arbitrator of the American Arbitration Association (“AAA”). Either party may commence the arbitration process by filing a written demand for arbitration with the AAA and providing a copy to the other party, within the time period set forth in subsection “d” above. The arbitrator will be selected by agreement of the parties or, if the parties cannot agree, selected in accordance with the AAA Rules. The arbitration will be conducted in accordance with the AAA Consumer Arbitration Rules in effect at the time the demand for arbitration is filed. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator will have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, and this arbitration provision. The arbitrator will have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator will have the exclusive and sole authority to determine whether this arbitration agreement may be enforced against someone who is not a signatory to this agreement and whether a non-signatory to this agreement may enforce this provision against you or PHARMA GROW.

FEES

Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules.

GOVERNING LAW AND AWARD

The arbitrator shall follow the substantive law of the State of Florida without regard to its conflict of law principles. Any award issued will include a confidential written opinion and will be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

ENFORCEABILITY

This provision survives the termination of your account or relationship with PHARMA GROW, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision will be null and void and will not apply. If any part of this arbitration provision, other than the class action waiver, is deemed unenforceable, the remaining parts of this arbitration provision will remain in full force and effect.

MISCELLANEOUS

Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any right to require arbitration at a later time or in connection with any other Claim, except that all Claims must be brought within the one-year limitation period set forth above. This provision is the complete arbitration agreement between you and PHARMA GROW and may not be modified except in writing by PHARMA GROW.

AMENDMENTS

PHARMA GROW reserves the right to modify this arbitration provision at any time. Your continued use of the Website, purchase of a product on or through the Website, or use or attempted use of a PHARMA GROW product constitutes your affirmation of consent to such changes. If changes to this arbitration provision are material, PHARMA GROW will notify you and give you an opportunity to opt out. Your continued use of the Website, purchase of a product on or through the Website, or use or attempted use of a PHARMA GROW product constitutes your affirmation of consent to such material changes.

YOU UNDERSTAND AND AGREE THAT ANY CLAIM WILL BE DECIDED INDIVIDUALLY AND SOLELY THROUGH FINAL, BINDING, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE YOU PURCHASE, USE, OR ATTEMPT TO USE A PRODUCT PURCHASED ON OR THROUGH THE WEBSITE, WHICHEVER OCCURS FIRST, BY WRITING TO US BY CERTIFIED MAIL AT PHARMA GROW, ATTENTION: PHARMA GROW LEGAL DEPARTMENT, 351 E 1750 N Vineyard, UT 84059. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT YOU PURCHASED, USED, OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE ON WHICH YOU FIRST PURCHASED, USED, OR ATTEMPTED TO USE THE PRODUCT. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND MUST SUBMIT YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.

17. INDEMNIFICATION

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless PHARMA GROW, its parent, subsidiaries, predecessors, successors, and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands, and costs of any kind, including, without limitation, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representation or warranty contained in this Agreement; or (3) your violation of any law or the rights of a third party.

18. THIRD-PARTY WEBSITES AND LINKS

Our Website may include third-party materials or links to third-party websites. We are not responsible for any third-party materials or websites. Carefully review third-party policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

19. TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS

PHARMA GROW may use testimonials and/or product reviews in whole or in part together with the name and state/country of the person submitting them. Testimonials may be used for any form of activity related to PHARMA GROW products, in print and online media, as determined by PHARMA GROW in its sole discretion. Testimonials represent the unique experience of the customers who submit them and do not necessarily reflect the experience you may have when using our products. As stated in Section 4 above, your results will vary depending on a variety of factors unique to you, such as your age, health, and genetics.

Anything you submit or post on the Website and/or provide to us, including, without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”), is and will be treated as non-confidential and non-proprietary, and we will have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse engineer, disassemble, or decompile such Submissions. You represent and warrant that you own or have sufficient rights to share the Submissions with us. All Submissions will automatically become our sole and exclusive property and will not be returned to you.

In addition, PHARMA GROW reserves the right to correct grammatical and typographical errors, shorten testimonials before publication or use, and review all testimonials before publication or use. PHARMA GROW will have no obligation to use any part of any submitted testimonial or product review. If you submit a testimonial, you confirm that you have read, understood, and agreed to these Terms. If you do not agree with any part of these Terms, do not submit a testimonial.

You are prohibited from posting any content that interferes with the full use of the Website and the enjoyment of other users, including misinformation, threatening, unlawful, libelous, defamatory, obscene, sexually oriented, privacy-invasive, scandalous, inflammatory, pornographic, false, profane content, content that encourages participation in unlawful or criminal conduct, gives rise to civil liability, or otherwise violates any law. PHARMA GROW will not be responsible to any third party for the content of information posted by you on the Website.

20. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE

This Website maintains the specific contact information provided below, including an email address, for notices of alleged infringement relating to materials posted on this Website. All notices should be directed to the contact person specified below (our agent for notices of alleged infringement):

Notice of Claimed Infringement:

RESET NUTRITION

Attn: PHARMA GROW DMCA/Copyright Agent

Hollywood, Florida

Phone: 954-924-4272

Email address: info@pharmagrow.com

You may contact our agent for notice of alleged infringement specified above with complaints related to allegedly infringing posted material and we will investigate those complaints. If we believe in good faith that the posted material violates any applicable law, we will remove or disable access to such material and notify the posting party that the material has been blocked or removed.

When notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) a description of the copyrighted work that is the subject of the alleged infringement; (ii) a description of the infringing material and information sufficient to allow us to locate the alleged material; (iii) your contact information, including your address, telephone number, and/or email address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, its agent, or the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notice is accurate and that you have authority to enforce the copyright rights alleged to have been infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner. Failure to include all of the above information may result in a delay in processing your complaint.

21. ELECTRONIC COMMUNICATIONS

You agree that we may communicate with you electronically and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to written communications and will have the same force and effect as if they were in writing and signed by the party sending the communication.

22. ASSIGNMENT

You may not assign any of your rights under these Terms, and any such attempt will be null and void. PHARMA GROW and its affiliates may, at their sole discretion, transfer, without further consent or notice, all contractual rights and obligations pursuant to these Terms if part or all of PHARMA GROW’s business is transferred to another entity by merger, sale of its assets, or otherwise.

23. NO WAIVER

No waiver by PHARMA GROW of any term or condition set forth in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by PHARMA GROW to assert a right or provision under these Terms will not constitute a waiver of such right or provision.

24. NO AGENCY RELATIONSHIP

No joint venture, partnership, employment, or agency relationship exists between you and us as a result of receiving a product from us or using this Website, and you have no authority to create any obligation or make any representation on behalf of PHARMA GROW.

25. SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision will nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms. Such determination will not affect the validity and enforceability of any remaining provisions.

26. TERMINATION

The Website is controlled by PHARMA GROW. PHARMA GROW reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use the Website and may block, prevent access to, or limit your activity on the Website. You agree that PHARMA GROW will not be liable for any limitation or termination of your use of or access to the Website. In the event of such termination or limitation of use of or access to the Website, you agree that Sections 2-5, 13-17, 19-25, and 27, as well as any representations, warranties, and other obligations made or assumed by you, without limitation, will survive termination. You agree that if your use of the Website is terminated, you will not attempt to use the Website under any name, real or assumed, and you further agree that if you violate this restriction after termination, you will indemnify and hold us harmless from any and all liability we may incur as a result.

27. ENTIRE AGREEMENT

These Terms, the Agreement, and any policies or operating rules posted by us on the Website or with respect to the Website constitute the entire agreement and understanding between you and PHARMA GROW, and supersede and replace any prior or contemporaneous agreements. Any ambiguity in the interpretation of these Terms or the Agreement will not be construed against the drafting party.

28. QUESTIONS OR ADDITIONAL INFORMATION

If you purchased a product or service through the Website, please contact Customer Service by phone or email.

RESET NUTRITION

Hollywood, Florida

Email: info@pharmagrow.com