1. USE OF THIS WEBSITE
This website is owned and operated by Advanced Orthomolecular Research Inc. (hereinafter “AOR”), for your personal and non-commercial use and information. Your use of this website is subject to the following terms and conditions of use and sale (“Terms”) and all applicable laws. By accessing and browsing this website, you accept, without limitation or qualification, these Terms. If you do not agree with any of the Terms, please do not use this website. You are responsible to ensure that your access to this website and material available on or through it are legal in each jurisdiction in or through which you access or view the website or such material. This website is based in Canada and AOR is not responsible for compliance with foreign laws, regulations, ordinances and rules. If the laws, regulations, ordinances and rules in your jurisdiction render the Terms void in whole or in part (including, without limitation, the provisions relating to governing law, disclaimer and limitations), you are not authorized to use this website. AOR reserves the right to change, modify, alter or otherwise update the Terms applicable to this website without prior written notice at any time, and from time to time, at AOR’s sole discretion. Any such changes, modifications, alterations or updates to the Terms will be reflected in the Terms posted and the date of the posting will be updated accordingly. Any change in that “Last updated” date will indicate that the Terms have been updated and your continued use of this website will constitute your acceptance of the new terms and other policies, as modified, and you will be bound by said new terms and policies. Information on this website is provided for information purposes only and is not meant to substitute for the advice provided by your family physician or other medical professionals, including pharmacists or naturopathic doctors. You should not use the information contained on this website for diagnosing or treating a health problem or disease or prescribing any medication.
3. NO USE BY MINORS
This website is intended for use by adults only. You represent that you are at least the age of majority to purchase and/or consume the products of AOR, in the jurisdiction of your residence or purchase/use. You further represent that you understand the information that is made available on this website, including about the Products.
4. PRODUCT PURCHASES AND USER ACCOUNT
If you register on the site for the purchase of Products, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and your account, and you agree to accept responsibility for all activities that occur under your account or password. AOR reserves the right to refuse service, terminate accounts or cancel orders in its sole discretion.
5. HEALTH INFORMATION
AOR’s products themselves have been awarded with NPNs, having been evaluated and approved by Health Canada. The statements regarding our Products have not been evaluated or approved by the Food and Drug Administration in the United States, Health Canada in Canada or any other regulatory authority or body. Our Products are not intended to diagnose, treat, cure or prevent any disease. The product information on this website, including description, potential effects and benefits, is intended for general information purposes only. It is not intended to provide complete medical information or to be a substitute for informed medical advice or care. You should not use this information to diagnose or treat any health problems or illnesses, or prescribe any medication, without consulting your family doctor, health care professional and/or pharmacist. You should carefully read all information provided by AOR on the website and included with the Product’s packaging and labels before using any Product. You should consult your family doctor, health care professional and/or pharmacist and/or naturopathic doctor for any health problem and before using any supplements or before making any changes in prescribed medication.
6. PRODUCT INFORMATION & IMPORTING PRODUCTS
AOR makes absolutely no representations or warranties in respect of the right of any person or company to import natural health products, vitamins, supplements, herbal medicines or pharmaceutical products across provincial, state or international boundaries. It is your responsibility to determine whether you may lawfully import to and/or use our Products in your country, province, state, region, county, city or town of residence or of use. Products are imported by you (the importer of record) and you are responsible for customs, duties, taxes and other charges related to importing the product in your country, province, state, region, county, city or town of residence or of use. AOR attempts to be as accurate as possible in describing all Products available for sale and/or distribution by AOR. However, AOR does not warrant that Product descriptions or other content on this website are accurate, complete, reliable, current or error-free.
7. EXCLUSION AND DISCLAIMER OF WARRANTIES
AOR MAKES NO REPRESENTATION OR WARRANTY REGARDING THE FUNCTIONALITY, THE GOOD WORKING ORDER OR CONDITION OF THIS WEBSITE, ITS SUITABILITY FOR USE, OR THAT ITS USE, OR ANY INFORMATION OR MATERIAL, ACCESSED FROM OR THROUGH THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. AOR DOES NOT REPRESENT, WARRANT OR UNDERTAKE THAT ANY ERRORS ON OR RELATING TO THIS WEBSITE WILL BE CORRECTED, OR THAT ANY SERVER FROM WHICH THE WEBSITE IS OPERATED IS OR WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS EXPRESSLY PROVIDED FOR IN THESE TERMS, THIS WEBSITE AND ALL MATERIALS, PRODUCTS AND INFORMATION PROVIDED THROUGH OR ON THIS WEBSITE ARE PROVIDED TO YOU ON AN “AS IS”, “WITH ALL FAULTS” BASIS AND AOR DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION (i) WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, OR SECURITY, (ii) ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION; OR (iii) MERCHANTABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSES, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. THESE EXCLUSIONS ARE IN ADDITION TO ANY SPECIFIC EXCLUSION OTHERWISE PROVIDED IN THESE TERMS. BECAUSE CERTAIN FEDERAL, STATE OR PROVINCIAL LAWS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS IN THIS WEBSITE AND, IN PARTICULAR, YOU SHOULD NOT MAKE ANY INVESTMENT DECISIONS BASED ON ANY INFORMATION OR MATERIALS IN THIS WEBSITE. THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.
8. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AOR BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, ANY LOST DATA, LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL, LOST BUSINESS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE PRODUCTS OR INFORMATION PROVIDED THROUGH THIS WEBSITE, THE PRODUCTS, OR THE TRANSACTIONS CONDUCTED ON OR FROM ANY AOR WEBSITE, EVEN IF AOR OR ANY OF ITS LAWFUL AGENTS, CONTRACTORS, EMPLOYEES OR MANDATARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. IN PARTICULAR, AND WITHOUT LIMITING THE PRECEDING PARAGRAPH, IN NO EVENT WILL AOR BE LIABLE TO YOU FOR YOUR IMPORTATION OR USE OF THE PRODUCTS OR ANY DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF: TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, AOR’S CONTRACTORS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR EMPLOYEES, AGENTS, MANDATARIES OR SUBCONTRACTORS, OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF AOR. IF, DESPITE THE LIMITATIONS ABOVE, AOR IS FOUND LIABLE FOR ANY DAMAGE OR LOSS IN CONNECTION WITH THIS WEBSITE OR YOUR IMPORTATION OR USE OF THE PRODUCTS, IN NO CASE WILL AOR’S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) BE FOR MORE THAN THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCTS ORDERED UNDER THIS AGREEMENT AND TO WHICH THE CLAIM RELATES. IF YOU ARE DISSATISFIED WITH THESE TERMS OR THIS WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING THIS WEBSITE. CERTAIN FEDERAL, STATE OR PROVINCIAL LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. FOR THE PURPOSES OF THIS SECTION, “AOR” AND ITS AFFILIATES SHALL INCLUDE AOR’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANDATARIES, CONTRACTORS AND THIRD-PARTY SUPPLIERS. USE OF THIS SITE IS UNAUTHORIZED IN ANY JURISDICTION WHERE SUCH USE MAY VIOLATE THE LEGAL REQUIREMENTS OF SUCH JURISDICTION AND YOU AGREE NOT TO ACCESS THIS WEBSITE IN ANY SUCH JURISDICTION. YOU WILL BE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS. THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.
9. COPYRIGHTS AND TRADEMARKS
Material on this website, including but not limited to texts, images, illustrations, software, audio clips and video clips, is owned or otherwise provided by AOR, and AOR does not represent or warrant that such material does not infringe the rights of any other person or entity. The material on this website is protected in Canada and in other jurisdictions by the Copyright Act and by virtue of the applicable international treaties. Consequently, the material on this website may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of AOR. Trademarks, logos and service marks (collectively, “Marks”) displayed on this website are registered or unregistered Marks of AOR or others, are the property of their respective owners, and may not be used without written permission of the owner of such Marks. Nothing in this website is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act. Notwithstanding the foregoing, AOR authorizes you to make one electronic or paper copy of the information posted on any page of this website provided that the copy is used solely for non-commercial, personal purposes and, in each and every case, provided that any such copy remains protected by all copyright, trademarks, service marks and other proprietary notices and legends contained on such website. This license does not include any resale of this website or its contents; any collection of product listings or descriptions; any other derivative use of this website or its contents; any downloading or copying of information for the benefit of any merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any page on this website or any trademark, logo or other proprietary information (including images, text, page layout, or form) of AOR without express written consent of AOR. You may not use any meta tags or any other “hidden text” utilizing AOR’s name or trademarks without the express written consent of AOR. Any unauthorized use of this website and/or its contents terminates the permission or license granted by AOR. Except as otherwise may be expressly provided herein, nothing contained in these Terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of AOR or any other person or entity.
10. CONFIDENTIALITY OF THE INFORMATION TRANSMITTED
AOR may monitor the access to its websites and other activities in relation to its website and may intervene in this regard. However, AOR makes no representation and gives no warranty to that effect. You consent to such surveillance and intervention.
12. LINKS TO OTHER WEBSITES
Links and references to other websites are provided to you as a convenience only. AOR has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such links. AOR does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon and shall not be liable for any damages or injury arising from that content.
13. DAMAGE TO OTHERS
You agree not to introduce into or through this website or any other AOR website any information or materials which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.
14. MODIFICATION OF WEBSITE; RESERVATION OF RIGHTS
AOR may, for any reason in its sole discretion and without notice to you, terminate, change, suspend or discontinue this website or any aspect of it, and AOR will not be liable to you or any third party for doing so. AOR may also impose rules for and limits on use of this website or restrict your access to part, or all, of this website without notice or liability. All rights not expressly granted in these terms are reserved to AOR.
These Terms shall inure to the benefit of and be binding upon each of the parties hereto and their respective successors and permitted assigns.
16. GOVERNING LAW
This website is controlled and operated in Calgary, Alberta, Canada and these Terms, this website, any use of this website and any transaction conducted on or from it shall be governed by the laws of the Province of Alberta and the laws of Canada applicable therein without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
17. DISPUTE RESOLUTION
You hereby acknowledge and agree that any dispute that may arise between you and AOR in respect of these Terms and the transactions contemplated herein shall be resolved by the provincial and federal courts, tribunals, agencies and other dispute resolution organizations sitting in Calgary, Alberta, Canada and you hereby irrevocably submit and attorn to the personal and exclusive jurisdiction and venue of these courts.
If any one of these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
AOR makes no representation that materials, information or Products provided on or through this website are appropriate or available for use in other locations or jurisdictions. Those who choose to access this website from other locations or jurisdictions do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
21. NO WAIVER
The failure of AOR to enforce any provisions of these Terms or to respond to a breach by you or any third party of these Terms shall not in any way waive the right of AOR to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.
22. EXPORT LAWS
Products sold or delivered under these Terms shall be subject to export control laws and regulations of Canada. You agree to comply at all times with all such laws and regulations. You hereby agree to defend and hold AOR harmless against all claims, damages or liability resulting from breach of the foregoing.
23. ENTIRE AGREEMENT
These Terms, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and AOR with respect to the use of this website and any transaction conducted on or from this website and its contents, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by AOR making such amendments or modifications available to it pursuant to the terms hereof.
24. NO ASSIGNMENT
You may not assign your rights or obligations herein without the express written consent of AOR.
AOR reserves the right, at its sole discretion, to terminate your access to all or any part of this website, with or without notice.
The headings used herein are inserted for convenience of reference only and do not affect the construction or interpretation of the terms and conditions herein.