Terms and Conditions
Terms and Conditions of Website
Carefully read and understand these terms before ordering or using any products available through this Website.
By using this site, you agree to the Terms and Conditions of Use for this Website.
If you do not agree, do not use this site.
1. TERMS OF SALE. Our goal is to ensure you are completely satisfied with your purchase. Once you place your order, it will be processed for shipping within three (3) business days once your transaction clears. Shipping is free and delivery times vary between one (1) and six (6) business days from date of shipment, depending on proximity of your location from the point of available shipping inventory. We reserve the right to cancel or refuse orders for any reason. We ship to physical addresses in the continental United States, including Alaska Hawaii.
If you are unsatisfied with your purchase, please refer to our return policy ("Return Policy").
2. GENERAL. These Terms & Conditions apply to ALL visitors to our Website. This Agreement is governed by the Electronic Signatures in Global and National Commerce Act. You manifest your agreement to the terms and conditions in this document by merely accessing the Website, whether you have read these terms or not. It is suggested that you print this form for your personal records. If you do not agree to be bound by these Terms, you may not access or use the Website.
3. REPRESENTATIONS; DISCLAIMERS. It is our Company mission to provide our customers with the finest Products available. We believe in the efficacy of the Products we sell. You understand that the United States Food and Drug Administration has not evaluated statements on this Website nor promotional materials, and the Products are not intended to diagnose, treat, cure, or prevent any disease. The information provided by our Website or this Company is not a substitute for a face-to-face consultation with your health care professional and should not be construed as individual medical advice. Individual results will vary. The Products are intended for use by persons at least 18 years of age. If you are pregnant, nursing, have any medical conditions, or taking any medication, you represent and warrant that you either have consulted, or will consult, with a health care professional before using the Products, and you will cease immediately using the Products and will contact a health care professional if you experience any ill effects or unintended side effects of the Products. We want you to have the most accurate information concerning the Products. The information we communicate to you about the Products and/or its efficacy is obtained from independent third parties such as educational institutions, scientific and news articles and agencies, nutritional specialists, scientific reports and researchers ("Information Sources"). We do not warrant or represent that Information Sources are not error-free, nor do we warrant any Information Source or the methods that they use to arrive at their conclusions. All Product specifications, performance data and other information on our Website are for informational and illustrative purposes only, and do not constitute a guarantee or representation that the Products will conform to such specifications or performance data. We do not guarantee that you will have any specific or particular result or benefit from the Products, or that your experience will match those of others who use these Products. Individual results will vary from person to person.4. LIABILITY LIMITATION. TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT THE COMPANY WAS AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE, OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF THE PRODUCT(S) YOU ORDERED. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER. THE sS ARE SOLD AND DELIVERED TO YOU "AS IS" WITH NO WARRANTY WHATSOEVER. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS SECTION, WE MAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS AND WE DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
5. INDEMNIFICATION. You agree to defend, indemnify, and hold harmless Company, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your misuse of the Website, or your breach of any of these terms and conditions of this Agreement. We shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. If we do not hear from you promptly, we reserve the right to defend such claim or suit and seek full recompense from you.
6. NOTICES. Any notice or other communications arising in relation to this Agreement shall be given by sending an e-mail to the latest email address that one party has notified in writing to the other. In the case of Company, the email address is firstname.lastname@example.org. In the case of sending notices to you, Company will use the email address you provided to Company when you ordered your Product(s). Such notices or communications (where properly addressed) shall be considered received on the earliest of (i) the email being acknowledged by the recipient as received; (ii) receipt by the sender of an automated message indicating successful delivery or the email having been opened; or (iii) the expiry of forty-eight (48) hours after transmission, provided that the sender has not received notification of unsuccessful transmission.
7. INTELLECTUAL PROPERTY RIGHTS. The Website is the sole and exclusive property of the Company or its licensors. No license or ownership rights in or to any content of the Website are conveyed to you by reason of this Agreement or your purchase of Product(s). The Website and its content are protected under the laws of copyright and trademark. Unless otherwise permitted by law, you may not copy, republish or transmit any portion of the Website without Company's prior written consent. All marketing content, text, information, s photography, and product images (including models featured in marketing images) published on this website is the property of Amphora LLC and may not be used or repurposed without express written consent from Amphora LLC. Educational content published on this site may be sourced and or shared with third parties so long as proper attribution is made.
8. MISCELLANEOUS. Governing Law. This Agreement and all disputes or issues arising from it shall be governed exclusively by the laws of the State of California, without regard to conflict or conflict of law principles. The sole and exclusive venue for any and all claims or causes of action arising from or related to this Agreement, or that are related in any manner to your purchase or attempted purchase of the Product(s), shall be the State or Federal Courts in San Francisco County, California. Assignment. This Agreement and the rights and liabilities of the parties hereto inure to the benefit of their respective successors and assigns. Company may assign this Agreement to any successor entity. Customer may not assign without the written permission of Company.
Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
Attorneys' Fees. In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney's fees and costs incurred in connection therewith, including attorneys' fees incurred on appeal.
No Waiver. No waiver of or by Company shall be deemed a waiver of any subsequent default of the same provision of this Agreement.
Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
Complete Agreement. This Agreement constitutes the entire agreement between the parties with respect to your access and use of the Website and your ordering and use of the Products, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.
Modifications. Company reserves the right to change any of the provisions posted herein and you agree to review these terms and conditions each time you visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes your acceptance of such changes. Company does not and will not assume any obligation to provide you with notice of any change to this document and you acknowledge and agree to the same. Unless accepted by Company in writing, you may not amend these terms and conditions in any way.