Disclaimer

WELCOME

Welcome to the FlanaxUSA website and related sites and digital and online services (“FlanaxUSA Site” or the “Site”), an online e-commerce, information, and communications service provided by FlanaxUSA and all affiliates (“Belmora LLC” or “We” or “Us”). These Terms of Use cover the uses for all of this Site, although additional conditions, restrictions, and policies, including the Notice of Privacy Practices (NPP) and the Privacy Policy, posted or referenced on the Site may also apply.

NOT MEDICAL ADVICE

The content, products, and services offered herein are here to educate consumers on health care and medical issues that may affect their daily lives. Nothing in the content, products or services should be considered, or used as a substitute for, medical advice, diagnosis, or treatment. This Site and its services do not constitute the practice of any medical, nursing, or other professional health care advice, diagnosis, or treatment. You should always talk to your health care provider for diagnosis and treatment, including your specific medical needs. None of the products or services offered through this Site represents or warrants that any particular service or product is safe, appropriate, or effective for you. We advise users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions.

IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTH CARE PROFESSIONAL IMMEDIATELY. IF YOU ARE IN THE UNITED STATES AND ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 OR CALL FOR EMERGENCY MEDICAL HELP ON THE NEAREST TELEPHONE.

FlanaxUSA may modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting the modified terms and conditions on FlanaxUSA's Site. You agree to review the agreement periodically to be aware of such modifications, and your accessing or using the service constitutes your acceptance of the agreement as it appears at the time of your access or use. From time to time, FlanaxUSA may offer Site visitors the opportunity to participate in additional features or services through this Site. You may be required to enter into additional agreements or authorizations before you can access such features or services.

INTENDED FOR USERS 18 YEARS AND OLDER

The FlanaxUSA Web Site is intended for use by individuals 18 years of age or older. This Site is not directed for use by children under the age of 18. Users under the age of 18 should get the assistance of a parent or guardian to use this Site.

ACCEPTABLE USE

  • Use this website for any purpose in violation of local, state, national, or international laws.
  • Use this Site as a means to distribute advertising or other unsolicited material to any third party.
  • Use this website to post or transmit material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity.
  • Attempt to disable, “hack,” or otherwise interfere with the proper functioning of this website.
  • Violate or attempt to violate the security of the Site, including, without limitation:
    • accessing data not intended for Site users or logging onto a server or an account which Site users are not authorized to access;
    • attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or
    • accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.
  • Use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
  • Use any device, software, routine, or any other means to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
  • Violations of system or network security may result in civil or criminal liability. FlanaxUSA will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

TERMINATION OF USE

FlanaxUSA reserves the right to change, suspend, or discontinue all or any aspects of the Site at any time without prior notice.

INDEMNIFICATION

You agree that you will defend, indemnify, and hold harmless FlanaxUSA from and against any damages, losses, liabilities, judgments, costs, or expenses (including reasonable attorneys' fees and costs) against or incurred by FlanaxUSA arising out of a claim by a third party relating to your breach of these Terms of Use or applicable law, User-Generated Content and any other materials you post or allow to be posted to the Site, your use or access of the Site, access of this Site by anyone using your user ID and password, or any other actions taken by you on the Site.

INTELLECTUAL PROPERTY

The marks “Flanax,” “FlanaxUSA,” “FlanaxUSA Product(s),” and the Belmora logo are trademarks and/or service marks of the Belmora LLC. The content and design of this Site is protected by U.S. and international copyright laws. You may not copy, reproduce, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from the copyright owners, except that you may view, download, display, and print a single copy of these materials on a single computer for personal, noncommercial use only, so long as: you do not alter or modify the materials in any way; you include all applicable notices and disclaimers (including copyright notices); and you do not use the materials in a way that suggests an association with FlanaxUSA or an affiliated Belmora LLC entity. You understand and agree that title to these materials shall not pass to you or any other user.

DISCLAIMERS

YOU UNDERSTAND AND AGREE THAT THE FLANAXUSA SITE AND ANY SERVICES, CONTENT, OR INFORMATION CONTAINED ON OR PROVIDED BY THE FLANAXUSA SITE IS PROVIDED ON AN “AS IS” BASIS. FLANAXUSA DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE OR ANY MERCHANDISE, INFORMATION, OR SERVICE PROVIDED THROUGH THE SERVICE. IN ADDITION, FLANAXUSA DOES NOT GUARANTEE THAT USE OF FLANAXUSA SITE WILL BE FREE FROM TECHNOLOGICAL DIFFICULTIES INCLUDING, BUT NOT LIMITED TO, UNAVAILABILITY OF INFORMATION, DOWNTIME, SERVICE DISRUPTIONS, VIRUSES, OR WORMS. YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT.

ERRORS ON THE FLANAXUSA WEBSITE

Content, prices, and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and FlanaxUSA reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions, including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product / service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with the Site's return policy.

ACCURACY AND INTEGRITY OF INFORMATION

Although FlanaxUSA attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site and content thereon. It is possible that the Site could include typographical errors, inaccuracies, or other errors and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform FlanaxUSA so that it can be corrected. FlanaxUSA reserves the right to unilaterally correct any inaccuracies on the Site without notice. Information contained on the Site may be changed or updated without notice. Additionally, FlanaxUSA shall have no responsibility or liability for information or content posted to the Site from any non- FlanaxUSA affiliated third party.

Although FlanaxUSA attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site and content thereon. It is possible that the Site could include typographical errors, inaccuracies, or other errors and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform FlanaxUSA so that it can be corrected. FlanaxUSA reserves the right to unilaterally correct any inaccuracies on the Site without notice. Information contained on the Site may be changed or updated without notice. Additionally, FlanaxUSA shall have no responsibility or liability for information or content posted to the Site from any non- FlanaxUSA affiliated third party.

THE USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK, AND IN NO EVENT SHALL FLANAXUSA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SERVICE, OR SITES ACCESSED THROUGH THIS SERVICE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN. ANY CLAIMS AGAINST FLANAXUSA AND FLANAXUSA'S LIABILITY RELATING TO A PRODUCT OR SERVICE PURCHASED ON OUR SITE IS LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCT OR SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR SERVICE IS TO STOP USING THE SERVICE. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

LINKS TO THIRD PARTY WEBSITES

The Site contains links to other sites operated by third parties, including but not limited to third party sites that may display the FlanaxUSA trademarks (“Third Party Sites”). These links are available for your convenience and are intended only to enable access to these Third Party Sites and for no other purpose.

FlanaxUSA does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third Party Site or its content. A link to a Third Party Site on the FlanaxUSA Site does not constitute sponsorship, endorsement, approval, or responsibility for any Third Party Site. FlanaxUSA makes no representation or warranty as to any products or services offered on any Third Party Site. The conditions of use and privacy policy of any Third Party Site may differ substantially from the conditions of use and legal notices that apply to your use of the Site. Please review the conditions of use for all Third Party Sites for more information about the terms and conditions that apply to your use of Third Party Sites.

JURISDICTION

You agree that any dispute or claim (including personal injury claims) related to your use of the FlanaxUSA Site shall be governed by the laws of the Commonwealth of Virginia. The exclusive forum for actions between the parties is the Eastern District of Virginia in Alexandria, VA. These Terms of Use also apply to anyone claiming on your behalf.

CONTACT INFORMATION

If you have any questions about the service, please contact us at [email protected].