Premilife Terms of Use

THESE BINDING TERMS AND CONDITIONS (the “Agreement”) APPLY EXCLUSIVELY TO YOUR ACCESS TO AND USE OF THIS SITE, AND THE SERVICES AND INFORMATION OBTAINED THROUGH THIS SITE, AND DO NOT ALTER THE TERMS OR CONDITIONS OF ANY OTHER AGREEMENT YOU MAY HAVE WITH PREMILIFE.

Premilife.com (“PREMILIFE”) is pleased to provide you with the materials, services and functionality found on our website (the “Site”) for informational purposes only.  Please carefully read the terms and conditions set forth in this Agreement relating to your use of this Site.  By using this Site, you agree to this Agreement.  We reserve the right to change or replace these terms and conditions or any portion of them at any time without notice by updating this posting.  Your continued use of this Site after any such changes constitutes your acceptance of the modified Agreement.  We encourage you to periodically visit this page to review the most current version of the Agreement that applies to your use of this Site.

IF YOU DO NOT AGREE TO ABIDE BY THESE OR ANY FUTURE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SITE OR ANY INFORMATION THAT YOU FIND HERE.

Section 1.            Summary.          Below is a short summary of some significant terms that are included in this Agreement for your convenience:

·       You are granted a non-exclusive, non-transferable limited license to use the Site, subject to this Agreement.

·       To access certain materials, tools, features or functions contained within the Site, you may be required to establish an account.

·       You must be at least 18 years of age to accept this Agreement.

·       By using the Site, you consent to the collection, processing and use of all information that we may collect from you, all of which is collected and handled pursuant to the terms of our Privacy Policy. A copy of the Privacy Policy is located at Premilife Privacy Policy.

·       You understand that you may encounter content on the Site that you may find objectionable.

·       No information presented throughout the Site is intended to be construed as, or a substitute for, professional medical advice.

·       Your use of any portion of the Site and/or your reliance on any of the information contained therein is at your own risk.

·       Premilife disclaims, to the fullest extent permissible by law, all representations and warranties regarding the Site and the content presented thereon, and limits its liability with respect to these representations and warranties, all as described below.

If you have any questions regarding this Agreement, or if you would like to contact us for any other reason, write to: Contact Premilife.

Section 2.            Health Care Disclaimer

(a)  The Site, including without limitation, its services, content and materials do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. As a result, no traditional doctor-patient relationship or meaningful professional obligation will be established through your use of Site. 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.

(b)  The information about homeopathic treatments (each, a “Treatment”; collectively, the “Treatments”) contained on this Site is general in nature. It does not cover all possible uses, actions, precautions, side effects, or interactions of the treatments mentioned. Moreover, it should be clearly understood that the products, services, videos and all other content of this Site has not been evaluated by the Food and Drug Administration (“FDA”).

(c)  We emphasize that the information contained in this Site is not intended as medical advice for individual problems or for making an evaluation as to the risks and benefits of taking a particular treatment. Moreover, the user of this Site should also understand that the statements, products and information offered herein might not be traditional or standard medical opinions. You are encouraged to confirm any information obtained from or through this Site with other sources, including your own physician, and review all information regarding any medical condition or treatment with your personal health care provider.

(d) Premilife does not recommend, endorse or make any representation about the efficacy, appropriateness or suitability of any Treatments or services that may be available through the Site. Therefore, in regards to any of the Treatments featured in this Site, one is strongly recommended to follow the following instructions:

·       Do not use homeopathy as a replacement for proven conventional care or to postpone seeing a health care provider about a medical problem.

·       Never disregard professional medical advice due to information, products, or services accessed through the use of this Site.

·       Before adopting any of the Treatments in this site, one should consult with his/her own health care provider, specifically about his/her own physical state.

·       Follow the recommended conventional immunization schedules for children and adults. Do not use Treatments as a substitute for conventional immunizations.

·       Women who are pregnant or nursing, or individuals considering a particular Treatment for a child, should consult their (or their child’s) health care provider(s) before doing so.

(e)  This Site is not aimed at diagnosing different illnesses. For this objective, you must see your regular health care professional.

Section 3.            License; Reservation of Rights.

By accepting the terms and conditions set forth in this Agreement, you are granted a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Site.  We make no representations about the accuracy, reliability, completeness, or timeliness of any content/information or the results to be obtained from using the Site and/or any of the Treatments featured thereon, and you expressly agree that your use of the Site/Treatments is solely at your own risk. You agree that you will only use the Site for non-commercial personal use, and for no other purpose. Other than the limited license granted in this Section 3, you have no other rights, title or interest in the Site, and any rights not specifically granted to you by us are fully reserved by us and our licensors, as applicable. Any unauthorized or prohibited use of the Site may subject you to civil liability, criminal prosecution, or both. You understand and acknowledge that in all circumstances your rights with respect to the Site, including the content, materials and information therein, will be limited by applicable intellectual property laws and by this Agreement.

Section 4.            Restricted Use.

Your use of the Site is also subject to the following restrictions:

(a)  You agree to abide by all of the terms and conditions in this Agreement. This Agreement will be enforced in a non-discriminatory manner to all end users of the Site, and may include, for example, required or automated updates and modifications, and obtaining available patches to, among other reasons, address security, interoperability, and/or performance issues. These updates, modifications and the like may occur on a periodic or as needed basis without notice to you.

(b)  The Site is only intended for use by users with a billing address in one of the countries listed below (collectively, and as applicable, the “Territory”). You understand and acknowledge that you may not sign up for, access, or attempt to access or use the Site from outside of the Territory. By using or continuing to use the Site in any manner, you represent, covenant and agree that you comply with the Territory requirements at all times.

(c)  You must be at least 18 years of age to agree to and accept this Agreement on your own behalf unless otherwise permitted by us in writing. We believe that children using the Internet require special protection, and we urge parents or guardians to explain Internet safety to their children.

(d)  You may not use the Site and/or any of the content thereon to transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, threatening, of a “spamming” nature, defamatory, or invasive of privacy; (ii) so as to violate or infringe any copyrights, trademarks, patents, trade secrets, other intellectual property rights, privacy or publicity rights, communications regulations or statutes, or any other laws, including without limitation laws concerning defamation, harassment, obscenity, or pornography; (iii) that contain software viruses or other computer code designed to interfere with the functionality of any computer systems; or (iv) that harms minors in any way. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.

(e)  Because the Site includes security components, special rules and policies apply. You may not attempt (or support others’ attempts) to circumvent, reverse engineer, decrypt, decompile, disassemble, or otherwise alter, tamper or interfere with any aspect of the Site. You may not distribute, exchange, modify, sell or re-sell, or transmit to any other person any part of the Site, including, but not limited to, any text, images, video or audio, for any business, commercial or public purpose In addition, you may not attempt to gain unauthorized access to the Site or computer systems or networks connected to the Site through hacking, passwords, or data mining, and you may not use bots, spiders or intelligent software.

(f)  If you are required to register an account on the Site, you agree to provide true, accurate, current and complete information about yourself as prompted by any subscription form, contribution form and any registration form contained within the Site. If any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your subscription and refuse any and all current or future use of the Site.

(g)  Without limiting any of the foregoing, you agree to not use the Site to:

Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful;
“Stalk” another user;
Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any content or materials that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
Impersonate any person or entity, including, but not limited to, a Premilife official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
Act in a manner that negatively affects other users’ ability to engage and use any aspect of the Site;
Intentionally or unintentionally violate any applicable local, state, national or international law; and/or
Harvest, collect or store information about the users of the Site for any purpose.
You acknowledge that Premilife is not responsible for material submitted to the Site by its users. Premilife does not pre-screen, monitor, review or edit the content posted by users. However, Premilife and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any submissions, in whole or part, which, in Premilife’s judgment, does not comply with this Agreement or is otherwise undesirable, inappropriate or inaccurate. Premilife is not responsible for any failure, non-failure or delay in removing such content.

Section 5.            Product Purchases.    

(a)  In certain markets within the Territory, you will be permitted to purchase goods (i.e., Treatments) for sale on the Site.  All purchases are for consumer use only.  No goods purchased on the Site may be resold, and dealer orders are expressly not permitted. Premilife reserves the right to accept or reject any order/purchase.

(b)  You will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method and product details. We will send to you a notice when we accept your order and our acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time we send the notice. At such time, the contract for sale will be made and become binding on both you and us. The risk of loss in any goods you purchase and the responsibility to insure them passes to you when the relevant goods are delivered.

(c)  We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after we have processed your payment but prior to delivery, we will refund your payment.

(d)  When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards.

(e)  A valid credit card is required for all purchases. If we are unable to charge the full cost of your purchase to the credit card you provide, we may cancel your order or request an alternate form of payment. You understand that the prices for products and services may be changed from time to time, but that the Site will reflect current prices. You are solely responsible for all charges and applicable fees (including delivery charges, taxes and any fees assessed by your bank) associated with your order.

(f)  Goods will be shipped after the purchase has been processed, completed and payment has been confirmed / approved. Goods purchased via the Site are generally expected to reach its intended purchaser within 30 days, subject to the destination country and the shipping options available to us.

(g)  If, pursuant to this Section 5, we reject your order, we will generally attempt to notify you, by using the email address you provided to us when you placed the order.
No refunds will be issued on any international shipments from Premilife that are confiscated, seized or destroyed by any customs office or postal authority.  It is your responsibility to ensure that Premilife products which are or may be illegal in your country are not ordered by you and subsequently shipped there by Premilife.

(h)  All purchases on the Site shall paid for exclusively in U.S. dollars. We may revise the pricing for products and services we offer at any time. We collect sales tax where required by applicable law.

(i)  Premilife has a strict No-Return Policy on any goods that have been shipped to you by us.

Section 6.            Privacy Policy.

We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our Privacy Policy. You can access our Privacy Policy at Premilife Privacy Policy.

Section 7.            Disclaimer of Warranties.        THE SITE AND CONTENT THEREON ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING AND IN ADDITION TO THE OTHER DISCLAIMS SET FORTH ELSEWHERE IN THIS AGREEMENT, WE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE SITE; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. PREMILIFE DOES NOT WARRANT OR GUARANTEE (A) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (B) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Section 8.            Limitations of liability

The use of this Site is entirely at your own risk, and in no event shall Premilife be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or any other monetary or other damages, loss, injury, fees, fines, penalties, or liabilities arising out of or relating in any way to the services, products, treatments, diagnosis or any other information provided in this site. Your sole and exclusive remedy for dissatisfaction with the service is to stop using the service. Users hereby acknowledge that this paragraph shall apply to all content, merchandise and services available through this site.

Section 9.            Indemnification.

Upon a request by Premilife, you agree to defend, indemnify and hold Premilife, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Site in accordance with the provisions contained in this Agreement. We reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Premilife in asserting and covering the reasonable legal fees and costs of any such defense.

Section 10.        Termination
Premilife may, in its sole discretion, terminate your use of the site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. Premilife reserves the right to change, suspend or discontinue all or any aspects of the site at any time without prior notice.

Section 11.        Applicable Laws / Jurisdiction.

You agree that the laws of Israel State, excluding its conflicts-of-law rules, shall govern this Agreement, and you further agree and expressly consent to the exercise of personal jurisdiction solely in the courts of Israel State, in connection with any such dispute and including any claim involving Premilife or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

Section 12.        Remedies.

You agree that any unauthorized use of the Site will result in irreparable injury to us, for which money damages would be inadequate. Therefore, in such event, we shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you and to prevent any unauthorized use. Nothing contained in this Agreement shall be construed to limit remedies available pursuant to statutory or other claims that Premilife may have under separate legal authority.

Section 13.        Provisions unenforceable or invalid.

If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Section 14.        Assignment.

You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. Premilife may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.

Section 15.        Notice on Testimonials.

In accordance with the Federal Trade Commission guidelines concerning the use of endorsements and testimonials in advertising, you should be aware of the following:

·       The testimonials displayed are given verbatim except for correction of grammatical or typing errors.  Some have been shortened where the testimonial was lengthy or portions were repetitive.

·       The customer testimonials are actually received from real Premilife customers.  They are individual experiences by persons who have used our Treatments.  However, the effectiveness of our products varies depending on each customer’s situation.  Therefore, these testimonials and case histories reflect individual results and Premilife does not claim that they are typical results you should expect to achieve.

·       The expert testimonials and endorsements are actually received from medical professionals, whose qualifications give him or her the expertise that he or she is represented as possessing.  The testimonials and endorsements are supported by the respective medical professional’s actual exercise of his or her expertise in evaluating the product features or characteristics with respect to which he or she is an expert and which are both relevant to an ordinary consumer’s use of or experience with the product and also are available to the ordinary consumer.  Furthermore, the testimonials and endorsements are supported by an actual evaluation, examination or testing of the product that is at least as extensive as that an expert in the field would normally conduct in order to support the conclusions presented in the endorsement or testimonial.

LEGAL NOTICE

The statements set forth above have not been evaluated by the Food and Drug Administration or the equivalent government agency in other jurisdictions worldwide. DO NOT experiment with dosages. Some homeopathic products contain ingredients that are not ordinarily found in typical food sources and may produce a powerful physiologic effect. Therefore, indiscriminant use of any such product is not recommended. In addition, there may be drug interactions that have the ability to produce reactions or interfere with the efficacy of prescription medication. Take only as directed under the supervision of a trained health care professional. For any suspected or known illness or health concern, always consult with your physician or healthcare provider prior to the purchase or use of any homeopathic products and treatments. Information on this site is provided for informational purposes only and is not meant to be a substitute for the advice provided by your own physician or other medical professionals. The results reported may not necessarily occur in all individuals. The trademark “Premilife” and the Premilife logo are the exclusive property of Premilife and may not be used without our express prior written consent.

Section 16.        Territory.

If you have any questions about this policy or our site in general, please contact us at Contact Premilife.

If and to the extent Premilife shall undertake the translation of the terms and conditions set forth above, or its Privacy Policy and/or under any other materials related to its commercial activities, Premilife shall only do so for convenience purposes and the English versions of all such materials shall be the sole, exclusive and binding versions thereto.

Last Updated: April 2016

Premilife is advised by leading legal and accounting professionals worldwide, including Greenberg Traurig LP (www.gtlaw.com).