Terms of Use

Welcome to Pacora (“Company”, “we,” “us,” or “our”). We invite you to access and use our websites (the “Websites”).

We provide visitors to our Websites (“Visitors”) access subject to the following Terms of Use, which may be updated by us from time to time without notice to you. Please read this Agreement carefully before accessing the Website. By accessing or browsing the public areas and using the Websites, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is incorporated by reference (this “Agreement”). If you do not agree to any of these terms, then please do not use the Websites.

You also acknowledge that the use of any products or services recommended, purchased or encouraged from our websites by you DOES NOT create a medical-professional-to-patient relationship between you and us. You agree that you will consult with your appropriate medical professional if you have any questions or wish to seek professional advice regarding a medical condition or any other issue related to your health. We cannot and do not assess, verify or guarantee the adequacy, accuracy or completeness of any material or the suitability or safety of any product provided on this website. You bear sole responsibility for your own health and decisions. Always speak with your physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, or using any treatment for a health problem. If you have or suspect that you have a medical problem, contact your health care provider promptly. Do not disregard professional medical advice or delay in seeking professional advice because of something you have read through us.

The Website enables visitors who are at least eighteen (18) years of age to make purchases. Any user who registers with us (each, a “Registered User”) and wishes to purchase a product or service through one of our Websites is agreeing to the terms of this Agreement and the accompanying Terms and Conditions of Purchase.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

1. Use of our Websites

Visitors. Visitors are people who do not register with us but want to explore the Websites. No login is required. Visitors can view all publicly-available content and email us.

Registered Users. Registered Users can do all the things Visitors can, and: purchase products and services; access exclusive content; create, access, manage, and update their own accounts; post comments and other content (“Registered User Content”); sign up for programs, alerts, and notifications; and become part of the community. Company is under no obligation to accept any individual as a Registered User and may deactivate any account at any time, including if it determines a Registered User has violated these Terms of Use.

2. Community Guidelines

By accessing and/or using the Websites, you agree to comply with all applicable laws and not to use the Websites for any unlawful purpose. You will not upload, post, or transmit content that infringes proprietary rights; is defamatory, obscene, invasive of privacy, promotes violence, or contains hate speech; or discloses sensitive information about another person. You will not stalk, threaten, or harass; spam or use the Websites for commercial activities; impersonate any person or entity; interfere with the proper operation of the Websites or attempt to gain unauthorized access; obscure or interfere with advertisements or safety features; or use any robot, spider, or scraper without our express written permission (public search engines excepted for indexing). We reserve the right to deny access and to remove any content that does not adhere to these guidelines.

3. Restrictions

The Websites are only available for individuals aged 18 years or older.

4. Sign-in Name; Password; Unique Identifiers

During registration we will ask you to create an account with a sign-in name, password, and possibly additional identifiers. You must provide true, accurate, current, and complete information. Each sign-in name and password may be used by only one Registered User; sharing credentials is a material breach. You are solely responsible for the confidentiality and use of your credentials. We reserve the right to delete or change your password, sign-in name, or unique identifier at any time.

5. Fees and Payment

As consideration for any purchase you make on the Websites, you shall pay Company all applicable fees and taxes. There are absolutely NO refunds. All purchases are final. You must provide current, complete, and accurate billing information and keep it updated. You authorize Company to obtain updated or replacement expiration dates for your credit card. You agree to pay all costs of collection, including attorney's fees, on any outstanding balance.

6. Intellectual Property

The Websites contain material (the “Content”) that may be owned by us or third parties and is protected under United States and foreign laws. Visitors may view publicly-available Content for their own personal, non-commercial use. You may not sell, transfer, license, modify, reproduce, publicly display, distribute, or otherwise use the Content for any public or commercial purpose without our prior written consent. The trademarks, service marks, and logos of Company are registered and unregistered marks of Company; nothing on the Websites grants any license to use them without our prior written permission.

7. Registered User Content; Licenses

You are entirely responsible for all your Registered User Content. You retain your copyrights, but you grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, copy, distribute, publicly display and perform, and otherwise use or exploit your Registered User Content. You represent that your Registered User Content is your original creation (or you have the rights to provide it) and does not infringe the rights of any person or violate our Community Guidelines.

8. Communications with Us

Although we encourage you to email us, you should not email us any content that contains confidential or medical information. With respect to all communications you send us, we shall be free to use any ideas, concepts, know-how, or techniques contained in them for any purpose without compensation or attribution.

9. No Warranties; Limitations of Liability

THE WEBSITES AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY FOR ANY CLAIM EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10. External Sites

The Websites may contain links to third-party websites (“External Sites”) provided solely as a convenience and not as an endorsement. We are not responsible for the content of any linked External Sites. If you decide to access linked External Sites, you do so at your own risk.

11. Representations; Warranties; and Indemnification

You agree to defend, indemnify, and hold us harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including reasonable legal fees, arising from your breach of this Agreement, your misuse of the Content or the Websites, or your violation of any third-party rights.

12. Compliance with Applicable Laws

The Websites are based in the United States. If you access the Websites from outside the United States, you do so at your own risk and are solely responsible for compliance with the laws of your jurisdiction.

13. Termination of the Agreement

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access at any time without prior notice or liability.

14. Digital Millennium Copyright Act

Company respects the intellectual property rights of others. If you believe your work has been copied on the Websites in a way that constitutes copyright infringement, please provide our designated agent with notice in accordance with the Act: Pacora, by mail 1333 Camino del Rio S #103, San Diego, CA 92108, by e-mail [EMAIL].

15. Controlling Law

This Agreement and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.

16. Binding Arbitration

In the event of a dispute arising under or relating to this Agreement, the Content, or the Websites, either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, except either party may bring its claim in small claims court where permitted. Arbitration shall be conducted by JAMS pursuant to its rules.

17. Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

18. Equitable Relief

In the event of a breach or threatened violation of our intellectual property rights, we will be entitled to injunctive relief to enforce this Agreement, and you consent to the personal and subject matter jurisdiction of the federal and state courts in the State of California.

19. Miscellaneous

Our failure to enforce any provision shall not be construed as a waiver. Except as expressly agreed in writing, this Agreement constitutes the entire agreement between you and us with respect to the subject matter and supersedes all previous agreements.

Company: Pacora. By Mail: 1333 Camino del Rio S #103, San Diego, CA 92108. By e-mail: [EMAIL]. Last Modified [PLACEHOLDER — effective date].