Welcome to POMx, shop.pomwonderful.com (the "Site"). PomWonderful LLC ("we", "us" or
"our") provides the Site and the information and services offered on the Site to
you, subject to the following Terms of Use ("TOU"). By using the Site, you agree
to be bound by these TOU. We may, in our sole discretion, modify these TOU with
or without notice to you. Please continue to periodically review these TOU when
using the Site. By continuing to access and use the Site after these TOU have been
modified, you are agreeing to such modifications. In addition, when using particular
services or features on the Site, you shall be subject to any posted guidelines
or rules applicable to such services or features that may be posted from time to
time. All such guidelines or rules are hereby incorporated by reference into these
TOU.
2. DESCRIPTION OF SERVICE
The Site contains information about POMx, including nutrition information, health
benefits, research studies, promotional and other offers. The Site and the information,
features and services available through the Site may be referred to herein collectively
as the "Service". Unless explicitly stated otherwise, any new features or services
that augment or enhance the Service in the future shall be considered part of the
Service and subject to these TOU. The Service is provided primarily for informational
purposes, and is not guaranteed. We shall not be responsible or liable for the accuracy,
completeness, usefulness or availability of any information or other content, data,
text, URLs, graphics, advertising or any other materials (collectively, the "Content")
transmitted or made available via the Service. We shall not be responsible or liable
for any decisions made in reliance on such information.
THE INFORMATION CONTAINED HEREIN IS NOT INTENDED TO PROVIDE AND DOES NOT CONSTITUTE
MEDICAL OR HEALTH CARE ADVICE. IT IS NOT INTENDED TO BE A SUBSTITUTE FOR THE ADVICE
PROVIDED BY YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS OR ANY INFORMATION CONTAINED
ON OR IN ANY PRODUCT PACKAGING LABELS. YOU SHOULD CONSULT WITH A QUALIFIED HEALTH CARE
PROFESSIONAL FOR ADVICE REGARDING THE DIAGNOSIS AND TREATMENT OF ANY MEDICAL CONDITION
AND BEFORE STARTING ANY VITAMIN, HERBAL OR DIETARY SUPPLEMENT, NUTRITIONAL, EXERCISE
OR OTHER MEDICATION PROGRAM.
3. REGISTRATION
You may be required to register for and create an account with the Service in order
to access certain information and features offered through the Service. As part
of the registration and account creation process, you will select a password and
provide us with certain registration information. You are solely responsible for
maintaining the confidentiality of your password(s) and for all usage or activity
on your account, including the use of your account by any person using your password(s).
If you choose to register with the Service or otherwise provide personal or other
information to the Service, you agree to (a) provide true, accurate, current and
complete information about yourself as prompted by the Service's registration form
or other areas of the Service, and (b) maintain and promptly update such information
to keep it true, accurate, current and complete. If you provide any information
to us that is untrue, inaccurate, not current or incomplete, or if we have reasonable
grounds to suspect that such information is untrue, inaccurate, not current or incomplete,
we have the right to suspend or terminate your account and refuse any and all current
or future use of the Service (or any portion thereof).
We gather information through "cookies" which are small files of electronic information
that allow the host to keep records of your website visits and personalize the website
visit for you. We also uses cookies for server diagnostic and website administration
and maintenance purposes, for marketing and promotional purposes, to improve the
website, to determine which areas of the website are used most often, to enhance
your website experience, and to gather general demographic information. We may also
use cookies to deliver content specific to your interests. Cookies are not used
to report on or track you when you leave this website or any activities beyond this
website. The forms on this website may require you to provide contact information,
such as your name, address, email address or other information, which, if you have
given us permission to do so, will be used to send you information about our goods
and services and promotional material from us. We consider your information to be
privileged and confidential and it will not be given to any third-party except if
required to do so by law, court order, or as required by other governmental or legal
entities. In addition, we may disclose information in special cases when there is
a reason to believe that disclosure of the information is necessary to identify,
contact or bring legal action against a person who may be causing injury to or interference
(either intentionally or unintentionally) with the rights or property of us, other
visitors to this website, or anyone else potentially harmed by such activities.
Any personal or other information you provide to us is subject to our Privacy Policy.
For more information, see our full Privacy Policy.
Kids under 13: Do not send us any information about yourself, including your name,
address or email address. In general, we do not knowingly collect personally identifiable
information from children under 13. If, in limited circumstances, we do knowingly
collect personally identifiable information from a child under the age of 13, we
will do so only with verified parental consent prior to collection. In the event
that we learn that we have collected any personal information from a child under
the age of 13 without verification of parental consent, we will delete that information
from our database as quickly as possible.
4. THIRD-PARTY WEBSITES
The Service may provide links to Websites or resources outside of the Site. Because
we have no control over external sites and resources, you acknowledge and agree
that we are not responsible for the availability of such sites or resources, and
do not endorse and are not responsible or liable for any Content, advertising,
goods, services or other materials on, available through or provided by such sites
or resources. Your correspondence or business dealings with, or participation in
promotions of, any Websites that you find or link to through the Service, including
payment and delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between
you and such Websites. You agree that we shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any such dealings or as
the result of the presence of links to such Websites on the Service.
5. SUBMISSIONS
While we are always happy to hear from you, it is our policy not to accept or consider
creative materials, ideas, or suggestions other than those we specifically request.
This is to avoid any misunderstandings if your ideas are similar to those we have
developed independently. Therefore we must request that you do not send to us any
original creative materials such as images, original artwork, etc. Any communication
or material you do transmit to the Site by email or otherwise will be treated as
non-confidential and non-proprietary. Any Content you transmit to or post on the
Site may be used or published by us or our affiliates for any purpose including,
but not limited to, reproduction, disclosure, transmission, publication, broadcast
and posting in any media throughout the world and in perpetuity without restriction
or compensation to you. Furthermore, we are free to use any ideas, concepts, know-how,
or techniques contained in any communication you send to the Site for any purpose
whatsoever including, but not limited to, developing, manufacturing and marketing
products using such information.
6. POSTINGS/USER CONDUCT
Although we may from time to time monitor or review discussions, chats, postings,
transmissions, bulletin boards, and the like on the Service, we are under no obligation
to do so and assume no responsibility or liability arising from the content of any
such locations nor for any error, defamation, libel, slander, omission, falsehood,
obscenity, pornography, profanity, danger, or inaccuracy contained in any information
within such locations on the Service. You are prohibited from posting or transmitting
any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory,
pornographic, or profane material or any material that could constitute or encourage
conduct that would be considered a criminal offense, give rise to civil liability,
or otherwise violate any law. We will fully cooperate with any law enforcement authorities
or court order requesting or directing us to disclose the identity of anyone posting
any such information or materials.
You may not use the Services or the Site to:
- interfere with any other user's use of the Services;
- conduct any unlawful activity
- intentionally solicit or harm minors in any way
- misrepresent your own identity or any affiliation that you may have;
- modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble
any portion of the Services, Site or Content;
- alter or remove any copyright, trademark or other proprietary rights notices;
- "frame", "mirror", or "deep link" any part of the Site or Content;
- link to any page within the Site or Content from any web site or web page that makes
any claims as to the curative or health enhancing powers of any substance, whether
or not such substance is produced, marketed, sold or distributed by us.
7. MODIFICATIONS TO SERVICE
We reserve the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without notice.
You agree that we shall not be liable to you or to any third-party for any modification,
suspension or discontinuance of the Service.
8. TERMINATION
We reserve the right, in our sole discretion, immediately and without notice to
suspend or terminate these TOU, your account (if you have registered) and/or your
ability to access the Site, for any reason including any breach by you of these
TOU or conduct by you that we determine to be inappropriate. Without limiting the
foregoing, if you post images or Content to the Site that infringe the copyright
of any third-party, such conduct shall be grounds for immediate termination of your
account.
9. OUR PROPRIETARY RIGHTS
POMx and POM Wonderful, our logo and the name of the products that we produce are
registered trademarks of PomWonderful LLC or its affiliates. We will enforce our
intellectual property rights to the fullest extent of the law. You acknowledge and
agree that the Service and any necessary software used in connection with the Service
(the "Software") contain proprietary and/or confidential information, Content and
other materials that are protected by applicable intellectual property and other
laws (including, without limitation, copyrights, trademarks, service marks and patents).
You acknowledge that you do not acquire any ownership rights in any intellectual
property through your use of the Site. Except as expressly authorized by us, you
agree not to modify, rent, lease, loan, sell, distribute, create derivative works
based on, or otherwise use the Software, the Service or any Content contained thereon,
in whole or in part. In addition, you may not copy, reproduce, republish, upload,
post, transmit or distribute materials from the Site in any way or manner without
our prior written permission.
You are granted a limited, non-exclusive, non-transferable, non-assignable license
to use the Content on the Site solely for the purpose of viewing the Site in the
course of using the Internet. Subject to the foregoing license, you may not make
a temporary or permanent copy of the Site or any Content, on any media or for any
purpose whatsoever. The establishment of any link between any other website and
the Site (or any Content) or "mirroring", "cloning", redirecting" or "framing"
any part of the Site (or any Content) is strictly prohibited without our prior written
consent.
10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE SERVICE IS AT YOUR SOLE
RISK. THE SERVICE AND ALL PRODUCTS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION,
CONTENT, SERVICES OR PRODUCTS INCLUDED OR OFFERED ON OR THROUGH THE SERVICE, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. IN ADDITION, YOU SHOULD NOT RELY ON ANY REPRESENTATIONS
OR WARRANTIES CONTAINED ON ANY INDEPENDENT DISTRIBUTOR WEB SITES.
b. WE MAKE NO WARRANTY THAT (i) THE SERVICE OR ANY PRODUCTS OBTAINED THROUGH THE
SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE OR ANY PRODUCTS PROVIDED THEREIN WILL BE ACCURATE OR RELIABLE, (iv) THE
QUALITY OF ANY SERVICES OR INFORMATION OR PRODUCTS OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
c. ANY MATERIAL OBTAINED FROM THROUGH THE USE OF THE SERVICE IS OBTAINED AT YOUR
OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR
FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE
TERMS OF SERVICE.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE OR ANY PRODUCT OBTAINED THROUGH
THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE SERVICE; OR (iv) ANY
OTHER MATTER RELATING TO THE SERVICE.
12. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. NOTICE
The Service may provide notices to you including, without limitation, notices of
changes to these TOU or other matters by displaying such notices or links to such
notices to you generally on the Service.
14. COPYRIGHTS AND COPYRIGHT AGENTS
We respect the intellectual property of others, and we ask our visitors to do the
same. If you believe that your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise violated
by materials on the Site, please provide our Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim
has been infringed;
- a description of where the material that you claim is infringing is located on the
site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our Agent for Notice of claims of copyright or other intellectual property infringement
can be reached as follows:
By mail:
PomWonderful LLC
11444 West Olympic Boulevard, Suite 310
Los Angeles, CA 90064
Attn: General Counsel
Telephone: (310) 966-5700
Email: legalinfo@pomwonderful.com
15. ARBITRATION
Except for claims arising under Sections 6 and 9, the sole and exclusive jurisdiction
and venue for resolving any controversy or claim arising out of or relating to the
TOU or the Service shall be through binding arbitration in Los Angeles County, California,
including, without limitation, any dispute with respect to this arbitration provision,
any claim in tort, or any claim for violation of any federal, state or local statute,
or ordinance or regulation. The arbitration shall be conducted by JAMS/Endispute
("JAMS"), whose rules applicable to such disputes shall be in force, and judgment
or the award rendered by the arbitrator may be entered by any court having jurisdiction
thereof. There shall be one arbitrator to be mutually selected by the parties, and
if the parties cannot so select, the arbitrator shall be appointed by JAMS. The
fees of the arbitrator, administrative fees, and the other fees and costs of the
arbitration, including, but not limited to, the cost of any record or transcripts
of the arbitration, shall be advanced by the parties to the arbitration in equal
portions, and, in addition thereto, each such party shall advance the fees of its
own attorneys, the expenses of its witnesses and all other expenses connected with
presenting its case. THE PARTIES HERETO WAIVE THE RIGHT TO A TRIAL BY JURY IN CONNECTION
WITH ANY ARBITRABLE CONTROVERSY OR CLAIM.
16. GENERAL INFORMATION
These TOU constitute the entire agreement between you and us and govern your use
of the Service, superseding any prior agreements between you and us. You also may
be subject to additional terms and conditions that may apply when you use affiliate
services, third-party content or third-party software. These TOU and the relationship
between you and us shall be governed by the laws of the State of California without
regard to its conflict of law provisions. Unless otherwise provided herein, you
and we agree to submit to the personal and exclusive jurisdiction and venue of the
courts located within the state of California. Any failure on our part to exercise
or enforce any right or provision of these TOU shall not constitute a waiver of
such right or provision. If any provision of these TOU is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the provision,
and the other provisions of these TOU remain in full force and effect. You agree
that regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Service or these TOU must be filed within
one (1) year after such claim or cause of action arose or be forever barred.
17. CONTACTING US
If you have any questions or comments about these terms, please contact us at the
address listed above. Please report any violations of the TOU to legalinfo@pomwonderful.com
PomWonderful LLC
11444 West Olympic Boulevard, 10th Floor
Los Angeles, California 90064
Attention: General Counsel
Telephone: (310) 966-5700
Email: legalinfo@pomwonderful.com