Terms of Service

Terms of Use

This website is operated by Physician Select Vitamins LLC DBA Uscriptives (the “Company”). The Company offers this website (the “Site”), including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting the Site and/ or purchasing something through the Site (or linked to the Site), you agree to be bound by these terms and conditions (“Terms of Use”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. The Terms of Use apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read the Terms of Use carefully before accessing or using the Site. By accessing or using any part of the site, you agree to be bound by the Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If the Terms of Use are considered an offer, acceptance is expressly limited to the Terms of Use.
Any new features or tools which are added to the current store shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. The Company reserves the right to update, change or replace any part of the Terms of Use by posting updates and/or changes to the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

DISCLAIMER

Statements provided on this Site are for informational purposes only and are not intended as a substitute for the guidance and advice of your licensed healthcare practitioner. The products and claims on this Site have not been evaluated by the United States Food and Drug Administration and are not intended to diagnose, cure, treat, or prevent any disease or provide medical advice. Online nutrition and health information cannot replace a health professional-patient relationship. Decisions to begin any diet, exercise, or supplementation program, should always be considered in partnership with a licensed healthcare professional. Any questions concerning the use of drugs, medications, or supplements should be directed to your healthcare provider.

ONLINE STORE TERMS

By agreeing to the Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use the Company’s products for any illegal or unauthorized purpose nor may you, in the use of the Site, violate any laws in your jurisdiction (including but not limited to copyright laws).

GENERAL CONDITIONS

The Company reserves the right to refuse service to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

The Company is not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. The Company reserves the right to modify the contents of this site at any time, but the Company have no obligation to update any information on the Company’s site. You agree that it is your responsibility to monitor changes to the Company’s site.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for the Company’s products are subject to change without notice. The Company reserves the right at any time to modify or discontinue the Site (or any part or content thereof) without notice at any time. The Company shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Site.

PRIVACY POLICY

The privacy policy www.uscriptives.com applies to your use of the Site.

PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to the Company’s return policy, if any. The Company has made every effort to display as accurately as possible the colors and images of the Company’s products that appear in person. The Company cannot guarantee that your computer monitor's display of any color will be accurate. The Company reserves the right, but are not obligated, to limit the sales of the Company’s products or services to any person, geographic region, or jurisdiction. The Company may exercise this right on a case-by-case basis. The Company reserves the right to limit the quantities of any products or services that the Company offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. The Company reserves the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. The Company does not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Site will be corrected.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

The Company reserves the right to refuse any order you place with us. The Company may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that the Company make a change to or cancel an order, the Company may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. The Company reserve the right to limit or prohibit orders that, in the Company’s sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at the Company’s store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that the Company can complete your transactions and contact you as needed.

TITLE; RISK OF LOSS.

Title to the product passes from the Company to Customer when the product ships from the facility. Loss or damage that occurs during shipping by a carrier selected by the Company is the Company's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility.

THIRD-PARTY LINKS

Certain content, products, and services available via the Site may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. The Company is not responsible for examining or evaluating the content or accuracy and the Company does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
The Company is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at the Company’s request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that the Company may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. The Company is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. The Company may, but has no obligation to, monitor, edit or remove content that the Company determine in the Company’s sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or the Terms of Use. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. The Company takes no responsibility and assume no liability for any comments posted by you or any third-party.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Company’s site or in the Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. The Company reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). The Company undertakes no obligation to update, amend or clarify information in the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or on any related website, should be taken to indicate that all information in the Site or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate the Company’s intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. The Company reserves the right to terminate your use of the Site or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

The Company does not guarantee, represent, or warrant that your use of the Company’s service will be uninterrupted, timely, secure, or error-free. The Company does not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time the Company may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall the Company, the Company’s directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the Company’s liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company and the Company’s parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of the Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of the Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. The Terms of Use are effective unless and until terminated by either you or us. You may terminate the Terms of Use at any time by notifying us that you no longer wish to use the Site, or when you cease using the Company’s site. If in the Company’s sole judgment you fail, or the Company suspect that you have failed, to comply with any term or provision of the Terms of Use, the Company also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Site (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use and any policies or operating rules posted by us on this site or in respect to The Terms of Use constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). Any ambiguities in the interpretation of the Terms of Use shall not be construed against the drafting party.

GOVERNING LAW; VENUE;ARBITRATION

The Terms of Use and any separate agreements whereby the Company provide you access to the Site shall be governed by and construed in accordance with the laws of the State of Texas, United States. Any and all disputes related to the Terms of Use shall be resolved exclusively in the State of Texas in Harris County, Texas.

YOU AND THE COMPANY AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

Any dispute between you and the Company, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, the “Company”) arising from or relating to these Terms of Use and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms of Use, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, "Covered Disputes") will be settled by binding arbitration. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days' advanced written notice of its intent to file for arbitration. The Company will provide such notice by e-mail to your e-mail address on file with the Company and you must provide such notice by e-mail to legal@uscriptives.com .

During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will conduct any arbitration proceedings by telephone or videoconference unless in-person appearances are requested by you or the Company and approved by the arbitrator. Any in-person appearances will be held at a location mutually agreed upon by you and the Company, or, in the absence of such agreement, at a location determined by the arbitrator. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Arbitrator will apply applicable law and the provisions of these Terms of Use and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. The Company and you agree that any Covered Dispute hereunder will be submitted to arbitration on an individual basis only. Neither The Company nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found illegal or unenforceable, the remaining arbitration terms shall continue to be fully valid, binding, and enforceable (but in no case will there be a class, representative or private attorney general arbitration). These Terms of Use and related transactions will be subject to and governed by the laws of the State of Texas.

CHANGES TO TERMS OF USE

You can review the most current version of the Terms of Use at any time at this page. The Company reserves the right, at the Company’s sole discretion, to update, change or replace any part of the Terms of Use by posting updates and changes to the Site. It is your responsibility to check the Site periodically for changes. Your continued use of or access to the Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

ACCEPTANCE

By ordering any product from the Company whether by clicking through over the internet, telephone, facsimile or otherwise, the customer agrees to be bound by these Terms and Conditions of sale, as well as the acceptance of the Terms of Use contained elsewhere in the Site.

Terms of Uses last updated on June 1, 2020.