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Terms of Use

Terms of Use Agreement

Welcome to the Mybulkup Website ("Site"). This Terms of Use Agreement ("Agreement") sets forth the Agreement between Mybulkup, ("we", "us", or "our") and each user ("user", "your" or "you") governing the use by you of this Site, Please read this Agreement before using this Site. By using this Site, you agree to be bound by the terms of use contained in this Agreement. By accessing this Site you agree that you have read, understand and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. IF YOU DO NOT AGREE TO THE TERMS AND USE OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THIS SITE.

This Site is not intended to provide diagnosis, treatment or medical advice. Products, services, information and other content provided on this Site, including information that may be provided on this Site directly or by linking to third-party websites are provided for informational purposes only. Please consult with a physician or other healthcare professional regarding any medical or health related diagnosis or treatment options.

Terms of Use may change periodically. We will notify you of any material changes to the Agreement by posting a notice on this Site homepage for a reasonable period of time. You agree to regularly review this Agreement for any changes or modifications. Your continued use of this Site means that you accept any changes or modifications to this Agreement.

Not Healthcare Advice

The products and claims made about specific products on or through this Site have not been evaluated by the United States Food and Drug Administration and are not approved to diagnose, treat, cure or prevent disease..

Information provided on this Site and linked websites, including information relating to medical and health conditions, treatments and products may be provided in summary form. Information on this Site including any product label or packaging should not be considered as a substitute for advice from a healthcare professional. This Site does not recommend self-management of health issues. Information on this Site is not comprehensive and does not cover all diseases, ailments, physical conditions or their treatment. Contact your healthcare professional promptly should you have any health related questions. Never disregard or delay medical advice based upon information you may have read on this Site.

You should not use the information or services on this Site to diagnose or treat any health issues or for prescription of any medication or other treatment. You should always consult with your healthcare professional and read information provided by the product manufacture and any product label or packaging, prior to using any medication, nutritional, herbal or homeopathic product or before beginning any exercise or diet program or starting any treatment for a health issue. Individuals are different and may react differently to different products. You should consult your physician about interactions between medications you are taking and nutritional supplements. Product ratings by any current or previous employees or Site users are strictly their own personal views made in their own personal capacity and are not intended as a substitute for appropriate medical care or advice from a healthcare professional.

Always check the product label or packaging prior to using any product. If there are discrepancies, customers should follow the information provided on the product label or packaging. You should contact the manufacturer directly for clarification as to product labeling and packaging details and recommended use.

Mybulkup is not liable for any information provided on this Site with regard to recommendations regarding supplements for any health purposes. The products or claims made about specific nutrients or products have not been evaluated by the Food and Drug Administration. Dietary products are not intended to treat, prevent or cure disease. Consult with a healthcare professional before starting any diet, supplement or exercise program. Mybulkup makes no guarantee or warranty with respect to any products or services sold. Mybulkup is not responsible for any damages for information or services provided even if Mybulkup has been advised of the possibility of damages.

Equipment

You must provide at your sole cost all equipment and services necessary to access this Site.

Copyright, Trademarks and other Intellectual Property

You acknowledge that all materials on this Site, including this Sites design, text, graphics, sounds, pictures, software and other files and the selection and arrangement thereof, (collectively, "Materials"), are the property of Mybulkup and are subject to and protected by United States and international copyright and other intellectual property laws and rights. The trademarks, service marks, trade names, and logos (collectively, "Marks") contained on this site, including without limitation Mybulkup® are the sole property of Mybulkup and may not be copied or otherwise used, in whole or in part without the prior written authorization of Mybulkup. In addition all page headers, custom graphics and custom icons are Marks of Mybulkup and may not be copied or otherwise used, in whole or in part without the prior written authorization of iMybulkup. Other copyrights, trademarks, product names, company names, logos or intellectual property are the property of the respective owners with all rights reserved. Any use of any Materials or Marks owned by Mybulkup is considered an infringement or our intellectual property rights (including patent rights) and will be legally pursued as such.

By agreeing to the Terms of Use, you agree that you will not use any text, photos, likenesses or other copyrighted or protected material of Mybulkup or of other third parties.

International Access

This Site may be accessed by users in countries other than the United States. This Site may contain products or references to products that are not available outside the United States. If you access this Site from a location outside the United States, you are responsible for compliance with all local laws and regulations. You agree that you will not use this Site content or products in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Modifications

We reserve the right to modify the terms of use at any time and in our sole discretion. If any modification is unacceptable to you, your only recourse is to terminate this Agreement.

Liability Disclaimer

YOU AGREE THAT THE USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS" AVAILABLE" BASIS, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT. MYBULKUP AND OTHER AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, "MYBULKUP ENTITIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

MYBULKUP ENTITIES MAKE NO WARRANTY THAT THIS SITE WILL MEET YOUR REQUIREMENTS, THIS SITE WILL BE TIMELY, SECURE, ERROR FREE OR UNINTERUPTED, THE RESULTS OBTAINED FROM THIS SITE WILL BE ACCURATE OR RELIABLE, THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS AND ANY SITE ERRORS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. NO INFORMATION OBTAINED BY YOU FROM MYBULKUP ENTITIES OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

ALL PRODUCTS AND SERVICES PURCHASED THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS OR SUPPLIERS. IF ANY, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MYBULKUP ENTITIES [DEFINE] DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES, WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON THIS SITE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE MYBULKUP ENTITIES EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS ATTRIBUTABLE TO NORMAL WEAR, PRODUCT MISUSE OR MODIFICATION, ABUSE, INCORRECT PRODUCT SELECTION AND NOT FOLLOWING PRINTED DIRECTIONS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MYBULKUP ENTITIES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THIS SITE, INCLUDING ANY LIABILITY AS A, PUBLISHER OF INFORMATION, RESELLER OF ANY PRODUCTS OR SERVICES, FOR ANY DEFECTIVE PRODUCTS, FOR ANY INCORRECT INFORMATION OR INACCURATE INFORMATION, FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS SITE OR FOR ANY OTHER MATTER RELATING TO THIS SITE OR ANY THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE ARRANGEMENT BETWEEN MYBULKUP AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS, NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF MYBULKUP ENTITIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM MYBULKUP ON THIS SITE.

BECAUSE SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, OR WITH ANY OF THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.

Indemnification

You agree to indemnify, defend and hold harmless Mybulkup Entities from and against all losses, expenses, costs and damages including attorney's fees, resulting from your use of or contact on this Site, your use or your inability to use this Site or services, any products or services purchased or obtained by you in connection with this Site, any Site postings or activity related to your account made by you or another person, your violation of any terms of this Agreement, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. You agree to cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will still be required to indemnify us for the attorney fees and expenses in addition to any losses, claims, damages and liabilities incurred by us. You shall not in any event settle any matter without prior written consent of Mybulkup.

Site Usage & Usage Termination

You are required to establish an account on this Site in order to use certain features, such as making a purchase. You agree to provide accurate, true, complete and current information about yourself as prompted by this Site and to promptly update such information to maintain accurate, true, complete and current information. If you provide any inaccurate, false, incomplete or outdated information or Mybulkup at its sole discretion suspects that such information is inaccurate, false, incomplete or outdated, Mybulkup reserves the right to suspend or terminate your account and prohibit any and all current or future use of this Site or any portion thereof by you. During the registration process you will create a username and password. You are responsible for the confidentiality of your account and password and are fully responsible for all activities that occur under your account or password. You agree to immediately notify us of any unauthorized use of your account or password or any other security breach and to ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account on this Site including charges resulting from unauthorized use of your account. We are not liable for any loss or damage resulting from your failure to comply with this section.

You agree to use this Site for lawful purposes and that you are responsible for your use of and communications on this Site. You agree not to post on or transmit through this Site any unlawful, infringing, defamatory, obscene, indecent, threatening, offensive or otherwise objectionable material of any kind including any material that encourages illegal conduct or conduct that would encourage civil liability, infringes on other's intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Site in a manner that would interfere with normal operation or infringes on any others use of this Site.

Mybulkup makes no representation that Materials contained on this Site or that products described or offered on this Site are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Users to this Site outside the United States do so at their own initiative and risk and are responsible for complying with all applicable laws and regulations. You agree not to access this Site from any location or territory where its contents are illegal and that you and not Mybulkup are responsible for compliance with all applicable laws and regulations.

This Agreement is effective until terminated by either Mybulkup or you. Mybulkup, at its sole discretion, may suspend or terminate this Agreement at any time without notice and deny you access to this Site or any portion of it. You may terminate this Agreement at any time provided you discontinue any use of this Site. Upon termination by Mybulkup or you, you must destroy all materials obtained from this Site including all copies of such materials whether made under the terms of use or otherwise. Mybulkup reserves the right to modify or discontinue, temporarily or permanently, this Site or any portion of it with or without notice. Mybulkup is not liable to you or to any third party for any modification, suspension or discontinuation of this Site.

We reserve the right to terminate any account if your order is deemed fraudulent or credit card charges are disputed. You agree that Mybulkup may terminate or suspend your access to all or part of this Site, with or without notice, for any conduct that Mybulkup, at its sole discretion, believes is in violation of any part of this Agreement, laws or regulations or is harmful to another user or any Mybulkup parties.

The following shall survive any termination of the Agreement either by Mybulkup or you; Privacy, Liability Disclaimer, Severability; Interpretation, and Miscellaneous.

User Content and Conduct

Where applicable at this Site, you may post your own content ("User Content"). You understand that you are solely responsible for any content you post to this Site. You alone assume all risks associated with your content including anyone's reliance on its accuracy, truthfulness or reliability or any disclosure by you of information in your content that makes you identifiable. Once published, your content may not be able to be withdrawn. You may not imply that your content is endorsed by Mybulkup. You may expose yourself to liability if your content is false, defamatory, intentionally misleading, violates any third-party right including copyright, trademark, patent, trade secret, privacy right, right of publicity or any other intellectual property or proprietary right or any material that is unlawful or violates or advocates the violation of any law or regulation. We cannot guarantee that your content will not be misused by other users. If you have information you want to keep confidential and/or do not want others to use, do not post it to this Site. Mybulkup will not be liable for any user content, including, any errors or omissions, any loss or damage incurred as the result of the use of any user content in any manner posted to this Site. Mybulkup is not responsible for any user's use or misappropriation of any content you post to this Site.

By posting user content to this Site, you hereby grant (or warrant that the owner of such rights has expressly granted) us perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use reproduce, adapt, publish translate, edit, sub-license, create derivative works from and distribute such content or incorporate such content into any form. The foregoing grant includes, without any limitation, any copyrights and other intellectual property rights in and to your user content. You represent and warrant that the content you posted does not violate the privacy or publicity rights, copyrights, contract rights or any other rights including moral rights of any person. You agree to pay for all royalties, fees and any other amounts owed to any person by reason of any content you posted to this Site.

You understand that Mybulkup may preserve user content and may disclose user content if required to do so by law or in good faith belief that such preservation or disclosure is reasonably necessary to, comply with the legal process, enforce this Agreement, respond to claims that any user content violates the rights of third-parties, or protect the rights, property or personal safety of Mybulkup, its users and the public. You understand that the technical processing and transmission of this Site, including your user content, may require transmitting over different networks and changes to conform to technical requirements of connecting devices or networks.

Your content postings are voluntary including, ideas, opinions and disclosures. There is no confidential or contractual relationship established by posting your content or review or use of your content. Mybulkup is not liable for any disclosure of any user content, including opinions, suggestions you post to this Site. Mybulkup is entitled to unrestricted use of any user content it may receive, for any purpose, commercial or otherwise, without compensation to you as the content provider.

You agree not to use this Site to:

a. Post or otherwise transmit any user content that is harmful, false, unlawful, obscene, defamatory or otherwise objectionable.
b. Harass, stalk or otherwise abuse another.
c. Impersonate any person or entity or misrepresent your affiliation with any person or entity.
d. Harm minors.
e. Manipulate identifiers in order to disguise the origin of any user content posted to this Site.
f. Post or otherwise transmit any user content that you do not have the right to transmit under any law, contractual or fiduciary relationships.
g. Post or otherwise transmit any user content infringes any patent, copyright, trademark or other proprietary rights ("Rights") of any party or post or otherwise transmit any protected material on this Site.
h. Post or otherwise transmit any unsolicited advertising, promotional materials, spam, junk mail, pyramid schemes or any other form of solicitation.
i. Post or otherwise transmit any content that contains viruses, Trojan horses, or other harmful, disruptive or destructive materials that limit the functionality of any computer software, hardware or telecommunications equipment or interferes with any third party's use of this Site.
j. Collect data about other Site users.
k. Gain access to unauthorized areas of this Site.
l. Gain access to unauthorized servers or networks.

We will terminate the account and/or block Site users who violate the intellectual property rights of any person on this Site. You understand that by using this Site you may be exposed to other's user content that is indecent or otherwise objectionable. Mybulkup does not endorse or have control over user content. User content is not reviewed by Mybulkup prior to posting and does not reflect the opinions of Mybulkup. Mybulkup makes no representations or warranties express or implied with regards to the accuracy or reliability of user content or any other material or information you may obtain from this Site. Mybulkup is not responsible for monitoring this Site for inappropriate user content or conduct. If at any time Mybulkup chooses, in its sole discretion, to monitor this Site, Mybulkup nonetheless assumes no responsibility for the user content, has no obligation to modify or remove any inappropriate user content, and has no responsibility for the conduct of this Site users submitting any such user content. Notwithstanding the foregoing, Mybulkup reserves the right to remove any user content that violates this Agreement or is otherwise objectionable, in Mybulkup's sole discretion. You agree that you must evaluate, and bear all the risks that are associated with the use of any user content, including reliance on accuracy, completeness or usefulness of such content. In this regard, you acknowledge you may not rely on any user content. You are solely responsible for your interactions with other Site users. Mybulkup, in its sole discretion, has the right but is under no obligation to monitor communications between you and other Site users and to terminate your Site access.

You agree to indemnify us for any and all third party claims, damages, losses and causes of action arising from or as a result of your posting any content or materials or your failure to comply with this Agreement. Mybulkup does not and cannot review all communications and content users post or upload to the interactive areas of this Site. Mybulkup is not responsible for any of the content of these communications or materials posted or uploaded to this Site. Mybulkup reserves the right to block, move, delete, edit whole or in part, any content submitted by you to this Site that we determine to be fraudulent, deceptive, misleading, abusive, obscene, defamatory or violation of a copyright, trademark or other intellectual property right of another or otherwise unacceptable to Mybulkup at its sole discretion. Any content posted to interactive areas of this Site should not be construed as professional healthcare advice or instruction.

This Site is intended for adult use. If you are under 18, do not submit any information or content to this Site.

Privacy

Use of this Site is subject to the terms of our Privacy Policy. You agree to be bound by the terms of our Privacy Policy. Please carefully review our Privacy Policy prior to using this Site. We reserve the right, and you authorize us to use information regarding your use of this Site, account registration, and any other personal information provided by you in accordance with our Privacy Policy.

Agreement

This Agreement constitutes the only Agreement between Mybulkup and any and all Site users with respect to the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement

Severability; Interpretation

If any provision of this Agreement is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remainder of this Agreement will remain in force. When used in this Agreement, the term "including" will be deemed to be followed by the words "without limitation".

Miscellaneous

The failure of the Mybulkup Entities to enforce your strict performance of any term of this Agreement will not constitute a waiver of such term and will not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of this Agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to the use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or will be permanently barred. The "Liability Disclaimer" provisions of this Agreement are for the benefit of Mybulkup Entities as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against your on its own behalf.

Contact Us

Mybulkup welcomes your questions or comments with regards to the Terms of Use.