Terms and Conditions

HardPills.com owns and operates the websites located at www.HardPills.com and may have previously, now, or in the future own and/or operate a HardPills.com mobile application (collectively, the “Platform”). Your access and use of the Platform, any part thereof, or anything associated therewith, including its content (“Content”), any products or services provided through the Platform or otherwise by HardPills.com, and any affiliated website, software, or application owned or operated by HardPills.com (collectively, including the Platform and the Content, the “Service”) is governed by these Terms and Conditions (“Terms and Conditions” or “Agreement”).

Please read this Agreement carefully because it sets forth the important terms you will need to know about the HardPills.com Service. In this Agreement, the terms “you” and “yours” refer to the person using the Service. The HardPills.com Service is not intended for individuals under the age of eighteen (18) and individuals under the age of eighteen (18) are prohibited from using all or any part of the HardPills.com Service or entering into this Agreement.

Acceptance of Terms and Conditions

Your access to and use of the HardPills.com Service is subject to this Agreement, as well as all applicable laws and regulations. If you do not accept and agree to be bound by this Agreement in its entirety, you are strictly prohibited from visiting, accessing, registering with, and/or using the HardPills.com Service or any information or Content provided through the HardPills.com Service, except as necessary to review this Agreement. The HardPills.com Service is continually under development, and we reserve the right to revise or remove any part of this Agreement or the HardPills.com Service at our sole discretion at any time and without prior notice to you. Any changes to this Agreement are effective upon posting to the Platform. Unless otherwise indicated, any new Content added to the HardPills.com Service is also subject to this Agreement upon posting to the Platform. If you disagree with this Agreement or any terms or conditions herein, your sole remedy is to discontinue your use of the HardPills.com Service. Your continued use after a change to this Agreement has been posted constitutes your acceptance of this Agreement as modified by such changes.

Your Relationship with Us

We make available to individuals who register as users of the HardPills.com Service (“Users”) certain products and services sold or offered by HardPills.com vendors via our HardPills.com Service. By accepting this Agreement, you acknowledge and agree that any services you receive through the Platform are also subject to this Agreement.

Notice Regarding Your Financial Responsibility for Services

HardPills.com is not enrolled with and is not participating providers with, any federal or state healthcare programs (i.e., Medicare, Medicaid) for the provision of any health care or supplies and, as such, neither you nor HardPills.com may receive payment from such programs for the services or products provided to you by HardPills.com. By choosing to use the HardPills.com Service, you are specifically choosing to obtain products and services on a cash basis outside of any federal or state healthcare program. Thus, you are solely responsible for the costs of any service or product provided to you.

By agreeing to use the HardPills.com Service, you acknowledge and agree that (1) you are explicitly choosing to obtain products and services on a cash basis outside of any federal or state healthcare program, and you have sole financial responsibility for all services or products provided to you by or through the HardPills.com Service, and (2) neither you nor HardPills.com will submit a claim for reimbursement to any federal or state healthcare program for the costs of the services and products provided to you through the HardPills.com Service.

Subscription Products and Services

Certain products and services available for purchase through the HardPills.com Service require that yo uchase the product and/or service on an automatically renewing subscription basis. For subscription-based products and services, your payment device will be automatically charged at regular intervals as described for that product or service during the checkout process until you cancel your subscription. We and/or the Providers may, but are not required to, perform outreach to you from time to time via the HardPills.com Service to requests updates to your information and to facilitate ongoing subscriptions. You may cancel a subscription at any time up to forty-eight (48) hours before the applicable renewal processing date of your subscription through the HardPills.com Service, by emailing contact@hardpills.com directly requesting a cancellation.

In order to simplify the user experience through the HardPills.com Service, you will only see and be required to pay a single “total” subscription price.

Privacy Policy

HardPills.com understands the importance of confidentiality and privacy regarding your personal information. Please see our Privacy Policy for a description of how we may collect, use and disclose your personal information.

Registration; User Accounts, Passwords, and Security

You are obligated to register and set up an account in the Platform in order to access the HardPills.com service, and the HardPills.com Service is available only to Users who have registered and have been granted accounts with usernames and passwords. For purposes of clarity, the information you provide to HardPills.com in order to register and set up an account on the Platform, including name, username, email address, shipping address, and phone number, is not considered Protected Information. You agree to accurately maintain and update any information about yourself that you have provided to HardPills.com. If you do not keep such information current, or fail to submit truthful, accurate, and complete information, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and your use of the HardPills.com Service. You also agree to immediately notify HardPills.com of any unauthorized use of your username, password, or any other breach of security that you become aware of involving or relating to the HardPills.com Service by emailing contact@hardpills.com. In addition, you agree to keep confidential your username and password and to exit from your User account at the end of each session. HardPills.com explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You may not use anyone else’s account at any time.

When establishing an account, you will be required to provide a username and password that will be used as your login for your account. To help protect the privacy of data you transmit through the HardPills.com Service, where personally identifiable information is requested, we also use technology designed to encrypt the information that you input before it is sent to us using Secure Sockets Layer (SSL) technology or similar encryption technology. In addition, we take steps to protect the User data we collect against unauthorized access. However, you should keep in mind that the HardPills.com Service and our services are run on software, hardware, and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control. In addition, persons with access to your computer, phone, or other mobile or other devices may be able to access the HardPills.com Service and information about you. It is your responsibility to affirmatively log out from your account when you are not actively using it. It is also your responsibility to secure and prevent unauthorized physical access to your computer, phone, and other devices, and to protect the confidentiality of your username and password.

You must exercise caution, good sense, and sound judgment in using the HardPills.com Service. You are prohibited from violating, or attempting to violate, the security of the HardPills.com Service. Any such violations may result in criminal and/or civil penalties against you. HardPills.com may investigate any alleged or suspected violations and if a criminal violation is suspected, HardPills.com may cooperate with law enforcement agencies in their investigations.

Use and Ownership of the Service

The HardPills.com Service and the information and Content available through the HardPills.com Service are protected by copyright laws throughout the world. Subject to this Agreement, HardPills.com grants you a limited, non-transferable, revocable license to access and use the HardPills.com Service for your personal use. Unless otherwise specified by HardPills.com in a separate license, your right to use any of the HardPills.com Service or the Content is subject to this Agreement, and all rights in the HardPills.com Service and Content are reserved by HardPills.com. You agree that HardPills.com and its suppliers own all rights, titles, and interest in the HardPills.com Service (including but not limited to, any computer code, themes, objects, concepts, photographs, product descriptions, blog posts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation). You will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the HardPills.com Service. HardPills.com’s stylized name and other related graphics, logos, service marks, and trade names used on or in connection with the HardPills.com Service are the trademarks of HardPills.com and may not be used without permission, including in connection with any third-party products or services. Other trademarks, service marks, and trade names that may appear on or in the HardPills.com Service are the property of their respective owners.

License to Information Submitted via the HardPills.com Service

Subject to any limitations on Protected Information described below, any information you transmit to HardPills.com via the HardPills.com Service, whether by direct entry, submission, email, or otherwise, including data, questions, comments, forum communications, or suggestions (collectively, “Submissions”), will, to the extent permitted under applicable law, be treated as non-confidential and non-proprietary. Subject to any applicable Account settings that you select, you grant HardPills.com a fully-paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive, and fully sublicense right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Submissions (in whole or in part) for the purposes of operating and providing the HardPills.com Service to you and to our other users. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Submissions has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not HardPills.com, are responsible for all of the Submissions that you provide to the HardPills.com Service. In addition to the foregoing, HardPills.com shall have the right, in its sole discretion, to edit, duplicate, or alter the Submission in any manner for any purpose that HardPills.com deems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the Submission. You further agree that you shall have no right of approval and no claim to compensation in connection with the Submission.

If a Submission you make contains Protected Information, HardPills.com’s rights under this section with respect to the use or disclosure of such Protected Information will be limited as and to the extent required under applicable law.

Prohibited Use

You are prohibited from using or attempting to use the HardPills.com Service (i) for any unlawful, unauthorized, fraudulent, or malicious purpose, (ii) in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii)in any manner that could interfere with any other party’s use and enjoyment of the HardPills.com Service, (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data, or information not intended by HardPills.com to be made accessible to a user, (vi) to obtain any materials, or information through any means not intentionally made available by HardPills.com, (vii) to reverse engineer, disassemble or decompile any section or technology on the HardPills.com Service, or (viii) for any use other than the business purpose for which it was intended.

In addition, in connection with your use of the HardPills.com Service, you agree you will not: (a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, or that may invade another’s right of privacy or publicity; (b) create a false identity or duplicative accounts for the purpose of misleading others or impersonate any person or entity, including, without limitation, any HardPills.com representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware or any other similar software or programs that may damage the operation of another’s computer or property of another; (e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (f) use the HardPills.com Service’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); (g) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of solicitation, commercial or otherwise; (h) violate any applicable local, state, national or international law; (i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; (j) delete or revise any material posted by any other person or entity; (k) manipulate or otherwise display the HardPills.com Service by using framing, mirroring or similar navigational technology; (l) probe, scan, test the vulnerability of or breach the authentication measures of, the Service or any related networks or systems; (m) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so; (n) harvest or otherwise collect information about others, including email addresses; (o) use any robot, spider, scraper, or other automated or manual means to access the HardPills.com Service, or copy, download, distribute or reproduce any content or information on the HardPills.com Service; or (p) assist or permit any person in engaging in any of these activities.

HardPills.com reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a User’s access and/or account. HardPills.com may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.

Except as may be provided in the Privacy Policy or prohibited by applicable law, HardPills.com reserves the right at all times to disclose any information as HardPills.com deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in HardPills.com’s sole discretion.

Right to Monitor

HardPills.com reserves the right to monitor general use of the HardPills.com Service at any time as it deems appropriate and to remove any materials that, in HardPills.com’s sole discretion, may be illegal, may subject HardPills.com to liability, may violate this Agreement, or are, in the sole discretion of HardPills.com inconsistent with HardPills.com’s purpose for the Service.

Terms of Sale

All products offered for sale by HardPills.com are subject to availability, and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged. Prices for products are subject to change at any time. You are responsible for any applicable sales, use, duty, customs, or other governmental taxes, levies, or fees (“Taxes”) due with respect to your purchase of products or services through our HardPills.com Service. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. We are not required to, and do not, collect Taxes in all states. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.

Only valid payment methods acceptable to us may be used to complete a purchase via the HardPills.com Service. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes and shipping and handling charges). If your designated payment method is declined, we will attempt to process your charge until the transaction is approved. We and our third-party payment service providers may request, and may receive, updated payment card information from your payment card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, you agree we may update your account information accordingly and will use such updated information to process payments for your future purchases and applicable subscription charges (including any applicable taxes, shipping, and handling charges). Your payment card issuer may give you the right to opt-out of providing vendors and third-party payment service providers with your updated card information. If you wish to opt-out of your payment card’s updating service, you should contact your card issuer. We are not responsible for any fees or charges that your bank or payment card issuer may apply. If your bank or card issuer reverses a charge to your payment card, we may bill your account directly and seek payment by another method, including a mailed statement.

If any of the products in your order are unavailable, we will only charge the prices, Taxes, and other applicable charges associated with the products that are included in the shipment. In connection with any purchase you make through the HardPills.com Service, you may be asked to supply certain information relevant to the transaction, including, without limitation, your payment card number and expiration date, your billing address, your shipping address, your phone number, and/or your email address. By submitting such information, you grant HardPills.com without charge the irrevocable, unencumbered, universe-wide and perpetual right to provide such information (and any updated information we receive) to third parties (e.g., payment processing companies, buyers on the HardPills.com Service, sellers on the HardPills.com Service) for the purpose of facilitating the transaction.

All credit cards, debit cards, and other monetary transactions on or through the HardPills.com Service occur through an online payment processing application(s) accessible through the HardPills.com Service. This online payment processing application(s) is provided by HardPills.com’s third-party online payment processing vendor.

You agree to pay any shipping and handling charges, if any, shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise in writing via the HardPills.com Service, the risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier.

We reserve the right to remedy User issues and concerns on a case by case basis. We reserve the right, in our sole discretion, to resolve customer issues and concerns based on the facts and circumstances of each User.

Termination

HardPills.com may terminate your use of the HardPills.com Service or any of our features or services at any time and for any reason without notice, including, for example, for conduct violating this Agreement or if we discontinue the HardPills.com Service. The provisions of this Agreement concerning HardPills.com Service security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration and resolution of Disputes, indemnity, and jurisdictional issues shall survive any such termination or any other termination of this Agreement or your relationship with HardPills.com. You agree that if your use of the HardPills.com Service is terminated pursuant to this Agreement, you will not attempt to use the HardPills.com Service under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold all HardPills.com Parties harmless from any and all liability that any such HardPills.com Parties may incur with respect thereto.

Disclaimers

Content and other information contained on the HardPills.com Service is provided by HardPills.com as a convenience. Users relying on Content or other information from the HardPills.com Service do so at their own risk.

The hardpills.Com service is provided on an “as is” or “as available” basis. Any access to or use of the hardpills.Com service is voluntary and at the sole risk of the user. Hardpills.Com to the fullest extent permitted by law, disclaims all warranties and conditions of any kind, either express or implied, statutory or otherwise, including, without limitation, the implied warranties of merchantability, non-infringement of third parties’ rights, satisfactory quality and fitness for particular purpose with regard to the hardpills.Com service, and with respect to any information, content, product, service, merchandise or other material provided on or through the service or the platform. Hardpills.Com does not warrant or guarantee the accuracy, completeness, reliability, timeliness, or usefulness of the hardpills.Com service. Hardpills.Com does not warrant that the hardpills.Com service will function without delays, disruptions, interferences, imperfections, corruption, cyber-attack, viruses, malware, or any adverse incident.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall hardpills.Com be liable to you or any other person or entity for any incidental, indirect, special, exemplary, and consequential damages, personal or bodily injury, emotional distress, or wrongful death, loss of data, lost profits, or damages resulting from the use of or inability to use the hardpills.Com service, including any information and content made available through the hardpills.Com service or any hardpills.Com services performed or products offered by third-parties, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not hardpills.Com has been advised of the possibility of such damages.

Any claims arising in connection with your use of the hardpills.Com service or content must be brought within one (1) year of the date of the event giving rise to such action occurred. You understand and agree that your use of the hardpills.Com service or content is predicated upon your waiver of any right to participate in a class-action suit for any losses or damages resulting from your use of the platform, service, or content.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. To the extent that we may not disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under applicable law.

Indemnification

You agree to defend, indemnify, and hold HardPills.com offering products or services through the HardPills.com Service harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the HardPills.com Service, your fraud, violation of law, or willful misconduct, any breach by you of this Agreement or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim by a third party for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.

Notices

Any notices to you from HardPills.com regarding the HardPills.com Service or this Agreement may be made by email at the sole discretion of HardPills.com.

Electronic Communications

When you access or use the HardPills.com Service or send emails or SMS messages to us, you are communicating with us electronically. You consent to receive communications from us, electronically. We will communicate with you via email, SMS messaging, or through the HardPills.com Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in this Agreement.

Entire Agreement

This Agreement and any other agreements HardPills.com may post on the HardPills.com Service or that you and HardPills.com may execute from to time constitute the entire agreement between HardPills.com and you in connection with your use of the HardPills.com Service and supersede any prior agreements between HardPills.com and you regarding use of the HardPills.com Service, including prior versions of this Agreement.

Binding Arbitration / Class Waiver

You and we expressly agree that any legal claim, dispute, or other controversy between you and hardpills.Com arising out of or otherwise relating in any way to hardpills.Com, the platform, the content or the service, or any other goods, services, or advertising by hardpills.Com, including controversies relating to the applicability, enforceability or validity of any provision of this agreement (collectively “disputes”), shall be resolved in confidential binding arbitration conducted before one commercial arbitrator from the american arbitration association (“aaa”), rather than in a court, as described herein. The arbitration will be governed by the aaa’s commercial arbitration rules and, if the arbitrator deems them applicable, the supplementary procedures for consumer-related disputes (collectively “rules and procedures”). You acknowledge that you are voluntarily and knowingly forfeiting your right to a trial by jury and to otherwise proceed in a lawsuit in state or federal court, except as expressly provided herein.

All disputes subject to arbitration under this agreement must be arbitrated on an individual basis and not on a class, collective, or representative basis. No party may bring any claim subject to arbitration pursuant to this agreement as a private attorney general, in a representative capacity, or as a plaintiff or class member in any purported class proceeding. The claims of more than one customer or user cannot be joined or consolidated with those of any other customer or user. No arbitration shall be consolidated or joined with any other arbitration. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).

Contacting Us

If you have any questions or concerns about this Agreement, please contact us by email at contact@hardpills.com. We will attempt to respond to your questions or concerns promptly after we receive them.