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Conditions of use

pH Terms and Conditions

INTRODUCTION
Welcome to http://www.pHlabs.org, Proactive Health Labs Inc. and/or its affiliates (“Proactive Health Labs”; “pH Labs”). Proactive Health Labs is a health assessment center that focuses on getting you to your optimal health. Our services include easy-to-understand health education, clinical lab testing, body analysis and products chosen to help you achieve and maintain your health goals. By using this service, you agree to be bound by the following terms & conditions. Proactive Health Labs reserves the right to make changes to the terms & conditions at any time. Changes will be effective immediately upon posting of the modified terms & conditions. Permission to use this site is at the discretion of Proactive Health Labs and may be terminated at any time for any reason.

By using Proactive Health Labs you agree to the following conditions. Please read them carefully.

You agree that you are over the age of 18.
You agree that the information you submit during the course of purchasing any services from Proactive Health Labs is truthful and accurate.
You agree not to copy any images, text, or structure from this website. You also agree not to use the website for illegal purposes.
You agree to use the site according to the instructions and intended use, and not to disclose your password to any other users.
You agree to abide by the purchase and refund policies of Proactive Health Labs . In the case of lab testing refunds are only permitted prior to submission of urine or blood specimens to a Patient Service Center for testing. Refund amounts will be 75% of the original purchase price. No refund for open products, or after 15 days for unopened products.
You agree that a lab test purchased through Proactive Health Labs does not constitute medical advice. You also agree that the lab test results can be inaccurate through no fault of Proactive Health Labs. You understand the service provided by Proactive Health Labs is a service provided at your request and not suggested by our staff physician.
The materials on the site are provided "as is" without any express or implied warranty of any kind including, warranties of merchantability, no infringement of intellectual property or fitness for a particular purpose. Proactive Health Labs offers no assurance of uninterrupted or error free service. Proactive Health Labs does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained on the site. Any of the information offered on the site may change at any time without notice.
Information on this website is for informational purposes only. Proactive Health Labs makes no express or implied warranties, representations or endorsements whatsoever with regard to the services provided. Proactive Health Labs shall not be liable for any cost or damage arising either directly or indirectly from any transactions conducted, or information conveyed on the website. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, merchandise and other information provided through our service.
Indemnification. You agree to indemnify, defend and hold harmless Proactive Health Labs, its officers, directors, employees, agents, licensors, suppliers and any third party information providers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.
You agree to pay a $15 administration fee to be charged (or deducted from any unused credit balances) for each request to change your order once your order has been processed.
Unused requisitions for orders will no longer be valid after one year from the original purchase date. No credit or additional services will be provided in exchange for unused requisitions after one year from the original purchase date.
Proactive Health Labs coupons are issued as a courtesy to our customers. Orders placed that do not meet the requirements or after expiration will be processed without the discount. Coupons are not redeemable for cash and cannot be applied when using in-house credits. Adjustments, credits and/or refunds for discount codes not entered at the time of ordering will not be issued.
Proactive Health Labs makes no medical claims, express or implied, warranties, endorsement or representation of any of our products or services, the treatments, prevention and cure, or migration of diseases. Proactive Health Labs shall not be liable for any cost or damage arising either directly or indirectly from any transactions conducted, or information conveyed on the website. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, products and merchandise, and any other information provided.
PRIVACY
Please review our Privacy Notice, which also governs your use of Proactive Health Labs, to understand our practices. http://www.phlabs.com/Privacy/Privacy

ELECTRONIC-COMMUNICATIONS
When you use any Proactive Health services, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through other Proactive Health Labs media. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement.

COPYRIGHT
All content included in or made available through any Proactive Health Labs, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Proactive Health Labs or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Proactive Health Labs is the exclusive property of Proactive Health Labs and protected by U.S. and international copyright laws.

TRADEMARKS
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through Proactive Health Labs, are trademarks or trade dress of Proactive Health Labs in the U.S. and other countries. Proactive Health Labs trademarks and trade dress may not be used in connection with any product or service that is not Proactive Health Labs, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Proactive Health Labs. All other trademarks not owned by Proactive Health Labs that appear in any Proactive Health Labs services or products are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Proactive Health Labs.

PATENTS
One or more patents owned by Proactive Health Labs apply to Proactive Health Labs and to the features and services accessible via Proactive Health Labs website. Portions of Proactive Health Labs operate under license of one or more patents.

LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Proactive Health Labs or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of Proactive Health Labs. This license does not include any resale or commercial use of any Proactive Health Labs contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Proactive Health Labs or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Proactive Health Labs or its suppliers, publishers, rights holders, or other content providers. No part of Proactive Health Labs services, nor any part of any Proactive Health Labs, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Proactive Health Labs. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Proactive Health Labs without express written consent. You may not use any Meta Tags or any other "hidden text" utilizing Proactive Health Labs name or trademarks without the express written consent of Proactive Health Labs. You may not misuse Proactive Health Labs. You may use Proactive Health Labs only as permitted by law. The licenses granted by Proactive Health Labs terminate if you do not comply with these Conditions of Use or Service Terms.

YOUR ACCOUNT
If you use any Proactive Health Labs services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Proactive Health Labs do sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Proactive Health Labs website only with involvement of a parent or guardian. Supplements listings on Proactive Health Labs are intended for adults. You must be at least 18 years of age to purchase supplements, or use any site functionality related to supplements. Proactive Health Labs reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Proactive Health Labs reserve the right (but not the obligation) to remove or edit such content, but do not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Proactive Health Labs a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Proactive Health Labs and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Proactive Health Labs for all claims resulting from content you supply. Proactive Health Labs has the right but not the obligation to monitor and edit or remove any activity or content. Proactive Health Labs takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS
Proactive Health Labs respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at 855.pH.Labs1 or email us at legal@phlabs.com

RETURNS, REFUNDS AND TITLE
Proactive Health Labs does not take title of returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Proactive Health Labs do not take title to the refunded item. For more information about our returns and refunds, please see our Returns Center.

PRODUCT DESCRIPTIONS
Proactive Health Labs attempts to be as accurate as possible, however, Proactive Health Labs does not warrant that product descriptions or other content of any Proactive Health Labs website is error-free. If a product is offered by Proactive Health Labs and it is not as described, please allow us the opportunity to remedy the situation by contacting us at 855.pH.Labs1.

PRICING
The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price or Suggested Price may represent "open-stock" prices, which means the aggregate of the Manufacturer’s estimated or suggested retail price for each of the items included in the set. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Proactive Health Labs is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

PROACTIVE HEALTH LABS SOFTWARE TERMS
In addition to the Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Proactive Health Labs (the "pHLabs Website/Software").

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
PROACTIVE HEALTH LABS AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH PHLABS.COM ARE PROVIDED BY PROACTIVE HEALTH LABS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PROACTIVE HEALTH LABS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PRODUCTS AND SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH PROACTIVE HEALTH LABS WEBSITE (PHLABS.COM), UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE DISCRETION. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PROACTIVE HEALTH LABS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROACTIVE HEALTH LABS DOES NOT WARRANT THAT INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH PROACTIVE HEALTH LABS WEBSITE (PHLABS.COM), PROACTIVE HEALTH LABS’ SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM PROACTIVE HEALTH LABS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PROACTIVE HEALTH LABS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PROACTIVE HEALTH LABS SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY PROACTIVE HEALTH LABS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

DISPUTES
Any dispute or claim relating in any way to your use of any Proactive Health Labs, or to any products or services sold or distributed by Proactive Health labs or through phlabs.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and Federal Arbitration Law apply to this Agreement.

APPLICABLE LAW
By using some or all of Proactive Health Labs products or services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Proactive Health Labs.

OUR ADDRESS
Proactive Health, 303 N Glenoaks Blvd Suite 750 Burbank, CA 91502 http://www.pHlabs.org

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint to legal@phlabs.org. We will respond quickly to the concerns of rights owners about any alleged infringement.

If you prefer to submit a report in writing, please provide us with the following information:
A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail 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 owner or authorized to act on the copyright owner's behalf.
Proactive Health Labs's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Copyright Agent: Proactive Health Labs Legal Department, 303 N Glenoaks Blvd., Suite 750, Burbank, CA 91502 (p): 855.745.2271
E-mail: legal@phlabs.org
Courier address: 303 N Glenoaks Blvd., Suite 750, Burbank, CA 91502
Please note that this procedure is exclusively for notifying Proactive Health Labs that your copyrighted material has been infringed.
ADDITIONAL PROACTIVE HEALTH LABS SOFTWARE TERMS
Use of Proactive Health Labs Software. You may use Proactive Health Labs Software solely for purposes of enabling yourself to use and enjoy Proactive Health Labs services as provided by Proactive Health Labs, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of Proactive Health Labs Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license Proactive Health Labs Software or otherwise assign any rights to Proactive Health Labs Software in whole or in part. You may not use Proactive Health Labs Software for any illegal purpose. We may cease providing any Proactive Health Labs Software and we may terminate your right to use any Proactive Health Labs Software at any time. Your rights to use Proactive Health Labs Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, The Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Proactive Health Labs Software that are specifically identified in related documentation may apply to that Proactive Health Labs Software (or software incorporated with Proactive Health Labs Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All Software used in any Proactive Health Labs services is the property of Proactive Health Labs or its Software Suppliers and protected by United States and international copyright laws.
Use of Third Party Services.. When you use Proactive Health Labs Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of the third parties.
No Reverse Engineering. You may not, and you shall not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, Proactive Health Labs Software, whether in whole or in part, or create any derivative works from or of Proactive Health Labs Software.
Updates.In order to keep Proactive Health Labs Software up-to-date, we may offer automatic or manual updates at any time without notice.
Export Regulations; Government End Users.You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to Proactive Health Labs Software. If you are a U.S. Government end user, we are licensing Proactive Health Labs Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to Proactive Health Labs Software are the same as the rights we grant to all others under these Conditions of Use.
OWNERSHIP
Proactive Health Labs (pH Labs) is not a medical corporation nor is it owned by physicians. We also are not licensed as a “healing arts practitioner” in the State of California (we may be licensed differently in other states in which we operate). pH does, however, work closely with recognized, leading medical experts and doctors from such disciplines as family health, aging, cardiology, endocrinology, nutrition, gastroenterology, weight management and exercise to help consumers achieve optimal health. Our ongoing work with these specialists is managed by the pH Medical Advisory Board, which closely monitors all pH programs, products and services to ensure they exceed all regulatory requirements as well as our own high standards. To learn more about the pH Medical Advisory Board, just follow this link.

MEDICAL TREATMENTS
pH’s mission is to give consumers the information and tools they need to proactively achieve optimal health. We do this by recommending non-toxic products that our members should use, by identifying imbalances and deficiencies in the body, and by educating consumers on how to address health issues before they potentially lead to medical disorders or disease. For consumers that already may have a medical disorder or disease, pH may help them identify the imbalance or deficiency that caused it so that the consumer can better discuss their health condition with their health care provider. As such, it is not our goal to provide medical treatments. However, if pH ever does so, it will have fully complied with Sections 2053.5 and 2053.6 of the California Business and Professions Code, which allows companies such as pH to provide alternative or complementary services to consumers.

In addition, note that:
pH retains the services of licensed physicians to provide services that fall within the purview of Sections 2053.5 and 2053.6 above.
If there are certain services that pH itself is not legally able to perform, pH refers such services to competent and licensed medical practitioners.
The advice pH offers is “complementary” to that provided by licensed physicians.
These complementary services performed by pH as an entity are entirely legal in the State of California.
If you ever have any concerns about the nature of any advice you receive at pH, please feel free to contact us. If you have a primary care practitioner, be sure to let them know that you received advice from us.