Terms of Use

Last Updated: April 8, 2015

These Terms of Use (“Terms”) apply to SAGA Sciences USA Inc., owner and operator of the website http://www.pharmafreak.com (hereafter,”Website”). By using the website located at http://www.pharmafreak.com and its subdirectories, you agree to, and accept these Terms in full. If you disagree with these Terms, please do not use our Website. SAGA Sciences reserves the right to modify these terms at any time, and thus, you should check for changes before proceeding to utilize the services and content of the Website. By using the Website after changes have been made to this document, you agree to accept those changes, whether or not you have reviewed them.

The Website is owned and operated by SAGA Sciences USA Inc. This Website is for your personal, non-commercial use only. The Website is not intended to offer any medical advice or opinions, either implied or explicit, and should not be used as such or as a substitute for advice from a medical professional. While the Website offers information about PharmaFreak products, consumers should always read the label before taking the purchased product and should consult a doctor before starting any diet or exercise program.

The material contained within http://www.pharmafreak.com is intended for residents of the United States of America only and shall only be construed and evaluated according to United States law. This material is void outside the United States of America, and where prohibited by law or regulation. Do not proceed to view this Site if you are not a legal resident of the United States of America.

The failure of SAGA Sciences USA Inc. to enforce these Terms at any time for any reason, shall not be construed as a waiver of any right to do so at any time.

 

Rights to information published

All materials on the Website are protected by copyright and intellectual property laws and are the property of SAGA Sciences USA Inc. Unless stated otherwise, you may access and download the materials located on http://www.pharmafreak.com only for personal, non-commercial use. You may not reproduce this material on your personal website, blog, social network, or any other online resource.

Any and all content (including user and visitor generated content) submitted either via email, comment forms, or any other page hosted at http://www.pharmafreak.com or its content aggregation systems becomes the property of the Website, except where solicited invited submissions are governed by additional terms appearing elsewhere on the Website, in which case those additional terms will determine how we treated your invited submission. The Website reserves the right to alter, remove, re-post, re-purpose, market, or trade any such content.

 

Our Rights to Remove or Reproduce any User-Generated Material

For the purposes of this condition, the term “user-generated material” shall refer to any information, content, or any other media uploaded, posted, emailed, submitted, or otherwise communicated to the Website via any method at any page on http://www.pharmafreak.com or any other content communication or submission medium or forum (“User Content”).

By sharing any User Content (including any text, photographs, graphics, video, audio or any other type of media or content) with the Website you agree to grant us, free of charge, permission to use the material in any way we deem fit (including the modification, reproduction, repurposing, or deletion of it). You hereby confirm that your contribution is your own original work, is not defamatory and does not infringe upon any laws of the country from which you are utilizing the Website, nor the laws of The United States of America, and that you have the full rights to accept this condition.

Subject to the provisions of any additional terms, by posting or uploading any User Content to the Website, you automatically and irrevocably: (a) grant and assign SAGA Sciences USA Inc. a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the User Content including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by SAGA Sciences USA Inc. and/or by any person authorized by SAGA Sciences USA Inc., by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible into perpetuity; (b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) appoint SAGA Sciences USA Inc. as your agent with full power to enter into any document and/or do any act SAGA Sciences USA Inc. may consider appropriate to confirm the grant and assignment; (d) warrant that you are the owner of the User Content and entitled to enter into these Terms of Use; (e) confirm that no such User Content will be subject to any obligation to you or any other person and that SAGA Sciences USA Inc. shall not be liable for any use or disclosure of such User Content.

 

Site content (quality, accuracy and use)

Visitors who use the Website and rely on any information do so at their own risk. This Website and the attached documents are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose and non-infringement. Information found at http://www.pharmafreak.com will not always be up to date and cannot necessarily be relied upon. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.

The information is intended solely for entertainment purposes and may not be used as a substitute for professional advice and/or information, as circumstances will vary from person to person. You should not act or rely upon this information without seeking professional advice. Do not attempt any of the suggested actions, solutions, remedies, or instructions found on the Website without first consulting with a qualified professional. They are not intended to be nor do they constitute actionable professional advice. Transmission of this information is not intended to create a professional-client relationship between the Website and you.

By using the Website, you hereby forfeit any and all claims, past, present, and future, against the owners, editors, contributors, administrators, and other staff of the Website.

 

Restrictions on who can use the website

If you are under 18, please get a parent’s or guardian’s permission before taking part in any http://www.pharmafreak.com community. Never reveal any personal information about yourself or anyone else (for example, school, telephone number, your full name, home address or email address).

You must be at least 18 years of age or have a parent/guardian present while viewing any page or other correspondence or content from the Website, (which includes all content and code from any page hosted at or within http://www.pharmafreak.com, or any content or code relating to or from the Website that was transmitted via email or other means). The Website cannot be held responsible for any harm that is experienced, real or perceived, from viewing, following, or contributing, of any sort of content on this site.

 

External links – limiting liability for links to other web sites

We are not responsible for the contents or reliability of any other websites to which we provide a link, and we do not, expressly or otherwise, endorse the views and/or content expressed within those sites.

 

The Actions and Opinions of Other Users

You must not use the Website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. In particular, you agree not to (a) restrict or inhibit any other user from using the Website; (b) take any action intended to threaten, intimidate or harass any other use of the Website, or which is abusive, illegal, hateful, sexually or racially or ethnically discriminatory, otherwise objectionable or harmful; (c) use the Website to send unsolicited advertising, promotional material, or other forms of solicitation to other users, except in those specified ways that are designed for such a purpose; (d) submit, publish, distribute, or transmit through the Website or its email links materials that do not meet the requirements of these Terms; (e) transmit “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging or “spamming”; (f) further or promote any criminal activity or enterprise or provides instructional information about illegal activities; (g) solicit passwords or personal identifying information for commercial or unlawful purposes from other users; (h) involve commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (i) promote an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; or (j) impersonate any person or entity or forge anyone’s digital or manual signature or attempt to gain unauthorized access to SAGA Sciences’ or any other person’s computers, software, or data.

Some content found on the pages of the Website within http://www.pharmafreak.com and its subdirectories is created by members of the public. The views expressed are theirs and unless specifically stated are not those of the Website. We accept no responsibility for any loss or harm incurred from the use of the Website or any of its information or content.

 

Viruses, Damage and Availability

The Website makes no warranty or claim that functions available on the Website will be uninterrupted or error free, that defects will be corrected, or that the server that makes it available, nor the content itself is and/or will be free of viruses, bugs, or other malicious code. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output, and for the security of yourself and the device used by you to view any content from the Website.

 

Privacy

For information on our privacy practices, please see our Privacy Policy which is hereby incorporated into these Terms.

 

Legal jurisdiction

By using the Website, you agree to comply with all applicable laws and regulations of the United States.

SAGA Sciences USA Inc. controls the Website (excluding third party linked sites) from its corporate offices within Vancouver, Canada. SAGA Sciences USA Inc. makes no representation that the Website content is appropriate or available for use in other locations, and accessing the Website from jurisdictions where such access or the Content is illegal is prohibited. Users are solely responsible for compliance with all the laws of their jurisdictions. The laws of Province of British Columbia, Canada, specifically excluding choice or conflict of laws principles, will apply to all disputes relating to or arising from you use of this Site (a “Dispute”). You also agree to submit to the exclusion personal jurisdiction and venue of Province of British Columbia, Canada for resolution of any and all Disputes related to the Website or its content.

You also acknowledge and understand that, with respect to any Dispute: YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY DISPUTE.

In any event we incur attorneys’ fees or expenses in connection with the collection of sums owed to us by you under these Terms, we shall be entitled to recover of those fees and expenses from you.

 

Limited Liability

The Website, (and its parent, SAGA Sciences USA Inc.) and its officers, employees, contractors or content providers shall not be liable for any loss or damage arising from or otherwise in connection with your use of any content, information, function, or service of the Website at any location within http://www.pharmafreak.com or other related location (such as content feeds, links, emails, letters, documents, and other company products or correspondence).

You agree to indemnify, defend, and hold harmless SAGA Sciences USA Inc. and its officers, employees, directors, agents and sponsors from and against any and all claims, damages, costs, or other expenses (including reasonable attorneys’ fees) that arise directly or indirect out of or from: (a) your breach of these Terms of Use or of any representation or warranty made by you in these Terms; (b) any submissions you make to the Website; and/or (c) your activities in connection with the Website.

Though we make a reasonable effort to maintain the resources of the Website, they will, from time to time, become out of date, be incorrect, erroneous, or otherwise inappropriate. As noted above, by using this Website you agree that you will not follow any instruction, suggestion, step, list, tutorial, or other content on the Website or any of its content posted elsewhere until you have appropriately consulted with a licensed professional who is unrelated to the Website or its parent company in any way.

 

Copyrights and Trademarks

The Website and its content are the property of SAGA Sciences USA Inc., and its licensors and are protected by United States and International Copyright laws. All copyright, trademark, and other proprietary rights in the Website and in the services, products, software, text, graphics, design elements, audio, music, and all other materials originated or used by SAGA Sciences USA Inc. at the Website or elsewhere are reserved to SAGA Sciences USA Inc. and its licensors.

The trademarks, service marks and logos (“Trademarks”) used and displayed on the Site are either registered or common law Trademarks of SAGA Sciences USA Inc. or its affiliate(s) or used under license. In addition, the Website may contain trademarks, logos, and links to the web sites of third parties. Any domain names, URLs, trademarks or logos appearing on the Website or in any SAGA Sciences USA Inc. site are the sole property of their respective owners.

If you believe any Website content infringes you copyright, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the photograph and /or video content that you claim is infringing and where it is located on the Site; (d) your address, telephone number, and email address; (e) a written 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; (f) 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. Our Copyright Agent for notice of claims of copyright infringement can be reached as follows: [Paul Tackaberry, RIDOUT & MAYBEE LLP, 250 University Avenue, 5th Floor, Toronto, Ontario, M5H 3E5, Tel: 416.868.1482, E-mail: PTackaberry@ridoutmaybee.com].

 

Contact Us

For Further information please visit our Contact Us page.