This version in effect since May 12, 2008
WELCOME TO Phyterra.com. PLEASE READ THESE CONDITIONS OF USE CAREFULLY AS THEY GOVERN YOUR USE OF THE Phyterra.com (referred to as "Phyterra" herein) WEBSITE. THEY EXEMPT Phyterra AND OTHER PERSONS FROM LIABILITY OR LIMIT THEIR LIABILITY, AND CONTAIN OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.
These Conditions of Use contain the following provisions
Legal Notice
This website is owned and maintained by Phyterra. Your access and use of this website is subject to the following terms and conditions and all applicable laws and regulations.
By accessing or using any part of this website or any information contained in it you agree to accept these terms and conditions as amended from time to time. In particular it is a condition of using this site that you do not rely on it for any advice or recommendation.
Phyterra reserves the right to change the terms and conditions under which this website is offered at any time. Any such change will be effective once reflected in the terms and conditions or any other material part of the site. You should check the site periodically to ensure that you are aware of and complying with the current version.
Site Security.
When you provide us with any personal information - name, address, e-mail or credit card number - it's done on a secure server. We use one of the most advanced security systems - Secure Socket Layers (SSL) - which encrypts all of the confidential information you provide before sending it to our own server. Only when it reaches our servers is your information decrypted.
Information on the website
This website is aimed at all parties who may have an interest in Phyterra, is provided for information purposes only and no warranties or representations are given as to the accuracy or completeness of any information contained in this website.
The information in this website does not constitute any form of advice or recommendation.
Any arrangements made between you and any third party named or referred to on the site are entirely at your sole risk and responsibility.
Whilst every effort is made to make this website available as widely as possible, Phyterra does not guarantee that use of this website will be compatible with all hardware and software which may be used by visitors to this website.
Permission to use the website
You may use the website only if you are a resident of Canada or the United States, have reached the age of majority where you live and you can form legally binding contracts under applicable law. You may not use the website if you live in a jurisdiction where access to or use of the website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the website is lawful, and you must comply with all applicable laws. Phyterra reserves the right to request proof of identification and age. Phyterra ships products only to addresses in the United States and Canada.
Changes to this agreement
To accommodate changes in our service, the technology, and legal developments, Phyterra may, in its sole discretion, change this Agreement from time to time as it relates to future use of the website, by posting a revised Agreement on the website. We may add, change, or remove portions of this Agreement when we feel it is appropriate to do so. Whenever we update this Agreement we will change the date on the Agreement to indicate when the changes were made. By using the website after this revised Agreement has been posted, you signify your acceptance and agreement to be bound by the revised Agreement. You may not change this Agreement in any manner.
Login Names and Passwords
Certain areas and features of the website are accessible only to users who have been issued a login name and password (collectively "Codes") by Phyterra. For the purposes of accessing the website, the Codes remain the property of Phyterra and may be cancelled or suspended at any time by Phyterra in its discretion without any notice or liability to you or any other person.
Phyterra is not under any obligation to verify the actual identity or authority of any person using Codes to access and use the website. Phyterra may act upon any communication that is given with
the use of Codes. Phyterra may in its discretion at any time require proof of the identity of any person seeking to access and use the website, and may deny access to and use of the website or parts of it or refuse to accept or act upon any communication if Phyterra is not satisfied with such proof.
If you have been issued Codes: (a) you are fully responsible and liable for the security of the Codes and any and all use and misuse of the Codes; (b) you will keep the Codes secure and confidential at all times and not disclose the Codes to any other person or permit any other person to use the Codes; (c) you will ensure that all uses of the Codes comply with this Agreement; (d) once you have logged-on to the website using the Codes, you will not leave the computer terminal used to access the website unless and until you have terminated the session and logged-off the website; and (e) you will immediately notify Phyterra by telephone 1-707-258-8333 or email to:
service@phyterra.com if you know or suspect that any Codes have been lost or stolen or become known to or used by any other person.
Information protection
The security of your personal information is a high priority for Phyterra. We maintain appropriate safeguards and current security standards to protect your personal information, whether recorded on paper or captured electronically, against unauthorized access, disclosure, or misuse.
Although we cannot take responsibility for any theft, misuse, unauthorized disclosure, loss, alteration or destruction of data by a third party, we take reasonable precautions to prevent such unfortunate occurrences.
Information verification
You can check your information to verify, update, or correct it, and to have any obsolete information removed. If you created an account on Phyterra, you can access and change your online personal information.
You can also ask to review any of the information that we have retained, how we have used it, and to whom we have disclosed it at any time by contacting us at privacymanager@Phyterra.com. Subject to certain exceptions prescribed by law, and provided we can authenticate your identity, you will be given reasonable access to your personal information, and will be entitled to challenge the accuracy and completeness of the information and to have it amended as appropriate.
You can also ask us to change your preferences regarding how we use or disclose your information, or let us know that you do not wish to receive any further communication from us.
Some requests may involve extensive costs to Phyterra. As a result Phyterra, may request the inquirer to absorb some or all costs of the inquiry prior to conducting a review.
Information removal
We keep your information only as long as we need it for the products and services you're using and for a reasonable time thereafter or to meet any legal requirements. We have retention standards that meet these requirements. We destroy your information when it is no longer needed, or we remove your personally identifiable information.
You can also request that we remove your information from our records. Subject to our requirements for continued retention of your information, for example, for billing, audit, or warranty purposes, we will make every reasonable effort to honor your request.
Fixing errors or misprints
We strive to prevent errors. How we fix them depends on the error. If we find that a product description is incorrect, for example, we'll correct it.
In general, you should know that prices and availability are subject to change without notice. Errors will be corrected where discovered. Phyterra reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Phyterra will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.
E-mail communications
Periodically we may use e-mail as a way to keep in touch with our existing customers and other individuals. If you receive e-mail communications from us, every commercial e-mail message we send contains an e-mail address at which you may opt-out of our e-mail list.
Third Party Materials available on this website
The website may contain materials which are submitted by third parties for inclusion on the Phyterra website ("Third Party Materials"). Please be advised that Phyterra has not independently tested or evaluated such Third Party Materials and provides them on this website merely as a service to its users. All third party materials on this website are provided without warranty of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Sites linked to this website
This website contains hyperlinks to sites operated by third parties for reference and information purposes only. Phyterra is not responsible for the content of, nor do we accept any liability arising in respect of, any other websites linked to this website. The presence of links to other third party operated websites shall not be deemed to be a recommendation by Phyterra of such websites nor of any advice or information posted on them.
You may not create a link to this website from another website or document without the prior written consent of Phyterra
Intellectual Property
The design of this website and its contents are the property of Phyterra and are protected by copyright and other intellectual property rights. Except as detailed below, no material may be copied, modified, reproduced, adapted, displayed, published, stored, translated, sold, reverse engineered, decompiled, disassembled or distributed in any way without the prior written consent of Phyterra.
Material from the Phyterra website may be printed or downloaded for your own information only, provided that you include all copyright and proprietary notices originally included. You may not attempt to "pass-off" any of the material as your own. You may not post on any other website, display, or distribute the material without the express prior written consent of Phyterra.
Limitation of Liability
Under no circumstances shall Phyterra be liable for any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the materials that make up the website, including Third Party Materials and software. Phyterra shall not be liable for any loss howsoever arising, or indirect, special, incidental or consequential damages, even if advised of the possibility of such damages.
Phyterra shall include all divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of material.
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