Acceptance of Terms of Use

By browsing, using or visiting this site, you accept, without limitation or qualification, the Terms of Use. If you do not agree to the Terms of Use, please do not purchase our products or visit our site. These Terms of Use constitute the entire agreement between Phoenix Health and Wellness and you, superseding all prior agreements, representations, warranties and understandings with respect to the website, content, products and services provided.

Phoenix Health and Wellness reserves the right to change, modify, add or remove any or all of the terms laid out in the Terms of Use at any time. You are bound by these revisions and should visit the site regularly to determine the current Terms of Use (as stated in the Terms of Use hyperlink on the site). Your use of the site after changes made to these Terms of Use signifies your agreement and assent to be bound by the Terms of Use as they exist at that time. 

GUARANTEE AND WARRANTY

In addition to any other disclaimer of warranties and limitation of liability set forth herein, Phoenix Health and Wellness is sold 'as is' and without any warranty or guarantee of any kind, whether express or implied. The Somadin product is being sold to you with no warranty as to merchantability or fitness for any particular purpose. Phoenix Health and Wellness does not warrant or guarantee anything with respect to the Somadin product. There is no warranty period. 

In the event that the Somadin product is deemed to be allegedly defective in the sole opinion and discretion of Phoenix Health and Wellness, then the sole and exclusive remedy available to you is to accept a replacement of the product or accept a credit toward the purchase of another product, if any, that may be offered at Phoenix Health and Wellness's sole discretion. The period of time within which you must email and detail in what way the Somadin product is defective and request that a replacement product be shipped or request a refund is 30 days from the date of the initial order that resulted in the receipt of the allegedly defective product. If the sales or promotional material conflict with this 'as is' warranty, then the sales and promotional material are herewith incorporated and shall be controlling. However, in no case, shall the waranty period be construed to be longer than the refund period. 

SPECIFIC DISCLAIMERS AS TO 'RESULTS CLAIMS IN SALES AND PROMOTIONAL MATERIALS OR PRODUCT

If claims about the results from using Somadin were made and considered by you, you understand and acknowledge that such claims may be true for the persons who made the claims, including claims made by Phoenix Health and Wellness about the principal's own experiences with the product. If you are purchasing and/or using Somadin as a product that was promoted for a particular purpose and if the promotional materials make claims about the results from the use of this product, you hereby warrant and agree that there exists some probability that the product will not deliver those same results to any particular person. 

The sole buden is exclusively upon you to substantiate any deliberate deception allegedly committed by Phoenix Health and Wellness that, in specified ways, caused you to purchase Somadin on one or more occasions. you accept the obligtion to reimburse Somadin for all court costs, investigation costs, attorney fees and all litigation-related costs in the event you bring suit against Phoenix Health and Wellness and you do not prevail in court or at arbitration. 

NO WARRANTIES are made whatsoever about the Somadin product and you warrant that you have a clear understanding that your sole and only course of action is to test the product within the extent of any refund period. You warrant that you have a clear understanding and agreement that in any event, for any reason, no matter the amount of damages claimed, as a material part of the consideration for purchase of this Somadin product, the maximum amount of liability shall be the purchase price of the Somadin product. 

You furthermore agree that Phoenix Health and Wellness has the absolute and sole right to continue and/or discontinue the sale of any product at any time, for any reason, with or without notice, subject only to the return policy set forth herein. 

You understand that Phoenix Health and Wellness may discontinue providing customer service to current or prospective purchasers of our products at any time, with or without notice, subject only to the return policy set forth herein. 

Intellectual Property

The Site and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, trademarks and the collection, arrangement, and assembly of all content (collectively, "the Intellectual Property") are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of Phoenix Health and Wellness.

Copyrights

The copyright in all materials provided on the Site is owned by Phoenix Health and Wellness or its affiliate(s). Subject to the following exception, none of the material contained in the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written consent of Phoenix Health and Wellness. Any unauthorized use of any material contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Trademarks

The trademarks, service marks and logos ("Trademarks") used and displayed on the Site are either registered or unregistered Trademarks of Phoenix Health and Wellness or its affiliate(s) or used under license. Nothing on the Site shall be construed as granting, by implication, estoppel, or otherwise any license or right to use any Trademark displayed on the Site without the prior written consent of the Trademark owner. The name Phoenix Health and Wellness, Somadin or any of the Trademarks may not be used in any way including in any advertising or publicity pertaining to distribution of materials on the Site without the prior written consent of Phoenix Health and Wellness. Phoenix Health and Wellness prohibits use of its name or any productlogo and Trademarks as a "hot" link to any non-Phoenix Health and Wellness Site, unless establishment of such link is approved in advance by Phoenix Health and Wellness in writing.

Your use of the Site does not provide you with ownership rights to any Intellectual Property viewed through the Site nor does it waive any of Phoenix Health and Wellness's rights in such information and materials. Phoenix Health and Wellness will aggressively enforce its intellectual property rights to the fullest extent of the law.

Disclaimer of Warranty

THE MATERIALS AND PRODUCTS CONTAINED AND SOLD THROUGH THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER VIOLATIONS OF RIGHTS. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY Phoenix Health and Wellness or SOMADIN SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; ANY FAILURES, DELAYS, MALFUNCTIONS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE SITE; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE SITES; OR ANY CONDUCT BY USERS OF THE SITE, EITHER ONLINE OR OFFLINE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS OR MATERIALS ON ANY Phoenix Health and Wellness or Somadin SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PHOENIX HEALTH AND WELLNESS, ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, ATTORNEYS OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, USE OF THE PRODUCTS OFFERED BY PHOENIX HEALTH AND WELLNESS, LOSS OF USE, DATA, OR PROFIT, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE PRODUCTS OFFERED BY GAMEHARDER OR THE MATERIALS ON THE SITE, EVEN IF PHOENIX HEALTH AND WELLNESS OR ANY Phoenix Health and Wellness REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnity

You agree to defend, indemnify, and hold harmless Phoenix Health and Wellness, its officers, directors, employees, and agents, from and against any claims, actions, or demands, including, but not limited to, reasonable legal and accounting fees, alleging or resulting from your use of the Site or your breach of these Terms of Use. Phoenix Health and Wellness shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.

All contents of the Site are copyrighted Phoenix Health and Wellness © 2009.