PHYSICIAN’S CHOICE TERMS AND CONDITIONS

Effective: 8/18/2023

OVERVIEW

The website located at https://physicianschoice.com and all subpages (“website” or “site”) is operated by JB7, LLC, d/b/a Physician's Choice (“we,” “us,” and “our”).

By accessing or visiting our site and/or purchasing something from us, you (“customer,” “you,” or “your”) agree to be bound by the following terms and conditions (“Terms and Conditions,” “Agreement,” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein or available by hyperlink.

Please read these Terms and Conditions carefully before accessing or using our site.  The Terms and Conditions are a binding legal contract between you and us.  If you do not agree to all the Terms and Conditions of this Agreement, then you may not access the site or use any services, or purchase any product on or through the site.

Any new features or tools which are added to the current store shall also be subject to these Terms of Service.  These Terms may change, pursuant to the “Modifications” section below.  It is your responsibility to check this page periodically for changes.  Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

YOUR USE OF THIS SITE AND PURCHASE OF OUR PRODUCTS ARE SUBJECT TO A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER SET FORTH IN THIS AGREEMENT TITLED “Dispute Resolution by Binding Arbitration and Class Action Waiver,” WHICH REQUIRES YOU TO ARBITRATE DISPUTES WITH US ON AN INDIVIDUAL BASIS, UNLESS YOU OPT-OUT.

 

TABLE OF CONTENTS

SECTION 1 - ONLINE STORE TERMS

SECTION 2 - MODIFICATIONS TO THE SERVICE AND PRICES

SECTION 3 - OWNERSHIP OF INTELLECTUAL PROPERTY

SECTION 4 – ACCOUNTS

SECTION 5 – PRODUCTS; PURCHASES

SECTION 6 – REFUNDS AND RETURNS

SECTION 7 – PHYSICIAN’S CHOICE SUBSCRIPTION

SECTION 8 - OPTIONAL TOOLS

SECTION 9 - THIRD-PARTY LINKS

SECTION 10 - USER REVIEWS, COMMENTS, FEEDBACK, & OTHER SUBMISSIONS

SECTION 11 - PERSONAL INFORMATION

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

SECTION 13 - PROHIBITED USES

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

SECTION 15 - TERMINATION

SECTION 16 - DISPUTE RESOLUTION BY BINDING ARBITRATION AND CLASS ACTION WAIVER

SECTION 17 - CHANGES TO TERMS AND CONDITIONS

SECTION 18 - NOTICE TO CALIFORNIA RESIDENTS

SECTION 19 - MISCELLANEOUS

SECTION 20 – CONTACT US

 

SECTION 1 - ONLINE STORE TERMS

You represent that you are at least the age of majority in your state or province of residence, and you agree that you shall not:  (a) use any products available on or through the site for any (i) illegal or unauthorized purpose, or (ii) in any manner that is harmful, deceptive, threatening, abusive, harassing, tortious, obscene, libelous, or otherwise objectionable in our sole discretion; (b) violate any laws in your jurisdiction (including but not limited to copyright laws); (c) use the site in connection with any products or services not supplied or provided by us or otherwise approved by us in writing; (d) remove any proprietary notices, labels, or marks on the site; (e) attempt to derive any source code or underlying ideas or algorithms of any part of the site; or (f) transmit any worms or viruses or any code of a destructive nature.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the site through which the Service is provided, without express written permission by us.

SECTION 2 - MODIFICATIONS TO THE SERVICE AND PRICES

We reserve the right at any time to modify or discontinue the website, the Service (or any part or content thereof), and our products (including prices) without notice at any time.  We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service or any products.

SECTION 3 - OWNERSHIP OF INTELLECTUAL PROPERTY

Physician’s Choice or its licensors exclusively own all right, title, and interest in and to this site and all contents and materials contained therein, including without limitation all ideas, inventions, inferences, discoveries, software code, developments, derivative works, upgrades, patches, formats, and processes, and all images, trademarks, service marks, logos, and icons displayed therein or related thereto (collectively, “Physician’s Choice Intellectual Property”).  Except as expressly provided in these Terms, you shall have no right, license, or authorization to any of the Physician’s Choice Intellectual Property.  Physician’s Choice is not transferring or granting to you any right, title, interest, license, or other permission in or to any of the Physician’s Choice Intellectual Property.  ANY UNAUTHORIZED USE OF THE PHYSICIAN’S CHOICE INTELLECTUAL PROPERTY, WHETHER OWNED BY US OR OTHER PARTIES, MAY VIOLATE COPYRIGHT LAWS, TRADEMARK LAWS, PRIVACY AND PUBLICITY LAWS, AND COMMUNICATIONS REGULATIONS AND STATUTES, AND IS EXPRESSLY PROHIBITED.  Trademarks owned by third parties are the property of those respective third‑parties.

SECTION 4 – ACCOUNTS

 

To use certain features of the site, you might be required to register for an account (“Account”) and provide certain information about yourself.  You represent and warrant that:  (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information, and will update such information in the event of changes; and (c) your use of the site does not violate any applicable law, regulation, or these Terms.

 

You are responsible for maintaining the confidentiality of your Account login information.  You are responsible for all activities that are associated with your Account (including, but not limited to, any purchases, use of the site, or communications from your Account, and purchases made from your Account).  You agree to immediately notify us of any unauthorized use or suspected unauthorized use of your Account or any other breach of security.

 

SECTION 5 – PRODUCTS; PURCHASES

Certain products or services may be available for purchase through the site.  We have made every effort to display as accurately as possible the colors and images of our products that appear on the store/site, but we cannot guarantee that such images are accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction.  We reserve the right to limit the quantities of any products or services that we offer.  All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.  We reserve the right to discontinue any product at any time.  Any offer for any product or Service made on this site is void where prohibited.

When you order products through the site, you may be asked to provide certain information, including your name, email, phone number, payment card information, billing address, and shipping address.  By purchasing a product, you represent and warrant that:  (i) you have the legal right to use any payment card(s) or other payment method(s) used in connection with any purchase; and (ii) the information you supply to us is true, correct, and complete.  By submitting this information, you grant us the right to use and provide the information to third-party service providers, including payment processors, to facilitate your purchase.  You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store.  You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

We reserve the right to refuse any order you place with us.  We may, in our sole discretion, limit or cancel quantities purchased.  If we change or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.  We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

 

When you make a purchase, you are solely responsible for providing us with accurate shipping information and a valid phone number or email address.  If any product is returned to us as a result of your failure to provide us with accurate shipping information, we are under no obligation to re‑send the product to you, and you shall be responsible for any additional shipping fees or other charges that may be applied to the return of the product to us or in re-sending the product to you.

 

SECTION 6 – REFUNDS AND RETURNS

 

All returns and refunds are subject to our Returns Policy  which is incorporated herein by reference

SECTION 7 – PHYSICIAN’S CHOICE SUBSCRIPTION

 

Certain Physician’s Choice products may be offered on a subscription basis.  If you purchase a Physician’s Choice subscription, you will continue to be automatically billed on a recurring basis, and your selected products will automatically ship at the price and frequencies you choose at the time you check out unless, and until you modify or cancel your subscription through your Account.  Your account will be charged the initial subscription fee, and all recurring fees, using the payment method provided or selected by you at the time of purchase or otherwise provided in your Account.  You can cancel or modify your subscription through your Account.  You must cancel or modify your subscription at least 2 days in advance of your next shipping date for your cancellation or modification to become effective.

 

We may, in our sole discretion, terminate or pause your subscription at any time without notice.  We may also, in our sole discretion, cancel any subscription program at any time without notice to you.

SECTION 8 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.  You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement.  We shall have no liability whatsoever arising from or relating to your use of optional third‑party tools.  Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources).  Such new features and/or services shall also be subject to these Terms and Conditions.

SECTION 9 - THIRD-PARTY LINKS

Our website might include links to third-party content, websites, products, and services.  We are not responsible for, and we undertake no liability, for any third-party materials or websites, or your purchase or use of goods, services, resources, content, or any other transactions made through any third‑party links.  Please review carefully the third party’s policies and practices before you engage in any transaction with them.

SECTION 10 - USER REVIEWS, COMMENTS, FEEDBACK, & OTHER SUBMISSIONS

We welcome your reviews, comments, and other communications, photos, videos, and any other content that you submit to us, or through the site, and any content you publish through any social media platform, including your name, reviews, social media handle, accompanying text, and any images, videos, or audio from your social media accounts (e.g. Twitter™, Instagram™, Pinterest™), and creative ideas, suggestions, proposals, plans, product reviews, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”).  When you submit Comments to us, whether through the site, by email, mail, or phone, on social media, or on third‑party websites, you grant to us a nonexclusive license for use of such Comments.  You agree that we may edit, copy, publish, distribute, translate, and otherwise use (in whole or in part, including paraphrased or edited for length) in any medium now known or unknown any Comments that you forward to us.  We shall be under no obligation: (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; (3) to respond to any Comments; (4) to use any Comments; or (5) to notify you of the use of any such Comments.

 

You agree that your Comments will not violate any law or regulation, or the rights of any third party (including copyright, trademark, privacy, personality, or other personal or proprietary right).  You further agree that your Comments shall be truthful, honest, and reflect your own opinions, and will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any website.  You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments.  You are solely responsible for any Comments you make and their accuracy.  We take no responsibility and assume no liability for any Comments posted by you or any third party.  We reserve the right, but have no obligation to, monitor, edit, or remove Comments that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any law, regulation, the rights of us or any third party, or these Terms.

SECTION 11 - PERSONAL INFORMATION

Your submission of personal information through the store/site is governed by our Privacy Policy, which is incorporated herein by reference.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability.  We undertake no obligation to update, amend, or clarify information in the Service or on any related website, except as required by law.

SECTION 13 - PROHIBITED USES

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the site, its content, or any products available on or through the site:  (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any federal, state, or local regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.  We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.  WE DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.  WITHOUT LIMITING THE FOREGOING, PHYSICIAN’S CHOICE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BEYOND THOSE ON THE FACE OF THE WEBSITE AND THE PRODUCTS.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO CASE SHALL PHYSICIAN'S CHOICE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE, SERVICE, OR ANY PRODUCT AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY.  BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SECTION 15 - TERMINATION

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and/or accordingly may deny you access to our Services (or any part thereof).  All provisions of this Agreement which, by their nature, are intended to survive and continue, shall survive despite the termination of this Agreement.

SECTION 16 - DISPUTE RESOLUTION BY BINDING ARBITRATION AND CLASS ACTION WAIVER

 

You agree that any dispute, claim, or request for relief relating in any way to your access or use of the site, purchase of any products or services sold or distributed through the site (including any subscription arrangement), communications between you and Physician’s Choice (including telephone calls, emails, text messages, or other communications), any aspect of your relationship with Physician’s Choice, or these Terms and Conditions (including the enforceability of this arbitration provision) (“Claims”) will be resolved by binding arbitration pursuant to the Federal Arbitration Act, rather than in court, except that you may assert claims or seek relief in small claims court if your claims qualify.  You agree that the enforceability of this section will be governed by, construed, and enforced, both procedurally and substantively, by the Federal Arbitration Act, 9 U.S.C. sections 1-9 (FAA).

Before either you or we pursue or participate in any Claim against the other party, you or we must notify the other party of the Claim in writing at least 60 days in advance of initiating the arbitration or court proceeding in order to provide a reasonable opportunity to resolve the Claim.  You may send a written notice of your Claim to 6990 W 38th Ave, Suite 304, Wheat Ridge, CO, 80033 or email at info@physicianschoice.com.  We may send written or electronic notice of our Claim to your email address, Account, or any physical or other address we have for you.  The notice must describe the Claim in reasonable detail and set forth the relief requested so that the other party has an opportunity to adequately address the Claim.  You and we agree to negotiate in good faith with each other to try to informally resolve the Claim and, if you and the Companies do not reach an informal resolution of the Claim within 60 days, then the claim may be submitted to arbitration as set forth below.

Arbitration shall be submitted to the American Arbitration Association (AAA) pursuant to the then-current AAA Consumer Arbitration Rules and the AAA Consumer Due Process Protocol, which you can find here:  https://www.adr.org/consumer.  All disputes, claims, or requests for relief shall be arbitrated either by telephone, online, or based solely on written submissions, including affidavits, and will not involve any personal appearances by parties or witnesses unless you and we agree otherwise.  There is no judge or jury in arbitration, discovery is more limited than in court, there are no class or representative proceedings, and court review of an arbitration decision is limited.  An arbitrator must follow this Agreement and can award on an individual basis the same damages and relief as a court (including, but not limited to, injunctive and declaratory relief, statutory damages, and attorneys’ fees).  The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction.  A form for initiating arbitration proceedings is available on the AAA’s website (see “Demand for Arbitration, Consumer Arbitration Rules”, under Rules and Forms, Consumer Forms, at https://www.adr.org, but contact the AAA if you have issues locating the form).

You and Physician’s Choice will each bear their own costs and attorneys’ fees in the event of a dispute, unless otherwise required by AAA rules, provided, however, that the prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees to the extent permitted by applicable law or under applicable arbitration rules.  The entire dispute, including the scope and enforceability of this arbitration provision and arbitrability of any dispute, shall be determined by the arbitrator.  This arbitration provision shall survive the termination of this Agreement.  Nothing in this section is intended to limit the relief available to either you as an individual or Physician’s Choice in arbitration or small claims court, including equitable relief that an arbitrator may be required to make available by applicable law.  Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of Colorado:  (i) any dispute, controversy, or claim relating to or contesting the validity of our intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by us for temporary or preliminary injunctive relief, whether prohibitive or mandatory, or other provisional relief; (iii) any legal action by us against a non-consumer; and (iv) interactions with governmental and regulatory authorities.

YOU AGREE TO WAIVE YOUR RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION.  ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT MUST BE LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS OR THROUGH PARTICIPATION IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION.  CLAIMS OR DISPUTES OF MORE THAN ONE USER CANNOT BE LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.  If a decision is issued stating that applicable law precludes enforcement of any of these limitations on class proceedings as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the state or federal courts located in Colorado.

You shall have thirty (30) days from the earliest of the date that you visit the site, make a purchase, or submit information through the site to opt out of this arbitration provision and class action waiver, by contacting us by email at info@physicianschoice.com.  If you do not opt out by the earliest of the date that you visit the site, make a purchase, or submit information through the site, then you are not eligible to opt out.

SECTION 17 - CHANGES TO TERMS AND CONDITIONS

Any new features or tools which are added to the current store/site shall also be subject to the Terms and Conditions.  You can review the most current version of the Terms and Conditions at any time at this page.  We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms, and such changes will become effective upon notice to you via mail, email, or by updating this site.  Your continued use of this site shall constitute your acceptance of any modified terms.  It is your responsibility to check our site periodically for changes.

SECTION 18 - NOTICE TO CALIFORNIA RESIDENTS

With respect to any electronic commercial service offered on or through the site, California residents are entitled to the following specific consumer rights information.  The provider of the site is:  Physician’s Choice, 6990 West 38th Avenue #304, Wheat Ridge, CO 80033 USA.

 

To file a complaint regarding the site, or to receive further information, send a letter to the attention of “Legal Department” at the above address or contact Physician’s Choice via e-mail at info@physicianschoice.com (with “California Resident Request” as the Subject Line).  You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 916.445.1254 or 800.952.5210.

SECTION 19 - MISCELLANEOUS

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.  If any provision of these Terms is determined by an arbitrator or court of competent jurisdiction to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 – CONTACT US

If you have any questions about this policy, you may contact us at contact Physician’s Choice via e-mail at info@physicianschoice.com .