i. Use of API. Customer acknowledges that this site utilizes an application provider interface (“API”) furnished by Standard Process Inc. (“SP”) to populate the site with certain information regarding SP nutritional supplements and related products (“SP Products”) that may be displayed and made available for purchase through the site from time to time. The API also may be used to send to SP information regarding customer use of and placement of orders through the site to facilitate SP’s fulfillment of those orders and to support the ongoing operation, maintenance and improvement of the API as well as other business purposes permitted by law.
ii. Ownership; Restrictions. SP retains all right, title, interest and ownership in and to the API as well as all SP trademarks, service marks, trade names, branding, logos, content, information and other materials made available by SP through this site (collectively, “SP Materials”). Customer may only use SP Materials while visiting this site to purchase SP Products and for no other purposes whatsoever. Without limiting the foregoing, Customer may not (a) copy, modify, change, alter, enhance, or create derivative works of the SP Materials; (b) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of any SP Materials; (c) remove any proprietary notices from SP Materials; or (d) use the SP Materials in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates applicable law.
iii. Use of SP Products. SP Products are made available for purchase subject to restrictions generally set forth in the SP Terms of Sale, a copy of which can be found at the following link https://my.standardprocess.com/Policy/Terms-of-Sale/Online-Store, Customer acknowledges and agrees that (a) Customer is prohibited from reselling or promoting SP Products to third parties, (b) Customer is encouraged to consult with a qualified healthcare practitioner in selecting, ordering and using SP Products, (c) SP Products are not intended to diagnose, treat, cure or prevent disease, and that SP does not provide health care advice or recommendations regarding individual health status, (d) Customer must read all information on SP Products that it is using, and (e) SP Products are for personal use only.
iv. Privacy. Information obtained by SP relating to Customer, Customer’s use of the site or order of SP Products will be maintained in accordance with the SP Privacy Policy, a copy of which is available at the following link https://www.standardprocess.com/about-us/our-company/policies/privacy-policy .
v. Disclaimer of Warranties. SP MATERIALS ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY, AND SP DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE INCLUDING, WITHOUT LIMIT, ALL IMPLIED WARRANTIES OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
vi. Limit Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SP BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT OR THE SP MATERIALS WHETHER OR NOT SUCH LOSSES OR DAMAGES ARE FORESEEABLE OR SP WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
ii. Ownership; Restrictions. SP retains all right, title, interest and ownership in and to the API as well as all SP trademarks, service marks, trade names, branding, logos, content, information and other materials made available by SP through this site (collectively, “SP Materials”). Customer may only use SP Materials while visiting this site to purchase SP Products and for no other purposes whatsoever. Without limiting the foregoing, Customer may not (a) copy, modify, change, alter, enhance, or create derivative works of the SP Materials; (b) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of any SP Materials; (c) remove any proprietary notices from SP Materials; or (d) use the SP Materials in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates applicable law.
iii. Use of SP Products. SP Products are made available for purchase subject to restrictions generally set forth in the SP Terms of Sale, a copy of which can be found at the following link https://my.standardprocess.com/Policy/Terms-of-Sale/Online-Store, Customer acknowledges and agrees that (a) Customer is prohibited from reselling or promoting SP Products to third parties, (b) Customer is encouraged to consult with a qualified healthcare practitioner in selecting, ordering and using SP Products, (c) SP Products are not intended to diagnose, treat, cure or prevent disease, and that SP does not provide health care advice or recommendations regarding individual health status, (d) Customer must read all information on SP Products that it is using, and (e) SP Products are for personal use only.
iv. Privacy. Information obtained by SP relating to Customer, Customer’s use of the site or order of SP Products will be maintained in accordance with the SP Privacy Policy, a copy of which is available at the following link https://www.standardprocess.com/about-us/our-company/policies/privacy-policy .
v. Disclaimer of Warranties. SP MATERIALS ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY, AND SP DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE INCLUDING, WITHOUT LIMIT, ALL IMPLIED WARRANTIES OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
vi. Limit Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SP BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT OR THE SP MATERIALS WHETHER OR NOT SUCH LOSSES OR DAMAGES ARE FORESEEABLE OR SP WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
