Terms of Use

Welcome to PhemxPhresh.com (the public, e-commerce website for PhemxPhresh LLC)and our Terms of Use (“Terms”). The Website is provided as a service to our customers and your use of this Website is governed by these terms and conditions (these “Terms of Use”). By accessing and/or using this Website, you acknowledge and agree to these Terms of Use as well as our Privacy Policy which is incorporated herein by reference for all purposes. By accessing and/or using this Website, you accept without restriction these Terms of Use as well as our Privacy Policy. If you do not agree to these Terms of Use or our Privacy Policy, you may not access or use the Website.

DISCLAMIER
All data, facts & references on our website are provided for informational purposes only and are not intended to diagnose, prescribe or replace the advice of any professionals. By purchasing products from PhemxPhresh, LLC, you accept responsibility to check with a professional before using any products that may interfere with drugs or medical conditions as well as conducting a patch test. PhemxPhresh accepts no responsibility for incorrect use of information or products. All representations relating to purpose of use are excluded to the full extent permitted by law and we accept no liability.

We reserve the right to correct any errors or inaccuracies on the Website, to change or update information or to cancel orders if any such information is inaccurate. We will not charge your credit card until your order enters the shipping process. If we cancel any orders after your credit card has been charged, we will issue a credit to your account in the amount charged.

Colors. We try to accurately display the colors of the products you see on the Website. However, we cannot guarantee that the colors you see on your monitor will be accurate.

Prohibited Customer Activity. Unless expressly permitted in these Terms of Use or with PhemxPhresh LLC, written consent, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transfer, sell or in any way exploit the Contents of this Website. PhemxPhresh LLC,will enforce its intellectual property rights to the fullest extent of the law. You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Website or for any services or features offered on or through the Website, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Website or the services offered on or through the Website, including, without limitation, any information residing on any server or database connected to the Website or any services offered on or through the Website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials, information or any services made available on or through the Website through any means; (iii) use the Website or the services made available on or through the Website in any manner with the intent to interrupt, damage, disable, overburden, impair the Website or such services, or interfere with any other party’s use and enjoyment of the Website including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Website or the Website’s services or features in violation of PhemxPhresh LLC, or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Website or the Website’s services in violation of any applicable law. You further agree that you may not attempt (or encourage or support any one else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website and the Content, or make unauthorized use thereof. You may not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website.

User Information. If you register with this Website, make a purchase via the Website, sign up for e-mails, apply for membership in one of our programs or enter a sweepstakes, contests or promotion, you will be asked to provide personal information to us (“User Information”). Our information collection and use policies with respect to such User Information are set forth in the Website’s Privacy Policy which is incorporated herein by reference for all purposes and available by clicking here. You are responsible for keeping your User Information up to date and accurate.

User Comments, Feedback, and Other Submissions. We welcome your suggestions, feedback, ideas and other submissions (collectively “User Contributions”) about the Website, its Content, and our products. If any User Contribution includes ideas, suggestions, documents or proposals to PhemxPhresh LLC, you hereby acknowledge and agree that: (a) such User Contributions are not confidential or proprietary and PhemxPhresh LLC, has no obligation of confidentiality, express or implied, with respect thereto; (b) PhemxPhresh LLC,may have something similar to the User Contribution already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind from PhemxPhresh LLC, or any of its affiliates for such User Contribution under any circumstances unless you are otherwise notified by PhemxPhresh LLC, in writing to the contrary. By submitting or sending User Contribution to us, you: (i) represent and warrant that the User Contribution are original to you, that no other party has any rights thereto, and that any "moral rights" in the User Contributions have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such User Contributions (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for editorial, commercial, non-commercial, promotional or any other purpose. We cannot be responsible for maintaining any User Contributions that you provide to us, and we may delete or destroy any such User Contributions at any time. Any User Contributions will be deemed not to be confidential or secret, and may be used by us in any manner not inconsistent with these Terms of Use and the Website’s Privacy Policy.

Links to and from the Website. If you link from any other website to this Website, such link shall open in a new browser window or tab and shall link to the full version of the Website. You are not permitted to use any linking method whereby the Content is hosted by us but displayed on another web site (this practice is sometimes referred to as “in-line” linking). You may not to link from any other web site to this Website in any manner such that the Website, or any page of the Website, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other website. You may be able to link from the Website to third-party websites and third-party websites may link to the Website (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of PhemxPhresh LLC. Links to Linked Sites do not constitute an endorsement or sponsorship by PhemxPhresh LLC, of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. PhemxPhresh LLC, is not responsible for any content that originates from any Linked Site and that is embedded or otherwise transmitted through the Website.

Public and Interactive Areas of Our Website; Ratings & Reviews; Guidelines. We may from time to time provide interactive services on our Website, including, without limitation, Ratings & Reviews, blogs, chat rooms, bulletin boards and discussion groups. We are under no obligation to oversee, monitor or moderate any interactive service we provide on our Website, and we expressly exclude all liability for any loss or damage arising from the use of any interactive service by a user, whether the service is moderated or not. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any User Contributions. Similarly, we may or may not exercise editorial control over the User Contributions of any such interactive services. As a result, you may be exposed to User Contributions that is inaccurate, fraudulent or deceptive or that you find offensive or objectionable. However, we reserve the right, but are not obligated, to monitor our interactive services and to pre-screen, remove, condense, refuse to post or alter any User Contributions in our sole discretion. We may restrict, suspend or terminate your use of these services or the Website where we believe that there has been a misuse. Your use of such interactive services are at your own risk. Personal Information that you post on or through the public areas of the Website are generally accessible to, and may be collected and used by, others and may result in unsolicited messages or other contact from others. You should not provide Personal Information about yourself in public or interactive areas of the Website. Such Personal Information is not covered under our Privacy Policy.

You represent and warrant that: (a) you are at least 13 years old; (b) all User Contributions posted by you is original to you and that you are the sole author of such User Contributions, (c) no User Contribution infringes upon, violates or misappropriates a third party's intellectual property rights, (d) no User Contribution will be obscene, libelous, vulgar, offensive, malicious, discriminatory, defamatory or otherwise unlawful, (e) no other party has any rights to such User Contribution, (f) any "moral rights" in your User Contribution have been waived, (g) the User Contribution is not false, inaccurate or misleading in any manner, and (h) you are not being compensated in any manner for your User Contributions from any third party. You may not use our interactive services or any User Contribution to impersonate any person or entity, including, without limitation, any PhemxPhresh LLC employee, forum leader, guide or host, or to falsely state or otherwise misrepresent your affiliation with a person or entity. You may not use the interactive services to collect or store personal data about other users. You may not include references to other competitors, websites, addresses, email addresses, contact information or phone numbers.

When writing a review for the Ratings & Review, please consider the following guidelines:

• Focus on the product and your individual experience using it;
• Provide details about why you like or dislike a product; and
• All submitted reviews, comments and questions are subject to these Terms of Use and our Privacy Policy.

You grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export any such User Contribution, in whole or part, and/or to incorporate them in other works in any form, media, or technology now known or later developed for editorial, commercial, non-commercial, promotional or any other purpose.

Indemnification. You agree to defend, indemnify and hold harmless PhemxPhresh LLC, its affiliates, and its and their directors, officers, employees and agents from any and all claims, liabilities, costs and expenses, including  attorneys' fees, arising in any way from your use of the Website and use of our products, your placement or transmission of any message, User Contributions, information, software or other materials through the Website, or your breach or violation of the law or of these Terms of Use.

Digital Millennium Copyright Act

If you believe your work or content has been copied and posted to the Website in a way that constitutes copyright infringement, please provide Fresh's designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the "DMCA"):

• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Website;
• A 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;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• Your name, address, telephone number and email address (if available); and
• 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 are authorized to act on the copyright owner's behalf.

DISCLAIMER OF WARRANTIES. THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," "AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND/OR IMPLIED. WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET USER’S REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. PHEMXPHRESH,LLC ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE. WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, FRESH DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEBSITE, AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE WEBSITE OR IN CORRESPONDENCE WITH FRESH OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE WEBSITE ARE PROVIDED BY Phem x Phresh, LLC, “AS IS.” THE FOREGOING DISCLAIMERS DO NOT APPLY TO THE EXTENT, IF AT ALL, OF ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF A PRODUCT OR AS OTHERWISE SPECIFICALLY SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND FRESH OR ITS LICENSOR OR SUPPLIER.

RETURNS 

Please note that shipping charges on your original order will not be refunded, or paid by us unless the package was incorrectly shipped or you received defective  products. All applicable promotions, offers, discounts, and coupons applied at the time of purchase will be prorated and deducted from the amount of refunds or credits. RETURNS MUST BE RETURNED WITHIN 10 DAYS AFTER DELIVERY. Opened or used products will not be accepted.  

All facts, details & recommendations on our website are provided for information purposes only and are not intended to diagnose, prescribe or replace the advice of professionals.

SHIPPING

Shipment processing time all orders are processed within 7-10 business days. Orders are not shipped or delivered on weekends or holidays. If we are experiencing a high volume of orders, shipments may be delayed by a few days. Please allow additional days in transit for delivery. If there will be a significant delay in shipment of your order, we will contact you via email or telephone. If a package is shown as delivered via USPS, UPS or FEDEx but has been stolen from your residence you must file a claim with your local post office or shipping vendor. Stolen orders will not replaced PhemxPhresh, LLC. 

 
These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease. Results may vary.