TERMS AND CONDITIONS

Terms of Use Dr. Floyd Rx LLC. Last Updated 2/28/2020. TERMS & CONDITIONS (“T&C”) Please read the following Terms of Use before using or purchasing products from the Dr. Floyd Rx Website.  These terms govern your access and use of this site. If you do not agree to these terms and conditions, please do not use this Website. By using and accessing this Site, you acknowledge that you have read, understood, and agree to be bound by and shall abide by all the T&C of this Agreement. If you object to or disagree with any of these T&C, please discontinue the use of this Site immediately. INTELLECTUAL PROPERTY RIGHTS This entire Website and its contents, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations are copyrighted and are the property of Dr. Floyd Rx LLC.  The trademarks and/or trade dress of Dr. Floyd Rx LLC and our affiliates may not be used without our prior written permission. Trademarks or trade dress include, but are not limited to, the Dr. Floyd Rc LLC name and logo, and other graphics, logos, page headers, button icons, scripts, and names of Dr. Floyd Rx LLC products, services, and programs, and those of our affiliates. All other trademarks that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us or our affiliates. Health care practitioners, health stores, and manufacturers of health related products may use the Dr. Floyd Rx LLC graphics and images contained on this Site only for the promotion and sale of Dr. Floyd Rx LLC products. Dr. Floyd Rx LLC will not be responsible or liable for any claims or promotional copy used in connection with the graphics or images. Any other use of the graphics, images, or other content on this Site is strictly prohibited. LICENSE Subject to these Terms of Use & Conditions, we grant you a non-exclusive, non-transferable, revocable, and limited license to access and use the Website for your personal, non-commercial use in accordance with these T&C. ACCESS BY MINORS This Site is not intended for users under the age of 13. TERMINATION, MODIFICATION, AND CANCELLATION We reserve the right to change, modify or otherwise alter these T&C at any time at our sole discretion. Such modifications shall become effective immediately upon the posting of updated T&C. You must review this agreement on a regular basis to keep yourself updated on any changes. Dr. Floyd Rx LLC may terminate this Agreement, with or without cause, at any time, without notice, and without penalty. The following provisions shall survive any termination of this Agreement: Permitted Use/Proprietary Rights; Unauthorized Access of Site; Linking and Framing Prohibited; Disclaimer of Warranties; Limitation of Liability; Release, Waiver and Covenant Not to Sue; Indemnity; and, Governing Law and Jurisdiction. MEDICAL, NUTRITION, AND PRODUCT INFORMATION Any information on this Website is not meant to diagnose or treat any ailment as this should be done by a healthcare provider or medical doctor. Dr. Floyd Rx LLC strongly urges you to consult with a qualified healthcare professional for advice regarding the diagnosis and treatment of any medical condition before using any herbal product.  It is important to remember that each individual’s body has specific requirements for nutrition and/or health. Nothing on this Website is legal advice or medical advice or treatment. The use of herbs and other natural remedies is a natural right. All material and information is intended to be used for personal education or informational purposes only. The statements or products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly as intended. Please check all ingredients to prevent potential allergic reactions. Use of this Website is not meant to substitute for medical care or advice. Your use of information available on or through this Site is your own responsibility and is made at your own risk. Please consult with your doctor or medical professional regarding the use of any goods, products or information. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY. TRANSACTIONS You will not hold Dr. Floyd Rx LLC responsible and shall indemnify Dr. Floyd Rx LLC for any losses resulting from the use of our Site, including, but not limited to, any losses stemming from not having an item in stock or an increase in price. We reserve the right to change the prices at any time. You will be notified of any changes to your proposed order, whether it be quantity, price, item or any other change. USER SUBMISSIONS You may submit content to certain portions of our Site. You are solely responsible for any content that you post on this Site. Dr. Floyd Rx LLC reserves the right to screen, remove, or edit any such content, but is under no obligation to do so. Under no circumstances will Dr. Floyd Rx LLC be liable for any content posted by any visitor to our Site or any damage caused by the posting of such content. If you post content to our Site or submit information via email you are automatically granting Dr. Floyd Rx LLC and our affiliates a royalty-free, worldwide, non-exclusive, perpetual, fully sublicensable and irrevocable right to use, distribute, reproduce, modify, adapt, publicly perform and display, translate and create derivative works from such content in any media, as well as the right, but not obligation, to use your name in connection with such content. By submitting content you also agree that Dr. Floyd Rx LLC may keep records indicating that you are the source of content, and any information related to your posting of the content, and may disclose such information as we may determine, in our sole discretion, including, without limitation, in order to comply with the law or legal process, to enforce the terms of these conditions of use, to respond to any complaint that such content violates the rights of any third party, to respond to customer service requests, or to assist in the protection of any person. WARRANTY DISCLAIMER WE HEREBY DISCLAIM ALL WARRANTIES.  THIS WEBSITE, INCLUDING ALL MATERIALS INCORPORATED THEREIN, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGES OR LOSS TO THE EXTENT PERMITTED BY LAW. WE EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE WEBSITE INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, COMPATIBILITY, SECURITY AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE AS ALLOWABLE BY LAW. INDEMNITY You agree to indemnify, defend and hold harmless Dr. Floyd Rx LLC, its affiliates, officers, directors, employees, consultants, agents and representatives from any and all third party claims, losses, liability, damages and/or costs (including reasonable attorneys’ fees and costs) arising from your access to or use of this Website, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. LIMITED LIABILITY DR. FLOYD RX LCC LIABILITY TO YOU IS LIMITED. TO MAXIMUM EXTENT AS PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY US. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort (including negligence) or any other legal theory or form of action. RELEASE, WAIVER, AND COVENANT NOT TO SUE To the fullest extent allowed by law, you hereby release and discharge Dr. Floyd Rx LLC, its affiliates, parents, subsidiaries, officers, directors, shareholders, employees, business partners, customers and any other authorized agent or representative of Dr. Floyd Rx LLC from any and all liability associated with your use of the Site. This release shall apply to any and all claims, whether known or unknown, held by you. With respect to the releases contained herein, the parties agree that this release fully and finally releases and forever resolves the actions and liabilities released herein, and each party hereby waive all benefits under any statutes or common law principles of similar effect. You hereby also agree and covenant not to sue, and expressly waives any and all claims against, Dr. Floyd Rx LLC for any claim that is released hereunder or for an amount in excess of the limitation of liability provided in this Agreement. GOVERNING LAW AND JURISDICTION These T&C shall be governed by and construed under the laws of the State of California without reference to conflict of laws principles. These T&C are deemed entered into in Sacramento County, California. All disputes arising out of or related to these T&C, the services, or Site shall be subject to the exclusive jurisdiction of the state and federal courts located in Sacramento County, California, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts. ENTIRE AGREEMENT These Terms of Use, our Privacy Policy and the other agreements referred to herein, if any, constitute the sole and entire agreement between you and Dr. Floyd Rx LLC with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. ACKNOWLEDGEMENT BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.