10. DISCLAIMER OF WARRANTIES
To the maximum extent permitted by applicable law, the Site, including, without limitation, the Site Content, and any products sold by Noble Panacea through the Site, are provided on an "As Is", "As Available" and "With All Faults" basis. To the fullest extent permissible by applicable law, Noble Panacea and its parent companies, affiliated entities, vendors and the directors, officers, employees or other representatives of each of them (collectively, the "Noble Panacea Parties") make no representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Site and the Site Content; (b) products sold by Noble Panacea through the Site; (c) User Content; and/or (d) security associated with the transmission of information to Noble Panacea or via the Site. In addition, to the fullest extent permissible by applicable law, the Noble Panacea Parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus. We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations.
The Noble Panacea Parties do not represent or warrant that the Site will be error-free or uninterrupted; that defects will be corrected; or that the Site or the servers that make the Site available are free from any harmful components, including, without limitation, viruses. The Noble Panacea Parties do not make any representations or warranties that the information (including any instructions) on the Site are accurate, complete, or useful. You acknowledge that your use of the Site is at your sole risk.
The Noble Panacea Parties do not warrant that your use of the Site is lawful in any particular jurisdiction, and the Noble Panacea Parties specifically disclaim such warranties. By accessing or using a Site you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Site. Nothing in these terms of use limits, excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these terms of use would contravene any statute or cause any part of these Terms to be void ("Non-Excludable Guarantees").
11. LIMITATION OF LIABILITY; WAIVER
To the maximum extent permitted by applicable law, and except in relation to any Non-Excludable Guarantees, you agree that under no circumstances will the Noble Panacea Parties be liable to you or anyone else for indirect, economic, special, incidental or consequential loss or damages related to: (a) the Site or the Site Content; (b) your use of any products purchased from the Site; (c) your use of, inability to use, or the performance of the Site; (d) action taken in connection with an investigation by the Noble Panacea Parties or law enforcement authorities regarding your use of the Site; (e) action taken in connection with copyright or other intellectual property owners; (f) any errors or omissions in the Site's technical operation; or (g) any damage that results from events beyond our reasonable control, such as damages to any user's computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the Noble Panacea Parties have been advised of or should have known of the possibility of such damages. However, in no event will the Noble Panacea Parties total liability to you for all damages, losses or causes or action, except those in relation to any Non-Excludable Guarantees, exceed the lesser of the amount paid by you, if any, to Noble Panacea for (a) product(s) ordered through the Site or ten United States dollars ($10.00). The prior limitation on damages is not intended to limit the Noble Panacea Parties’ obligation to pay prevailing party costs or fees if recoverable pursuant to applicable law. The limitations set forth in this section will not limit or exclude the Noble Panacea Parties’ liability for personal injury or property damage caused by Noble Panacea Parties, or for the Noble Panacea Parties’ gross negligence, fraud or intentional, willful, malicious or reckless misconduct.
You agree that in the event you incur any damages, losses or injuries that arise out of Noble Panacea’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, property, product, service, or other content owned or controlled by the Noble Panacea Parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service, or other content owned or controlled by the Noble Panacea Parties.
By accessing the Site, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and expressly waive, the benefits of section 1542 of the Civil Code of California, and any similar law of any state or territory, which provides as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
12. INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold the Noble Panacea Parties harmless from and against any and all claims, damages, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys' fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your use of the Site or activities in connection with the Site; (b) your breach or anticipatory breach of these Terms; (c) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (d) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (e) any misrepresentation made by you; or (f) the Noble Panacea Parties' use of your information as permitted under these Terms, the Privacy Policy, or any other written agreement between you and Noble Panacea. You will cooperate as fully required by the Noble Panacea Parties in the defense of any claim. The Noble Panacea Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Noble Panacea Parties.
13. E-COMMERCE
The Site may offer products or services for sale and your transaction may be subject to additional sales terms and policies (which will be considered Additional Terms for purposes of these Terms). Prices for our products are subject to change without notice, and we reserve the right to discontinue or modify our products at any time without prior notice. You agree to pay all applicable fees and any applicable taxes. Noble Panacea may automatically charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales taxes, or other taxes, on orders shipped to you.
We reserve the right to limit, prohibit or cancel orders of products to any account, in our sole discretion. If we limit or cancel an order we will try, but are not obligated, to contact you per your provided contact information or through your account.
You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon delivery. Any shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. You can find more information about estimated shipping times here.
Sometimes the Site may offer products for sale where the transaction is facilitated by the operator of a third-party platform hosting the Site. In such cases, your billing relationship will be with the third-party vendor and additional terms and conditions imposed by the vendor may apply. These Terms will continue to apply to your access to and use of the purchased product or service, except where these Terms conflict with terms imposed by the third-party vendor.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error received from its suppliers, Noble Panacea shall have the right, to the fullest extent permitted under applicable law, to refuse or cancel any orders placed for product listed at the incorrect price. Noble Panacea shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is properly canceled, Noble Panacea will issue a credit to your credit card account in the amount of the charge. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to 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.
Your receipt of an electronic or other form of order confirmation does not signify Noble Panacea’s acceptance of your order, nor does it constitute confirmation of Noble Panacea’s offer to sell. Noble Panacea reserves the right at any time after receipt of your order to accept or decline your order for any reason. If permitted by applicable law, Noble Panacea reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Noble Panacea may require additional verifications or information before accepting any order.
For information about returning any products and refunds, please see our Return Policy here, which is incorporated into these Terms.
You can see which payment methods are available currently here. By submitting your order, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your order (including taxes) to that payment method. If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your order may be suspended or cancelled automatically.
All references to a “chargeback” refer to a reversal of your payment method charge placed on the Site. In the event you pay for products using your payment method and subsequently “charge back” your purchase through your merchant account provider, Noble Panacea reserves the right to terminate these Terms and all pending orders and transactions immediately, in addition to any and all available remedies at law or in equity. Unnecessary chargebacks are theft and can be prosecuted. If you feel that your payment method was used fraudulently, please contact us for immediate resolution. You agree that you will not charge back any amounts charged to your payment method on the Site. If you initiate a chargeback a payment, you agree that we may recover the amount of the charge back, in addition to any amount charged to us by your payment method provider for such charge back, by any means deemed permissible, including but not limited to recharging your payment method or having the amount recovered by a collection agency.
14. SUBSCRIPTION TERMS IF SUBSCRIPTIONS ARE MADE AVAILABLE
Some of our products may be purchased on a subscription basis (e.g. refills of certain products on a 30 or 60 continuous basis). Payment for products on a subscription renews automatically until canceled. If you choose to pay for certain eligible products on a subscription basis, your subscription will automatically renew at the conclusion of the initial subscription period for additional periods of the same duration at the then-current fee for such product subscription (plus tax, if applicable) unless you cancel your subscription. Unless you opt out of the subscription, you will be charged in advance in accordance with the delivery schedule that you selected with your subscription. Except as otherwise set forth herein, Noble Panacea will not refund any fees that have already been charged.
As with our other products, you are responsible for payment of the applicable fees for any product subscription in which you enroll and, should your payment fail, agree that we may either terminate your subscription or refuse to ship such subscription products to you until payment is received.
You may cancel your subscription at any time by logging into your Noble Panacea account and disabling automatic renewal by following the on-screen links and instructions within your My Account dashboard. To avoid future charges, you must disable automatic renewal before the end of your then-current subscription period.
We may discontinue any product subscription at any time for any or no reason (e.g. the product is no longer in stock), with or without notice to you. The Noble Panacea Parties will not otherwise be liable to you should we exercise such rights.
If you fail to pay subscription fees when due, if you have materially breached any provision of these Terms, or if Noble Panacea is required (in its sole judgment) to do so by law (e.g., where the provision of the product subscription may or does become (in Noble Panacea’s sole discretion) unlawful or violative of any third party’s rights), Noble Panacea reserves the right to – immediately and without notice – suspend or cancel any subscription. You agree that all cancellations for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any suspension or cancellation of your product subscription.
We reserve the right to change the price of any subscription product at any time in our sole discretion. If a price change is applied to existing subscribers, we will notify you of any impending price change in advance. If you do not agree to the price change, you may terminate your subscription to that product prior to that change taking effect.
15. COMMUNICATIONS
You agree that we may send communications to your email address for customer service, confirmations, newsletters, product offers and other matters. You may choose to opt out of much of this email correspondence through your account settings page or by using the links at the bottom of our emails. Please note that even if you opt out, we will still send you Account related emails, such as purchase confirmation and password reset emails.
16. TERMINATION
Noble Panacea reserves the right to terminate your access to and use of the Site in its sole discretion, without notice and liability, including, without limitation, if Noble Panacea believes your conduct violates these Terms. Noble Panacea also reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any e-mails you send to the Site or Noble Panacea. Any violation of these Terms may be referred to law enforcement authorities. Upon termination of your access to the Service, or upon demand from Noble Panacea, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Site.
Noble Panacea also reserves the right to modify, withdraw, suspend, or discontinue in whole or in part (temporarily or permanently, at any time, and with or without notice) any Site Content or discontinue and cease operation of any Site in its entirety.
17. LOCATION OF THE SITE AND TERRITORIAL RESTRICTIONS
Noble Panacea controls and operates the Site from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Site are appropriate for use or access in other locations. The information, products, and services provided on the Site are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Noble Panacea to any registration requirement within such jurisdiction or country. Anyone using or accessing the Site from outside the United States does so on their own initiative and is responsible for compliance with United States' and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Site or any portion of the Site, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.
Software related to or made available by the Site may be subject to United States export controls. Thus, no software from the Site may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, Crimea, North Korea, Iran, Syria or any other country to which the United States has embargoed goods or that has been designated by the U.S. government as “terrorist supporting”; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By accessing this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. You agree to comply with all rules, laws and regulations that are applicable to your use of the Site, including, without limitation, those governing your transmission or use of any software or data.
18. ARBITRATION AGREEMENT/GOVERNING LAW/CLASS ACTION WAIVER/DISPUTE RESOLUTION
The Site is controlled and operated by Noble Panacea from its offices within the State of California, United States of America. Noble Panacea makes no representation that materials in the Site are appropriate or available for use in other locations and other countries. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. This agreement will be governed by, construed and enforced in accordance with the laws of the State of California, excluding its conflict of laws principles. The arbitration proceedings will be governed by federal arbitration law and by the JAMS (defined below) rules.
Both you and Noble Panacea waive the right to a trial by jury and the right to bring or resolve any dispute as a class, consolidated, representative, collective, or private attorney general action. Both you and Noble Panacea waive the right to participate in a class, consolidated, representative, collective, or private attorney general action related any dispute that is brought by anyone else. Notwithstanding any provision in the JAMS rules to the contrary, the arbitrator will not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
Except for disputes relating to the infringement of your or Noble Panacea’s intellectual property (such as trademarks, trade dress, copyright and patents) or where Noble Panacea is seeking injunctive relief (the “Excluded Disputes”), you and Noble Panacea each agree to finally settle all disputes only through arbitration. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to these Terms and Conditions or your use of the Services will be resolved solely by binding arbitration before a sole arbitrator under the Streamlined Arbitration Rules & Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within thirty (30) days of the filing of a “Demand for Arbitration,” then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service that will hear the case. If an in-person hearing is required, then it will take place in Irvine, California or – if required by the JAMS rules (or the rules of any alternate arbitration service used by the parties) – in or near your city of residence. The federal or state law that applies to these Terms will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions or class arbitrations; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, or for any Excluded Disputes, then the agreement to arbitrate does not apply and the dispute must be brought in a court of competent jurisdiction in Orange County, California. Subject to you demonstrating that the costs of arbitration will be prohibitive as compared to the costs of litigation, Noble Panacea will pay as much of the administrative and arbitrator’s fees charged to you by JAMS (or an alternate arbitration service) as the arbitrator deems necessary to prevent the arbitration from being cost prohibitive to you as compared to litigation. Either party may, notwithstanding this provision, bring qualifying claims in small claims court. In no event will you seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation or exploitation of the Services or any other property of Noble Panacea (provided that nothing in these Terms and Conditions will restrain a California resident’s right (if any) under applicable law to seek public injunctive relief in accordance with this dispute-resolution provision).
You and Noble Panacea agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against Noble Panacea within an approximately thirty-day period (or otherwise in close proximity), JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – (s)he may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a “Batch Arbitration”). You and Noble Panacea agree (a) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (b) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision will in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.
The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You have the right to opt-out and not be bound by the arbitration and the class action waiver provisions set forth in this section by sending written notice of your decision to opt-out to the following address: Noble Panacea, ATTN: Arbitration Opt-out, 7700 Irvine Center Drive, Irvine, California 92618, USA or by email to arbitration@noblepanacea.com. For new users, the notice must be sent within 30 days of registering with Noble Panacea, and for existing users, the notice must be sent within 30 days of the effective date of this policy. If you do not opt-out, you shall be bound to the terms in this section. If you choose to opt-out, Noble Panacea also will not be bound.
19. CALIFORNIA USER CONSUMER RIGHTS
In accordance with Cal. Civ. Code Sec. 1789.3, California state resident users may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Suite 1080, Sacramento, CA 95814; or by phone at 916.445.1254 or 800.952.5210; or by email to dca@dca.ca.gov.
20. MISCELLANEOUS
The failure of Noble Panacea to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Noble Panacea’s rights with respect to such breach or any subsequent breaches. No waiver by Noble Panacea of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Noble Panacea. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. Noble Panacea may assign its rights and duties under these Terms to any party at any time without any notice to you. Terms may not be assigned by you without Noble Panacea’s prior written consent. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. If a court, arbitrator, or other adjudicative body should determine that any provisions of these Terms is overbroad, unfair or unreasonable, such provision shall be given effect to the maximum extent possible by narrowing or enforcing in part that aspect of the provision found overbroad or unreasonable. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against Noble Panacea by virtue of Noble Panacea having drafted them. No amendment to or modification of these Terms, or action, or delay, will be binding unless in writing and signed by Noble Panacea. Provisions of these Terms that would logically survive termination shall survive the termination of these Terms for any reason (including without limitation, “Disclaimer of Warranties,” “Limitation of Liability; Waiver” and “Arbitration Agreement”).
21. OUR RIGHT TO UPDATE THESE TERMS
Noble Panacea reserves the right to modify or add to these Terms at any time without prior notice ("Updated Terms"). You agree that we may notify you of the Updated Terms by posting them on the Site so that they are accessible via a link on the homepage or otherwise, and that your use of a Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using a Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of a Site from that point forward.
22. CONTACT US
Noble Panacea, Inc.
Address: 7700 Irvine Center Drive, Irvine, California 92618
Email: care@noblepanacea.com
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