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Terms & Conditions

 

DISCLAIMER:

The information on this website is for informational purposes only and is not intended as a substitute for advice from your physician or other healthcare professional or any information contained on or in any product label or packaging.  You should not use the information on this website for diagnosis or treatment of any health problem or for prescription of any medication or other treatment.  You should always speak with your physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, before starting any diet or exercise program or before adopting any treatment for a health problem.  Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product.

The statements on this website have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure or prevent any disease.

 

The Customer Satisfaction Guarantee:

Return Policy on all Deliveries  Oshare Health Products LLC retains a 60-Day Satisfaction guarantee on all Zobria products. If you, the buyer, are unhappy with the product for any reason - even if you've used the full supply of the supplement: - you can return the empty bottle for a full refund of the purchase price including shipping and handling. To obtain your refund, you must do the following: Call us at 1-855-299-1003. To receive your refund, you must postmark your return within 60 days of purchase. Include a copy of your invoice with the return. THIS RETURN APPLIES TO THE MOST RECENTLY PURCHASES BOTTLE OF ZOBRIA ONLY.

Address the return package to: Oshare Health Products LLC, 7700 Congress Ave, Suite 3110, Boca Raton FL 33487. If you return a package, we recommend that you get proof of shipment. Upon receipt of your returned product, a refund will be issued to your credit card. After the shipping department receives your return, it generally takes 1 week or less to process your refund. Once a return is processed, it can take up to one billing cycle for this return to be posted to your account, depending on your financial institution.

Terms of Use

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE AND PRODUCTS OFFERED BY OSHARE HEALTH PRODUCTS, LLC. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE PROVIDED AT HTTP://WWW.ZOBRIA.COM. YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, 

DO NOT USE THIS WEBSITE.

 

1. Agreement.

 

1.1 Throughout these Terms of Use, the words “you” and “your” will refer to you, the user, visitor, and/or buyer of the OSHARE HEALTH PRODUCTS website at www.zobria.com (the “Website” or “Site”). These Terms of Use (referred to as the “Agreement” or “Terms of Use”) govern your use of the OSHARE HEALTH PRODUCTS, LLC Website and all related websites (collectively, this or the “Website”), except third-party websites and links, as explained in more detail below. This Agreement also governs the relationship between you and OSHARE HEALTH PRODUCTS, LLC, a Florida limited liability company (“OSHARE HEALTH PRODUCTS,” or “we,” or “us”), which owns and controls the Zobria.com Website. The term “OSHARE HEALTH PRODUCTS” also includes all officers, owners, members, managers, agents, subsidiaries, affiliates, successors, licensees and assigns of OSHARE HEALTH PRODUCTS, LLC. Your use of the Website and any material accessed through the Website, regardless of whether or not you register as a user, or are a visitor or buyer, indicates your full acknowledgement, understanding, consent, agreement and acceptance of the terms of this Agreement, our Privacy Policy, and our general service policies as appear on our Website which are all incorporated herein by this reference.

 

1.2 Your use of the Website may include the ability to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS.

1.3 Without limiting any other remedies, OSHARE HEALTH PRODUCTS may, without notice, and without refunding any fees, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a User's Account, prohibit access to the Website, and take technical and legal steps to keep a user off the Website and refuse to provide services to a user at the discretion of OSHARE HEALTH PRODUCTS. OSHARE HEALTH PRODUCTS reserves the right to refuse service to anyone, for any reason, at any time. You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.

1.4 You agree not to scan, probe, or test the vulnerability of the Website. You agree not to breach the authentication or security measures on the Website or any network connected to the Website. You agree not to trace, seek to trace, reverse look-up any information on any other user of or visitor to the Website, or any other customer of OSHARE HEALTH PRODUCTS, including any OSHARE HEALTH PRODUCTS account not owned by you, to its source, or exploit the Website or any service or information related thereto made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information. Moreover, you agree not to reverse engineer, decompile, disassemble, or translate the OSHARE HEALTH PRODUCTS’ software or otherwise tamper with any of the security components related to OSHARE HEALTH PRODUCTS’ Content for any reason whatsoever. You agree that the Website and your activity on the Website may be controlled and monitored by OSHARE HEALTH PRODUCTS for any reason, and OSHARE HEALTH PRODUCTS reserves the right to enforce the terms of this Agreement with or without notice to you.

 

1.5 You agree that you will not do any of the following as determined in our sole discretion: (a) post, distribute, or otherwise make available or transmit any data, text, message, or computer file that we deem to be: (i) defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking; (ii) bigoted, hateful, or racially offensive; (iii) vulgar, obscene, or sexually explicit (language or images); or that (iv) encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; (b) post, distribute, or otherwise make available or transmit any data, text, message, computer file, or other material that infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including but not limited to: (i) copyright, patent, trademark, or other proprietary rights; (ii) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; (iii) any confidentiality obligation; (c) post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component; (d) impersonate any person or entity or misrepresent your identity or affiliation with any person or entity; (e) engage in antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet; or (f) delete any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify.

 

2. OSHARE HEALTH PRODUCTS’ Content and Health Information. 

 

2.1 You acknowledge and agree that all text, graphics, photographs, trademarks, logos, music, sounds, user interfaces, visual interfaces, artwork, computer code, features, content, specifications, products and prices of products and services described or depicted on this Website and all other related content that is provided by OSHARE HEALTH PRODUCTS (the “OSHARE HEALTH PRODUCTS’ Content”), including but not limited to the design, selection, structure, coordination, expression, the “look and feel” and arrangement of the OSHARE HEALTH PRODUCTS’ Content, contained on the Website is owned, controlled, or licensed by or to OSHARE HEALTH PRODUCTS, and is protected by various intellectual property and unfair competition laws, including those relating to trade dress, trade secret, copyright, patent and trademark rights.

2.2 The OSHARE HELATH PRODUCTS’ Content is subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. OSHARE HEALTH PRODUCTS makes all reasonable efforts to accurately display the attributes of products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws in regard to the possession, use and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy, or current nature of any information on this Website. For example, products included on this Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

2.3 The information contained in the Website is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the Website (including, but not limited to, information that may be provided on the Website by healthcare or other professionals employed by or contracting with OSHARE HEALTH PRODUCTS) for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should carefully read all product packaging prior to use.

3. Linking to or from the Website. 

 

3.1 From time to time, this Website may contain links to Websites that are not owned, operated or controlled by OSHARE HEALTH PRODUCTS or its respective affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other Website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other Websites, or any content, materials or other information located or accessible from any other Websites, or the results that you may obtain from using any other Websites. OSHARE HEALTH PRODUCTS is not responsible for the availability of outside websites or resources linked to or referenced on the Website. OSHARE HEALTH PRODUCTS does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that OSHARE HEALTH PRODUCTS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources. If you decide to access any other Websites linked to or from this Website, you do so entirely at your own risk.

 

3.2 Creating or maintaining any link from another Website to any page on the Website without our prior written permission is prohibited. Running or displaying the Website or any information or material displayed on this Website in frames or through similar means on another Website without our prior written permission is prohibited. Any permitted links to the Website must comply will all applicable laws, rule and regulations.

 

4. DISCLAIMERS. 

 

4.1 YOUR USE OF THIS WEBSITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER OSHARE HEALTH PRODUCTS, NOR ANY OF THEIR RESPECTIVE AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER OSHARE HEALTH PRODUCTS NOR ANY OF ITS RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

4.2 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO ANY OF THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

5. LIMITATIONS OF LIABILITY. 

5.1 OSHARE HEALTH PRODUCTS DOES NOT ASSUME ANY RESPONSIBILITY, OR WILL BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS WEBSITE. IN NO EVENT WILL OSHARE HEALTH PRODUCTS, AND (AS APPLICABLE) OSHARE HEALTH PRODUCTS' OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS OR OSHARE HEALTH PRODUCTS' SUPPLIERS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

5.2 IN NO EVENT SHALL OSHARE HEALTH PRODUCTS, AND (AS APPLICABLE) OSHARE HEALTH PRODUCTS' OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS OR OSHARE HEALTH PRODUCTS' SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE (INCLUDING BUT NOT LIMITED TO THE OSHARE HEALTH PRODUCTS’ CONTENT), EVEN IF YOU HAVE ADVISED OSHARE HEALTH PRODUCTS ABOUT THE POSSIBILITY OF SUCH LOSS, AND INCLUDING ANY DAMAGES RESULTING THEREFROM, ARISING OUT OF OR RELATING TO ANY OSHARE HEALTH PRODUCTS’ CONTENT, PRODUCT INFORMATION, OR FROM PRODUCTS OFFERED AND/OR SOLD THROUGH OR ON THE WEBSITE, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. 

5.3 UNDER NO CIRCUMSTANCES WILL OSHARE HEALTH PRODUCTS OR ITS AND (AS APPLICABLE) OSHARE HEALTH PRODUCTS' OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS OR OSHARE HEALTH PRODUCTS' SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT SOLD OR PROVIDED THROUGH THE WEBSITES, EVEN IF OSHARE HEALTH PRODUCTS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AND (AS APPLICABLE) OSHARE HEALTH PRODUCTS' OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS OR OSHARE HEALTH PRODUCTS' SUPPLIERS LIABILITY BE GREATER THAN THE PRICE YOU PAID FOR THE PRODUCT THAT IS THE BASIS FOR THE CLAIM. OSHARE HEALTH PRODUCTS AND (AS APPLICABLE) OSHARE HEALTH PRODUCTS' OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS OR OSHARE HEALTH PRODUCTS' SUPPLIERS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS OR PRODUCTS OFFERED FOR SALE ON THE WEBSITE WHICH EXCEEDS THIS LIABILITY LIMIT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

6. INDEMNITY. YOU AGREE TO INDEMNIFY AND HOLD OSHARE HEALTH PRODUCTS AND ITS AND (AS APPLICABLE) OSHARE HEALTH PRODUCTS' OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS OR OSHARE HEALTH PRODUCTS' SUPPLIERS HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING OUT OF ANY CLAIM, ACTION, INVESTIGATION OR PROCEEDING MADE OR INSTITUTED BY ANY THIRD PARTY DUE TO OR ARISING OUT OF: (A) YOUR BREACH OF ANY REPRESENTATIONS OR WARRANTIES MADE BY YOU HEREUNDER OR YOUR BREACH OF ANY TERM OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE; (B) YOUR USE OF THE SERVICES OR THE WEBSITE IN VIOLATION OF THIS AGREEMENT; OR (C) OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY; OR (D) LIABILITY TO A THIRD PARTY FOR MALPRACTICE, NEGLIGENCE, DEFECTIVE PRODUCTS, OR ANY MEDICAL LIABILITY CLAIM. YOU HEREBY AGREE NOT TO SUE, ASSIST IN OR BE A VOLUNTARY PARTY TO ASSIST IN, EXCEPT AS REQUIRED BY LAW, ANY ACTION, SUIT, OR PROCEEDING AGAINST OSHARE HEALTH PRODUCTS FOR ANY CLAIMS, ACTIONS, SUITS, DAMAGES, LIABILITY, LOSSES OR EXPENSES OF WHATEVER KIND OR HOWEVER ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE, OR RELATING TO THE SALE, PURCHASE, OR THE OFFER, SALE OR USE OF ANY OR PRODUCT PURCHASED THROUGH THE WEBSITE.

 

If you are a California resident, you hereby acknowledge and represent that you understand the full nature, extent and import of California Civil Code §1542 and of these Terms of Use. Accordingly, you acknowledge and agree that you waive and relinquish any and all rights or benefits that you have, had, or may have had under California Civil Code §1542, which provides: 

“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

 

7. Miscellaneous.

 

7.1 To login, browse products, and enable the OSHARE HEALTH PRODUCTS shopping cart application, you will need to set your web browser to allow cookies. You acknowledge that your failure to do so may adversely impact your shopping experience. You also acknowledge that using a slow Internet connection may negatively affect your experience using the Website and that OSHARE HEALTH PRODUCTS is not liable to you in any such case.

7.2 When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Website. All purchases from this Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

7.3 If you enroll in our Auto-Refill program, you authorize us to charge the credit card you provide on a recurring basis per our Auto-Refill program. If the payment dates fall on a weekend or holiday, you understand that the payments may be executed on the next business day.  You understand that this authorization will remain in effect until you cancel it in writing, and you agree to notify us in writing of any changes in your account information or termination of this authorization at least 15 days prior to the next billing date.  You certify that you are an authorized user of the credit card that you provide and that you will not dispute the scheduled payments with my credit card company provided the transactions correspond to the terms indicated in this authorization.

7.4 YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE AND THE INFORMATION AND OSHARE HEALTH PRODUCTS’ CONTENT ARE FOR INFORMATIONAL PURPOSES ONLY. DESPITE OUR EFFORTS, IF ANY, TO PROVIDE USEFUL AND ACCURATE INFORMATION, ERRORS MAY APPEAR FROM TIME TO TIME, AND YOU AGREE THAT OSHARE HEALTH PRODUCTS IS NOT LIABLE FOR YOUR RELIANCE ON SUCH ERRORS. BEFORE YOU DECIDE TO ACT ON ANY CONTENT OR INFORMATION YOU FIND ON THE WEBSITE, YOU SHOULD INDEPENDENTLY CONFIRM ANY FACTS THAT ARE IMPORTANT TO YOUR DECISION. THE WEBSITE MAKES NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS OR COMPLETENESS OF THE INFORMATION OR CONTENT ON THE WEBSITE. OSHARE HEALTH PRODUCTS IS NOT RESPONSIBLE FOR ANY TYPOGRAPHIC ERRORS IN THE WEBSITE, CONTENT OR PRODUCT INFORMATION.

7.5 Any offer for any feature, product or service made on the Website is void where prohibited. OSHARE HEALTH PRODUCTS administers and operates the Website from its location in Boca Raton, Florida, USA or from various locations inside and outside of the United States. OSHARE HEALTH PRODUCTS reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. We make no representation that the Website or its content (including, without limitation, any products or services available on or through the Website) are appropriate or available for use in other locations. Users who access the Website from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Website may be downloaded in violation of United States law.

7.6 You acknowledge and agree that any failure of OSHARE HEALTH PRODUCTS to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by OSHARE HEALTH PRODUCTS of any provision or any right it has to enforce this Agreement, nor shall any course of conduct between OSHARE HEALTH PRODUCTS and you or any other party be deemed to modify any provision of this Agreement.

 

7.7 You acknowledge and agree that you and OSHARE HEALTH PRODUCTS are independent contractors, and have no agency, partnership, joint venture, employer-employee, franchisor-franchisee or other relationship with each other. You further acknowledge and agree that the relationship between OSHARE HEALTH PRODUCTS and every other user of the Website is that of independent contractors, and that OSHARE HEALTH PRODUCTS has no agency, partnership, joint venture, employer-employee, franchisor-franchisee or other relationship with any other user of the Website.

 

7.8 When you use any OSHARE HEALTH PRODUCTS’ Website, or send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You have the right to withdraw this consent, but if you do, we may cancel your account. You agree that we may provide required information to you: (a) by e-mail at the e-mail address you provided to us; (b) by access to a website that will be designated in an e-mail notice sent to you at the time the information is available. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the Website, you agree that you will have, or have access to, the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you must stop using the Website. You may give notice to us by electronic mail to custumer.support@osharehealth.com or by U.S. Mail to OSHARE HEALTH PRODUCTS, LLC, 1730 S. Federal Hwy suite 240, Delray Beach, FL 33483.

 

7.9 You acknowledge and agree that OSHARE HEALTH PRODUCTS may preserve any transmittal or communication by you with OSHARE HEALTH PRODUCTS through the Website or any service offered on or through the Website, and may also disclose such data if required to do so by law or OSHARE HEALTH PRODUCTS determines that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement, (c) respond to claims that any such data violates the rights of others, or (d) protect the rights, property or personal safety of OSHARE HEALTH PRODUCTS, its employees, Users of or visitors to the Website, and the public.

 

7.10 Except as explicitly stated otherwise, any notices shall be given by postal mail to OSHARE HEALTH PRODUCTS; Attn: Legal Department (in the case of OSHARE HEALTH PRODUCTS) or, in your case, to the email address you provide to OSHARE HEALTH PRODUCTS (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, OSHARE HEALTH PRODUCTS may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to OSHARE HEALTH PRODUCTS. In such case, notice shall be deemed given three days after the date of mailing.

 

7.11 If any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of this Agreement, so that this Agreement shall remain in full force and effect.

7.12 For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in Palm Beach County or in the District of Florida, Southern District. Use of the Website is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this Section. A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

7.13 You and OSHARE HEALTH PRODUCTS agree that any cause of action arising out of or related to the Website (including, but not limited to, any products purchased from the Website or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

 

7.14 OSHARE HEALTH PRODUCTS reserves the right to modify or terminate the OSHARE HEALTH PRODUCTS Website for any reason, without notice, at any time. OSHARE HEALTH PRODUCTS reserves the right to alter these Terms of Use, this Agreement, our service policies, or other Website policies at any time, so please review the policies frequently.

 

7.15 These Terms of Use shall apply with equal force and effect to all mobile applications or the mobile version related to the Website.

 

7.16 OSHARE HEALTH PRODUCTS, and other OSHARE HEALTH PRODUCTS’ graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of OSHARE HEALTH PRODUCTS, LLC in the U.S. and/or other countries. OSHARE HEALTH PRODUCTS’ trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

 

7.17 Trademarks, service marks, graphics, logos and other commercial identifiers used in connection with the Website are the trademarks of their respective owners. You are granted no right or license with respect to any of these trademarks or any use of such trademarks.

 

OSHARE HEALTH PRODUCTS, LLC. All rights reserved.

Effective Date: October 21, 2013.

 

PRIVACY STATEMENT

OSHARE HEALTH PRODUCTS, LLC

ZOBRIA respects the privacy needs and concerns of our customers. That is why how we handle any personal information, such as your name, address, email address or phone number ("Personal Information") that you provide to us is important to us. This Privacy Statement describes the Personal Information we gather about you, what we do with it, the safeguards we have in place to protect it, and how you can control our use of it. By using www.Zobria.com (the “Website”), the user agrees, without limitation or qualification, to be bound by this Privacy Statement.

When you provide Personal Information to us, you are consenting to the manner in which ZOBRIA will collect, use, disclose and otherwise manage your Personal Information, as set out below.

Who May Use the Website.  The Website is not intended or designed to attract users under the age of 18. We do not collect Personal Information from any person we know to be under the age of 18. If you are under 18, we ask that you not send us any Personal Information.

The Website is intended for users from the United States and those not governed by privacy policies of other countries. Users from the European Union are advised not to disclose Personal Information to ZOBRIA. Information sent to us will be housed on servers located in the United States. Do not send us information unless you consent to the application of U.S law and to the use and disclosure of your information consistent with this Privacy Statement.

Collection and Use of Personal Information.  We may collect Personal Information that you provide us when you:

  • Purchase, order, return, exchange or request certain information about our products and services;
  • Contact our customer service desk;
  • Visit or register with our Website or participate in another feature of our Website; or
  • Provide us with comments or suggestions.

We may also collect Personal Information about you from our Service Providers who provide us with e-commerce related services related to the Website.

Customer Service.  When you call Customer Service (1-855-962-7428) about a product, delivery, billing question or for other customer service, you may be asked for Personal Information that identifies you along with additional information we need to help us promptly answer your question, such as your name and address and a phone number where we might contact you. We may retain this information to assist you in the future.

Site Registration.  Registration is an optional service provided by our Website. You do not have to register to browse on our Website, but you do have to register to purchase products on our Website. When you register, you are asked for information such as your name, address, phone number, e-mail address, a password that you select, and your interests, if you choose to register them. Your registration information may be used to help make your online shopping quicker and easier, by pre-filling certain parts of your shopping information. When you register you will have the opportunity to sign up for future marketing information from ZOBRIA.

Other Uses of Personal Information.  ZOBRIA also uses Personal Information, including information provided to us from our Service Providers, to continually assess and improve the products and services we offer. To serve you better, we may combine the Personal Information that you give us with publicly available information and information we receive from or cross-reference with our marketing partners and others. We use that combined information to enhance and personalize your shopping experience with us, to communicate with you about our products and events that may be of interest to you, and for other promotional purposes.

Promotional Information and Marketing Materials.  We would like to inform you of products and services, sales and special offers that might benefit you. When you register online or participate in a survey, you will have the opportunity to sign up for e-mails about our products, services, sales and special offers.

We may also send you mail, email or call you with information about our product and service offerings if you have provided us with your name and address, email address or phone numbers at our Website. If you would like to stop receiving such promotional information from ZOBRIA, please see the "Privacy Preferences/Opt-Out" section of this Privacy Statement.

Disclosure of Personal Information.  We may enter into marketing relationships with advertisers or other companies that provide products or services that we believe may be of interest to ZOBRIA customers. We may share your Personal Information with those marketing partners in order to help them send you information that we believe will be of interest to you. We may share non-identifiable aggregated information with these companies. We will not disclose your telephone number, credit card account information or e-mail address for these purposes. We may also provide Personal Information to any of our affiliated businesses.

Access to Personal Information by Companies that Work with or on Behalf of ZOBRIA.  Some of our operations may be managed by Service Providers who are unaffiliated companies. These companies may share Personal Information with their affiliates and with service providers whom they engage to perform services related to our Website or the operation of our business. Examples of these services include payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, Website evaluation, data analysis and, where applicable, data cleansing. These companies may have access to your Personal Information on a confidential basis only to the extent necessary to perform their functions. In no event will we authorize these companies to use your Personal Information for any reason other than to provide you with those specific services.

If your purchases are being shipped to you, your shipping information will be shared with our delivery service providers (U.S. Postal Service, UPS, or other delivery companies we or you select). Our delivery service providers are asked not to use your Personal Information for any purpose other than making the delivery.

Sale of Business.  In the event that our company or some of our company assets are sold or transferred or used as security, your Personal Information may be transferred to third parties as part of that transaction.

Disclosures of Personal Information in Legal Proceedings.  If we or any of our Service Providers are requested by law enforcement officials or judicial authorities to provide Personal Information on individual users, we or the applicable Service Provider may, without your consent, provide such information. In matters involving claims of personal or public safety, we or the applicable Service Provider may provide your Personal Information to appropriate authorities without your consent or court process. We or our Service Providers also will provide your Personal Information in response to a search warrant or other legally valid inquiry or order, or to an investigative body in the case of a breach of an agreement or contravention of law, or in litigation involving us, the applicable Service Provider, or otherwise as required by law. We may also disclose Personal Information to assist in debt collection where you owe a debt to us.

Access to Personal Information.  You may request access to the Personal Information that we have about you. If you are a registered user with our Website, you can access your profile information at any time by clicking on the "My Account" link at the top of any page on the Website on which you registered.

Privacy Preferences / Opt-Out.  You may also change your marketing preferences or remove yourself from our mailing list by clicking on an "unsubscribe" hyperlink contained in promotional emails we send you or by contacting Customer Service at 1-855-962-7428

Visiting Our Website.  In general, you can visit our Website without telling us who you are or providing us with any information. However, we collect the IP (Internet protocol) addresses of all visitors to our Website and other related information such as page requests, browser type, operating system and average time spent on our Website. We use this information to monitor and improve our Website.

Cookies and Tracer Tags.  Our Website use a technology called "cookies". A cookie is a tiny element of data that our Website can send to your browser, which may then be stored on your hard drive so we can recognize you when you return. All pages on our Website where you are prompted to log in or that are customizable require that you accept cookies. If you have registered with our Website, these cookies (1) may let us know who you are, (2) are necessary to access your account information (stored on our computers) in order to deliver products and personalized services, and (3) will provide us and our Service Providers with information that we will use to personalize our Website in accordance with your preferences. Cookies are also required to optimize your shopping experience in that they allow you to add multiple items to your shopping basket before checking out. You may set your Web browser to notify you when you receive a cookie. However, should you decide not to accept cookies from our Website, you will limit the functionality we can provide when you visit our Website.

Tracer Tags: Our Website may also use a technology called "tracer tags". These may also be referred to as "Clear GIFs" or "Web Beacons". This technology allows us to understand which pages you visit on our Website. These tracer tags are used to help us optimize and tailor our Website for you and other future website visitors.

Security of Personal Information.  We maintain administrative, technical and physical safeguards to protect against unauthorized access, use, modification and disclosure of Personal Information in our custody and control. However, even with the best technology, no website is 100% secure. We will take reasonable measures which we believe are appropriate to protect your Personal Information from loss, misuse, alteration or destruction, and, where possible, will ask that any third parties to whom we may transfer such information to take comparable steps to protect that security.

Secure Shopping.  When you place orders on our Website, all of your order information, including your card number and delivery address, is transmitted through the Internet using Secure Sockets Layer (SSL) technology. SSL technology causes your browser to encrypt your order information before transmitting it to our secure server. SSL technology, an industry standard, is designed to prevent someone other than operators of our Website from capturing and viewing your Personal Information.

  1.  To provide you with an increased level of security, online access to your Personal Information is protected with a password you select. We strongly recommend that you do not disclose your password to anyone. ZOBRIA will never ask you for your password in any unsolicited communication (including unsolicited correspondence such as letters, phone calls or e-mail messages).

Our Privacy Statement and Outside Links.  This Privacy Statement only applies to our Website. Our Website may include links to the website of our business partners, vendors and advertisers. These other websites are outside of our control. Please be aware that these websites may collect information about you, and operate according to their own privacy practices which may differ from those contained in our Privacy Statement. Remember to consult that website's own privacy policy, as once you are outside any of the Website, any information you submit is no longer in our control.

Privacy Statement Modifications.  From time to time we may modify or amend this Privacy Statement in order to comply with new laws or regulations or to reflect future changes in our business practices. Any changes in our policies will be communicated in this page so please check back on occasion. We also may post a notice on our Website or send an email describing the changes.

Contacting Us.  If you have any questions about our handling of Personal Information, please contact us at ZOBRIA, customer.support@osharehealth.com. Alternatively, you may call us toll-free at 1-855-962-7428.

Your California Privacy Rights-California Residents. If you are a resident of California, in addition to the rights set forth above, you have the right to request information from us regarding the manner in which we share certain categories of personal information with third parties. California law gives you the right to send us a request at a designated address to receive the following information:

  1. The categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year;
  2. The names and addresses of the third parties that received that information; and
  3. If the nature of the third party's business cannot be determined from their name, examples of the products or services marketed.

We may provide this information in a standardized format that is not specific to you. The designated e-mail address for these requests is customer.support@osharehealth.com.

 

Last Updated: October 21, 2013

 

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