Amlia

TERMS OF SERVICE

Last Updated: July 13, 2018

1.Acceptance of Terms

We at Amlia provide information and tools to help you better use and understand the products the you entrust with your health. The Amlia website, amlia.com, its mobile applications, APIs, data services, and all content (the “Site”) are patent-pending work belonging to Thriva (the Seattle, Washington-based company, Thriva, Inc.)

We offer this Site according to the following Terms of Service (“Terms,” “Agreement”). By accessing and using the Site, you acknowledge that you have read, understand and agree to be bound by these Terms and all applicable local laws and regulations. If you do not agree with any of these Terms, please do not use this Site or any of its content. You agree not to copy, modify, translate, adapt, or otherwise create derivative works of the service or any portion of them, nor to reverse engineer, dissemble or otherwise attempt to gain access to the source code of the service or of any portion of it to any third party for any reason.

Each time you access or browse the Site, you signify your acceptance of current Terms. By accepting these Terms you also agree to the Site Privacy Policy that is detailed in the Privacy Policy page of the Site.

Any new features or tools (“Services,” “Content”) which are added to Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting to this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

2.Permitted Users of Site

This Site is intended for persons 18 years of age or older. This Site does not knowingly collect information from persons under age 18. If you are under 18 years of age, you may not visit, or use the information on the Site.

3.Permitted Use

Amlia authorizes the use or download of a single copy of the content and materials on the amlia.com website solely for personal, individual use only, and not for commercial use.

The content and material contained on amlia.com is protected under United States laws. Any use of the content and material not expressly permitted by these Terms of Service is a breach of these Terms and may violate copyright, trademark, and other laws. All content and material is subject to change or termination without notice by Amlia’s sole discretion.

So long as you agree and comply with these Terms, you are permitted to view and use the Site and the Content.

4.Prohibited Uses

In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the site or its content: for any unlawful purpose; to solicit others to perform or participate in any unlawful acts; to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; to infringe upon or violate our intellectual property rights or the intellectual property rights of others; to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; to submit false or misleading information; to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; to collect or track the personal information of others; to spam, phish, pharm, pretext, spider, crawl, or scrape; for any obscene or immoral purpose; or to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

5.Requirements for Use

In order to use the Site, you must have compatible computing and mobile devices, access to the Internet and mobile messaging and data services, and certain necessary software. Fees and charges may apply to your use of Internet or mobile services, and you may be required to purchase hardware or software to enable your devices to access the Site. You agree that you are responsible for meeting these requirements and for your use of the Internet, any associated expenses.

6.Accounts

You may register to use the Site by providing your name and e-mail and other information requested in the “create an account” form. We may change the method of registration at our discretion. We might refuse to allow any user to open an account for any reason at our sole discretion.

You agree to supply accurate and complete information to us when creating your account and when using the Site, as well as to update such information promptly after any changes. You are responsible for any inaccuracies in the information you provide to us, or for your failure to keep such information up-to-date.

Do not share your account or login information with any third party, nor let any third party access your account. You are fully and solely responsible for maintaining the confidentiality of the login information for your account and for the security of your computer system, mobile device and all activity on your account, even if such activities were not committed by you. We may terminate your account if you let someone use your account inappropriately or if you or anyone using your account violates this Agreement.

You agree to notify us of any unauthorized use of your account. We will not be liable for any losses or damage arising from unauthorized use of the Site, and you agree to indemnify and hold us harmless for any improper or illegal use of the Site unless you have notified us via email at info@amlia.com.

7.Amlia Premium and Other Services

We may offer various subscription services, including, without limitation, the Amlia Premium subscription, and you may choose to subscribe. Payment will be charged to your designated payment method at confirmation of purchase. Your subscription will automatically renew unless you turn off auto-renew at least 24 hours before the end of the then current period. Your account will be charged for renewal within 24-hours prior to the end of the then current period, at such amount as we will notify you in advance. You may manage the subscription, and the auto-renewal may be turned off by going to your Account Settings after purchase. Any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription to that publication, where applicable.

8.Secondary Reminder Tool

The Site is intended as a helpful backup reminder system that you can personalize for taking your dietary supplements and other products. You should not rely on the Site as your primary tool for determining whether and when to take dietary supplements and other products.

As further described under “Technology” below, the Site may not function as intended. Reasons include, but are not limited, to if your device is broken or powered off, if the Site software is not enabled or if any hardware or software on your device prevents the Site from operating as intended. Maintenance of your mobile and computing devices is solely your responsibility. You acknowledge that the Site, and its alerts or notifications depends on information that you input into the Site. You are solely responsible for ensuring that the correct dietary supplements and other products is taken at the proper times and in the proper dosages.

You assume full responsibility for the use of the Site and agree that Amlia is not responsible or liable for any claim, loss, or damage arising from the use of the Site and its contents.

9.Termination of Account

This Agreement is effective until terminated by either you or us. You may terminate this Agreement at any time by discontinuing use of the Site. If you violate this Agreement, our permission to you to use the Site automatically terminates. We may, in our sole discretion, terminate this Agreement and your access to the Site at any time and for any reason, without penalty or liability to you or any third party.

In the event of your breach of this Agreement, these actions are in addition to and not in lieu or limitation of any other right or remedy that may be available to us. Upon any termination of the Agreement by either you or us, you must promptly uninstall the Site on all of your devices and destroy all content and materials downloaded or otherwise obtained from the Site whether in electronic or printed format.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or by ceasing to use the Site.

We may for any reason, in our sole discretion and without notifying you, terminate your account. Grounds for such termination may include violations of this Agreement, harassing or abusive behavior, behavior that is harmful to other users, third parties, and the community of the Site or our business interests, or for periods of inactivity. If we terminate your account, you may not register for the Site again without our express permission. If you believe that any action has been taken against your account in error, please contact us at info@amlia.com.

Amlia will fully cooperate with any law enforcement investigation or court order ordering us or directing us to disclose the identity, behavior, or activities of anyone believed to have violated this Agreement or to have engaged in illegal behavior.

You may request termination of your account at any time and for any reason by sending an e-mail to info@amlia.com.

10.Optional Tools and Third-Party Links.

Certain content, products and services available via our Site may include materials from third-parties. Links on this Site may direct you to third-party websites that are not affiliated with us. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

Any use by you of optional tools or third-party links offered through the site is entirely at your own risk and discretion. You should become familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

This information is provided for your convenience and does not endorse, sponsor or recommend any third-party material, product or service. We do not make any representations regarding the content, accuracy, completeness, decency, legality, non-infringement, quality or any other aspect of material on such third-party websites or with respect to any content, data, information, applications or materials. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. In the future, we may offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

11.User-Generated Content

If you submit information (comments, ideas, feedback concept or invention) to us through or related to the Site or send to us by e-mail, this information is not confidential. In addition, you grant us a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

With respect to the stories, images, documents, or other content or materials you upload through our Site or share with other users or recipients through our Services (collectively, “User Content”), you represent and warrant that you own all right, title, and interest in and to such User Content, including, without limitation, all copyrights, trademarks, and rights of publicity contained therein. Amlia.com does not claim ownership rights in User Content: when you upload User Content to our Site, you continue to have any ownership rights you may have in that User Content, subject to the limited license in this paragraph. By uploading any User Content, you hereby grant and will grant amlia.com and its affiliates a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable (through multiple tiers), perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify, create derivative works from, translate, and otherwise use your User Content in connection with the operation of our Site or the promotion, advertising, or marketing thereof, in any form, medium, or technology now known or later developed, including publication and use on Facebook, any other Third Party Service, on any affiliate or partner service, and in syndication. Notwithstanding the foregoing, if you are a company submitting an advertisement or coupon via the landing page, your logo will only be used on amlia.com website and marketing materials in order to identify you as a partner and for no other reason.

12.Proprietary Rights

You acknowledge and agree that the Site and its Content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights are owned exclusively by Amlia and are protected by United States intellectual property laws and other applicable laws.

13.Copyright

All content included in the Site, such as text, graphics, logos, icons, images, media, data, audio, animation, software and other information and materials, is the copyright and property of Amlia or its content suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Site for the sole purpose of communicating a personal schedule or cabinet contents; using the Site as a resource; or using the Site for personal information. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Content of the Site, is strictly prohibited.

Amlia.com respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, on our Site or otherwise within our Services, you should notify amlia.com of your infringement claim in accordance with the Digital Millennium Copyright Act as set forth below in section 15:

14.Trademarks

The trademarks, service marks, logos, slogans, trade names used on the Site are proprietary to Amlia. Unauthorized use of any trademark of Amlia may be a violation of trademark laws. Any third-party names or trademarks referenced in the Site do not constitute or imply affiliation, endorsement, or recommendation by Amlia of the third parties.

15.Claims of copyright or Intellectual Property Infringement

Digital Millennium Copyright Act of 1998 (the “DMCA”) is a United States copyright law that dictates how to respond to copyright owners who believe material appearing on the Site infringes their rights under US copyright law. We accept no responsibility or liability for any material provided or posted by a user.

If you believe that something appearing on the Site infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest you consult a legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. It is our policy to terminate the accounts of repeat infringers as appropriate.

To be effective, notification must be in writing and contain the following information:

Notifications should be sent to info@amlia.com with the Subject line: “DMCA Takedown Request”

16.No Medical Advice Provided

The contents of the Amlia Site, including as text, graphics, images, and other material contained on the Amlia Site, including all Services and Content are for informational purposes only and is not intended to substitute the advice, diagnosis, or treatment from a qualified medical professional. Always speak to your doctor, physician or other qualified medical professional with any medical questions you may have.

The absence of a warning about a dietary supplement or other product, or combinations of such with or without medication, should not be construed to indicate that a drug or drug combination is safe, appropriate or effective for you or anyone else. Furthermore, the Site is not intended to provide any dosing recommendations, and we are not responsible for any errors in dosages taken. You should carefully read all information provided by the manufacturers of the products, whether online or on the actual product labels or packaging.

Reliance on any Content or other information provided by us, our employees, our users or third parties through your use of the Site is solely at your own risk and we accept no liability.

Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding personal health, medical conditions or drugs or medications and before commencing or discontinuing any course of treatment, a dietary supplement or other product. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified healthcare provider because of any information you have received or obtained through the use of the Site. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are experiencing a medical emergency, please immediately call for emergency medical help.

Amlia does not make any representations, recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by amlia.com, Amlia employees, guest writers, editors, and invitees of amlia.com, or other visitors to amlia.com is solely at your own risk.

17.Adverse Events with Products

As is recommended for prescription medications, if you have an unexpected or negative reaction (or “adverse event”) that may be related to the use of a dietary supplement, it is important that you inform your doctor and also to report it to the company that makes or sells the product, so it can investigate the incident. The product should include the company’s phone number on the label. You can also report the problem to the United States Food and Drug Administration (FDA) at https://www.safetyreporting.hhs.gov/SRP2/en/Home.aspx?sid=784bf862-a131-4675-958d-f0b21e933d88 or your local FDA. After logging in or choosing to report as a guest, select the option “Start a new report” and choose “Dietary Supplement Report (voluntary)…”

18.Governing

These Terms shall be governed by, and will be construed under, the laws of the State of Washington, U.S.A., without regard to choice of law principles. You irrevocably agree to the exclusive jurisdiction by the federal and state courts located in or for King County, in the State of Washington, U.S.A., to settle any disputes directly or indirectly arising out of or relating to these Terms or the Site, as the most convenient and appropriate for the resolution of disputes concerning these Terms. Any cause of action or claim you may have with respect to these Terms, Amlia, the Site or its Content must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.

Amlia does not represent that the Site or Content are available or appropriate outside the United States of America.

19.Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall amlia.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. These limitations shall apply notwithstanding of any failure of essential purpose or for the existence of any limited remedy. Without limiting the foregoing, the maximum aggregate liability of Amlia arising out of or in connection with these terms of use or the site shall not exceed 100 dollars.

Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.

20.Amazon

As an Amazon Associate, Amlia earns a small commission from qualifying purchases. By virtue of your use of the Site, you may be a customer of Amazon.com. As between you and us, all pricing, terms of sale, rules, policies, and operating procedures concerning customer orders, customer service, and product sales set forth on the Amazon Site will apply to you, and they may change them at any time. Amlia will not handle or address any contacts with any Amazon customers, and, if contacted by you for a matter relating to interaction with an Amazon Site, we advise that you follow contact directions on that Amazon Site to address customer service issues.

21.Errors and Omissions

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, purpose, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice.

22.Force Majeure

Amlia shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of common carriers (including without limitation Internet service providers and web hosting providers), or shortages of transportation facilities, fuel, energy, labor or materials.

23.Severability

If any of the provisions of this Agreement are held to be not enforceable by a court of agreed jurisdiction, then such provisions shall be amended, limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

24.Indemnification

You agree to indemnify, defend and hold harmless amlia.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms and/or your use of the Site.

25.Technology

Certain items added to your Cabinet on the Site which may be personal in nature or unique to your use are not available to other users in the Global Product database and are stored only for your use.

We do not warrant or guarantee that the Site will function with your mobile or computing device or be compatible with the hardware or software on any particular devices. Information will be transmitted over a medium that is beyond our control and jurisdiction; multiple factors, including network availability, may affect alert or notification delivery or otherwise interfere with the operation of the Site. We do not warrant or guarantee against, and therefore assume no liability for or relating to, outages, any errors, omissions, delays, failures, interruptions, or corruption or loss of any data, alerts, notifications or other information transmitted in connection with your use of the Site, particularly relating to any failure of the reminder system to function as expected, including but not limited to the non-delivery of any alerts or notifications.

Without limiting the foregoing, we, our licensors, and our suppliers make no representations or warranties about the availability, accuracy, reliability, completeness, quality, performance, suitability or timeliness of the Site and its Content, including software, text, graphics, links, or communications provided on or through the use of the Site; or the satisfaction of any government regulations requiring disclosure of information on medications, or the compliance of any software tools with regard to the Site.

We have no obligation to provide technical support or maintenance for the Site. At any time and for any reason, without notice or liability, we may modify or discontinue the Site or any part of it or impose limits on your use of or access to the Site.

Although we take reasonable measures to keep the Site free of viruses, worms, Trojan horses or other code that contain destructive properties, we do not warrant or guarantee that files available for downloading through the Site will be free of such contaminations.

26.Accuracy of Billing and Account Information

We use Stripe and PayPal to process credit card payments made in respect of purchases on this website. We reserve the right to refuse any order you place with us. 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.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You understand that your content (not including credit card information), may be transferred unencrypted and involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

27.Refund Policy

By agreeing to these Terms of Service you agree to our Refund Policy (“Refund Policy”). Where you decide to cancel your subscription, you will be entitled to a refund within fifteen (15) business days from the date of receipt of your notice to us under this Refund Policy. The notice must be received by our offices and within the times set out below to be eligible for a refund.

To provide notice of your refund contact us at admin@amlia.com along with accurate billing and account information. Upon approval we will refund or exchange your product. In order to permit a refund under this Refund Policy, notice of a refund claim under this Refund Policy must be provided within the following refund window: within fifteen (15) days of purchase.

28.Entire Agreement

These Terms of Service and our Privacy Policy contain the entire agreement between you and Amlia relating to your use of the Site and supersede all prior or concurrent communications and proposals, in any form, between you and Amlia. No other terms or conditions apply, except as described elsewhere in this Agreement.

29.Privacy Policy

Your submission of personal information to the Site is governed by our Privacy Policy, which is available at https://amlia.com/privacy-policy