Welcome to https://www.getperiactive.com/ (the “Website”), an online store selling Izun Pharmaceuticals’ PeriActive oral rinse (the “Product”) to consumers in the United States and Canada. The Website is owned and operated by Izun Pharmaceuticals Corporation, a Delaware corporation (the “Company”, “we”, “our”).
Please carefully read the following terms of use and sale (the "Terms"). The Terms specify your rights and responsibilities regarding the use and purchases made through the Website.
By accessing or using the Website or purchasing the Product offered for sale on our Website, you signify your acceptance of these Terms. If you do not agree to these Terms, you may not access or use the Website in any way, and you must not order the Product through the Website.
About the Website
Subject to these Terms, users may use the Website to order and purchase the Product.
Additionally, please review the Cancellations, Returns and Refunds Policy, which forms an integral part of these Terms.
Target audience
The Website is intended only for users seeking to ship the Product to physical addresses in the United States and Canada. Therefore, we will not accept orders for Products to be shipped to destinations outside of these regions.
The Product
The Company may change the inventory and variety of items on the Website at any time. Therefore, the fact that certain items were offered for sale on the Website at some point does not guarantee that they will be offered for sale in the future as well.
The Company does not guarantee the scope, availability, or minimal variety of any item. If the Product you ordered is out of stock, the Company will inform you via phone, or the email address you provided and reserves the right to delay the shipment as long as reasonably required for the Company to replenish its stock.
Your satisfaction is important to us. If you are not satisfied with the Product you purchased, please see our Cancellations, Returns and Refund policy to learn about when and how you can return the Product and receive a refund.
Shopping Cart
The Product you selected to order on the Website will be listed in the Website’s "shopping cart" until you complete the order process or remove them from the cart. The Company may specify a minimum or a maximum quantity of Products to be purchased through the Website.
Errors in the Order Process
To provide you with the Product you ordered, we must receive your order in a proper and orderly manner, including all the details required to contact you and to ship the Product to you. The Company cannot deliver the Product ordered if the order was not properly recorded on our systems, or if it was received incorrectly, even if the source of the fault is in the Company’s computers. If you do not receive email confirmation from the Company within a reasonable timeframe from the date of the order, it’s possible that there was an error in the order. In this case, we ask that you contact the Company. We will try to work out the issue and help you to complete the order or cancel it if you prefer.
Personal Information
If you provide incorrect details when you place your order, we cannot guarantee that the Product will be delivered properly. If the product is returned to us due to incorrect delivery details you provided, you will be charged for shipping, handling, and restocking fees. Please be sure to complete accurate and up-to-date information.
The personal details you provide when making your order will be stored in the Company database and will be used in accordance with the Website's Privacy Policy.
Prices
The price of the Product appears on the Product’s page on the Website. At the checkout, sales tax will be added to that listed price, where applicable by law. You are responsible for paying all applicable taxes, charges and levies, as well as custom and duty charges that may apply when shipping to destinations outside the United States.
Prices shown include handling and shipping fees to destinations within the United States. The Company may change the shipping fees from time to time. The shipping fee applicable in relation to the order you made is the fee that was presented to you when you completed the order process.
The Company may update the prices of the Product on the Website from time to time and without prior notice. The price in effect regarding an order placed is the price that was presented when you completed the order (which includes the completion and approval of payment information). If you abandoned the ordering process, and later returned to complete it, prices may have been updated in the meantime. In that case, you will be asked to confirm the order under the updated pricing.
Although we make efforts to continuously review the prices listed on the Website, there may sometimes be an error that results in an incorrect price being displayed on the Website. In that case we will contact you after you have placed your order, inform you of the correct price of the Product and allow you to either confirm the purchase at the correct price, or cancel the order. If you cancel, we will refund the amount you were charged, back to your original payment method. In that case, we will not be under any obligation to supply the Product to you, and you will have no complaints against the Company.
The Company cannot guarantee that the prices of the Product on the Website will necessarily be the cheapest, or that the payment or shipping terms will be the most favorable.
Prohibited Purchases
You may not purchase the Product for any unlawful use. Additionally, the use of the Website to purchase the Products is limited to purchasers who are the end users of the Product. Unless otherwise approved in writing by the Company in advance, dealers, resellers and/or distributors (collectively, “Resellers”) are prohibited from purchasing the Product on the Website. All Resellers must be approved as authorized Resellers by the Company prior to purchasing and reselling the Product.
Payments, Payment Terms and Order Confirmation
Payment for the Product is made by third party payment processors Stripe (each a “Payment Processor”). The Company reserves the right to support different types of payment methods on the Website and allow the use of additional payment methods. The Website uses United States Dollars for currency. Payment Processors may offer that you complete the transaction in other currencies, subject to certain terms which are solely between you and the Payment Processor. The Company bears no responsibility in connection therewith, including with respect to any extra costs related to foreign exchange fees.
Once you have entered your payment details and completed the order process, an email confirming that we have received your order will be sent to you, along with a receipt.
If the payment information you provided is not valid, or if the Payment Processor denies the transaction, the transaction will not be completed. If the transaction completes despite one of these events occurring, the Company reserves the right to cancel the order (in which case we will notify you by email).
Shipping Times
The Company will make efforts to process and deliver the products quickly. Depending on the shipping destination. Products that are in stock will usually be handed over to be shipped to their destination within 3-5 business days after the date that the transaction is approved by the credit card company or online payment provider. Once the products are handed over for shipping, delivery within the US typically takes around [3-5] business days, and delivery to Canada typically takes around [5-7] business days. Business days exclude weekends and public holidays. If the shipping company is unable to make the delivery to your address for any reason, we will inform you and attempt to find an alternative solution that is acceptable to both parties.
The Company will not be responsible for delays in the delivery of Products because of events beyond its control, such as errors, delays, strikes, malfunctions in the computer system or telephone systems that will impair the completion of the ordering process or malfunctions in the e-mail service.
Pictures for illustration only
The images of the Product shown on the Website are presented for illustration purposes only. In addition, there may be differences in appearance, color, etc. between the Product as presented on the Website, and the Product in reality.
Product Warranty
Solely with respect to Products purchased directly from the Company through the Website, the Company warrants that they are free from defects in material and fit for their ordinary purpose, for a period of 6 months from the date of shipment (the “Warranty Period”).
THE LIMITED WARRANTIES IN THE PRECEDING PARAGRAPH ARE IN LIEU OF ANY OTHER EXPRESS OR IMPLIED WARRANTIES.
In the event of a breach of the above warranty during the Warranty Period, the Company, as your sole remedy, will, at the Company’s choice, either refund or replacement the Product. To exercise this warranty, please contact the Company at CONTACT@GETPERIACTIVE.COM with proof of purchase and a description and photograph of the nature of the breached warranty. If you tamper with the Product, or fail to follow the Product’s warning labels, the above warranty will immediately become void and cancelled. The Company does not support or make any warranties about products manufactured or supplied by third parties that you purchased through any sales channels other than directly from the Company Website. All Products purchased from third parties will be subject to the terms and conditions of those third parties and all warranties will be provided by and subject to the terms and conditions provided by the third party.
LIMITATION OF LIABILITY
TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE AND OUR STAFF SHALL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, CONTRIBUTION, INDEMNITY, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE WEBSITE OR THE PRODUCTS.
OUR TOTAL AND AGGREGATE LIABILITY TO YOU FOR DAMAGES ARISING FROM, OR IN CONNECTION WITH THE WEBSITE OR THE PRODUCT WILL NOT EXCEED THE AMOUNT YOU HAVE PAID US FOR THE PURCHASE OF THE PRODUCTS IN THE TWELVE MONTHS PRECEDING THE EVENT PURPORTEDLY GIVING RISE TO THE DAMAGE.
THE FOREGOING LIABILITY EXCLUSIONS AND CAPS DO NOT APPLY TO OUT LIABILITY FOR PERSONAL INJURY OR BODILY HARM FROM THE PRODUCT, OR OUR FAILURE TO PROVIDE YOU WITH THE REMEDIES SPECIFIED ABOVE FOR A BREACH OF WARRANTIES.
Acceptable Use of the Website
The following terms define the acceptable use of the Website. You agree to abide by all applicable laws when using the Website. You further agree that you are solely responsible for all acts or omissions associated with the access and use of the Website. While using the Website, you agree to refrain from –
Breaching the Terms or any other applicable rules and instructions that we may convey to you with respect to the Website;
Interfering with, burdening or disrupting the functionality of the Website;
Circumventing or manipulating the operation, or functionality of the Website, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Website;
Using or launching any automated system, including without limitation robots, crawlers and similar applications to collect or compile content from the Website;
Displaying the Website or any part thereof in an exposed or concealed frame, or linking to elements or portions of the Website, independently from the web pages on which they originally appear;
Displaying content from the Website, including by any software, feature, gadget or communication protocol, which may alter the content or its design;
Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
Collecting, harvesting, obtaining, or processing personal information of or about other users of the Website.
Displaying or linking the Website or any part thereof or from any website that contains pornographic content, content that encourages racism or unlawful discrimination, or that is illegal, or that its publication is illegal or that encourages illegal activity;
Linking to content from the Website, which is not the home page of the Website ("Deep Link") and displaying, or publishing such content in any other way, unless the Deep Link is linked to a full web page of the Website as is, so that the use and view of it will be completely identical to using and viewing it on the Website itself.
WE MAY EMPLOY TECHNOLOGICAL MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE USE OF THE WEBSITE.
THE WEBSITE IS MEANT TO BE USED AS IS. IT CANNOT BE ADOPTED TO THE NEED OF EACH AND EVERY PERSON. YOU WILL NOT HAVE ANY CLAIMS OR DEMANDS TOWARDS THE COMPANY REGARDING THE WEBSITE FEATURES, CAPABILITIES, LIMITATIONS OR ITS SUITABILITY FOR YOUR NEEDS AND REQUIREMENTS.
THE COMPANY MAKES AN EFFORT TO PROVIDE YOU WITH PROPER AND HIGH-QUALITY SERVICE. HOWEVER, THE COMPANY DOES NOT WARRANT THAT THE ACCESS AND USABILITY OF THE WEBSITE WILL NOT BE INTERRUPTED, THAT THE WEBSITE WILL OPERATE WITHOUT ERRORS OR WILL BE IMMUNE FROM UNAUTHORIZED ACCESS TO THE COMPANY COMPUTERS, DAMAGES, BREAKDOWNS, MALFUNCTIONS OR FAILURES.
Links
The Website may contain links to other websites, their content or other external sources, provided by third parties. We do not operate or monitor these websites and content. You may find them, or the information and content posted there inappropriate or objectionable.
BY LINKING TO A PARTICULAR WEBSITE, WE DO NOT ENDORSE, OR SPONSOR ITS CONTENT, OR CONFIRM ITS ACCURACY, CREDIBILITY, AUTHENTICITY, RELIABILITY, VALIDITY, INTEGRITY, OR LEGALITY. WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR SUCH THIRD PARTY WEBSITES OR CONTENT, OR THEIR AVAILABILITY, OR FOR ANY TRANSACTIONS MADE BETWEEN YOU AND SUCH THIRD PARTY WEBSITES.
Intellectual Property
All intellectual property rights associated with the Website and its content, including copyrights, trademarks, trade names, patents, trade secrets, work methods and processes, and any other right, are the sole property of the Company, or its third party licensors. These rights apply, among others, to information, articles, images, content, graphic design, data and its processing, the Website’s computer code and any other element concerning its operation.
It is forbidden to copy, duplicate, distribute, sell, make available, market, or translate any information, including trademarks, images, pictures, texts, and computer code from the Website, without the Company's prior, explicit and written consent.
Without derogating from the above, trademarks on the Website (whether registered or not) as well as the Website's domain name are the sole property of the Company, or respective third party owners. It is forbidden to use them without the Company's, or their respective third party owners’ prior, explicit, and written consent.
The purchase and sale of the Product will in no way be deemed to confer upon you any right, interest or license in any patents, patent applications, designs, copyrights, trademarks, service marks or trade names that Izun Pharmaceuticals and its licensors may have covering the Product. Izun Pharmaceuticals and its licensors retain all intellectual property rights in and to the Product, including the sole right to manufacture and distribute the Product.
Website Changes and Discontinuation
The Company may, from time to time, change the Website’s structure, layout, and design, as well as the scope and availability of the information, items, and content therein - all without prior notice. Changes of this type by their very nature may result in errors, glitches, or cause inconvenience of some kind. You will have no claim or demand whatsoever against the Company ensuing from the introduction of aforesaid changes, from errors, glitches or any kind of failure resulting from their introduction.
The Company may at any time, in its sole discretion, temporarily or permanently discontinue or suspend the operation of the Website or any part thereof. The Company is not obligated to give any notice prior to such discontinuation or suspension of the Website. Such discontinuation or suspension will not affect orders you have placed prior to the discontinuation or suspension.
Changes to the Terms
The Company may change the Terms, and the documents that form an integral part of the Terms, from time to time. We will notify you of changes by posting them on our Website or by other means of notification. Your continued use of the Services after the effective date of the amended Terms constitutes your consent to the amended Terms. Changes in the Terms will not apply retroactively to Products purchased prior to the effective date of the amendments.
Governing Law
Regardless of your place of residence, these Terms and your purchase and use of the Product will be governed by and construed solely in accordance with the laws of the State of New York, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than the State of New York.
If you have a complaint about the Website or the Product or about the Company, please first contact us at CONTACT@GETPERIACTIVE.COM . We will carefully review and consider your complaint.
SUBJECT TO THE EXCEPTIONS BELOW, ANY AND ALL DISPUTES, CLAIMS OR CONTROVERSIES BETWEEN YOU AND THE COMPANY REGARDING THESE TERMS OR THE PRODUCT, WHICH ARE NOT AMICABLY RESOLVED, SHALL BE SETTLED THROUGH BINDING ARBITRATION (RATHER THAN IN COURT) BY TELEPHONE, ONLINE OR BASED SOLELY UPON WRITTEN SUBMISSIONS WITHOUT IN-PERSON APPEARANCE, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA), UNDER ITS CONSUMER ARBITRATION RULES (WHICH ARE AVAILABLE AT WWW.ADR.ORG). THE SUBSTANTIVE LAW OF ARBITRATION SHALL BE THE LAWS OF THE STATE OF NEW YORK.
JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. HOWEVER, YOU MAY LODGE CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIM QUALIFIES.
THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THESE TERMS.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
PAYMENT OF FILING, ADMINISTRATION AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA'S CONSUMER ARBITRATION RULES. THESE FEES WILL BE SHARED AS FOLLOWS: ONE THIRD BY YOU AND TWO THIRDS BY US, UNLESS THE ARBITRATOR: (I) DETERMINES THAT THE CLAIMS ARE FRIVOLOUS, IN WHICH CASE THE CLAIMANT SHALL BEAR ALL SUCH FEES ARISING FROM THE FRIVOLOUS CLAIM; OR (II) DETERMINES THAT THE FEES SHOULD BE ALLOCATED DIFFERENTLY.
THE ARBITRATION WILL BE A CONFIDENTIAL PROCEEDING. NEITHER PARTY WILL MAKE ANY PUBLIC ANNOUNCEMENT OR PUBLIC COMMENT OR RELEASE ANY PUBLICITY CONCERNING THE ARBITRATION INCLUDING THE FACT THAT THE PARTIES ARE IN DISPUTE, THE EXISTENCE OF THE ARBITRATION OR ANY DECISION OR AWARD OF THE ARBITRATOR. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
YOU MAY OPT-OUT OF THE ABOVE ARBITRATION CLAUSE BY EMAILING US TO CONTACT@GERPERIACTIVE.COM, WITHIN SEVEN (7) DAYS OF YOU ENTERING INTO THESE TERMS FOR THE FIRST TIME, AN OPT-OUT NOTICE THAT IDENTIFIES YOURSELF AND CLEARLY SETS OUT YOUR CHOICE TO OPT OUT OF DISPUTE RESOLUTION BY ARBITRATION. IN CASE OF SUCH OPT-OUT, ANY AND ALL DISPUTES, CLAIMS OR CONTROVERSIES BETWEEN YOU AND US REGARDING THESE TERMS OR THE USE OF THE SERVICE, WHICH ARE NOT AMICABLY RESOLVED, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE COURTS IN NEW YORK COUNTY IN THE STATE OF NEW YORK, USA, AND THE FEDERAL DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, EITHER PARTY MAY ASSERT: (A) AN IMPLEADER CLAIM AGAINST THE OTHER PARTY IN ANY COURT OF COMPETENT JURISDICTION ADJUDICATING A THIRD PARTY CLAIM THAT IS SUBJECT TO INDEMNITY; (B) A CLAIM ALLEGING INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS (INCLUDING COPYRIGHTS AND TRADE SECRETS), IN ANY COURT HAVING GENERAL OR SPECIFIC JURISDICTION OVER THE DEFENDANT; AND (C) A COURT CLAIM FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF, IN ANY COURT HAVING GENERAL OR SPECIFIC JURISDICTION OVER THE DEFENDANT.
General
These Terms, including the additional documents referenced explicitly herein, constitute the entire agreement between you and us concerning the subject matter herein, and supersede all prior and contemporaneous negotiations and oral representations, agreements, and statements.
Failure on our part to ensure performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms.
The Company shall not be liable for any failure or delay in the performance of its obligations under these Terms, if such failure or delay is on account of causes beyond its reasonable control, including civil unrest, war, fires, floods, accidents, earthquakes, inclement weather, telecommunications line failures, electrical outages, network failures, governmental regulations or controls, casualty, strikes or labor disputes, terrorism, pandemics, epidemics, local disease outbreaks, public health emergencies, communicable diseases, quarantines, or acts of God, , for so long as such force majeure event is in effect and for a reasonable period thereafter. The Company will try to provide you with notice of the occurrence of such an event within five (5) business days of its occurrence.
You may not assign, transfer, or delegate your rights or obligations under the Terms without our prior written consent. Any attempted or actual assignment, transfer, or delegation by you, without our prior consent, shall be null and void. Where necessary due to a merger, acquisition, change of control or the sale of all or substantially all the Company’s equity or assets, Company may, upon notice to you, assign, transfer, and delegate these Terms, in their entirety, including all of its rights, performance, duties, liabilities and obligations contained herein. With such assignment, transfer and delegation, Company is irrevocably released from all its duties, liabilities, and obligations herein, provided that your rights under these Terms will not be violated by the assignment.
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law, to reflect, as closely as possible, the original intention of that provision, and the remaining provisions of the Terms shall continue to remain in full force and effect.