Phoenix Nutrition, INC. (“Phoenix Nutrition”). PRODUCTS LISTED ON THIS WEBSITE ARE INTENDED ONLY FOR PURCHASE AND SOLD BY A LICENSED PHYSICIAN AND/OR CLINIC. AS PART OF THE PURCHASE PROCESS, PHYSICIANS/CLINICS MUST REGISTER AND PROVIDE A VALID AND UNEXPIRED LICENSE.
All products are intended for EACH Patient/Individual use. The Product(s) are to be administered and or sold by a licensed physician in accordance with the licensed physician’s weight loss program after consultation, physical examination, and if deemed necessary, laboratory diagnostic testing and careful consideration of the patient’s health and/or medical and/or family and/or social history, possible side effects and any potential interaction of weight-loss products with other medications taken by the patient. Any other sale, resale, or marketing of Phoenix Nutrition's proprietary products on the internet or otherwise is strictly prohibited.
Purchaser is responsible for shipping and return charges for improperly ordered items. NO RETURNS OF OPENED PRODUCTS ARE ALLOWED. If payment is made by check and the check is dishonored, a returned check fee of $30.00 will be charged in addition to the amount of the check.
Purchaser acknowledges that Phoenix Nutrition owns all rights, title, and interest in the Products, including but not limited to all worldwide copyrights, trade secrets, trademarks, and confidential and proprietary rights therein. The purchaser also acknowledges that the Products contain Proprietary Ingredients, Blends, and Formulas belonging to Phoenix Nutrition and that nothing herein gives the Purchaser any right, title, or interest in the Products except for the Purchaser’s limited express rights related to the administering of the Products to Purchaser’s patients.
Purchaser shall be solely responsible for compliance with all applicable United States, State, County, or City laws, rules, and regulations including, but not limited to any laws or regulations established by the applicable Board(s) of Pharmacy. Purchaser agrees to keep such books and records and to take other actions as may be required by such applicable laws, rules, and regulations, and to comply with any applicable laws, rules, and regulations.
The Purchaser agrees that it shall not (a) represent that it has ownership of the Trademarks; (b) at any time do, or cause to be done, any act or thing contesting, or in any way impairing our company's right, title, and interest in such Trademarks; (c) remove from the Products any of the Trademarks or other product identification; (d) affix to the Products any other trade name or trademarks; or (e) use any of the Trademarks on any advertisement, business card, sales brochure or other documents available to the public without the prior written approval from a duly authorized representative of the Phoenix Nutrition.
PURCHASER ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL Phoenix Nutrition OR ANY OF Phoenix Nutrition's OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES BE LIABLE TO PURCHASER, ANY OF ITS AFFILIATES OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSS IN ANY WAY ARISING FROM OR RELATING TO THE USE OF OR INABILITY TO USE THE PRODUCTS OR THE PERFORMANCE OR NON-PERFORMANCE OF PRODUCTS, INCLUDING THE FAILURE OF ESSENTIAL PURPOSE.