Terms of use

Last updated August 01, 2022

Welcome to the Kiffer Labs websites . Websites which are covered include, without limitation, Kifferlabs.com. Kifferlaboratories.com and any sub-domains or successors thereto which are owned and controlled by Company and dedicated to KifferLabs (collectively, the “Sites”).

BEFORE USING THE SITES, PLEASE CAREFULLY REVIEW THE FOLLOWING TERMS AND CONDITIONS OF USE, WHICH GOVERN YOUR USE OF THE SITES (the “Terms of Use”). Your use of the Sites is contingent upon your review and agreement to the Terms of Use, Privacy Policy (as defined herein), and other posted related policies (the “Policies”). If you do not agree to the Policies then you are not permitted to utilize the Sites. Company reserves the right to modify the Policies including but not limited to these Terms of Use at any time and from time to time without notice. If we do change the Terms of Use, we will post the changes to the Sites and will indicate at the top of this page the effective date of the new Terms of Use. Your use of the Sites constitutes your agreement to be bound by the Policies and we encourage you to therefore review them periodically.

YOU ACKNOWLEDGE AND AGREE THAT THE POLICIES REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

You acknowledge and agree that the Policies are supported by good and valuable consideration including but not limited to permitting your use of the Sites and receipt of data and information, as well as the potential publicity and promotion received from any Postings (as defined herein).

The Sites are intended for users from the United States only. Users from the European Union or outside of the United States are advised not to disclose personal information to Company.

The Sites are offered and available to users who are eighteen (18) years of age or older. By using the Sites, you represent and warrant that you are of legal age to form a binding contract with Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Sites.

Modifications to the Sites and Limited Promotions

Company reserves the right in its sole discretion, at any time and from time to time without notice to change, modify, alter, suspend or discontinue any feature, service, product, content or functionality offered through the Sites (“Modifications”). Such Modifications may include but are not limited to offering opportunities or promotions to some but not all users of the Sites; adding premium features with or without charge; requiring registration or verification for use of any feature; or discontinuing any part or all of the Sites. 

Company reserves the right in its sole discretion, at any time and from time to time without notice to change, modify, alter, suspend or discontinue any feature, service, product, content or functionality offered through the Sites (“Modifications”). Such Modifications may include but are not limited to offering opportunities or promotions to some but not all users of the Sites; adding premium features with or without charge; requiring registration or verification for use of any feature; or discontinuing any part or all of the Sites. 

Please note that special terms of use may apply to particular promotions or activities contained or offered on the Sites (each a “Limited Promotion”), which such terms shall be posted in connection with the Limited Promotion. The terms for the Limited Promotion shall be incorporated into and made a part of the Terms of Use and Policies for the term of the Limited Promotion, provided that in the event of a conflict between the terms for the Limited Promotion and the Policies, the terms for the Limited Promotion shall control.

Minor Use of the Site

The Sites are not directed to children under the age of thirteen (13), and we will not knowingly collect personally identifiable information from children under thirteen (13). Further, you must be eighteen (18) years or older to register to use the Sites and make any purchase in connection thereto. By registering or purchasing any product or service, you represent and warrant that you are eighteen (18) or older and authorized to enter into the transaction contemplated therein and you agree to abide by any such restrictions, and not to help anyone avoid such restrictions. WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN’S EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSER’S PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.

Copyright Complaints

Company respects the intellectual property of others and has adopted and implemented a policy that provides for the reporting of any Materials or Postings, which you believe infringes your copyright. In the event you have a good faith belief that your work has been copied or that any Materials or Postings infringe your copyrights, please provide Company’s copyright agent listed below with the following information in writing:

  • Identification and description of the infringing material or activity along with information sufficient to identify the location on the Sites of such material or activity;
  • Identification and description of the copyrighted work that you claim has been infringed;
  • Your name, address, telephone number and email address;
  • A statement by you that you have a good faith belief that the use in the manner complained of is not authorized by the copyright owner, its agent or the law;
  • A statement made by you, under the penalty of perjury that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of the exclusive right which is being infringed; and
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright.

Company’s copyright agent for notice of claims of copyright infringement for the Sites is as follows:

  • An identification of the Postings or material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement from you under the penalty of perjury, that you are the copyright owner, licensee or otherwise have a good faith belief that the Postings or material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
  • Your name, address, telephone number and email address;
  • A statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district, and that you will accept service of process at the address above from the person who provided notification of allegedly infringing material or an agent of such person; and
  • Your electronic or physical signature.

It is our policy to terminate relationships with third parties who repeatedly infringe the copyrights of others.

If you fail to comply with all of the requirements of Section 512(c)(3) of the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), your DMCA notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Sites is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Links to Other Web Sites and Services

The Sites may contain links to other websites. Kiffer Labs  is not responsible for the content, accuracy, or opinions expressed in other websites, and other websites are not investigated, monitored, or checked for accuracy or completeness by Company. Inclusion of any linked website on or through the Sites does not imply our approval or endorsement of the linked website or any products or services contained therein. We strongly advise that you properly investigate before accessing any linked website or engaging in any use or transaction therewith. Such linked websites are not controlled by Company and are subject to different terms of use or privacy policies.

If you decide to leave the Sites and access other websites EVEN THROUGH A LINK ON THE SITES, you do so at your own risk, and Company specifically disclaims any and all liability related thereto including but not limited to the accuracy, legality or decency of any materials contained on such sites.

Linking to our Sites

You may link to our Sites, provided you do so in a way that is fair and legal, does not directly or indirectly imply a relationship with or endorsement by the Company, and does not damage and/or take advantage of Company’s reputation, which shall be determined by Company in Company’s sole discretion. You must not establish a link from any website that is not owned by you. The Sites must not be framed on any other site. We reserve the right to withdraw linking permission at any time.

Disclaimer of Warranties

The Materials provided on this website are for informational purposes only and are not intended to convey medical advice, or be a substitute for the services or advice of a licensed professional. We strongly encourage you to seek the advice of a licensed professional regarding any mental or physical health or wellness questions prior to taking any dietary and nutritional products or engaging in any other activity discussed on the Sites. Company is not responsible for any incorrect or inaccurate content posted on the Sites, whether posted by users of the Sites, or by any of the equipment or programming associated with or utilized by the Sites. Company is not responsible for the conduct, whether online or offline, of any user of the Sites. The Sites may be temporarily unavailable from time to time for maintenance or other reasons. Occasionally there may be information on the Sites that contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, 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 on the Sites is inaccurate at any time without prior notice (including after you have submitted your order). Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email, or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users.

You understand that we cannot and do not guarantee that files for downloading from the internet or the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Sites for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SITES, OR ON ANY WEBSITE LINKED TO THE SITES.

YOUR USE OF THE SITES, ITS CONTENTS AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES including but not limited to the Materials and Postings ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET OR EXCEED YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURER, DISTRIBUTOR, AND SUPPLIER, IF ANY. THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS DUE TO NORMAL WEAR AND TEAR, PRODUCT MISUSE, ABUSE, MODIFICATION, IMPROPER SELECTION, NON-COMPLIANCE WITH ANY CODES, AND MISAPPROPRIATION.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

Limitation of Liability

IN NO EVENT WILL THE COMPANY, ITS PARENTS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, ANY WEBSITES LINKED FROM THE SITES, ANY CONTENT ON THE SITES OR OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

Domestic Use; Export Restrictions

Company controls the Sites from its offices located within the United States of America. Company makes no representations that the Sites, Materials or products and services available thereon are appropriate for use in other locations outside the United States. Users who access the Sites from outside the United States of America do so upon their own accord and are solely responsible for compliance with local laws. No Materials may be downloaded in violation of United States export control laws, which prohibit the exportation of certain technical data and software to certain territories.