Website Use
By using the Website and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you use the Website, you affirm that you have the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms.
Privacy & Security Disclosure
Our Privacy Policy may be viewed at https://claritymd.co/pages/privacy-policy. The Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms.
General Conditions and Website User Conduct Restrictions
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Website or any material on it.
You agree not to use or attempt to use the Website or any products or services in any unlawful manner or for any unlawful purpose. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to, hacking, publishing abusive or defamatory material, violating applicable laws, infringing intellectual property rights, submitting false information, transmitting malicious code, collecting personal information of others, interfering with security features, or committing any other unlawful act.
Clarity MD reserves the right to terminate your access to the Website or any of its services if it determines that you do not comply with these Terms, provide false or incomplete information, engage in conduct that harms Clarity MD’s rights or interests, or for any or no reason whatsoever without prior notice to you.
Products Sold for Personal Use Only
You agree that any products or services you purchase from Clarity MD on or through the Website will be used for your personal, non-commercial use. You agree that you will not resell, redistribute, modify, or export any product that you order from the Website. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
No Medical Advice and Accuracy of Information
The material on the Website is provided for general informational purposes only and is not intended as medical advice or as a substitute for seeking advice from a qualified healthcare provider. The statements made on this Website have not been evaluated by the Food and Drug Administration. You should consult your healthcare provider before using any information provided by Clarity MD.
While we endeavor to provide accurate and current information on our Website, there may be information that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, 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 at any time without prior notice.
Clarity MD does not make any guarantee that you will accomplish your health and wellness goals. Your results may vary depending upon a variety of factors unique to you, such as your age, health, and genetics.
Modifications to the Website and Prices
We reserve the right to modify or discontinue access to the Website, or any part or content thereof, without notice at any time. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of access to the Website.
All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Any offer for any product or service made on this Website is void where prohibited.
Payment; Subscription Billing
All charges are in U.S. Dollars. By submitting payment information to us, you represent and agree that you are fully authorized to use that card or account, all payment information provided is complete and accurate, you will be responsible for any payment card fees, and sufficient funds exist to pay us the amount due.
If you sign up for one or more subscriptions, the payment card that you provide at checkout will be billed when you checkout and automatically billed thereafter in accordance with the subscription terms you agreed to, unless you cancel within two business days of the next billing date. You may cancel online anytime by emailing us or by logging in to your user profile and manually cancelling your subscription.
Order Placement and Acceptance
Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. We reserve the right to accept or deny shipment to anyone for any reason. In the event we deny your order, you will receive a refund to your original form of payment.
Shipping
Clarity MD ships to addresses located in the United States and internationally. Orders generally ship within five to fourteen business days. Delivery times for orders vary based on location. Please visit https://claritymd.co/pages/shipping-policy for additional terms that may apply to your order.
Accurate shipping address and phone number are required. We are not responsible for late shipments or missing shipments if you enter incorrect shipping address information. If you discover that you have made a mistake with your order after it has been submitted, please contact Customer Support immediately.
Delivery Confirmation
Because many instances may occur at your delivery address that are beyond our control, you agree that any delivery confirmation provided by the carrier is sufficient proof of delivery, even without a signature.
Returns and Refunds
Clarity MD wants you to be satisfied with your experience with us, so we have made returning or exchanging products easy. If you receive the wrong item or if it arrives damaged or defective, please visit our Website for additional information about how to return or exchange a product or request a refund. All sales are final after ninety days from order fulfillment.
Once we confirm your request, it generally takes five to ten business days to process your refund. Once a return is processed, it may take additional time for the return to be posted to your account, depending on your financial institution. Please visit https://claritymd.co/pages/refund-policy for additional terms that may apply to your order.
Social Media
This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on third-party social media platforms. The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use.
Disclaimer of Warranties
Except where prohibited by law, this Website and all products provided are provided on an “as is,” “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose.
We make no, and expressly disclaim any and all, representations and warranties as to the reliability, timeliness, quality, suitability, availability, accuracy, and/or completeness of any information on this Website.
Disclaimer of Liabilities
Except where prohibited by law, in no event shall Clarity MD or any of its officers, directors, shareholders, employees, independent contractors, and/or agents be liable for any indirect, special, incidental, exemplary, consequential, punitive, or any other damages, fees, costs, or claims arising from or related to this Agreement, the Privacy Policy, the products, or your or a third party’s use or attempted use of the Website or any product.
If, notwithstanding the limitations of liability set forth above, Clarity MD is found liable under any theory, Clarity MD’s liability and your exclusive remedy will be limited to USD $500.00.
Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver
Please read this provision carefully; it requires you to arbitrate any dispute or claim between you and Clarity MD on an individual basis.
You agree that any dispute or claim arising from or relating to this arbitration provision, Clarity MD’s Privacy Policy or Terms, advertising or marketing practices, products, or services shall be submitted to binding, final, and confidential arbitration before a single arbitrator administered by the American Arbitration Association under its Consumer Arbitration Rules.
Unless you timely opt out, you will not have the right to have a court or jury decide your dispute or claim, participate in a class action, act as a private attorney general, or join or consolidate your dispute or claim with the dispute or claim of any other person.
You may opt out of arbitration within 30 days of the date that you purchased a product or service through Clarity MD’s Website by sending a letter to: Clarity MD Attn. Legal Department, 3140 W Main Street, Riverton, WY 82501 stating your name, the product you purchased, and your intent to opt out of arbitration.
Indemnification
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Clarity MD, its parent, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands, and costs of any kind arising out of or related to your breach of these Terms, breach of representations or warranties, or violation of any law or third-party rights.
Third-Party Websites and Links
Our Website may include materials from third parties or links to third-party websites. We are not liable for any third-party materials or websites, nor for any harm or damages related to the purchase or use of goods, services, resources, content, or other transactions made in connection with any third-party websites.
Testimonials, Reviews, and Other Submissions
Anything you submit or post to the Website and/or provide us, including photographs, testimonials, ideas, questions, reviews, comments, and suggestions, will be treated as non-confidential and nonproprietary. You grant us the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use such submissions by any means and in any form.
You agree that any Submission that you provide us is true and accurate in all respects and does not infringe or interfere with the intellectual property rights of any third party. Testimonials do not represent the generally expected user experience.
Digital Millennium Copyright Act Notice; Intellectual Property Rights
DMCA Notice
This Website maintains specific contact information for notifications of claimed infringement regarding materials posted to this Website. Notices should be addressed to:
Clarity MD
Attn: DMCA/Copyright Agent
3140 W Main Street, Riverton, WY 82501
Tel: (985) 466-7745
Email: support@claritymd.co
In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include a description of the copyrighted work, description of the infringing material, your contact information, a good faith statement, a statement signed under penalty of perjury, and a physical or electronic signature.
Intellectual Property Rights, License
The audio and video materials, images, photographs, articles, opinions, text, graphics, logos, layouts, designs, interfaces, software, data compilations, and other content associated with the Website are owned or licensed by and to Clarity MD or other authorized third parties and are protected by intellectual property, copyright, trademark, trade dress, and other laws.
You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with these Terms. Except as expressly authorized by us in writing, you may not copy, store, distribute, display, perform, license, sublicense, modify, or otherwise exploit any part of the Website or Content.
Copyright and Trademarks
The copyright in all materials provided on the Website is owned by Clarity MD or its affiliate(s). The trademarks, service marks, and logos used and displayed on the Website are registered or unregistered trademarks of Clarity MD. Nothing on the Website shall be construed as granting any license or right to use any Trademark displayed on the Website without prior written consent.
Electronic Communications
You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
Assignment
You may not assign any of your rights under these Terms, and any such attempt will be null and void. Clarity MD and its affiliates may transfer contractual rights and obligations pursuant to these Terms if some or all of Clarity MD’s business is transferred to another entity by merger, sale of assets, or otherwise.
No Waiver
No waiver by Clarity MD of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.
Severability
If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms.
Termination
In the event that we terminate this Agreement, Sections 2-5, 13-16, 19-25, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.
Entire Agreement
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and Clarity MD and supersede and replace any prior or contemporaneous agreements.
Questions or Additional Information
Please contact Customer Support if you have any questions concerning your purchase. Additional information can be located on our Website.
ZDB INTERNATIONAL HOLDINGS LLC
Email: support@claritymd.co
Tel: +1 (985) 466-7745