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Terms of Service

NOTICE: PLEASE REVIEW THE TERMS AND CONDITIONS OF THE FOLLOWING AGREEMENT BETWEEN YOU AND RICO-PEREZ PRODUCTS, INC. BEFORE YOUR USE OF OUR WEBSITE. IF YOU USE OUR WEBSITE THEN YOU AGREE TO BE BOUND AND ACCEPT THE TERMS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND AND ACCEPT THESE TERMS THEN PLEASE STOP USING OUR WEBSITE.

 

This Terms of Use Agreement ("Agreement") for the Rico-Perez Products, Inc. website ("Site") contains the agreement between Rico-Perez Products, Inc. (collectively, "Rico-Perez Products, Inc." or "we" or “us” or “our”) and each user (“you” or “your” or "user") which governs your use of this Site. By your use of this Site, you hereby certify that you agree to the terms and conditions of this Agreement. If the Agreement is not acceptable to you, then please do not use the Site.

 

  1. Changes.             Please be advised that we may change the terms and conditions in this Agreement at our discretion by updating or revising this Agreement from time to time. In all events, it is your responsibility to check the Site on an ongoing and continuing basis to ensure that you are in agreement with the latest terms of the Agreement, as they are binding on you. Please note that your use of the Site after any such changes acknowledges your agreement that you accept any changes to the Agreement, as well as to the Agreement, itself. Additionally, all of the contents, products, and prices set forth in the Site are subject to change at any time without notice.

 

  1. Approximations.        Weights, measures, and other descriptions are approximations and are provided for convenience only. We cannot guarantee that the image you see of any product on our Site will be the same character, quality, or likeness of the product that you actually purchase. Simply because a product is listed on our Site for sale does not mean that we currently have that product in stock at the time of your purchase.

 

  1. Products.             This Site, and/or the products, information and other content provided on and through this Site, including our groupings of products into convenience/informational-only categories, are for informational purposes only and are not intended to provide medical advice, diagnosis or treatment. Please consult with your physician or other healthcare professional (collectively, "Medical Provider") regarding any and all medical or health-related diagnosis or treatment options. Also, please consult your Medical Provider about any of our products, and whether or not your usage of them will be beneficial or harmful to your health and any condition that you may have. Additionally, any grouping of products on the Site into categories are for informational and convenience purposes only, and do not constitute medical advice or treatment. You must always consult with your Medical Provider regarding the use of any of our product in connection with your health, as well as any interactions between any medication you are taking and our products. We do not guarantee or make any representations regarding the effectiveness of our products in connection with any health or medical issues. Prior to using our products please read all information provided on, or in any product label or packaging or otherwise. The statements made on our websites have not been evaluated by the U.S. Food & Drug Administration. Our products are not intended to diagnose, cure or prevent any disease. If you have a condition, or if a condition persists then contact your Medical Provider. You should not use the Site, and/or the products, information, services and other content provided on and through this Site for diagnosis or treatment of any health or medical issue, or in lieu of any prescription, medication, or other treatment. Rico-Perez Products, Inc.’s employees do not have a medical background, and are not authorized to provide you with any health or medical advice, including health or medical information about our products. It is your responsibility to learn and obey all laws in regard to the products or services on the Site. You agree that the products ordered on the Site will be used in a lawful and legal manner. RICO-PEREZ PRODUCTS, INC. EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION AND NON-COMPLIANCE WITH ANY PRINTED DIRECTIONS

 

 

  1. Purchase/Return/ Use Policy.      By submitting your choice of authorized payment on our Site, you are authorizing us to charge you for your purchases. We reserve the right, and you agree that we may cancel your order for any reason, including without notice to you. We do not accept any return orders, and do not offer refunds. If you provide information on this Site, you agree to provide true and complete information, and agree to keep that information updated. We have the right to suspend or terminate your account and prohibit any and all current or future use of the Site (or any portion thereof) by you. You are also responsible for maintaining the confidentiality of your member login information, including your password. We do not have any responsibility for ensuring that you are the person using your account, and you are totally responsible for all activities that occur under your password or account. You also agree to be responsible for all charges resulting from the use of your account on the Site, regardless of whether those charges were authorized by you or made by you. We will not be liable for any loss or damage arising from the unauthorized use of your account with us. You agree to use the Site for lawful purposes, and that you are responsible for your use of the Site. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, VIRUSES, OR LOSS OF DATA THAT RESULTS TO YOU FROM THE USE OR VIEWING OF THE SITE. WE ARE NOT LIABLE FOR ANY DAMAGES ARISING OUT OF, OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, OR FOR ANY OTHER MATTER RELATING TO THIS SITE OR ANY THIRD PARTY WEBSITE. THIS APPLIES TO ANY TYPE OF DAMAGE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE CAUSE OF ACTION OR THEORY OF LAW. THIS LIABILITY LIMITATION SET FORTH HEREIN IS A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN RICO-PEREZ PRODUCTS, INC. AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

 

  1. Property.             You acknowledge that all materials, images, and products listed on the Site, including all elements of its design, are the property of Rico-Perez Products, Inc., and are subject to and protected by United States copyright laws and rights. Do not use or reproduce anything from the Site without the prior written authorization of Rico-Perez Products, Inc. The trademarks, service marks, trade names, and logos contained or described on this Site (including, without limitation, Rico-Perez Products, Inc.®, Dr. Rico-Perez, or Saul den Cuerpo y Alma®, and any Marks associated with any products available on the Site) are the sole property of Rico-Perez Products, Inc.

 

  1. Links.        Do not create or maintain a link from any other website to our Site without our prior written approval. Displaying this Site or any information or images from this Site on another website or in any other mediums without the prior written authorization of Rico-Perez Products, Inc. is prohibited. If we include a link to a third party website, that link does not create any partnerships, agencies, associations, enterprises, or affiliations between Rico-Perez Products, Inc. and the linked third party. Also, posting a link on the Site to a third party website does not make us responsible or liable for any information, content, or products on that website. We are also not recommending or endorsing your use of any linked third party site, or any product offered thereon or thereby. You agree that you will use these links at your own risk.

 

 

  1. Use at your own risk.          YOUR USE OF THE SITE AND THE PRODUCTS OFFERED BY US ON THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. WE TAKE NO RESPONSIBILITY TO UPDATE THE SITE WITH CURRENT PRODUCTS OR INFORMATION. WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO INFORMATION OF ANY KIND OR TYPE OBTAINED FROM RICO-PEREZ PRODUCTS, INC. OR ON OR THROUGH THE SITE SHALL CREATE ANY WARRANTY. IN NO EVENT WILL RICO-PEREZ PRODUCTS, INC., OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE DESIGN OF THIS SITE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INDIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SITE, INABILITY TO USE THE SITE, ANY PRODUCTS PURCHASED ON THE SITE, THE MISUSE OF OR PRODUCT DEFECTS REGARDING ANY PRODUCTS PURCHASED ON THE SITE, OR ARISING FROM YOUR USE OF ANY THIRD PARTY WEBSITES LINKED TO THIS SITE.

 

  1. Limitation of Liability.             IF YOU HAVE A PROBLEM WITH THE SITE OR ANY PRODUCT OR CONTENT HEREIN, YOU AGREE THAT YOUR REMEDY IS TO CEASE USING THE SITE. YOU AGREE THAT IN EVERY AND ALL EVENTS, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF RICO-PEREZ PRODUCTS, INC. TO YOU, AND YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US FOR ANY CLAIM, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT FROM RICO-PEREZ PRODUCTS, INC. ON THIS SITE THAT IS ASSOCIATED WITH SUCH CLAIM.

 

  1. Permitted by Law.             THE EXCLUSIONS AND LIABILITY SET FORTH IN THIS SITE ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IT IS YOUR RESPONSIBILITY TO CHECK TO SEE IF THERE ARE ANY SUCH PROHIBITIONS.

 

1O.      Indemnification.        You agree to indemnify, defend and hold Rico-Perez Products, Inc., its officers, directors, employees, successors and assigns, harmless against all claims, losses, demands, causes of action, damages, including any and all reasonable attorneys' fees and costs, arising from or relating to your use of the Site, any activity related to your account by you or any other person, your violation of the rights of any other party, and/or your breach of this Agreement. 

 11. United States Use.           The Site and the products described or offered on the Site are intended to be used in the United States of America. Rico-Perez Products, Inc. makes no representation that the Site or products described or offered on the Site are appropriate or available for use in jurisdictions outside the United States of America. We also do not represent that this Agreement complies with the laws of any other country. Any non-United States users use the Site at their own risk and bear the responsibility to comply with all laws of their jurisdiction. You will not access this Site from any territory where its contents are illegal.

 12.Termination.          Either you or we may terminate or suspend this Agreement at any time. No reason needs to be provided for such termination. Rico-Perez Products, Inc. reserves the right at any time and from time to time to discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice, and shall not be liable to you in such instances.   All indemnities and limitations of liability set forth in the Agreement shall survive any termination of this Agreement. 

 13.Choice of law.           This Agreement shall be governed by and construed in accordance with the laws of the State of Florida in the United States of America, without regard to its choice of law provisions. You agree to submit to personal jurisdiction in the State of Florida and further agree that any cause of action arising from or relating to the use of this Site or this Agreement shall be brought exclusively in the Federal or State Courts residing in Miami-Dade County, Florida.

 14. Trial by jury waiver.          TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND RICO-PEREZ PRODUCTS, INC. WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING OR ACTION BROUGHT AGAINST THE OTHER WITH RESPECT TO THIS AGREEMENT, PRODUCTS OFFERED OR PURCHASED ON THE SITE, OR THE SITE. IN ADDITION, NEITHER YOU NOR RICO-PEREZ PRODUCTS, INC. SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER SITE USERS, OR LITIGATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. 

 15. Time limitation for claims.            YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RLEATED OT THE USE OF THE SITE, THE AGREEMENT, OR ANY PRODUCT PURCAHSED THROUGH THE SITE MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

 16. Privacy Policy.         Our Privacy Policy which is found separately on our website is also incorporated herein.

 17. General.             If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. This Agreement is the only Agreement between Rico-Perez Products, Inc. and each user of this Site with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.  Rico-Perez Products, Inc.’s failure to exercise any right or provision of this Agreement shall not be deemed to be a waiver of such right or provision by us.

 

 

This Agreement was last updated January 7, 2015.