Last updated September 16, 2026
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity you represent (“you”) and AllergoSan USA LLC (“AllergoSan”, “Company”, “we”, “us”, or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference, (the “Terms of Use”), govern your access to and use of omnibioticlife.com (the “Site”), including any content, functionality and services offered on or through the Site as well as to your voluntary choice to submit information through the Site.
Please carefully review the Terms of Use and our privacy policy found at www.omnibioticlife.com/privacy-policy, before you start using the site. By using the Site you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree with these Terms of Use or Privacy Policy, you must not access or use the site.
THESE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES AND LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES. Click here to review the Arbitration and Dispute Resolution provision in full.
THESE TERMS ARE SUBJECT TO CHANGE AS DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS (OR ANY PORTION OF THESE TERMS), INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER, YOU MAY NOT USE THE SITE OR SERVICES AND MUST IMMEDIATELY TERMINATE YOUR USE OF THE SITE AND SERVICES.
This Site is offered and available only to users who are of legal age and status to form a binding contract and reside in the United States or any of its territories. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the 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 Site. If you are accessing or using the Site on behalf of another entity, you acknowledge that you have full authority to act on the entity’s behalf and agree to be bound by these terms.
This Site is not intended to be accessed by any person who seeks or intends to access the Site for purposes of being a “tester” plaintiff or claimant, including individual consumers or attorneys (excluding government and law enforcement attorneys or investigators) who access the Site in order to investigate, evaluate, test, and/or assess the Site’s compliance with the consumer privacy laws and regulations of any country, state, federal, international, or other jurisdiction (including, for example, to test or examine whether the Site discloses data to third parties without proper disclosure or consent), or for the purpose of creating, establishing, or gathering evidence to support claims against the Company under such laws. Even if you are accessing the Site for any other legitimate purpose besides being a “tester” plaintiff or claimant, you are NOT authorized or permitted to access the Site if one of the purposes for which you are accessing the Site is to investigate, evaluate, test, and/or assess the Site’s compliance with any consumer privacy laws or regulations or to create, establish, or gather evidence to support claims against the Company under such laws. By accessing the Site and accepting these Terms of Use, you agree that you are not accessing the Site for such purposes, and if you do access the Site for such unauthorized purposes anyways despite our clear indication to you of your lack of authorization, you agree and acknowledge that (a) you have no reasonable expectation of privacy in connection with your access to the Site, (b) you have consented to our disclosure of any data collected about you or your interaction with the Site to any third parties through cookies, pixels, web beacons, and other technology, and (c) you hereby waive and release the Company from any liability for any claims related to invasion of privacy or violation of state or federal wiretapping laws or any consumer privacy laws and regulations in connection with your access to the Site.
We may revise and update these Terms of Use from time to time in our sole discretion, including posting supplemental terms and conditions or documents. All changes are effective immediately when we post them and apply to all access to and use of the Site by you after the change is posted to the Site. However, any changes to the dispute resolution provisions set forth in the “Arbitration” section below will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Site, but such changes will apply to claims based on your access and use of the Site after the change to the “Arbitration” section is posted to the Site.
We will alert you about any changes by updating the “Last updated” date of these Terms. It is your responsibility to periodically review these Terms to stay informed of updates. Therefore, you are expected to check this page each time you access this Site, so you are aware of any changes, as they are binding on you.
The information provided on the Site, and the products available through the Site (“Products”), are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access or purchase Products through the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Company does not provide medical, nutritional, pharmaceutical, or other healthcare advice. The Company is not engaged in the practice of medicine, pharmacy, dietetics, or nutrition counseling. All Site content, including product descriptions, quizzes, recommendations, reviews, testimonials, and research summaries, is provided for general informational and educational purposes only. Site content is not intended to diagnose, treat, cure, mitigate, or prevent any disease or condition. Use of the Site does not create a healthcare provider-patient relationship.
Do not use the Site as a substitute for professional advice, diagnosis, or treatment. Do not disregard or delay seeking professional advice because of information available through the Site. Consult a qualified healthcare professional before using any Product. This is particularly important if you are pregnant, nursing, trying to become pregnant, taking medication, preparing for surgery, or have a medical condition or allergy. Company personnel cannot answer patient-specific medical questions.
In a medical emergency, call 911 or your local emergency services and do not use the Site or customer service channels.
Read and follow all Product labels. Do not use a Product if its packaging is damaged or tampered with, the Product is expired, or its label advises against use. Stop using a Product and seek appropriate care if an adverse reaction occurs.
THESE STATEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. THIS PRODUCT IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.
Individual results may vary. Testimonials and reviews do not guarantee any particular result. References to research or clinical studies are provided for general educational purposes and are not personalized recommendations or guarantees of safety or effectiveness.
Products purchased through the Site will be shipped to the address provided at checkout. You are responsible for ensuring that your shipping information is complete and accurate. The Company is not responsible for orders delivered to an incorrect address resulting from information provided by the customer.
The Company currently offers free shipping on orders exceeding $100 within the United States. Standard orders are shipped using FedEx two-business-day service. Expedited shipping options, including overnight delivery, may be available for an additional charge.
Orders placed before 12:00 p.m. Eastern Time on weekdays are typically shipped the same day. Once an order ships, you will receive an automated email containing tracking information. Shipping and delivery dates are estimates and are not guaranteed. The Company is not responsible for delays caused by the shipping carrier, weather, holidays, or other circumstances outside the Company’ control.
Once tracking information confirms that a package was delivered to the shipping address provided at checkout, the customer is responsible for the package and its safekeeping.
Except as otherwise required by applicable law, all sales are final, and Products are not eligible for return, refund, or exchange.
The Company may, in its discretion, make exceptions in appropriate circumstances. To request additional information or ask whether an exception may be available, please contact info@omnibioticlife.com or (914) 615-9914. Contacting the Company does not guarantee that a return, refund, exchange, replacement, or other accommodation will be approved. Any approved exception will be subject to the instructions, conditions, deadlines, and any applicable fees communicated by the Company.
The Company offers certain products through a recurring subscription program.
If you enroll in a subscription for recurring product purchases, your subscription and related purchases are subject to our Subscription Program Terms, which are incorporated into and made a part of these Terms of Use by reference. By enrolling in or using any subscription, you agree to be bound by the Subscription Program Terms in addition to these Terms of Use. Please review the Subscription Program Terms carefully before enrolling in a subscription or completing your purchase.
The Company may allow eligible customers to refer new customers through a personal referral link. When a new customer uses the link and completes an eligible first purchase, the new customer will receive 15% off that purchase, and the referring customer will receive a 15% off coupon for a future eligible order.
Referral coupons may expire after a certain period after issuance. Only one coupon may be used per order, and coupons may not be combined with other discounts or promotions unless The Company permits otherwise. Coupons have no cash value, are non-transferable, and cannot be applied to prior purchases.
Self-referrals, duplicate accounts, fraudulent transactions, and other misuse are prohibited. The Company may withhold or revoke a coupon if the qualifying purchase is canceled, refunded, disputed, or otherwise ineligible. The Company may modify, suspend, or terminate the program at any time, subject to applicable law.
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site to registered users.
You are responsible for:
Making all arrangements necessary for you to have access to the Site.
Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.
To access some services, or features of the Site, including creating an account, purchasing Products, enrolling in or managing a subscription, career opportunities, and practitioner or wholesale programs, or other Company offerings, you may be asked to provide certain information and/or registration details. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide on this Site and/or to register with this Site, including but not limited to through any interactive features on the Site, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
If you use any automated means to access the Site including, but not limited to, an artificial intelligence agent, bot, or any other system with the capability to operate autonomously and act as your proxy (“AI Agent”), you represent that you have full authority for the AI Agent to act on your behalf which includes consenting to these Terms of Use and the provisions herein. You acknowledge and agree that you remain fully responsible for any and all actions by the AI Agent including monitoring the AI Agent’s compliance with these terms.
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) (collectively, the “Content”) are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright and trademark patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site. You must not:
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Without the approval of the Company or of its relevant licensor in writing, no license or other right to the use of the contents on the Site is granted either explicitly or implicitly or in any other way. Any unauthorized use of the materials is strictly prohibited and will be subject to civil and criminal prosecution by the Company.
The viewing, printing or downloading of any graphic, form, document or other content from the Site grants you only a limited, nonexclusive and nontransferable license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any graphic, form, document or other content may be reproduced in any form or incorporated into any information system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). Any unauthorized use of the Site and their contents terminates the license granted hereby.
AllergsoSan’s name, logo and all related names, logos, product and service names, designs and slogans are trademarks of AllergsoSan or its affiliates or licensors. You must not use such marks without the prior written permission of AllergsoSan. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.
By using the Site, you represent and warrant that:
All information you submit will be true, accurate, current, and complete;
You will maintain the accuracy of such information and promptly update such registration information as necessary;
You have the legal capacity to enter into and you agree to comply with these Terms of Use;
You are not a minor in the jurisdiction in which you reside;
You will not use the Site for any illegal or unauthorized purpose; and
Your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may be required to register with the Site. You may not transfer or otherwise permit any other person or entity to access the Site using your username and password, which you acknowledge and agree are personal to you and are non-transferable. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may use the Site only for lawful purposes and in accordance with these Terms of Use. As a user of the Site, you agree not to use the Site:
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way.
To collect usernames or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts under false pretenses.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site or the Content contained therein.
To intentionally submit or transmit inaccurate information through this Site, including making improper use of our support services or submitting false reports of abuse or misconduct.
To use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
To impersonate or attempt to impersonate AllergoSan, an AllergoSan employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
To pretend that you represent another person, organization, or entity that you have not been authorized by that person, organization, or entity to represent through this Site.
To decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
To harass, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site.
To use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
To introduce viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm AllergoSan or users of the Site or expose them to liability.
To upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
To use any manual process to monitor or copy any of the material on the Site or for any other
To use any device, software or routine that interferes with the proper working of the Site.
To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
To attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
To otherwise attempt to interfere with the proper working of the Site.
We may provide you functionality of the Site that allows you to leave reviews or ratings. When posting a review, you must comply with the following criteria:
You should have firsthand experience with the product/person/entity being reviewed;
Your reviews should not contain profanity or abusive, racist, offensive, or hateful language;
Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
Your reviews should not contain references to illegal activity;
You must not be affiliated with or sponsored by competitors if posting negative reviews;
You should not make any conclusions as to the legality of conduct;
You may not post any false or misleading statements;
You may not organize a campaign encouraging others to post reviews, whether positive or negative; and
You may not post any content that infringes or otherwise violates the intellectual property, privacy, or publicity rights of any third party.
We may accept, reject, or remove reviews in our sole discretion. We have no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review.
By submitting a review, you authorize the Company to publicly display and use your review, rating, name, and any other content you provide, including for marketing and promotional purposes. If you provide your full name, it may appear publicly with your review. Please do not include any sensitive personal information, including any medical or health related information.
Customers who choose to leave a review after purchasing a product may receive a discount on their next purchase, regardless of whether the review is positive, negative, or neutral. To learn more about the discount, click HERE on Notice of Financial Incentive.
All employment applications, reviews, comments, contact information submissions and other contents (collectively, “Submissions”) which you provide to the Company, will be regarded as provided on a non-confidential basis, except as prohibited by applicable law.
You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit, assign, and license such Submissions to us. You agree that you will have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions. The Company reserves the right to use this information at its exclusive discretion and is not subject to any obligation to respond to any submissions.
You are responsible for ensuring that none of your submissions infringe the rights of third parties (including copyright, trademark, patent, commercial secrecy, privacy or other personal rights or intellectual property rights) and to that extent indemnify the Company from all claims of third parties, including attorneys’ fees.
We reserve the right, but not the obligation, to:
Monitor the Site for violations of these Terms;
Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities;
In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Submissions or any portion thereof;
In our sole discretion and without limitation, notice, or liability, to remove any account from the Site or otherwise disable any user’s access to the Site; and
Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
These Terms shall remain in full force and effect while you use the Site, provided that your rights hereunder to access or use the Site will terminate immediately and without notice from us if you breach these Terms.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
The information presented on or through the Site is made available solely for general information purposes and does not constitute legal, tax, or health advice. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
The Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
You may link content on this Site to your social media, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Site may provide certain social media features that enable you to:
Link content on this Site to your own social media, including but not limited to Facebook, Twitter, LinkedIn, Reddit, Tumbler, and Pinterest.
Send e-mails or other communications with certain content, or links to certain content, on this Site.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Site or portions of it to be displayed on, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Site other than the homepage.
Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Sites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such Sites.
The owner of the Site is based in the state of New York in the United States. We provide this Site for use only by persons located in the United States. The Company does not target, market to, or offer its products or services to customers outside the United States. You agree not to submit your personally identifiable information through the Site if you reside outside the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
This Site may be accessed by users outside the United States and may contain references to our products and services that are not available or that may be prohibited in your country or jurisdiction. Such references do not imply that we intend to make these products and services available in your country or jurisdiction or that such products and services may be lawfully used there. If you choose to access this Site from outside the United States, you are responsible for compliance with all applicable laws in your jurisdiction.
By using this Site, you agree that the laws of the United States and the laws of the State of New York govern these Terms of Use and any claim or dispute you may bring against the Company. You also agree that any arbitration arising from these Terms of Use will be held in accordance with the Federal Arbitration Act.
Subject to the Dispute Resolution procedure stated below, any legal suit, arbitration, action or proceeding arising out of, or related to, these Terms of Use or your use of the Site shall be instituted exclusively in federal courts of the United States or the Courts of the State of New York or before New York arbitrators in each case located in Westchester County.
You hereby consent to the personal and exclusive jurisdiction of those courts and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms.
By accessing and/or using this Site, you agree to try to settle any dispute with the Company arising from or related to your use or access of this Site by sending a letter describing the basis for the dispute and allowing the Company at least 30 days to respond after the Company will have received your letter. If you want to send such a letter to the Company, send it to info@omnibioticlife.com. The Company will respond to you at the address the Company has on file for you.
The parties will cooperate and attempt in good faith to resolve any dispute or claim arising out of or relating to this arbitration agreement or the construction, interpretation, performance, breach, termination, enforceability, or validity thereof, or arising out of or relating to your use of or access to the Site.
You and the Company agree to attempt to resolve the dispute under the terms described in the preceding paragraph before you or the Company will commence any litigation or file a claim against the other party.
By accessing and/or using this Site, you unconditionally agree that any dispute which cannot otherwise be resolved as provided above after the parties have negotiated the resolution of the dispute for at least thirty (30) business days will be decided entirely by binding arbitration on an individual basis, which means you and the Company waive the right for a judge or jury to decide such claims and means that you may not proceed in a class, collective, or consolidated capacity. Your rights and the Company’s rights during the arbitration process may be more limited than the rights you or the Company would have in civil trial or appellate courts. The Federal Arbitration Act and federal arbitration law apply to this arbitration agreement.
At the beginning of any arbitration process under this arbitration agreement, you and the Company will need to select an arbitrator by mutual agreement. The arbitrator shall be a retired federal judge or judge of the state court of general jurisdiction, or another qualified and impartial person that you and the Company decide upon. In the event you and the Company cannot agree on the selection of an arbitrator, the Company will select an alternative dispute resolution provider and request from that provider a list of an odd number of potential arbitrators. From that list you and the Company will alternatively strike arbitrators, with the Company going first, until one arbitrator is left. That arbitrator shall be the arbitrator who will hear the case. If you and the Company cannot agree on an alternative dispute resolution provider, an arbitrator will be appointed according to law. Payment of all filing, administration and arbitrator fees will be governed by the selected arbitrator’s or alternative dispute resolution provider’s applicable rules.
The arbitrator shall have the same authority as a state or federal court would have to issue subpoenas to third parties for production of documents and for depositions, in addition to subpoenas to appear at any arbitration hearing. In any arbitration proceeding under this arbitration agreement, all rules of pleading under the Federal Rules of Civil Procedure (including the right to file a motion to dismiss for failure to state a claim, lack of standing under Article III of the US Constitution, and lack of personal jurisdiction; meaning that a claim shall be dismissed by the arbitrator if the same claim would be dismissed by a federal court for failure to state a claim, lack of standing, or personal jurisdiction), the Federal Rules of Evidence, and all rights to resolution of the dispute by means of motions for summary judgment or judgment on the pleadings shall apply and be observed, unless you and the Company agree otherwise. The arbitrator shall have the immunity of a judicial officer from civil liability when acting in the capacity of an arbitrator, which immunity supplements any other existing immunity. Likewise, all communications during or in connection with the arbitration proceedings shall be privileged. The arbitrator’s award(s) shall include the arbitrator’s written reasoned opinion. Resolution of all disputes shall be based solely upon the law governing the claims and defenses pleaded, and the arbitrator may not invoke any basis (including but not limited to, notions of “just cause”) other than such controlling law.
You and the Company each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. This arbitration agreement shall not be construed to allow or permit the consolidation or joinder of claims of other claimants, or to permit such claims to proceed as a class, representative, or collective action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. No arbitrator shall have the authority under this arbitration agreement to order any such class or collective action. Any dispute regarding the validity, scope, or enforceability of this arbitration agreement, or concerning the arbitrability of a particular claim, shall be resolved by a court, not by the arbitrator. You agree to waive any substantive or procedural rights that you may have to bring or participate in an action brought on a class or collective basis.
The arbitral award will be final and binding. The parties waive any right to appeal the arbitral award, to the extent a right to appeal may be lawfully waived.
Each party will bear its own fees, costs and expenses of the arbitration, and its own legal expenses, attorneys’ fees, and costs of all experts and witnesses, provided, however, that the arbitrator may award arbitration costs, including legal, auditing, and other fees to the prevailing party in the arbitration proceeding if the party prevails on a claim based on a statute or contract that provides for award of such attorneys’ fees and costs to the prevailing party. The Parties agree to use any mass arbitration rules and fee schedule of the selected arbitration forum, if available and if applicable, including if such rules or fee schedule become applicable after the commencement of arbitration.
Each party retains the right to seek judicial assistance: (a) to compel arbitration; (b) to obtain interim measures of protection prior to or pending arbitration; (c) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information or to enjoin infringement or other misuse of intellectual property rights; or (d) to enforce any decision of the arbitrator, including the final award.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PERMITTED UNDER THIS AGREEMENT OR AS PROVIDED IN THE ARBITRATOR’S OR ARBITRATION AGENCY’S APPLICABLE RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR THE COMPANY WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site 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 our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A 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 SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
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.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, SUPPLIERS, AGENTS, OFFICERS OR DIRECTORS OR SUCCESSORS OR ASSIGNEES OF EACH BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, 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, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, PRODUCT LIABILITY, STATUTORY VIOLATIONS OR OTHERWISE, EVEN IF FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH (A) YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, (B) ANY LOSS OR DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION ACCESSED ON OR THROUGH THE SITE, (C) ANY TRANSACTION ENTERED INTO THROUGH OR FROM THE SITE, (D) YOUR INABILITY TO USE THE SITE FOR WHATEVER REASON, INCLUDING, BUT NOT LIMITED TO, COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED ON OR THOUGH THE SITE, (E) THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY INFORMATION, (F) THE USE OF ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE SITE, (G) UNAUTHORIZED ACCESS TO THE SITE AND UNAUTHORIZED ALTERATION TO TRANSMISSIONS OR DATA, (H) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (I) ANY OTHER MATTER RELATING TO THE SITE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Company, its subsidiaries, affiliates and their licensors, service providers, shareholders, employees, contractors, suppliers, agents, officers, directors, successors and assignees from and against any loss, damage, liabilities, claims, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees and expenses, arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, any use of the Site's content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.
If the Company sells its assets to, or is acquired by another company, or if the Company merges with another company, you, by using this Site, authorize the Company to assign the personally identifiable information you provided to the Company or that the Company collected while you used this Site.
You consent to receive electronic communications from us, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
By using this Site, you unconditionally agree that the Company may terminate and/or block your access to the Site at its sole discretion and without prior notice. You also unconditionally agree that any threatened or actual violation by you of these Terms constitutes an unlawful and unfair business practice. You agree that any threatened or actual violation by you will cause unquantifiable and irreparable harm to the Company for which monetary damages would be inadequate and consent to the Company’s obtaining any injunctive or equitable relief that the Company deems necessary or appropriate. These remedies are in addition to any other remedies that the Company may have at law or in equity.
These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800)952-5210 or (916)445-1254.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
AllergoSan USA
181 Westchester Avenue
Suite 407A
Port Chester, NY 10573
United States
Phone: +1 (914) 615-9914
Email: info@omnibioticlife.com