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Terms and Conditions

  1. About the Website

  2. Welcome to mykoreessentials.com (the “Website”). The Website is owned, operated and maintained by myKore Essentials, LLC (“myKore”). Access to and use of the Website, or any of its associated Products or Services, is provided by myKore.

    The Website provides information on myKore’s products and services and includes a payment gateway for the purchase of such products and services (“Services”).

    Please read these Terms and Conditions (the Terms) carefully. Using, browsing, reading the Website and/or purchasing any of myKore’s products or services signifies that you have read, understood and agree to be bound by the Terms.If you do not agree with the Terms, you must cease usage of the Website, or any Services, immediately.

    myKore reserves the right to modify, alter, update and/or remove portions of the Terms at its sole discretion at any time without prior notice includes, without limitation, posting revised Terms on the Website, which amended Terms shall be binding on you.Any changes to the Terms take immediate effect from the date of their posting on the Website.

  3. Commercial Transactions

  4. Purchase of Products or Services.The Services allow you to purchase products or services from myKore.To purchase products or services you must: (a) be at least eighteen years of age; (b) provide us or our third party payment service with valid payment information associated with a credit card or other payment methods authorized by us, and (c) authorize us or our third party payment service to charge your credit card or other payment method for the price of the products or services you purchase plus any applicable taxes, fees or shipping charges.

    Payments.All payments made in the course of your use of the Services are made using PayPal and UltraCart payment gateway (Payment Service). In using the Website, the Services and/or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by Payment Service’s Terms and Conditions.

    Order Acceptance Policy.Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.We reserve the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered for an item.

    Denied Payments.You acknowledge and agree that where a request for a payment is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including, but not limited to, banking fees and charges, associated with the returned or denied payment.

    Prices.You agree and acknowledge that myKore can change and/or amend the prices posted on the Website at any time and that the amended prices will immediately come into effect when posted on the Website.

    Returns.We will accept returns for any reason within thirty (30) days of the shipping date, only if the tamper proof sticker has not been broken nor has the product or its packaging been damaged in any way.

  5. Your Obligations

  6. By using the Website and Services you agree to the following:

    1. To use the Website and Services only for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices and/or guidelines in the relevant jurisdictions;

    2. You are solely responsible for protecting your registration information (i.e. username and password) and are prohibited from providing your registration information to any other individuals or third parties.

    3. You agree to immediately notify myKore of any unauthorized use of your registration information and/or any breach of security of which you have become aware;

    4. Access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of myKore providing products or Services to you;

    5. You will not use the Services or the Website in connection with any commercial endeavors except those that are specifically endorsed or approved by myKore in writing prior to any such commercial endeavor;

    6. You agree that you will not use myKore’s Services and/or Website to promote and/or partake in any illegal or unauthorized conduct, including, but not limited to, the collection of email addresses for the purposes of sending unsolicited or unauthorized advertising materials, junk mail, spam, chain letters, pyramid schemes or any other unsolicited correspondence prohibited by law;

    7. You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without prior notice and may result in termination of the Services. Appropriate legal action will be taken by myKore for any illegal or unauthorized use of myKore’s Services and Website;

    8. You acknowledge and agree that any automated use of the Website and/or its Services is strictly prohibited;

    9. You agree that you will not knowingly post and/or upload any materials, contact or URL links that contain any software/computer viruses that will interfere with the Services, Website and/or any third party’s authorized use of myKore’s Services and Website;

    10. You will not upload, post, e-mail, transmit or otherwise make available any content that is in violation of copyright law, trademark law, or any other law protecting intellectual property in any jurisdiction, or that violates an individual’s rights to publicity or privacy; and

    11. You will not upload, post, e-mail, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable, and you will not use myKore’s Services and Website to harass, threaten, impersonate or intimidate any other person or entity.

  7. Copyright and Intellectual Property

  8. The Website, the Services and all of the related products and content are the property of myKore and are subject to laws in the United States and other countries through international treaties. Unless otherwise indicated, all copyright, trademark and other proprietary rights in the Website and in the Services, text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements, interactive features and all other materials are owned, controlled and are reserved to myKore and/or its contributors.

    All trademarks, service marks and trade names (collectively the “Marks”) are trademarks and/or registered trademarks owned by myKore and/or third party owners that have granted myKore a license to use such Marks on the Website and Services. myKore’s Marks may not be used in connection with any website, product and/or service without the prior written consent of myKore and the written permission of any other relevant rights owners.

  9. DMCA Notice

  10. myKore respects the intellectual property rights of others and requires that the individuals and businesses/organizations that use myKore’s Website and Services do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please send the following information to myKore’s Copyright Agent at the address listed below (“Notice”):

    1. A detailed description of the copyrighted work that you claim has been infringed upon;

    2. A detailed description of the alleged infringing activity, the URL where the alleged infringing material is located on the Website and a screenshot and/or printout of the alleged infringing material;

    3. A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent or the law;

    4. Your full contact information, including your full name and/or the name of your business/organization, mailing address, telephone number and email address;

    5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

    6. A statement by you, made under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner and/or are authorized to act on the copyright owner’s behalf.

    Once you have submitted the above information, myKore will review your Notice and provide you with a response as quickly as possible.

  11. Links to Third Party Websites

  12. The Website may include links to third party websites. myKore does not control nor does it have control over third party websites. By using the myKore Website and Services you agree and acknowledge that myKore is not responsible for the availability of third party websites and is not responsible and/or liable for any content, advertising, products or other materials on or available from these third party websites. You further acknowledge and agree that myKore shall not be responsible and/or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any third party website.

  13. Privacy

  14. myKore takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to myKore's Privacy Policy, which is available on the Website at our privacy policy page.

  15. No Professional Advice or Medical Information

  16. The Website and Services do not provide medical advice, diagnosis or treatment, and the information included in the Website and Services is offered for informational purposes only.myKore is not a medical organization and its staff cannot give you medical advice or diagnosis.Nothing contained in the Website should in any way be understood or construed as such advice or diagnosis.

    Please consult with your physician or other healthcare provider if you have any health-related questions before using any of our products or relying on information you obtain from the Services.You should discuss any medications or nutritional supplements you are using with your doctor or other healthcare provider before using any new medications or dietary supplements.

    The statements on the Website and Services have not been evaluated by the Food and Drug Administration.Our products are not intended to diagnose, treat, cure or prevent any disease.

  17. Minors and Territory

  18. The Website is intended for individuals over the age of eighteen (18) years of age.You must be at least 18 years of age to use the Website.

    The Website is operated from the United States.The content and materials on the Website are intended only for residents of the United States.If you access the Website from outside the United States please note that the Website may not comply with the laws and regulations of your country.You may not use the Website in violation of the laws of the United States.

  19. General Disclaimer

  20. To the extent permitted by law all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded.Use of the Website and the Services is at your own risk. Everything on the Website and the Services is being provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of myKore make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of myKore) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

    1. Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorized access to records;

    2. The accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

    3. Costs incurred as a result of you using the Website, the Services or any of the products of myKore; and

    4. The Services or operation in respect to links which are provided for your convenience.

  21. Limitation of Liability

  22. MYKORE'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS, HOWEVER ARISING, INCLUDING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), IN EQUITY, UNDER STATUTE OR OTHERWISE, WILL NOT EXCEED THE RESUPPLY OF THE SERVICES OR PRODUCTS TO YOU.

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT MYKORE, ITS AFFILIATES, EMPLOYEES, AGENTS, CONTRIBUTORS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT IS NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION AND ANY OTHER INTANGIBLE LOSS.

  23. Release and Indemnity

  24. YOU EXPRESSLY UNDERSTAND AND IRREVOCABLY RELEASE AND FOREVER DISCHARGE MYKORE, ITS AFFILIATES, EMPLOYEES, AGENTS, CONTRIBUTORS AND LICENSORS FROM LIABILITY AND/OR ANY AND ALL ACTIONS TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT IS NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION AND ANY OTHER INTANGIBLE LOSS.

    By using the Website and Services, you agree to indemnify and hold harmless myKore, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with (i) the content you post to the Website; (ii) any direct or indirect consequences of you accessing, using or transacting any activity on the Website or attempts to do so; and/or (iii) any breach of the Terms.

  25. Applicable Laws and Jurisdiction

  26. These Terms shall governed by the laws of the State of New York, without giving effect to the principles of conflicts of law.You agree that any action at law or in equity arising out of or relating to your use of the Website, Services or these Terms will be filed only in the state or federal courts located in New York County in the State of New York and you hereby consent and submit to the jurisdiction of such courts.

  27. Assignment and Waiver

  28. We may assign our rights and obligations under these Terms and these Terms will inure to the benefit of our successors, assigns, and licensees.

    Our failure to insist upon or enforce the strict performance of you with respect to any provision of these Terms, or to exercise any rights under these Terms shall not be construed or interpreted as a waiver of our right to assert or rely upon such provision or right in that or any other instance.

  29. Severance

  30. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction in New York State, the part deemed void or unenforceable shall be severed from these Terms and shall not affect the validity and enforceability of the remaining provisions in these Terms.